[House Report 117-405]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-405
_______________________________________________________________________
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7900) TO AUTHORIZE
APPROPRIATIONS FOR FISCAL YEAR 2023 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 (S. 3373) TO IMPROVE
THE IRAQ AND AFGHANISTAN SERVICE GRANT AND THE CHILDREN OF FALLEN
HEROES GRANT; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 8296) 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. 8297)
TO PROHIBIT THE INTERFERENCE, UNDER COLOR OF STATE LAW, WITH THE
PROVISION OF INTERSTATE ABORTION SERVICES, AND FOR OTHER PURPOSES;
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6538) TO CREATE AN ACTIVE
SHOOTER ALERT COMMUNICATIONS NETWORK, AND FOR OTHER PURPOSES; AND FOR
OTHER PURPOSES
----------
R E P O R T
of the
COMMITTEE ON RULES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 13, 2022.--Referred to the House Calendar and ordered to be
printed
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-405
_______________________________________________________________________
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7900) TO AUTHORIZE
APPROPRIATIONS FOR FISCAL YEAR 2023 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 (S. 3373) TO IMPROVE
THE IRAQ AND AFGHANISTAN SERVICE GRANT AND THE CHILDREN OF FALLEN
HEROES GRANT; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 8296) 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. 8297)
TO PROHIBIT THE INTERFERENCE, UNDER COLOR OF STATE LAW, WITH THE
PROVISION OF INTERSTATE ABORTION SERVICES, AND FOR OTHER PURPOSES;
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6538) TO CREATE AN ACTIVE
SHOOTER ALERT COMMUNICATIONS NETWORK, AND FOR OTHER PURPOSES; AND FOR
OTHER PURPOSES
__________
R E P O R T
of the
COMMITTEE ON RULES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
July 13, 2022.--Referred to the House Calendar and ordered to be
printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
48-023 WASHINGTON : 2022
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-405
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 7900) TO AUTHORIZE
APPROPRIATIONS FOR FISCAL YEAR 2023 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 (S. 3373) TO IMPROVE
THE IRAQ AND AFGHANISTAN SERVICE GRANT AND THE CHILDREN OF FALLEN
HEROES GRANT; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 8296) 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. 8297)
TO PROHIBIT THE INTERFERENCE, UNDER COLOR OF STATE LAW, WITH THE
PROVISION OF INTERSTATE ABORTION SERVICES, AND FOR OTHER PURPOSES;
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6538) TO CREATE AN ACTIVE
SHOOTER ALERT COMMUNICATIONS NETWORK, AND FOR OTHER PURPOSES; AND FOR
OTHER PURPOSES
_______
July 13, 2022.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Morelle, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 1224]
The Committee on Rules, having had under consideration
House Resolution 1224, 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. 7900, the
National Defense Authorization Act for Fiscal Year 2023, 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 117-54 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 A of this report
not earlier considered as part of amendments en bloc pursuant
to section 3 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. Section 3 of 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 A 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 A of the report and amendments en bloc
described in section 3 of the resolution. The resolution
provides one motion to recommit. The rule further provides for
consideration of H.R. 6538, the Sergeant First Class Heath
Robinson Honoring our Promise to Address Comprehensive Toxics
Act of 2022, 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 Veterans'
Affairs 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 56 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 commit. The resolution provides for the
consideration of H.R. 8296, the Women's Health Protection Act
of 2022, 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 bill shall be considered as read. The
resolution waives all points of order against provisions in the
bill. The resolution provides for one motion to recommit. The
resolution provides for the consideration of H.R. 8297, the
Ensuring Access to Abortion Act of 2022, 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 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 for one motion to recommit.
The resolution provides for consideration of H.R. 6538, the
Active Shooter Alert Act of 2022, 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 the Judiciary or their designees. The resolution
waives all points of order against consideration of the bill.
The resolution provides that the amendment in the nature of a
substitute recommended by the Committee on the Judiciary now
printed in the bill 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 that at any time through the legislative
day of Friday, July 15, 2022, 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 June 21, 2022 or
July 12, 2022, 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 House Resolution 188, agreed to March
8, 2021 (as most recently amended by House Resolution 1191,
agreed to June 22, 2022), is amended by striking ``July 13,
2022'' each place it appears and inserting (in each instance)
``July 19, 2022''.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 7900 includes a waiver of clause 3(e)(1) of rule XIII,
which requires the inclusion of a comparative print for a bill
or joint resolution proposing to repeal or amend a statute.
Although the resolution waives all points of order against
provisions in H.R. 7900, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments to H.R. 7900 printed in part A of this report
and amendments en bloc described in section 3 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
S. 3373 includes waivers of the following:
--Section 302(f) of the Congressional Budget Act, which
prohibits consideration of a bill if it has the net effect of
increasing mandatory spending over the five- or ten-year
period.
--Section 306 of the Congressional Budget Act, which
prohibits consideration of legislation within the jurisdiction
of the Committee on the Budget unless referred to or reported
by the Budget Committee.
--Clause 10 of rule XXI, which prohibits consideration of a
measure that has a net effect of increasing the deficit or
reducing the surplus over the five- or 10-year period.
Although the resolution waives all points of order against
provisions in S. 3373, 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. 8296 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. 8296 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. 8297 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. 8297, 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. 6538 includes a waiver of clause 3(d)(1) of rule XIII,
which requires the inclusion of a committee cost estimate in a
committee report. A full CBO cost estimate on H.R. 6538 was not
available at the time the Committee on the Judiciary filed its
report.
Although the resolution waives all points of order against
provisions in H.R. 6538, as amended, 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. 247
Motion by Mr. Cole to amend the rule to H.R. 7900 to make
in order amendment #367, offered by Rep. Gottheimer (NJ), which
requires that DoD issue a report confirming that none of their
contractors participate in or are engaged with the BDS
movement. 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. 248
Motion by Mr. Burgess to amend the rule to H.R. 7900 to
make in order amendment #848, offered by Rep. Burgess (TX),
which requires the Afghanistan War Commission created in the
FY22 NDAA to study the planning and execution of the withdrawal
of Armed Forces from Afghanistan in August 2021. 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. 249
Motion by Mr. Burgess to amend the rule to H.R. 7900 to
make in order amendment #180, offered by Rep. Burgess (TX),
which amends Section 314 subsection C to ensure that no more
than 49% of all nontactical vehicles at the military
installation be replaced with electric vehicles as part of the
pilot program. 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. 250
Motion by Mr. Burgess to amend the rule to H.R. 7900 to
make in order amendment #510, offered by Rep. Fallon (TX),
which expresses the sense of Congress that the State of Texas
should not be forced to bear the financial burden of border
security and should receive adequate resourcing from the
Department of Defense to support Operation Lone Star. 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. 251
Motion by Mr. Reschenthaler to amend the rule to H.R. 7900
to make in order amendment #131, offered by Rep. Reschenthaler
(PA), which states that no funds authorized under this Act may
be made available for Eco Health Alliance, Inc. work in China.
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. 252
Motion by Mr. Reschenthaler to amend the rule to H.R. 7900
to make in order amendment #325, offered by Rep. Reschenthaler
(PA), which expresses a sense of Congress that the Secretary of
Defense should work in consultation with the Secretary of State
to provide appropriated Foreign Military Financing to Taiwan to
help address critical gaps in their self-defense capabilities.
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. 253
Motion by Mr. Reschenthaler to amend the rule to H.R. 7900
to make in order amendment #326, offered by Rep. Reschenthaler
(PA), which requires 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. 254
Motion by Mr. Reschenthaler to amend the rule to H.R. 7900
to make in order amendment #731, offered by Rep. Steube (FL),
which adds a statement of policy stating that it is the policy
of the U.S. to: (1) seek the abolition of the United Nations
Independent International Commission of Inquiry on the Occupied
Palestinian Territory, including East Jerusalem, and Israel;
and (2) combat systemic anti-Israel bias at the United Nations
Human Rights Council and other international fora. 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. 255
Motion by Mrs. Fischbach to amend the rule to H.R. 7900 to
make in order amendment #50, offered by Rep. Pfluger (TX),
which prohibits DHS grants from going to universities that have
ties to the CCP or entities that are supported by the CCP.
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. 256
Motion by Mrs. Fischbach to amend the rule to H.R. 7900 to
make in order amendment #102, offered by Rep. Perry (PA), which
prohibits the use of funds made available by this Act to refer
to Taiwan as anything other than ``Taiwan'' in publications or
on departmental and agency websites. 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. 257
Motion by Mrs. Fischbach to amend the rule to H.R. 7900 to
make in order amendment #206, offered by Rep. Van Duyne (TX),
which requires a report on the vulnerability of U.S. food
supply chains. 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. 258
Motion by Mr. Morelle 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 AMENDMENTS TO H.R. 7900 IN PART A
MADE IN ORDER
1. Schiff (CA): Requires proceedings for military
commissions to be publicly available on the internet. (10
minutes)
2. Jones, Mondaire (NY): Prohibits Department of Defense
from contracting with any employer found to have engaged in an
unfair labor practice, defined by Section 8(a) of the National
Labor Relations Act (NLRA), in the three years preceding a
contract award date. Includes an exception for employers who
have remedied unfair labor practice violations. (10 minutes)
3. Schakowsky (IL): Establishes a preference for Department
of Defense offerors that meet certain requirements pertaining
to labor relations. (10 minutes)
4. Kim (NJ), Garamendi (CA), Norcross (NJ): Adds provisions
of the Put Our Neighbors to Work Act to require DoD, to the
extent practicable, to give preference for military
construction contracts to firms that certify that at least 51
percent of employees hired to perform the work shall reside in
the same state or within a 60-mile radius, and to require
contractors and subcontractors for military construction
projects to be licensed in the state where the work is to be
performed. (10 minutes)
5. Johnson, Hank (GA), Escobar (TX), Watson Coleman (NJ),
McClintock (CA), Cohen (TN), Schakowsky (IL), Moore (WI),
Carson (IN), Norton (DC), Blumenauer (OR), Tlaib (MI), Jacobs,
Sara (CA), Jones, Mondaire (NY), Gallego (AZ), Jayapal (WA),
Gomez (CA): Revises the DOD's ``1033 program,'' by prohibiting
the transfer of military-grade weapons and tactical vehicles
and aircraft to federal, tribal, state, and local law
enforcement agencies across the nation, except under certain
exceptions when the Secretary determines a waiver is necessary
(such as for disaster or rescue purposes or for another purpose
where life and public safety are at risk). Still allows law
enforcement agencies to obtain the vast majority of the
equipment available for distribution under this program while
subjecting the more lethal equipment to more oversight by
civilian local authorities and the taxpayers. (10 minutes)
6. Escobar (TX): Establishes and maintains a publicly
available website that provides up-to-date and comprehensive
information, in a searchable format, on the purchase of
equipment under the 1122 DoD program. (10 minutes)
7. Brownley (CA): Expresses the sense of Congress that
women who served in the Armed Forces before 1976 should not
have been discharged due to their pregnancy. (10 minutes)
8. Escobar (TX), Speier (CA): Requires that complaints from
a member of the Armed Forces of harassment or prohibited
discrimination be completed within 180 days, and allows for
members to seek review or appeal in a U.S. court if they wished
to after the 180 days are exhausted. (10 minutes)
9. Levin, Mike (CA), Speier (CA), Takano (CA): Requires
that the Armed Forces Workplace and Gender Relations Surveys
solicit information regarding the presence of discriminatory
factors involved in an assault. (10 minutes)
10. Omar (MN): Adds efforts to prevent civilian harm and
human rights violations to the annual report created by Section
1201(b). (10 minutes)
11. Khanna (CA), Jacobs, Sara (CA), Malinowski (NJ), Crow
(CO): Requires the Department of Defense to enter into an
agreement with a federally funded research and development
center to conduct an independent report on Department of
Defense practices regarding distinguishing between combatants
and civilians in United States military operations. (10
minutes)
12. Khanna (CA), Jacobs, Sara (CA), Malinowski (NJ), Crow
(CO): Authorizes up to $5 million per year from FY23-FY25 for
the Department of Defense for resources to implement the
requirements in section 936 of the John S. McCain National
Defense Authorization Act for FY19 relating to civilian harm
mitigation, including staffing, training, and information
technology equipment and data storage. (10 minutes)
13. Lee, Barbara (CA), Pocan (WI), DeFazio (OR), Watson
Coleman (NJ), Huffman (CA), Espaillat (NY), Gomez (CA),
Blumenauer (OR), Davis, Danny K. (IL): Reduces the FY23 NDAA
topline by $100b, while holding harmless personnel, civilian
pay and benefits, and the Defense Health Program. Cites a 2021
CBO study that detailed workable options for a $100b/yr
reduction in defense spending. (10 minutes)
14. Lee, Barbara (CA), Pocan (WI), Jacobs, Sara (CA),
Watson Coleman (NJ), Welch (VT), Moore (WI), Espaillat (NY),
Gomez (CA), Blumenauer (OR), Davis, Danny K. (IL): Reverses the
$36.987 billion increase made at HASC markup above the
President's FY23 request, restoring the FY23 topline to the
amount requested by the President. (10 minutes)
15. Jayapal (WA), Garamendi (CA), Lowenthal (CA), Tlaib
(MI), Levin, Andy (MI), Gomez (CA), Grijalva (AZ), Cohen (TN),
Schakowsky (IL), Moulton (MA): Repeals the statutory
requirement for the Defense Department to submit unfunded
priorities lists to Congress. (10 minutes)
16. Smith, Adam (WA), Speier (CA): Allows the Navy to
retire nine Littoral Combat Ships (LCSs). (10 minutes)
17. Veasey (TX), Turner (OH), Larson, John (CT): Adds three
F-35Cs for the Navy, offset by a $354 million reduction from
operation and maintenance accounts. (10 minutes)
18. Foster (IL), Larsen, Rick (WA), Garamendi (CA),
Horsford (NV), Beyer (VA), Cooper (TN), Titus (NV), Bera (CA),
Malinowski (NJ): Repeals the restriction on funding for the
Preparatory Commission for the Comprehensive Nuclear-Test-Ban
Treaty Organization. (10 minutes)
19. Garamendi (CA), Jayapal (WA), Beyer (VA), Khanna (CA):
Prevents testing and development of the new, unnecessary
Sentinel (GBSD) nuclear missile and instead simply extends the
existing Minuteman III ICBM through at least 2040. (10 minutes)
20. Tlaib (MI), Jacobs, Sara (CA): Strikes the prohibition
on the reduction of the total number of nuclear armed
Intercontinental Ballistic Missiles (ICBMs) deployed in the
United States. (10 minutes)
21. Tlaib (MI): Emphasizes that the Military Justice Review
Panel must take into account the historically discriminatory
manner in which marijuana laws have been enforced and the
ongoing risk of discrimination in conducting their review of
marijuana sentencing. (10 minutes)
22. Ocasio-Cortez (NY), Correa (CA): Adds
methylenedioxymethamphetamine (commonly referred to as MDMA)
and psilocybin as substances authorized for a study on the use
of therapies alternative to prescription opioids in the
treatment of members of the Armed Forces. (10 minutes)
23. Crenshaw (TX), Van Duyne (TX): Creates a grant program
carried out by SECDEF for certain eligible entities
(departments or agencies, academic institutions, non-profits)
to study the treatment of post traumatic stress disorder of
active duty service members using certain psychedelic
substances and for service members to take part in clinical
trials. (10 minutes)
24. Norton (DC): Gives the District of Columbia the same
number of appointments and nominations to the U.S. service
academies as states. (10 minutes)
25. Norton (DC), Brown (MD), Maloney, Carolyn (NY): Gives
the Mayor of the District of Columbia the same authority over
the D.C. National Guard that the governors of states and
territories have over their National Guards. (10 minutes)
26. Kahele (HI), Gallego (AZ), Kildee (MI), Khanna (CA),
Blumenauer (OR), Jones, Mondaire (NY), Brown (MD): Rescinds
twenty Medals of Honor awarded to the members of the United
States Army 7th Cavalry 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)
27. Slotkin (MI), Bacon (NE): Requires training on the
consequences of committing a crime be included in the
transition assistance program. (10 minutes)
28. Jackson Lee (TX): Directs the Secretary of Defense to
report to Congress in not less than 180 days the results of its
evaluation as to the extent, if any, of the threat to national
security posed by domestic terrorist groups and organizations
motivated by a belief system of white supremacy, such as the
Proud Boys and Boogaloo. (10 minutes)
29. Sanchez (CA): Requests that the Department of Defense
produce a report on the spread of malign disinformation within
the ranks and ways in which the Department is currently working
to mitigate the spread of--and impact of--malign
disinformation. (10 minutes)
30. Manning (NC): Requires the Secretary of Defense to
report to Congress on the role of antisemitism in violent
extremist movements, and the threat that global antisemitism
and violent extremist movements pose to United States Armed
Forces and national security. (10 minutes)
31. Schneider (IL): Directs the FBI, Department of Homeland
Security, and the Secretary of Defense to publish a report that
analyzes and sets out strategies to combat White supremacist
and neo-Nazi activity in the uniformed services and Federal law
enforcement agencies not later than 180 days after enactment
and every 6 months thereafter. (10 minutes)
32. Rice, Kathleen (NY), Schneider (IL): Requires a report
to Congress by FBI and DHS on the processes needed to regularly
report to Congress on domestic terrorism threats pursuant to
Section 5602 of the FY20 NDAA; requires a GAO review of FBI,
DHS, and DNI compliance with domestic terrorism transparency
mechanisms required by federal law. (10 minutes)
33. Aguilar (CA): Requires DoD to update Congress on the
status of implementing the recommendations from the October
2021 report on screening individuals entering the military.
Requires DoD to implement recommendations from the Department's
Countering Extremist Activity Working Group report published in
December 2021. (10 minutes)
34. Jacobs, Sara (CA), Malinowski (NJ), Castro (TX), Titus
(NV), Cicilline (RI), Phillips (MN), Levin, Andy (MI), Crow
(CO): Requires Leahy human rights vetting on DOD Section 127e
and Section 1202 security cooperation programs. (10 minutes)
35. Jacobs, Sara (CA), Davidson (OH): Requires that not
later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional
defense committees and make available to the public on an
internet website of the Department of Defense a report that
details the purchase and use by the Department of Defense of
location data generated by Americans phones and their internet
metadata. (10 minutes)
36. Lieu (CA), Malinowski (NJ), Khanna (CA), Jacobs, Sara
(CA), Castro (TX), Levin, Andy (MI), Dingell (MI): Requires the
Secretary of State to develop guidance for investigating
indications that U.S.-origin defense articles have been used in
Yemen by the Saudi-led coalition in substantial violation of
relevant agreements with countries participating in the
coalition and to report to Congress, consistent with GAO
recommendations. (10 minutes)
37. Jayapal (WA), Schakowsky (IL): Requires a report on the
feasibility, change in price, and equitable access of non-
exclusive licensing and/or government-owned contractor-operated
manufacturing of COVID-19 vaccines or medical interventions
developed by the Department of Defense, including the COVID-19
vaccine under development at the Walter Reed Army Institute for
Research. (10 minutes)
38. Biggs (AZ), Good (VA), Miller, Mary (IL), Clyde (GA):
Expresses a sense of Congress about the importance of the U.S.-
Israel relationship and the need to continue offering security
assistance and related support. (10 minutes)
39. Kinzinger (IL), Houlahan (PA), Lieu (CA), Wild (PA),
Kaptur (OH): Authorizes $100,000,000 to provide assistance to
Ukrainian military pilots and associated personnel. Provides
that not later than 15 days before providing assistance or
support using amounts made available pursuant to the
authorization, the Secretary of Defense shall submit to the
Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a notification
containing the following elements: A detailed description of
the assistance or support to be provided, including the
objectives of such assistance or support; the budget for such
assistance or support; and the expected or estimated timeline
for delivery of such assistance or support as well as a
description of such other matters as the Secretary considers
appropriate. (10 minutes)
40. Sanchez (CA): Directs the Permanent Representative to
NATO to advocate for adequate resources towards understanding
and communicating the threat posed by climate change to allied
civil security, support the establishment of a NATO Centre of
Excellence for Climate and Security, advocate for an in-depth
critical assessment of NATO's vulnerability to the impacts of
climate change, and communicate the core security challenge
posed by climate change as articulated in NATO's strategic
concept. (10 minutes)
41. Kim, Young (CA), Spanberger (VA), Barr (KY), Crenshaw
(TX): Requires reporting on delayed shipments of defense
articles to Taiwan and other security partners in the Pacific
region. (10 minutes)
42. Barr (KY): Requires the Secretary of Defense to to
complete a study on the feasibility of additional DoD resources
necessary to facilitate increased military cooperation between
the United States and Taiwan. (10 minutes)
43. Gallagher (WI), Sherrill (NJ), Murphy, Stephanie (FL),
Panetta (CA), Larsen, Rick (WA), Luria (VA): Requires a
tabletop exercise testing the effectiveness of the whole-of-
government United States response to the invasion of a covered
defense partner in the Indo-Pacific. (10 minutes)
44. Bera (CA), Fitzpatrick (PA), Chabot (OH), Buck (CO),
Gottheimer (NJ): Requires a Department of State report on a
strategy to advance Taiwan's participation in certain
international organizations, a Department of State plan for
strengthening Taiwan's community of civilian defense
professionals, a USAID report on cooperation with Taiwan on
trilateral and multilateral development initiatives, a
Presidential report on whole-of-government strategy to enhance
deterrence over a military conflict between China and Taiwan,
and a Department of Defense report on strengthening Taiwan's
implementation of its territorial defense force concept. (10
minutes)
45. Horsford (NV): Requires the Secretary of Defense to
implement a program to track and reduce Scope 3 emissions and
energy costs. (10 minutes)
46. Phillips (MN): Requires the Secretary of Defense to
make available on an appropriate website a public facing
dashboard displaying actions and reports on adaptation and
mitigation investments it would help. (10 minutes)
47. Ocasio-Cortez (NY), Jayapal (WA): Directs the
Department of State to submit to Congress a report documenting
knowledge from 1980-2010 regarding Colombian military
involvement in assassinations, disappearances, collaboration in
paramilitary offensives, military conduct in the false
positives initiative from 2002-2008, and any gross violations
of human rights. (10 minutes)
48. Torres, Norma (CA), Castro (TX), Sires (NJ), Vargas
(CA), Jacobs, Sara (CA), Malinowski (NJ): Requires additional
notifications and oversight of Section 333 funding for the
governments of the Northern Triangle. (10 minutes)
49. Speier (CA), Frankel (FL), Keating (MA), Meng (NY):
Requires the Secretary of Defense to conduct a gender analysis
of the IMET programs and to offer training on gender analysis
to partner military personnel participating in IMET programs.
(10 minutes)
50. Wild (PA): Requires the Department of Defense to
develop a strategy in coordination with the State Department to
improve security partner cooperation, increase the safety of
United States personnel in partner countries, and increase the
safety of the personnel of such countries, by working to
improve partner military operations. (10 minutes)
51. Manning (NC), Malinowski (NJ): Adds a sense of Congress
on the Multinational Force and Observers (MFO) overseeing the
peace treaty between Israel and Egypt, and requires DOD to
brief Congress on plans to move MFO sites. (10 minutes)
52. Wilson, Joe (SC), Gottheimer (NJ): Prohibits defense
appropriations from being distributed directly or indirectly to
the Badr Organization in Iraq. (10 minutes)
53. Jayapal (WA): Expresses a sense of Congress in support
of continued U.S. efforts to alleviate Afghanistan's
humanitarian crisis, restore central bank functionality, and
channel international reserves to restabilize Afghanistan's
economy. (10 minutes)
54. Phillips (MN): Requires the President to develop and
submit to the appropriate congressional committees a
comprehensive strategy to counter gray zone operations and
other hybrid warfare methods of foreign adversaries and
competitors and develop proactive efforts to put forth United
States interests to counter such operations and methods. (10
minutes)
55. Phillips (MN): Requires the Secretary of Defense to
conduct a study on the use and implementation of the authority
of section 1210A of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 9 Stat. 1626),
relating to Department of Defense support for stabilization
activities in national security interest of the United States.
(10 minutes)
56. Castor (FL), Escobar (TX): Requires that facility
construction plans for parking provide electric vehicle
charging capability for at least 15% of motor vehicles to be
parked at the facility. (10 minutes)
57. 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)
58. Strickland (WA): Directs the Department to collect data
on scholarship awards and ROTC program completion by gender,
race, and ethnicity. (10 minutes)
59. Jackson Lee (TX): Directs the Secretary of Defense to
establish a task force 180 days after enactment that will
report to the House and Senate Armed Services Committees and
make publicly available an annual report 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. The report shall provide information on the lessons
learned about the social, cultural, legal, and logistical
challenges faced, obstacles incurred, advances made, the impact
of integration on the warfighting capacity of the nation, and
what lessons the decision to integrate African Americans into
the military can be drawn today by policy makers charged with
the important and necessary work of binding up the nation's
wounds first inflicted with the governmental legalization and
tolerance of slavery in the United States. (10 minutes)
60. Soto (FL): Requires the medical personnel report
include demographic data on race, ethnicity, and gender
identity. (10 minutes)
61. Evans (PA), Brown (MD): Modifies the Department of
Defense's annual report on demographics of military service
academy applicants to identify disparities in demographic
categories and identify suspected causes of such disparities
within the application or nominating process. (10 minutes)
62. Tlaib (MI): Adds additional directions to ``Sec. 625.
Study and report on military installations with limited child
care'' that emphasizes the importance of addressing unique
challenges from base to base that shift based on the
population, such as a larger than average English as a second
language population. (10 minutes)
63. Moore (WI): Requires the Secretary of Defense to do a
study on the impact of military trauma and intimate partner
violence on maternal health outcomes. (10 minutes)
64. Johnson, Hank (GA), Lee, Barbara (CA), Cherfilus-
McCormick (FL), Norton (DC), Meng (NY): Requests a report from
the Office of the Secretary of Defense on efforts made by the
Department of Defense to increase recruitment marketing and
advertising with minority owned media outlets and advertising
agencies. (10 minutes)
65. Castro (TX): Limits contract authority with
entertainment-oriented media unless contract includes
provisions include consideration of diversity. (10 minutes)
66. Dingell (MI): Requires the Assistant Inspector General
for Diversity and Inclusion of the Department of Defense to
conduct an investigation into discrimination face by MENA
individuals in the military and submit a report to the
Committees on Armed Services. (10 minutes)
67. Malinowski (NJ), Eshoo (CA), Lofgren (CA), Porter (CA),
Khanna (CA): Prohibits federal agencies from encouraging the
weakening of encryption or insertion of backdoors on
commercially-available phones, computers, and devices. This
provision passed House in FY22 NDAA. (10 minutes)
68. Bergman (MI), Axne (IA), Bacon (NE), Bice (OK),
Bilirakis (FL), Bishop, Sanford (GA), Budd (NC), Cardenas (CA),
Clarke, Yvette (NY), Cloud (TX), Correa (CA), Craig (MN),
Crenshaw (TX), Curtis (UT), Doyle (PA), Escobar (TX), Espaillat
(NY), Fitzpatrick (PA), Fleischmann (TN), Gonzalez, Vicente
(TX), Gosar (AZ), Hartzler (MO), Jackson Lee (TX), Kelly, Trent
(MS), Kildee (MI), McMorris Rodgers (WA), Meijer (MI), Murphy,
Stephanie (FL), Phillips (MN), Reschenthaler (PA), Sherrill
(NJ), Slotkin (MI), Soto (FL), Steube (FL), Veasey (TX), Suozzi
(NY), Ruiz (CA), Van Drew (NJ), McKinley (WV), Waltz (FL),
Bourdeaux (GA), Demings (FL), Case (HI), Franklin (FL), Golden
(ME), Keller (PA), Mann (KS): Creates a cyber attack exception
under the Foreign Sovereign Immunities Act to protect U.S.
nationals against foreign state-sponsored cyber attacks. (10
minutes)
69. Horsford (NV), Speier (CA): Implements two five-year
Defense Health Agency telehealth pilot programs intended to
reduce HIV infection and unintended pregnancy. (10 minutes)
70. Gonzalez, Vicente (TX), Garcia, Sylvia (TX), Cuellar
(TX), Correa (CA): Requires the Department of Defense to
annually report to the House Armed Services Committee the
numbers of non-citizen service members, their immigration
status, and the annual naturalization numbers of those serving.
(10 minutes)
71. Jones, Mondaire (NY), Takano (CA), Lieu (CA), Kahele
(HI), Meng (NY), Chu (CA): Requires the Department of Defense
to submit a plan to assess, review, and provide recommendations
to address anti-Asian bias, discrimination, and harassment and
to implement the recommendations; and provides a sense of
Congress regarding the service of Asian Americans in the
Department of Defense. (10 minutes)
72. Aguilar (CA): Requires the Secretary of Defense to
establish a risk-based survey for greater oversight of schools
that participate in the Tuition Assistance program to ensure
service members receive high quality education, while being
consistent with the VA's accountability programs established in
the Isakson and Roe Veterans Health Care and Benefits
Improvement Act of 2020. (10 minutes)
73. 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)
74. Deutch (FL), Wilson, Joe (SC), Cicilline (RI), Lieu
(CA), Titus (NV), Malinowski (NJ), Gonzalez, Vicente (TX):
Provides for sanctions and aid related to the conflict in
Libya, requires the issuances of reports on foreign and Russian
activity in Libya, and expresses support for assistance to
Libya, including for Libyan and international refugees in
Libya, to support democracy in Libya, and to recover assets
stolen from the Libyan people. (10 minutes)
75. Maloney, Carolyn (NY): Prohibits new, extended, or
renewed federal contracts with contractors conducting business
operations in Russia during its war against Ukraine. Includes
reasonable exceptions, including for contractors making good
faith efforts to cease business operations in Russia. (10
minutes)
76. Spanberger (VA): Revises Section 1511 of the FY20 NDAA
to require notification to Chief of Mission prior to Department
of Defense Information Operations in their area of
responsibility. (10 minutes)
77. Khanna (CA), Sherman (CA), Schweikert (AZ): Expresses
the sense of Congress that a strong United States-India defense
partnership, rooted in shared democratic values, is critical in
order to advance United States interests in the Indo-Pacific
region. (10 minutes)
78. Auchincloss (MA): Directs DOD to report to Congress
within one year on how to establish a process for alerting
active and retired service members and their families about
exposure to Per- and Polyfluoroalkyl Substances (PFAS) on
military installations and the health risks they face as a
result. Requires the report to include recommendations on the
appropriate methods of notification. (10 minutes)
79. Levin, Andy (MI), Khanna (CA), Slotkin (MI): Requires
the Under Secretary of Defense for Acquisition and Sustainment
to submit a report to Congress on the progress of the
Department's implementation of on-site PFAS destruction
technologies not requiring incineration and extends the
moratorium on PFAS incineration enacted in the FY22 NDAA. (10
minutes)
80. Levin, Andy (MI), Khanna (CA): Amends Section 5803,
Expansion of Study of PFAS Expansion, to include schools
operated by the Department of Defense Education Activity to the
list of possible test locations and establishes at program at
the DoD to test for and remediate PFAS in drinking water at
schools operated by the Department of Defense Education
Activity. (10 minutes)
81. Speier (CA): Establishes a voluntary, opt-in pilot
program for the purpose of suicide prevention. (10 minutes)
82. Lynch (MA): Requires Secretary of Defense to develop a
plan, including eligibility criteria, regarding reimbursement
of service members and veterans who have expended personal
funds in support of evacuation of Afghan nationals who
previously supported military or reconstructions missions of
the U.S. in Afghanistan. (10 minutes)
83. Stauber (MN), Posey (FL), Duncan (SC), Murphy, Gregory
(NC), Graves, Garret (LA), Steube (FL), Issa (CA), Emmer (MN),
Fischbach (MN), Donalds (FL), Harshbarger (TN), Clyde (GA),
Bost (IL), Mast (FL): Requires the DOD to report every 60 days
on the number of religious and medical exemptions for the
COVID-19 vaccine requirement requested and denied, the reasons
for such denials, the number of members denied an exemption who
complied with the requirement, and the number of members denied
such an exemption who did not comply and were separated. (10
minutes)
84. Aguilar (CA): Requires all computer-based counseling
under Military Spouse Transition Program (MySTeP) to be in
English, Spanish, and Tagalog, including, the remaining 10 most
commonly spoken languages in the United States to increase
language accessibility for service members' spouses as they
transition into civilian life. (10 minutes)
85. Aguilar (CA): Requires the Secretary of Defense to
report to Congress on how services can incorporate EMT national
licensing into medic training to support newly transitioned
servicemembers in finding employment as EMTs. (10 minutes)
86. Auchincloss (MA): Directs the Comptroller General to
submit a report to the defense committees with its assessment
of a 2019 GAO study on contract financing and profit policies,
including an evaluation of the tools and authorities the
Department has available to ensure fair and reasonable pricing
of commercial products and services. (10 minutes)
87. Auchincloss (MA): Directs the DoD to partner with
innovative housing providers to construct multifamily housing
available for active servicemembers. (10 minutes)
88. Axne (IA), Timmons (SC): Inserts the text of the
Transition for Success Act (H.R. 4700), to expand the
SkillBridge program to allow National Guard members to
participate in the program. (10 minutes)
89. Bacon (NE): Provides a statement of policy that the
NATO Russia Founding Act of 1997 does not constrain the
deployment of United States or NATO forces in any way. (10
minutes)
90. Bacon (NE), Beyer (VA), Crow (CO): Requires that funds
for the Air Force Commercial Weather Data Pilot Program are
used only for piloting and demonstration of radio occultation
data for use in weather models. (10 minutes)
91. Banks (IN), Crenshaw (TX): Requires a report from the
Secretary of Defense on the treatment of China in Curricula of
Professional Military Education. (10 minutes)
92. Barr (KY): Requires a report on the efforts of the
American Institute in Taiwan to combat disinformation or
propaganda perpetuated by the Chinese Communist Party and
People's Republic of China. (10 minutes)
93. Barr (KY), Guthrie (KY), Comer (KY), Yarmuth (KY),
Rogers, Harold (KY): Requires a feasibility study on defense
needs at the Blue Grass Army Depot following demolition and
remediation of the Blue Grass Chemical Agent-Destruction Pilot
Plant. (10 minutes)
94. Barr (KY): Requires the Assistant Secretary of Defense
for Health Affairs to provide a plan for a pilot program to
screen for obstructive sleep apnea among persons going through
the accessions program. (10 minutes)
95. Bentz (OR), Hartzler (MO): Directs the Secretary of the
Air Force to submit to the defense committees a report on the
divestment of the F-15 aircraft, plans to procure covered F-15
aircraft, and plans of the Secretary to deviate from
procurement of new F-15EX aircraft. (10 minutes)
96. Beyer (VA), Garamendi (CA), Tlaib (MI): Lists an
unclassified Nuclear Posture Review and unclassified summary of
the Analysis of Alternatives for the SLCM-N as additional
required submission in Section 1634. (10 minutes)
97. Beyer (VA), Levin, Mike (CA): Requires the services to
each nominate 1-3 promising areas to implement digital twin
technology, a plan for doing so, and identifying any additional
funding required. (10 minutes)
98. Blumenauer (OR): Requires the Defense Logistics Agency
to conduct an electrification pilot program. (10 minutes)
99. Blunt Rochester (DE), Kuster (NH): Requires the
Secretary of Defense to submit a report on the scope of TRICARE
coverage of behavioral and mental health crisis services. (10
minutes)
100. Blunt Rochester (DE): Requires the Secretary of
Defense to update the registry and provider lists under
subsection (b) of section 717 of the National Defense
Authorization Act for FY 2016 and submit to Congress a report
on mental health provider readiness designations. (10 minutes)
101. Blunt Rochester (DE), Bilirakis (FL), Posey (FL),
Kuster (NH): Expands the space-available travel program to
allow certain disabled veterans to travel with caregivers or
dependents on certain aircrafts. (10 minutes)
102. Blunt Rochester (DE): Requires the Secretary of
Defense to conduct a study to identify health care provider
training gaps in screening and treating maternal mental health
conditions. Such study will assess health care provider
experience with and attitudes around treating pregnant and
postpartum women with mental and substance use disorders and
include training recommendations for these providers based on
identified training gaps. (10 minutes)
103. Bowman (NY): Requires a report on military recruitment
practices in public secondary schools. (10 minutes)
104. Bowman (NY): Grants the Secretary of Defense authority
to increase the inflation bonus pay above 2.4 percent for
servicemembers and DOD civilian employees who make $45,000 or
less annually in order to respond to the ongoing economic
impact of inflation (10 minutes)
105. Bowman (NY), DeFazio (OR): Requires public disclosure
about the cost of the United States overseas military
footprint. (10 minutes)
106. Brown, Shontel (OH), Bustos (IL), Ryan (OH), Kinzinger
(IL), Carey, Mike (OH), Kaptur (OH): Requires American flags
acquired by the DoD to be American made. (10 minutes)
107. Brown, Shontel (OH), Kuster (NH): Requires the
Secretary of Defense to submit to Congress a report on the
simultaneous presence of a mental health condition or substance
use disorder and a metabolic disease among members of the Armed
Forces serving on active duty. (10 minutes)
108. Brownley (CA): Authorizes $60 million for procurement
of the Modular Airborne Firefighting System (MAFFS), funds
sufficient to complete acquisition of the remaining units,
which will support nation-wide MAFFS capabilities. Offset from
Defense-wide O&M, Office of the Secretary of Defense. (10
minutes)
109. Buchanan (FL): Requires a GAO study to determine the
feasibility of utilizing black box data recorders in tactical
vehicles. (10 minutes)
110. Buchanan (FL), Kuster (NH): Requires the Department of
Defense to maintain prescription drop boxes on all armed forces
installations to allow for disposal of unused and extra
prescription drugs. (10 minutes)
111. Buchanan (FL): Requires the Department of Defense to
study and produce a report to Congress on the accessibility of
mental health care providers on military installations, the
accessibility of inpatient services for mental health care for
service members and steps that may be taken to improve such
accessibility. (10 minutes)
112. Buck (CO): Recognizes the honorable service of
Corporal Gary Cyr and requests the United States Army revisit
its decision regarding the awarding of Corporal Cyr with the
Bronze Star, consideration of which was discontinued due to the
10th Pathfinder Detachment being deactivated before the award
referral process could be completed. (10 minutes)
113. Budd (NC): Renames the Troops-to-Teachers program the
Veterans-to-Classrooms program. Expands the types of eligible
positions within schools veterans can use the program to
become, expands the amount of schools that can participate, and
increases both the dollar amounts and supply of stipends for
participating veterans. (10 minutes)
114. Burgess (TX): Requires the Secretary of Defense to
report to Congress every 6 months on the DoD plan for
responding to Russia's invasion of Ukraine. (10 minutes)
115. Bush, Cori (MO): Studies the amount of funding
provided to defense contractors for procuring replacement
stocks of covered systems for the United States in Ukraine. (10
minutes)
116. Bush, Cori (MO), Newman (IL), Barragan (CA): Includes
wave and tidal power as covered technologies for prototype and
demonstration projects for energy resilience at certain
military installations. (10 minutes)
117. Bush, Cori (MO): Requires a study on environmental
contamination and cleanup associated with Thorium-230 and
related substances from military development, transportation,
and storage; including in the area surrounding Coldwater Creek
in St. Louis, MO. (10 minutes)
118. Bustos (IL), Balderson (OH), Axne (IA), Courtney (CT),
Schakowsky (IL), Cohen (TN): Expresses that it is the sense of
Congress that women who served in the Cadet Nurse Corps
honorably stepped up for their country during its time of need
in World War II, significantly contributing to the war effort
and the safety and security of the Nation. (10 minutes)
119. Carbajal (CA), Herrera Beutler (WA): Prohibits the
Executive Office of the President, Department of Defense, and
State Department (excluding embassies) from displaying flowers
unless grown domestically or in a US territory. Makes an
exemption for personal display and gifts from other countries.
(10 minutes)
120. Carbajal (CA), Gonzales, Tony (TX), Kuster (NH):
Instructs the Department of Defense to assess the availability
of local infant and early childhood mental health services on
or near military installations, requires a review of best
practices, and authorizes a workforce development curriculum
with the purpose of improving the quality and availability of
mental health services for children and infants of military
families. (10 minutes)
121. Cardenas (CA), Sherman (CA), Schiff (CA), Bilirakis
(FL), Pallone (NJ), Valadao (CA), Lofgren (CA), Levin, Andy
(MI), Chu (CA), Lieu (CA), Tlaib (MI), Speier (CA), Sanchez
(CA), Eshoo (CA), Cicilline (RI), Langevin (RI), Lawrence (MI),
Slotkin (MI), Krishnamoorthi (IL), Titus (NV): Creates a report
on Azerbaijan's activities in Nagorno Karabakh in 2020 to be
submitted to Congress by the Secretary of Defense in
consultation with the Secretary of State. (10 minutes)
122. Carson (IN), Eshoo (CA), McKinley (WV): Increases
Defense Health Program Research and Development funding by $5
million for the purpose of early detective initiatives for the
Pancreatic Cancer Research Program, offset by a reduction to
Defense Human Resources Activity. (10 minutes)
123. Case (HI), Kahele (HI): Requires the Sec. of Defense
to provide to Congress a briefing about Guam and the Northern
Mariana Islands that includes the future military construction
requirements based on emerging threats in the region, ongoing
relocations of members of the Armed Forces, and the total
amount of funds obligated or expended from amounts. (10
minutes)
124. Case (HI), Kahele (HI): Develop and implement a
community engagement capability to identify and strengthen the
ties between the military and the local community and develop a
more centralized intake point or mechanism with better
coordination for various community engagement initiatives, and
establishes this capability and a mandatory report from the
Commander, Indo-Pacific Command to the defense committees. (10
minutes)
125. Case (HI), Kahele (HI): Require a GAO study that
reviews prioritization of military construction, maintenance,
and upgrades of joint base infrastructure and facilities, with
a particular focus on facilities belonging to subordinate
services relative to the lead service on joint bases. (10
minutes)
126. Case (HI), Kahele (HI): Requires a report on
Department of Defense plans to identify, standardize, and
coordinate best practices with respect to consultation and
engagement with the Native Hawaiian community. (10 minutes)
127. Case (HI), Kahele (HI): Requires the Sec. of Defense
to report to Congress on the survey of underground tunnels and
facilities on Department of Defense property located in Hawaii
and review of possible military applications. (10 minutes)
128. Case (HI), Kahele (HI), Radewagen (AS), Titus (NV):
Requires Sec. of Defense to brief Congressional committees on
the role of the Department in the renegotiations of the
Compacts with the Freely Associated States and opportunities to
expand its support for the negotiations. (10 minutes)
129. Case (HI), Kahele (HI), Kilmer (WA), Luria (VA),
Wittman (VA): Directs the Navy to enter into an agreement with
a Federally Funded Research and Development Center to study
ways to improve the Shipyard Infrastructure Optimization
Program's efforts to optimize facilities and replace outdated
equipment. (10 minutes)
130. Case (HI), Kahele (HI), Kilmer (WA), Wittman (VA):
Requires the military to send additional information to
Congress and the Director of Cost Assessment and Program
Evaluation to conduct or approve independent cost estimates, to
include the plan to manage the supervision, inspection and
overhead for projects in excess of $500,000,000. (10 minutes)
131. Case (HI), Kahele (HI): Directs an OSD report on the
community engagement activities at military installations
abroad. (10 minutes)
132. Castro (TX): Revises the payment process for certain
civilians who receive treatment at military medical treatment
facilities (MMTF) by creating a modified payment plan and
directs the Defense Secretary to waive certain fees. (10
minutes)
133. Chabot (OH), Wenstrup (OH): Increases funding levels
for ``Advanced Above Water Sensors'' by $24.004 million to
ensure that the SPEIR program maintains program objectives and
procurement schedules. (10 minutes)
134. Chabot (OH), Wenstrup (OH): Requests the Department of
the Navy provide a briefing within 180 days of enactment to
relevant committees on an assessment, including cost, of
fielding SPEIR on all surface combatant vessels. (10 minutes)
135. Cohen (TN), Huffman (CA), Lowenthal (CA), Barragan
(CA), Moore (WI), Kaptur (OH), Cleaver (MO), Larsen, Rick (WA),
Ryan (OH), Wild (PA), Williams (GA): Requires the GAO to study
how the DoD is currently limiting single-use plastics and
identify barriers to further reduction. (10 minutes)
136. Cooper (TN), Lamborn (CO): Increases amount authorized
to be appropriated in section 3101 for the National Nuclear
Security Administration, as specified in the corresponding
funding table in section 4701, for Stockpile Major
Modernization, W80-4 Life Extension Program by $5,000,000. (10
minutes)
137. Courtney (CT), Case (HI), Kilmer (WA), Norcross (NJ),
Wittman (VA), Scott, Bobby (VA), Pingree (ME), Luria (VA):
Directs a GAO review of the parity between the Federal Wage
System and the prevailing wage rate for wage grade workers who
maintain, repair, or help support those who maintain or repair
US Navy ships or submarines at the four US Navy public
shipyards or at naval bases in competitive job markets. (10
minutes)
138. Craig (MN), Craig (MN), Kuster (NH): Increases funding
for Army Community Services to provide additional mental health
services to service members. (10 minutes)
139. Crawford (AR): Requires a report from the Commandant
of the Marine Corps on the Littoral Explosive Ordnance
Neutralization program. (10 minutes)
140. Crenshaw (TX): Enables military recruiting to expand
online marketing to potential recruits through better targeting
and feedback based on online activity. (10 minutes)
141. Crenshaw (TX): Instructs the SECDEF to prescribe
regulations to allow Service Members eligible for medical
retirement due to a line of duty injury while receiving hostile
fire/imminent danger pay to continue serving and complete time
requirements for a full 20-year retirement. (10 minutes)
142. Crow (CO), Garamendi (CA), Carbajal (CA): Amends the
FY22 NDAA to authorize the Colorado National Guard's FireGuard
Program through 2026, and prohibits any component of the
FireGuard program from being transferred from DOD to any other
department or agency. (10 minutes)
143. 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)
144. Deutch (FL), Wilson, Joe (SC), Cicilline (RI),
Malinowski (NJ), Titus (NV), Gonzalez, Vicente (TX), Lieu (CA):
Requires State and DoD to report annually on a defense and
diplomatic strategy for Libya, including on matters related to
progress toward a political settlement, influence of foreign
actors, root causes of migration, and stabilization operations.
(10 minutes)
145. Duncan (SC), Wilson, Joe (SC): Requires National
Nuclear Security Administration report options for partnering
with private industry to mitigate supply chain risks related to
the production and integration of pit plutonium production
glove boxes. (10 minutes)
146. Ellzey, Jake (TX), Fallon (TX), Jackson, Ronny (TX):
Requires the Secretary of Defense and the Secretary of Veterans
Affairs to jointly submit, annually, not later than January 1,
to the appropriate congressional committees a report on members
of the Armed Forces who file claims for disability benefits.
Details the data elements required to be jointly reported by
Secretary of Defense and the Secretary of Veterans Affairs. (10
minutes)
147. Escobar (TX): Ensures internships and fellowships are
included in the recommendations to be submitted to Congress on
the modification or expansion of workforce development programs
of the Department that will be used to increase the proportion
of the workforce hired from historically Black colleges and
universities and other minority serving institutions. (10
minutes)
148. Escobar (TX), Castor (FL): Directs the Secretary to
conduct a study of military housing resilience and energy
efficiency. Assesses compliance with the Unified Facilities
Criteria for Housing and with the latest published editions of
relevant codes, specifications, and standards that incorporate
the latest hazard-resistant and energy-efficient designs and
establish minimum acceptable criteria for the design,
construction, and maintenance of residential structures. (10
minutes)
149. Escobar (TX), Castor (FL): Directs the Secretary to
assess deficiencies and rehabilitate repair, or retrofit as
needed all facilities in the Military Health System; including
military hospitals/inpatient facilities, military ambulatory
care, occupational health facilities, and research facilities
to ensure health, safety, energy security, and resilience in
compliance with the latest published editions of relevant
codes, specifications, and standards that incorporate the
latest hazard-resistant and energy-efficient designs and
establish minimum acceptable criteria for the design,
construction, and maintenance of facilities. The study shall
identify needed updates to the UFC to ensure it comports with
the latest published editions of relevant codes,
specifications, and standards that incorporate the latest
hazard-resistant and energy-efficient designs. (10 minutes)
150. Feenstra (IA), Bustos (IL), Miller-Meeks (IA), Axne
(IA): Establishes a vehicle research, development and
demonstration program for a commercially viable fuel cell
system that uses biofuel at the Department of Defense. (10
minutes)
151. Feenstra (IA), Axne (IA): Establishes a Research,
Development, Test, and Evaluation Program to look into
technology-based solutions to weather radar issues created by
obstructions. (10 minutes)
152. Fleischmann (TN): Requires the Secretary of Defense to
conduct a review of the carbon fiber requirements necessary for
current and future weapon system production and sustainment,
and the review would include an examination of domestic access
and a review of advancements in the industry. (10 minutes)
153. Foxx (NC), Speier (CA): Requires the Department of
Defense to consult with stakeholders to develop guidelines for
the acquisition of intellectual property (e.g., technological
processes), to include model forms and definitions of key
terms. (10 minutes)
154. Franklin (FL), Pfluger (TX): Prohibits the CCP from
participating in RIMPAC until they cease human rights
violations within China. (10 minutes)
155. Franklin (FL), Posey (FL): Increases funding for the
strategic Rare Earth Natural Resource stockpile. (10 minutes)
156. Gallagher (WI), Gallego (AZ): Establishes a secure
system for receiving reports of events, programs, or activities
relating to unidentified aerial phenomena. (10 minutes)
157. Gallagher (WI): Amends Sec. 503(a) of title 10 to
modify privacy safeguards surrounding the collection of
Personally Identifiable Information (PII) in the course of
military recruiting. (10 minutes)
158. Garamendi (CA), Norcross (NJ): Requires DoD to provide
standardized rules and transparency for base access for persons
with valid reasons for entry. (10 minutes)
159. Garamendi (CA), Norcross (NJ): Requires DoD to
standardize procedures for all personnel who require valid base
access. (10 minutes)
160. Garamendi (CA), Beyer (VA), Larsen, Rick (WA):
Requires the Comptroller General to conduct a review of DOD
offensive hypersonic weapons programs. (10 minutes)
161. Garbarino (NY): Directs the Deputy Assistant Secretary
of Defense for Environment and Energy Resilience to provide the
House Armed Services Committee with a briefing on the use, and
potential use, by the Department of recycled and recyclable
rubber products, including an assessment of the utility of such
use. (10 minutes)
162. Golden (ME), Meijer (MI): Requires the Secretary of
Defense to provide an initial psychological evaluation to
members of the Armed Services who served at Hamid Karzai
International Airport in Kabul, Afghanistan between August 15,
2021 and August 29, 2021 and who have not already received a
psychological evaluation with respect to such service. (10
minutes)
163. Gomez (CA), Chu (CA), Takano (CA), Vargas (CA), Steel,
Michelle (CA), Gottheimer (NJ), Lofgren (CA), Carson (IN),
Norton (DC), Maloney, Carolyn (NY), Schakowsky (IL), Meng (NY),
Beyer (VA), San Nicolas (GU), Pascrell (NJ), Cohen (TN), Watson
Coleman (NJ), Krishnamoorthi (IL), Lieu (CA), Lee, Barbara
(CA), Fitzpatrick (PA), Case (HI), Sanchez (CA), Titus (NV),
Bonamici (OR), Kim, Young (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)
164. Gonzalez-Colon, Jenniffer (PR): Directs the Secretary
of Army to ensure that a modular small arms range is made
available for the Army Reserve in Puerto Rico. (10 minutes)
165. Gonzalez-Colon, Jenniffer (PR): Requires Department of
Defense to enter into an agreement with the National Academy of
Sciences to identify whether any scientific evidence exists
linking exposure to Department of Defense activities with
adverse health outcomes, like cancer, on the island of Vieques.
(10 minutes)
166. Gonzalez-Colon, Jenniffer (PR): Directs the Director
of the Defense Health Agency to conduct a health-related
behaviors survey among the members of the Armed Forces. (10
minutes)
167. Gottheimer (NJ), Upton (MI): Increases the National
Defense Education Program by $5 million to strengthen and
expand STEM education opportunities and workforce initiatives
targeted at military students. (10 minutes)
168. Gottheimer (NJ), Wild (PA), Bacon (NE), Trone (MD),
Suozzi (NY): Requires each military service to report on all
substantiated administrative investigations or instances of
antisemitism within the Equal Opportunity Program. (10 minutes)
169. Gottheimer (NJ): Requires the Secretary of Defense, in
coordination with the Secretary of State, 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)
170. Gottheimer (NJ): Requires the Under Secretary of
Defense for Personnel and Readiness to prepare an annual report
to Congress about analysis of the nationwide costs of living
for members of the Department of Defense. (10 minutes)
171. Gottheimer (NJ), Salazar (FL), Malliotakis (NY):
Increases the DoD SkillBridge Program by $5 million, funds will
be specifically used for employers to train service members
transitioning to civilian life for supply chain and
transportation related employment. (10 minutes)
172. Gottheimer (NJ), Fitzpatrick (PA), Slotkin (MI):
Increases the DoD SkillBridge Program by $5 million, funds will
be specifically used for law enforcement agencies to implement
hiring programs for members of the military transitioning from
service in the Armed Forces. (10 minutes)
173. Gottheimer (NJ): Increases the number of service
academy nominees to the United States Military Academy for each
Senator or Member of Congress from ten to fifteen and increases
the number of qualified alternates from 150 to 200. (10
minutes)
174. Graves, Garret (LA): Adds eligibility for the Vietnam
Service Medal for veterans who participated in Operation End
Sweep. (10 minutes)
175. Green, Mark (TN), Panetta (CA): Directs the Commander
of U.S. Army Special Operations Command to establish a training
program between the Army Special Operations Forces of the
United States and Poland. This training program will be named
in honor of Polish-American Revolutionary War hero General
Thaddeus Kosciuszko. (10 minutes)
176. Guest (MS): Prohibits divestiture of any Tactical
Control Party specialist force structure from the Air National
Guard until the Chief of the National Guard Bureau provides a
report to the congressional defense committees describing the
capability gaps caused by such divestiture and its impact on
the Department of Defense to execute the National Defense
Strategy, as well as the impacts on the Army National Guard's
operational capabilities. (10 minutes)
177. Hayes (CT), Jacobs, Sara (CA), Larson, John (CT),
Speier (CA), Waltz (FL), Panetta (CA), Slotkin (MI): Requires
the military departments to review all installation-level web
information about suicide prevention and behavioral health and
ensure that contact information is up to date, certifying this
annually to Congress. (10 minutes)
178. Himes (CT), Krishnamoorthi (IL), Stewart (UT):
Requires a report to be summitted to Congressional defense
committees on best practices to determine how to track and
monitor United States defense articles and defense services
made available to Ukraine. Within 180 days from the submission
of the report, the best practices and recommendations
identified in such report shall be implemented. (10 minutes)
179. Horsford (NV): Requires a report from the Secretary of
Defense on hyperspectral satellite technology. (10 minutes)
180. Horsford (NV), Fallon (TX): Authorizes a $25 million
increase for Counter-Unmanned Aerial Systems (C-UAS) Palatized-
High Energy Laser (P-HEL) to increase the number of deliverable
units and accelerate product fielding. (10 minutes)
181. Houlahan (PA), Fallon (TX), Banks (IN): Directs the
Secretary of Defense to carry out a pilot program to accelerate
the development of advanced technology for national security by
creating incentives or trusted private capital in domestic
small businesses or nontraditional businesses that are
developing technology that the Secretary considers necessary to
support the modernization of the Department of Defense. (10
minutes)
182. Houlahan (PA), Bice (OK), Bacon (NE): Requires the
Under Secretary of Defense for Acquisition and Sustainment to
submit a report describing strategic and critical materials
requirements of the Department of Defense, including the gaps
and vulnerabilities in supply chains of such materials. (10
minutes)
183. Houlahan (PA), Gallagher (WI), Turner (OH), Garbarino
(NY), Miller-Meeks (IA), Golden (ME), Slotkin (MI): Directs the
Secretary of Defense to establish a program to provide
financial support for pursuit of programs of education at
institutions of higher education that have been designated as a
Center of Academic Excellence in Cyber Education. Recipients of
the financial support will incur a post-award employment
obligation for a period equal to the length of the scholarship
in a cyber or digital technology relation mission of the
Department of Defense. (10 minutes)
184. Houlahan (PA): Requires the Secretary of Defense to
establish a Hacking for National Security and Public Service
Innovation Program within the National Security Innovation
Network. (10 minutes)
185. Hudson (NC), Adams (NC): Authorizes a $5 million
increase in funding to support the development of procedures
and tools to prevent infections in Servicemembers who
experience a severe bone fracture. (10 minutes)
186. Hudson (NC), Adams (NC): Authorizes a $5 million
increase in funding to support the advancement of research into
the effects of head-supported mass on cervical spine health.
(10 minutes)
187. Issa (CA), Peters (CA), Vargas (CA), Jacobs, Sara
(CA), Levin, Mike (CA), Johnson, Dusty (SD): Authorizes the
President to award the Medal of Honor to E. Royce Williams for
acts of valor beyond the call of duty during the Korean War on
November 18, 1952, while a member of the US Navy. (10 minutes)
188. Jackson Lee (TX): Directs Secretary to submit to
Congress within 180 days a report on the recognition of African
Americans who have served in the Armed Forces in DOD naming
practices and conventions for military installations,
infrastructure, vessels, and weapon systems. (10 minutes)
189. Jackson Lee (TX): Requires report to be submitted by
the Secretary of Defense within 220 days following enactment on
Capacity to Provide Disaster Survivors with Emergency Short
Term Housing. (10 minutes)
190. Jackson Lee (TX): Requires 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)
191. Jackson Lee (TX): Provides authorization for an
additional $2.5 million increase in funding to combat post-
traumatic stress disorder (PTSD). (10 minutes)
192. Jackson Lee (TX): Requires 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)
193. Jackson Lee (TX): Condemns the actions of Boko Haram
and directs that the Secretary of State, in consultation with
the Secretary of Defense and the Attorney General, submit a
report on efforts to combat Boko Haram. (10 minutes)
194. Jackson Lee (TX): Provides authorization for a $10
million increase in funding for increased collaboration between
the DoD Office of Health and the National Institutes of Health
to research and combat Triple Negative Breast Cancer. (10
minutes)
195. Jackson Lee (TX): Requires the Secretary of Defense to
audit current practices regarding administration of sexual
harassment claims and submit a report no later 180 days after
passage detailing efforts to prevent sexual harassment and
protect service-members, and compiling data and research on
sexual harassment prevalence in the military, cases reported,
legal proceedings, and convictions. (10 minutes)
196. Jackson Lee (TX): Directs the Secretary of Defense to
report to Congress in not less than 180 days the actions taken
to protect U.S. armed service personnel from armed attacks
conducted by militants and terrorists in pursuit of bounties
and inducements the agencies, organizations, or entities
aligned with the Russian Federation. (10 minutes)
197. Jackson Lee (TX): Requires the Secretary of the Navy,
not later than 180 days after the date of the enactment of this
Act, to submit to the congressional defense committees a report
on desalinization technology's application for defense and
national security purposes to provide drought relief to areas
impacted by sharp declines in water resources. (10 minutes)
198. Jackson Lee (TX): Requires the Chief of the National
Guard Bureau, in coordination with the Secretary of Defense, to
submit to the congressional defense committees and other
entities in 2023, 2024, and 2025 a report identifying the
personnel, training, and equipment required by the non-
federalized National Guard to prevent, mitigate, respond to,
and recover from natural and man-made disasters. (10 minutes)
199. 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)
200. Jackson, Ronny (TX), Panetta (CA): Modifies the
requirements for NNSA to no longer require a line item
authorization from Congress prior to conducting Phase 1. (10
minutes)
201. Jacobs, Sara (CA), Crow (CO): Requires a report on the
processes the Department of Defense uses to assess, monitor,
and evaluate programs and activities under Section 127e and
Section 1202. (10 minutes)
202. Jacobs, Sara (CA): Requires the Secretary of Defense,
in coordination with the Secretary of State, to submit a report
outlining the process by which chief of mission concurrence is
obtained for clandestine activities under Section 127f. (10
minutes)
203. Jayapal (WA), Schakowsky (IL): Authorizes the
Department of Defense to engage in public manufacturing of
insulin to meet the needs of military health programs. (10
minutes)
204. Jayapal (WA), Blumenauer (OR): Directs the Defense
Department to provide a report on a risk assessment regarding
likelihood of use of a nuclear weapon as a result of Russia's
invasion of Ukraine and whether such risk increases as the war
continues. (10 minutes)
205. Jayapal (WA): Directs the Defense Department to
provide a report on distribution and use of U.S. weaponry
provided to Ukraine, including compliance with relevant laws
and its efforts to prevent such arms from being sold on the
black market or obtained by extremist groups. (10 minutes)
206. Johnson, Dusty (SD): Modifies the DoD Impact Aid Large
Scale Rebasing Program to increase the change in enrollment to
500 students between FY23-28, include projected enrollment
growth per a signed record of decision, require at least 20
percent of enrolled students to be military dependents, and
revise the maximum disbursement to a school district to $15
million. (10 minutes)
207. Jones, Mondaire (NY): Directs the Military Departments
to establish operational energy programs that promote cost
savings, enhance readiness, and reduce energy-related strategic
vulnerabilities. (10 minutes)
208. Joyce, David (OH), Clyde (GA): Requires the Department
of Defense to submit to Congress a plan to lessen the United
States' dependence on rubber developed in foreign nations,
including hostile actors like China, and to develop a
consistent domestic supply of the material. (10 minutes)
209. Kelly, Robin (IL), Gonzales, Tony (TX), Slotkin (MI):
Establishes a pilot program providing eligible military spouses
with a spouse-specific Training Assistance Program focusing on
employment services, offering guidance on available health care
resources, and training in mental health first aid to learn
crisis management strategies. (10 minutes)
210. Khanna (CA): Authorizes the Department of Defense to
use Operations and Maintenance funds to remove munitions and
explosives of concern from U.S. military installations in Guam.
Requires a report from the Secretary of Defense within 180 days
of enactment of this Act indicating the amounts necessary to
conduct removal of munitions and explosives of concern from
military installations in Guam. (10 minutes)
211. Khanna (CA): Adds additional reporting requirements to
the ``Middle East Integrated Air and Missile Defense'' report
required by Sec 1645 including an assessment of the overall
costs to taxpayers of United States support for establishing
and sustaining such an architecture over the next five and ten
year periods. (10 minutes)
212. Kildee (MI): Expresses a Sense of Congress that the
Secretary of Defense should establishes clear and consistent
definitions of key terms for use in reporting budgetary and
financial information related to enlisted personnel
subsistence. (10 minutes)
213. Kildee (MI): Expresses a Sense of Congress that
continued efforts are needed to address weaknesses identified
in DOD's financial statement audits. (10 minutes)
214. Kildee (MI), O'Halleran (AZ): Expresses a Sense of
Congress that the Deputy Chief Financial Officer should ensure
that DOD designate all representatives to the Fraud Reduction
Task Force as quickly as possible. (10 minutes)
215. Kilmer (WA): Directs the Navy to coordinate with the
Department of Transportation and public shipyards to improve
participation in and access to the Federal Transportation
Incentive Program. (10 minutes)
216. Kinzinger (IL), Axne (IA): Provides that the Secretary
of the Air Force, in coordination with Director of the Air
National Guard, shall maintain a fleet of fixed wing, manned
ISR/IAA aircraft to conduct operations (10 minutes)
217. Kirkpatrick (AZ), Wittman (VA), Lesko (AZ): Increases
funding for UH 60 Main Engine Generators with an offset from
Army O&M Other Service Support. (10 minutes)
218. Kirkpatrick (AZ), Gallego (AZ), DesJarlais (TN), Lesko
(AZ), Bacon (NE): Directs the Secretary of the Army to issue a
report on the potential for increased utilization of the
Electronic Proving Grounds testing range located at Ft.
Huachuca in Sierra Vista, Arizona. (10 minutes)
219. Kuster (NH): Directs the Joint Committee on Military
Justice to submit a report on how the Uniform Code of Military
Justice's definition of ``consent,'' as it pertains to
incidents of sexual assault and misconduct, can be enhanced and
clarified. (10 minutes)
220. Langevin (RI), Foster (IL), Garamendi (CA), Larsen,
Rick (WA): Provides $20,000,000 in funding for the continued
research and development of advanced naval nuclear fuel systems
based on low-enriched uranium. (10 minutes)
221. Larsen, Rick (WA): Amends Section 4801(1) of title 10,
United States Code, by inserting ``New Zealand,'' after
``Australia,''. (10 minutes)
222. Larsen, Rick (WA), LaHood (IL): Requests Secretary of
Defense provide a robust analysis on the developments of the
Space Systems Department and the Network Systems Department of
Strategic Support Force of China by March 1, 2023. (10 minutes)
223. Larsen, Rick (WA), Langevin (RI), Bacon (NE): Requires
Secretary of Defense provide an unclassified version of the
Electromagnetic Spectrum Superiority Strategy in all future
updates of the plan; strengthen senior operational leadership;
and provide coherent response to address persistent gaps in
joint electromagnetic spectrum operations. (10 minutes)
224. Lawrence (MI): Adds wireless charging as an electric
vehicle charging technology and defines wireless charging. (10
minutes)
225. Lawrence (MI), Gonzalez-Colon, Jenniffer (PR), Dean
(PA), McBath (GA): 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)
226. Lawrence (MI), Gonzalez-Colon, Jenniffer (PR), Dean
(PA), McBath (GA), Cammack, Kat (FL): Requires the Secretary of
Defense to submit a report to Congress evaluating programs
aimed at increasing the recruitment of women for military
service and provide recommendations to increase the recruitment
of women in the armed services. (10 minutes)
227. Lawrence (MI), Gonzalez-Colon, Jenniffer (PR), Dean
(PA), McBath (GA), Cammack, Kat (FL): Requires the Secretary of
Defense to report to Congress a summary of efforts to support
pregnant service members and recommendations to improve support
for pregnant service members. (10 minutes)
228. Lee, Susie (NV), Fitzpatrick (PA): Directs the
Secretary of Defense to report to Congress on coordination,
data sharing, and evaluation efforts to improve suicide
prevention practices across federal agencies. (10 minutes)
229. Lee, Susie (NV), Fitzpatrick (PA): Directs the
Secretary of Defense to brief Congress on the state of housing
for junior members of the Armed Services and on plans to better
support these servicemembers in securing affordable, productive
living situations. (10 minutes)
230. Leger Fernandez (NM): Extends the deadline for the
Secretary of Energy to clean up and convey certain parcels of
land previously identified for transfer around Los Alamos
National Laboratory in New Mexico. (10 minutes)
231. Levin, Mike (CA), Arrington (TX): Adds and makes
technical changes to DoD Transition Assistance Program (TAP)
counseling pathway factors. (10 minutes)
232. Lieu (CA): Expresses the sense of Congress that the
Army's ongoing research effort related to working dogs
detecting infectious diseases, including COVID-19, is showing
promising results and should continue to receive funding. (10
minutes)
233. Luria (VA): Requires the Secretary of the Navy to
submit a report on the cost and feasibility of a 2- and 3-year
advanced procurement strategy for the next 2 Ford-class
carriers. The report would also analyze the benefits of a two-
carrier buy instead of single carrier procurement. (10 minutes)
234. Luria (VA): Require SECNAV to report to Congress on
the service's Multiple Award Contract-Multi Order strategy.
This report would focus on how the Service identifies lessons
learned, how they are incorporated, an assessment of continuing
ship availability delays, and current perform-to-plan metrics.
(10 minutes)
235. Lynch (MA), Bacon (NE): Clarifies that the DOD has the
authority to solicit gifts to be used by the Defense POW/MIA
Accounting Agency (DPAA) to expand its capability in accounting
for persons missing from designated past conflicts. The DOD
currently is authorized to accept, but not solicit, gifts such
as personal property, services, and funds in support of the
DPAA's mission. (10 minutes)
236. Lynch (MA): Reauthorizes the Commission on Wartime
Contracting to conduct oversight of U.S. contracting and
reconstruction efforts in Afghanistan and other areas of
contingency operations. (10 minutes)
237. Lynch (MA): Requires Secretary of Defense, in
consultation with Secretary of Veterans Affairs, to establish
Interagency Task Force on Financial Fraud to identify, prevent,
and combat financial fraud targeting service members, veterans,
and military families. (10 minutes)
238. Mace (SC), Carson (IN): Establishes a pilot program to
improve military readiness through nutrition and wellness
initiatives. (10 minutes)
239. Mace (SC): Amends Sec. 133 for Requirements of the
Study and Acquisition Strategy for the Combat Search and Rescue
Mission of the Air Force to include electric short take-off and
landing with the assessment of key current, emerging, and
future technologies. (10 minutes)
240. Malinowski (NJ): Requires a report from the State
Department and other agencies on the disruption of democracy
and support for authoritarian leaders in the CENTCOM and
AFRICOM area of responsibility by certain foreign governments.
(10 minutes)
241. Manning (NC): Permits the Secretary of Defense to
consult with the President's Board of Advisors on HBCUs in
designing the pilot program to increase the research activity
status of HBCUs. (10 minutes)
242. Manning (NC): Ensures that the Department of Defense
American Sustainable Battery Production Technologies Program
takes into consideration the potential military applications of
battery technologies developed with U.S. Department of Energy
grants. (10 minutes)
243. Manning (NC): Includes goods containing materials made
with forced labor from the Xinjiang Uyghur Autonomous Region
(XUAR) in the prohibition on the sale of Chinese goods in
commissary stores and military exchanges. (10 minutes)
244. Manning (NC): Adds Army Heavy Tactical Wheeled
Vehicles to the pilot program for tactical vehicle safety data
collection. (10 minutes)
245. Manning (NC): Clarifies that parents of children at
Department of Defense Education Activity (DoDEA) schools have
the right to be informed of the results of drinking water
testing at school facilities. (10 minutes)
246. McBath (GA), Kaptur (OH): Requires GAO to submit to
Congress a report on initiatives of the Department of Defense
to source locally and regionally produced foods for consumption
or distribution at installations of the Department of Defense.
(10 minutes)
247. McCaul (TX), Crenshaw (TX): Requires a report on DoD
efforts to increase competitive opportunities for innovative
companies to partner with DoD in developing end items of
critical technologies in support of the defense industrial
base. (10 minutes)
248. McGovern (MA), Reschenthaler (PA), Hayes (CT), Lynch
(MA), Adams (NC), Jacobs, Sara (CA), Issa (CA): Requires the
Department of Defense, in coordination with USDA, to collect
data on food insecurity and usage of federal anti-hunger
programs among active duty servicemembers and their families,
and to report to Congress on their findings. The amendment also
requires DOD to train and designate a point person at military
installations on where to refer servicemembers seeking food
assistance. (10 minutes)
249. McMorris Rodgers (WA): Changes the way the Soldier's
Medal affects military retirement pay. (10 minutes)
250. Meeks (NY), McCaul (TX): Provides for the State
Department's concurrence and involvement in appropriate areas.
(10 minutes)
251. Meeks (NY), Jacobs, Sara (CA): Requires a report to
Congress on processes related to State Department Chief of
Mission concurrence for ongoing programs under existing
statutory authorities. (10 minutes)
252. Meeks (NY): Requires the Department of State, in
coordination with the Department of Defense, to submit to
relevant committees a feasibility study on United States
support for and participation in the International
Counterterrorism Academy in Cote d'Ivoire (AILCT). (10 minutes)
253. Miller (WV): Recognizes AITEC (Army Interagency
Training and Education Center). This joint activity leads the
National Guard Bureau in chemical, biological, radiological,
nuclear, and high-yield explosives and critical infrastructure
protection training. (10 minutes)
254. Miller (WV): Directs the Department of Defense to
create a memorial to the 13 service members who lost their
lives at the Hamid Karzai International Airport. Updates
previous language that was signed into law from ``may'' to
``shall'' and specifies that the process must begin within one
year. (10 minutes)
255. Moore (WI): Requires GAO to review the breast cancer
screening and treatment efforts of the Defense Department and
DoD, with an emphasis on how well they serve women with dense
breasts. The GAO would examine whether costs for additional
needed breast cancer diagnosis screening remains a barrier for
those with dense breast tissue and if the Department's policies
are based on the best science, among other provisions. (10
minutes)
256. Moore (WI): Requires Secretary of Defense to
disseminate guidance provided by TRICARE on healthy
relationships and routine assessment on intimate partner
violence. (10 minutes)
257. Morelle (NY), DesJarlais (TN), Foster (IL), Lamborn
(CO), Carbajal (CA), Turner (OH), Cooper (TN), Swalwell (CA):
Codifies NNSA as the interagency lead on nuclear forensics,
making NNSA responsible for integrating the National Technical
Nuclear Forensics (NTNF) activities in a consistent, unified
strategic direction. (10 minutes)
258. Moulton (MA): Establishes a uniform allowance for
Department of Defense Officers and requires the Department to
begin tracking uniform costs for both Officers and Enlisted
servicemembers for the purposes of tracking out-of-pocket
expenses. (10 minutes)
259. Moulton (MA): Requires a report of lessons learned
from the Russia-Ukraine War to include an analysis of the
capabilities, tactics, and techniques used by both parties. (10
minutes)
260. Moulton (MA): Requires the secretaries of the military
services and the Assistant Secretary of Defense for Special
Operations and Irregular Warfare to provide a brief on their
abilities to establish Tailored Cyberspace Operations
Organizations utilizing the authority provided under FY21 NDAA.
(10 minutes)
261. Murphy, Stephanie (FL): Establishes a reward program
for cybersecurity operations and authorizes the Secretary of
Defense and the Secretaries of the military departments to
present honorary recognitions and monetary awards (up to
$2,500) for innovation in cyberspace operations to members of
the armed forces. (10 minutes)
262. Murphy, Stephanie (FL): Requires the Secretary of the
Air Force, in coordination with the Chief of Space Operations,
to prepare and submit to Congress a review of the staffing
requirements for current and planned cyber squadrons of the
Space Force. Specifically, the review shall consider the
specific sourcing of existing billets of the Space Force that
are optimal for transfer to cyber squadrons, and the
administrative process required to shift such billets to cyber
squadrons. (10 minutes)
263. Napolitano (CA), McKinley (WV), Carbajal (CA), Kaptur
(OH): 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 $5
million of the funds appropriated for the NGYCP for fiscal year
2023 to provide support for new program start-up costs, special
projects, workforce development programs, and emergency
unforeseen costs, all at the Secretary's discretion. (10
minutes)
264. Neguse (CO), Lamborn (CO), Slotkin (MI): Directs the
Department of Labor to carry out a five-year program of grants
to nonprofit organizations that assist the transition of
service members to civilian life. Funds may be used for a broad
range of supportive programs, such as job recruitment training.
(10 minutes)
265. Neguse (CO): Adds ``the benefits of portable licenses
interstate licensure compacts for military spouses''' to the
list of elements discussed at an industry roundtable convened
by the Under Secretary of Defense for Personnel and Readiness.
(10 minutes)
266. Neguse (CO): Defines a covered civilian behavioral
health provider as a licensed professional counselor, licensed
mental health counselor, licensed clinical professional
counselor, licensed professional clinical counselor of mental
health, licensed clinical mental health counselor, or licensed
mental health practitioner. (10 minutes)
267. Neguse (CO): Inventories large-scale military
installations for the ``heat island'' effect and directs
installations with significant ``heat islands''' to increase
greenery to mitigate the ``heat island'' effect. (10 minutes)
268. Norman (SC), Murphy, Gregory (NC): Authorizes the
award of the Medal of Honor to James Capers, Jr. for acts of
valor as a member of the Marine Corps during the Vietnam War.
(10 minutes)
269. Norman (SC): Requests a report on military spouse
employment. (10 minutes)
270. Norman (SC): Requests a report on substance abuse
within the military. (10 minutes)
271. Norman (SC): Provides that not later than September
30, 2023, the Secretary of Defense shall review regulations and
rules of the Department of Defense regarding single parents
serving as members of the Armed Forces. (10 minutes)
272. Obernolte, Jay (CA), Herrell (NM), Gonzales, Tony
(TX), Moore, Blake (UT): Requires GAO to report on difficultly
of filling civilian support services jobs at remote or isolated
military installations. (10 minutes)
273. Ocasio-Cortez (NY): Requests a GAO report on the
status of the Federal environmental cleanup and decontamination
process in Vieques and Culebra, Puerto Rico. (10 minutes)
274. Ocasio-Cortez (NY): Prohibits funds from being used to
conduct aerial fumigation of crops in Colombia. (10 minutes)
275. O'Halleran (AZ): Instructs the Department of Defense
to conduct a study on what the effects of wildfire and
persistent drought conditions at the United States Naval
Observatory Flagstaff Station are to the mission and operations
of the facility. (10 minutes)
276. O'Halleran (AZ): Requires the Defense Suicide
Prevention Office to establish a procedure for assessing
suicide risk at military installations. (10 minutes)
277. Panetta (CA), Flores, Mayra (TX): Requests a review of
the definition, ``Department of Defense Cyberspace Operations
Forces,'' to include an assessment of DoD components conducting
defensive cyberspace operations which are not currently
included in such definition. (10 minutes)
278. Panetta (CA), Waltz (FL): Requires the ASD for Special
Operations and Low-Intensity Conflict, in coordination with the
Secretaries of the military departments, to submit a plan for a
pilot program to deploy dedicated X-band small satellite
communications technologies that may support current and future
requirements of special operations forces. (10 minutes)
279. Pappas (NH), Turner (OH), Mace (SC), Levin, Mike (CA):
Establishes a standard record of military service for all
members of the armed forces (including the reserve components).
(10 minutes)
280. Pappas (NH), Fitzpatrick (PA), Slotkin (MI), Posey
(FL): Requires DoD and VA, in consultation with HHS and EPA, to
jointly coordinate and establish guidelines to be used during
training of members of the Armed Forces serving on active duty
to provide the members awareness of the potential risks of
toxic exposures and ways to prevent being exposed during
combat. (10 minutes)
281. Pappas (NH), Kuster (NH): Directs DoD to conduct, or
enter into a contract with an appropriate federally funded
research and development center to conduct, a study to assess
whether individuals (including individuals on active duty or in
a reserve component or the National Guard) assigned to the
Pease Air Force Base and Pease Air National Guard Base during
the period of 1970 through 2020 experience a higher-than-
expected rate of cancer-related morbidity and mortality as a
result of time on base or exposures associated with time on
base compared to the rate of cancer-related morbidity and
mortality of the general population of the United States,
accounting for differences in sex, age, and race. (10 minutes)
282. Peters (CA), Crow (CO), Porter (CA): Amends the
Combatant Commander Initiative Fund to (1) include climate
resilience of military facilities and essential civilian
infrastructure and (2) military support to relevant authorities
to combat illegal wildlife trafficking and illegal, unreported,
or unregulated fishing. (10 minutes)
283. Peters (CA), Hudson (NC), Castor (FL), Waltz (FL),
Case (HI), Butterfield (NC): Requires GAO to conduct a report
on the ability of servicemembers assigned to Special Operations
units to utilize Department of Defense transition programs,
challenges those servicemembers face when transitioning to
civilian life and the utility of existing DoD transition
programs to address those challenges, and the extent to which
such servicemembers utilize transition resources offered by
non-governmental entities. (10 minutes)
284. Pfluger (TX), Allred (TX), Miller-Meeks (IA), Meijer
(MI), Houlahan (PA), Panetta (CA), Sherrill (NJ), Van Duyne
(TX), Bacon (NE), Golden (ME), Mann (KS), Ellzey, Jake (TX),
Flores, Mayra (TX): Directs the Secretary of the VA to work
with the National Academies of Sciences, Engineering, and
Medicine to study the incidence of and mortality of cancer
among individuals who served in the Navy, Air Force, or Marine
Corps as aviators and aircrew. (10 minutes)
285. Pfluger (TX), Ellzey, Jake (TX), Crenshaw (TX),
Flores, Mayra (TX): Requires DoD to submit a report to Congress
an assessment of the military requirements of North Atlantic
Treaty Organization (NATO) members and countries in the Baltic
region that would allow such countries to deter and resist
Russian aggression. (10 minutes)
286. Pfluger (TX), Panetta (CA), Ellzey, Jake (TX),
Crenshaw (TX), Flores, Mayra (TX): Requires the Secretary of
Defense to include information in its reporting to Congress on
(1) how Russian private military companies are being utilized
to advance the political, economic, and military interests of
the Russian Federation; (2) the direct or indirect threats
Russian private military companies present to United States
security interests; and (3) how sanctions that are currently in
place to impede or deter Russian PMCs from continuing their
malign activities have impacted the Russian PMCs' behavior; and
list any foreign persons engaged significantly with Russian
PMCs. (10 minutes)
287. Phillips (MN): Requires the Comptroller General to
conduct a study on the use and implementation of the authority
of section 385 of title 10, United States Code, relating to
Department of Defense support for other departments and
agencies of the United States Government that advance
Department of Defense security cooperation objectives. (10
minutes)
288. Phillips (MN), Castro (TX), Jacobs, Sara (CA),
Malinowski (NJ), Gottheimer (NJ), Allred (TX): Authorizes GAO
study on the Foreign Service Institute's School of Language
Studies to provide best practices and curriculum improvements
to prepare government employees to advance U.S. diplomatic and
national security priorities abroad. (10 minutes)
289. Phillips (MN): Ensures that a remarried former spouse
of a member of a uniformed service retains electronic access to
the privileged medical records of their dependent child. (10
minutes)
290. Plaskett (VI), Gonzolez-Colon, Jenniffer (PR):
Requires a Department of Defense report to Congress on U.S.
military capabilities in the Caribbean basin. (10 minutes)
291. Porter (CA), Jacobs, Sara (CA): Requires the screening
and registry of individuals with health conditions resulting
from unsafe housing units. (10 minutes)
292. Porter (CA), Jacobs, Sara (CA): Requires landlords to
disclose the presence of life-threatening mold and health
effects of mycotoxins before a lease is signed for privatized
military housing. (10 minutes)
293. Porter (CA): Prohibits the ownership or trading of
stocks by senior officials at the Department of Defense for any
company that received over $1,000,000,000 in revenue from the
Department of Defense during the preceding calendar year. (10
minutes)
294. Radewagen (AS), Case (HI), Chabot (OH): Requires the
Department of Defense to include analysis of PRC influence in
the Pacific Islands region in their annual Report on Military
and Security Developments Involving the Peoples Republic of
China. (10 minutes)
295. Raskin (MD): Directs the Navy to include a multi-
medicine manufacturing platform program element in the
Department's Budget Request starting in Fiscal Year 2025. (10
minutes)
296. Reschenthaler (PA), Kuster (NH): Authorizes
procurement authority for the Air Force, establishes program
element dedicated to the procurement and management of
commercial engineering software, and requires a report
regarding the benefits of commercial physics-based modeling and
simulation. (10 minutes)
297. Reschenthaler (PA), Kelly, Mike (PA), Doyle (PA), Van
Duyne (TX), Posey (FL), Lamb (PA): Includes Purple Heart award
recipients on the DOD military valor website who receive the
award after the enactment of this Act. (10 minutes)
298. Reschenthaler (PA), Fitzpatrick (PA), Meuser (PA),
Doyle (PA), Thompson, Glenn (PA), Keller (PA), Golden (ME),
Lamb (PA), Kelly, Mike (PA): Adds a sense of Congress to ensure
the Air Force does not retire KC-135 aircraft without equal
replacement with KC-46A aircraft. (10 minutes)
299. Reschenthaler (PA): Provides for a report from the
Army Space and Missile Defense Command on the need and cost of
gun launched interceptor technologies. (10 minutes)
300. Reschenthaler (PA): Requires a report from the Missile
Defense Agency on the need and cost of radiation hardened,
thermally insensitive sensors for missile defense. (10 minutes)
301. Reschenthaler (PA), Doyle (PA), Thompson, Glenn (PA),
Aderholt (AL), Lamb (PA), Kelly, Mike (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)
302. Reschenthaler (PA): Increases funding for Robotics
Supply Chain Research. (10 minutes)
303. Reschenthaler (PA), Norcross (NJ), Houlahan (PA):
Increase funding for Enterprise Digital Transformation with
Commercial Physics Simulation. (10 minutes)
304. Rouzer (NC), Crow (CO): Requires DOD to provide a
report to the House and Senate Armed Services Committees on its
flood mapping efforts, how frequently they update their flood
maps, what resources they utilize to undertake flood mapping
projects, and how those maps are incorporated into broader FEMA
flood maps. (10 minutes)
305. Ryan (OH), Palazzo (MS), Kahele (HI), Kelly, Trent
(MS), Bishop, Sanford (GA), Brown (MD), Stefanik (NY): Requires
a GAO study to identify barriers in accessing EFMP benefits
within the Guard and Reserve. (10 minutes)
306. Salazar (FL), Murphy, Stephanie (FL), Waltz (FL):
Requires the Air Force, in consultation with the Department of
State, to produce a report that identifies opportunities to
deploy stratospheric balloons, aerostats, or satellite
technology capable of rapidly delivering wireless internet
anywhere on the planet from high altitudes. (10 minutes)
307. Salazar (FL), Murphy, Stephanie (FL), Waltz (FL):
Encourages the Navy to explore and solicit more artificial
reefing opportunities for retired Navy ships. (10 minutes)
308. San Nicolas (GU): Grants officers or employees of U.S.
Homeland Security Investigations the same acccess to military
installations on Guam as already granted to officers or
employees of U.S. Customs and Border Protection and of the
Federal Bureau of Investigation. (10 minutes)
309. San Nicolas (GU), Kahele (HI), Case (HI): Requires
biannual leak inspections of Navy and Air Force-owned
underground fuel storage tanks on Guam. (10 minutes)
310. Sanchez (CA): States that it is the sense of Congress
that the United States should prioritize countering
misinformation, support an increase in NATO resources, support
building technological resilience, and support NATO and NATO
PA's role in countering misinformation. (10 minutes)
311. Sanchez (CA): Requires a report from the Secretary of
Defense to assess efforts of NATO to counter misinformation and
disinformation and offer recommendations. This report will be
sent to HASC and HFAC. (10 minutes)
312. Sanchez (CA): Requires both a briefing and a report be
delivered to Members on HASC, HFAC, and NATO PA's US delegation
on how the DoD is working with the NATO Strategic
Communications Center of Excellence to improve NATO's ability
to counter and mitigate disinformation. (10 minutes)
313. Schiff (CA): Requires the Secretary of Defense to
conduct a feasibility study on adding the names of the 74
sailors who died in the USS Frank E. Evans disaster in 1969 to
the Vietnam Veterans Memorial Wall. (10 minutes)
314. Schneider (IL), Garbarino (NY): Directs the Department
of Defense to continue its work to modernize its supply chain
and to prioritize digital solutions that use durable devices
and technologies to operate in austere combat environments. (10
minutes)
315. 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 and behavioral health
concerns. (10 minutes)
316. Schrier (WA): Requires quarterly and publicly
accessible data reporting on the Department of Defense's
Military Child Care in Your Neighborhood and Military Child
Care in Your Neighborhood-Plus programs. (10 minutes)
317. Scott, Austin (GA), Bishop, Sanford (GA), Stefanik
(NY): Expresses the Sense of Congress on the importance of
enhancing the strategic partnership and defense and security
cooperation with the country of Georgia. (10 minutes)
318. Scott, Austin (GA): Removes the $15 million cap on
demining assistance provided by the Department of Defense under
10 USC 407. (10 minutes)
319. Scott, Austin (GA): Authorizes the Director of the
Defense POW/MIA Accounting Agency to submit an Unfunded
Priorities List to Congress. The mission of the Defense POW/MIA
Accounting Agency is to provide the fullest possible accounting
for our missing service personnel to their families and the
nation. (10 minutes)
320. Scott, Austin (GA): Modifies 10 USC 345 (Regional
Defense Combating Terrorism and Irregular Warfare Fellowship
Program) to include training on Urban Warfare. (10 minutes)
321. Scott, Bobby (VA), Luria (VA), Wittman (VA), McEachin
(VA), Sanchez (CA): Establishes a pilot project to enhance
resilience in defense communities by appointing four
Interagency Regional Coordinators for Resilience. (10 minutes)
322. Scott, Bobby (VA), Luria (VA): Directs the Inspector
General of the Department of Defense to publish a report on
suicide, suicide prevention, and response within the Navy on
installations and ships, including ships undergoing a Refueling
and Complex Overhaul (RCOH). (10 minutes)
323. Scott, Bobby (VA): Directs the Inspector General of
the Department of Defense to publish a report and survey of
active Department of Defense programs through which members of
the armed forces may file anonymous concerns. (10 minutes)
324. Sherrill (NJ), Bice (OK), Horsford (NV), Reschenthaler
(PA): Amends the DoD's OTA authority to allow for prototyping
for DoD installations and facilities engineering. (10 minutes)
325. Slotkin (MI): Requires the creation of a decoration or
recognition to recognize military working dogs that are killed
in action or that perform an exceptionally meritorious or
courageous act in services to the United States. (10 minutes)
326. Smith, Adam (WA), Rogers, Mike (AL): Authorizes the
Secretary of Defense to establish a revolving fund to procure
high-demand munitions in advance of the transfer of such
munitions to eligible foreign countries in anticipation of
supporting sustained contingency operations in Ukraine. (10
minutes)
327. Smith, Christopher (NJ): Requires the Secretary of
State, in consultation with the Secretary of Defense, to
conduct a feasibility study with regard to greater engagement
with Somaliland, a self-governing, de facto independent entity
strategically-located on the Horn of Africa. Requires further
the Secretary of State, in consultation with the Secretary of
Defense, to submit a classified report that contains the
results of the above feasibility study within 180 days of
enactment to the House Foreign Affairs Committee, House Armed
Services Committee, the Senate Committee on Foreign Relations,
and the Senate Armed Services Committee. (10 minutes)
328. Smith, Christopher (NJ): Directs the Secretary of
Defense to conduct an appraisal of current standards and
provide recommendations for improved medical care and oversight
of individuals engaged in high stress training environments,
specifically Navy training programs. (10 minutes)
329. Smith, Christopher (NJ): Directs the Secretary of the
Navy to comply with the intent of Congress regarding a study of
submersibles published November 1, 2021 as directed by the
FY2021 National Defense Authorization Act conference report.
Orders a review and reconciliation of findings to comply with
original Congressional intent. (10 minutes)
330. Soto (FL), Posey (FL): Adds areas with ``significant
space launch or mission control facilities'' to be included as
locations that Space National Guard are established. (10
minutes)
331. Soto (FL), Posey (FL): Adds language to the Sense of
Congress on the Range of the Future and Support to Commercial
Space Launch Activity that states that it is critical to the
Nation's national security and economic vitality that we
continue to encourage and enable the expansion of commercial
space launch activity. (10 minutes)
332. Soto (FL), Schweikert (AZ), Budd (NC): Inserts
distributed ledger technology into the curricula on software
acquisitions and cybersecurity or hardware acquisitions for
covered individuals. This will add distributed ledger
technology to those technologies considered to increase digital
literacy related to software acquisitions and cybersecurity
hardware or software and develop the ability of covered
individuals to use technologies to critically evaluate, and
synthesize data and information related to such acquisitions.
(10 minutes)
333. Soto (FL), Schweikert (AZ), Budd (NC): Adds
distributed ledger technology to the definition of covered
technologies considered for prototype and demonstration energy
resilience projects at certain military bases. (10 minutes)
334. Soto (FL): Adds artificial intelligence as a specific
``new technology'' considered in the development of the
consortium for curricula being developed for institutions of
military education in order to improve military education. (10
minutes)
335. Spanberger (VA), Meijer (MI), Kim, Young (CA):
Requires the Chairperson of the Council of the Inspectors
General on Integrity and Efficiency to submit a report to
Congress on the oversight infrastructure established with
respect to U.S. assistance to Ukraine. Examines which Federal
agencies are overseeing assistance to Ukraine, how well those
agencies are coordinating, whether there are gaps in oversight,
and whether the Federal Government is positioned to accurately
oversee U.S. expenditures. (10 minutes)
336. Speier (CA): Extend the deadline for the GAO review of
the military services' administrative separation processes
required by Sec. 529B of the FY22 NDAA from December 27, 2022,
to May 31, 2023. (10 minutes)
337. Speier (CA), Schiff (CA), Pallone (NJ), Chu (CA),
Titus (NV), Sanchez (CA), Eshoo (CA), Lofgren (CA), Tlaib (MI),
Langevin (RI), Valadao (CA), Lieu (CA), Lawrence (MI),
Krishnamoorthi (IL), Slotkin (MI): Directs the Secretary of
Defense, in coordination with the Secretary of State, to
document details of the consideration of the waiver
requirements to Section 907 of the Freedom Support Act and
report on whether security assistance to the government of
Azerbaijan undermines a peaceful settlement to the conflict
between Armenia and Azerbaijan. (10 minutes)
338. 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)
339. Steel, Michelle (CA): Prohibits the Department of
Defense and defense contractors from using LOGINK. (10 minutes)
340. Strickland (WA): Requires a feasibility study on
adding au pairs to the in-home child care fee assistance
program and expresses the sense of Congress that members of the
Armed Forces who participate in the au pair exchange visitor
program should be eligible for assistance. (10 minutes)
341. Swalwell (CA): Adds a reporting requirement to
encourage and inform a more focused DoD effort on stockpiling
rare earth magnets to reduce dependence on foreign countries.
(10 minutes)
342. Takano (CA): Requires the comptroller general of the
US to study the feasibility of establishing a strategic
stockpile of materials required to to manufacture batteries,
battery cells, and other energy storage components to meet
national security requirements in the event of a national
emergency. (10 minutes)
343. Tenney, Claudia (NY): Requires a report on the U.N.
arms embargo on its effectiveness in constraining Iran's
ability to supply, sell, or transfer, directly or indirectly,
arms or related material when the arms embargo was in place.
Requires an assessment on the measures that DoD and DoS are
taking, in the absence of a U.N. arms embargo on Iran, to
constrain Iranian arms proliferation. (10 minutes)
344. Tenney, Claudia (NY): Requires a report on Islamic
Revolutionary Guards Corps-affiliated operatives abroad and the
ways in which DoD, in coordination with DoS, is working with
partner nations to inform them of the threat posed by Islamic
Revolutionary Guards Corps-affiliated officials, who are
operatives of a U.S.-designated Foreign Terrorist Organization
(FTO). (10 minutes)
345. Tenney, Claudia (NY): Requires a report on the threat
of aerial drones and unmanned aircraft to United States
national security and an assessment of the unmanned traffic
management systems of every military base and installation
(within and outside the United States) to determine whether the
base or installation is adequately equipped to detect, disable,
and disarm hostile or unidentified unmanned aerial systems. (10
minutes)
346. Thompson, Glenn (PA): Requires the Secretary of
Defense to submit a report to Congress detailing Department of
Defense spending on fuel from non-domestic sources. (10
minutes)
347. Thompson, Glenn (PA): Requires the Secretary of
Defense to submit a report on the impacts low recruitment and
retention in the Armed Forces are having on current operations,
including the physical and mental health of servicemembers. (10
minutes)
348. Thompson, Glenn (PA), Van Duyne (TX), Posey (FL):
Requires the Secretary of Defense to submit a report to
Congress detailing the effects of inflation on military
families. (10 minutes)
349. Titus (NV), Meeks (NY): Amends the Ukraine Freedom
Support Act of 2014 to require the President to establish a
semiconductor supply chain working group in response to the
Russian invasion of Ukraine and submit reports to Congress on
potential future global or geopolitical development that could
severely disrupt the semiconductor supply chain. (10 minutes)
350. Titus (NV), Speier (CA): Requires a report on how
maternal mortality rates may disproportionately affect female
members of the Armed Forces, including identification of
barriers to access to maternal health care and any
recommendations for improvement. (10 minutes)
351. Titus (NV): Requires a report on the extent to which
military families have access to infant formula and have been
affected by the nationwide infant formula shortage. (10
minutes)
352. Titus (NV), Ross (NC), Slotkin (MI): Requires a report
from the Under Secretary of Defense for Acquisition and
Sustainment on status of certification efforts to replace AFFF
on military installations (as required by 2020 NDAA); as well
as a report on the prevalence of PFAS contamination from non-
AFFF sources on military installations. (10 minutes)
353. Titus (NV): Orders quarterly briefings for
Congressional defense committees, tracking Department of
Defense efforts to support replenishment and revitalization of
stocks of defensive and offensive weaponry provided to Ukraine
by the United States. Requires briefings to Congressional
defense committees, House Foreign Affairs Committee, Senate
Foreign Relations Committee on the Department of Defense is
working to advance replenishment of weapons to our allies and
partners who have provided weapons to Ukraine. (10 minutes)
354. Titus (NV): Requires a report to congressional defense
and foreign affairs committees from DOD and State Department on
human trafficking as a result of the Russian invasion of
Ukraine. (10 minutes)
355. Tlaib (MI): Requires the new Military Housing Feedback
Tool to include resources to help tenants identify potential
serious safety hazards (lead paint, mold, non-functioning
safety equipment, etc) and a functionality to report said
potential issues. (10 minutes)
356. Tlaib (MI): Adds additional sections to the report
required for Sec. 544. Pilot program on financial assistance
for victims of domestic violence. The new sections ensure that
participants in the program can provide their feedback and that
their advice is taken into account, and provides the Secretary
with a specific opportunity to recommend new ideas and other
potential ways that they come across during the running of the
program that could be pursued to further safeguard domestic
violence survivors. (10 minutes)
357. Tlaib (MI), Newman (IL), Rush (IL), Torres, Ritchie
(NY), Barragan (CA), Titus (NV), Jacobs, Sara (CA): Directs the
Undersecretary of Defense for Acquisition and Sustainment to
issue a report to Congress on the Department's compliance with
the Lead and Copper Rule in military installations, military
housing, and privatized military housing within one year of
enactment. Following this report, DOD compliance with Lead and
Copper Rule will be reported annually in the Defense
Environmental Programs report to Congress. (10 minutes)
358. Tlaib (MI): Adds a requirement to screen eligible
individuals for potential covered lead exposure from unsafe
housing units. (10 minutes)
359. Torres, Norma (CA), Sires (NJ), Malinowski (NJ):
Directs the Government Accountability Office to review the
implementation by the Department of Defense and the Department
of State of end-use monitoring. (10 minutes)
360. Torres, Norma (CA): Improves military cold case
reviews and oversight measures to help ensure military families
receive justice. (10 minutes)
361. Torres, Ritchie (NY): Prescribes limitations on the
sale and use of unsafe portable heating devices on military
installations, according to the guidelines of the applicable
voluntary standard. (10 minutes)
362. Torres, Ritchie (NY): Directs the Secretary of Defense
to ensure that the Department of Defense shares best practices
and training to first responders so that they can best aid
victims experiencing trauma-related injuries. (10 minutes)
363. Torres, Ritchie (NY): Requires a feasibility study
into the establishment of a U.S. military instillation in
Albania. (10 minutes)
364. Trahan (MA), Reschenthaler (PA), Fitzgerald (WI),
Joyce, John (PA): Requires the Navy to issue a report on the
power and propulsion requirements for the DDG(X) destroyer and
whether the Navy can leverage existing investments in the
electric-drive propulsion system developed for the DDG(X) to
reduce cost and risk. (10 minutes)
365. Trahan (MA), Obernolte, Jay (CA), Beyer (VA): Directs
the Secretary of Defense to submit a report on potential
national security applications for fusion energy technology.
The report shall include an evaluation of commercial fusion
energy technologies under development by private sector
companies in the United States to determine if any such
technologies have potential national security applications. (10
minutes)
366. Turner (OH), Lesko (AZ), Pfluger (TX), Flores, Mayra
(TX): Directs the DoD to submit a report on the feasibility of
terminating energy procurement from foreign entities of
concern. Revises DOD Energy Policy, 10 U.S.C. Sec. 2911(e) by
requiring the consideration of energy reliability in the event
of a military conflict and the value of resourcing energy from
allies. (10 minutes)
367. Van Duyne (TX), McKinley (WV), Crenshaw (TX), Flores,
Mayra (TX): Requires a study and report to identify monetary
and government benefits received through misrepresentation of
military decorations or medals. Also requires recommendations
to address the issues identified in the report. (10 minutes)
368. Van Duyne (TX): Requires a DOD report on the
feasibility of partnerships with companies providing third-
party job search software in assisting service members and
veterans find employment following their active duty service.
(10 minutes)
369. Wagner (MO): Honors the life and legacy of Ulysses S.
Grant in commemoration of his 200th birthday on April 27, 2022.
(10 minutes)
370. Waltz (FL): Makes a clerical change to Section 624 to
reference the appropriate subsection. (10 minutes)
371. Waltz (FL), Horsford (NV): Clarifies the authority of
the National Defense Stockpile Manager to acquire strategic and
critical materials to also include scandium. (10 minutes)
372. Wasserman Schultz (FL), Castor (FL), Hudson (NC),
Gaetz (FL): Requires the Air Force and Army to provide a
briefing within 90 days of the enactment of this bill, to the
House Armed Services Committee and Appropriations Committee, on
the way ahead for providing appropriate childcare at Camp Bull
Simons, Eglin Air Force Base. (10 minutes)
373. Wexton (VA): Requires the Secretary of Defense to
conduct a study on the feasibility and benefits of establishing
returnship programs for the DOD civilian workforce. (10
minutes)
374. Wild (PA): Requires transparency for and
accountability to the families of servicemembers who have lost
their lives or suffered serious injuries in operational or
training accidents by requiring that the Department of Defense
provide briefings on the status of the implementation of
recommendations relating to improving safety for servicemembers
and the prevention of accidents. (10 minutes)
375. Wild (PA): Requires the Joint Safety Council, which
was created in last year's NDAA, to create and maintain a
website with information for the families of deceased members
of the armed forces who died in a fatal operational or training
accident, information on the findings of each review or
assessment conducted by the Council, identification of any
recommendation of the Council relating to the prevention of
fatal accidents among members of the Armed Forces, and
information on the progress of the implementation of any such
recommendation. (10 minutes)
376. Williams (GA), Meijer (MI), Jacobs, Sara (CA), Khanna
(CA), Spartz (IN), Lee, Barbara (CA), Welch (VT), Blumenauer
(OR), Newman (IL), Carson (IN), Moore (WI), Grijalva (AZ),
Norton (DC), Levin, Andy (MI), Tlaib (MI): Modernizes the
bipartisan 2017 law passed by Congressman John Lewis--which
currently requires public posting of the costs to each American
taxpayer of the costs of the Wars in Iraq, Afghanistan, and
Syria--to include cost transparency for all wars since 9/11 and
future wars, ensuring taxpayers fully understand how their
government uses taxpayer dollars abroad. (10 minutes)
377. Williams (GA), Johnson, Hank (GA), Bishop, Sanford
(GA), Bourdeaux (GA), McBath (GA), Scott, David (GA), Carter,
Buddy (GA), Clyde (GA): Expresses that Congress has heard with
profound sorrow of the death of the Honorable Joseph Maxwell
Cleland, who served with courage and sacrifice in combat in the
Vietnam War; unwavering dedication to Georgia as a State
Senator, Secretary of State, and Senator; and honorable service
to the United States and veterans of the United States through
his lifetime of public service and tenure as Administrator of
the Veterans Administration. (10 minutes)
378. Wittman (VA): Prohibit the disposal of Littoral Combat
Ships unless the ships are transferred to the military forces
of a nation that is an ally or partner of the United States.
(10 minutes)
379. Wittman (VA), Van Duyne (TX), Johnson, Mike (LA):
Requires additional data on Phase I, Phase II, and Phase III
awards under the SBIR and STTR programs within each military
department. (10 minutes)
380. Wittman (VA), Luria (VA), Wilson, Joe (SC):
Establishes that any contract, transaction, agreement, or grant
awarded on or after March 1, 2020, to address the COVID-19
pandemic through vaccines and other therapeutic measures, using
funds made available under certain awards shall not be counted
toward any limit on the total estimated amount of all projects
to be issued established prior to March 1, 2020 (except that
such funds shall count toward meeting any guaranteed minimum
value) for the award. (10 minutes)
381. Wittman (VA): Directs the Director of the Defense
Health Agency to submit to the House and Senate Armed Services
Committees a report on contracts awarded by DHA in Fiscal Years
2020, 2021, and 2022, including the number and percent of
contracts meeting certain criteria. (10 minutes)
382. Wittman (VA): Requires a report on opportunities to
improve the ability of the Department of Defense to compete in
a contested information environment. (10 minutes)
383. Lee, Barbara (CA), Meeks (NY), Roy (TX): Repeals the
2002 Authorization for Use of Military Force Against Iraq. (10
minutes)
384. Bowman (NY), Khanna (CA), Schakowsky (IL), Bush, Cori
(MO), Blumenauer (OR), Jones, Mondaire (NY), DeFazio (OR),
Lofgren (CA), Cammack, Kat (FL): Prohibits U.S. military
presence in Syria without Congressional approval within one
year of enactment. (10 minutes)
385. Spanberger (VA), Meijer (MI), Meeks (NY), Roy (TX),
Kim, Young (CA): Repeals the 1991 Authorization for Use of
Military Force Against Iraq Resolution. (10 minutes)
386. Meijer (MI), Spanberger (VA), Roy (TX): Repeals the
joint resolution of March 9, 1957, that provided for the use of
certain funds to promote peace and stability in the Middle
East. (10 minutes)
387. Lee, Barbara (CA), Meijer (MI), Roy (TX): Expresses
the Sense of Congress that Authorizations for the Use of
Military Force (AUMFs) should include a sunset provision.
Specifically: (1) the inclusion of a sunset provision or
reauthorization requirement in authorizations for use of
military force is critical to ensuring Congress's exercise of
its constitutional duty to declare war; and (2) any joint
resolution enacted to authorize the introduction of United
States forces into hostilities or into situations where there
is a serious risk of hostilities should include a sunset
provision setting forth a date certain for the termination of
the authorization for the use of such forces absent the
enactment of a subsequent specific statutory authorization for
such use of the United States forces. (10 minutes)
388. Spanberger (VA), Garbarino (NY), Kuster (NH): Directs
the Director of the Office of National Drug Control Policy to
develop performance measures and targets for the National Drug
Control Strategy for the Southwest Border, Northern Border, and
Caribbean Border Counternarcotics Supplemental Strategies to
effectively evaluate region-specific goals. These performance
measures and targets may evaluate interdiction efforts at and
between ports of entry, interdiction technology, intelligence
sharing, diplomacy, and other appropriate metrics as determined
by the ONDCP Director. (10 minutes)
389. Arrington (TX), Crenshaw (TX), Posey (FL): Requires
the President to report to Congress on security relationship
with Mexico as it relates to cartel activity along southern
border and impacts on national security. (10 minutes)
390. Thompson, Bennie (MS): Enhances the security
operations of the Transportation Security Administration and
stability of the transportation security workforce by applying
the personnel system under title 5, United States Code, to
employees of the Transportation Security Administration. (10
minutes)
391. Keating (MA): Requires the State Department to
establish and staff Climate Change Officer positions to be
posted at U.S. embassies, consulates, or diplomatic missions to
provide climate change mitigation expertise, engage with
international entities on climate change, and facilitate
bilateral and multilateral cooperation on climate change,
taking specific actions to develop a strategy to improve and
increase the study of, mitigation of, and adaptation to climate
change and certify that considerations related to the climate
are incorporated at U.S. embassies or other diplomatic posts,
while also establishing a curriculum at the Foreign Service
Institute to provide employees with specialized climate change
training. (10 minutes)
392. Jayapal (WA): Establishes an Office of Climate
Resilience. (10 minutes)
393. Himes (CT): Modernizes FinCEN's special measures
authorities to empower FinCEN to adapt its existing tools,
monitor and obstruct global financial threats, and meet the
challenges of combating 21st-century financial crime. (10
minutes)
394. Meeks (NY), Maloney, Carolyn (NY), Torres, Ritchie
(NY), Sherman (CA), Brown (MD): Requires public companies to
annually disclose the racial, ethnic, gender identity, sexual
orientation, and veteran status of their board directors,
nominees, and senior executive officers; empowers the SEC's
Office of Minority and Women Inclusion to publish best
diversity disclosure practices; and creates an advisory group
that would study and report on increasing corporate diversity.
(10 minutes)
395. Speier (CA), Lofgren (CA): Incentivize states to
enact, at a minimum, the rights afforded to victims in the
Survivors Bill of Rights Act. (10 minutes)
396. Brownley (CA): Eliminates contraception co-pays at the
VA, ensuring veterans do not face unnecessary barriers to
access. (10 minutes)
397. Garamendi (CA): Clarifies the Department of Defense
definition of biomass and biogas so that it aligns with the
Clean Air Act, and requires that it be considered a renewable
energy source. (10 minutes)
398. Ross (NC), Tonko (NY), Rouzer (NC): Restores the
Department of Interior's authority to hold offshore wind lease
sales in federal waters off the coasts of North Carolina, South
Carolina, Georgia, and Florida, while leaving the leasing
moratorium in place in the Eastern Gulf of Mexico at the
request of the Department of Defense. (10 minutes)
399. Pappas (NH), Bilirakis (FL), Cicilline (RI),
Malliotakis (NY), Pallone (NJ), Maloney, Carolyn (NY), Titus
(NV), Sarbanes (MD), Schneider (IL), Meng (NY), Speier (CA),
Eshoo (CA), Levin, Andy (MI), Lofgren (CA), Langevin (RI), Lieu
(CA), Gottheimer (NJ), Krishnamoorthi (IL), Sherman (CA):
Prohibits the President from selling or exporting new F-16s or
F-16 upgrade technology or modernization kits to Turkey unless
the President provides a certification to Congress that such a
transfer is in the national interest of the United States and
includes a detailed description of concrete steps taken to
ensure that such F-16s are not used by Turkey for repeated
unauthorized territorial overflights of Greece. (10 minutes)
400. Williams (GA), Himes (CT), Carter, Troy (LA), Titus
(NV): Allows funds from the Surface Transportation Block Grant
Program to be used to build sound barriers in older residential
areas, allowing people in military housing and other impacted
neighborhoods who bought their homes years before the
construction of nearby interstate highways to live and raise
their families in quiet neighborhoods. (10 minutes)
401. Beatty (OH): Gives first-time homebuyers a 25 basis
point reduction on their FHA mortgage insurance premium if they
complete a certified financial literacy housing counseling
course. (10 minutes)
402. Slotkin (MI): Creates an exception for Afghan student
visa applicants so they do not have to demonstrate intent to
return to Afghanistan after completing their studies in the US.
This exception will be in effect for two years, with the
opportunity for the Secretary of Homeland Security, in
consultation with the Secretary of State, to renew in 18 month
increments if conditions in Afghanistan warrant the extension.
(10 minutes)
403. Ross (NC), Miller-Meeks (IA), Lofgren (CA), Salazar
(FL), Krishnamoorthi (IL), Fitzpatrick (PA), Meuser (PA), Axne
(IA), Sanchez (CA), Davis, Danny K. (IL), Kim, Young (CA), Soto
(FL): Amends the Child Status Protection Act to protect
dependent children of green card applicants and long-term
dependent children of employment based nonimmigrants from aging
out of our legal immigration system. (10 minutes)
404. Cicilline (RI), Auchincloss (MA), Langevin (RI),
Trahan (MA), Larson, John (CT), Courtney (CT), DeLauro (CT),
Neal (MA), Keating (MA), Hayes (CT): Establishes the Southern
New England Regional Commission, which would assist in the
development of defense manufacturing in Southern New England.
(10 minutes)
405. Pappas (NH), Fitzpatrick (PA), Nadler (NY), Welch
(VT), Posey (FL), Norton (DC), Huffman (CA), Ross (NC),
Blumenauer (OR), Lawrence (MI), Khanna (CA), McEachin (VA),
Kuster (NH), Raskin (MD), Gottheimer (NJ), Grijalva (AZ),
Levin, Andy (MI), Cohen (TN), Slotkin (MI): Requires the EPA to
develop water quality criteria under the Clean Water Act for
all measurable PFAS or classes of PFAS within two years, and
develop effluent limitations guidelines and standards for all
measurable PFAS or classes of PFAS within four years. (10
minutes)
406. Ross (NC), Mace (SC), Fitzpatrick (PA), Norton (DC),
Titus (NV), Kuster (NH), McEachin (VA), Stansbury (NM):
Clarifies the scope of the PFAS Data Reporting from the 2020
NDAA. (10 minutes)
407. Golden (ME): Allows the Wabanaki Nations in Maine to
access future federal laws that are passed by Congress for the
benefit of Indian tribes. Four Indian tribes (Maliseet, Micmac,
Penobscot, and Passamaquoddy) make up the Wabanaki Nations.
Currently, these tribes are unable to access certain federal
laws and related benefits because such laws are preempted by
the Maine Indian Claims Settlement Act of 1980. (10 minutes)
408. Perlmutter (CO), Velazquez (NY), Davidson (OH),
Blumenauer (OR), Joyce, David (OH), Lee, Barbara (CA), Correa
(CA), Crist (FL): Adds the bipartisan SAFE Banking Act which
would allow 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)
409. Clark, Katherine (MA): Expresses the sense of Congress
that veterans should not be denied Veterans Affairs
Administration home loan benefits due to their legal employment
in the cannabis industry and that the VA should improve
communication with eligible lending institutions to reduce
confusion among lenders and borrowers on this matter. (10
minutes)
410. Garamendi (CA), Jacobs, Sara (CA), Lofgren (CA):
Waives current law's requirement that FEMA or federal land
management agencies reimburse DOD (with civilian funds) for
cost of military support for disaster response to major
wildfires or federally declared disasters/emergencies. (10
minutes)
411. Neguse (CO), Khanna (CA): Adds the text of H.R. 7476,
the REPLACE Act to the bill, which automatically waives fees
for replacing critical documents after major disasters. (10
minutes)
412. Leger Fernandez (NM), Herrell (NM), Stansbury (NM):
Provides assistance to victims of the Hermit's Peak/Calf Canyon
Fire that was started by the federal government. (10 minutes)
413. Jayapal (WA): Requires that federal agencies begin
debarment proceedings against federal contractors that have
committed two or more violations of the Fair Labor Standards
Act within the past five years. Directs the Department of Labor
to establish a database of covered entities that have been
suspended or debarred for violations of federal labor law. (10
minutes)
414. Johnson, Hank (GA), Carson (IN), Evans (PA), Davis,
Danny K. (IL): Removes the size limitation of average annual
gross receipts for the last three years not to exceed $26.29
million in the Department of Transportation's Disadvantaged
Business Enterprise program. (10 minutes)
415. Ocasio-Cortez (NY): Allows the Office of Federal
Contractor Compliance Programs at the Department of Labor to
establish compliance procedures for the prohibition on criminal
history inquiries by Federal contractors and allows the
Department of Labor to investigate compliance by a contractor
by conducting a compliance evaluation. (10 minutes)
416. Waters (CA), Malinowski (NJ), Salazar (FL), Wilson,
Joe (SC), Spanberger (VA), Hudson (NC): Brings services which
facilitate anonymity or evasion of anti-money laundering
provisions into Bank Secrecy Act compliance. (10 minutes)
417. Waters (CA): Provides that the CARES Act enhancements
to NCUA's Central Liquidity Facility are temporarily
reauthorized to allow smaller credit unions to have access to
emergency liquidity through 2023. (10 minutes)
418. Waters (CA): Directs the Treasury to vote against the
provision of any assistance to China from the World Bank or the
Asian Development Bank unless the Secretary of Treasury has
certified that China has demonstrated a commitment to
participate in multilateral debt relief initiatives on terms
comparable to other G-20 governments; allows borrowing
countries to seek restructuring of China loans in official
multilateral debt treatment forums; and allows for the public
disclosure of the terms and conditions of its loans to other
countries; or if the Secretary of Treasury certifies that such
assistance serves the national interest of the United States.
(10 minutes)
419. Torres, Ritchie (NY): Requires the Secretary of
Agriculture, in consultation with the Secretary of
Transportation, and Secretary of Homeland Security, to issue a
report on improving supply chain shortfalls and infrastructure
needs at wholesale produce markets. (10 minutes)
420. 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 community security, enhance DHS acquisitions and
supply chains, and enhance DHS operations. (10 minutes)
421. Courtney (CT), Gallagher (WI), Moore, Blake (UT),
Wittman (VA): Adds the United Kingdom of Great Britain and
Northern Ireland and Australia to the definition of a
``Domestic Source'' under the Defense Production Act (DPA).
This amendment would align the DPA with the current legal
definition of the National Technology and Industrial Base
(NTIB), which added the UK and Australia to its definition in
the 2017 NDAA. (10 minutes)
422. Tenney, Claudia (NY), Pfluger (TX), Gottheimer (NJ),
Fitzpatrick (PA), Wild (PA): Restricts the ability of covered
entities (owned, directed, controlled, financed, or influenced
directly or indirectly by the Government of the People's
Republic of China, the CCP, or the Chinese military) from using
federal funds from engaging, entering into, and awarding public
works contracts. (10 minutes)
423. Garcia, Sylvia (TX): Changes the start date of the
referenced anti-money laundering pilot program from 3 years
after the date of enactment (January 1, 2021), to 3 years after
the date that the Secretary of the Treasury actually starts the
program. (10 minutes)
424. Demings (FL), Keating (MA): Authorizes the Open
Technology Fund of the United States Agency for Global Media to
make grants to surge and sustain support for internet freedom
technologies to counter acute escalations in censorship in
closed countries. Authorizes the fund at $5 million per year
from FY 2023-2027. (10 minutes)
425. Torres, Ritchie (NY): Requires the Director of CISA to
conduct an investigation on the SolarWinds incident to evaluate
the impact of the SolarWinds incident and issue a report to
Congress on the findings and recommendations to address
security gaps, improve incident response efforts, and prevent
similar cyber incidents. The amendment also calls for a GAO
report on the Cyber Safety Review Board established pursuant to
Executive Order 14028. (10 minutes)
426. Langevin (RI), Ross (NC), Escobar (TX): Allows for
admission of essential scientists and technical experts to
promote and protect the national security innovation base. (10
minutes)
427. Garbarino (NY), Langevin (RI), Gallagher (WI), Clarke,
Yvette (NY): Adds the CISA Leadership Act, which establishes a
five-year term limit and specifies the appointment process for
the Director of the Cybersecurity and Infrastructure Security
Agency (CISA) of the Department of Homeland Security. (10
minutes)
428. Lamb (PA), Gonzalez, Anthony (OH): Directs the
Secretary of Energy to establish a plan for reducing the
vulnerability of the electric grid, including by creating a
strategic transformer reserve. (10 minutes)
429. Maloney, Carolyn (NY): Strengthens the ability of the
Privacy and Civil Liberties Oversight Board to provide
meaningful oversight of artificial intelligence for
counterterrorism purposes. (10 minutes)
430. Cicilline (RI), Castro (TX), Titus (NV), Keating (MA),
Gallagher (WI): Extends the life of the State Department's
Global Engagement Center. The Global Engagement Center was
established via the 2017 NDAA to coordinate the U.S.
Government's efforts counter foreign propaganda that undermines
US interests. (10 minutes)
431. Cicilline (RI), Reschenthaler (PA), Golden (ME),
Takano (CA), Brown (MD): Prevents the enforcement of predispute
forced arbitration clauses in any dispute covered under the
Servicemembers Civil Relief Act. (10 minutes)
432. 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)
433. Sanchez (CA), Mace (SC): Extends consumer credit
protections to active duty armed and uniformed consumers in a
combat zone, aboard a U.S. vessel, or away from their usual
duty stations and prohibits the inclusion on a consumer report
of adverse credit information that occurred while a uniformed
consumer was serving. (10 minutes)
434. Dean (PA): Prohibits a debt collector from
representing to service members that failure to cooperate with
a debt collector will result in a reduction of rank, a
revocation of security clearance, or military prosecution. The
Government Accountability Office must report on the impact of
this prohibition on the timely delivery of information to
service members, military readiness, and national security. (10
minutes)
435. Beatty (OH): Expands employment opportunities at
federally insured financial institutions by reducing barriers
to employment based on past criminal offenses. (10 minutes)
436. Lieu (CA), Brownley (CA), Sherman (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)
437. Escobar (TX): Prohibits certain types of fraud or
misrepresentations in the provision of immigration services and
provides for criminal penalties for such actions. (10 minutes)
438. Steil (WI), Auchincloss (MA): Requires the U.S.
Treasury Department to regularly report to Congress any
sanctions waivers provided to allow transactions between
financial institutions and targeted individuals. (10 minutes)
439. Norcross (NJ), Zeldin (NY), Sires (NJ): Urges the
Secretary of State to take action concerning unpaid Peruvian
agrarian reform bonds to ensure pension funds receive payment.
(10 minutes)
440. Wild (PA), Malinowski (NJ), Khanna (CA): Requires a
report from the Secretary of State focusing on human rights
violations committed by Philippines police, military, and
paramilitary forces and assessing these forces' role in the
current Philippines human rights climate. (10 minutes)
441. Thompson, Bennie (MS): Adds a new title to ensure
greater equity in Federal disaster assistance policies and
programs by authorizing an equity steering group and equity
advisor within the Federal Emergency Management Agency,
improving data collection to measure disparate outcomes and
participation barriers, and requiring equity criteria to be
applied to policies and programs. (10 minutes)
442. Phillips (MN): Authorizes a GAO report to be submitted
within 180 days on the use of data and data science at the
Department of State and USAID in the following areas: foreign
policy analysis and decision making at State; development
assistance policy and program design and execution at USAID;
and recruitment, hiring, retention, and personnel decisions at
the Department of State and United States Agency for
International Development. (10 minutes)
443. McGovern (MA): Modifies reports to Congress under the
Global Magnitsky Human Rights Accountability Act to include
actions taken to (1) address underlying causes of the
sanctioned conduct and (2) pursue judicial accountability in
appropriate jurisdictions for sanctioned individuals or
entities. (10 minutes)
444. Quigley (IL), Meng (NY): Authorizes the hiring and
international deployment of fifty U.S. Fish and Wildlife
Service Law Enforcement attach's to disrupt illegal wildlife
trafficking abroad. Makes it official foreign policy of the
United States to work with state and non-state partners to help
prevent the spread of zoonotic diseases. (10 minutes)
445. Torres, Norma (CA), Sires (NJ): Creates the Central
American Network for Democracy program to support a regional
corps of human rights defenders whose work has put them at
risk. (10 minutes)
446. Jacobs, Sara (CA), Jayapal (WA), Khanna (CA),
Schakowsky (IL): Requires a Department of State report on the
humanitarian impact of sanctions and the decision to withhold
$3.5 billion in Afghan central bank funds. (10 minutes)
447. 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)
448. Green, Al (TX): Provides statutory authority for
certain procedures related to the Community Development Block
Grant--Disaster Recovery (CDBG-DR) Program and adds new program
requirements. (10 minutes)
449. Torres, Ritchie (NY): Requires the Secretary of
Homeland Security, in consultation with the Secretary of
Transportation, to issue a report on measures to improve
counter terrorism measures at passenger rail stations. (10
minutes)
450. Garcia, Jesus (IL): Directs the Department of Treasury
to use the voice, vote, and influence of the U.S. at the
International Monetary Fund (IMF), the World Bank, and other
relevant multilateral development banks to advocate for the
immediate suspension of all debt service payments owed to these
institutions by Ukraine. Directs the Secretary of Treasury, in
coordination with the Secretary of State, to commence immediate
efforts with other official bilateral creditors and commercial
creditor groups to pursue similar comprehensive debt payment
relief for Ukraine. (10 minutes)
451. Malinowski (NJ), Sires (NJ), Castro (TX), Wild (PA),
Omar (MN), Johnson, Hank (GA), Vargas (CA): Requires the
Secretary of State to review actions by Brazilian armed forces
related to that country's October 2022 presidential elections
and to consider such actions under statutory guardrails on US
assistance. (10 minutes)
452. Garcia, Jesus (IL), Omar (MN): Requires a report on
the humanitarian impacts of US sanctions. (10 minutes)
453. Maloney, Carolyn (NY), Sarbanes (MD), Connolly (VA),
Norton (DC): Requires the Office of Personnel Management to
establish and maintain a current, publicly available directory
of senior government leaders online. (10 minutes)
454. Connolly (VA), Fitzpatrick (PA): Prevents any position
in the competitive service from being reclassified to an
excepted service schedule that was created after September 30,
2020 and limits federal employee reclassifications to the five
excepted service schedules in use prior to fiscal year 2021.
(10 minutes)
455. Neguse (CO), Grijalva (AZ), O'Halleran (AZ): Adds the
text of the Colorado Outdoor Recreation and Economy Act and the
Grand Canyon Protection Act to the bill. (10 minutes)
456. DeGette (CO), Huffman (CA), Schiff (CA), Kilmer (WA),
Carbajal (CA), Chu (CA), Leger Fernandez (NM): Adds the text of
Titles I-VI of the Protecting America's Wilderness and Public
Lands Act, and adds the text of the Cerro de la Olla Wilderness
Establishment Act. (10 minutes)
457. Neguse (CO): Adds the text of H.R. 5118, the
Continental Divide Completion Act, which directs maximum
completion of the Continental Divide Trail by 2028. (10
minutes)
458. Garamendi (CA): Provides that the the Sacramento-San
Joaquin Delta National Heritage Area shall include the area
depicted as the Rio Vista/Expansion Area. (10 minutes)
459. McGovern (MA), Pressley (MA): Creates a grant program
to support grandparents raising grandchildren by funding
nonprofits and local housing authorities to provide a safe
living space for grandfamilies and employ a Grandfamily
Resident Service Coordinator. This funding could be used to
provide onsite services for tutoring, health care services,
afterschool care, and coordinating informational outreach to
multigenerational families. (10 minutes)
460. Escobar (TX): Reauthorizes the Wastewater Assistance
to Colonias program and increases funding for the program. (10
minutes)
461. Evans (PA), Fitzpatrick (PA), Blunt Rochester (DE):
Reauthorizes the Delaware River Basin Restoration Program and
increases the federal cost share for certain grant projects.
Extends the program through FY2030 and increases the federal
cost share of a grant project that serves a small, rural, or
disadvantaged community to 90% of the total cost of the
project. (10 minutes)
462. Clark, Katherine (MA), Spartz (IN), Meijer (MI): 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)
463. Tonko (NY), Torres, Ritchie (NY), Espaillat (NY),
Bowman (NY), Velazquez (NY), Maloney, Sean (NY), Malinowski
(NJ), Meng (NY), Gottheimer (NJ), Rice, Kathleen (NY), Pascrell
(NJ), Jones, Mondaire (NY), Ocasio-Cortez (NY), Suozzi (NY),
Malliotakis (NY): Establishes a grant program to coordinate and
fund restoration activities that increase coastal resilience,
promote healthy fish and wildlife habitats, improve water
quality, increase public access, and support monitoring and
research in the New York-New Jersey Watershed, and authorizes
$20 million per year for Fiscal Years 23-28. (10 minutes)
464. Higgins, Brian (NY), Malliotakis (NY): Amends Section
308703 of title 54, United States Code, to authorize the
appropriation of $10,000,000 for the National Maritime Heritage
Grant Program for FY23 and FY24. (10 minutes)
465. DeFazio (OR), Graves, Sam (MO): Adds the Don Young
Coast Guard Authorization Act of 2022, which reauthorizes the
Coast Guard and includes report requirements, demonstration
program authorizations, and new regulatory mandates for the
Coast Guard that will help them better execute their missions.
Strengthens and supports the United States Coast Guard in its
critical missions to save lives, safeguard our shores, protect
living marine resources, and help ensure a 21st century
maritime transportation system for America. Includes important
provisions to better protect U.S. mariners out at sea from
sexual harassment and sexual assault. (10 minutes)
466. Axne (IA), Larsen, Rick (WA): Inserts the text of the
Flexibility in Addressing Rural Homelessness Act (H.R. 7196),
to expand eligible uses of homelessness funding in rural areas.
(10 minutes)
467. Baird (IN), Golden (ME), Gottheimer (NJ), Houlahan
(PA), Mast (FL), McKinley (WV), Miller-Meeks (IA), Panetta
(CA), Steel, Michelle (CA), Taylor (TX), Posey (FL), Van Duyne
(TX), Mann (KS), Slotkin (MI): Directs the Secretary of
Veterans Affairs to ensure the timely scheduling of
appointments for health care at medical facilities of the
Department of Veterans Affairs. (10 minutes)
468. Barr (KY), Slotkin (MI), Meeks (NY): Requires the
Secretary of State to report on Chinese support to Russia with
respect to its unprovoked invasion of and full-scale war
against Ukraine. (10 minutes)
469. Bass (CA), Meeks (NY), Malinowski (NJ): Requires the
Secretary of State to issue a report to Congress within 180
days on U.S. efforts to enhance engagement with Niger by
advancing democracy and human rights, regional security and
counter terrorism, and food security as a key component of U.S.
strategy toward the Sahel region of Africa, given that Niger is
a model in the Sahel for transitioning from longstanding
military governance and a cycle of coups to a democratic,
civilian-led form of government. (10 minutes)
470. Bera (CA), Radewagen (AS), Titus (NV), Case (HI),
Chabot (OH): Directs the Assistant Secretaries for East Asian
and Pacific Affairs and South and Central Asian Affairs at the
State Department, along with the Assistant Administrator for
the Asia Bureau at USAID, to provide an independent assessment
of the resources they need to fulfill the Indo-Pacific
Strategy. (10 minutes)
471. Bera (CA), Slotkin (MI), Luria (VA), Fitzpatrick (PA):
Creates an interagency taskforce to streamline U.S. tools and
mechanisms for deterring and addressing Beijing's economic
coercion and expand cooperation with the private sector as well
as U.S. allies and partners on this important matter. (10
minutes)
472. Bera (CA), Fitzpatrick (PA), Chabot (OH), Case (HI):
Establishes a fellowship exchange program for eligible U.S.
federal government employees to learn, live, and work in Taiwan
for up to two years. Upon successful conclusion of the program,
fellows must fulfill a service requirement in their sponsoring
branch of government where they will be equipped to advance
U.S. values and interests in the Indo-Pacific region, with
special emphasis on strengthening our strategic partnership
with Taiwan. (10 minutes)
473. Blumenauer (OR), Mast (FL), Lee, Barbara (CA), Joyce,
David (OH), Perlmutter (CO), Mace (SC), Titus (NV), Meijer
(MI), Kahele (HI), Newman (IL), San Nicolas (GU), Norton (DC),
Gaetz (FL), Correa (CA), Strickland (WA): Authorizes Department
of Veterans Affairs providers to assist veterans in providing
recommendations, opinions, and completion of the forms
reflecting these recommendations or opinions in compliance with
state-legal medical cannabis programs. (10 minutes)
474. Blumenauer (OR), Gonzalez-Colon, Jenniffer (PR): Helps
protect communities around the country by improving the Federal
Emergency Management Agency's preparation for, and response to,
climate disasters. (10 minutes)
475. Brown (MD), Katko (NY), Fitzpatrick (PA), Stauber
(MN): 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)
476. Brownley (CA): Requires the Advisory Committee on
Women Veterans to report annually on women veterans programs,
instead of biannually. (10 minutes)
477. Brownley (CA): Establishes a grant program at the
Department of Education for States to expand or create Seal of
Biliteracy programs, which recognize high levels of proficiency
in speaking, reading, and writing in English and a second
language (or an official Native American language in lieu of
English) among graduating high school seniors. (10 minutes)
478. Brownley (CA), Welch (VT): Requires VA to update
Beneficiary Travel reimbursement rate for veterans. (10
minutes)
479. Cammack, Kat (FL), Van Duyne (TX), Miller-Meeks (IA),
Franklin (FL), Johnson, Bill (OH), Gimenez (FL), Balderson
(OH): Requires a report on the feasibility of establishing a
U.S. Customs and Border Protection (CBP) Preclearance Facility
on Taiwan. (10 minutes)
480. Cammack, Kat (FL), Flores, Mayra (TX): Authorizes the
Director of the Federal Law Enforcement Training Centers
(FLETC) under the Department of Homeland Security to establish
a human trafficking awareness training program for State,
local, Tribal, territorial, and educational institution law
enforcement personnel within FLETC. Authorizes $2.3 million per
year for fiscal years 2023 through 2028 to carry out the
program. (10 minutes)
481. Carbajal (CA), Bacon (NE), Takano (CA), Fitzpatrick
(PA): Adds the Federal Firefighters Fairness Act to the bill
(H.R. 2499), which would create the presumption that federal
firefighters who become disabled by certain serious diseases
contracted the illness on the job. (10 minutes)
482. Carbajal (CA): Reauthorizes the marine debris and
fishing vessel safety programs. (10 minutes)
483. Carter, Troy (LA), Evans (PA): Allows small businesses
to extend their participation in an SBA contracting program for
an additional year. (10 minutes)
484. 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)
485. Castro (TX): Grants the Office of Inspector General
for the U.S. International Development Finance Corporation
certain law enforcement authorities comparable to other
Inspectors General. (10 minutes)
486. Cicilline (RI), Jacobs, Sara (CA): Requires the
Department of Veterans Affairs (VA) to evaluate productivity
expectations for readjustment counselors of Vet Centers,
including by obtaining feedback from counselors that must be
audited annually for five years by the Government
Accountability Office. The VA must also develop and implement a
staffing model for Vet Centers, standardize descriptions of
position responsibilities at Vet Centers, and award grants to
address food insecurity among veterans and family members of
veterans who receive services through Vet Centers or other VA
facilities. (10 minutes)
487. Cicilline (RI), Bilirakis (FL), Deutch (FL),
Malliotakis (NY): Modifies Section 1316 subsection b of the
National Defense Authorization Act for Fiscal Year 2022 PL 117-
81 to include the House as part of the the Cyprus, Greece,
Israel, and the United States 3+1 Interparliamentary Group. (10
minutes)
488. Cleaver (MO): Establishes a grant program for states,
nonprofit organizations, and institutions of higher education
to promote diversity and inclusion in the appraisal profession.
(10 minutes)
489. Cohen (TN), Malinowski (NJ), Kaptur (OH): Extends the
statute of limitations for certain money laundering offenses to
provide DOJ with the time to prosecute cases against Russian
oligarchs who may be laundering and hiding assets in the United
States. (10 minutes)
490. Cohen (TN), Curtis (UT), Malinowski (NJ), Wilson, Joe
(SC), Slotkin (MI): Adds the Justice for Victims of Kleptocracy
Act, which directs the Department of Justice to create a
website that lists by country the amount of money that has been
stolen from the citizens of kleptocratic regimes and recovered
by US law enforcement. Adds the Foreign Corruption
Accountability Act, which authorizes visa bans on foreign
persons who use state power to engage in acts of corruption
against any private persons and publicly names them. (10
minutes)
491. Connolly (VA): Directs the United States to implement
a strategy to strengthen global health security, including by
requiring the President to create the Global Health Security
Agenda Interagency Review Council to implement the Global
Health Security Agenda. (10 minutes)
492. Connolly (VA), Malinowski (NJ), Ocasio-Cortez (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)
493. Connolly (VA), Hice (GA), Comer (KY): Codifies the
FedRAMP program and enhances it through: (1) Accelerating the
adoption of secure cloud solutions through reuse of assessments
and authorizations; (2) Achieving consistent security
authorizations using a baseline set of agreed-upon standards
for cloud product approval; and (3) Ensuring consistent
application of existing security practices. (10 minutes)
494. Connolly (VA), Hice (GA): Ensures that key
stakeholders and resources are not left out of the creation of
agency performance plans, the Performance Enhancement Reform
Act would amend Section 1115 of title 31, United States Code,
to: (1) Require agencies' Performance Improvement Officers,
where applicable, to work in consultation with other C-Suite
officials to prepare the annual performance plans; (2) Require
performance plans to include descriptions of human capital,
training, data and evidence, information technology, and skill
sets needed for the agency to meet the agency's performance
goals; and (3) Require performance plans to include
descriptions of technology modernization investments, system
upgrades, staff technology skills and expertise, stakeholder
input and feedback, and other resources and strategies needed
to meet the agency's performance goals. (10 minutes)
495. Connolly (VA): Reduces the sunset provision for
Section 5112(c) of the Department of State Authorization Act of
2021 (Division E of Public Law 117-81) from 2 years to 1 year.
(10 minutes)
496. Costa (CA), Fitzpatrick (PA), Kuster (NH), Brown (MD):
Reauthorizes the Victims of Child Abuse Act programs for
another five years, updates the statute to better reflect the
current program, and authorizes up to $40 million each fiscal
year for Children's Advocacy Centers (CACs) and their
associated support organizations. (10 minutes)
497. Crenshaw (TX), Pfluger (TX), Flores, Mayra (TX):
Expresses the sense of Congress that the People's Republic of
China is a fully industrialized nation and that all
international agreements that provide benefit to the PRC as a
``developing nation'' should be updated. (10 minutes)
498. Crenshaw (TX): Requires Sec. of State reporting on
what is needed to provide access to free and uncensored media
in the Chinese market. (10 minutes)
499. Dean (PA), Barr (KY): Expresses the sense of Congress
that the activities of transnational criminal organizations,
including the use of illicit economies, illicit trade, and
trade-based money laundering, pose a threat to the national
interests and national security of the United States and allies
and partners of the United States around the world. (10
minutes)
500. DeFazio (OR): Extends by 18 months a statutory
deadline included in the Disaster Recovery Reform Act. (10
minutes)
501. Demings (FL), Obernolte, Jay (CA), Carson (IN), Kelly,
Trent (MS), Bacon (NE): Establishes a program under the
Administrator of General Services which a Federal law
enforcement officer may purchase a retired handgun from the
Federal agency that issued the handgun to such officer, and
reduces the amount of potentially hazardous materials in
landfills and increases federal revenue. A purchase of a
retired handgun by a Federal law enforcement officer can take
place if: (1) the purchase is made during the 6-month period
beginning on the date the handgun was retired; (2) with respect
to such purchase, the officer has passed a background check
within 30 days of purchase under the national instant criminal
background check system established under the Brady Handgun
Violence Protection Act; and (3) with respect to such purchase,
the officer is in good standing with the Federal agency that
employs such officer. (10 minutes)
502. DeSaulnier (CA): Adds veteran status to the list of
demographic information that must be collected under the Home
Mortgage Disclosure Act. (10 minutes)
503. DeSaulnier (CA): Requires the VA to report to Congress
on how veterans and lenders are notified about the VA home loan
benefit to increase awareness about the program. (10 minutes)
504. Dingell (MI), LaHood (IL): Requires a report within 90
days of enactment that contains an evaluation of the
humanitarian situation in Lebanon, as well as the impact of the
deficit of wheat imports to the country due to Russia's further
invasion of Ukraine, initiated on February 24, 2022. (10
minutes)
505. Dingell (MI): Requires the GAO to conduct a study on
the efforts of the Department of Veterans Affairs relating to
post-market surveillance of implantable medical devices. (10
minutes)
506. Escobar (TX): Designates the Healing Garden located in
El Paso, Texas, honoring the victims of the August 3, 2019 mass
shooting, as the El Paso Community Healing Garden National
Memorial. (10 minutes)
507. Escobar (TX): Requires a study to be conducted to
track counterfeit items on the e-commerce platforms of the
General Services Administration. (10 minutes)
508. Espaillat (NY), Ruiz (CA), Correa (CA), Sanchez (CA):
Requires the Department of Homeland Security to issue a report
on cases involving noncitizen service members, veterans and
immediate family members of service members in order to connect
them with services and resources to assist military members,
veterans, and their families. Requires the GAO to update their
report ``GAO-19-416'' to identify progress made and actions
needed to better handle, identify and track cases involving
noncitizen veterans. (10 minutes)
509. Espaillat (NY): Requires that Veterans Affairs
Hospitals submit a Locality Pay Survey to ensure that VA nurse
pay stays competitive. (10 minutes)
510. Fitzgerald (WI), Mfume, Kweisi (MD): Strengthens SBA's
report on contract consolidation under Section 15(p)(4) of the
Small Business Act by requiring federal agencies to share
bundling data with the SBA. There is currently no statutory
requirement for federal agencies to share this data with the
SBA. (10 minutes)
511. Foster (IL): Adds Section 2 of the Strengthening
Cybersecurity for the Financial Sector Act, which would empower
the National Credit Union Administration (NCUA) to oversee the
cybersecurity practices of third party vendors employed by the
entities under their purview. (10 minutes)
512. Foxx (NC), Van Duyne (TX): Creates an Inspector
General for the Office of Management and Budget to bring
transparency and accountability to the agency. (10 minutes)
513. Frankel (FL), Buck (CO): Prohibits federal funding for
contracts or grants with companies that require employees to
sign predispute nondisclosure agreements covering sexual
harassment or assault as a condition of employment. (10
minutes)
514. Garamendi (CA): Inserts the text of the Berryessa Snow
Mountain National Monument Expansion Act (H.R. 6366). (10
minutes)
515. Garbarino (NY), Houlahan (PA), Slotkin (MI): Requires
the SBA to establish a program for certifying at least 5 or 10%
of the total number of employees of a small business
development center to provide cybersecurity planning assistance
to small businesses. (10 minutes)
516. Garbarino (NY), Torres, Ritchie (NY): Requires the
secretary of Veterans Affairs (VA) to carry out a program to
provide grants to certain veteran service organizations
affected by the COVID-19 pandemic. (10 minutes)
517. Garcia, Jesus (IL), Himes (CT): Directs the Treasury
Department to use the voice and vote of the United States at
the International Monetary Fund to support a one-year review of
the Fund's Surcharge Policy and a suspension of surcharges for
the duration of the review. The IMF requires countries to pay
surcharges on top of principal and interest for loans that are
judged overly large or held for too long, and many countries--
including Ukraine--owe tens of millions of dollars in
surcharges each month. The review should consider whether
surcharges effectively deter countries from borrowing,
encourage lending from China, or otherwise undermine the IMF's
mission. (10 minutes)
518. Garcia, Sylvia (TX), Kaptur (OH): Authorizes $30
million for the Small Shipyard Grant program and authorizes $30
million for the Centers of Excellence for domestic maritime
workforce training and education program to prepare the next
generation of maritime workers. (10 minutes)
519. Gonzales, Tony (TX), Kahele (HI), Bice (OK), Carbajal
(CA), Salazar (FL), Golden (ME), Jackson, Ronny (TX), Lee,
Susie (NV), Bacon (NE), Gottheimer (NJ), Pfluger (TX), Miller-
Meeks (IA), Meijer (MI), Taylor (TX), Kelly, Robin (IL),
Escobar (TX), Suozzi (NY), Waltz (FL), Luria (VA), Moulton
(MA), Valadao (CA), Feenstra (IA), Slotkin (MI), Crow (CO):
Establishes the National Digital Reserve Corps to allow private
sector cybersecurity, AI, and digital experts to work for the
federal government on a temporary basis. (10 minutes)
520. Gottheimer (NJ): Creates a Senior Investor Protection
Grant Program at the SEC to provide resources to States for the
purpose of hiring new investigative staff; making investments
in technology and training for law enforcement and regulators;
and to support activities to educate seniors on investment
fraud and scams. (10 minutes)
521. Gottheimer (NJ), Mast (FL): 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)
522. Gottheimer (NJ): Establishes a credit reporting
ombudsman at the CFPB to assist servicemen and veterans in
resolving credit reporting errors not resolved in a timely
manner by a credit reporting agency as well as to enhance
oversight of consumer reporting agencies and reporting any
violations of the law in relation to servicemen and veterans.
(10 minutes)
523. Gottheimer (NJ): Establishes the Senior Investor
Taskforce within the SEC to report and make recommendations to
Congress to address issues affecting investors over the age of
65, including problems associated with financial exploitation
and cognitive decline. (10 minutes)
524. Graves, Garret (LA): Corrects the implementation of
duplication of benefits (Sec. 1210 of P.L. 115-254) to conform
with Congressional Intent. (10 minutes)
525. 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)
526. Green, Al (TX), Thompson, Bennie (MS): Amends the NDAA
to strengthen the Department of Homeland Security's Office of
Civil Rights and Civil Liberties (CRCL) to ensure the
protection of individual rights for those affected by DHS
programs and activities. (10 minutes)
527. 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. This amendment also requires
HUD to revise its regulations to require jurisdictions that
receive funding from HUD to include information relating to
veterans in their consolidated plans. Finally, the amendment
requires HUD to assess the housing needs of very low-income
veteran families and report annually on its activities relating
to veterans. This amendment appropriates $1 million for the
administration of these changes and reports. (10 minutes)
528. Green, Al (TX), Courtney (CT): Creates a general fund
to be known as the ``Merchant Mariner Equity Compensation
Fund.'' (10 minutes)
529. Green, Al (TX): Requires the uniform residential loan
application to include a military service question. (10
minutes)
530. Green, Al (TX): Creates specified duties for market
makers and sets forth penalties for violations of those duties.
Specifically, the amendment establishes for market makers a
duty of trust and loyalty to the customer upon receipt of an
order and deems the information in the order as material, non-
public information. (10 minutes)
531. Guest (MS), Graves, Sam (MO): Removes barriers
preventing rural communities from using Economic Development
Authority (EDA) grants to expand access to high-speed broadband
internet. Implements modern approaches to economic development
and create new opportunities for individuals to work, attend
school, socialize, and access healthcare in every corner of our
country. (10 minutes)
532. Harder (CA), Fitzpatrick (PA): Expands eligibility for
Department of Veterans Affairs hospital care, medical services,
and nursing home care to include veterans of World War II who
are not already covered. (10 minutes)
533. Hill, French (AR), Boyle (PA), Levin, Mike (CA):
Requires the creation of an interagency to disrupt and
dismantle narcotics production and trafficking and affiliated
networks linked to the regime of Bashar al-Assad in Syria. (10
minutes)
534. Hill, French (AR), Posey (FL): Amends the Defense
Production Act to insert that the authorities under this Act
may be used to support the emergency production of medical
materials and drugs essential to national defense. (10 minutes)
535. Hill, French (AR), Sherman (CA): Prohibits the
Treasury Secretary from engaging in any transaction involving
the exchange of International Monetary Fund (IMF) Special
Drawing Right (SDR) assets held by Russia or Belarus, and
requires the U.S. representative to the IMF to use their voice
and vote to advocate for other IMF member countries to deny
these transactions as well. (10 minutes)
536. Himes (CT): Establishes an unambiguous statutory
prohibition on insider trading. (10 minutes)
537. Houlahan (PA), Gallagher (WI), Langevin (RI), Larsen,
Rick (WA), Brown (MD), Slotkin (MI), Crow (CO): Requires the
Secretary of Homeland Security, in consultation with the
Secretary of Veterans Affairs, to establish a pilot program to
provide cybersecurity training to eligible veterans and
military spouses. (10 minutes)
538. Houlahan (PA), Tenney, Claudia (NY): Amends the Small
Business Act to require the Small Business Administration to
report information about the number and total dollar amount of
contracts awarded under the Women-Owned Small Business Federal
Contracting program. (10 minutes)
539. Jacobs, Sara (CA): Modifies Department of State
reporting requirements on assistance provided under the
Peacekeeping Operations Account. (10 minutes)
540. Jayapal (WA), Malinowski (NJ): Requires the State
Department to prepare a report to Congress analyzing the
effects of government-ordered internet or telecommunications
shutdowns on human rights and global security. (10 minutes)
541. Jayapal (WA): Requires the Secretary of HUD to report
to Congress (House Financial Services Committee, Senate Banking
Housing and Urban Development Affairs) on the effectiveness and
success of ``Housing First'' strategies for reducing
homelessness within 180 days. The report will also highlight
and study barriers that people experiencing homelessness face
in securing permanent housing. (10 minutes)
542. Kahele (HI), Case (HI): Amends section 8020 of the
Department of Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006--the legislation that gave Native Hawaiian
Organizations (NHO)s sole-source eligibility above $4.5 million
for DoD contracts--by striking ``with agencies of the
Department of Defense'' and inserting ``with agencies and
departments of the Federal Government.'' Functionally, this
will put NHOs on equal footing with tribes and Alaska Native
Corporations (ANCs). (10 minutes)
543. Katko (NY), Pappas (NH), Gonzalez-Colon, Jenniffer
(PR), Garbarino (NY): Adds the text of the Preliminary Damage
Assessment (PDA) Improvement Act, which directs the Federal
Emergency Management Agency (FEMA) to report to Congress on
their efforts to assess damages in the aftermath of a disaster
and convenes an advisory panel to assist FEMA in improving
critical components of the damage assessment process. (10
minutes)
544. Katko (NY), Titus (NV), Gonzalez-Colon, Jenniffer
(PR), Moore (WI): Adds the text of the Small State and Rural
Rescue Act, which would codify the responsibilities of the
Federal Emergency Management Agency (FEMA) Small State and
Rural Advocate when assisting communities during the disaster
declaration process and require the Government Accountability
Office (GAO) to study FEMA's process for authorizing individual
assistance. (10 minutes)
545. 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)
546. Katko (NY), Crow (CO), Fitzpatrick (PA), Salazar (FL):
Provides for the Department of Labor to conduct a study on
obstacles to employment facing certain Afghan SIVs, Ukrainian
refugees, and other eligible populations legally present in the
United States. (10 minutes)
547. Keating (MA), Kaptur (OH): States that it is U.S.
policy to prevent Russia from joining the G7 or reconstituting
a G8 to include Russia, and states that no federal funds are
authorized to be appropriated or made available to support or
facilitate the participation of Russia in the G7 or any G8 to
be created with their inclusion. (10 minutes)
548. Keating (MA): Expresses a Sense of Congress calling
for the immediate release of Vladimir Kara-Murza and condemning
his unjust detention and indictment, expressing solidarity with
him and his family and all individuals in Russia imprisoned for
exercising their fundamental freedoms of speech, assembly, and
belief, urging the U.S. government to secure his immediate
release as well as the release of Navalny and other citizens
imprisoned for opposing the Putin regime and the war in
Ukraine, and calling on the President of the U.S. to increase
government support for those advocating for democracy and
independent media in Russia. (10 minutes)
549. Kilmer (WA): Removes the 180-day delay for hiring
military retirees into the military healthcare system, to
combat nationwide healthcare shortages and allow continued
uninterrupted service to Servicemembers, Veterans, and
beneficiaries. (10 minutes)
550. LaMalfa (CA), Graves, Sam (MO): Includes the text of
H.R. 539, which waives requirements for disaster victims to
repay FEMA for overpayments and duplication of benefits as a
result of agency error or survivor claims. (10 minutes)
551. Lamb (PA), Gonzalez-Colon, Jenniffer (PR), Golden
(ME): Ensures veterans' service-connected medical
qualifications and expertise are utilized by the VA and
civilian healthcare facilities to meet challenges during public
health emergencies. (10 minutes)
552. Lamb (PA), Waltz (FL), Golden (ME): Directs the
Secretary of Veterans' Affairs to establish a two-year pilot
program to employ veterans for projects of the Departments of
the Interior and Agriculture. (10 minutes)
553. Langevin (RI), Gallagher (WI): Requires the Department
of Homeland Security to designate Critical Technology Security
Centers to evaluate and test the security of technologies
essential to national critical functions. (10 minutes)
554. Langevin (RI): Designates certain critical
infrastructure entities as systemically important to the
continuity of national critical functions and establishes
unique benefits and requirements for such entities. Further
establishes an interagency council for critical infrastructure
cybersecurity coordination to facilitate harmonization of
future cybersecurity policy and requirements developed by
federal agencies. (10 minutes)
555. Levin, Andy (MI), Fitzpatrick (PA), Keating (MA),
Cicilline (RI), Speier (CA), Khanna (CA): Establishes a Sense
of Congress that companies must Stop Profits for Putin by
urging Americans to exercise their free speech right to boycott
companies operating in Russia that don't provide life-saving or
health-related goods and services to the Russian people,
condemning those companies still operating there, and
commending those companies that have suspended or withdrawn.
(10 minutes)
556. Levin, Andy (MI), Clarke, Yvette (NY), Demings (FL),
Khanna (CA), Carter, Troy (LA), Sires (NJ): Requires the
Secretary of State in consultation with the Secretary of
Commerce and the Attorney General to submit a report on arms
trafficking in Haiti on the number and category of U.S.-origin
weapons in Haiti, including those possessed by the Haitian
National Police and diverted outside of their control and those
illegally trafficked from the United States, among other
matters. (10 minutes)
557. Levin, Andy (MI), Clarke, Yvette (NY), Demings (FL),
Khanna (CA), Carter, Troy (LA), Sires (NJ): Establishes that it
is the sense of Congress that the security, freedom and well-
being of the people of Haiti are intertwined with that of the
people of the United States and that U.S. interests are not
served by an unstable, unsafe and undemocratic Haiti and makes
it the policy of the United States to support a Haitian-led
solution to the current crisis and that the Haitian people must
be empowered to choose their leaders and govern Haiti free from
foreign interference. (10 minutes)
558. Lieu (CA), Wilson, Joe (SC), Strickland (WA), Case
(HI), Titus (NV): Adds the text of H.R. 4526, City and State
Diplomacy Act, establishing within the Department of State the
Office of City and State Diplomacy, which shall coordinate
federal support for engagement by state and municipal
governments with foreign governments. (10 minutes)
559. Lieu (CA), Calvert (CA): Tasks the Government
Accountability Office with conducting a report on the
Department of Homeland Security's progress in evaluating space
as a sector of critical infrastructure and what gaps in space
coverage exist among the 16 current critical infrastructure
sectors. (10 minutes)
560. Lieu (CA), Weber (TX): Adds the text of H.R. 7940, the
Correctional Facility Disaster Preparedness Act, requiring the
Bureau of Prisons to submit to Congress an annual summary
report of disaster damage in order to improve oversight of
disaster readiness. (10 minutes)
561. Lynch (MA): Establishes OFAC Exchange within OFAC to
advance information sharing between law enforcement agencies,
national security agencies, financial institutions, and OFAC
and facilitate sanctions administration and enforcement
targeting foreign countries and regimes, terrorists,
international narcotics traffickers, and other threats to
national security, foreign policy, or the U.S. economy. (10
minutes)
562. Lynch (MA): Requires Secretary of Treasury to brief
Congress on the identification and analysis of Chinese
economic, commercial, and financial connections to Afghanistan
which fuel both Chinese and Taliban interests, to include
illicit financial networks involved in narcotics trafficking,
illicit financial transactions, official corruption, natural
resources exploitation, and terrorist networks. (10 minutes)
563. Mace (SC): Establishes safe harbor for Veterans
accessing State legal cannabis programs and protects VA
benefits already in place. (10 minutes)
564. Malinowski (NJ), Garbarino (NY), LaTurner (KS),
Langevin (RI), Slotkin (MI): Requires the Cybersecurity and
Infrastructure Security Agency (CISA) to maintain a publicly
available clearinghouse of resources concerning the
cybersecurity of commercial satellite systems. Also, requires
GAO to study and report on federal actions to support the
cybersecurity of commercial satellite systems, including with
respect to critical infrastructure sectors. (10 minutes)
565. Malinowski (NJ), DeFazio (OR), Khanna (CA), Norton
(DC), Beyer (VA), Levin, Andy (MI), Schiff (CA), Cohen (TN),
Lieu (CA), Kildee (MI), Dingell (MI): Requires Secretary of
State and DNI to report on additional entities tied to the
individuals listed in the ODNI report on parties responsible
for the Khashoggi murder. (10 minutes)
566. Malinowski (NJ), Wilson, Joe (SC), Lieu (CA), Titus
(NV): Requires the President to review certain credibly
reported 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)
567. Malinowski (NJ), Wild (PA), Jacobs, Sara (CA),
Houlahan (PA), Lieu (CA): Revises existing requirements on
congressional notifications on arms sales to include a
notification by the President at least 30 days prior to the
first and last shipment of a sale of defense articles pursuant
to requirements under the Arms Export Control Act. (10 minutes)
568. Malinowski (NJ), Porter (CA), Eshoo (CA), Castro (TX),
Khanna (CA): Requires a feasibility study from the Secretary of
Commerce and other departments on whether executive agencies
have the authority to suspend the acquisition of any foreign
surveillance company on the Entity List by a U.S. company
pending a review on the counterintelligence and national
security risks of the sale. (10 minutes)
569. Malinowski (NJ), Beyer (VA), Khanna (CA), Levin, Andy
(MI), Jacobs, Sara (CA), Lieu (CA), Kildee (MI), Dingell (MI):
Requires a report from the State Department on the status and
number of political prisoners in Egypt. (10 minutes)
570. Malinowski (NJ), Cohen (TN), Wilson, Joe (SC),
Cartwright (PA), Curtis (UT), Lieu (CA), Fitzpatrick (PA),
Phillips (MN), Meijer (MI), Kildee (MI), Crenshaw (TX),
Spanberger (VA), Cicilline (RI): Provides the President one-
time authorities to not just sanction Putin-connected cronies,
but to use their assets forfeited under criminal procedures
(e.g. money-laundering) to help rebuild Ukraine. (10 minutes)
571. Malinowski (NJ), Curtis (UT), Spanberger (VA), Titus
(NV), Wilson, Joe (SC), Cohen (TN), Fitzpatrick (PA): Sense of
Congress expressing desire for State Department and other
relevant agencies to use their voice and vote to remove Russia
from the Kimberley Process and requires a report from relevant
agencies on the implementation of sanctions on Russian diamond
companies by our allies and partners. (10 minutes)
572. Malinowski (NJ): Authorizes transfer of two excess
naval vessels to the Egyptian Navy, subject to certification
from the President that the Government of Egypt is not engaged
in activity subject to sanctions under the Countering America's
Adversaries Through Sanctions Act; that the Egyptian crews
operating the vessels have not committed human rights abuses;
and that the Government of Egypt is no longer unlawfully or
wrongfully detaining US nationals or lawful permanent
residents. (10 minutes)
573. Malinowski (NJ), Fitzpatrick (PA), Khanna (CA),
Tenney, Claudia (NY), Spanberger (VA), Salazar (FL), McCollum
(MN), Wittman (VA), Crenshaw (TX), Lieu (CA), Bice (OK), Waltz
(FL), Phillips (MN), Connolly (VA), Franklin (FL): Requires a
report from the State Department on the Iranian government's
use of digital surveillance and censorship of the internet, and
an assessment of whether alterations to existing general
licenses are needed to support Iranians access to the internet.
(10 minutes)
574. Malinowski (NJ): Authorizes funds for a State
Department program to provide money to rural and under-served
American universities to study Mandarin, Uyghur, Tibetan,
Cantonese, and other East Asian languages--named after Chinese
Nobel Prize-winning dissident Liu Xiaobo. (10 minutes)
575. Maloney, Carolyn (NY), Keller (PA), Comer (KY),
Slotkin (MI): Implements a tangible plan for the National
Archives and Records Administration to eliminate the backlog of
veterans' records requests at the National Personnel Records
Center, while allocating money to digitize records and
establish effective records retrieval infrastructure. (10
minutes)
576. Maloney, Carolyn (NY), McHenry (NC): Requires federal
financial regulatory agencies to adopt specified data standards
with respect to format, searchability, and transparency. All
data would be made available in an open-source format that is
electronically searchable, downloadable in bulk and without
license restrictions. (10 minutes)
577. Matsui (CA), Buck (CO): Permanently reauthorizes the
JACS program for the preservation and interpretation of the
U.S. confinement sites where Japanese Americans were detained
during World War II. (10 minutes)
578. McGovern (MA), Malinowski (NJ): Requires the State
Department's annual Country Reports on Human Rights include a
list of reports published by U.S. government agencies on the
status of internationally recognized human rights in the United
States. (10 minutes)
579. McGovern (MA): Extends the sunset on ``An Act to
prohibit the commercial export of covered munitions items to
the Hong Kong Police Force'' (Public Law 116-77). (10 minutes)
580. McGovern (MA), McKinley (WV), Pascrell (NJ),
Fitzpatrick (PA), Kirkpatrick (AZ), Neal (MA), Johnson, Dusty
(SD), Golden (ME), Leger Fernandez (NM): Eliminates the VA
Asset and Infrastructure Review Commission. (10 minutes)
581. McGovern (MA), Castro (TX): Strengthens monitoring,
reporting, oversight, and determinations on arms sales and
human rights. (10 minutes)
582. McMorris Rodgers (WA), Buchanan (FL): Amends
eligibility requirements for emergency care coverage when
servicemembers transition out of the service and onto VA care.
(10 minutes)
583. Meeks (NY), McCaul (TX): Provides for greater
congressional oversight of the State Department's rewards
program. (10 minutes)
584. Meeks (NY), Chabot (OH), Levin, Andy (MI): Authorizes
humanitarian assistance and civil society support, promotes
democracy and human rights, and imposes targeted sanctions with
respect to human rights abuses in Burma. (10 minutes)
585. 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)
586. Meng (NY), Taylor (TX), Kim, Young (CA): Urges the
U.S. Secretary of State to consult with South Korean officials
on potential opportunities to reunite Korean Americans with
family members in North Korea, including by video. Encourages
the Special Envoy on North Korean Human Rights Issues to work
with the Korean American community to identify those same
opportunities. (10 minutes)
587. Meng (NY), Case (HI), Tlaib (MI), Wild (PA),
Strickland (WA): Directs the VA to conduct an awareness
campaign regarding the types of fertility treatments,
procedures, and services that are available to veterans
experiencing issues with fertility, covered under the VA
medical benefits package. (10 minutes)
588. Meng (NY), Zeldin (NY): Ensures recipients of U.S. aid
provide safe and secure access to sanitation facilities, with a
special emphasis on women and girls, and vulnerable
populations. (10 minutes)
589. Mfume, Kweisi (MD), Van Duyne (TX): Extends the
deadline for the transfer of the certification process for the
Service-Disabled Veteran-Owned Small Business (SDVOSB) program
from the Department of Veterans Affairs to the Small Business
Administration. (10 minutes)
590. Neguse (CO): Establishes a Community Resilience and
Restoration Fund and competitive grant program administered by
the National Fish and Wildlife Foundation to conserve
restoration and resilience lands and help communities respond
to natural disasters and threats, and authorizes $100 million
per year for Fiscal Years 23-28. (10 minutes)
591. Neguse (CO), Lamborn (CO): Requires the Veterans
Benefits Administration (VBA) within the Department of Veterans
Affairs to update an ongoing national training program for
claims processors who review compensation claims for service-
connected post-traumatic stress disorder. Claims processors
will be required to participate in the training at least once a
year and the VBA would establish a formal process based on
identified processing error trends. (10 minutes)
592. Newman (IL), Salazar (FL): Amends the Small Business
Act to clarify that the HUBZone Price Evaluation Preference
applies to certain contracts. (10 minutes)
593. Ocasio-Cortez (NY): Provides support for international
initiatives to provide debt relief to developing countries with
unsustainable levels of debt. (10 minutes)
594. O'Halleran (AZ): Inserts the text of the Blackwater
Trading Post Land Transfer Act (H.R. 478), plus CERCLA
protections. (10 minutes)
595. Pappas (NH), Slotkin (MI), Fitzpatrick (PA), Posey
(FL): Creates a national database for service members and
veterans experiencing health problems possibly due to
contamination PFAS. Requires VA to publish and notify veterans
of updates on recent scientific developments on the effects of
PFAS exposure, availability of possible treatment options, and
information on what resources may be available to address their
health concerns. (10 minutes)
596. Payne, Jr. (NJ), Rose, John (TN), Garcia, Sylvia (TX),
Garcia, Jesus (IL), Maloney, Carolyn (NY), Davidson (OH),
Williams (GA): Adds the text of the bipartisan Payment Choice
Act, which protects the right to pay in cash at all retail
establishments for transactions under $2,000. (10 minutes)
597. Peters (CA), Meuser (PA): Codifies the Small Business
Procurement Scorecard in the Small Business Act and requires
additional information in them to provide more transparency
regarding the contracting programs. (10 minutes)
598. Phillips (MN), Fitzpatrick (PA), Castro (TX): Creates
an overseas rabies vaccine program to be administered by the
Department of State and the Centers for Disease Control and
Prevention (CDC) for the pets of U.S. government employees
assigned overseas (including uniformed military and Peace Corps
Volunteers) in the 113 countries from which the CDC banned dog
importation due to rabies concerns. Employees who elect to use
these services would reimburse the government for the cost.
This program would help keep America rabies free while also
enabling government employees to meet required rabies
regulations to bring their pets home. (10 minutes)
599. Phillips (MN), Fitzpatrick (PA), Castro (TX): Modifies
the Fly America Act to provide an exception for government
employees overseas trying to fly their pets home. If a Fly
America Act airline refuses to board a pet even with all the
proper paperwork, the employee can use the already appropriated
government funds to fly a non-Fly America Act airline and bring
their pets home. Cost of the pet transport remains the
responsibility of the employee. (10 minutes)
600. Phillips (MN): Relieves the prohibition on the State
Department from spending funds for building U.S. pavilions at
World Expositions temporarily until after the 2025 World
Exposition in Osaka Japan. (10 minutes)
601. Phillips (MN): Directs the U.S. Coast Guard to
establish a pilot program to issue AMBER Alert-style alerts to
the public to facilitate the public's cooperation in rendering
aid to distressed individuals on and under the high seas, on
and under the waters over which the U.S. has jurisdiction, and
imperiled by flood. The Coast Guard will operate this pilot
program within three different Coast Guard sectors in diverse
geographic regions across the country. (10 minutes)
602. Pressley (MA): Provides mental health support for
survivors and first responders after emergencies and disasters.
(10 minutes)
603. Ross (NC), Issa (CA): Adds the text of the IG Access
Act, which transfers responsibility for investigating certain
allegations of misconduct from the Department of Justice (DOJ)
Office of Professional Responsibility to the DOJ Office of the
Inspector General. (10 minutes)
604. Ruiz (CA), Welch (VT), Bilirakis (FL): Requires the
DOD and the VA to develop an informative outreach program for
servicemembers and their families transitioning home on
illnesses that may be related to toxic exposure, including
outreach with respect to new benefits, eligibility
requirements, timelines, and support programs. (10 minutes)
605. Ruiz (CA): Withdraws lands in the California desert
defined as conservation lands from prohibited uses as intended
under the John D. Dingell Jr Conservation, Management and
Recreation Act. (10 minutes)
606. Sablan (MP), Brownley (CA), San Nicolas (GU),
Radewagen (AS), Plaskett (VI), Gonzalez-Colon, Jenniffer (PR),
Kahele (HI), Case (HI), Gallego (AZ), Norton (DC), Brown (MD),
Fitzpatrick (PA), Bacon (NE), Titus (NV): Requires the
Department of Veterans Affairs (VA) to establish the Advisory
Committee on United States Outlying Areas and Freely Associated
States to provide advice and guidance to the VA on matters
relating to veterans residing in American Samoa, Guam, Puerto
Rico, the Commonwealth of the Northern Mariana Islands, the
U.S. Virgin Islands, the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
Among other duties, the committee must advise the VA on how to
improve its programs and services to better serve veterans
living in the listed areas. (10 minutes)
607. Salazar (FL), Horsford (NV), Newman (IL): 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)
608. Salazar (FL), Mfume, Kweisi (MD): Amends the Small
Business Administration's (SBA) nonmanufacturer rule waiver
process to ensure that small business contractors have the
maximum practicable opportunity to participate in the federal
supply chain. (10 minutes)
609. Sanchez (CA): Requires a report from the Secretary of
the VA in conjunction with the secretary of HUD to be sent
within one year to HVAC, FSC and all relevant parties related
to barriers that veterans who are members of protected classes
face in accessing housing programs. Additionally requires the
report to examine obstacles that veterans with multi-
generational/extended families face in accessing these
programs. (10 minutes)
610. Sanchez (CA): Requires a report from the Secretary of
the VA in coordination with the secretaries of HUD and DOL to
report on how often and what type of supportive services (such
as career transition and mental health services) are being
offered to and used by veterans, and additionally requires the
report to include data on how many veterans fall back into
housing insecurity after receiving supportive services. (10
minutes)
611. Schiff (CA), Pallone (NJ), Speier (CA), Schakowsky
(IL), Costa (CA), Cardenas (CA), Beyer (VA), Malinowski (NJ),
Krishnamoorthi (IL), Bilirakis (FL), Clark, Katherine (MA),
Spanberger (VA), Lofgren (CA), Chu (CA), Eshoo (CA), Titus
(NV), Sanchez (CA), Levin, Andy (MI), Tlaib (MI), Langevin
(RI), Valadao (CA), Lesko (AZ), Lieu (CA), Dingell (MI),
Lawrence (MI), Kim, Young (CA), Slotkin (MI): 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)
612. Schiff (CA): 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)
613. Schiff (CA): Requires the GAO to conduct a study and
issue a report on the implementation of the Daniel Pearl
Freedom of the Press Act of 2009. (10 minutes)
614. Schiff (CA): Calls on the Islamic Republic of Iran to
immediately end violations of the human rights, and facilitate
the unconditional, immediate release of political prisoners and
prisoners of conscience and authorizes the Secretary of State
to continue to provide assistance to civil society
organizations that support political prisoners and prisoners of
conscience. (10 minutes)
615. Schiff (CA), Courtney (CT), Armstrong (ND): 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)
616. Schneider (IL), Fleischmann (TN): Expresses a sense of
Congress reiterating Congress's commitment to ensuring Iran
will never acquire a nuclear weapon and condemning Iran for its
lack of cooperation with the IAEA on the unresolved matter of
uranium particles discovered at undeclared sites in Iran. (10
minutes)
617. Schrier (WA): Directs the Secretary of Defense, in
collaboration with the Administrator of the Federal Aviation
Administration and the Under Secretary of Commerce for Oceans
and Atmosphere, to assess and develop a plan to maximize the
functionality of the automated surface observing systems across
the agencies. Also requires a report to Congress on the
findings of the assessment and implementation plan. (10
minutes)
618. Scott, Bobby (VA): Transfers NOAA property in Norfolk,
Virginia to the City of Norfolk not later than the earlier of
a) the date that employees have been transferred or b) 5 years
after the date of enactment. (10 minutes)
619. Sherman (CA): Requires China-based issuers of
securities which fulfill certain exemptions from registration
with the Securities and Exchange Commission (SEC) to submit
basic information to the SEC regarding the issuer. (10 minutes)
620. Sherman (CA): Requires a U.S. financial institution to
ensure any entity or person owned or controlled by such
institution comply with U.S. financial sanctions applicable to
Russia or Belarus to the same extent required of that
institution. (10 minutes)
621. Sherman (CA): Modifies requirements for appraisers of
Federal Housing Administration-insured mortgages by allowing an
appraiser for a mortgage for single-family housing to be state-
licensed rather than state-certified to meet requirements.
Provides specified educational requirements for appraisers for
mortgages for single-family housing. (10 minutes)
622. Sherrill (NJ), Jeffries (NY), Moore, Blake (UT),
Reschenthaler (PA), Armstrong (ND), Fitzpatrick (PA), Bacon
(NE), Bice (OK), Scott, Bobby (VA), Horsford (NV), Trone (MD):
Amends the bill to include a provision eliminating the federal
sentencing disparity between drug offenses involving crack
cocaine and powder cocaine. (10 minutes)
623. Slotkin (MI), Sherrill (NJ), Meijer (MI), Lee, Susie
(NV), Wilson, Joe (SC), Fitzpatrick (PA), Kaptur (OH), Mace
(SC): Closes a loophole that allowed Russia to use its gold
reserves to circumvent sanctions. The amendment authorizes the
President to sanction individuals who knowingly participate in
a transaction involving the sale, supply, or transfer
(including transportation) of gold, directly or indirectly, to
Russia. (10 minutes)
624. Slotkin (MI), Waltz (FL), Bacon (NE): Requires the
State Department to surge capacity to process Afghan special
immigrant visas and P1, P2 visa applications. ``Surge
capacity'' can include sending additional consular personnel to
embassies and consulates in the region processing Afghan visas.
(10 minutes)
625. Smith, Christopher (NJ), Norcross (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)
626. Spanberger (VA), Gonzalez, Anthony (OH): Requires the
Treasury Department to study and issue a report that assesses
the effects of reforms to the financial sector of the People's
Republic of China on the US and global financial system,
describes the US government's policies to protect US interests
during these financial system reforms, analyzes risks to U.S.
financial stability and the global economy emanating from the
People's Republic of China, and provides recommendations for
further actions the US government can take to strengthen
international cooperation to monitor and mitigate financial
risks. (10 minutes)
627. Spanberger (VA), Garbarino (NY): Requires the
Secretary of Homeland Security to research additional
technological solutions to target and detect illicit fentanyl
and its precursors, enhance targeting of counterfeit pills and
illicit pill presses through nonintrusive, noninvasive, and
other visual screening technologies, and enhance data-driven
targeting to increase seizure rates of fentanyl and its
precursors. Requires the Secretary of Homeland Security to work
with other agencies involved in fentanyl interdiction to
collect data and develop metrics to measure the effectiveness
of current technologies and strategies deployed to detect,
deter, or address illicit fentanyl and its precursors being
trafficking into the US. Requires the Secretary of Homeland
Security to report to Congress on the current technologies
deployed at US borders and their effectiveness at detecting,
deterring, and addressing fentanyl, a cost-benefit analysis of
such technologies, and how this analysis is used in technology
procurement decisions. (10 minutes)
628. Speier (CA), Schakowsky (IL): Strengthen the
requirement for contractors with more than $10 million in
contracts to report beneficial ownership by closing a loophole,
establishing penalties for noncompliance, and requiring the
General Services Administration to report to Congress on
implementation. (10 minutes)
629. Speier (CA): Requires GAO to conduct a study on
government contractors that supply goods to executive agencies
using distributors or other intermediaries and the impact of
this practice on the ability of the U.S. government to acquire
needed goods at reasonable prices. (10 minutes)
630. Speier (CA), Moore (WI), Garcia, Sylvia (TX), Clark,
Katherine (MA), Escobar (TX), Kuster (NH): Requires OPM to
create a supplement to the Federal Employee Viewpoint Survey to
assess federal employee experiences with harassment and
discrimination. (10 minutes)
631. Speier (CA), Katko (NY): Addresses the nonconsensual
sharing of intimate images. (10 minutes)
632. Stauber (MN), Peters (CA): Allows small businesses to
request an equitable adjustment to the contracting officer if
the contracting officer places a change order without the
agreement of the small business. Requires the federal
government to pay at least 50% of cost occurred from the change
order upon receipt of the equitable adjustment. (10 minutes)
633. Steube (FL), Langevin (RI), Posey (FL), Crenshaw (TX):
Waives the application fee for any special use permit for
veterans' demonstrations and special events at war memorials on
Federal land. (10 minutes)
634. Strickland (WA): Adds a finding encouraging FEMA to
study integrating collapsible shelters for appropriate non-
congregate sheltering needs into the disaster preparedness
stockpile. (10 minutes)
635. Strickland (WA), Garcia, Jesus (IL), Cohen (TN), Dean
(PA), Houlahan (PA), Neguse (CO): Includes the definition of
Transportation Demand Management (TDM) in the NDAA so that
these projects can be eligible for federal funds. (10 minutes)
636. Strickland (WA), Kilmer (WA), Graves, Garret (LA),
Speier (CA): Codifies the federal task force for Puget Sound
and establishes a Puget Sound Recovery National Program Office
within the Environmental Protection Agency, establishes a San
Francisco Bay Program Office within the Environmental
Protection Agency that awards grants to advance conservation,
climate change adaptation, and water quality improvement
projects for the San Francisco Bay estuary, and reauthorizes
the Lake Pontchartrain Basin Restoration Program. (10 minutes)
637. Takano (CA), Chu (CA), Fitzpatrick (PA), Strickland
(WA), Gottheimer (NJ), Kim (NJ): Expands access to hospital and
domiciliary care and medical services to South Korean veterans
now living in the United States who served as a member of the
Korean Armed Forces during the Vietnam War under VA's existing
authority to serve allied beneficiaries. (10 minutes)
638. Tlaib (MI): Directs the Department of Housing and
Urban Development (HUD) to report on barriers to making Federal
Housing Administration (FHA) single-family mortgage insurance
available for small dollar mortgages. Specifically, HUD must
report on policies, practices, and products used by the FHA and
actions that will be taken to remove such barriers. (10
minutes)
639. Torres, Norma (CA), Porter (CA): Reinstates standard
Congressional Notification procedures for the export of certain
items to foreign countries. (10 minutes)
640. Torres, Norma (CA), Carson (IN), Welch (VT),
Fitzpatrick (PA): Requires the Dir. of OMB to categorize public
safety telecommunicators as a protective service occupation
under the Standard Occupational Classification System. (10
minutes)
641. Torres, Ritchie (NY), Stevens (MI), Meijer (MI),
Gonzalez, Anthony (OH): Inserts the text of H.R. 7077,
Empowering the U.S. Fire Administration Act. (10 minutes)
642. Torres, Ritchie (NY), Gonzalez-Colon, Jenniffer (PR):
Requires a report on Puerto Rico's progress toward rebuilding
the electric grid and detailing the efforts the Federal
Government is undertaking to expedite such rebuilding, and for
other purposes. (10 minutes)
643. Torres, Ritchie (NY): Requires U.S. companies to
publicly disclose if they have business ties to Russia. (10
minutes)
644. Torres, Ritchie (NY): Requires financial institutions
to report certain credit application data to the Consumer
Financial Protection Bureau for the purposes to enforcing fair
lending laws. (10 minutes)
645. Trahan (MA), Cicilline (RI): Directs the State
Department negotiate an agreement on a multilateral basis with
countries that are allies or partners of the United States,
including countries that are members of the Group of Seven
(G7), to establish an independent international center for
research on the information environment. This international
collaboration will enable understanding and measure the impacts
of influence operations efforts aimed at undermining or
influencing the policies, security, or stability of the United
States and countries that are allies or partners of the United
States and to gain understanding and measure the impacts of the
content moderation, product design decisions, and algorithms of
online platforms on society. (10 minutes)
646. Trone (MD): Prioritizes efforts of the Department of
State to combat international trafficking in covered synthetic
drugs. (10 minutes)
647. Van Duyne (TX), Flores, Mayra (TX): Requires the
Government Accountability Office to study and report on the
amount of small business assistance that has been received by
foreign-based small businesses during the period beginning on
March 1, 2020, and ending on the bill's date of enactment. (10
minutes)
648. Vargas (CA): Expands certain authorities under the
Defense Production Act of 1950 (DPA) and authorizes the
President and federal agencies to take specific actions to
support the production of critical medical supplies during a
nationwide emergency declaration. (10 minutes)
649. Wagner (MO): Requires the Department of the Treasury,
the Securities and Exchange Commission, and the Board of
Governors of the Federal Reserve System to take all necessary
steps to exclude Russian government officials from certain
international meetings. (10 minutes)
650. Wild (PA), Malinowski (NJ), Khanna (CA): States that
no funding to the Department of State can be made available to
the Philippines National Police until the Administration has
certified that the Philippines government is meeting basic
human rights standards. (10 minutes)
SUMMARY OF THE AMENDMENT TO H.R. 8297 IN PART B CONSIDERED AS ADOPTED
1. Pallone (NJ): Changes the short title of the bill.
PART A--TEXT OF AMENDMENTS TO H.R. 7900 MADE IN ORDER
1. An Amendment To Be Offered by Representative Schiff of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. 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.''.
----------
2. An Amendment To Be Offered by Representative Jones of New York or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle F of title VIII the following new
section:
SEC. 8__. PROHIBITION ON CONTRACTING WITH EMPLOYERS THAT VIOLATED THE
NATIONAL LABOR RELATIONS ACT.
(a) Prohibition.--Except as provided in subsection (b), the
Secretary of Defense may not enter into a contract with an
employer found to have violated section 8(a) of the National
Labor Relations Act (29 U.S.C. 158) during the three-year
period preceding the proposed date of award of the contract.
(b) Exceptions.--The Secretary of Defense may enter into a
contract with a employer described in subsection (a) if--
(1) before awarding a contract, such employer has
settled all violations described under subsection (a)
in a manner approved by the National Labor Relations
Board and the employer is in compliance with the
requirements of any settlement relating to any such
violation; or
(2)(A) each employee of such employer is represented
by a labor organization for the purposes of collective
bargaining; and
(B) such labor organization certifies to the
Secretary that the employer--
(i) is in compliance with any relevant
collective bargaining agreement on the date on
which such contract is awarded and will
continue to preserve the rights, privileges,
and benefits established under any such
collective bargaining agreement; or
(ii) before, on, and after the date on which
such contract is awarded, has bargained and
will bargain in good faith to reach a
collective bargaining agreement.
(c) Definitions.--In this section, the terms ``employer'',
``employee'', and ``labor organization'' have the meanings
given such terms, respectively, in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(d) Applicability.--This section and the requirements of this
section shall apply to a contract entered into on or after
September 30, 2023.
----------
3. An Amendment To Be Offered by Representative Schakowsky of Illinois
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title VIII the following:
SEC. 8__. PREFERENCE FOR OFFERORS THAT MEET CERTAIN REQUIREMENTS.
(a) In General.--Chapter 241 of title 10, United States Code,
is amended by adding at the end the following new section:
``SEC. 3310. PREFERENCE FOR OFFERORS THAT MEET CERTAIN REQUIREMENTS.
``(a) In General.--In awarding contracts for the procurement
of goods or services, the Secretary of Defense shall prioritize
offerors that meet any of the following qualifications:
``(1) The offeror has entered into an agreement--
``(A) with a labor organization;
``(B) that provides the manner in which the
offeror will--
``(i) act with respect to lawful
efforts by such labor organization to
organize the employees of such offeror,
including an agreement that the offeror
will not assist, deter, or promote such
efforts; and
``(ii) engage in collective
bargaining with such labor
organization; and
``(C) that is effective for the duration of
the contract to be awarded.
``(2) The offeror has entered into an agreement with
a majority of the employees of the offeror or a labor
organization, effective for the duration of the
contract to be awarded, not to hire individuals to
replace any employee of the offeror engaged in any
strike, picketing, or other concerted refusal to work
or to close a business in response to such a strike,
picketing, or other refusal to work.
``(3) The offeror has a collective bargaining
agreement with a labor organization or a majority of
the employees of the offeror.
``(b) Prioritization Order.--The Secretary of Defense shall
further prioritize an offeror under subsection (a) for each
qualification described in such subsection that such offeror
meets.
``(c) Application.--The prioritization required under this
section shall--
``(1) be applied after any other preference or
priority applicable to the award of the contract;
``(2) be accorded weight that is not less than such
other preference or priority; and
``(3) not be construed as superseding or replacing
any such other preference or priority.
``(d) Rule of Construction.--Nothing in this section shall be
construed to preempt, displace, or supplant any provision of
the National Labor Relations Act (29 U.S.C. 151 et seq.).
``(e) Employee; Employer; Labor Organization Defined.--In
this section, the terms `employee', `employer', and `labor
organization' have the meanings given such terms in section 2
of the National Labor Relations Act (29 U.S.C. 152).''.
(b) Clerical Amendment.--The table of sections for Chapter
241 of title 10, United States Code, is amended by adding at
the end the following new item:
``3310. Preference for offerors that meet certain requirements.''.
(c) Applicability.--This section and the amendments made by
this section shall apply only with respect to contracts entered
into on or after the date of the enactment of this Act.
----------
4. An Amendment To Be Offered by Representative Kim of New Jersey or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title XXVIII the following
new section:
SEC. 28__. LOCAL HIRE REQUIREMENTS FOR MILITARY CONSTRUCTION CONTRACTS.
(a) Local Hire Requirements.--
(1) In general.--To the extent practicable, in
awarding a covered contract, the Secretary concerned
(as defined in section 101 of title 10, United States
Code) shall give a preference to a person who certifies
that at least 51 percent of the total number of
employees hired to perform the covered contract
(including any employees hired by a subcontractor (at
any tier) for such covered contract) shall reside in
the same State as, or within a 60-mile radius of, the
location of the work to be performed pursuant to the
covered contract.
(2) Justification required.--The Secretary 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,
for the award of any covered contract to a person that
is not described under paragraph (1).
(b) Licensing.--A contractor and any subcontractors (at any
tier) performing a covered contract shall be licensed to
perform the work under such covered contract in the State in
which the work will be performed.
(c) 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 section 2851(c)(1) of title 10, United
States Code.
----------
5. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes
At the end of subtitle E 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.
----------
6. An Amendment To Be Offered by Representative Escobar of Texas or Her
Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. AVAILABILITY OF INFORMATION REGARDING PROCUREMENT OF
EQUIPMENT BY STATE AND LOCAL GOVERNMENTS THROUGH
THE DEPARTMENT OF DEFENSE.
Section 281 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (f) the following
new subsection:
``(d) Availability of Information.--(1) The Secretary, in
coordination with the Administrator of General Services, shall
establish and maintain a publicly available internet website
that provides up-to-date and comprehensive information, in a
searchable format, on the purchase of equipment under the
procedures established under subsection (a) and the recipients
of such equipment.
``(2) The information required to be made publicly available
under paragraph (1) includes all unclassified information
pertaining to such purchases, including--
``(A) the catalog of equipment available for purchase
under subsection (c);
``(B) for each purchase of equipment under the
procedures established under subsection (a)--
``(i) the recipient State or unit of local
government;
``(ii) the purpose of the purchase;
``(iii) the type of equipment;
``(iv) the cost of the equipment; and
``(v) the administrative costs under
subsection (b); and
``(C) other information the Secretary determines is
necessary.
``(3) The Secretary shall update the information included on
the internet website required under paragraph (1) on a
quarterly basis.''.
----------
7. An Amendment To Be Offered by Representative Brownley of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, add the following:
SEC. 5__. SENSE OF CONGRESS REGARDING WOMEN INVOLUNTARILY SEPARATED
FROM THE ARMED FORCES DUE TO PREGNANCY OR
PARENTHOOD.
(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.--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.
(c) 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.
----------
8. An Amendment To Be Offered by Representative Escobar of Texas or Her
Designee, Debatable for 10 Minutes
At the end of subtitle E of title V, add the following new
section:
SEC. 5__. TIME LIMIT FOR PROCESSING CERTAIN ADMINISTRATIVE COMPLAINTS.
(a) In General.--Chapter 80 of title 10, United States Code,
is amended by inserting after section 1561b the following new
section:
``Sec. 1561c. Processing a harassment or military equal opportunity
complaint
``(a) Time Limit.--An official authorized to take final
action on a complaint from a member of the armed forces of
harassment or prohibited discrimination shall ensure the
procedures and requirements for the complaint are completed
within 180 days after the date on which any supervisor or
designated office received the complaint.
``(b) Judicial Review.--
``(1) Pursuant to section 706(1) of title 5, United
States Code, a member of the armed forces may seek an
order in a court of the United States directing the
Secretary concerned to take final action or provide a
written explanation no later than 30 days after the
court enters its order, if an authorized official does
not--
``(A) take final action on a complaint under
subsection (a) within 180 days; or
``(B) provide the member a written
explanation of the final action taken on a
complaint under subsection (a).
``(2) Pursuant to section 706(2) of title 5, United
States Code, and no later than 30 days after a member
of the armed forces receives a written explanation of
the final action taken on a complaint under subsection
(a), the member may seek review of the action in a
court of the United States.
``(c) Report.--Not later than April 1 each year, the
Secretary concerned shall submit to the appropriate
congressional committees a report of the total number of court
orders sought under subsection (b) and orders granted by such
courts.
``(d) Definitions.--In this section:
``(1) The term `appropriate congressional committees'
means the following:
``(A) The Committee on Armed Services of the
House of Representatives.
``(B) The Committee on Armed Services of the
Senate.
``(C) The Committee on Transportation and
Infrastructure of the House of Representatives.
``(D) The Committee on Commerce, Science, and
Transportation of the Senate.
``(2) The term `complaint' means an allegation or
report of harassment or prohibited discrimination.
``(3) The term `designated office' means a military
equal opportunity office or an office of the inspector
general or staff judge advocate, and any other
departmental office authorized by the Secretary
concerned to receive harassment and prohibited
discrimination complaints.
``(4) The term `harassment' means behavior that is
unwelcome or offensive to a reasonable person, whether
oral, written, or physical, that creates an
intimidating, hostile, or offensive environment.
``(5) The term `prohibited discrimination' means
unlawful discrimination, including disparate treatment,
of an individual or group on the basis of race, color,
national origin, religion, sex (including pregnancy),
gender identity, or sexual orientation.
``(6) The term `member of the armed forces' means a
member of an armed force serving on active duty.
``(7) The term `supervisor' means a member of the
armed forces in charge or command of other members of
the armed forces or a civilian employee (as defined in
section 2105 of title 5, United States Code) authorized
to direct and control service members.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1561b the following new item:
``1561c. Processing a harassment or military equal opportunity
complaint.''.
____________________________________________________
9. An Amendment To Be Offered by Representative Levin of California or
His Designee, Debatable for 10 Minutes
Page 398, after line 17, insert the following new section:
SEC. 599. ARMED FORCES WORKPLACE AND GENDER RELATIONS SURVEYS.
Subsection (c) of section 481 of title 10, United States
Code, is amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) Indicators of the assault (including unwanted
sexual contact) that give reason to believe that the
victim was targeted, or discriminated against, or both,
for a real or perceived status in a minority group
based on race, color, national origin, religion, sex
(including gender identity, sexual orientation, or sex
characteristics), and any other factor considered
appropriate by the Secretary.''.
----------
10. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee, Debatable for 10 Minutes
Page 788, line 12, strike ``and''.
Page 788, line 16, strike the period and insert ``; and''.
Page 788, beginning line 17, insert the following:
(C) a description of efforts to prevent
civilian harm and human rights violations.
----------
11. An Amendment To Be Offered by Representative Khanna of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, insert the following:
SEC. 10__. REPORT ON DEPARTMENT OF DEFENSE PRACTICES REGARDING
DISTINCTION BETWEEN COMBATANTS AND CIVILIANS IN
UNITED STATES MILITARY OPERATIONS.
(a) Report.--The Secretary of Defense shall seek to enter
into an agreement with a federally funded research and
development center to conduct an independent report on
Department of Defense practices regarding distinguishing
between combatants and civilians in United States military
operations.
(b) Elements.--The report required under subsection (a) shall
include the following matters:
(1) A description of how the Department of Defense
and individual members of the Armed Forces have
differentiated between combatants and civilians in both
ground and air operations since 2001, including in
Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen,
including--
(A) relevant policy and legal standards and
how these standards were implemented in
practice;
(B) target engagement criteria; and
(C) whether military-aged males were
presumptively targetable.
(2) A description of how the Department of Defense
has differentiated between combatants and civilians
when assessing allegations of civilian casualties since
2001, including in Afghanistan, Iraq, Syria, Somalia,
Libya, and Yemen, including--
(A) relevant policy and legal standards and
the factual indicators these standards were
applied to in assessing claims of civilian
casualties; and
(B) any other matters the Secretary of
Defense determines appropriate.
(c) Submission of Report.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth an unaltered copy of the assessment under this
section, together with the views of the Secretary on the
assessment.
(d) Definition of United States Military Operation.--In this
section, the term ``United States military operations''
includes any mission, strike, engagement, raid, or incident
involving United States Armed Forces.
----------
12. An Amendment To Be Offered by Representative Khanna of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. RESOURCES TO IMPLEMENT DEPARTMENT OF DEFENSE POLICY ON
CIVILIAN HARM IN CONNECTION WITH UNITED STATES
MILITARY OPERATIONS.
(a) Purpose.--The purpose of this section is to facilitate
fulfillment of the requirements 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).
(b) Personnel.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall do the
following:
(1) Assign within each of the United States Central
Command, the United States Africa Command, the United
States Special Operations Command, the United States
European Command, the United States Southern Command,
the United States Indo-Pacific Command, and the United
States Northern Command not fewer than two personnel
who shall have primary responsibility for the following
in connection with military operations undertaken by
such command:
(A) Providing guidance and oversight relating
to prevention of and response to harm to
civilians, promotion of observance of human
rights, and the protection of civilians and
civilian infrastructure, including ensuring
implementation of the policy of the Department
of Defense on harm to civilians resulting from
United States military operations.
(B) Overseeing civilian harm prevention,
mitigation, and response functions on behalf of
the commander of such command.
(C) Receiving reports of harm to civilians
and conducting assessments and investigations
relating to such harm.
(D) Analyzing incidents and trends with
respect to harm to civilians, identifying
lessons learned, and ensuring that lessons
learned are incorporated into updated command
guidance and practices.
(E) Offering condolences and amends for harm
to civilians, including ex gratia payments.
(F) Ensuring the integration of activities
relating to civilian harm prevention,
mitigation, and response, the protection of
civilians, and promotion of observance of human
rights in security cooperation activities.
(G) Working with the Center for Excellence
established under section 184 of title 10,
United States Code, as added by section 1085.
(H) Consulting with non-governmental
organizations on civilian harm and human rights
matters.
(2) Assign within the Office of the Under Secretary
of Defense for Policy not fewer than two personnel who
shall have primary responsibility for implementing and
overseeing implementation by the components of the
Department of Defense of Department policy on harm to
civilians resulting from United States military
operations.
(3) Assign within the Joint Staff not fewer than two
personnel who shall have primary responsibility for the
following:
(A) Overseeing implementation by the
components of the Department of Defense of
Department policy on harm to civilians
resulting from United States military
operations.
(B) Developing and sharing in the
implementation of such policy.
(C) Communicating operational guidance on
such policy.
(c) Training, Software, and Other Requirements.--
(1) In general.--In each of fiscal years 2023 through
2025, the Secretary of Defense and each Secretary of a
military department may obligate and expend, from
amounts specified in paragraph (2), not more than
$5,000,000 for the following:
(A) Training related to civilian harm
prevention, mitigation, and response.
(B) Information technology equipment, support
and maintenance, and data storage, in order to
implement the policy of the Department relating
to harms to civilians resulting from United
States military operations as required by
section 936 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019.
(2) Funds.--The funds for a fiscal year specified in
this subparagraph are funds as follows:
(A) In the case of the Secretary of Defense,
amounts authorized to be appropriated for such
fiscal year for operation and maintenance,
Defense-wide.
(B) In the case of a Secretary of a military
department, amounts authorized to be
appropriated for such fiscal year for operation
and maintenance for the components of the Armed
Forces under the jurisdiction of such
Secretary.
----------
13. An Amendment To Be Offered by Representative Lee of California or
Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title X, insert the following:
SEC. 10__. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED FOR
DEPARTMENT OF DEFENSE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) many of the most urgent threats to the national
security of the United States are not military in
nature;
(2) the Federal budget should reflect the national
priorities of the United States; and
(3) in order to better protect the security of all
people and address the national priorities of the
United States, the budget of the Department of Defense
should be reduced and the associated savings should be
reallocated.
(b) Reduction in Amounts Authorized to Be Appropriated for
the Department of Defense for Fiscal Year 2023.--
(1) In general.--The amount authorized to be
appropriated for the Department of Defense for 2023
is--
(A) the aggregate amount appropriated for the
Department of Defense for fiscal year 2022 in
division C of the Consolidated Appropriations
Act, 2022 (Public Law 117-103), reduced by
(B) $100,000,000,000.--
(2) Funding for certain accounts.--The amount
authorized to be appropriated for each of the following
accounts of the Department of Defense shall be the
amount authorized to be appropriated for such account
for fiscal year 2022:
(A) The Defense Health Program.
(B) Each military personnel account.
(C) Each account providing for pay and
benefits for persons appointed into the civil
service as defined in section 2101 of title 5,
United States Code.
(3) Application of funding cuts.--In reducing funding
for Department of Defense programs in accordance with
subsection (a), the Secretary of Defense shall take
into consideration the findings and recommendations
contained in the Congressional Budget Office report
entitled ``Illustrative Options for National Defense
Under a Smaller Defense Budget'' and dated October
2021.
----------
14. 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.
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 $36,987,247,000, to
be derived from the amounts, and from the corresponding
accounts, as specified by amendment number 2468 offered by Mr.
Golden during the mark-up session of the Committee on Armed
Services of the House of Representatives on June 22, 2022.
Strike sections 113, 615, 1030, 1031, 1075, and 1107.
Strike title XXIX.
----------
15. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title X the following new
section:
SEC. 10__. REPEAL OF PROVISIONS RELATING TO UNFUNDED PRIORITIES.
(a) The Armed Forces and the Missile Defense Agency.--Chapter
9 of title 10, United States Code, is amended as follows:
(1) Section 222a is repealed.
(2) Section 222b is repealed.
(3) In the table of sections at the beginning of the
chapter, strike the items relating to sections 222a and
222b.
(b) Laboratory Military Construction Projects.--Section 2806
of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 222a note) is repealed.
----------
16. An Amendment To Be Offered by Representative Smith of Washington or
His Designee, Debatable for 10 Minutes
Strike section 1031.
At the end of subtitle A of title X, insert the following:
SEC. 10__. FUNDING INCREASES AND REDUCTIONS.
(a) Funding Reduction.--Notwithstanding the amounts set forth
in the funding tables in division D--
(1) The amount authorized to be appropriated in
section 101 for Aircraft Procurement, Navy, as
specified in the corresponding funding table in section
4101, for MQ-8 UAV, Line 021, is hereby reduced by
$21,000,000 from the funds made available for costs
associated with restoring 5 LCS.
(2) The amount authorized to be appropriated in
section 101 for Aircraft Procurement, Navy, as
specified in the corresponding funding table in section
4101, for MQ-8 Series, Line 057, is hereby reduced by
$7,300,000 from the funds made available for costs
associated with restoring 5 LCS.
(3) The amount authorized to be appropriated in
section 101 for Aircraft Procurement, Navy, as
specified in the corresponding funding table in section
4101, for Spares and Repair Parts, Line 068, is hereby
reduced by $1,200,000 from the funds made available for
costs associated with restoring 5 LCS.
(4) The amount authorized to be appropriated in
section 421 for Military Personnel, as specified in the
corresponding funding table in section 4401, is hereby
reduced by $89,600,000 from the funds made available
for Military Personnel, Navy--Restore Navy Force
Structure Cuts (Manpower).
(5) The amount authorized to be appropriated in
section 301 for Operations and Maintenance, Navy, as
specified in the corresponding funding table in section
4301, for Mission and Other Flight Operations, Line
010, is hereby reduced by $6,000,000 from the funds
made available for costs associated with restoring 5
LCS.
(6) The amount authorized to be appropriated in
section 301 for Operations and Maintenance, Navy, as
specified in the corresponding funding table in section
4301, for Aircraft Depot Maintenance, Line 060, is
hereby reduced by $300,000 from the funds made
available for costs associated with restoring 5 LCS.
(7) The amount authorized to be appropriated in
section 301 for Operations and Maintenance, Navy, as
specified in the corresponding funding table in section
4301, for Mission and Other Ship Operations, Line 090,
is hereby reduced by $10,400,000 from the funds made
available for costs associated with restoring 5 LCS.
(8) The amount authorized to be appropriated in
section 301 for Operations and Maintenance, Navy, as
specified in the corresponding funding table in section
4301, for Ship Depot Maintenance, Line 110, is hereby
reduced by $90,000,000 from the funds made available
for costs associated with restoring 5 LCS.
(9) The amount authorized to be appropriated in
section 301 for Operations and Maintenance, Navy, as
specified in the corresponding funding table in section
4301, for Weapons Maintenance, Line 250, is hereby
reduced by $7,200,000 from the funds made available for
costs associated with restoring 5 LCS.
(10) The amount authorized to be appropriated in
section 301 for Operations and Maintenance, Navy, as
specified in the corresponding funding table in section
4301, for Ship Activations/Inactivations, Line 320, is
hereby reduced by $7,500,000 from the funds made
available for costs associated with restoring 5 LCS.
(11) The amount authorized to be appropriated in
section 101 for Other Procurement, Navy, as specified
in the corresponding funding table in section 4101, for
LCS In-Service Modernization, Line 035, is hereby
reduced by $65,000,000 from the funds made available
for costs associated with restoring 5 LCS.
(12) The amount authorized to be appropriated in
section 201 for Research, Development, Test & Eval,
Navy, as specified in the corresponding funding table
in section 4201, for MQ-8 UAV, Line 243, is hereby
reduced by $13,100,000 from the funds made available
for costs associated with restoring 5 LCS.
(b) Funding Increase.--Notwithstanding the amounts set forth
in the funding tables in division D--
(1) The amount authorized to be appropriated in
section 101 for Procurement of Ammunition, Army, as
specified in the corresponding funding table in section
4101, for Industrial Facilities, Line 034, is hereby
increased by $180,720,000 for Organic Ammunition
Industrial Base Safety and Modernization Upgrades.
(2) The amount authorized to be appropriated in
section 301 for Operations and Maintenance, Navy, as
specified in the corresponding funding table in section
4301, for Aviation Logistics, Line 080, is hereby
increased by $75,000,000.
(3) The amount authorized to be appropriated in
section 301 for Operations and Maintenance, Navy, as
specified in the corresponding funding table in section
4301, for Combat Support Forces, Line 170, is hereby
increased by $62,880,000.
----------
17. An Amendment To Be Offered by Representative Veasey of Texas or His
Designee, Debatable for 10 Minutes
At the end of subtitle B of title I, add the following new
section:
SEC. 1__. FUNDING FOR ADDITIONAL JOINT STRIKE FIGHTER AIRCRAFT.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for aircraft procurement, Navy, as
specified in the corresponding funding table in section 4101,
for Joint Strike Fighter CV, line 002, is hereby increased by
$354,000,000 (with the amount of such increase to used for the
procurement of three additional Joint Strike Fighter aircraft).
(b) Offsets.--
(1) 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 operating forces,
maneuver units, line 010, is hereby reduced by
$50,000,000.
(2) 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 operating forces,
aviation assets, line 060, is hereby reduced by
$100,000,000.
(3) 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 training and
recruiting, training support, line 340, is hereby
reduced by $16,000,000.
(4) 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 administration and
service-wide activities, other personnel support, line
480, is hereby reduced by $23,000,000.
(5) 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, Navy, as specified in the corresponding
funding table in section 4301, for operating forces,
weapons maintenance, line 250, is hereby reduced by
$62,500,000.
(6) 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, Navy, as specified in the corresponding
funding table in section 4301, for administration and
service-wide activities, military manpower and
personnel management, line 470, is hereby reduced by
$30,000,000.
(7) 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, Marine Corps, as specified in the
corresponding funding table in section 4301, for
operating forces, operational forces, line 010, is
hereby reduced by $16,500,000.
(8) 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, Air Force, as specified in the
corresponding funding table in section 4301, for
operating forces, base support, line 090, is hereby
reduced by $56,000,000.
----------
18. An Amendment To Be Offered by Representative Foster of Illinois or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 13_. REPEAL OF RESTRICTION ON FUNDING FOR THE PREPARATORY
COMMISSION FOR THE COMPREHENSIVE NUCLEAR-TEST-BAN
TREATY ORGANIZATION.
Section 1279E of the National Defense Authorization Act for
Fiscal Year 2018 (22 U.S.C. 287 note) is repealed.
----------
19. 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. 1671. STATEMENT OF POLICY ON SERVICE LIFE OF MINUTEMAN III
INTERCONTINENTAL BALLISTIC MISSILES AND PAUSE IN
DEVELOPMENT OF THE SENTINEL PROGRAM (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 Sentinel program shall be paused
until 2031.
SEC. 1672. PROHIBITION ON USE OF FUNDS FOR SENTINEL 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 2023 for the
Department or Defense or the National Nuclear Security
Administration may be obligated or expended for the Sentinel
program (including with respect to supporting infrastructure)
or the W87-1 warhead modification program.
SEC. 1673. 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 Sentinel 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.
----------
20. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Strike section 1636.
----------
21. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 299, line 25, strike ``and'' at the end.
Page 300, line 4, strike the period at the end and insert ``;
and''.
Page 300, after line 4, insert the following:
(3) the historically discriminatory manner in which
laws related to marijuana offenses have been enforced,
the potential for the continued discriminatory
application of the law (whether intentional or
unintentional), and recommendations for actions that
can be taken to minimize the risk of such
discrimination.
----------
22. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
Page 502, line 2, strike ``medicinal cannabis'' and insert
``qualified alternative therapies''.
Page 502, line 6, strike ``medicinal cannabis as an
alternatives'' and insert ``qualified alternative therapies as
alternative therapies''.
Page 503, beginning on line 19, strike ``medicinal cannabis''
and insert ``a qualified alternative therapy''.
Page 503, beginning on line 25, strike ``medicinal cannabis''
and insert ``a qualified alternative therapy''.
Page 504, line 11, strike ``medicinal cannabis'' and insert
``qualified alternative therapies''.
Page 504, after line 22, add the following:
(3) The term ``qualified alternative therapy''
means--
(A) medicinal cannabis;
(B) methylenedioxymethamphetamine (commonly
referred to as MDMA); and
(C) psilocybin.
----------
23. An Amendment To Be Offered by Representative Crenshaw of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title VII the following new
section:
SEC. 7__. GRANT PROGRAM TO STUDY TREATMENT OF POST-TRAUMATIC STRESS
DISORDER USING CERTAIN PSYCHEDELIC SUBSTANCES.
(a) Grant Program.--The Secretary of Defense shall carry out
a program to award grants to eligible entities to conduct
research on the treatment of members of the Armed Forces
serving on active duty with post-traumatic stress disorder
using covered psychedelic substances.
(b) Criterion for Approval.--The Secretary may award a grant
under this section to an eligible entity to conduct research if
the Secretary determines that the research involves a therapy
that has the potential to demonstrate significant medical
evidence of a therapeutic advantage.
(c) Eligible Entities.--The Secretary may award a grant under
this section to any of the following:
(1) A department or agency of the Federal Government
or a State government.
(2) An academic institution.
(3) A nonprofit entity.
(d) Use of Grant Funds.--A recipient of a grant awarded under
this section may use the grant to--
(1) conduct one or more phase two clinical trials for
the treatment of post-traumatic stress disorder that--
(A) include members of the Armed Forces
serving on active duty as participants in the
clinical trial; and
(B) use individual or group therapy assisted
by covered psychedelic substances; or
(2) train practitioners to provide treatment to
members of the Armed Forces serving on active duty for
post-traumatic stress disorder using covered
psychedelic substances.
(e) Participation in Clinical Trials.--The Secretary may
authorize a member of the Armed Forces to participate in a
clinical trial that is conducted using a grant awarded under
this section or funds provided under subsection (f) and is
authorized pursuant to section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355), without regard to--
(1) whether the clinical trial involves a substance
included in the schedule under section 202 of the
Controlled Substances Act (21 U.S.C. 812); or
(2) section 912a of title 10, United States Code
(article 112a of the Uniform Code of Military Justice).
(f) Additional Authority.--In addition to awarding grants
under this section, the Secretary may provide funds for a
clinical research trial using covered psychedelic substances
that is authorized pursuant to section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355) and includes members of
the Armed Forces as participants in the trial.
(g) Definitions.--In this section:
(1) The term ``covered psychedelic substances'' means
any of the following:
(A) 3,4-methylenedioxy-methamphetamine
(commonly known as ``MDMA'').
(B) Psilocybin.
(C) Ibogaine.
(D) 5-Methoxy-N,N-dimethyltryptamine
(commonly known as ``5-MeO-DMT'').
(2) The term ``State'' includes any State, district,
territory, or possession of the United States.
----------
24. An Amendment To Be Offered by Representative Norton of District of
Columbia or Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, add the following new
section:
SEC. 5__. INCREASE IN THE NUMBER OF INDIVIDUALS FROM THE DISTRICT OF
COLUMBIA WHO MAY BE APPOINTED TO MILITARY SERVICE
ACADEMIES.
(a) United States Military Academy.--Section 7442 of title
10, United States Code, is amended--
(1) in subsection (a)(5), by striking ``Five'' and
inserting ``Fifteen''; and
(2) in subsection (b)(5), by striking ``paragraphs
(3) and (4)'' and inserting ``paragraphs (3), (4), and
(5)''.
(b) United States Naval Academy.--Section 8454 of title 10,
United States Code, is amended--
(1) in subsection (a)(5), by striking ``Five'' and
inserting ``Fifteen''; and
(2) in subsection (b)(5), by striking ``paragraphs
(3) and (4)'' and inserting ``paragraphs (3), (4), and
(5)''.
(c) United States Air Force Academy.--Section 9442 of title
10, United States Code, is amended--
(1) in subsection (a)(5), by striking ``Five'' and
inserting ``Fifteen''; and
(2) in subsection (b)(5), by striking ``paragraphs
(3) and (4)'' and inserting ``paragraphs (3), (4), and
(5)''.
----------
25. An Amendment To Be Offered by Representative Norton of District of
Columbia or Her Designee, Debatable for 10 Minutes
At the end of division E, insert the following:
TITLE LIX--DISTRICT OF COLUMBIA NATIONAL GUARD HOME RULE
SEC. 5901. SHORT TITLE.
This title may be cited as the ``District of Columbia
National Guard Home Rule Act''.
SEC. 5902. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE
DISTRICT OF COLUMBIA.
(a) Mayor as Commander-in-Chief.--Section 6 of the Act
entitled ``An Act to provide for the organization of the
militia of the District of Columbia, and for other purposes'',
approved March 1, 1889 (sec. 49-409, D.C. Official Code), is
amended by striking ``President of the United States'' and
inserting ``Mayor of the District of Columbia''.
(b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C.
Official Code) is amended by striking ``President of the United
States'' each place it appears and inserting ``Mayor of the
District of Columbia''.
(c) Appointment of Commissioned Officers.--(1) Section 7(a)
of such Act (sec. 49-301(a), D.C. Official Code) is amended--
(A) by striking ``President of the United States''
and inserting ``Mayor of the District of Columbia'';
and
(B) by striking ``President.'' and inserting
``Mayor.''.
(2) Section 9 of such Act (sec. 49-304, D.C. Official Code)
is amended by striking ``President'' and inserting ``Mayor of
the District of Columbia''.
(3) Section 13 of such Act (sec. 49-305, D.C. Official Code)
is amended by striking ``President of the United States'' and
inserting ``Mayor of the District of Columbia''.
(4) Section 19 of such Act (sec. 49-311, D.C. Official Code)
is amended--
(A) in subsection (a), by striking ``to the Secretary
of the Army'' and all that follows through ``which
board'' and inserting ``to a board of examination
appointed by the Commanding General, which''; and
(B) in subsection (b), by striking ``the Secretary of
the Army'' and all that follows through the period and
inserting ``the Mayor of the District of Columbia,
together with any recommendations of the Commanding
General.''.
(5) Section 20 of such Act (sec. 49-312, D.C. Official Code)
is amended--
(A) by striking ``President of the United States''
each place it appears and inserting ``Mayor of the
District of Columbia''; and
(B) by striking ``the President may retire'' and
inserting ``the Mayor may retire''.
(d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103,
D.C. Official Code) is amended by striking ``, or for the
United States Marshal'' and all that follows through ``shall
thereupon order'' and inserting ``to order''.
(2) Section 46 of such Act (sec. 49-104, D.C. Official Code)
is amended by striking ``the President'' and inserting ``the
Mayor of the District of Columbia''.
(e) General Courts Martial.--Section 51 of such Act (sec. 49-
503, D.C. Official Code) is amended by striking ``the President
of the United States'' and inserting ``the Mayor of the
District of Columbia''.
SEC. 5903. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Failure To Satisfactorily Perform Prescribed Training.--
Section 10148(b) of title 10, United States Code, is amended by
striking ``the commanding general of the District of Columbia
National Guard'' and inserting ``the Mayor of the District of
Columbia''.
(b) Appointment of Chief of National Guard Bureau.--Section
10502(a)(1) of such title is amended by striking ``the
commanding general of the District of Columbia National Guard''
and inserting ``the Mayor of the District of Columbia''.
(c) Vice Chief of National Guard Bureau.--Section
10505(a)(1)(A) of such title is amended by striking ``the
commanding general of the District of Columbia National Guard''
and inserting ``the Mayor of the District of Columbia''.
(d) Other Senior National Guard Bureau Officers.--Section
10506(a)(1) of such title is amended by striking ``the
commanding general of the District of Columbia National Guard''
both places it appears and inserting ``the Mayor of the
District of Columbia''.
(e) Consent for Active Duty or Relocation.--(1) Section 12301
of such title is amended--
(A) in subsection (b), by striking ``commanding
general of the District of Columbia National Guard'' in
the second sentence and inserting ``Mayor of the
District of Columbia''; and
(B) in subsection (d), by striking the period at the
end and inserting the following: ``, or, in the case of
the District of Columbia National Guard, the Mayor of
the District of Columbia.''.
(2) Section 12406 of such title is amended by striking ``the
commanding general of the National Guard of the District of
Columbia'' and inserting ``the Mayor of the District of
Columbia''.
(f) Consent for Relocation of Units.--Section 18238 of such
title is amended by striking ``the commanding general of the
National Guard of the District of Columbia'' and inserting
``the Mayor of the District of Columbia''.
SEC. 5904. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.
(a) Maintenance of Other Troops.--Section 109(c) of title 32,
United States Code, is amended by striking ``(or commanding
general in the case of the District of Columbia)''.
(b) Drug Interdiction and Counter-Drug Activities.--Section
112(h)(2) of such title is amended by striking ``the Commanding
General of the National Guard of the District of Columbia'' and
inserting ``the Mayor of the District of Columbia''.
(c) Additional Assistance.--Section 113 of such title is
amended by adding at the end the following new subsection:
``(e) Inclusion of District of Columbia.--In this section,
the term `State' includes the District of Columbia.''.
(d) Appointment of Adjutant General.--Section 314 of such
title is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively; and
(3) in subsection (b) (as so redesignated), by
striking ``the commanding general of the District of
Columbia National Guard'' and inserting ``the Mayor of
the District of Columbia,''.
(e) Relief From National Guard Duty.--Section 325(a)(2)(B) of
such title is amended by striking ``commanding general of the
District of Columbia National Guard'' and inserting ``the Mayor
of the District of Columbia''.
(f) Authority To Order To Perform Active Guard and Reserve
Duty.--
(1) Authority.--Subsection (a) of section 328 of such
title is amended by striking ``the commanding general
of the District of Columbia National Guard'' and
inserting ``the Mayor of the District of Columbia''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such
section is amended to read as follows:
``Sec. 328. Active Guard and Reserve duty: authority of chief
executive''.
(B) Table of sections.--The table of sections
at the beginning of chapter 3 of such title is
amended by striking the item relating to
section 328 and inserting the following new
item:
``328. Active Guard and Reserve duty: authority of chief executive.''.
(g) Personnel Matters.--Section 505 of such title is amended
by striking ``commanding general of the National Guard of the
District of Columbia'' in the first sentence and inserting
``Mayor of the District of Columbia''.
(h) National Guard Challenge Program.--Section 509 of such
title is amended--
(1) in subsection (c)(1), by striking ``the
commanding general of the District of Columbia National
Guard, under which the Governor or the commanding
general'' and inserting ``the Mayor of the District of
Columbia, under which the Governor or the Mayor'';
(2) in subsection (g)(2), by striking ``the
commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia'';
(3) in subsection (j), by striking ``the commanding
general of the District of Columbia National Guard''
and inserting ``the Mayor of the District of
Columbia''; and
(4) in subsection (k), by striking ``the commanding
general of the District of Columbia National Guard''
and inserting ``the Mayor of the District of
Columbia''.
(i) Issuance of Supplies.--Section 702(a) of such title is
amended by striking ``commanding general of the National Guard
of the District of Columbia'' and inserting ``Mayor of the
District of Columbia''.
(j) Appointment of Fiscal Officer.--Section 708(a) of such
title is amended by striking ``commanding general of the
National Guard of the District of Columbia'' and inserting
``Mayor of the District of Columbia''.
SEC. 5905. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE
ACT.
Section 602(b) of the District of Columbia Home Rule Act
(sec. 1-206.02(b), D.C. Official Code) is amended by striking
``the National Guard of the District of Columbia,''.
----------
26. 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. 5__. 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.
----------
27. An Amendment To Be Offered by Representative Slotkin of Michigan or
Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. 5__. TRAINING ON CONSEQUENCES OF COMMITTING A CRIME IN
PRESEPARATION COUNSELING OF THE TRANSITION
ASSISTANCE PROGRAM.
(a) Establishment.--Subsection (b) of section 1142 of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(20) Training regarding the consequences to such a
member who is convicted of a crime, specifically
regarding the loss of benefits from the Federal
Government to such member.''.
(b) Implementation Date.--The Secretary concerned shall carry
out paragraph (20) of such subsection, as added by subsection
(a), not later than one year after the date of the enactment of
this Act.
(c) Development.--The Secretary of Defense shall develop the
training under such paragraph.
(d) Progress Briefing.--Not later than 180 days of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the Senate and
House of Representatives regarding progress of the Secretary in
preparing the training under such paragraph.
----------
28. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title X, add the following new
section:
SEC. 10__. REPORT ON THREAT POSED BY DOMESTIC TERRORISTS.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the officials specified in subsection (c),
shall submit to the congressional defense committees a report
that includes an evaluation of the nature and extent of the
domestic terror threat and domestic terrorist groups.
(b) Elements.--The report under subsection (a) shall--
(1) describe the manner in which domestic terror
activity is tracked and reported;
(2) identify all known domestic terror groups,
whether formal in nature or loosely affiliated
ideologies, including groups motivated by a belief
system of white supremacy such as the Proud Boys and
Boogaloo;
(3) include a breakdown of the ideology of each
group; and
(4) describe the efforts of such groups, if any, to
infiltrate or target domestic constitutionally
protected activity by citizens for cooption or to carry
out attacks, and the number of individuals associated
or affiliated with each group that engages in such
efforts.
(c) Officials Specified.--The officials specified in this
subsection are the following:
(1) The Director of the Federal Bureau of
Investigation
(2) The Under Secretary of Homeland Security for
Intelligence and Analysis.
(3) The Director of National Intelligence.
----------
29. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, add the following:
SEC. __. REPORT ON THE SPREAD OF MALIGN DISINFORMATION.
(a) Report.--The Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall develop a report
that--
(1) evaluates the spread of malign disinformation
within the military ranks;
(2) identifies how the Department of Defense and the
Department of Veterans Affairs are working to mitigate
the spread and impact of malign disinformation;
(3) identifies how the Transition Assistance Program
uses malign disinformation risk in providing resources
to, and engaging with, veterans; and
(4) evaluates the spread of malign disinformation
among veteran communities, identifies the resources
necessary to mitigate such spread of malign
disinformation, and includes a strategy to address such
spread of malign disinformation.
(b) Availability.--The Secretary of Defense shall--
(1) not later than 60 days after the date of
enactment of this section, submit the report developed
under subsection (a) to the Committees on Armed
Services and Veterans' Affairs of the House of
Representatives and the Committees on Armed Services
and Veterans' Affairs of the Senate; and
(2) not later than 30 days after the report is
submitted under paragraph (1), make such report
available online.
(c) Malign Disinformation.--In this section, the term
``malign disinformation'' includes any disinformation that--
(1) aims to recruit members of the Armed Forces or
veterans to carry out extremist activities;
(2) is harmful to good order and discipline; or
(3) is related to extremist activities or
vaccination.
----------
30. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle B of title XIII, insert
the following:
SEC. __. ANNUAL REPORT ON ROLE OF ANTISEMITISIM IN VIOLENT EXTREMIST
MOVEMENTS.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of State and the Office of the Special Envoy
To Monitor and Combat Antisemitism, shall submit to the
appropriate congressional committees an annual report on--
(1) the rise in global antisemitism;
(2) the role of antisemitism in violent extremist
movements;
(3) the threat of global antisemitism to the United
States Armed Forces; and
(4) the threat of global antisemitism to United
States national security and interests.
(b) Form; Publication.--The report required by subsection (a)
shall be submitted in unclassified form, but may contain a
classified annex. The unclassified portion of such report shall
be published on a publicly available website of the Department
of Defense.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs, of the House of Representatives;
and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
31. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes
Page 1348, insert after line 23 the following (and conform
the table of contents accordingly):
SEC. 5806. INTERAGENCY REPORT ON EXTREMIST ACTIVITY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and every 6 months thereafter, the
Director of the Federal Bureau of Investigation, the Secretary
of Homeland Security, and the Secretary of Defense shall
publish a report that analyzes and sets out strategies to
combat White supremacist and neo-Nazi activity in the uniformed
services and Federal law enforcement agencies.
(b) Report.--
(1) In general.--The Director of the Federal Bureau
of Investigation, the Secretary of Homeland Security,
and the Secretary of Defense shall submit a joint
report detailing Executive-wide plans described in
subsection (a) that includes--
(A) the number of individuals discharged from
the uniformed services due to incidents related
to White supremacy and neo-Nazi activity;
(B) for each instance included in the total
number in subparagraph (A), a description of
the circumstances that led to the separation of
servicemembers from the uniformed services due
to White supremacy and neo-Nazi activity;
(C) the number of Federal law enforcement
officers separated from federal agencies due to
incidents related to White supremacy or neo-
Nazi activity;
(D) for each instance included in the total
number in subparagraph (C), a description of
the circumstances that led to the separation of
Federal law enforcement officers from federal
agencies due to White supremacy and neo-Nazi
activity;
(E) the response of the Director of the
Federal Bureau of Investigation, the Secretary
of Homeland Security, and the Secretary of
Defense to planned or effectuated incidents
that have a nexus to White supremacist and neo-
Nazi ideology involving those described in
subparagraphs (B) and (D); and
(F) specific plans to address such incidents
described in this subsection within uniformed
services and Federal law enforcement agencies
(2) Transmission.--The Director of the Federal Bureau
of Investigation, the Secretary of Homeland Security,
and the Secretary of Defense shall transmit each report
described in paragraph (1) to--
(A) the Committee on the Judiciary of the
Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Select Committee on Intelligence of
the Senate;
(D) the Committee on Armed Services of the
Senate;
(E) the Committee on the Judiciary of the
House of Representatives;
(F) the Committee on Homeland Security of the
House of Representatives;
(G) the Permanent Select Committee on
Intelligence of the House of Representatives;
and
(H) the Committee on Armed Services of the
House of Representatives.
(3) Classification and public release.--The report
submitted under paragraph (1) shall be--
(A) submitted in unclassified form, to the
greatest extent possible, with a classified
annex only if necessary; and
(B) in the case of the unclassified portion
of the report, posted on the public website of
the Department of Defense, the Department of
Homeland Security, the Department of Justice,
and the Federal Bureau of Investigation.
----------
32. An Amendment To Be Offered by Representative Rice of New York or
Her Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. ___. REPORTING ON PREVIOUS FEDERAL BUREAU OF INVESTIGATION AND
DEPARTMENT OF HOMELAND SECURITY REQUIREMENTS.
(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of the Federal
Bureau of Investigation and the Secretary of Homeland Security,
in consultation with the Office of the Director of National
Intelligence, shall submit to the appropriate congressional
committees a report on the processes needed to regularly report
to Congress on domestic terrorism threats pursuant to Section
5602 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92).
(b) Data Limitations.--In the event that data internal to the
Federal Bureau of Investigation and Department of Homeland
Security on completed or attempted acts of domestic terrorism
from January 1, 2009, to December 31, 2014 is incomplete or
inconsistent, the Director of the Federal Bureau of
Investigation and the Secretary of Homeland Security shall
engage with State, local, Tribal, and territorial partners,
academic institutions, non-profit organizations, and the
private sector with expertise in domestic terrorism threats and
acts to provide the most accurate and consistent information
for the report required under subsection (a).
(c) GAO Report.-- Not later than 180 days after the date of
the enactment of this Act, the Government Accountability Office
shall produce a report providing a full review of the Federal
Bureau of Investigation's, the Secretary of Homeland
Security's, and the Office of the Director of National
Intelligence's compliance with domestic terrorism transparency
mechanisms required by Federal law, including the National
Defense Authorization Act for Fiscal Year 2020.
(d) Definitions.--In this section, the ter ``appropriate
congressional committees'' means--
(1) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Select Committee on Intelligence of the
Senate;
(4) the Committee on Homeland Security of the House
of Representatives;
(5) the Committee on the Judiciary of the House of
Representatives; and
(6) the Permanent Select Committee on Intelligence of
the House of Representatives.
----------
33. An Amendment To Be Offered by Representative Aguilar of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, insert the following:
SEC. 5__. IMPLEMENTATION OF CERTAIN RECOMMENDATIONS REGARDING SCREENING
INDIVIDUALS WHO SEEK TO ENLIST IN THE ARMED FORCES
AND COUNTERING EXTREMIST ACTIVITY IN THE DEPARTMENT
OF DEFENSE.
(a) Enlistment Screening.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense
shall implement the seven recommendations of the Under
Secretary of Defense for Personnel and Readiness on page 2 of
the report titled ``Screening Individuals Who Seek to Enlist in
the Armed Forces'', submitted to the Committees on Armed
Services of the Senate and House of Representatives on October
14, 2020.
(b) Countering Extremism.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall implement six recommendations of the Countering Extremist
Activity Working Group on pages 15 through 18 on the report
entitled ``Report on Countering Extremist Activity Within the
Department of Defense'' published in December 2021.
----------
34. 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, in consultation with the Secretary
of State, shall ensure that, prior to a
decision to provide any support to foreign
forces, irregular forces, groups, or
individuals, full consideration is given to any
credible information available to the
Department of State relating to violations of
human rights by such entities.''.
(2) in subsection (d)(2)--
(A) in subparagraph (H), by inserting ``,
including the promotion of good governance and
rule of law and the protection of civilians and
human rights'' before the period at the end;
(B) in subparagraph (I)--
(i) by striking the period at the end
and inserting ``or violations of the
laws of armed conflict, including the
Geneva Conventions of 1949, including--
''; and
(ii) by adding at the end the
following new clauses:
``(i) vetting units receiving such
support for violations of human rights;
``(ii) providing human rights
training to units receiving such
support; and
``(iii) providing for the
investigation of allegations of gross
violations of human rights and
termination of such support in cases of
credible information of such
violations.''; and
(C) by adding at the end the following new
subparagraph:
``(J) A description of the human rights
record of the recipient, including for purposes
of section 362 of this title, and any relevant
attempts by such recipient to remedy such
record.'';
(3) in subsection (i)(3) by adding at the end the
following new subparagraph:
``(I) An assessment of how support provided
under this section advances United States
national security priorities and aligns with
other United States Government efforts to
address underlying risk factors of terrorism
and violent extremism, including repression,
human rights abuses, and corruption.''; and
(4) by adding at the end the following new
subsections:
``(j) Prohibition on Use of Funds.--(1) Except as provided in
paragraphs (2) and (3), no funds may be used to provide support
to any foreign forces, irregular forces, groups, or individuals
if the Secretary of Defense has credible information that the
unit has committed a gross violation of human rights.
``(2) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition under paragraph
(1) if the Secretary determines that the waiver is required by
extraordinary circumstances.
``(3) The prohibition under paragraph (1) shall not apply
with respect to the foreign forces, irregular forces, groups,
or individuals of a country if the Secretary of Defense
determines that--
``(A) the government of such country has taken all
necessary corrective steps; or
``(B) the support is necessary to assist in disaster
relief operations or other humanitarian or national
security emergencies.
``(k) Savings Clause.--Nothing in this section shall be
construed to constitute a specific statutory authorization for
any of the following:
``(1) The conduct of a covert action, as such term is
defined in section 503(e) of the National Security Act
of 1947 (50 U.S.C. 3093).
``(2) The introduction of United States armed forces,
within the meaning of section 5(b) of the War Powers
Resolution, into hostilities or into situations wherein
hostilities are clearly indicated by the circumstances.
``(3) The provision of support to regular forces,
irregular forces, groups, or individuals for the
conduct of operations that United States Special
Operations Forces are not otherwise legally authorized
to conduct themselves.
``(4) The conduct or support of activities, directly
or indirectly, that are inconsistent with the laws of
armed conflict.''.
SEC. 3. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF SUPPORT
OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE.
Section 1202 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is
amended--
(1) in subsection (c)(2), by adding at the end of the
following new subparagraph:
``(D) The processes through which the
Secretary shall, in consultation with the
Secretary of State, ensure that prior to a
decision to provide support to individual
members or units of foreign forces, irregular
forces, or groups in a foreign country full
consideration is given to any credible
information available to the Department of
State relating to gross violations of human
rights by such individuals or units.'';
(2) in subsection (d)(2) of such section--
(A) by redesignating subparagraph (G) as
subparagraph (H); and
(B) by inserting after subparagraph (F) the
following new subparagraph (G):
``(G) A description of the human rights
record of the recipient, including for purposes
of section 362 of title 10, United States Code,
and any relevant attempts by such recipient to
remedy such record.'';
(3) in subsection (h)(3), by adding at the end the
following new subparagraph:
``(I) An assessment of how support provided
under this section advances United States
national security priorities and aligns with
other United States Government interests in
countries in which activities under the
authority in this section are ongoing.'';
(4) by redesignating subsection (i) as subsection
(j); and
(5) by inserting after subsection (h) the following
new subsection (i):
``(i) Prohibition on Use of Funds.--
``(1) In general.--Except as provided in paragraphs
(2) and (3), no funds may be used to provide support to
any individual member or unit of a foreign force,
irregular force, or group in a foreign country if the
Secretary of Defense has credible information that such
individual or unit has committed a gross violation of
human rights.
``(2) Waiver authority.--The Secretary of Defense,
after consultation with the Secretary of State, may
waive the prohibition under paragraph (1) if the
Secretary determines that the waiver is required by
extraordinary circumstances.
``(3) Exception.--The prohibition under paragraph (1)
shall not apply with respect to individual members or
units of such foreign forces, irregular forces, or
groups if the Secretary of Defense, after consultation
with the Secretary of State, determines that--
``(A) the government of such country has
taken all necessary corrective steps; or
``(B) the support is necessary to assist in
disaster relief operations or other
humanitarian or national security
emergencies.''.
----------
35. An Amendment To Be Offered by Representative Jacobs of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, add the following:
SEC. 10__. REPORT ON PURCHASE AND USE BY DEPARTMENT OF DEFENSE OF
LOCATION DATA GENERATED BY AMERICANS' PHONES AND
THEIR INTERNET METADATA.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees and make
available to the public on an internet website of the
Department of Defense a report that--
(1) identifies each covered entity that is currently,
or during the five year period ending on the date of
the enactment of this Act was, without a court order--
(A) obtaining in exchange for anything of
value any covered records; and
(B) intentionally retaining or intentionally
using such covered records; and
(2) for each covered entity identified pursuant to
paragraph (1), identifies--
(A) each category of covered record the
covered entity, without a court order, is
obtaining or obtained, in exchange for anything
of value;
(B) whether the covered entity intentionally
retained or is intentionally retaining each
category of covered records pursuant to
subparagraph (A);
(C) whether the covered entity intentionally
uses or used each category of covered records
identified pursuant to subparagraph (A); and
(D) whether such obtaining, retention, and
use ceased before the date of the enactment of
this Act or is ongoing.
(b) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form.
(c) Determination of Parties to a Communication.--In
determining under this section whether a party to a
communication is likely to be located inside or outside the
United States, the Secretary shall consider the Internet
Protocol (IP) address used by the party to the communication,
but may also consider other information known to the Secretary.
(d) Definitions.--In this section:
(1) The term ``covered entities'' means the Defense
Agencies, Department of Defense activities, and
components of the Department that--
(A) are under the authority, direction, and
control of the Under Secretary of Defense for
Intelligence and Security; or
(B) over which the Under Secretary exercises
planning, policy, funding, or strategic
oversight authority.
(2) The term ``covered records'' includes the
following:
(A) Location data generated by phones that
are likely to be located in the United States.
(B) Domestic phone call records.
(C) International phone call records.
(D) Domestic text message records.
(E) International text message records.
(F) Domestic netflow records.
(G) International netflow records.
(H) Domestic Domain Name System records.
(I) International Domain Name System records.
(J) Other types of domestic internet
metadata.
(K) Other types of international internet
metadata.
(3) The term ``domestic'' means a telephone or an
internet communication in which all parties to the
communication are likely to be located in the United
States.
(4)(A) The term ``international'' means a telephone
or an internet communication in which one or more
parties to the communication are likely to be located
in the United States and one or more parties to the
communication are likely to be located outside the
United States.
(B) The term ``international'' does not include a
telephone or an internet communication in which all
parties to the communication are likely to be located
outside the United States.
(5) The term ``obtain in exchange for anything of
value'' means to obtain by purchasing, to receive in
connection with services being provided for
consideration, or to otherwise obtain in exchange for
consideration, including an access fee, service fee,
maintenance fee, or licensing fee.
(6)(A) Except as provided in subparagraph (B), the
term ``retain'' means the storage of a covered record.
(B) The term ``retain'' does not include the
temporary storage of a covered record that will be, but
has not yet been, subjected to a process in which the
covered record, which is part of a larger compilation
containing records that are not covered records, are
identified and deleted.
(7)(A) Except as provided in subparagraph (B), the
term ``use'', with respect to a covered record,
includes analyzing, processing, or sharing the covered
record.
(B) The term ``use'' does not include subjecting the
covered record to a process in which the covered
record, which is part of a larger compilation
containing records that are not covered records, are
identified and deleted.
----------
36. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 13_. USE OF UNITED STATES-ORIGIN DEFENSE ARTICLES IN YEMEN.
(a) In General.--The Secretary of State, in consultation with
the Secretary of Defense, shall develop specific guidance for
investigating any indications that United States-origin defense
articles have been used in Yemen by the Saudi-led coalition in
substantial violation of relevant agreements with countries
participating in the coalition, including for unauthorized
purposes.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
State shall submit to the appropriate congressional
committees a report on--
(A) the guidance developed pursuant to
subsection (a); and
(B) all current information on each of the
certification elements required by section 1290
of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public
Law 115-232).
(2) Form.--The report required by this subsection
shall be submitted in unclassified form, but may
include a classified annex if necessary.
(3) 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.
----------
37. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, insert the following
new section:
SEC. 7__. REPORT ON FEASABILITY OF CERTAIN LICENSING MODELS FOR
DEPARTMENT OF DEFENSE-OWNED VACCINES AND OTHER
MEDICAL INTERVENTIONS RELATING TO COVID-19.
(a) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the feasibility of
a licensing model under which, with respect to Department of
Defense-owned vaccines or other medical interventions relating
to COVID-19 that are approved, licensed, or otherwise
authorized for use in accordance with applicable law, the
Secretary would grant to Government-owned contractor-operated
manufacturers nonexclusive licenses to manufacture such
vaccines or other interventions.
(b) Matters.--The report under subsection (a) shall include
an evaluation of the estimated differences in the pricing of,
and equitable access to, the vaccines and other interventions
specified in such subsection, that may arise as a result of--
(1) the Secretary granting exclusive licenses to
manufacture such vaccines and other interventions, as
compared with nonexclusive licenses; and
(2) the Secretary granting either such license to
Government-owned contractor-operated manufacturers, as
compared with other manufacturers.
----------
38. An Amendment To Be Offered by Representative Biggs of Arizona or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XIII 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 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.
----------
39. An Amendment To Be Offered by Representative Kinzinger of Illinois
or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle D of title XII, insert
the following:
SEC. ___. EXPANSION OF COOPERATION AND TRAINING WITH UKRAINE.
(a) Authorization of Appropriations.--There is authorized to
be appropriated $100,000,000 to build the capacity of foreign
security forces pursuant to relevant authorities under title
10, United States Code. Amounts so authorized shall be made
available to provide assistance to Ukrainian military pilots
and associated persons for the following purposes:
(1) Training and familiarity building with United
States fixed-wing aircraft and other air platforms as
appropriate for air-to-air and air-to-ground combat.
(2) Training on the use of munitions sets determined
appropriate by the Secretary of Defense.
(3) Establishing a rapport between the Armed Forces
of the United States and the armed forces of Ukraine to
build partnerships for the future.
(4) Enhancement of capabilities for aerial combat
operations.
(5) Focusing on the ability of Ukraine to teach
current and future pilots on fixed-wing aircraft and
other air platforms in Ukraine and elsewhere,
especially during the ongoing Russian invasion of
Ukraine.
(6) Fostering a better understanding of the air
platforms, tactics, and techniques of the United States
and other member countries of the North Atlantic Treaty
Organization.
(b) Notice to Congress.--Not later than 15 days before
providing assistance or support using amounts made available
pursuant to the authorization under subsection (a), the
Secretary of Defense shall submit to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a notification
containing the following elements:
(1) A detailed description of the assistance or
support to be provided, including--
(A) the objectives of such assistance or
support.
(B) the budget for such assistance or
support; and
(C) the expected or estimated timeline for
delivery of such assistance or support.
(2) A description of such other matters as the
Secretary considers appropriate.
(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, Air
Force, Flying Hour Program, Line 080, as specified in the
corresponding funding table in section 4301, is hereby reduced
by $100,000,000.
----------
40. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XII, add the following:
SEC. 12_. MATTERS RELATING TO CLIMATE CHANGE AT NATO.
The President shall direct the United States Permanent
Representative to the North Atlantic Treaty Organization (NATO)
to--
(1) advocate for adequate resources towards
understanding and communicating the threat posed by
climate change to allied civil security (specifically
for the climate action and resilience agendas);
(2) support the establishment of a NATO Center of
Excellence for Climate and Security;
(3) advocate for an in-depth critical assessment of
NATO's vulnerability to the impacts of climate change,
building upon the Secretary General's 2022 climate
change and security impact assessment, that evaluates
and analyzes NATO's resilience in responding to the
threat climate change will pose on migration, food
insecurity, and housing insecurity; and
(4) communicate the core security challenge posed by
climate change as articulated in NATO's strategic
concept.
----------
41. An Amendment To Be Offered by Representative Kim of California or
Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. ARMS EXPORTS DELIVERY SOLUTIONS ACT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) prioritizing the defense needs of United States
allies and partners globally is a national security
priority; and
(2) sustained support to key partners for
interoperable defense systems is critical to preserve--
(A) the safety and security of American
persons;
(B) the free flow of commerce through
international trade routes;
(C) the United States commitment to
collective security agreements, territorial
integrity, and recognized maritime boundaries;
and
(D) Taiwan's defense capability both in
quantitative and qualitative terms.
(b) Report Required.--Not later than March 1, 2023, and March
1, 2024, the Secretary of State and the Secretary of Defense
shall jointly transmit to the appropriate congressional
committees a report with respect to the transfer of all defense
articles or defense services, on or after October 1, 2017,
pursuant to the authorities provided by--
(1) section 3, 21, or 36 of the Arms Export Control
Act (22 U.S.C. 2753, 2761, or 2776); or
(2) section 516(c)(2) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321j(c)(2)).
(c) Elements.--The report required by subsection (b) shall
also contain the following:
(1) A list of all approved transfers of defense
articles and services authorized by Congress pursuant
to sections 25 and 36 of the Arms Export Control Act
(22 U.S.C. 2765 and 2776) with a total value of
$25,000,000 or more, to Taiwan, Japan, South Korea,
Australia, or New Zealand, that have not been fully
delivered by the start of the fiscal year in which the
report is being submitted.
(2) The estimated start and end dates of delivery for
each approved and incomplete transfer listed pursuant
to paragraph (1), including additional details and
dates for any transfers that involve multiple tranches
of deliveries.
(3) With respect to each approved and incomplete
transfer listed pursuant to paragraph (1), a detailed
description of--
(A) any changes in the delivery dates of
defense articles or services relative to the
dates anticipated at the time of congressional
approval of the transfer, including specific
reasons for any delays related to the United
States Government, defense suppliers, or a
foreign partner;
(B) the feasibility and advisability of
providing the partner subject to such delayed
delivery with an interim capability or
solution, including drawing from United States
stocks, and any challenges to implementing such
a capability or solution; and
(C) authorities, appropriations, or waiver
requests that Congress could provide to improve
delivery timelines or authorize the provision
of interim capabilities or solutions identified
pursuant to subparagraph (B).
(4) A description of ongoing interagency efforts to
support attainment of operational capability of the
corresponding defense articles and services once
delivered, including advance training with United
States or allied forces on the systems to be received.
The description of any such training shall also include
an identification of the training implementer.
(5) If a transfer listed pursuant to paragraph (1)
has been terminated prior to the date of the submission
of the report for any reason--
(A) the case information for such transfer;
(B) a description of the reasons for which
the transfer is no longer in effect; and
(C) the impact this termination will have on
the intended end-user and the consequent
implications for regional security.
(6) A separate description of the actions the United
States is taking to expedite deliveries of defense
articles and services to Taiwan, including in
particular, whether the United States intends to divert
defense articles from United States stocks to provide
an interim capability or solution with respect to any
delayed deliveries to Taiwan and the plan, if
applicable, to replenish any such diverted stocks.
(7) A description of other potential actions
undertaken by the Department of State to improve
delivery timelines for the transfers listed pursuant to
paragraph (1).
(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.
----------
42. An Amendment To Be Offered by Representative Barr of Kentucky or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle A of title XIII, insert
the following:
SEC. __. TAIWAN DEFENSE COOPERATION.
(a) Study.--Not later than April 1, 2023, the Secretary of
Defense, in consultation with the Joint Chiefs of Staff and the
heads of such other agencies as the Secretary determines
appropriate, shall complete a study on the feasibility of
additional Department of Defense resources necessary to
facilitate increased military cooperation between the United
States and Taiwan.
(b) Elements.--The study required by subsection (a) shall
assess the following:
(1) A description of the military cooperation handled
by the Department of Defense between the United States
and Taiwan during the preceding calendar year,
including arm sales, mutual visits, exercises, and
training.
(2) The additional manpower required to facilitate
the arms sales process to Taiwan and other matters as
specified in subsection (a).
(3) The overall cost and anticipated efficiency of
such additional resources.
(4) Such other matters as may be determined relevant
by the Secretary.
(c) Briefing.--Not later than April 1, 2023, the Secretary
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the findings of
the study under subsection (a), including with respect to each
element specified in subsection (b).
----------
43. An Amendment To Be Offered by Representative Gallagher of Wisconsin
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. NATIONAL TABLETOP EXERCISE.
(a) Requirement.--Not later than 365 days of enactment of
this Act, the Secretary of Defense shall conduct a tabletop
exercise designed to test the resiliency of the United States
across all aspects of national power in the event of an
invasion of a covered defense partner. The Secretary may
conduct subsequent similar exercises on a biennial basis.
(b) Planning and Preparation.--A tabletop exercise under this
section shall be prepared by Department of Defense personnel.
(c) Private Sector.--In accordance with applicable laws and
regulations regarding the protection of national security
information, the Secretary may invite non-Government
individuals or entities to participate in a tabletop exercise
under this section.
(d) International Partners.--The Secretary may invite allies
and partners of the United States to participate in a tabletop
exercise under this section.
(e) Observers.--The Secretary may invite representatives from
the executive and legislative branches of the Federal
Government to observe a tabletop exercise under this section.
(f) Consultation Requirement.--The Secretary shall plan and
execute a tabletop exercise under this section in consultation
with the heads of the Federal departments and agencies who
participate in the exercise, as determined by the Secretary.
(g) Elements.--A tabletop exercise under this section shall
be designed to evaluate the following elements:
(1) The Federal Government response across all
elements of national power to an invasion of a covered
defense partner.
(2) The ability of the United States covered Armed
Forces, alongside allied and partner militaries, to
defeat an invasion of a covered defense partner.
(3) The resilience of domestic critical
infrastructure and logistical chokepoints that may
inhibit the mobility of the United States covered Armed
Forces in responding to an invasion of a covered
defense partner.
(4) The ability of the United States to coordinate an
effective international public and private sector
response.
(h) Briefing.--
(1) In general.--Not later than 180 days after the
date on which at tabletop exercise is conducted under
this section, the Secretary shall provide to the
appropriate congressional committees a briefing on the
exercise.
(2) Contents.--A briefing under paragraph (1) shall
include--
(A) an assessment of the decision-making,
capability, and response gaps observed in the
tabletop exercise;
(B) recommendations to improve the response
of the United States across all elements of
national power in the case of an invasion of a
covered defense partner;
(C) recommendations to improve the domestic
resiliency and vulnerability of critical
infrastructure of the United States in the case
of an invasion of a covered defense partner;
and
(D) appropriate strategies to address the
recommendations identified in subparagraphs (B)
and (C).
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Oversight and Reform of the House
of Representatives; and
(B) the Committee on Armed Services and the
Committee on Homeland Security and Government
Affairs of the Senate.
(2) The term ``covered Armed Force'' means--
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ``covered defense partner'' means a
country that is--
(A) identified as a partner in the document
entitled ``Department of Defense Indo-Pacific
Strategy Report'' issued on June 1, 2019; and
(B) located within 100 miles of the coast of
a strategic competitor.
(4) The term ``tabletop exercise'' means an
activity--
(A) in which key personnel assigned high-
level roles and responsibilities are gathered
to deliberate various simulated emergency or
rapid response situations; and
(B) that is designed to be used to assess the
adequacy of plans, policies, procedures,
training, resources, and relationships or
agreements that guide prevention of, response
to, and recovery from a defined event.
----------
44. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the end of division E, add the following:
TITLE LIX--TAIWAN PEACE AND STABILITY ACT
SEC. 5901. SHORT TITLE.
This title may be cited as the ``Taiwan Peace and Stability
Act''.
SEC. 5902. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The United States has consistently sought to
advance peace and stability in East Asia as a central
element of U.S. foreign policy toward the region.
(2) The Government of the People's Republic of China
(PRC), especially since the election of Tsai Ing-Wen in
2016, has conducted a coordinated campaign to weaken
Taiwan diplomatically, economically, and militarily in
a manner that threatens to erode U.S. policy and create
a fait accompli on questions surrounding Taiwan's
future.
(3) In order to ensure the longevity of U.S. policy
and preserve the ability of the people of Taiwan to
determine their future independently, it is necessary
to reinforce Taiwan's diplomatic, economic, and
physical space.
(b) Statement of Policy.--It is the policy of the United
States to--
(1) maintain the position that peace and stability in
the Western Pacific are in the political, security, and
economic interests of the United States, and are
matters of international concern; and
(2) work with allies and partners to promote peace
and stability in the Indo-Pacific and deter military
acts or other forms of coercive behavior that would
undermine regional stability.
SEC. 5903. DEFINITIONS.
In this title--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs of the
House of Representatives; and
(B) the Committee on Foreign Relations of the
Senate;
(2) the term ``international organization'' includes
United Nations funds, programs, specialized agencies,
entities, and bodies, and other organizations outside
of the United Nations system, as the Secretary of State
or the Secretary's designee deems appropriate, and in
consultation with other Federal departments and
agencies;
(3) the term `One-China Principle' means the PRC's
policy toward Taiwan;
(4) the term ``civil society organizations'' means
international civil society organizations that are
critical to maintaining Taiwan's international space
and enabling Taiwan to play a positive and constructive
role in the global community; and
(5) the term ``potential PLA campaigns'' means--
(A) a naval blockade of Taiwan;
(B) an amphibious assault and ground invasion
of Taiwan, especially such invasion designed to
accomplish a fiat accompli before intervention
is possible; and
(C) a seizure of one or more of Taiwan's
outlying islands.
Subtitle A--Supporting Taiwan's Meaningful Participation in the
International Community
SEC. 5911. FINDINGS.
Congress makes the following findings:
(1) Taiwan has provided monetary, humanitarian, and
medical assistance to combat diseases such as AIDS,
tuberculosis, Ebola, and dengue fever in countries
around the world. During the COVID-19 pandemic, Taiwan
donated millions of pieces of personal protective
equipment and COVID-19 tests to countries in need.
(2) Since 2016, the Gambia, Sao Tome and Principe,
Panama, the Dominican Republic, Burkina Faso, El
Salvador, the Solomon Islands, and Kiribati have
severed diplomatic relations with Taiwan in favor of
diplomatic relations with China.
(3) Taiwan was invited to participate in the World
Health Assembly, the decision-making body of the World
Health Organization (WHO), as an observer annually
between 2009 and 2016. Since the 2016 election of
President Tsai, the PRC has increasingly resisted
Taiwan's participation in the WHA. Taiwan was not
invited to attend the WHA in 2017, 2018, 2019, 2020, or
2021.
(4) The Taipei Flight Information Region reportedly
served 1.75 million flights and 68.9 million passengers
in 2018 and is home to Taiwan Taoyuan International
airport, the eleventh busiest airport in the world.
Taiwan has been excluded from participating at the
International Civil Aviation Organization (ICAO) since
2013.
(5) United Nations (UN) General Assembly Resolution
2758 does not address the issue of representation of
Taiwan and its people at the United Nations, nor does
it give the PRC the right to represent the people of
Taiwan.
SEC. 5912. SENSE OF CONGRESS ON TAIWAN'S MEANINGFUL PARTICIPATION IN
THE INTERNATIONAL COMMUNITY.
It is the sense of Congress that--
(1) Taiwan is free, democratic, and prosperous, and
is home to 23.5 million people. It is an important
contributor to the global community, as a model for
democracy, and by providing expertise in global health,
international aviation security, emerging technology
development, and with forward looking environmental
policies;
(2) multiple United States Government administrations
of both political parties have taken important steps to
advance Taiwan's meaningful participation in
international organizations;
(3) existing efforts to enhance U.S. cooperation with
Taiwan to provide global public goods, including
through development assistance, humanitarian
assistance, and disaster relief in trilateral and
multilateral fora is laudable and should continue;
(4) nonetheless, significant structural, policy, and
legal barriers remain to advancing Taiwan's meaningful
participation in the international community; and
(5) efforts to share Taiwan's expertise with other
parts of the global community could be further enhanced
through a systematic approach, along with greater
attention from Congress and the American public to such
efforts.
SEC. 5913. STRATEGY TO SUPPORT TAIWAN'S MEANINGFUL PARTICIPATION IN
INTERNATIONAL ORGANIZATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with other Federal departments and agencies as
appropriate, shall submit to the appropriate congressional
committees a strategy--
(1) to advance Taiwan's meaningful participation in a
prioritized set of international organizations (IOs);
and
(2) that responds to growing pressure from the PRC on
foreign governments, IOs, commercial actors, and civil
society organizations to comply with its ``One-China
Principle'', with respect to Taiwan.
(b) Matters To Be Included.--
(1) In general.--The strategy required in paragraph
(a) shall include:
(A) An assessment of the methods the PRC uses
to coerce actors to into adhering to its ``One-
China Principle.'' The methods shall include
those employed against governments, IOs, and
civil society organizations. The assessment
shall also include pressure on commercial
actors, to the extent it is relevant in the
context of Taiwan's meaningful participation in
IOs.
(B) An assessment of the policies of foreign
governments toward the PRC and Taiwan, to
identify likeminded allies and partners who
might become public or private partners in the
strategy.
(C) A systematic analysis of all IOs, as
practicable, to identify IOs that best lend
themselves to advancing Taiwan's participation.
The analysis shall include, but is not limited
to the IOs'--
(i) policy on the requirements to
obtain membership and observer status,
as well as the foundational documents
defining membership requirements and
observer status within the IO;
(ii) participation rules;
(iii) processes for developing
membership requirements and
participation rules;
(iv) policies of current members
regarding Taiwan's political status;
and
(v) relative reliance on
contributions from the PRC and how it
may affect internal decision making.
(D) An evaluation of the feasibility and
advisability of expanding economic, security,
and diplomatic engagement with nations that
have demonstrably strengthened, enhanced, or
upgraded relations with Taiwan, where it aligns
with U.S. interests.
(E) A survey of IOs that have allowed
Taiwan's meaningful participation, including an
assessment of whether any erosion in Taiwan's
engagement has occurred within those
organizations and how Taiwan's participation
has positively strengthened the capacity and
activity of these organizations, thereby
providing positive models for Taiwan's
inclusion in other similar forums.
(F) A list of no more than 20 IOs at which
the U.S. Government will prioritize for using
its voice, vote, and influence to advance
Taiwan's meaningful participation over the
three-year period following the date of
enactment of this Act. The list shall be
derived from the IOs identified in paragraph
(1)(C).
(G) A description of the diplomatic
strategies and the coalitions the U.S.
Government plans to develop to implement
paragraph (b)(1)(F).
(c) Form of Report.--The strategy required in subsection (a)
shall be classified, but it may include an unclassified
summary, if the Secretary of State determines it appropriate.
(d) Consultation.--The Secretary of State or his or her
designee, shall consult with the appropriate congressional
committees--
(1) no later than 90 days after the date of enactment
of this Act, on the list of IOs identified in
subsection (b)(1)(C); and
(2) 180 days after submitting the strategy required
in subsection (a), and 180 days thereafter for two
years, regarding the development and implementation of
the strategy.
SEC. 5914. EXPANDING UNITED STATES-TAIWAN DEVELOPMENT COOPERATION.
(a) In General.--No later than 120 days following the date of
enactment of this Act, the Administrator of the United States
Agency for International Development (USAID), in consultation
with the U.S. International Development Finance Corporation
(DFC), shall submit to the appropriate congressional committees
a report on cooperation with Taiwan on trilateral and
multilateral development initiatives through the American
Institute in Taiwan as appropriate.
(b) Matters To Be Included.--The report required by
subsection (a) shall include:
(1) A comprehensive review of existing cooperation
mechanisms and initiatives between USAID or DFC, and
relevant departments and agencies in Taiwan, including,
but not limited to Taiwan's International Cooperation
and Development Fund (ICDF).
(2) An assessment of how USAID and DFC development
cooperation with relevant departments and agencies in
Taiwan compares to comparable cooperation with partners
of similar economic size and foreign assistance
capacity.
(3) An analysis of the opportunities and challenges
the cooperation reviewed in paragraph (1) has offered
to date. The analysis shall include, but is not limited
to--
(A) opportunities collaboration has offered
to expand USAID's and DFC's ability to deliver
assistance into a wider range communities;
(B) sectors where USAID, DFC, ICDF, other
relevant agencies and departments in Taiwan, or
the organizations' implementing partners have a
comparative advantage in providing assistance;
(C) opportunities to transition virtual
capacity building events with relevant
departments and agencies in Taiwan, through the
Global Cooperation and Training Framework
(GCTF) as well as other forums, into in-person,
enduring forms of development cooperation.
(4) An assessment of any legal, policy, logistical,
financial, or administrative barriers to expanding
cooperation in trilateral or multilateral development.
The analysis shall include, but is not limited to--
(A) availability of personnel at the American
Institute in Taiwan (AIT) responsible for
coordinating development assistance
cooperation;
(B) volume of current cooperation initiatives
and barriers to expanding it;
(C) diplomatic, policy, or legal barriers
facing the United States or other partners to
including Taiwan in formal and informal
multilateral development cooperation
mechanisms;
(D) resource or capacity barriers to
expanding cooperation facing the United States
or Taiwan; and
(E) geopolitical barriers that complicate
U.S.-Taiwan cooperation in third countries.
(5) Recommendations to address the challenges
identified in paragraph (b)(4).
(6) A description of any additional resources or
authorities that expanding cooperation might require.
(c) Form of Report.--The strategy required in subsection (a)
shall be unclassified, but it may include a classified annex if
the Administrator of USAID determines it appropriate.
Subtitle B--Advancing Taiwan's Economic Space
SEC. 5921. SENSE OF CONGRESS ON EXPANDING U.S. ECONOMIC RELATIONS WITH
TAIWAN.
It is the sense of the Congress that--
(1) expanding U.S. economic relations with Taiwan has
benefited the people of both the United States and
Taiwan. Taiwan is now the United States 10th largest
goods trading partner, 13th largest export market, 13th
largest source of imports, and a key destination for
U.S. agricultural exports;
(2) further integration, consistent with robust
environmental standard and labor rights, would benefit
both peoples and is in the strategic and diplomatic
interests of the United States; and
(3) the United States should explore opportunities to
expand economic agreements between Taiwan and the
United States, through dialogue, and by developing the
legal templates required to support potential future
agreements.
Subtitle C--Enhancing Deterrence Over Taiwan
SEC. 5931. SENSE OF CONGRESS ON PEACE AND STABILITY IN THE TAIWAN
STRAIT.
It is the sense of Congress that--
(1) PRC attempts to intimidate Taiwan, including
through high rates of PRC sorties into air space near
Taiwan, and PRC amphibious assault exercises near
Taiwan, jeopardizes the long-standing U.S. position
that differences in cross-Strait relations must be
resolved peacefully;
(2) given the potential for a cross-Strait conflict
to be highly destructive and destabilizing, any
increase in the risk of conflict demands attention and
obligates leaders to reinforce deterrence, as the most
viable means to prevent war;
(3) Taiwan should continue to implement its
asymmetric defense strategy, including investing in
cost-effective and resilient capabilities, while also
strengthening recruitment and training of its reserve
and civil defense forces, and those capabilities
include coastal defense cruise missiles; and
(4) while enhancing deterrence, it is also essential
to maintain open and effective crisis communication and
risk reduction mechanisms, as a means to reduce the
risk of misunderstanding and ultimately, conflict.
SEC. 5932. STRATEGY TO ENHANCE DETERRENCE OVER A CROSS-STRAIT CONFLICT.
(a) In General.--No later than 90 days after the date of
enactment of this Act, the President shall submit to the
appropriate congressional committees a whole-of-government
strategy to enhance deterrence over a cross-Strait military
conflict between the PRC and Taiwan.
(b) Matters To Be Included.--The strategy shall include:
(1) A comprehensive review of existing diplomatic,
economic, and military tools to establish deterrence
over a cross-Strait conflict and an assessment of their
efficacy.
(2) An examination of the present and future
capabilities of the United States and Taiwan to respond
to the potential PLA campaigns against Taiwan in 5, 10,
and 15 years. The analysis shall include an assessment
of the progress Taiwan has made in developing the cost-
effective and resilient capabilities needed to respond
to its strategic environment, as well as any additional
personnel, procurement, or training reforms required.
(3) An evaluation of the feasibility of expanding
coordination with U.S. allies and partners to enhance
deterrence over a cross-Strait conflict. The review
shall include, but is not limited to, a review of the
following matters:
(A) Expanding coordination of public or
private messaging on deterrence vis-a-vis
Taiwan.
(B) Coordinating use of economic tools to
raise the costs of PRC military action that
could precipitate a cross-Strait conflict.
(C) Enhancing co-development and co-
deployment of military capabilities related to
deterrence over a cross-Strait conflict, or
enhancing coordinated training of Taiwan's
military forces.
(4) Recommendations on significant additional
diplomatic, economic, and military steps available to
the U.S. Government, unilaterally and in concert with
U.S. allies and partners, to enhance the clarity and
credibility of deterrence over a cross-Strait conflict.
(5) A description of any additional resources or
authorities needed to implement the recommendations
identified in paragraph (5).
(c) Form of Report.--The strategy required in subsection (b)
shall be classified, but it may include an unclassified annex,
if determined appropriate by the President.
(d) Consultation.--No later than 90 days after the date of
enactment of this Act, and not less frequently than every 180
days thereafter for seven years, the President or his or her
designee, as well as representatives from the agencies and
departments involved in developing the strategy required in
paragraph (a) shall consult with the appropriate congressional
committees regarding the development and implementation of the
strategy required in this section. The representatives shall be
at the Undersecretary level or above.
SEC. 5933. STRENGTHENING TAIWAN'S CIVILIAN DEFENSE PROFESSIONALS.
(a) In General.--No later than 180 days following enactment
of this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall present to the appropriate
congressional committees a plan for strengthening the community
of civilian defense professionals in Taiwan, facilitated
through the American Institute in Taiwan as appropriate.
(b) Matters To Be Included.--The report shall include the
following:
(1) A comprehensive review of existing U.S.
Government and non-U.S. Government programmatic and
funding modalities to support Taiwan's civilian defense
professionals in pursuing professional development,
educational, and cultural exchanges in the United
States. The review shall include, but is not limited
to--
(A) opportunities through U.S. Department of
State-supported programs, such as the
International Visitor Leaders Program; and
(B) opportunities offered through non-
governmental institutions, such as think tanks,
to the extent the review can practicably make
such an assessment.
(2) A description of the frequency that civilian
defense professionals from Taiwan pursue or are
selected for the programs reviewed in paragraph (1).
(3) An analysis of any funding, policy,
administrative, or other barriers preventing greater
participation from Taiwan's civilian defense
professionals in the opportunities identified in
paragraph (1).
(4) An evaluation of the value expanding the
opportunities reviewed in paragraph (1) would offer for
strengthening Taiwan's existing civilian defense
community, and for increasing the perceived value of
the field for young professionals in Taiwan.
(5) An assessment of options the United States
Government could take individually, with partners in
Taiwan, or with foreign governments or non-governmental
partners, to expand the opportunities reviewed in
paragraph (1).
(6) A description of additional resources and
authorities that may be required to execute the options
in paragraph (5).
(c) Form of Report.--The report required in subsection (a)
shall be unclassified, but it may include a classified annex,
if determined appropriate.
----------
45. 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__. PROGRAM TO TRACK AND REDUCE SCOPE 3 EMISSIONS AND ENERGY
COSTS.
(a) Program Authorized.--The Secretary of Defense shall
establish a program, to be known as the ``Scope 3 Emissions
Reduction Program'', under which the Secretary shall use
innovative software to--
(1) establish full accountability with respect to the
Scope 3 greenhouse gas emissions in the supply chain of
the Department of Defense; and
(2) produce actionable data to reduce emissions and
save energy costs.
(b) Goals of the Program.--The goals of the Scope 3 Emissions
Reduction Program are--
(1) to prove emerging technologies, methodologies,
and capabilities to effectively track and compile
transparent and reliable scope 3 emissions data and
energy costs in real time;
(2) to produce actionable emissions and climate data;
and
(3) to increase efficiencies and reduce costs.
----------
46. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. GREENHOUSE GAS MITIGATION ACTIONS AND RESULTS DASHBOARD.
The Secretary of Defense shall establish a dashboard on an
appropriate website of the Department of Defense and make
publicly available on such dashboard relevant information on
investments in non-GHG technologies, numbers of demonstrations
completed, and information on links to commercialization in the
civilian sector. Such dashboard shall be similar to the
dashboard on the Department of Defense's internal Advana
Dashboard.
----------
47. 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 LVIII, insert the
following:
SEC. __. REPORT ON COLUMBIAN MILITARY FORCES.
(a) In General.--The Secretary of State shall submit to
Congress a report--
(1) documenting knowledge and intelligence from
1980--2010 regarding--
(A) Colombian military involvement in
assassinations and disappearances, and
collaboration in paramilitary offensives;
(B) military conduct in the false positives
initiative from 2002---2008; and
(C) any gross violations of human rights
resulting from the Colombian military's
partnerships with private companies for
security; and
(2) including an overview of the United States--
Colombia military partnership during 1980--2010,
specifying periods of deepened collaboration and
coordination; and
(3) a discussion of the specifics regarding increases
in military support, training, logistics, and weapons
transfers on the part of the United States during such
time period and the manner and extent of compliance on
the part of Colunbian forces with the requirements of
section 620M of the Foreign Assistance Act of 1961,
section 362 of title 10, United States Code, and other
prohibitions on the provision of security assistance to
units of foreign forces on the basis of gross
violations of human rights.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
----------
48. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XIII the following:
SEC. 13__. REPORTS AND CERTIFICATIONS REGARDING TRAINING AND EQUIPMENT
PROVIDED TO THE NATIONAL SECURITY FORCES OF CERTAIN
RECIPIENT COUNTRIES.
Section 333 of title 10, United States Code, is amended--
(1) in subsection (f), by adding at the end the
following new paragraph:
``(4) The final quarterly report of every fiscal year
shall be accompanied by a public annex, made available
on the internet, detailing, for each recipient country,
the following:
``(A) The amount of funds allocated,
obligated, and disbursed for programs under
subsection (a).
``(B) The amount of each of such categories
of funds dedicated to training, provision of
equipment, and other services.
``(C) The number of personnel trained, and
the identities of recipient units with more
than 50 trainees (or other appropriate number).
``(D) Equipment transferred with a unit value
in excess of $500,000.''; and
(2) by adding at the end the following new
subsection:
``(h) Certification.--Prior to the obligation of funds to
Guatemala, El Salvador, or Honduras pursuant to this section,
the Secretary of State, in coordination with the Secretary of
Defense, shall certify to the congressional defense committees,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate that the Governments of Guatemala, El Salvador, and
Honduras are credibly investigating and prosecuting members of
the military implicated in human rights violations.''.
----------
49. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. GENDER ANALYSIS IN FOREIGN TRAINING PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that the
President should encourage the increased participation of women
in existing programs funded by the United States Government
that provide training to foreign nationals regarding law
enforcement, the rule of law, or professional military
education, and should expand and apply gender analysis to
improve program design and implementation.
(b) Gender Analysis of International Training Programs.--The
Department of Defense, in coordination with the Department of
State and other relevant departments, shall conduct a gender
analysis of International Education and Training Programs
offered to allied and partner forces to ensure the programs are
equitable and address issues experienced by all participants.
(c) Gender Analysis Training.--The Department of Defense, in
coordination with the Department of State, shall develop and
include gender analysis training to be included in the
International Education and Training Programs at United States
military schools and training institutions.
(d) Briefing Required.--No later than two years after
enactment of this act, the Secretary of Defense, in
coordination with the Secretary of State, shall brief the
appropriate congressional committees on the Department of
Defense and Department of State's actions and progress in
implementing the requirements under subsection (b) and
subsection (c).
(e) 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.
(f) Gender Analysis Defined.--In this section, the term
``gender analysis'' has the meaning given such term in section
3 of the Women's Entrepreneurship and Economic Empowerment Act
(22 U.S.C. 2151-2).
----------
50. An Amendment To Be Offered by Representative Wild of Pennsylvania
or Her Designee, Debatable for 10 Minutes
At the appropriate place in subtitle A of title XII, insert
the following:
SEC. __. STRATEGY FOR SECURITY COOPERATION.
(a) Strategy Required.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a strategy to improve
security partner cooperation, increase the safety of United
States personnel in partner countries, and increase the safety
of the personnel of such countries, by working to improve
partner military operations. Such strategy shall seek to
advance accurate targeting and avoid unintentionally targeting
civilians or life-sustaining civilian infrastructure, which has
the potential to put United States and partner country
personnel in life-threatening danger by radicalizing local
populations, and shall include improvements to the ability of
partner countries with respect to--
(1) intelligence collection, evaluation, and
dissemination, including by improving the evaluation of
hostile intent and discernment between hostile intent
and hostile action; and
(2) the evaluation and accuracy of determining
correct targets by increasing understanding of civilian
populations, population centers, and local civilian
infrastructure such as water systems infrastructure,
food infrastructure, and education and health care
infrastructure.
(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.
----------
51. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle B of title XIII, insert
the following:
SEC. __. SENSE OF CONGRESS AND BRIEFING ON MULTINATIONAL FORCE AND
OBSERVERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Multinational Force and Observers has helped
strengthen stability and kept the peace in Sinai
Peninsula; and
(2) the United States should continue to maintain its
strong support for the Multinational Force and
Observers.
(b) Briefing.--Not later than 60 days before the
implementation of any plan to move a Multinational Force and
Observer site, the Secretary of Defense shall brief 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 on the resulting impact of such plan existing security
arrangements between Israel and Egypt.
----------
52. An Amendment To Be Offered by Representative Wilson of South
Carolina or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. _. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this Act
or otherwise made available to the Department of Defense may be
made available, directly or indirectly, to the Badr
Organization.
----------
53. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XII:
SEC. 1214. SENSE OF CONGRESS SUPPORTING ASSISTANCE TO AFGHANISTAN.
It is the sense of Congress that the United States should
continue ongoing efforts to alleviate Afghanistan's
humanitarian crisis, restore central bank functionality, and to
channel international reserves belonging to the Afghan people
to restabilize Afghanistan's economy.
----------
54. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13_. COMPREHENSIVE STRATEGY TO COUNTER GRAY ZONE OPERATIONS AND
OTHER HYBRID WARFARE METHODS.
(a) In General.--The President shall develop and submit to
the appropriate congressional committees a comprehensive
strategy to counter gray zone operations and other hybrid
warfare methods of foreign adversaries and competitors and
develop pro-active efforts to put forth United States interests
to counter such operations and methods.
(b) Matters to Be Included.--The strategy required by
subsection (a) shall include--
(1) an identification of United States interests
described in such subsection; and
(2) a description of the means to achieve such
interests.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
----------
55. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13_. STUDY ON DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION
ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE
UNITED STATES.
(a) In General.--The Secretary of Defense shall conduct a
study on the use and implementation of the authority of section
1210A of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1626), relating to
Department of Defense support for stabilization activities in
national security interest of the United States.
(b) Matters to Be Included.--The study required by subsection
(a) shall include the following:
(1) A review of the use and implementation of the
authority of section 1210A of the National Defense
Authorization Act for Fiscal Year 2020.
(2) An identification of the number of requests for
support made by the Department of State, the United
States Agency for International Development, and other
Federal agencies pursuant to such authority and number
of such requests granted by the Department of Defense.
(3) An identification of the total amount of support
provided by the Department of Defense pursuant to such
requests so granted.
(c) Report.--
(1) In general.--The Secretary of Defense shall
submit to the appropriate congressional committees a
report that contains the results of the study required
by subsection (a).
(2) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) congressional defense committees; and
(B) the Committee on Foreign Affairs of the
House of Representatives and the Committee on
Foreign Relations of the Senate.
----------
56. An Amendment To Be Offered by Representative Castor of Florida or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following
new section:
SEC. 3__. REQUIREMENT TO INCLUDE INFORMATION RELATING TO ELECTRIC
VEHICLE CHARGING IN CERTAIN MILITARY CONSTRUCTION
PROJECT PROPOSALS.
(a) Requirement.--As part of the Department of Defense Form
1391 submitted to the appropriate committees of Congress for a
military construction project for a facility that includes (or
is planned to include) parking for covered motor vehicles, the
Secretary concerned shall include the following:
(1) A proposal for the provision of charging stations
and other covered infrastructure sufficient to cover
the anticipated electricity demand of the electric
charging, concurrently, for not less than 15 percent of
all covered motor vehicles planned to be parked at the
facility.
(2) The cost of constructing such stations and
infrastructure in the overall cost of the project.
(3) An analysis of whether a parking structure or lot
will be the primary charging area for covered motor
vehicles or if another area, such as public works or
the motor pool, will be the primary charging area.
(b) Applicability.--The requirement under subsection (a)
shall apply with respect to military construction projects for
which a Department of Defense Form 1391 is submitted to the
appropriate committees of Congress beginning on or after the
date of the enactment of this Act.
(c) Definitions.--In this section:
(1) The terms ``charging station'' and ``covered
infrastructure'' have the meanings given those terms in
section 314(e).
(2) The term ``covered motor vehicle'' means a
Federal Government motor vehicle, including a motor
vehicle leased by the Federal Government.
(3) The term ``Defense Agency'' has the meaning given
that term in section 101(a) of title 10, United States
Code.
(4) The term ``Secretary concerned'' means--
(A) the Secretary of a military department,
with respect to facilities under the
jurisdiction of that Secretary; and
(B) the Secretary of Defense, with respect to
matters concerning--
(i) facilities of the Defense
Agencies; or
(ii) facilities of a reserve
component owned by a State rather than
the United States.
----------
57. 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. __. 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 vehicles.
----------
58. An Amendment To Be Offered by Representative Strickland of
Washington or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, add the following new
section:
SEC. 5__. INCLUSION OF ADDITIONAL INFORMATION ON THE SENIOR RESERVE
OFFICERS' TRAINING CORPS IN REPORTS ACCOMPANYING
THE NATIONAL DEFENSE STRATEGY.
Section 113(m) of title 10, United States Code, is amended--
(1) by redesignating the second paragraph (8) as
paragraph (11);
(2) by redesignating the first paragraph (8), as
paragraph (10);
(3) by redesignating paragraphs (5), (6), and (7)
paragraphs (7), (8), and (9), respectively; and
(4) by inserting after paragraph (4) the following
new paragraphs:
``(5) The number of Senior Reserve Officers' Training
Corps scholarships awarded during the fiscal year
covered by the report, disaggregated by gender, race,
and ethnicity, for each military department.
``(6) The program completion rates and program
withdrawal rates of Senior Reserve Officers' Training
Corps scholarship recipients during the fiscal year
covered by the report, disaggregated by gender, race,
and ethnicity, for each military department.''.
----------
59. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
Page 398, insert after line 17 the following:
SEC. 599. 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.
----------
60. An Amendment To Be Offered by Representative Soto of Florida or His
Designee, Debatable for 10 Minutes
Page 507, after line 22, insert the following new subsection
(and redesignate the following subsections accordingly):
(d) Inclusion of Certain Demographic Data.--The data
specified in subparagraphs (A) through (D) of subsection (b)(1)
shall include a description and analysis of the demographic
information of the medical personnel covered by each such
subparagraph, including with respect to the following:
(1) Race (presented in the aggregate and
disaggregated by the same major race categories as are
used in the decennial census of population and housing
conducted by the Director of the Census Bureau).
(2) Ethnicity.
(3) Gender identity.
----------
61. An Amendment To Be Offered by Representative Evans of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 5__. MODIFICATION OF ANNUAL REPORT ON DEMOGRAPHICS OF MILITARY
SERVICE ACADEMY APPLICANTS.
Subsection (c)(2) of section 575 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 7442 note) is amended by
adding at the end the following new subparagraph:
``(C) Any significant disparity in gender,
race, ethnicity, or other demographic category
described in subsection (b), and any suspected
cause of such disparity within the application
or nominating process.''.
----------
62. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 446, after line 25, insert the following:
(E) The unique needs or challenges facing the
population of such military installation that
may require additional tailored resources,
including--
(i) the needs of non-English speaking
members of that population; and
(ii) the needs of English as a second
language members of that population.
----------
63. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
In subtitle C of title VII, add at the end the following:
SEC. 746. STUDY ON THE IMPACT OF MILITARY TRAUMA AND INTIMATE PARTNER
VIOLENCE ON MATERNAL HEALTH OUTCOMES.
(a) Study.--The Secretary of Defense shall carry out a study
on the impact of military trauma and intimate partner violence
on maternal health outcomes, with a focus on racial and ethnic
backgrounds.
(b) Report.--The Secretary of Defense shall issue a report to
the Congress containing all findings and determinations made in
carrying out the study required under subsection (a).
----------
64. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, insert the following:
SEC. 10__. REPORT ON DEPARTMENT OF DEFENSE RECRUITMENT ADVERTISING TO
RACIAL AND ETHNIC MINORITY COMMUNITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) efforts by the Armed Forces to ensure diversity
among the force are commendable;
(2) it is cause for concern that efforts by the Armed
Forces to ensure that the Armed Forces of the United
States reflect the society of the United States are
being reduced by the use of advertising that does not
adequately target racial and ethnic minority
communities;
(3) the Armed Forces face many challenges but should
maintain, and where possible, increase advertising
within racial and ethnic minority communities to
support the commitment of the Armed Forces to ensuring
a strong diverse force;
(4) to adequately reach minority communities, the
Armed Forces should use minority-owned media outlets
and advertising agencies that have demonstrated an
ability to connect with racial and ethnic minority
communities;
(5) recruitment advertising within minority
communities is an important avenue toward building
interest and understanding in serving the United States
in uniform; and
(6) the Armed Forces and the Department of Defense
should maintain a commitment to diversity recruiting
and retention.
(b) Report.--Not later than June 1, 2023, the Secretary of
Defense shall submit to the congressional defense committees a
report on the efforts of the Department of Defense to increase
marketing and advertising with minority-owned media outlets and
advertising agencies to adequately reach racial and ethnic
minority communities.
----------
65. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert 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.
----------
66. An Amendment To Be Offered by Representative Dingell of Michigan or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title V, insert the following:
SEC. 5__. INSPECTOR GENERAL INVESTIGATION INTO DISCRIMINATION AGAINST
MEMBERS AND EMPLOYEES OF MIDDLE EASTERN AND NORTH
AFRICAN DESCENT.
(a) Investigation.--The Assistant Inspector General for
Diversity and Inclusion of the Department of Defense shall
conduct an investigation into discrimination faced by members
of the Armed Forces, and civilian employees of the Department,
who are of Middle Eastern or North African descent.
(b) Report.--Not later than one year after the date of the
enactment of this Act, Assistant Inspector General shall submit
to the Committees on Armed Services of the House of
Representatives and Senate a report containing the results of
such investigation.
----------
67. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of division E, insert the following:
SEC. 5806. 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.
----------
68. An Amendment To Be Offered by Representative Bergman of Michigan or
His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. ____. FOREIGN STATE COMPUTER INTRUSIONS.
(a) In General.--Chapter 97 of title 28, United States Code,
is amended by inserting after section 1605B the following:
``Sec. 1605C. Computer intrusions by a foreign state
``A foreign state shall not be immune from the jurisdiction
of the courts of the United States or of the States in any case
not otherwise covered by this chapter in which money damages
are sought against a foreign state by a national of the United
States for personal injury, harm to reputation, or damage to or
loss of property resulting from any of the following
activities, whether occurring in the United States or a foreign
state:
``(1) Unauthorized access to or access exceeding
authorization to a computer located in the United
States.
``(2) Unauthorized access to confidential, electronic
stored information located in the United States.
``(3) The transmission of a program, information,
code, or command to a computer located in the United
States, which, as a result of such conduct, causes
damage without authorization.
``(4) The use, dissemination, or disclosure, without
consent, of any information obtained by means of any
activity described in paragraph (1), (2), or (3).
``(5) The provision of material support or resources
for any activity described in paragraph (1), (2), (3),
or (4), including by an official, employee, or agent of
such foreign state.''.
(b) Application.--This section and the amendments made by
this section shall apply to any action pending on or filed on
or after the date of the enactment of this Act.
----------
69. 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 VII the following new
section:
SEC. 782. PILOT PROGRAMS OF DEFENSE HEALTH AGENCY RELATING TO SEXUAL
HEALTH.
(a) Telehealth Pilot Program on Sexual Health.--
(1) Establishment.--The Director of the Defense
Health Agency shall carry out a five-year telehealth
pilot program for sexual health (in this subsection
referred to as the ``telehealth pilot program'').
(2) Eligibility.--An individual is eligible to
participate in the telehealth pilot program if the
individual is a member of the uniformed services on
active duty enrolled in TRICARE Prime, without regard
to whether a health care professional has referred the
individual for such participation.
(3) Applications.--
(A) In general.--Eligible individuals seeking
to participate in the telehealth pilot program
shall submit to the Director an application for
participation at such time, in such form, and
containing such information as the Director may
prescribe.
(B) Online accessibility.--Any application
form under subparagraph (A) shall be accessible
online.
(4) Number of participants.--In selecting
participants for the telehealth pilot program from
among eligible individuals who have submitted an
application in accordance with paragraph (3), the
Director may establish a cap limiting the number of
such participants only if--
(A) the Director determines that such limited
participation is necessary as a result of
limited provider availability; and
(B) not later than 30 days after making such
determination, the Director submits to the
congressional defense committees a report that
includes--
(i) a description of the limited
provider availability upon which the
Director has based such determination;
(ii) an identification of the total
number of eligible individuals who have
submitted an application in accordance
with paragraph (3); and
(iii) an estimated timeline for
lifting the cap established.
(5) Telehealth screenings.--
(A) In general.--Under the telehealth pilot
program, the Director shall furnish to any
eligible individual who elects to participate
in such program a telehealth screening. During
such screening, a health care provider shall--
(i) conduct a remote assessment with
respect to the individual's sexual
health, including any medication
conditions related to the individual's
sexual health
(ii) provide comprehensive counseling
on the full range of methods of
contraception available to the
individual, in accordance with the
clinical practice guidelines
established under section 718 of the
National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92;
129 Stat. 686; 10 U.S.C. 1074d note);
(iii) as applicable, diagnose the
individual or, pursuant to subparagraph
(B), order appropriate follow-up
diagnostic services as necessary as a
result of the assessment under clause
(i); and
(iv) prescribe such prescription
medications, including contraceptives
or Pre-Exposure Prophylaxis, as may be
determined necessary by the provider as
a result of such assessment.
(B) Laboratory diagnostic services.--In
diagnosing an individual under subparagraph
(A)(iii), a health care provider may furnish to
the individual such laboratory diagnostic
services as may be necessary for the diagnosis
(including mail-order laboratory diagnostic
services).
(C) Prescriptions.--The Director shall ensure
that prescriptions under subparagraph (A)(iv)
may be filled through either military medical
treatment facility pharmacies or the national
mail-order pharmacy program under the TRICARE
program.
(6) Follow-up remote appointments.--If a health care
provider prescribes medications to an individual
pursuant to a screening under the telehelath pilot
program, that health care provider shall conduct such
follow-up remote appointments as may be necessary to
monitor the health of the individual following
fulfilment of the prescription.
(7) Coordination with facilities.--The Director shall
coordinate with each military commander or director of
a military medical treatment facility to facilitate the
provision through the facility of laboratory and other
services necessary for the furnishment of screenings
and the fulfilment of prescriptions under the
telehealth pilot program.
(8) Contract authority.--In carrying out the
telehealth pilot program, the Director may enter into
contracts under such program with providers of mail-
order laboratory services and providers of mail-order
contraceptives or Pre-Exposure Prophylaxis for the
furnishment of laboratory services or the fulfilment of
prescriptions under paragraph (5).
(9) 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 congressional defense committees a report on the
status and effects of the telehealth pilot program.
Each such report shall include, with respect to the
year covered by the report, the following:
(A) The number of health care providers who
have furnished services under the telehealth
pilot program, dissagregated by whether the
provider is a TRICARE network provider.
(B) The average wait time for screenings
under the telehealth pilot program.
(C) Any effect of the telehealth pilot
program with respect to the Defense Health
Agency.
(D) Such other information relating to the
status or effect of the telehealth pilot
program as may be determined relevant by the
Secretary.
(b) Pilot Program on Required Sexual Health Screenings.--
(1) In general.--The Director of the Defense Health
Agency shall carry out a five-year pilot program to
require certain sexual health screenings (in this
subsection referred to as the ``pilot program'').
(2) Sexual health screenings.--
(A) In general.--Under the pilot program, the
Director shall ensure that, during the period
in which the pilot program is carried out, each
covered member completes a sexual health
screening on an annual basis and prior to any
deployment of the covered member.
(B) Notice requirement.--The Director shall
ensure that, prior to a covered member
receiving a sexual health screening under the
pilot program, the covered member is provided
notice, and submits an acknowledgment, that the
results of such screening shall be subject to
the confidentiality provisions under paragraph
(3).
(C) Option for follow-up appointment.--
Following the provision of a sexual health
screening to a covered member under the pilot
program, the covered member may elect to
receive a follow-up appointment related to such
screening. Any such follow-up appointment shall
be conducted by the provider specified in
paragraph (4) responsible for reviewing the
results of the screening.
(3) Confidentiality.--
(A) Transmission of results outside chain of
command.--Except as provided in subparagraph
(B), the results of a sexual health screening
furnished to a covered member under the pilot
program shall be transmitted for review to the
provider specified in paragraph (4) at the
military medical treatment facility nearest to
the location at which the screening was
furnished. Such results may not be transmitted
to or otherwise accessed by the following:
(i) Any individual in the chain of
command of the covered member.
(ii) The primary health care provider
for the unit of the covered member.
(B) Exception at election of member.--The
results of a sexual health screening furnished
to a covered member under the pilot program may
be transmitted for review to, or otherwise
accessed by, the primary health care provider
for the unit of the covered member at the
election of the covered member.
(C) Severability of results.--If a sexual
health screening under the pilot program is
furnished as part of a periodic health
assessment (or other similar assessment)
provided to a covered member, the results of
such screening shall be separated from the
other results of the assessment for purposes of
separate transmission and review in accordance
with subparagraph (A).
(4) Sexual health or infectious disease health care
providers.--The Director shall ensure that at each
military medical treatment facility there is a health
care provider with a specialty in sexual health or
infectious diseases who shall review screening results
under the pilot program.
(5) 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 congressional defense committees a report on the
status and effects of the pilot program.
(c) Definitions.--In this section:
(1) The term ``covered member'' means a member of a
uniformed service described in section 1074(a)(2) of
title 10, United States Code.
(2) The term ``military medical treatment facility''
means a facility specified in section 1073d of title
10, United States Code.
(3) The terms ``TRICARE Prime'' and ``TRICARE
program'' have the meaning given those terms in section
1072 of such title.
----------
70. An Amendment To Be Offered by Representative Gonzalez-Colon of
Texas or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle J of title V, insert the
following new section:
SEC. 5__ REPORT ON NON-CITIZEN MEMBERS OF THE ARMED FORCES.
Section 147(b) of title 10, United States Code, is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10);
and
(3) by inserting after paragraph (8) the following
new paragraph:
``(9) shall submit to the congressional defense
committees an annual report on--
``(A) the number of members of the Armed
Forces who are not citizens of the United
States during the year covered by such report;
``(B) the immigration status of such members;
and
``(C) the number of such members naturalized;
and''.
----------
71. An Amendment To Be Offered by Representative Jones of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, add the following:
SEC. 5__. PLAN TO COMBAT RACIAL BIAS, DISCRIMINATION, AND HARASSMENT
AGAINST ASIAN AMERICAN SERVICE MEMBERS, CIVILIANS,
AND CONTRACTOR PERSONNEL.
(a) Sense of Congress.--It is the sense of Congress that:
(1) Asian American service members, civilians, and
contractors serve with honor and distinction in the
Department of Defense.
(2) Asian Americans continue to be underrepresented
in the Department of Defense and other national
security agencies, especially at senior leadership and
general and flag officer levels.
(3) Greater recruitment, retention, and inclusion of
Asian American personnel, particularly those with
language skills and cultural competencies, is critical
to implementation of the Administration's Interim
National Security Strategic Guidance and National
Defense Strategy, both of which place greater emphasis
on strategic competition in the Indo-Pacific region.
(4) The Department of Defense has a responsibility to
take meaningful action in addressing the higher rates
of racially or ethnically rooted bias, discrimination,
and harassment experienced and reported by service
members, civilians, and contractor personnel of Asian
American descent, especially women.
(5) Protecting and upholding our values in diversity,
equity, and inclusion at home are essential to our
efforts in promoting democracy and inclusion abroad.
(b) Plan Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) submit to the congressional defense committees a
report that includes--
(A) an assessment of the extent to which
Department of Defense service members,
civilians, and contractor personnel experience
anti-Asian bias, discrimination, or harassment,
including contributing factors such as the
security clearance review process;
(B) a review of Department of Defense
programs, policies, and practices that impact
diversity, equity, and inclusion goals,
especially with respect to such service
members, civilians, and contractor personnel
who are Asian Americans; and
(C) recommendations, developed in
consultation with Asian American organizations,
to address unconscious bias, discrimination,
and harassment targeted at Asian Americans and
to improve recruitment and retention of Asian
American service members, civilians, and
contractor personnel, including accountability
measures and improvements to services to inform
and support personnel with resolving
discrimination complaints through
administrative or judicial processes; and
(2) make the report required under paragraph (1)
publicly available on the website of the Department of
Defense.
(c) Implementation and Update.--Not later than 2 years after
the date of the enactment of this Act, the Secretary of Defense
shall--
(1) implement the recommendations described in
subsection (b)(1)(C); and
(2) provide to the congressional defense committees
an update on the implementation of such
recommendations.
----------
72. An Amendment To Be Offered by Representative Aguilar of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. ADMINISTRATION OF RISK-BASED SURVEYS TO CERTAIN EDUCATIONAL
INSTITUTIONS.
(a) Development Required.--The Secretary of Defense, acting
though the Voluntary Education Institutional Compliance Program
of the Department of Defense, shall develop a risk-based survey
for oversight of covered educational institutions.
(b) Scope.--
(1) In general.--The scope of the risk-based survey
developed under subsection (a) shall be determined by
the Secretary.
(2) Specific elements.--At a minimum the scope
determined under paragraph (1) shall include the
following:
(A) Rapid increase or decrease in enrollment.
(B) Rapid increase in tuition and fees.
(C) Complaints tracked and published from
students pursuing programs of education, based
on severity or volume of the complaints.
(D) Student completion rates.
(E) Indicators of financial stability.
(F) Review of the advertising and recruiting
practices of the educational institution,
including those by third-party contractors of
the educational institution.
(G) Matters for which the Federal Government
or a State Government brings an action in a
court of competent jurisdiction against an
educational institution, including matters in
cases in which the Federal Government or the
State comes to a settled agreement on such
matters outside of the court.
(c) Action or Event.--
(1) Suspension.--If, pursuant to a risk-based survey
under this section. the Secretary determines that an
educational institution has experienced an action or
event described in paragraph (2), the Secretary may
suspend the participation of the institution in
Department of Defense programs for a period of two-
year, or such other period as the Secretary determines
appropriate.
(2) Action or event described.--An action or event
described in this paragraph is any of the following:
(A) The receipt by an educational institution
of payments under the heightened cash
monitoring level 2 payment method pursuant to
section 487(c)(1)(B) of the Higher Education
Act of 1965 (20 U.S.C. 1094).
(B) Punitive action taken by the Attorney
General, the Federal Trade Commission, or any
other Federal department or agency for
misconduct or misleading marketing practices
that would violate the standards defined by the
Secretary of Veterans Affairs.
(C) Punitive action taken by a State against
an educational institution.
(D) The loss, or risk of loss, by an
educational institution of an accreditation
from an accrediting agency or association,
including notice of probation, suspension, an
order to show cause relating to the educational
institution's academic policies and practices
or to its financial stability, or revocation of
accreditation.
(E) The placement of an educational
institution on provisional certification status
by the Secretary of Education.
(d) Database.--The Secretary shall establish a searchable
database or use an existing system, as the Secretary considers
appropriate, to serve as a central repository for information
required for or collected during site visits for the risk-based
survey developed under subsection (a), so as to improve future
oversight of educational institutions.
(e) Covered Educational Institution.--In this section, the
term ``covered educational institution'' means an educational
institution selected by the Secretary based on quantitative,
publicly available metrics indicating risk designed to separate
low-risk and high-risk institutions, to focus on high-risk
institutions.
----------
73. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title III, insert the following
new section:
SEC. 3__. REQUIREMENT FOR PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF
DEFENSE LEAD TESTING.
Section 345 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1645; 10 U.S.C.
2715 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or
lead'' after ``(commonly referred to as
`PFAS')''; and
(B) in paragraph (2), by inserting ``or
lead'' after ``substances''; and
(2) in subsections (b), (d), and (e), by inserting
``or lead'' after ``polyfluoroalkyl substances'' each
place such term appears.
----------
74. An Amendment To Be Offered by Representative Deutch of Florida or
His Designee, Debatable for 10 Minutes
At the end of division E, add the following:
TITLE LIX--LIBYA STABILIZATION ACT
SEC. 5901. SHORT TITLE.
This title may be cited as the ``Libya Stabilization Act''.
SEC. 5902. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to advance a peaceful resolution to the conflict
in Libya through a United Nations-facilitated Libyan-
led and Libyan-owned political process as the best way
to secure United States interests and to ensure the
sovereignty, independence, territorial integrity, and
national unity of Libya;
(2) to engage regularly at the senior-most levels in
support of the continued observance of the ceasefire in
Libya, the fair and transparent allocation of Libya's
resources, the reunification of security and economic
institutions, and agreement among Libyans on a
consensual constitutional basis that would lead to
credible presidential and parliamentary elections as
soon as possible;
(3) to support the implementation of United Nations
Security Council Resolutions 1970 (2011) and 1973
(2011), which established an arms embargo on Libya, and
subsequent resolutions modifying and extending the
embargo;
(4) to enforce 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 (April 19, 2016)), designed to
target individuals or entities who ``threaten the
peace, security, and stability of Libya'';
(5) to oppose attacks on civilians, medical workers,
and critical infrastructure, including water supplies,
in Libya, and to support accountability for those
engaged in such heinous actions;
(6) to support Libya's sovereignty, independence,
territorial integrity, and national unity consistent
with United Nations Security Council Resolution 2510
(2020) and all predecessor resolutions with respect to
Libya, including by--
(A) taking action to end the violence and
flow of arms;
(B) rejecting attempts by any party to
illicitly export Libya's oil; and
(C) urging the withdrawal of foreign military
and mercenary forces;
(7) to engage in diplomacy to convince parties to
conflict and political dispute in Libya to support the
continuity of the October 2020 ceasefire and persuade
foreign powers to withdraw personnel, including
mercenaries, weapons, and financing that may reignite
or exacerbate conflict;
(8) to support political dialogue among Libyans and
advance an inclusive Libyan-led and Libyan-owned
political process;
(9) to support the nearly 2.8 million Libyans who
registered to vote;
(10) to help protect Libya's civilian population and
implementing humanitarian and international
organizations from the risk of harm resulting from
explosive hazards such as landmines, improvised
explosive devices (IEDs), and unexploded ordnance
(UXO);
(11) to support constant, unimpeded, and reliable
humanitarian access to those in need and to hold
accountable those who impede or threaten the delivery
of humanitarian assistance;
(12) to seek to bring an end to severe forms of
trafficking in persons such as slavery, forced labor,
and sexual exploitation, including with respect to
migrants;
(13) to advocate for the immediate release and safe
evacuations of detained refugees and migrants trapped
by the fighting in Libya;
(14) to encourage implementation of UNSMIL's plan for
the organized and gradual closure of migrant detention
centers in Libya;
(15) to support greater defense institutional
capacity building after a comprehensive political
settlement;
(16) to discourage all parties from heightening
tensions in Libya and its environs, through unhelpful
and provocative actions.
(17) to support current and future democratic
development and economic recovery of Libya both during
and after a negotiated peaceful political solution,
pursuant to Libya's status as a Global Fragility Act
partner state; and
(18) to partner with various U.S. government
agencies, multilateral organizations, and local
partners to strengthen security, prosperity, and
stability in Libya, pursuant to Libya's status as a
Global Fragility Act partner state.
Subtitle A--Identifying Challenges to Stability in Libya
SEC. 5911. REPORT ON ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS AND
ACTORS IN LIBYA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of the Treasury and the Director of National
Intelligence, should submit to the appropriate congressional
committees a report that includes--
(1) a description of the full extent of involvement
in Libya by foreign governments, including the
Governments of Russia, Turkey, the United Arab
Emirates, Egypt, Sudan, Chad, China, Saudi Arabia, and
Qatar, including--
(A) a description of which governments have
conducted or facilitated drone and aircraft
strikes in Libya since April 2019 not related
to efforts to combat Al Qaeda, the Islamic
State, or affiliated entities;
(B) a list of the types and estimated amounts
of equipment transferred since April 2019 by
each government described in this paragraph to
the parties to conflict in Libya, including
foreign military contractors, mercenaries, or
paramilitary forces operating in Libya;
(C) an estimate of the financial support
provided since April 2019 by each government
described in this paragraph to the parties to
conflict in Libya, including foreign military
contractors, mercenaries, or paramilitary
forces operating in Libya; and
(D) a description of the activities of any
regular, irregular, or paramilitary forces,
including foreign military contractors,
mercenary groups, and militias operating inside
Libya, at the direction or with the consent of
the governments described in this paragraph;
(2) an analysis of whether the actions by the
governments described in paragraph (1)--
(A) violate the arms embargo on Libya
established under United Nations Security
Council Resolution 1970 (2011) as reaffirmed by
subsequent Security Council resolutions;
(B) may contribute to violations of
international humanitarian law; or
(C) involve weapons of United States origin
or were in violation of United States end user
agreements;
(3) a description of United States diplomatic
engagement with any governments found to be in
violation of the arms embargo regarding strengthened
implementation of the embargo;
(4) a list of the specific offending materiel,
training, or financial support transfers provided by a
government described in paragraph (1) that violate the
arms embargo on Libya under United Nations Security
Council Resolution 2571 (2021) and predecessor Security
Council resolutions;
(5) an analysis of the activities of foreign armed
groups, including the Russian Wagner Group, military
contractors and mercenaries employed or engaged by the
governments of Turkey and the United Arab Emirates,
affiliates of the Islamic State (ISIS), al-Qaida in the
Islamic Maghreb (AQIM), and other extremist groups, in
Libya;
(6) a discussion of whether and to what extent
conflict or instability in Libya is enabling the
recruitment and training efforts of armed groups,
including affiliates of ISIS, AQIM, and other extremist
groups;
(7) a description of efforts by the European Union,
North Atlantic Treaty Organization (NATO), and the Arab
League, and their respective member states, to
implement and enforce the arms embargo and maintain a
sustainable ceasefire;
(8) a description of any violations of the arms
embargo by European Union member states; and
(9) a description of United States diplomatic
engagement with the European Union, NATO, and the Arab
League regarding implementation and enforcement of the
United Nations arms embargo, ceasefire monitoring, and
election support.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
(c) 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.
SEC. 5912. REPORT OF RUSSIAN ACTIVITIES AND OBJECTIVES IN LIBYA.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of the Treasury and the Secretary of
Defense, 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 an assessment of
Russian activities and objectives in Libya, including--
(1) an assessment of Russian influence and objectives
in Libya;
(2) the potential threat such activities pose to the
United States, southern Europe, NATO, and partners in
the Mediterranean Sea and North African region;
(3) the direct role of Russia in Libyan financial
affairs, to include issuing and printing currency;
(4) Russia's use of mercenaries, military
contractors, equipment, and paramilitary forces in
Libya;
(5) an assessment of sanctions and other policies
adopted by United States partners and allies against
the Wagner Group and its destabilizing activities in
Libya, including sanctions on Yevgeny Prigozhin; and
(6) an identification of foreign companies and
persons that have provided transportation, logistical,
administrative, air transit, border crossing, or money
transfer services to Russian mercenaries or armed
forces operating on behalf of the Russian Government in
Libya, and an analysis of whether such entities meet
the criteria for 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) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 5913. DETERMINATION OF SANCTIONABLE ACTIVITIES OF THE LIBYAN
NATIONAL ARMY WITH RESPECT TO SYRIA.
Not later than 180 days after the date of the enactment of
this Act, the President shall submit to the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a list of any
members of the Libyan National Army (LNA), and details of their
activities, which the President has determined are knowingly
responsible for sanctionable offenses pursuant to--
(1) section 7412 of the Caesar Syria Civilian
Protection Act of 2019 (22 U.S.C. 8791 note; 133 Stat.
2292); or
(2) Executive Order 13582 (76 Fed. Reg. 52209;
relating to blocking property of the Government of
Syria and prohibiting certain transactions with respect
to Syria (August 17, 2011)).
Subtitle B--Actions to Address Foreign Intervention in Libya
SEC. 5921. SANCTIONS WITH RESPECT TO FOREIGN PERSONS LEADING,
DIRECTING, OR SUPPORTING CERTAIN FOREIGN GOVERNMENT
INVOLVEMENT IN LIBYA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall impose each of
the sanctions described in section 5924 with respect to each
foreign person who the President determines knowingly engages
in an activity described in subsection (b).
(b) Activities Described.--A foreign person engages in an
activity described in this subsection if the person leads,
directs, or provides significant financial, material, or
technological support to, or knowingly engages in a significant
transaction with, a non-Libyan foreign person who is--
(1) in Libya in a military or commercial capacity as
a military contractor, mercenary, or part of a
paramilitary force; and
(2) engaged in significant actions that threaten the
peace, security, or stability of Libya.
SEC. 5922. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THREATENING THE
PEACE OR STABILITY OF LIBYA.
(a) Imposition of Sanctions.--The President shall impose each
of the sanctions described in section 5924 with respect to each
foreign person on the list required by subsection (b).
(b) List.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a list of--
(1) foreign persons, including senior government
officials, militia leaders, paramilitary leaders, and
other persons who provide significant support to
militia or paramilitary groups in Libya, that the
President determines are knowingly--
(A) engaged in significant actions or
policies that threaten the peace, security, or
stability of Libya, including any supply of
significant arms or related materiel in
violation of a United Nations Security Council
resolution on Libya;
(B) engaged in significant actions or
policies that obstruct, undermine, delay, or
impede, or pose a significant risk of
obstructing, undermining, delaying, or impeding
the United Nations-mediated political processes
that seek a negotiated and peaceful solution to
the Libyan crisis, including a consensual
constitutional basis that would lead to
credible presidential and parliamentary
elections as soon as possible and ongoing
maintenance of the October 2020 ceasefire;
(C) engaged in significant actions that may
lead to or result in the misappropriation of
significant state assets of Libya;
(D) involved in the significant illicit
exploitation of crude oil or any other natural
resources in Libya, including the significant
illicit production, disruption of production,
refining, brokering, sale, purchase, or export
of Libyan oil;
(E) significantly threatening or coercing
Libyan state financial institutions or
disrupting the operations of the Libyan
National Oil Company; or
(F) significantly responsible for actions or
policies that are intended to undermine efforts
to maintain peace and promote stabilization and
economic recovery in Libya;
(2) foreign persons who the President determines are
successor entities to persons designated for engaging
in activities described in subparagraphs (A) through
(F) of paragraph (1); and
(c) Updates of List.--The President shall submit to the
appropriate congressional committees an updated list under
subsection (b)--
(1) not later than 180 days after the date of the
enactment of this Act and annually thereafter for a
period of 5 years; or
(2) as new information becomes available.
(d) Form.--The list required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
(e) 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.
SEC. 5923. SANCTIONS WITH RESPECT TO FOREIGN PERSONS WHO ARE
RESPONSIBLE FOR OR COMPLICIT IN GROSS VIOLATIONS OF
INTERNATIONALLY RECOGNIZED HUMAN RIGHTS COMMITTED
IN LIBYA.
(a) Imposition of Sanctions.--The President may impose 5 out
of the 12 sanctions described in section 235 of Countering
America's Adversaries Through Sanctions Act (Public Law 115-44)
with respect to each foreign person on the list required by
subsection (b).
(b) List of Persons.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the President shall
submit to the appropriate congressional committees a
list of senior foreign persons, including senior
government officials, militia leaders, para-military
leaders, and other persons who provide significant
support to militia or paramilitary groups in Libya,
that the President determines are each knowingly
responsible for or complicit in, or have directly or
in- directly engaged in, on or after the date of
enactment gross violations of internationally
recognized human rights committed in Libya.
(2) Updates of list.--The President shall submit to
the appropriate congressional committees an updated
list under paragraph (1)--
(A) not later than 180 days after the date of
the enactment of this Act and annually
thereafter for a period of 5 years; or
(B) as new information becomes available.
(3) Form.--The list required by paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(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.
SEC. 5924. SANCTIONS DESCRIBED.
(a) Sanctions Described.--The sanctions described in this
section are the following:
(1) Blocking of property.--The President may exercise
all of the powers granted to the President by the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) (except that the requirements of section
202 of such Act (50 U.S.C. 1701) shall not apply) to
the extent necessary to block and prohibit all
transactions in property and interests in property of
the person if such property and interests in property
are in the United States, come within the United
States, or are or come within the possession or control
of a United States person.
(2) Inadmissibility of certain individuals.--
(A) Ineligibility for visas, admission,or
parole.--A foreign person who is an individual
and who meets any of the criteria described
section 5921 or 5922 may be determined by the
Secretary of State to be--
(i) inadmissible to the United
States;
(ii) ineligible to receive a visa or
other documentation to enter the United
States; and
(iii) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--A foreign person
who is an individual and who meets any of the
criteria described section 5921 or 5922 may be
subject to the following:
(i) Revocation of any visa or other
entry documentation by the Secretary of
State regardless of when the visa or
other entry documentation is or was
issued.
(ii) A revocation under clause (i)
shall--
(I) take effect immediately
in accordance with section
221(i) of the Immigration and
Nationality Act, (8 U.S.C.
1201(i)); and
(II) cancel any other valid
visa or entry documentation
that is in the foreign person's
possession.
(b) Penalties.--The penalties provided for in subsections (b)
and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) shall apply to a person who
violates, attempts to violate, conspires to violate, or causes
a violation of regulations issued under section 5926(2) of this
title to carry out subsection (a)(1) to the same extent that
such penalties apply to a person who commits an unlawful act
described in section 206(a) of the International Emergency
Economic Powers Act.
(c) Exception.--Sanctions under subsection (a)(2) shall not
apply 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 of the United States.
(d) Exception to Comply With National Security.--The
following activities shall be exempt from sanctions under this
section:
(1) Activities subject to the reporting requirements
under title V of the National Security Act of 1947 (50
U.S.C. 3091 et seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.
SEC. 5925. WAIVER.
(a) In General.--The Secretary of State may waive, for one or
more periods not to exceed 90 days, the application of
sanctions imposed on a foreign person under this subtitle if
the President--
(1) determines and reports to Congress that such a
waiver is in the national security interest of the
United States; and
(2) thereafter submits to the appropriate
congressional committees a justification for such
waiver.
(b) 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.
SEC. 5926. IMPLEMENTATION AND REGULATORY AUTHORITY.
The President--
(1) is authorized to exercise all authorities
provided to the President under sections 203 and 205 of
the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this title; and
(2) shall issue such regulations, licenses, and
orders as are necessary to carry out this title.
SEC. 5927. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this subtitle shall not include the authority
or requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In 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.
SEC. 5928. DEFINITIONS.
In this subtitle:
(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) Foreign person.--The term ``foreign person''
means an individual or entity who is not a United
States person.
(3) Foreign government.--The term ``foreign
government'' means any government of a country other
than the United States.
(4) 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.
(5) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States
citizen or an alien lawfully admitted for
permanent residence to the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the
United States, including a foreign branch of
such an entity; or
(C) any person in the United States.
(6) Gross violations of internationally recognized
human rights.--The term ``gross vio- lations of
internationally recognized human rights'' has the
meaning given such term in section 502B(d)(1) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)).
SEC. 5929. SUSPENSION OF SANCTIONS.
(a) In General.--The President may suspend in whole or in
part the imposition of sanctions otherwise required under this
subtitle for periods not to exceed 90 days if the President
determines that the parties to the conflict in Libya have
agreed to and are upholding a sustainable, good-faith ceasefire
in support of a lasting political solution in Libya.
(b) Notification Required.--Not later than 30 days after the
date on which the President makes a determination to suspend
the imposition of sanctions as described in subsection (a), the
President shall submit to the appropriate congressional
committees a notification of the determination.
(c) Reimposition of Sanctions.--Any sanctions suspended under
subsection (a) shall be reimposed if the President determines
that the criteria described in that subsection are no longer
being met.
SEC. 5930. SUNSET.
The requirement to impose sanctions under this subtitle shall
cease to be effective on December 31, 2026.
Subtitle C--Assistance for Libya
SEC. 5931. HUMANITARIAN RELIEF FOR THE PEOPLE OF LIBYA AND
INTERNATIONAL REFUGEES AND MIGRANTS IN LIBYA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should, including in
alignment with Libya's status inclusion in the U.S.
Global Fragility Act Strategy--
(A) continue senior-level efforts to address
humanitarian needs in Libya, which has been
exacerbated by conflict and the COVID-19
pandemic;
(B) engage diplomatically with Libyan
entities to guarantee constant, reliable
humanitarian access by frontline providers in
Libya;
(C) engage diplomatically with the Libyan
entities, the United Nations, and the European
Union to encourage the voluntary safe passage
of detained vulnerable migrants and refugees
from the conflict zones in Libya; and
(D) support efforts to document and publicize
gross violations of internationally recognized
human rights and international humanitarian
law, including efforts related to severe forms
of trafficking in persons such as slavery,
forced labor, and sexual exploitation, and hold
perpetrators accountable; and
(2) deliver humanitarian assistance targeted toward
those most in need and delivered through partners that
uphold internationally recognized humanitarian
principles, with robust monitoring to ensure assistance
is reaching intended beneficiaries.
(b) Assistance Authorized.--The Administrator of the United
States Agency for International Development, in coordination
with the Secretary of State, should continue to support
humanitarian assistance to individuals and communities in
Libya, including--
(1) health assistance, including logistical and
technical assistance to hospitals, ambulances, and
health clinics in affected communities, including
migrant communities, and provision of basic public
health commodities, including support for an effective
response to the COVID-19 pandemic;
(2) services, such as medicines and medical supplies
and equipment;
(3) assistance to provide--
(A) protection, food, and shelter, including
to migrant communities;
(B) water, sanitation, and hygiene (commonly
referred to as ``WASH''); and
(C) resources and training to increase
communications and education to help
communities slow the spread of COVID-19 and to
increase vaccine acceptance; and
(4) technical assistance to ensure health, food, and
commodities are appropriately selected, procured,
targeted, monitored, and distributed.
(c) Strategy.--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 appropriate
congressional committees a strategy on the following:
(1) How the United States, working with relevant
foreign governments and multilateral organizations,
plans to address the humanitarian situation in Libya.
(2) Diplomatic efforts by the United States to
encourage strategic burden-sharing and the coordination
of donations with international donors, including
foreign governments and multilateral organizations to
advance the provision of humanitarian assistance to the
people of Libya and international migrants and refugees
in Libya.
(3) How to address humanitarian access challenges and
ensure protection for vulnerable refugees and migrants,
including protection from severe forms of trafficking
in persons such as slavery, forced labor, and sexual
exploitation.
(4) How the United States is mitigating risk,
utilizing third party monitors, and ensuring effective
delivery of assistance.
(5) How to address the tragic and persistent deaths
of migrants and refugees at sea and human trafficking.
(d) Integration of Department of State-led Stabilization
Efforts.--
(1) Sense of congress.--It is the sense of Congress
that the Secretary of State, working with United States
allies, international organizations, and implementing
partners, including local implementing partners, to the
extent practicable, should continue coordinated
international stabilization efforts in Libya to--
(A) build up the capacity of implementers and
national mine action authorities engaged in
conventional weapons destruction efforts and
mine risk education training and programs; and
(B) conduct operational clearance of
explosive remnants of war resulting from the
2011 revolution and current military conflict
in Libya, including in territory previously
occupied by ISIS-Libya, and particularly in
areas where unexploded ordnance, booby traps,
and anti-personnel and anti-vehicle mines
contaminate areas of critical infrastructure
and large housing districts posing a risk of
civilian casualties.
(2) In general.--To the maximum extent practicable,
humanitarian assistance authorized under subsection (b)
and the strategy required by subsection (c) shall take
into account and integrate Department of State-led
stabilization efforts--
(A) to address--
(i) contamination from landmines and
other explosive remnants of war left
from the 2011 revolution and current
military conflict in Libya, including
in territory previously occupied by
ISIS-Libya; and
(ii) proliferation of illicit small
arms and light weapons resulting from
such conflict and the destabilizing
impact the proliferation of such
weapons has in Libya and neighboring
countries; and
(B) to mitigate the threat that destruction
of conventional weapons poses to development,
the delivery of humanitarian assistance, and
the safe and secure return of internally
displaced persons.
(e) Appropriate Congressional Committees Defined.--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.
SEC. 5932. SUPPORT FOR DEMOCRATIC GOVERNANCE, ELECTIONS, AND CIVIL
SOCIETY.
(a) In General.--The Secretary of State should coordinate
United States Government efforts to--
(1) work with the United Nations Support Mission in
Libya and transitional authorities in Libya to prepare
for national elections, as called for by the Libyan
Political Dialogue, and a subsequent political
transition;
(2) support efforts to resolve the current civil
conflict in Libya;
(3) work to help the people of Libya and a future
Libyan government develop functioning, unified Libyan
economic, security, and governing institutions;
(4) work to ensure free, fair, inclusive, and
credible elections organized by an independent and
effective High National Elections Commission in Libya,
including through supporting electoral security and
international election observation and by providing
training and technical assistance to institutions with
election-related responsibilities, as appropriate;
(5) work with the people of Libya, nongovernmental
organizations, and Libya institutions to strengthen
democratic governance, reinforce civilian institutions
and support decentralization, in line with relevant
Libyan laws and regulations, in order to address
community grievances, promote social cohesion, mitigate
drivers of violent extremism, and help communities
recover from Islamic State occupation;
(6) defend against gross violations of
internationally recognized human rights in Libya,
including by supporting efforts to document such
violations;
(7) to combat corruption and improve the transparency
and accountability of Libyan government institutions;
and
(8) to support the efforts of independent media
outlets to broadcast, distribute, and share information
with the Libyan people.
(b) Risk Mitigation and Assistance Monitoring.--The Secretary
of State and Administrator of the United States Agency for
International Development should ensure that appropriate steps
are taken to mitigate risk of diversion of assistance for Libya
and ensure reliable third-party monitoring is utilized for
projects in Libya that United States Government personnel are
unable to access and monitor.
(c) Report.--
(1) In general.--Not later than 180 days after
enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United
States Agency for International Development, should
submit to the appropriate congressional committees a
report on the activities carried out under subsection
(a).
(2) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs, the
Committee on Financial Services, 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.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated $30,000,000 for fiscal year 2022 to carry
out subsection (a).
(2) Notification requirements.--Any expenditure of
amounts made available to carry out subsection (a)
shall be subject to the notification requirements
applicable to--
(A) expenditures from the Economic Support
Fund under section 531(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346(c)); and
(B) expenditures from the Development
Assistance Fund under section 653(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 16
2413(a)).
SEC. 5933. ENGAGING INTERNATIONAL FINANCIAL INSTITUTIONS TO ADVANCE
LIBYAN ECONOMIC RECOVERY AND IMPROVE PUBLIC SECTOR
FINANCIAL MANAGEMENT.
(a) In General.--The Secretary of the Treasury should
instruct the United States Executive Director at each
international financial institution to use the voice, vote, and
influence of the United States to support, in a way that is
consistent with broader United States national interests, a
Libyan-led process to develop a framework for the economic
recovery of Libya and improved public sector financial
management, complementary to United Nations-led peace efforts
and in support of democratic institutions and the rule of law
in Libya.
(b) Additional Elements.--To the extent consistent with
broader United States national interests, the framework
described in subsection (a) should include the following policy
proposals:
(1) To restore, respect, and safeguard the integrity,
unity, and lawful governance of Libya's key economic
ministries and institutions, in particular the Central
Bank of Libya, the Libya Investment Authority, the
National Oi Corporation, and the Audit Bureau (AB).
(2) To improve the accountability and effectiveness
of Libyan authorities, including sovereign economic
institutions, in providing services and opportunity to
the Libyan people.
(3) To assist in improving public financial
management and reconciling the public accounts of
national financial institutions and letters of credit
issued by private Libyan financial institutions as
needed pursuant to a political process.
(4) To restore the production, efficient management,
and development of Libya's oil and gas industries so
such industries are resilient against disruption,
including malign foreign influence, and can generate
prosperity on behalf of the Libyan people.
(5) To promote the development of private sector
enterprise.
(6) To improve the transparency and accountability of
public sector employment and wage distribution.
(7) To strengthen supervision of and reform of Libyan
financial institutions.
(8) To eliminate exploitation of price controls and
market distorting subsidies in the Libyan economy.
(9) To support opportunities for United States
businesses.
(c) Consultation.--In supporting the framework described in
subsection (a), the Secretary of the Treasury should instruct
the United States Executive Director at each international
financial institution to encourage the institution to consult
with relevant stakeholders in the financial, governance, and
energy sectors.
(d) Definition of International Financial Institution.--In
this section, the term ``international financial institution''
means the International Monetary Fund, International Bank for
Reconstruction and Development, European Bank for
Reconstruction and Development, International Development
Association, International Finance Corporation, Multilateral
Investment Guarantee Agency, African Development Bank, African
Development Fund, Asian Development Bank, Inter-American
Development Bank, Bank for Economic Cooperation and Development
in the Middle East and North Africa, and Inter-American
Investment Corporation.
(e) Termination.--The requirements of this section shall
cease to be effective on December 31, 2026.
SEC. 5934. RECOVERING ASSETS STOLEN FROM THE LIBYAN PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State, the Secretary of the Treasury, and the
Attorney General should, to the extent practicable, advance a
coordinated international effort--
(1) to carry out special financial investigations to
identify and track assets taken from the people and
institutions of Libya through theft, corruption, money
laundering, or other illicit means; and
(2) to work with foreign governments--
(A) to share financial investigations
intelligence, as appropriate;
(B) to oversee the assets identified pursuant
to paragraph (1); and
(C) to provide technical assistance to help
governments establish the necessary legal
framework to carry out asset forfeitures.
(b) Additional Elements.--The coordinated international
effort described in subsection (a) should include input from--
(1) the Office of Terrorist Financing and Financial
Crimes of the Department of the Treasury;
(2) the Financial Crimes Enforcement Network of the
Department of the Treasury; and
(3) the Money Laundering and Asset Recovery Section
of the Department of Justice.
SEC. 5935. AUTHORITY TO EXPAND EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS WITH LIBYA.
(a) Sense of Congress.--It is the sense of Congress that the
United States should expand educational and cultural exchange
programs with Libya to promote mutual understanding and people-
to-people linkages between the United States and Libya.
(b) Authority.--The President is authorized to expand
educational and cultural exchange programs with Libya,
including programs carried out under the following:
(1) The J. William Fulbright Educational Exchange
Program referred to in paragraph (1) of section 112(a)
of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2460(a)).
(2) The International Visitors Program referred to in
paragraph (3) of such section.
(3) The U.S.-Middle East Partnership Initiative
(MEPI) Student Leaders Program.
(4) The Youth Exchange and Study Program.
(5) Other related programs administered by the
Department of State.
----------
75. An Amendment To Be Offered by Representative Maloney of New York or
Her Designee, Debatable for 10 Minutes
At the end of division E, insert the following:
SEC. 5806. FEDERAL CONTRACTING FOR PEACE AND SECURITY.
(a) Purpose.--It is the policy of the Federal Government not
to conduct business with companies that undermine United States
national security interests by continuing to operate in the
Russian Federation during its ongoing war of aggression against
Ukraine.
(b) Contracting Prohibition.--
(1) Prohibition.--The head of an executive agency may
not enter into, extend, or renew a covered contract
with a company that continues to conduct business
operations in territory internationally recognized as
the Russian Federation during the covered period.
(2) Exceptions.--
(A) Good faith exemption.--The Office of
Management and Budget, in consultation with the
General Services Administration, may exempt a
contractor from the prohibition in paragraph
(1) if the contractor has--
(i) pursued and continues to pursue
all reasonable steps in demonstrating a
good faith effort to comply with the
requirements of this Act; and
(ii) provided to the executive agency
a reasonable, written plan to achieve
compliance with such requirements.
(B) Permissible operations.--The prohibition
in paragraph (1) shall not apply to business
operations in Russia authorized by a license
issued by the Office of Foreign Assets Control
or the Bureau of Industry and Security or is
otherwise allowed to operate notwithstanding
the imposition of sanctions.
(C) American diplomatic mission in russia.--
The prohibition in paragraph (1) shall not
apply to contracts related to the operation and
maintenance of the United States Government's
consular offices and diplomatic posts in
Russia.
(D) Individual contracts.--The prohibition
under paragraph (1) shall not apply to any
contract that is any of the following:
(i) For the benefit, either directly
or through the efforts of regional
allies, of the country of Ukraine.
(ii) For humanitarian purposes to
meet basic human needs.
(3) National security and public interest waivers.--
(A) In general.--The head of an executive
agency is authorized to waive the prohibition
under paragraph (1) with respect to a covered
contract if the head of the agency certifies in
writing to the President that such waiver is
for the national security of the United States
or in the public interest of the United States,
and includes in such certification a
justification for the waiver and description of
the contract to which the waiver applies. The
authority in this subparagraph may not be
delegated below the level of the senior
procurement executive of the agency.
(B) Congressional notification.--The head of
an executive agency shall, not later than 7
days before issuing a waiver described in
subparagraph (A), submit to the appropriate
congressional committees the certification
described in such subparagraph.
(4) Emergency rulemaking authority.--Not later than
60 days after the date of the enactment of this Act,
the Director of the Office of Management and Budget, in
consultation with the Administrator of General Services
and the Secretary of Defense, shall promulgate
regulations for agency implementation of this Act using
emergency rulemaking procedures while considering
public comment to the greatest extent practicable, that
includes the following:
(A) A list of equipment, facilities,
personnel, products, services, or other items
or activities, the engagement with which would
be considered business operations, subject to
the prohibition under paragraph (1).
(B) A requirement for a contractor or offeror
to represent whether such contractor or offeror
uses any of the items on the list described in
subparagraph (A).
(C) A description of the process for
determining a good faith exemption described
under paragraph (2).
(5) Definitions.--In this section:
(A) Appropriate congressional committees.--
The term ``appropriate congressional
committees'' means the Committee on Homeland
Security and Governmental Affairs of the Senate
and the Committee on Oversight and Reform of
the House of Representatives.
(B) Business operations.--
(i) In general.--Except as provided
in clauses (ii) and (iii), the term
``business operations'' means engaging
in commerce in any form, including
acquiring, developing, selling,
leasing, or operating equipment,
facilities, personnel, products,
services, personal property, real
property, or any other apparatus of
business or commerce.
(ii) Exceptions.--The term ``business
operations'' does not include any of
the following:
(I) Action taken for the
benefit of the country of
Ukraine.
(II) Action serving
humanitarian purposes to meet
basic human needs, including
through a hospital, school, or
non-profit organization.
(III) The provision of
products or services for
compliance with legal,
reporting, or other
requirements of the laws or
standards of countries other
than the Russian Federation.
(IV) Journalistic and
publishing activities, news
reporting, or the gathering and
dissemination of information,
informational materials,
related services, or
transactions ordinarily
incident to journalistic and
publishing activities.
(iii) Exception for suspension or
termination actions.--The term
``business operations'' does not
include action taken to support the
suspension or termination of business
operations (as described in clause (i))
for the duration of the covered period,
including--
(I) an action to secure or
divest from facilities,
property, or equipment;
(II) the provision of
products or services provided
to reduce or eliminate
operations in territory
internationally recognized as
the Russian Federation or to
comply with sanctions relating
to the Russian Federation; and
(III) activities that are
incident to liquidating,
dissolving, or winding down a
subsidiary or legal entity in
Russia through which operations
had been conducted.
(C) Covered contract.--The term ``covered
contract'' means a prime contract entered into
by an executive agency with a company
conducting business operations in territory
internationally recognized as the Russian
Federation during the covered period.
(D) Covered period.--The term ``covered
period'' means the period of time beginning 90
days after the date of the enactment of this
Act and ending on a date that is determined by
the Secretary of State based on steps taken by
the Russian Federation to restore the safety,
sovereignty, and condition of the country of
Ukraine, or 10 years after the date of the
enactment of this Act, whichever is sooner.
(E) Executive agency.--The term ``executive
agency'' has the meaning given the term in
section 133 of title 41, United States Code.
----------
76. An Amendment To Be Offered by Representative Spanberger of Virginia
or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title XV, add the following:
SEC. 15__. REQUIREMENT TO NOTIFY CHIEF OF MISSION OF MILITARY OPERATION
IN THE INFORMATION ENVIRONMENT.
Section 398 of title 10, United States Code, as added and
amended by section 1511, is further amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection (g):
``(g) Requirement to Notify Chief of Mission.--The Secretary
may not authorize a military operation in the information
environment under this title intended to cause an effect in a
country unless the Secretary fully informs the chief of mission
for that country under section 207 of the Foreign Service Act
of 1980 (22 U.S.C. 3927) of the planned operation.''.
----------
77. An Amendment To Be Offered by Representative Khanna of California
or His Designee, Debatable for 10 Minutes
Page 857, after line 6, insert the following:
SEC. 1336. UNITED STATES-INDIA DEFENSE PARTNERSHIP.
(a) Strong United States-India Defense Partnership.--It is
the sense of Congress that--
(1) a strong United States-India defense partnership,
rooted in shared democratic values, is critical in
order to advance United States interests in the Indo-
Pacific region; and
(2) this partnership between the world's oldest and
largest democracies is critical and must continue to be
strengthened in response to increasing threats in the
Indo-Pacific regions, sending an unequivocal signal
that sovereignty and international law must be
respected.
(b) United States-India Initiative on Critical and Emerging
Technologies (iCET).--The Congress finds that the United
States-India Initiative on Critical and Emerging Technologies
(iCET) is a welcome and essential step to developing closer
partnerships between governments, academia, and industry in the
United States and India to address the latest advances in
artificial intelligence, quantum computing, biotechnology,
aerospace, and semiconductor manufacturing. Such collaborations
between engineers and computer scientists are vital to help
ensure that the United States and India, as well as other
democracies around the world, foster innovation and facilitate
technological advances which continue to far outpace Russian
and Chinese technology.
(c) Border Threats From China and Reliance on Russian-built
Weapons.--Congress recognizes that--
(1) India faces immediate and serious regional border
threats from China, with continued military aggression
by the Government of China along the India-China
border,
(2) India relies on Russian-built weapons for its
national defense, and
(3) the United States should take additional steps to
encourage India to accelerate India's transition off
Russian-built weapons and defense systems while
strongly supporting India's immediate defense needs.
(d) Waiver of CAATSA Sanctions in Best Interests of United
States and the United States-India Defense Partnership.--While
India faces immediate needs to maintain its heavily Russian-
built weapons systems, a waiver to sanctions under the
Countering America's Adversaries Through Sanctions Act during
this transition period is in the best interests of the United
States and the United States-India defense partnership to deter
aggressors in light of Russia and China's close partnership.
----------
78. An Amendment To Be Offered by Representative Auchincloss of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title III the following:
SEC. 373. SECRETARY OF DEFENSE REPORT ON ESTABLISHING PROCEDURE FOR
ALERTING ABOUT EXPOSURE TO PERFLUOROALKYL
SUBSTANCES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit a
report to Congress detailing how to establish a process for
alerting active and retired members of the Armed Forces (and
their families) about any applicable exposure of such
individuals to perfluoroalkyl substances, and any potential
health risks resulting from such exposure.
(b) Applicable Exposure Defined.--For purposes of subsection
(a), ``applicable exposure'' means exposure while serving on a
military base that contains perfluoroalkyl substance
contamination of more than the acceptable exposure limits
provided by the Environmental Protection Agency (0.004 parts
per trillion (ppt) for perfluorooctanoic acid (PFOA) and 0.02
ppt for perfluorooctane sulfonic acid (PFOS)).
----------
79. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. DESTRUCTION OF MATERIALS CONTAINING PFAS WITH TECHNOLOGIES
NOT REQUIRING INCINERATION.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report on the progress of the Department
of Defense in implementing on-site PFAS destruction
technologies not requiring incineration. The report shall
include the following:
(1) A list of technologies that modify the
characteristics of the waste such that it is no longer
classified as hazardous waste and can be disposed of
through more cost-effective mixed waste protocols.
(2) An identification of any such technologies that
have undergone, are undergoing, or will undergo testing
by the Environmental Security Technology Certification
Program and the status of such testing.
(3) The results of any such testing.
(b) Guidance.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall prescribe guidance on best
practices and preferred methods for destruction and disposal of
PFAS wastes with an emphasis on alternatives to incineration.
(c) Extension of Moratorium.--The Secretary of Defense shall
prohibit the incineration of covered materials under section
343 of the National Defense Authorization Act for Fiscal Year
2022 (10 U.S.C. 2701 note) until the date on which the
Secretary prescribes the guidance required under subsection
(b).
----------
80. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
Page 1327, line 9, insert ``, including schools operated by
the Department of Defense Education Activity'' after ``other
sites''.
Page 1330, line 23, insert ``, the Committee on Education and
Labor,'' after ``Commerce''.
At the end of title LVIII of division E, insert the
following:
SEC. __. SCHOOL PFAS TESTING AND FILTRATION PROGRAM.
(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary of Defense, in
coordination with the Administrator of the Environmental
Protection Agency, shall establish a program to--
(1) test for perfluoroalkyl and polyfluoroalkyl
substances in drinking water at eligible entities,
which testing shall be conducted by an entity approved
by the Administrator or the applicable State to conduct
the testing;
(2) install, maintain, and repair water filtration
systems effective for reducing perfluoroalkyl and
polyfluoroalkyl substances in drinking water at
eligible entities that contains a level of any
perfluoroalkyl or polyfluoroalkyl substance that
exceeds--
(A) an applicable maximum contaminant level
established by the Administrator under section
1412 of the Safe Drinking Water Act (42 U.S.C.
300g-1); or
(B) an applicable standard established by the
applicable State that is more stringent than
the level described in subparagraph (A); and
(3) safely dispose of spent water filtration
equipment used to reduce perfluoroalkyl and
polyfluoroalkyl substances in drinking water at
schools.
(b) Public Availability.--The Secretary of Defense shall--
(1) make publicly available, including, to the
maximum extent practicable, on the website of the
eligible entity, a copy of the results of any testing
carried out under this section; and
(2) notify relevant parent, teacher, and employee
organizations of the availability of the results
described in paragraph (1).
(c) Definitions.--In this section:
(1) The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) The term ``eligible entity'' means a school
operated by the Department of Defense Education
Activity.
----------
81. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, insert the following:
SEC. 5__. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED FIREARMS.
(a) Establishment.--The Secretary of Defense shall establish
a voluntary pilot program to promote the safe storage of
personally owned firearms.
(b) Elements.--Under the pilot program under subsection (a),
the Secretary of Defense shall furnish to members of the Armed
Forces described in subsection (c) secure gun storage or safety
devices for the purpose of securing personally owned firearms
when not in use (including by directly providing, subsidizing,
or otherwise making available such devices).
(c) Voluntary Participants.--A member of the Armed Forces
described in this subsection is a member of the Armed Forces
who elects to participate in the pilot program under subsection
(a) and is stationed at a military installation selected under
subsection (e).
(d) Plan.--Not later than one year after the date of
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a plan for the
implementation of the pilot program under subsection (a).
(e) Selection of Installations.--Not later than two years
after the date of the enactment of this Act, the Secretary of
Defense shall select not fewer than five military installations
at which to carry out the pilot program under subsection (a).
(f) Duration.--The duration of the pilot program under
subsection (a) shall be for a period of six years.
(g) Report.--Upon the termination of the pilot program under
subsection (a), the Secretary of Defense shall submit to the
congressional defense committees a report containing the
following information:
(1) The number and type of secure gun storage or
safety devices furnished to members of the Armed Forces
under such pilot program.
(2) The cost of such pilot program.
(3) An analysis of the effect of such pilot program
on suicide prevention.
(4) Such other information as the Secretary may
determine appropriate, except that such information may
not include the personally identifiable information of
a participant in such pilot program.
(h) Secure Gun Storage or Safety Device Defined.--In this
subsection, the term ``secure gun storage or safety device''
means--
(1) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated
without first deactivating the device;
(2) a device incorporated into the design of the
firearm that is designed to prevent the operation of
the firearm by any individual without access to the
device; or
(3) a safe, gun safe, gun case, lock box, or other
device that may be used to store a firearm and is
designed to be unlocked only by a key, combination, or
other similar means.
----------
82. An Amendment To Be Offered by Representative Lynch of Massachusetts
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title VI, insert the following:
SEC. 6__. PLAN FOR REIMBURSEMENT OF CERTAIN EXPENSES OF CERTAIN MEMBERS
AND VETERANS RELATED TO AFGHANISTAN EVACUATION.
(a) Plan.--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 plan (in this
section referred to as the ``Plan'') to reimburse members of
the Armed Forces serving on active duty and veterans who
expended personal funds in support of efforts to evacuate, from
Afghanistan, Afghan nationals who previously supported military
or reconstruction missions of the United States in Afghanistan.
(b) Consultation.--In developing the plan, the Secretary
shall consult with the following:
(1) The Secretary of State.
(2) The Secretary of Veterans Affairs.
(3) Non-governmental organizations and veterans
service organizations with expertise in supporting the
evacuation of Afghan nationals from Afghanistan.
(c) Elements.--The Plan shall include the following elements:
(1) Eligibility requirements for members of the Armed
Forces serving on active duty and veterans to file a
reimbursement claim under the Plan.
(2) The criteria for reimbursement, including the
types of reimbursable claims and maximum reimbursement
limit.
(3) The process for filing a reimbursement claim.
(4) The supporting documentation required to file a
reimbursement claim.
(5) An estimate of the costs that would be associated
with implementing the Plan.
(d) Public Availability.--Not later than one year after the
date of the enactment of this Act, the Secretary shall of
Defense post the plan on a publicly available website of the
Department of Defense.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means:
(1) With respect to the House of Representatives:
(A) The Committee on Oversight and Reform.
(B) The Committee on Armed Services.
(2) With respect to the Senate:
(A) The Committee on Homeland Security and
Government Affairs.
(B) The Committee on Armed Services.
----------
83. An Amendment To Be Offered by Representative Stauber of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, insert the following:
SEC. 5__. RECURRING REPORT REGARDING COVID-19 MANDATE.
Not later than 60 days after the date of the enactment of
this Act and every 60 days thereafter until the Secretary of
Defense lifts the requirement that a member of the Armed Forces
shall receive a vaccination against COVID-19, the Secretary
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report, without any personally
identifiable information, containing the following:
(1) With regard to religious exemptions to such
requirement--
(A) the number of such exemptions for which
members applied;
(B) the number of such religious exemptions
denied;
(C) the reasons for such denials;
(D) the number of members denied such a
religious exemption who complied with the
requirement; and
(E) the number of members denied such a
religious exemption who did not comply with the
requirement who were separated, and with what
characterization.
(2) With regard to medical exemptions to such
requirement--
(A) the number of such medical exemptions for
which members applied;
(B) the number of such medical exemptions
denied;
(C) the reasons for such denials;
(D) the number of members denied such a
medical exemption who complied with the
requirement; and
(E) the number of members denied such a
medical exemption who did not comply with the
requirement who were separated, and with what
characterization.
----------
84. An Amendment To Be Offered by Representative Aguilar of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SEC. 5__. MYSTEP: PROVISION ONLINE AND IN MULTIPLE LANGUAGES.
The Secretary concerned shall provide all services of the
Military Spouse Transition Program (commonly referred to as
``MySTeP'') online and in English, Spanish, Tagalog, and the
rest of the 10 most commonly spoken languages in the United
States.
----------
85. An Amendment To Be Offered by Representative Aguilar of California
or His Designee, Debatable for 10 Minutes
Insert at the end of title LVIII the following:
SEC. __. REPORT ON EMT NATIONAL LICENSING STANDARDS.
The Secretary of Defense, in coordination with each branch of
the United States military, shall submit a report to Congress
on how the Department of Defense can feasibly incorporate EMT
national licensing standards into their existing training.
----------
86. An Amendment To Be Offered by Representative Auchincloss of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle F of title VIII the following:
SEC. 867. GAO REPORT ON DEPARTMENT OF DEFENSE CONTRACT FINANCING AND
COMMERCIAL BEST PRACTICES.
(a) Findings.--Congress finds as follows:
(1) In a 2019 report, the Comptroller General of the
United States directed the Department of Defense to
ensure it conducts a comprehensive assessment of the
effect that its contract financing and profit policies
have on the defense industry and update that assessment
on a recurring basis.
(2) The Department of Defense has commissioned an
independent study to evaluate--
(A) free cash flow in the defense sector;
(B) impacts to cash flow depending on
contract type and financing;
(C) financing and its impact on small
businesses; and
(D) the government accounting system
requirements for contractors.
(b) Study and Report.--Not later than 6 months after the date
of the completion of the study described in subsection (a)(2),
the Comptroller General of the United States shall submit to
the congressional defense committees a report assessing such
study, including an evaluation of the tools and authorities the
Department of Defense has available to ensure fair and
reasonable pricing of commercial products and services.
----------
87. An Amendment To Be Offered by Representative Auchincloss of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 1011, after line 7, insert the following:
SEC. 2004. DIRECTING THE SECRETARY OF DEFENSE TO CONTINUE MILITARY
HOUSING REFORMS.
(a) In General.--The Secretary of Defense shall consider--
(1) partnerships with innovative housing production
companies to build cost-effective multi-family housing
that is energy efficient and improve energy resiliency
in order to increase the supply of affordable housing
available to active duty members of the Armed Forces;
or
(2) purchasing multiple multi-family housing if this
results in an additional lower cost.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall report to
Congress on the considerations under subsection (a).
(c) Innovative Housing Production Company Defined.--In this
section, the term ``innovative housing production company''
means a company that offers housing in an area for which the
costs per unit is lower than the cost per unit of other housing
in the area that meets Federal, State, and local housing
standards, based on quality, accessibility, and durability.
----------
88. An Amendment To Be Offered by Representative Axne of Iowa or Her
Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. __. PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS OF THE
ARMED FORCES IN THE SKILLBRIDGE PROGRAM.
Section 1143(e)(2) of title 10, United States Code, is
amended to read as follows:
``(2) A member of the armed forces is eligible for a
program under this subsection if--
``(A) the member--
``(i) has completed at least 180 days
on active duty in the armed forces; and
``(ii) is expected to be discharged
or released from active duty in the
armed forces within 180 days of the
date of commencement of participation
in such a program; or
``(B) the member is a member of a reserve
component.''.
----------
89. An Amendment To Be Offered by Representative Bacon of Nebraska or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XII, add the following:
SEC. 12_. STATEMENT OF POLICY.
It is the policy of the United States that the NATO-Russia
Founding Act, signed May 27, 1997, in Paris, does not constrain
the deployment of United States or NATO forces in any way.
----------
90. An Amendment To Be Offered by Representative Bacon of Nebraska or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. ALLOWABLE USES OF FUNDS UNDER THE COMMERCIAL WEATHER DATA
PILOT PROGRAM OF THE AIR FORCE.
Funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for the Air Force for the
Commercial Weather Data Pilot Program may be used only for the
piloting and demonstration of radio occultation data for use in
weather models.
----------
91. An Amendment To Be Offered by Representative Banks of Indiana or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 5__. REPORT ON TREATMENT OF CHINA IN CURRICULA OF PROFESSIONAL
MILITARY EDUCATION.
(a) In General.--Not later than December 1, 2022, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
regarding the treatment of China in the curricula of
institutions of military education, including changes to such
treatment implemented in the five years preceding the date of
such report.
(b) Definitions.--In this section:
(1) The term ``institutions of military education''
means--
(A) the professional military education
schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service
school; and
(E) the Naval Postgraduate School.
(2) The terms ``intermediate level service school'',
``joint intermediate level service school'', and
``senior level service school'' have the meaning given
such terms in section 2151 of title 10, United States
Code.
(3) The term ``professional military education
schools'' means the schools specified in section 2162
of title 10, United States Code.
----------
92. An Amendment To Be Offered by Representative Barr of Kentucky or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XIII the following:
SEC. __. REPORT ON AMERICAN INSTITUTE IN TAIWAN EFFORTS TO COMBAT
CERTAIN DISINFORMATION AND PROPAGANDA.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense (as appropriate), shall submit a
report to the appropriate Congressional Committees--
(1) on the efforts of the American Institute in
Taiwan to combat disinformation or propaganda
perpetuated by the Chinese Communist Party and People's
Republic of China in regards to--
(A) United States commitment to Taiwan's
self-defense, pursuant to the Taiwan Relations
Act;
(B) United States Foreign Military Sales to
Taiwan; and
(C) United States economic cooperation with
Taiwan; and
(2) that contains--
(A) an assessment of the effectiveness of the
efforts of the American Institute in Taiwan in
combating disinformation or propaganda
perpetuated by the Chinese Communist Party and
People's Republic of China; and
(B) recommendations on how to better combat
such disinformation or propaganda.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
(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.
----------
93. An Amendment To Be Offered by Representative Barr of Kentucky or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XXVIII the following
new section:
SEC. 28__. FEASIBILITY STUDY FOR BLUE GRASS CHEMICAL AGENT-DESTRUCTION
PILOT PLANT.
(a) Study.--The Secretary of Defense, in consultation with
the Secretary of the Army, shall conduct a feasibility study to
assess potential missions, plants, or industries feasible for
Army or Department of Defense needs at the Blue Grass Chemical
Agent-Destruction Pilot Plant following the demolition and
remediation of the Blue Grass Chemical Agent-Destruction Pilot
Plant located at the Blue Grass Army Depot in Richmond,
Kentucky. The study shall include the following:
(1) Identification of any buildings and
infrastructure in the Blue Grass Chemical Agent-
Destruction Pilot Plant that could remain for future
Army or Department of Defense use.
(2) Cost savings associated with repurposing existing
infrastructure for Army or Department of Defense
purposes.
(3) Opportunities to fulfil requirements for defense
organic industrial base operations.
(4) Opportunities to fulfil requirements of Army
Materiel Command strategic planning, including
ammunition production.
(5) Opportunities to fulfil Army or Department of
Defense modernization requirements.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the study conducted under subsection (a).
----------
94. An Amendment To Be Offered by Representative Barr of Kentucky or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title VII the following:
SEC. __. SLEEP APNEA SCREENING.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for
Health Affairs shall provide a plan to the congressional
defense committees for a pilot program to screen for
obstructive sleep apnea among persons going through the officer
accession program.
(b) Plan Contents.--This plan required under subsection (a)
shall include--
(1) how many individuals will be tested under the
pilot program; and
(2) how much the pilot program would cost.
----------
95. An Amendment To Be Offered by Representative Bentz of Oregon or His
Designee, Debatable for 10 Minutes
At the end of subtitle C of title I, add the following new
section:
SEC. 1__. LIMITATION ON DIVESTMENT OF F-15 AIRCRAFT.
(a) Limitation.--Beginning on October 1, 2023, Secretary of
the Air Force may not divest, or prepare to divest, any covered
F-15 aircraft until a period of 180 days has elapsed following
the date on which the Secretary submits the report required
under subsection (b).
(b) Report Required.--The Secretary of the Air Force shall
submit to the congressional defense committees a report on the
following:
(1) Any plans of the Secretary to divest covered F-15
aircraft during the period covered by the most recent
future-years defense program submitted to Congress
under section 221 of title 10, United States Code,
including--
(A) a description of each proposed divestment
by fiscal year and location;
(B) an explanation of the anticipated effects
of such divestments on the missions, personnel,
force structure, and budgeting of the Air
Force;
(C) a description of the actions the
Secretary intends to carry out--
(i) to mitigate any negative effects
identified under subparagraph (B); and
(ii) to modify or replace the
missions and capabilities of any units
and military installations affected by
such divestments; and
(D) an assessment of how such divestments may
affect the ability of the Air Force to maintain
minimum tactical aircraft inventories.
(2) Any plans of the Secretary to procure covered F-
15 aircraft.
(3) Any specific plans of the Secretary to deviate
from procurement of new F-15EX aircraft as articulated
by the validated requirements contained in Air Force
Requirements Decision Memorandum, dated February 1,
2019, regarding F-15EX Rapid Fielding Requirements
Document, dated January 16, 2019.
(c) Covered F-15 Aircraft Defined.--In this section, the term
``covered F-15 aircraft'' means the following:
(1) F-15C aircraft.
(2) F-15D aircraft.
(3) F-15E aircraft.
(4) F-15EX aircraft.
----------
96. An Amendment To Be Offered by Representative Beyer of Virginia or
His Designee, Debatable for 10 Minutes
Page 961, strike lines 20 through 22 and insert the
following:
(A) each of the reports under subsection (b),
an unclassified version of the 2022 Nuclear
Posture Review, and a detailed, unclassified
summary of the analysis of alternatives
regarding the nuclear-capable sea-launched
cruise missile, have been submitted to the
congressional defense committees; and
----------
97. An Amendment To Be Offered by Representative Beyer of Virginia 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 USE OF DIGITAL TWIN TECHNOLOGIES IN THE
ARMED FORCES.
(a) In General.--Each Secretary of a military department
shall carry out a pilot program under which the Secretary
identifies, for each Armed Force under the jurisdiction of such
Secretary, not fewer than one and not more than three new areas
in which digital twin technology may be implemented to improve
the operations of the Armed Force. To the extent practicable,
consideration shall be given to operations involving reduced
manpower and autonomous systems.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, each Secretary of a military department
shall submit to the congressional defense committees a report
that includes--
(1) a description of each proposed area in which
digital twin technology may be implemented in
accordance with subsection (a);
(2) a plan for such implementation; and
(3) an explanation of any additional funding required
for such implementation.
----------
98. An Amendment To Be Offered by Representative Blumenauer of Oregon
or His Designee, Debatable for 10 Minutes
Page 142, line 23, insert ``and distribution centers of the
Defense Logistics Agency''.
Page 142, line 25, insert ``or centers, as the case may be,''
after ``installations''.
Page 143, line 3, insert ``and Distribution Centers'' after
``Installations''.
Page 143, line 4, insert ``of military installations'' after
``Selection''.
Page 145, after line 17, insert the following new paragraph:
(4) Selection of distribution centers.--
(A) Selection.--Not later than 180 days after
the date of the enactment of this Act, the
Director of the Defense Logistics Agency shall
select at least one distribution center of the
Defense Logistics Agency at which to carry out
the pilot program under subsection (a) and
submit to the Committees on Armed Services of
the House of Representatives and notification
containing an identification of any such
selected distribution center.
(B) Priority.--In selecting a distribution
center under subparagraph (A), the Director of
the Defense Logistics Agency shall apply the
same priorities as the Secretaries of the
military departments apply with respect to the
selection of a military installation under
paragraph (2) (including by taking into account
the same considerations specified in paragraph
(3)), except that, in addition to the
priorities specified in paragraph (2), the
Director shall also give priority to the
following:
(i) Distribution centers with
significant on-center use by vehicles
of class 3 or heavier, as determined
pursuant to table II of section 565.15
of title 49, Code of Federal
Regulations.
(ii) Distribution centers at which
there is, or are plans to develop,
renewable energy resource generation.
Page 145, line 19, strike ``In general'' and insert
``Military installations''.
Page 148, after line 2, insert the following new paragraph:
(4) Distribution centers.--Not later than one year
after the date on which the Director of the Defense
Logistics Agency submits a notification identifying a
distribution center under subsection (b)(1), the
Director shall submit to the Committees on Armed
Services of the House of Representatives and the Senate
a plan specified in paragraph (1) with respect to the
distribution center. Such plan shall include, with
respect to the distribution center, each of the same
elements required under paragraph (2) for a military
installation, and the Director may use expertise to the
same extent and in the same manner specified in
paragraph (3).
Page 148, line 5, insert ``or distribution center'' after
``installation''.
Page 150, after line 11, insert the following new paragraph:
(10) The term ``renewable energy resources'' has the
meaning given that term in section 403 of the Renewable
Energy Resources Act of 1980 (42 U.S.C. 7372).
----------
99. An Amendment To Be Offered by Representative Blunt Rochester of
Delaware or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, insert the following
new section:
SEC. 3__. REPORT ON COVERAGE OF BEHAVIORAL AND MENTAL HEALTH CRISIS
SERVICES UNDER TRICARE PROGRAM.
(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 scope of
coverage under the TRICARE program of inpatient and outpatient
behavioral and mental health crisis services.
(b) Matters.--The report under subsection (a) shall include,
with respect to the period beginning on January 1, 2019, and
ending on December 31, 2021, an identification of the
following:
(1) The total amount of funds expended under the
TRICARE program on behavioral and mental health crisis
services, disaggregated by the site at which the
service was furnished.
(2) The total amount of funds expended under such
program for other services furnished to individuals in
behavioral or mental health crisis.
(3) The provider types that billed for the services
specified in paragraphs (1) and (2).
(c) Definitions.--In this section:
(1) The term ``crisis services'' means the services
identified as such in the document of the Substance
Abuse and Mental Health Service Administration
published in 2020, titled ``National Guidelines for
Behavioral Health Crisis Care: Best Practice Toolkit''.
(2) The term ``TRICARE program'' has the meaning
given that term in section 1072 of title 10, United
States Code.
----------
100. An Amendment To Be Offered by Representative Blunt Rochester of
Delaware or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, insert the following
new section:
SEC. 7__. REPORT ON MENTAL HEALTH PROVIDER READINESS DESIGNATIONS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall update the registry
and provider lists under subsection (b) of section 717 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 868; 10 U.S.C. 1073 note) and submit to
the congressional defense committees a report containing--
(1) the number of providers that have received a
mental health provider readiness designation under such
section 717, disaggregated by geographic region and
provider specialty; and
(2) recommendations to incentivize, or otherwise
increase the number of, providers with such
designation.
----------
101. An Amendment To Be Offered by Representative Blunt Rochester of
Delaware or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VI, insert the following:
SEC. [6__] EXPANSION OF THE SPACE-AVAILABLE TRAVEL PROGRAM TO ALLOW
CERTAIN DISABLED VETERANS TO TRAVEL WITH A
CAREGIVER OR DEPENDENT ON CERTAIN AIRCRAFT.
(a) Exception to Limitation on Use of Travel Program Funds.--
Section 2641b(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) The limitation in paragraph (2) shall not apply to the
use of funds to purchase or design new equipment to carry out
paragraphs (4) and (5) of subsection (c).''.
(b) Certain Caregiver or Dependent Eligibility for Travel
Program.--Section 2641b(c) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively;
(2) in paragraph (6) (as redesignated by paragraph
(1)), by striking ``paragraphs (1) through (3)'' and
inserting ``paragraphs (1) through (4)''; and
(3) by inserting after paragraph (4) the following
new paragraph:
``(5) Subject to subsection (f) and under conditions
and circumstances as the Secretary shall specify in
regulations under subsection (a), a caregiver or family
caregiver (as such terms are defined in section 1720G
of title 38) of a veteran with a permanent service-
connected disability rated as total.''.
(c) Limitation on Priority in Travel Program.--Section
2641b(f) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``a veteran
eligible for travel pursuant to subsection (c)(4)'' and
inserting ``an individual eligible for travel pursuant
to paragraph (4) or (5) of subsection (c)''; and
(2) in paragraphs (2) and (3), by striking ``The
authority in subsection (c)(4)'' each place it appears
and inserting ``The authority in paragraph (4) or (5)
of subsection (c)''.
----------
102. An Amendment To Be Offered by Representative Blunt Rochester of
Delaware or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, insert the following
new section:
SEC. 7__. STUDY ON PROVIDER TRAINING GAPS WITH RESPECT TO SCREENING AND
TREATMENT OF MATERNAL MENTAL HEALTH CONDITIONS.
(a) Study.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Health Affairs, shall
conduct a study to identify gaps in the training of covered
providers with respect to the screening and treatment of
maternal mental health conditions. Such study shall include--
(1) an assessment of the level of experience of
covered providers with, and the attitudes of such
providers regarding, the treatment of pregnant and
postpartum women with mental or substance use
disorders; and
(2) recommendations for the training of covered
providers, taking into account any training gaps
identified pursuant to the study.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report containing the findings
of the study under section (a).
(c) Definitions.--In this section:
(1) The term ``covered provider'' means a maternal
health care provider or behavioral health provider
furnishing services under the military health system
(including under the TRICARE program).
(2) The term ``TRICARE program'' has the meaning
given that term in section 1072 of title 10, United
States Code.
----------
103. 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 V, insert the following:
SEC. 5__. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRACTICES IN
PUBLIC SECONDARY SCHOOLS.
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 military
recruitment practices in public secondary schools during
calendar years 2018 through 2022, including--
(1) the zip codes of public secondary schools visited
by military recruiters; and
(2) the number of recruits from public secondary
schools by zip code and local education agency.
----------
104. An Amendment To Be Offered by Representative Bowman of New York or
His Designee, Debatable for 10 Minutes
Page 432, line 13, strike ``equal to 2.4 percent'' and insert
``determined by the Secretary concerned, based on prevailing
economic conditions that adversely affect members, but in no
case shall be less than 2.4 percent''.
Page 785, line 17, strike ``equal to 2.4 percent'' and insert
``determined by the Secretary, based on prevailing economic
conditions that adversely affect civilian employees, but in no
case shall be less than 2.4 percent''.
Page 786, line 9, strike ``equal to 2.4 percent'' and insert
``determined by the Secretary, based on prevailing economic
conditions that adversely affect civilian employees, but in no
case shall be less than 2.4 percent''.
----------
105. An Amendment To Be Offered by Representative Bowman of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, insert the following:
SEC. 10__. PUBLIC AVAILABILITY OF INFORMATION ABOUT COST OF UNITED
STATES OVERSEAS MILITARY FOOTPRINT.
Section 1090 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by adding at
the end the following new subsections:
``(c) Additional Information.--For fiscal year 2023 and each
subsequent fiscal year, the Secretary of Defense, in
consultation with the Commissioner of the Internal Revenue
Service and the Director of the Bureau of Economic Analysis,
shall post on the public Internet website of the Department of
Defense the costs to each United States taxpayer of the
overseas military footprint of the United States, including--
``(1) the costs of building, maintaining, staffing
and operating all overseas military bases and
installations;
``(2) the personnel costs, including compensation,
housing and health care, for all members of the Armed
Forces deployed overseas at any point throughout the
fiscal year;
``(3) the costs paid to contractors providing goods
and services in support of overseas military bases,
installations, and operations;
``(4) the costs of conducting all overseas military
operations, including operations conducted by United
States Armed Forces, operations conducted using
unmanned weapons systems, covert operations, and
operations undertaken by, with, and through partner
forces;
``(5) the costs of all overseas military exercises
involving United States Armed Forces; and
``(6) the costs of all military training and
assistance provided by the United States to overseas
partner forces.
``(d) Display of Information.--The information required to be
posted under subsections (a) and (c) shall--
``(1) be posted directly on the website of the
Department of Defense, in an accessible and clear
format;
``(2) include corresponding documentation as links or
attachments; and--
``(3) include, for each overseas operation--
``(A) both the total cost to each taxpayer,
and the cost to each taxpayer for each fiscal
year, of conducting the overseas operation;
``(B) a list of countries where the overseas
operations have taken place; and
``(C) for each such country, both the total
cost to each taxpayer, and the cost to each
taxpayer for each fiscal year, of conducting
the overseas operations in that country.''.
----------
106. An Amendment To Be Offered by Representative Brown of Ohio or Her
Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title VIII the following:
SEC. 8__. REQUIRE FULL DOMESTIC PRODUCTION OF FLAGS OF THE UNITED
STATES ACQUIRED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--Section 4862 of title 10, United States
Code, is amended--
(1) in subsection (a), by inserting ``and in
subsection (l)'' after ``subsections (c) through (h)'';
and
(2) by adding at the end the following new
subsection:
``(l) Flag of the United States.--Notwithstanding subsection
(a), funds appropriated or otherwise available to the
Department of Defense may not be used for the procurement of a
flag of the United States unless such flag is manufactured--
``(1) in the United States; and
``(2) from articles, materials, and supplies grown,
mined, produced, or manufactured in the United
States.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply only with respect to contracts entered into on or
after the date of the enactment of this Act.
----------
107. An Amendment To Be Offered by Representative Brown of Ohio or Her
Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title VII the following:
SEC. __. REPORT ON MENTAL HEALTH CONDITIONS AND METABOLIC DISEASE AMONG
CERTAIN MEMBERS OF ARMED FORCES.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall conduct a study, and
submit to Congress a report, on the rate of incidence of the
simultaneous presence among members of the Armed Forces serving
on active duty of a metabolic disease and a mental health
condition (including post traumatic stress disorder,
depression, and anxiety) or substance use disorder.
----------
108. An Amendment To Be Offered by Representative Brownley of
California or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title I, add the following new
section:
SEC. 1__. FUNDING FOR C-130 MODULAR AIRBORNE FIREFIGHTING SYSTEM.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for aircraft procurement, Air
Force, as specified in the corresponding funding table in
section 4101, for other aircraft, C-130, line 049, is hereby
increased by $60,000,000 (with the amount of such increase to
be used for the modular airborne firefighting system).
(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 administration and service-wide
activities, Office of the Secretary of Defense, line 440, is
hereby reduced by $60,000,000.
----------
109. An Amendment To Be Offered by Representative Buchanan of Florida
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, add the following new
section:
SEC. 10__. STUDY AND REPORT ON POTENTIAL INCLUSION OF BLACK BOX DATA
RECORDERS IN TACTICAL VEHICLES.
(a) Study.--The Comptroller General of the United States
shall conduct a study to evaluate the feasability and
advisability of equipping all tactical vehicles of the Armed
Forces with black box data recorders.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to
the congressional defense committees a report on the results of
the study conducted under subsection (a).
----------
110. An Amendment To Be Offered by Representative Buchanan of Florida
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, insert the following
new section:
SEC. 7__. DROP BOXES ON MILITARY INSTALLATIONS FOR DEPOSIT OF UNUSED
PRESCRIPTION DRUGS.
(a) Drop Boxes.--The Secretary of Defense shall ensure there
is maintained on each military installation a drop box that is
accessible to members of the Armed Forces and the family
members thereof, into which such members and family members may
deposit unused prescription drugs.
(b) Prescription Drug Defined.--In this section, the term
``prescription drug'' has the meaning given that term in
section 1074g(i) of title 10, United States Code.
----------
111. An Amendment To Be Offered by Representative Buchanan of Florida
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, insert the following
new section:
SEC. 7__. STUDY ON ACCESSABILITY OF MENTAL HEALTH PROVIDERS AND
SERVICES FOR ACTIVE DUTY MEMBERS OF THE ARMED
FORCES.
(a) Study.--The Secretary of Defense shall conduct a study on
the accessibility of mental health care providers and services
for members of the Armed Forces serving on active duty,
including an assessment of--
(1) the accessibility of mental health care providers
on military installations;
(2) the accessibility of inpatient services for
mental health care for such members; and
(3) steps that may be taken to improve such
accessibility.
(b) Report.--Not later than 180 days 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 containing the findings
of the study under subsection (a).
----------
112. An Amendment To Be Offered by Representative Buck of Colorado or
His Designee, Debatable for 10 Minutes
At the end of subtitle I of title V, insert the following:
SEC. 5__. SENSE OF CONGRESS REGARDING SERVICE OF GARY ANDREW CYR.
(a) Findings.--Congress finds the following:
(1) On February 23, 1971, Corporal Gary Andrew Cyr
was 19 years old.
(2) Corporal Cyr was assigned to the 10th Pathfinder
Detachment in May of 1970 and served as a Special
Operations Pathfinder until January 1972.
(3) In February 1971, Corporal Cyr's Pathfinder Unit
was tasked with supporting Operation Dak Soo Ri 71-1, a
joint operation with Korean infantry units.
(4) On February 23, 1971, Corporal Cyr was the
Pathfinder air traffic controller and cargo loadmaster
for four flights and twelve landing pickup zones for
the Operation, including the primary insertion point.
(5) This Operation involved the insertion of over
1,000 Korean soldiers from two divisions and 31 sling
loads of cargo transported by 35 helicopters over the
course of the evening of February 23, 1971.
(6) Corporal Cyr was responsible for coordinating
incoming helicopter flights and providing accurate on-
the-ground information to the pilots, essentially
operating as a one-man air traffic control tower inside
a combat zone.
(7) Corporal Cyr's leadership and execution enabled
the mission to be completed in a minimum time period
with no damaged cargo or casualties.
(8) Corporal Cyr's actions were hailed by helicopter
pilots and officers from the inserting battalions.
(9) Corporal Cyr's actions on February 23 epitomized
the Pathfinder motto of ``First in, Last out,''.
(10) William P. Murphy, Commander of the 10th
Pathfinder Detachment, submitted a recommendation for
the award of a Bronze Star to Corporal Cyr to 10th
Combat Aviation Battalion Commander, Captain Charles E.
Markham.
(11) Captain Markham approved the recommendation and
submitted it to 17th Aviation Group Commander,
Lieutenant Colonel Jack A. Walker.
(12) Lieutenant Colonel Walker approved the
recommendation.
(13) The 10th Pathfinder Detachment began to stand
down in December 1971 and deactivated in January 1972,
before Corporal Cyr could be awarded the Bronze Star.
(14) Corporal Cyr's initial award was lost as a
result of the deactivation.
(b) Purpose.--That the House of Representatives--
(1) honors the heroism of Corporal Gary Andrew Cyr to
successfully insert troops and ammunition on time and
on target; and
(2) believes the United States Army, in light of new
information, should consider revisiting decorating and
honoring the courage and leadership of Corporal Gary
Andrew Cyr.
----------
113. An Amendment To Be Offered by Representative Budd of North
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, add the following new
section:
SEC. 5__. ACTIVITIES TO ASSIST THE TRANSITION OF MEMBERS OF THE ARMED
FORCES AND VETERANS INTO CAREERS IN EDUCATION.
(a) Veterans-to-Classrooms Program.--
(1) Modification and redesignation of program.--
Section 1154 of title 10, United States Code, is
amended--
(A) in the section heading, by striking:
``employment as teachers: Troops-to-Teachers
Program'' and inserting ``employment in
schools: Veterans-to-Classrooms Program'';
(B) in subsection (a)--
(i) by redesignating paragraphs (2)
through (8) as paragraphs (4) through
(10), respectively;
(ii) by inserting after paragraph (1)
the following new paragraphs:
``(2) Secretary.--The term `Secretary' means the
Secretary of Defense.
``(3) Covered position.--
``(A) The term `covered position' means a
full-time position in an eligible school as--
``(i) a teacher, including an
elementary school teacher, a secondary
school teacher, and a career and
technical education teacher;
``(ii) a school leader;
``(iii) a school administrator;
``(iv) a nurse;
``(v) a principal;
``(vi) a counselor;
``(vii) a teaching aide;
``(viii) specialized instructional
support personnel;
``(ix) a school resource officer; or
``(x) a contractor who performs the
functions of a position described in
any of clauses (i) through (viii).'';
(iii) by amending paragraph (4), as
so redesignated, to read as follows:
``(4) Eligible school.--The term `eligible school'
means--
``(A) a public elementary school, including a
public elementary charter school;
``(B) a public secondary school, including a
public secondary charter school; or
``(C) a Bureau-funded school as defined in
section 1141(3) of the Education Amendments of
1978 (25 U.S.C. 2021(3)).'';
(iv) in paragraph (8), as so
redesignated, by striking ``Troops-to-
Teachers'' and inserting ``Veterans-to-
Classrooms'';
(v) by striking paragraph (9), as so
redesignated, and inserting the
following new paragraph (9):
``(9) School resource officer.--The term `school
resource officer' has the meaning given that term in
section 1709(4) of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10389(4)).''; and
(vi) in paragraph (10), as so
redesignated, by striking ``and
`State''' and inserting ```specialized
instructional support personnel', and
`State''';
(C) in subsection (b)--
(i) in the matter preceding paragraph
(1), by striking ``Secretary of Defense
may carry out a Troops-to-Teachers
Program'' and inserting ``The Secretary
of Defense, in consultation with the
Secretary of Education, may carry out a
Veterans-to-Classrooms Program'';
(ii) in paragraph (1), by striking
``become a teacher'' and inserting
``obtain a covered position''; and
(iii) by amending subparagraph (A) of
paragraph (2) to read as follows:
``(A) by local educational agencies or
charter schools in States with a shortage of
individuals to fill covered positions, as
determined by the Secretary of Education.'';
(D) in subsection (d)(4)(A)--
(i) in clause (i), by striking ``or
career or technical subjects'' and
inserting ``career and technical
education, or subjects relating to a
covered position''; and
(ii) in clause (ii), by inserting
``in a covered position or'' after
``seek employment'';
(E) in subsection (e)--
(i) in paragraph (1)(A)--
(I) in clause (i), by
striking ``become a teacher''
and inserting ``obtain a
covered position''; and
(II) in clause (ii), by
striking ``as an elementary
school teacher'' and all that
follows through the period at
the end and inserting ``in a
covered position for not less
than three school years in an
eligible school to begin the
school year after the member
obtains the professional
credentials required for the
position involved''; and
(ii) in paragraph (2)(E), by striking
``as a teacher in an eligible
elementary school or secondary school
or as a career or technical teacher''
and inserting ``in a covered
position''; and
(iii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) in the first
sentence, by striking
``educational level,
certification, or
licensing'' and
inserting ``educational
level, certification,
licensing, or other
professional
credentials''; and
(bb) in the second
sentence, by striking
``$5,000'' and
inserting ``$9,000
(except as adjusted by
the Secretary in
accordance with
subparagraph (D))'';
(II) in subparagraph (B)--
(aa) in clause (i),
by striking ``as an
elementary school
teacher, secondary
school teacher, or
career or technical
teacher'' and inserting
``in a covered
position''; and
(bb) in clause (ii),
by striking ``may not
exceed $5,000, unless
the eligible school is
a high-need school, in
which case the amount
of the bonus may not
exceed $10,000'' and
inserting ``may not
exceed $9,000 (except
as adjusted by the
Secretary in accordance
with subparagraph (D)),
unless the eligible
school is a high-need
school, in which case
the amount of the bonus
may not exceed $18,000
(except as so
adjusted)'';
(III) in subparagraph (C)--
(aa) in clause (i),
by striking ``5,000''
and inserting
``20,000'';
(bb) in clause (ii),
by striking ``3,000''
and inserting
``5,000''; and
(cc) in clause (iv),
by striking ``$10,000''
and inserting ``$18,000
(except as adjusted by
the Secretary in
accordance with
subparagraph (D))'';
and
(IV) by adding at the end the
following:
``(D)(i) The Secretary may adjust the dollar amounts
set forth in subparagraphs (A), (B)(ii), and (C)(iv) to
reflect changes in the Consumer Price Index over the
applicable period.
``(ii) In this subparagraph, the term `applicable
period' means--
``(I) with respect to an initial adjustment
under clause (i), the period that has elapsed
since the date of the enactment of the TEAMS
Act; or
``(II) with respect to any adjustment after
the initial adjustment, the period that has
elapsed since the date of the most recent
adjustment under clause (i).'';
(F) in subsection (f)(1)--
(i) in subparagraph (A)--
(I) by striking ``become a
teacher'' and inserting
``obtain a covered position'';
and
(II) by striking ``as an
elementary school teacher,
secondary school teacher, or
career or technical teacher''
and insert ``in a covered
position''; and
(ii) in subparagraph (B), by striking
``, employment as an elementary school
teacher, secondary school teacher, or
career or technical teacher'' and
inserting ``employment in a covered
position'';
(G) in subsection (h)(2)(A), by striking ``as
elementary school teachers, secondary school
teachers, and career or technical teachers''
and inserting ``in covered positions'';
(H) by adding at the end the following new
subsections:
``(j) Partnerships.--
``(1) In general.--The Secretary may enter into one
or more partnerships with States, local educational
agencies, or covered entities--
``(A) to help sustain and expand the reach of
the Veterans-to-Classrooms Program to promote
careers in education among current and future
veterans under this section;
``(B) to provide information on the Program
in accordance with subsection (k)(2) in widely
available, user-friendly formats;
``(C) to help recruit more veterans,
including veterans who are retired law
enforcement officers, and service members who
are within 6 months of transitioning out of the
military into new careers in education;
``(D) to promote careers in education among
current and future veterans by providing
veterans with information on other employment
transition programs, including--
``(i) the Veterans' Employment &
Training Service and the National
Veterans' Training Institute of the
Department of Labor;
``(ii) the transition assistance
programs established under section 1144
of this title;
``(iii) the SkillBridge and Career
Skills Programs of the Department of
Defense;
``(iv) the AmeriCorps program carried
out under subtitle C of title I of the
National and Community Service Act of
1990 (42 U.S.C. 12571 et seq.); and
``(v) other transitional or
educational programs; and
``(E) to promote careers in education by
helping veterans learn about educational
benefits available to them, including Post-9/11
Educational Assistance, certification programs,
and applicable on-the-job training and
apprenticeship programs, to help veterans get
into an educational career field.
``(2) Covered entity defined.--In this subsection,
the term `covered entity' means--
``(A) an entity qualifying as an exempt
organization under section 501(c)(3) of the
Internal Revenue Code of 1986; or
``(B) an veterans service organization
recognized by the Secretary of Veterans Affairs
for the representation of veterans under
section 5902 of title 38.
``(k) Program Information.--
``(1) Information from secretary.--The Secretary
shall make available, on a publicly accessible website
of the Department of Defense, the information described
in paragraph (3).
``(2) Information from covered entities.--Each State,
local educational agency, and covered entity that
enters into a partnership with the Secretary under
paragraph (1) shall make available, on a publicly
accessible website, the information described in
paragraph (3).
``(3) Information described.--The information
described in this subparagraph is information on the
Veterans-to-Classrooms program authorized under this
section, including a description of the application
process for the program and the potential benefits of
participating in the program.
``(l) Biennial Review.--Not less frequently than once every
two years, the Secretary shall submit to Congress a report on
the Veterans-to-Classrooms Program. At minimum, the report
shall include a comparison of the number of participants in the
Program during the period covered by the report relative to the
number of stipends authorized under the Program during such
period.
``(m) Process to Streamline Applications.--Not later than one
year after the date of the enactment of the TEAMS Act, the
Secretary shall implement a process to simplify the submission
of applications under subsection (d)(2).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 58 of such title is amended by
striking the item relating to section 1154 and
inserting the following new item:
``1154. Assistance to eligible members and former members to obtain
employment in schools: Veterans-to-Classrooms Program.''.
(3) Effective date.--The amendments made by
paragraphs (1) and (2) shall take effect on the date of
the enactment of this Act.
(4) References.--Beginning on the effective date
specified in paragraph (3), any reference in Federal
law (other than this Act), regulations, guidance,
instructions, or other documents of the Federal
Government to the Troops-to-Teachers Program shall be
deemed to be a reference to the Veterans-to-Classrooms
Program.
(b) Veterans Employable as School Resource Officers.--Section
1709(4) of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10389(4)) is amended by inserting after ``a
career law enforcement officer, with sworn authority,'' the
following: ``or a veteran (as such term is defined in section
101(2) of title 38, United States Code) who is hired by a State
or local public agency as a law enforcement officer for
purposes of serving as a school resource officer, who is''.
(c) Task Force on Education Careers for Veterans.--
(1) Task force.--Not later than 120 days after the
date of the enactment of this Act, the President shall
convene a task force to identify strategies that may be
used to assist veterans in obtaining employment in the
field of education.
(2) Responsibilities.--The task force convened under
paragraph (1) shall--
(A) consult regularly with veterans service
organizations in performing the duties of the
task force; and
(B) coordinate administrative and regulatory
activities and develop proposals to--
(i) identify State licensing and
certification requirements that are
excessive and unnecessarily burdensome
for veterans seeking to transition into
careers in education;
(ii) identify potential compensation
structures for educational employment
that include salary credit for prior
military and law enforcement
experience;
(iii) recommend incentives to
encourage educational employers to hire
veterans;
(iv) assess the feasibility of
establishing dedicated military veteran
liaison positions in school districts;
(v) examine how funds made available
for the Veterans-to-Classrooms Program
under section 1154 of title 10, United
States Code, may be used to conduct
outreach, provide certification
support, and help States establish
outreach centers for veterans; and
(vi) explore how partnerships entered
by the Secretary under subsection (j)
of such section may be used to promote
careers in education among veterans
through collaboration with relevant
employment transition programs,
including the Transition Assistance
Program, the SkillBridge and Career
Skills Programs of the Department of
Defense, and the AmeriCorps program.
(3) Membership.--The task force shall consist of--
(A) the Secretary of Defense, or the designee
of the Secretary, who shall be the head of the
task force;
(B) the Secretary of Education, or the
designee of the Secretary;
(C) the Attorney General, or the designee of
the Attorney General;
(D) the Secretary of Veterans Affairs, or the
designee of the Secretary;
(E) the Secretary of Labor, or the designee
of the Secretary;
(F) the Director of the Office of Management
and Budget, or the designee of the Director;
(G) four representatives from a veterans
service organization, selected by the
President;
(H) a representative of the Administrative
Conference of the United States; and
(I) representatives of State and local
governments selected by the President, which
may include representatives of State boards of
education and relevant State licensing
agencies.
(4) Report.--
(A) In general.--Not later than one year
after the date on which the task force is
convened under paragraph (1), the task force
shall submit to Congress a report that
includes--
(i) a description of actions that may
be carried out by State and local
governments to reduce barriers that
interfere with the ability of veterans
to transition into careers in
education; and
(ii) recommendations for specific
legislative and regulatory actions that
may be carried out to reduce such
barriers.
(B) Public availability.--The report under
subparagraph (A) shall be made available on a
publicly accessible website of the Department
of Defense.
(5) Definition.--In this subsection, the term
``veterans service organization'' means any
organization recognized by the Secretary of Veterans
Affairs for the representation of veterans under
section 5902 of title 38, United States Code.
(d) Funding.--
(1) Authorization.--Notwithstanding the amounts set
forth in the funding tables in division D, there are
authorized to be appropriated $240,000,000 to carry out
the Veterans-to-Classrooms Program under section 1154
of title 10, United States Code (as amended by
subsection (a)).
(2) Offsets.--
(A) Notwithstanding the amounts set forth in
the funding tables in division D, the amount
authorized to be appropriated in section 3102
for defense environmental cleanup, as specified
in the corresponding funding table in section
4701, is hereby reduced by $217,500,0000.
(B) Notwithstanding the amounts set forth in
the funding tables in division D, the amount
authorized to be appropriated for research,
development, test, and evaluation, Navy, as
specified in the corresponding funding table in
section 4201, for applied research, force
protection applied research (PE 0602123N), line
005--
(i) for CFP-Resilient Autonomous
System Research and Workforce Diversity
is hereby reduced by $4,000,000;
(ii) for Direct air capture and
carbon removal technology program is
hereby reduced by $10,000,000; and
(iii) for Resilient Autonomous
Systems Research &Workforce Diversity
is hereby reduced by $8,500,000.
----------
114. An Amendment To Be Offered by Representative Burgess of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XII, add the following:
SEC. 12_. REPORT ON DEPARTMENT OF DEFENSE PLAN FOR RESPONDING TO
RUSSIA'S INVASION OF UKRAINE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 6 months thereafter, the
Secretary of Defense, in consultation with the heads of other
relevant Federal agencies, shall submit to the congressional
defense committees a report outlining in detail the Department
of Defense plan for responding to Russia's invasion of Ukraine,
initiated on February 24, 2022.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) military assistance provided to Ukraine by the
Department of Defense and the programs, operations, and
contracts to be carried out under the plan described in
subsection (a); and
(2) both the short-term (the next 6 months) and long-
term (the next 12 months) strategic outlook or plan
with respect to such programs, operations, and
contracts.
----------
115. An Amendment To Be Offered by Representative Bush of Missouri or
Her Designee, Debatable for 10 Minutes
Page 988, after line 21, insert the following:
(B) An analysis of the amount of funding
provided to defense contractors to procure
replacement stocks of covered systems for the
United States.
----------
116. An Amendment To Be Offered by Representative Bush of Missouri or
Her Designee, Debatable for 10 Minutes
Page 138, after line 22, insert the following:
(9) Tidal and wave power technologies.
----------
117. An Amendment To Be Offered by Representative Bush of Missouri or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. STUDY ON ENVIRONMENTAL CONTAMINATION AND CLEANUP ASSOCIATED
WITH THORIUM-230 AND RELATED SUBSTANCES.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Energy and the Administrator
of the Environmental Protection Agency, shall submit to the
congressional defense committees a report containing the
results of a study on the environmental contamination and
associated remediation efforts at sites in the United States
where weapons containing Thorium-230 were developed,
transported, stored, or otherwise used.
(b) Elements.-- The report required under subsection (a)
shall include the following:
(1) A list of sites with known or suspected Thorium-
230 contamination due to weapons development,
transportation or storage, or waste disposal.
(2) A discussion of the current characterization of
each such site as a formerly used defense site, a site
subject to a Base Realignment and Closure action, an
active site, or other type of site.
(3) A specific discussion of the area surrounding
Coldwater Creek in Saint Louis, Missouri.
(4) The status of each site identified under
paragraph (1) including--
(A) any environmental remediation that has
been completed or is underway at the site,
including contamination levels, if known;
(B) any significant illness cluster
associated with the geographic proximity of the
site
(5) A detailed plan for any necessary environmental
remediation as well as site prioritization associated
with the sites identified under paragraph (1).
----------
118. An Amendment To Be Offered by Representative Bustos of Illinois or
Her Designee, Debatable for 10 Minutes
Add at the end of title LI the following:
SEC. 51__. SENSE OF CONGRESS REGARDING WOMEN WHO SERVED AS CADET NURSES
DURING WORLD WAR II.
(a) Findings.--Congress makes the following findings:
(1) In June of 1943, Congress enacted the Bolton Act,
establishing the United States Cadet Nurse Corps as a
uniformed service of the Public Health Administration.
Through the Corps, women received free, expedited
nursing education in exchange for ``service in
essential nursing for the duration of the war''.
(2) During World War II, the Nation faced a severe
shortage of qualified nurses, threatening the ability
of the United States to meet domestic and military
medical needs.
(3) In total, 124,065 women graduated from training
under the Cadet Nurse program, going on to serve in
military hospitals, Veterans Administration hospitals,
Marine hospitals, private hospitals, public health
agencies, and public hospitals until the program ended
in 1948.
(4) In 1944, the Federal Security Agency identified
``national recognition for rendering a vital war
service'' as a privilege of service in the Corps.
(5) By 1945, Cadet Nurses accounted for 80 percent of
the domestic nursing workforce.
(6) The Cadet Nurse Corps has been credited with
preventing the collapse of the domestic nursing
workforce.
(b) Sense of Congress.--It is the sense of Congress that
women who served in the Cadet Nurse Corps honorably stepped up
for their country during its time of need in World War II,
significantly contributing to the war effort and the safety and
security of the Nation.
(c) Expression of Gratitude.--Congress hereby expresses deep
gratitude for the women who answered the call to duty and
served in the Cadet Nurse Corps.
----------
119. An Amendment To Be Offered by Representative Carbajal of
California or His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. __. REQUIREMENT FOR CUT FLOWERS AND CUT GREENS DISPLAYED IN
CERTAIN FEDERAL BUILDINGS TO BE PRODUCED IN THE
UNITED STATES.
(a) In General.--A cut flower or a cut green may not be
officially displayed in any public area of a building of the
Executive Office of the President, of the Department of State,
or of the Department of Defense that is in a State of the
United States or in the District of Columbia, unless the cut
flower or cut green is produced in the United States.
(b) Waiver.--The prohibition under subsection (a) may be
waived by the head of the agency concerned with respect to a
cut flower or cut green that is a gift from a foreign country.
(c) Rule of Construction.--The limitation in subsection (a)
may not be construed to apply to any cut flower or cut green
used by a Federal officer or employee for personal display.
(d) Definitions.--In this section:
(1) The term ``cut flower'' means a flower removed
from a living plant for decorative use.
(2) The term ``cut green'' means a green, foliage, or
branch removed from a living plant for decorative use.
(3) The term ``produced in the United States'' means
grown in--
(A) any of the several States;
(B) the District of Columbia;
(C) a territory or possession of the United
States; or
(D) an area subject to the jurisdiction of a
federally recognized Indian Tribe.
(e) Effective Date.--This section shall take effect on the
date that is 1 year after the date of the enactment of this
Act.
----------
120. An Amendment To Be Offered by Representative Carbajal of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title VII, insert the following
new section:
SEC. 7___. DEMONSTRATION PROJECT ON INFANT AND EARLY CHILDHOOD MENTAL
HEALTH SERVICES FOR CHILDREN OF MEMBERS OF THE
ARMED FORCES.
(a) Assessment of Availability of Services.--The Secretary of
Defense shall conduct an assessment of the availability at
military installations (and in the surrounding communities) of
covered services at the Federal, State, and local level for
covered children, for the purpose of ensuring access to such
services for covered children with infant and early childhood
mental health needs. Such assessment shall address, at a
minimum, the following:
(1) The availability of covered services that advance
social and emotional development for covered children,
including any relevant certification or endorsement
programs for professionals serving as infant and early
childhood mental health consultants for military child
development centers.
(2) The availability of adequate diagnostic and non-
medical intervention covered services for covered
children.
(3) The availability of supplemental covered services
for covered children, such as consultation services
provided by licensed professionals who are
appropriately certified or endorsed in infant and early
childhood mental health, as determined by the
Secretary.
(4) The ease of access to adequate covered
educational or treatment services for covered children,
as appropriate, such as the average duration of time
spent on waiting lists prior to receiving such
services.
(b) Review of Best Practices.--In developing the assessment
under subsection (a), the Secretary of Defense shall conduct a
review of best practices across the United States for the
provision of covered services to covered children. Such review
shall include an assessment of any covered services of the
Federal or State government available in each State, with an
emphasis on the availability in locations where members of the
Armed Forces with children reside.
(c) Demonstration Projects.--
(1) Projects authorized.--The Secretary of Defense
may conduct one or more demonstration projects under
this subsection to test and evaluate various approaches
to the provision of covered services to covered
children, for the purposes of determining the efficacy
of such approaches, reducing incidents of behavioral
issues among those with infant and early childhood
mental health needs, ensuring the early identification
of such needs that may require non-medical
intervention, and such other related purposes as may be
determined appropriate by the Secretary.
(2) Participants.--The Secretary may select for
participation in the study--
(A) members of the Armed Forces with covered
children who elect to so participate; and
(B) military child development centers that
are located on or near military installations
or that otherwise provide services to covered
children.
(3) Personnel.--In carrying out a demonstration
project under this subsection, the Secretary of Defense
may assign personnel who hold a covered degree that the
Secretary determines appropriate for the provision of
covered services to act as consultants for the
provision of such services to covered children who are
participants in the demonstration project. Under such
demonstration project, such assigned personnel may--
(A) develop and monitor promotion and
prevention, and non-medical intervention, plans
for such participants;
(B) provide appropriate training in the
provision of covered services to such
participants;
(C) provide non-medical counseling services
to such participants, and any members of the
Armed Forces who are the caregivers of such
participants, as appropriate;
(D) coordinate and collaborate with other
relevant service providers on the military
installation or in the surrounding community
regarding covered services; and
(E) become endorsed, or work towards becoming
endorsed, by an organization that provides
licensing or professional certifications
recognized by the Federal or State government
for infant and early childhood mental health
professionals.
(4) Infant and early childhood mental health
consultations.--
(A) Curriculum.--As an activity under the
demonstration project, the Secretary of Defense
may authorize the development of a
comprehensive professional development
curriculum for use in training non-medical
counselors in infant and early childhood mental
health consultation services, so that such
counselors may serve as infant early childhood
mental health consultants for covered children
who are participants in the demonstration
project.
(B) Competency guidelines.--The curriculum
under subparagraph (A) shall be based on a set
of competency guidelines that are--
(i) designed to enhance culturally
sensitive, relationship-focused
practice within the framework of infant
and early childhood mental health; and
(ii) recognized by an organization
specified in paragraph (3)(E) for the
purposes of certification or
endorsement as a infant and early
childhood mental health practitioner.
(5) Contract authority.--
(A) Authority.--The Secretary of Defense may
enter into a contract, or multiple contracts,
for the conduct of any demonstration project
under this subsection.
(B) Requirement for supervisory-level
providers.--As a term of any contract that is
entered into pursuant to subparagraph (A) for
the implementation of special educational and
behavioral intervention plans for covered
children who are participants in the
demonstration project, the Secretary shall
require that any such plan be developed,
reviewed, and maintained by supervisory-level
providers approved by the Secretary.
(C) Contractor requirements.--The Secretary
shall establish, and ensure the implementation
of, the following:
(i) Minimum required criteria for the
education, training, and experience of
any contractor furnishing covered
services pursuant to a contract under
subparagraph (A).
(ii) Requirements for the supervision
and oversight of contractors who are
infant and early childhood mental
health consultants, including
requirements for relevant credentials
for such consultants and the frequency
and intensity of such supervision.
(iii) Such other requirements as the
Secretary considers appropriate to
ensure the safety and protection of
covered children who are participants
in the demonstration project.
(6) Deadline to commence; minimum period.--For each
demonstration project conducted under this subsection--
(A) the Secretary shall commence the
demonstration project not later than 180 days
after the date of the enactment of this Act;
and
(B) the demonstration project shall be
conducted for a period of not less than two
years.
(7) Evaluation.--
(A) Requirement.--The Secretary of Defense
shall conduct an evaluation of the outcomes of
each demonstration project conducted under this
subsection, to determine the efficacy of
covered services provided under the
demonstration project.
(B) Matters.-- Each evaluation under
subparagraph (A) shall include, with respect to
the relevant demonstration project, an
assessment of the extent to which activities
under the demonstration project contributed to
the following:
(i) Positive outcomes for covered
children.
(ii) Improvements to the services and
continuity of care for covered
children.
(iii) Improvements to military family
readiness and enhanced military
retention.
(d) Reports on Demonstration Projects.--Not later than two
years and 180 days after the date of the commencement of a
demonstration project under subsection (c), the Secretary of
Defense shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report on the
demonstration project. Such report shall include the following:
(1) A description of the demonstration project.
(2) The results of the evaluation under subsection
(c)(7) with respect to the demonstration project.
(3) A description of plans for the future provision
of covered services, in accordance with the model or
approach evaluated pursuant to the demonstration
project.
(e) Relationship to Other Benefits.--Nothing in this section
shall be construed as precluding a member of the Armed Forces,
or a dependent of such a member, from eligibility for benefits
under chapter 55 of title 10, United States Code, to which such
member or dependent would otherwise be eligible.
(f) Definitions.--In this section:
(1) The term ``child'' has the meaning given that
term in section 1072 of title 10, United States Code.
(2) The term ``covered child'' means the infant,
toddler, or young child (from birth to age five,
inclusive) of a member of the Armed Forces.
(3) The term ``covered degree'' means a postsecondary
degree that--
(A) is awarded by an institution of higher of
education eligible to participate in programs
under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.); and
(B) is in the field of mental health, human
development, social work, or a related field,
as determined by the Secretary of Defense.
(4) The term ``covered educational or treatment
service''--
(A) means a service, including a supportive
service, that provides quality early childhood
education by promoting healthy social and
emotional development and providing support for
children experiencing mental health challenges;
and
(B) includes the conduct of assessments,
coaching for educators and parents, and
referrals to health care professionals with
specialties in infant and early childhood
mental health for diagnosis, therapeutic
treatment, and early intervention.
(5) The term ``covered service'' means a covered
educational and treatment service or any other medical
or non-medical service, including consultation
services, relating to the improvement of infant and
early childhood mental health in the context of family,
community, and culture.
(6) The term ``infant and early childhood mental
health'' means the developing capacity of an infant,
toddler, or young child (from birth to age five,
inclusive), to--
(A) form close and secure adult and peer
relationships;
(B) experience, manage, and express a full
range of emotions; and
(C) explore the environment and learn.
----------
121. An Amendment To Be Offered by Representative Cardenas of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 13_. REPORT ON AZERBAIJAN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
Secretary of State, shall submit to Congress a report on the
following:
(1) United States parts and technology discovered in
Turkish Bayraktar unmanned aerial vehicles deployed by
Azerbaijan against Nagorno Karabakh between September
27, 2020 and November 9, 2020, including an assessment
of any potential violations of United States arms
export laws, sanctions policies, or other provisions of
United States law related to the discovery of such
parts and technology.
(2) Azerbaijan's use of white phosphorous, cluster
bombs and other prohibited munitions deployed by
Azerbaijan against Nagorno Karabakh between September
27, 2020, and November 9, 2020, including an assessment
of any potential violations of United States or
international law related to the use of these
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.
----------
122. An Amendment To Be Offered by Representative Carson of Indiana or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following new
section:
SEC. 7__. 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 Defense Health Program, R&D research is hereby increased by
$5,000,000 (with the amount of such increase to be used in
support of the CRDMP Program for Pancreatic Cancer Research).
(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 administration and service-wide
activities, Defense Human Resources Activity, line 240, is
hereby reduced by $5,000,000.
----------
123. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 28__. BRIEFING ON GUAM AND NORTHERN MARIANA ISLANDS MILITARY
CONSTRUCTION COSTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on Guam and the
Northern Mariana Islands on the future military construction
requirements based on emerging threats in the region, ongoing
relocations of members of the Armed Forces, and the total
amount of funds obligated or expended from amounts appropriated
or otherwise made available and for implementing the Record of
Decision for the relocation of Marine Corps. Such briefing
shall include--
(1) the projected funding for military construction
through fiscal year 2030;
(2) the projected sustainment costs associated with
military infrastructure through fiscal year 2030; and
(3) military infrastructure requirements through
fiscal year 2030 exceeding the current funding
restriction.
----------
124. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the appropriate place in subtitle F of title X, insert the
following new section:
SEC. 10__ REPORT ON THE STRATEGY AND ENGAGEMENT EFFORTS OF THE ARMED
FORCES IN HAWAII.
(a) In General.--The Commander of the United States Indo-
Pacific Command shall, in collaboration with installation
commanders and the relevant service commands, develop and
implement--
(1) a strategy to improve the engagement efforts of
the military with the local community in the State of
Hawaii; and
(2) enhanced coordinated community engagement efforts
(as described in section 587 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81)) in the State of Hawaii.
(b) Report Required.--Not later than one year after the date
of the enactment of this Act, the Commander shall submit to the
congressional defense committees a report that describes the
results of the strategy and engagement efforts implemented
pursuant to subsection (a).
----------
125. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle G of title XXVIII:
SEC. 28__. COMPTROLLER GENERAL ASSESSMENT OF MILITARY CONSTRUCTION,
MAINTENANCE, AND UPGRADES OF JOINT BASE
INFRASTRUCTURE AND FACILITIES.
(a) In General.--The Comptroller General of the United States
shall conduct an assessment of possible inequitable
prioritization of military construction, maintenance, and
upgrades of joint base infrastructure and facilities, with a
focus on facilities as they relate to subordinate components
relative to the supporting component on joint bases.
(b) Elements.--The assessment required by subsection (a)
shall include the following elements:
(1) Historical analysis of investments made in
infrastructure used by supported components, including
allocation of new infrastructure spending between
supported and supporting components.
(2) The policies and procedures at the departmental
and installation level designed to ensure the proper
sustainment, restoration, modernization,
recapitalization, new construction, and demolition of
infrastructure used by supported components.
(3) Efforts to address the priorities of the
supported components through military construction and
facility upgrades.
(4) Potential benefits of using the supported
components' service-specific construction agents for
major infrastructure investments.
----------
126. 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 X of division A, add the
following:
SEC. 10__. DEPARTMENT OF DEFENSE ENGAGEMENT WITH NATIVE HAWAIIAN
ORGANIZATIONS.
(a) In General.--Not later than March 30, 2023, the Assistant
Secretary of Defense for Energy, Installations, and Environment
shall submit to the Committee on Armed Services of the House of
Representatives a report on Department of Defense plans to
identify, standardize, and coordinate best practices with
respect to consultation and engagement with the Native Hawaiian
community.
(b) Contents of Report.--The report required under subsection
(a) shall include, at a minimum, the following:
(1) Plans for conducting education and training
programs relating to consultation and engagement with
the Native Hawaiian community, including--
(A) outreach activities for fiscal years 2023
and 2024; and
(B) the degree to which Native Hawaiian
community members have been involved in
development of curricula, tentative dates,
locations, required attendees, and topics for
the education and training programs.
(2) A list of all Native Hawaiian community groups
involved or to be involved in the consultation process
to update Department of Defense Instruction 4710.03 (or
any successor document).
(3) A description of how Department of Defense
Instruction 4710.03 can be improved to reflect best
practices and provide continuity across the military
departments in practices, policies, training, and
personnel who conduct consultation with the Native
Hawaiian community.
(4) A timeline for issuing the next update or
successor document to Department of Defense Instruction
4710.03.
(5) A description of how the Department of Defense
can enhance and expand education and training programs
relating to consultation and engagement with the Native
Hawaiian community and outreach activities for all
commands and installations within the State of Hawaii.
----------
127. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle G of title XXVIII, add the following:
SEC. 28__. REPORT ON UNDERGROUND TUNNELS AND FACILITIES IN HAWAII.
(a) Requirements Survey.--Not later than 120 days after the
date of the enactment of this Act, the Assistant Secretary of
Defense for Sustainment shall submit to the congressional
defense committees a report containing the results of a survey
of underground tunnels and facilities on Department of Defense
property located in Hawaii, and such report shall include--
(1) a description of the location, size, and
condition of underground tunnels and facilities
currently in use;
(2) a description of the location, size, and
condition of unused underground tunnels and facilities;
(3) a description of any current proposed future uses
for each of the unused underground tunnels and
facilities, if any;
(4) a summary of existing unmet requirements for
hardened underground facilities for each service; and
(5) efforts to coordinate across the services the
assessments and potential future use of hardened
underground facilities.
(b) Form.--The survey required under subsection (a) shall be
submitted in unclassified form, but shall include a classified
annex to include all information responsive to the study
directive that is classified.
----------
128. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. ___. RENEGOTIATION OF COMPACTS OF FREE ASSOCIATION.
(a) Sense of Congress.--It is the sense of Congress as
follows:
(1) The United States shares deep ties, history and
interests with the Freely Associated States of the
Republic of the Marshall Islands, Federated States of
Micronesia, and Palau and continues a special, unique
and mutually beneficial relationship with them under
the decades-old Compacts of Free Association.
(2) Under the Compacts, the United States has
undertaken the responsibility and obligation to provide
and ensure the security and defense of the Freely
Associated States.
(3) The Compacts are critical to the national
security of the United States and its allies and
partners and are the bedrock of the United States role
in the Pacific.
(4) Renewal of key provisions of the Compacts, now
being negotiated with each nation, is critical for
regional security.
(5) Maintaining and strengthening the Compacts
supports both United States national security and the
United States responsibility for the security and
defense of the Freely Associated States.
(6) As the Department charged with fulfilling the
security mandates of the Compacts, the Department of
Defense is an integral partner with the Departments of
State and Interior in the Compact renewal negotiations,
has a vested interest in the outcome, and should play
an active role in the negotiations for their renewal.
(7) The Department of Defense should continue its
engagement in the negotiations of the Compacts of Free
Association, in coordination with the Departments of
State and Interior and the Special Presidential Envoy
for Compact Negotiations.
(8) It would be beneficial for the Secretary of
Defense to detail a senior officer -- or such other
personal and assistance as the Envoy may request -- to
the Special Presidential Envoy for Compact Negotiations
to support the negotiations for the renewal of Compact
provisions.
(b) Briefing on Negotiations.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall brief the following committees on the role of the
Department in the renegotiations of the Compacts and
opportunities to expand its support for the negotiations:
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the
Committee on Natural Resources of the House of
Representatives; and
(3) the Committee on Foreign Relations and the
Committee on Energy and Natural Resources of the
Senate.
----------
129. 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 X, insert the following:
SEC. 10__. FFRDC STUDY ON SHIPYARD INFRASTRUCTURE OPTIMIZATION PROGRAM
EFFORTS TO OPTIMIZE, RECAPITALIZE AND RECONFIGURE
FACILITIES AND INDUSTRIAL PLANT EQUIPMENT.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Navy shall seek to
enter into an agreement with an appropriate federally funded
research and development center for the conduct of a detailed
analysis of the efforts of the Shipyard Infrastructure
Optimization Program to optimize, recapitalize, and reconfigure
facilities and industrial plant equipment at the Navy's public
shipyard. Such analysis shall not cover any dry dock project.
(b) Matters for Consideration.--An analysis conducted
pursuant to an agreement under subsection (a) shall include a
consideration of each of the following items with respect to
the Shipyard Infrastructure Optimization Program:
(1) The adequacy of the cost estimate guidance and
methodology used by the Navy.
(2) The estimated long-term cost and maintenance
availability time savings offered from the specific,
major proposed facility and equipment improvements.
(3) The methodology of the Navy for prioritizing the
proposed facility and equipment improvements beyond
their expected service lives.
(4) A comparison of current Navy policies and
procedures for large facility improvements in excess of
$500,000,000 to best practices used by other Federal
agencies and the private sector.
(5) Options for improving the management and
oversight of the program, including staffing and
contracting options for ensuring the adequate oversight
of contracted activities, support provided to the
public shipyards and local shipyard construction
agents, and best practices for the management of large
multi-contractor projects.
(6) Estimates for current public shipyard facility
restoration and modernization backlogs and the plans of
the Secretary of the Navy to mitigate the current
backlog either within the Shipyard Infrastructure
Optimization Program or through another program.
(7) Recommendations for improving the Shipyard
Infrastructure Optimization Program based on the
results of the analysis.
(c) Briefing.--Not later than 60 days after the completion of
an analysis pursuant to an agreement under subsection (a), the
Secretary of Navy shall submit to the congressional defense
committees a report on the results of the analysis.
(d) Public Availability.--An agreement entered into pursuant
to subsection (a) shall specify that the federally funded
research and development center shall make an unclassified
version of the report provided by the Secretary publicly
available on an appropriate website of the center.
----------
130. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title XXVIII the following
new section:
SEC. 8__. SUPERVISION OF LARGE MILITARY CONSTRUCTION PROJECTS.
(a) Supervision of Large Military Construction Projects.--
Section 2851 of title 10, United States Code, is amended--
(1) by redesignating subsection (h) (as added by
section 2809 of this Act) as subsection (i);
(2) by redesignating subsection (g) (as designated by
section 2809 of this Act) as subsection (h);
(3) by inserting after subsection (f) section 2809 of
this Act (as added by the following new subsection:
``(g) Report on Supervision of Large Military Construction
Projects.--Before the award of a contract of a value greater
than $500,000,000 in connection with a military construction
project, the individual directing and supervising such military
construction project under subsection (a) or the individual
designated pursuant to subsection (b) (as applicable) shall
submit to the appropriate committees of Congress a report on
the intended supervision, inspection, and overhead plan to
manage such military construction project. Each report shall
include the following:
``(1) A determination of the overall funding intended
to manage the supervision, inspection, and overhead of
the military construction project.
``(2) An assessment of whether a Department of
Defense Field Activity that shall directly report to
such individual should be established.
``(3) A description of the quality assurance approach
to the military construction project.
``(4) The independent cost estimate described in
section 3221(b)(6)(A) of this title.
``(5) The overall staffing approach to oversee the
military construction project for each year of the
contract term.''.
(b) Coforming Amendment to Duties of the Director of Cost
Assessment and Program Evaluation.--Section 3221(b)(6)(A) of
title 10, United States Code, is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) by adding at the end the following new clause:
``(v) any decision to enter into a
contract in connection with a military
construction project of a value greater
than $500,000,000; and''.
----------
131. An Amendment To Be Offered by Representative Case of Hawaii or His
Designee, Debatable for 10 Minutes
At the end of subtitle G of title XXVIII, insert the
following:
SEC. 28__. COMPTROLLER GENERAL REPORT ON COMMUNITY ENGAGEMENT
ACTIVITIES AT MILITARY INSTALLATIONS IN FOREIGN
COUNTRIES.
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 congressional defense committees a report
containing the results of a study conducted by the Comptroller
General on community engagement activities at military
installations located in foreign countries. The report shall
address the following:
(1) The programs and processes that exist at military
installations located in foreign countries to manage
relationships with the local community.
(2) Whether existing programs and authorities are
effective at fostering positive community relations at
military installations located in foreign countries.
(3) An identification of any authorities or changes
to existing programs that could help the Department of
Defense improve relationships with local communities at
military installations located in foreign countries.
----------
132. An Amendment To Be Offered by Representative Castro of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title VII, insert the following
new section:
SEC. 7__. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM CAUSED TO
CIVILIANS FOR CARE PROVIDED AT MILITARY MEDICAL
TREATMENT FACILITIES.
(a) Clarification of Fee Waiver Process.--Section 1079b of
title 10, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Waiver of Fees.--Each commander (or director, as
applicable) of a military medical treatment facility shall
issue a waiver for a fee that would otherwise be charged under
the procedures implemented under subsection (a) to a civilian
provided medical care at the facility who is not a covered
beneficiary if the provision of such care enhances the
knowledge, skills, and abilities of health care providers, as
determined by the respective commander or director.''; and
(2) by redesignating subsection (c) as subsection
(d).
(b) Modified Payment Plan for Certain Civilians.--
(1) In general.--Such section is further amended--
(A) by inserting after subsection (b), as
amended by subsection (a), the following:
``(c) Modified Payment Plan for Certain Civilians.--(1)(A) If
a civilian specified in subsection (a) is covered by a covered
payer at the time care under this section is provided, the
civilian shall only be responsible to pay, for any services not
covered by such covered payer, copays, coinsurance,
deductibles, or nominal fees.
``(B)(i) The Secretary of Defense may bill only the covered
payer for care provided to a civilian described in subparagraph
(A).
``(ii) Payment received by the Secretary from the covered
payer of a civilian for care provided under this section that
is provided to the civilian shall be considered payment in full
for such care.
``(2) If a civilian specified in subsection (a) does not meet
the criteria under paragraph (1), is underinsured, or has a
remaining balance and is at risk of financial harm, the
Secretary of Defense shall reduce each fee that would otherwise
be charged to the civilian under this section according to a
sliding fee discount program.
``(3) If a civilian specified in subsection (a) does not meet
the criteria under paragraph (1) or (2), the Secretary of
Defense shall implement an additional catastrophic waiver to
prevent financial harm.
``(4) The modified payment plan under this subsection may not
be administered by a Federal agency other than the Department
of Defense.''; and
(B) by adding at the end the following new
subsection:
``(e) Definitions.--In this section:
``(1) The term `covered payer' means a third-party
payer or other insurance, medical service, or health
plan.
``(2) The terms `third-party payer' and `insurance,
medical service, or health plan' have the meaning given
those terms in section 1095(h) of this title.''.
(c) Applicability.--The amendments made by subsections (a)
and (b) shall apply with respect to care provided on or after
the date that is 180 days after the date of the enactment of
this Act.
----------
133. An Amendment To Be Offered by Representative Chabot of Ohio 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 ADVANCED ABOVE WATER SENSORS.
(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, Navy, as specified in the corresponding funding
table in section 4201, for system development & demonstration,
advanced above water sensors (PE 0604501N), line 129, is hereby
increased by $24,004,000.
(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,
Defense-wide, as specified in the corresponding funding table
in section 4301, for administration and service-wide
activities, Office of the Secretary of Defense, line 440, is
hereby reduced by $24,004,000.
----------
134. An Amendment To Be Offered by Representative Chabot of Ohio or His
Designee, Debatable for 10 Minutes
At the end of subtitle C of title X, insert the following:
SEC. 10__. BRIEFING ON FIELDING OF SPEIR ON ALL SURFACE COMBATANT
VESSELS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Navy shall provide to the
congressional defense committees a briefing on an assessment,
including cost, of fielding SPEIR on all surface combatant
vessels.
----------
135. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, add the following new
section:
SEC. 10__. STUDY ON EFFORTS OF THE DEPARTMENT OF DEFENSE TO REDUCE THE
USE OF SINGLE-USE PLASTICS.
(a) Study Required.--
(1) In general.--The Comptroller General of the
United States shall conduct a study on the efforts of
the Department of Defense to reduce reliance on single-
use plastics.
(2) Elements.--The study required under paragraph (1)
shall address--
(A) the extent to which the Department of
Defense--
(i) collects and tracks data on its
use of single-use plastics; and
(ii) has set targets for reducing the
use of such plastics;
(B) the status of the implementation of
Department of Defense Instruction 4715.23 and
Executive Order 14057 as that instruction and
order relate to single-use plastics;
(C) any Department-wide or military service-
specific initiatives to reduce reliance on
single use plastics;
(D) any challenges that the Department faces
in reducing its reliance on single-use plastics
and possible mechanisms to address those
challenges;
(E) any recommendations to improve the
Department's efforts to reduce single-use
plastics; and
(F) any other matter the Comptroller General
determines is significant and relevant to the
purposes of the study.
(b) Interim Briefing.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall
provide to the congressional defense committees a briefing on
any preliminary findings of the study conducted under
subsection (a).
(c) Final Results.--The Comptroller General shall provide the
final results of the study conducted under subsection (a) to
the congressional defense committees at such time and in such
format as is mutually agreed upon by the committees and the
Comptroller General.
----------
136. An Amendment To Be Offered by Representative Cooper of Tennessee
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXXI, add the following:
SEC. 31__. FUNDING FOR W80-4 LIFE EXTENSION PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 3101 for the National Nuclear Security
Administration, as specified in the corresponding funding table
in section 4701, for Stockpile Major Modernization, W80-4 Life
Extension Program is hereby increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 3101 for the National Nuclear Security
Administration, as specified in the corresponding funding table
in section 4701, for Maintenance and Repair of Facilities,
Deferred Maintenance is hereby reduced by $5,000,000.
----------
137. An Amendment To Be Offered by Representative Courtney of
Connecticut or His Designee, Debatable for 10 Minutes
Add at the end of title XI the following:
SEC. 11__. GAO STUDY ON FEDERAL WAGE SYSTEM PARITY WITH LOCAL
PREVAILING WAGE RATE.
(a) Study.--The Comptroller General of the United States
shall review the parity between the Federal Wage System and the
prevailing wage rate for wage grade workers who maintain or
repair, or help support those who maintain or repair U.S. Navy
ships or submarines and--
(1) are employed at the four U.S. Navy public
shipyards;
(2) are employed at domestic U.S. naval bases with
facilities to maintain or repair U.S. Navy ships or
submarines and are in vicinity of competitive private
defense industry; or
(3) are employed at domestic U.S. naval bases with
facilities to maintain or repair U.S. Navy ships or
submarines and are located within close commuting
distance from a high-income area, such that wage grade
jobs must compete with other means of employment for
workers of equivalent skillsets and academic
achievement.
(b) Other Requirements.--Such study shall also review--
(1) the Government-wide administration of the Federal
Wage System including the regulations, policies, and
processes for establishing or modifying geographic
boundaries of local wage areas;
(2) the process of developing and administering the
local wage surveys and setting wage schedules for all
Federal Wage System workers including those discussed
in subsection (a);
(3) the use of Federal contractors to perform work
skills and occupational duties comparable to Federal
Wage System employees at the four U.S. Navy public
shipyards and domestic U.S. naval bases with facilities
to maintain or repair U.S. Navy ships or submarines;
(4) the legal framework of the Federal Wage System
and Department of Defense and Office of Personnel
Management policies as compared to the General Schedule
system, including differences in the local wage areas
for workers, such as occupational coverage, geographic
coverage, pay ranges, pay increase limits, and pay
adjustment cycles; and
(5) provide recommendations to Congress, as
applicable, based on the findings.
(c) Briefing.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall provide a
briefing to the Committees on Armed Services of the Senate and
House of Representatives on preliminary findings of such
review.
(d) Report.--The Comptroller General shall submit to the
committees identified in subsection (c) a report containing the
final results of such review on a date agreed to at the time of
the briefing.
----------
138. 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 110, as specified in the
corresponding funding table in section 4301, is hereby
increased by $20,000,000, for the purpose of Army Community
Services.
(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 450, is hereby
reduced by $10,000,000.
(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 490, is
hereby reduced by $10,000,000.
----------
139. 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 X, insert the following:
SEC. 10__. REPORT ON LITTORAL EXPLOSIVE ORDNANCE NEUTRALIZATION PROGRAM
OF RECORD.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant of the Marine Corps
shall submit to the congressional defense committees a report
on the Littoral Explosive Ordnance Neutralization (in this
section referred to as ``LEON'') program of record.
(b) Matters for Inclusion.--The report required under
subsection (a) shall include each of the following:
(1) A detailed plan of action and milestones for the
implementation plan for the LEON program of record to
enable such program to reach fully operational capable
status.
(2) An identification of any manning, training,
equipping, or funding shortfalls or other barriers that
could prevent the LEON program of record from reaching
fully operational capable status.
(3) A review of achievable, effective, and suitable
capabilities supporting technical architectures to
collect, store, manage, and disseminate information
collected by LEON sensors.
(c) Consideration.--In preparing the report required under
subsection (a), the Commandant shall take into consideration
the necessity of the Marine Corps explosive ordnance disposal
requirements pertaining to the very shallow water mine
countermeasures mission.
----------
140. An Amendment To Be Offered by Representative Crenshaw of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, insert the following:
SEC. 5__. ENLISTMENTS: COMPILATION OF DIRECTORY AND OTHER PROSPECTIVE
RECRUIT INFORMATION.
(a) Compilation of Prospective Recruit Information.--Section
503 of title 10, United States Code, is amended--
(1) by striking the section designation and heading
and inserting the following:
``Sec. 503. Enlistments: recruiting campaigns; compilation of directory
and other prospective recruit information'';
(2) in subsection (a)(1), by striking ``Regular
Army'' and all that follows before the period at the
end and inserting ``regular and reserve components of
the armed forces'';
(3) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(4) by inserting after subsection (b) the following
new subsection:
``(c) Compilation of Other Prospective Recruit Information.--
(1) The Secretary of Defense may collect and compile other
prospective recruit information pertaining to individuals who
are--
``(A) 17 years of age or older or in the
eleventh grade (or its equivalent) or higher;
and
``(B) enrolled in a secondary school in the
United States (including its territories and
possessions) or the Commonwealth of Puerto
Rico.
``(2) The Secretary may make prospective recruit
information collected and compiled under this
subsection available to the armed forces for military
recruiting purposes. Such information may not be
disclosed for any other purpose.
``(3) Other prospective recruit information collected
and compiled under 1 this subsection shall be
confidential, and a person who has had access to such
information may not disclose the information except for
the purposes described in paragraph (2).
``(4) In this subsection, the term `prospective
recruit information' means information for use in
identifying prospective recruits, tailoring marketing
efforts to reach the primary recruit market, and
measuring the return on investment of ongoing marketing
efforts. Citizens will be made aware of the categories
of personally identifiable information (PII), as well
as non-PII information, to be collected and the
purposes for which the categories of personal
information are collected and used. Categories of
information may include, but are not limited to--
``(A) identifiers (such as Internet Protocol
address, social media handles);
``(B) information about your connected
devices and how you interact with our apps and
websites (such as browser type, unique device
identifier, cookie data, and associated
identifying and usage information);
``(C) demographic (such as date of birth,
high school or college graduation year, grade
currently enrolled in, citizenship, marital
status, household composition, or veteran or
military status);
``(D) protected classification
characteristics under state or federal law
(such as age and gender);
``(E) audio or video information (social
media content, photographs and videos shared on
recruitment digital properties, images and
likeness captured at events);
``(F) fitness activity data (for example,
exercise length, duration, activities); and
``(G) login and profile information,
including screen name, password and unique user
ID for recruitment digital properties.
``(5) The collection, use, and retention of a
citizen's personal information shall be reasonably
necessary and proportionate to military recruitment
objectives.
``(6) Where possible, citizens will have the ability
to manage and/or opt-out of data collection via a clear
and easy to access process in compliance with state
legislation.''.
(c) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendments made by this section.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 31 of such 10 title is amended by striking
the item relating to section 503 and inserting the following
new item:
``503. Enlistments: recruiting campaigns; compilation of directory and
other prospective recruit information.''.
____________________________________________________
141. An Amendment To Be Offered by Representative Crenshaw of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, insert the following:
SEC. 5__. CONTINUING MILITARY SERVICE FOR CERTAIN MEMBERS ELIGIBLE FOR
CHAPTER 61 RETIREMENT.
(a) In General.--Not later than one year after the date of
the enactment of this act, the Secretary of Defense shall
prescribe regulations that allow a covered member to continue
to elect to serve in the Armed Forces--
(1) in the current military occupational specialty of
such covered member, for which the covered member may
not be deployable; or
(2) in a military occupational specialty for which
the covered member is deployable.
(b) Rule of Construction.--A covered member who completes 20
years of service computed under section 1208 of title 10,
United States Code shall not be denied any benefit under laws
administered by the Secretary of Defense or the Secretary of
Veterans Affairs solely on the basis that the covered member
elected to continue to serve in the Armed Forces instead of
taking retirement under chapter 61 of title 10, United States
Code
(c) Covered Member Defined.--In this section, the term
``covered member'' means a member of the Armed Forces--
(1) whom the Secretary concerned determines possesses
skill or experience vital to the Armed Force concerned;
(2) who incurs a disability--
(A) while eligible for special pay under
section 310 of title 37, United States Code;
and
(B) that renders the member eligible for
retirement under chapter 61 of title 10, United
States Code; and
(3) who elects to continue to serve in the Armed
Forces instead of such retirement.
----------
142. An Amendment To Be Offered by Representative Crow of Colorado or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, add the following:
SEC. 520. ADDITIONAL MATTERS RELATING TO SUPPORT FOR FIREGUARD PROGRAM.
Section 515 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81), as amended by section
517, is further amended--
(1) by inserting ``(A) In General.--'' before
``Until'';
(2) by striking ``support'' and inserting ``carry
out'';
(3) by striking ``personnel of the California
National Guard'' and inserting ``National Guard
personnel (including from the Colorado National Guard
and the California National Guard)''; and
(4) by adding at the end the following:
``(b) Transfer.--Until the date specified in subsection (a),
no component (including any analytical responsibility) of the
FireGuard program may be transferred from the Department of
Defense to another entity. If the Secretary seeks to make such
a transfer, the Secretary shall, at least three years before
such transfer, provide to the appropriate congressional
committees a written report and briefing that detail--
``(1) plans of the Secretary for such transfer; and
``(2) how such transfer will sustain and improve
detection and monitoring of wildfires.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means
the following:
``(1) The Committee on Armed Services of the Senate.
``(2) The Committee on Armed Services of the House of
Representatives.
``(3) The Select Committee on Intelligence of the
Senate.
``(4) The Permanent Select Committee on Intelligence
of the House of Representatives.''.
----------
143. An Amendment To Be Offered by Representative Desaulnier of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, insert the following:
SEC. 5__. 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.
----------
144. An Amendment To Be Offered by Representative Deutch of Florida or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle B of title XIII, insert
the following:
SEC. __. DEFENSE AND DIPLOMATIC STRATEGY FOR LIBYA.
(a) Report Required.--Not later than 240 days after the date
of the enactment of this Act and annually thereafter through
2027, the Secretary of State, in concurrence 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 Libya.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) An explanation of the defense and diplomatic
strategy for Libya, including a description of the
ends, ways, and means inherent to the strategy, the
role of the Armed Forces in supporting the strategy,
and its integration with the U.S. Strategy to Prevent
Conflict and Promote Stability.
(2) An explanation of how the existing authorities
and available resources of the Department of Defense
and the Department of State are being utilized to
support the strategy.
(3) A detailed description of Libyan and external
security actors and an assessment of how those actors
advance or undermine stability in Libya and United
States strategic interests in Libya, including United
States interests in a political settlement to the
conflict in Libya.
(4) A detailed description of the military activities
of external actors in Libya, including assessments and
detailed analysis of situations in which those
activities--
(A) have undermined progress towards
stabilization of Libya, including the United
Nations-led negotiations
(B) involve United States-origin equipment
and violate contractual conditions of
acceptable use of such equipment; or
(C) violate or seek to violate the United
Nations arms embargo on Libya imposed pursuant
to United Nations Security Council Resolution
1970 (2011).
(5) An update on assessments relating to reopening
the United States Embassy in Libya, including any
existing or potential barriers to implementation,
financial cost estimates, security considerations, and
possible timelines.
(6) An identification and assessment of the root
causes of migration through Libya into Europe,
including--
(A) the extent to which such migratory trends
correlate to increased instances of human
trafficking and slavery, including actors
attributed to such behavior
(B) an analysis of Libyan Government and
international efforts to reduce migration and
prevent human trafficking, slavery, and abuse
of migrants' human rights in Libya; and
(C) United States policy options to reduce
flows of migrants to and through Libya and to
support the humane treatment of migrants and
their lawful departure from Libya in
cooperation with Libyan authorities, United
Nations entities, and partner governments.
(7) A plan for any potential stabilization operations
support for Libya, as a designated priority country
under the Global Fragility Act of 2019 (22 U.S.C.
9804), including--
(A) A detailed description of the stability
and threat environment in Libya and related
stabilization objectives, including the desired
end-state for the United States.
(B) Any potential limitations to existing
resources of either Department affecting the
ability to support stabilization operations in
Libya.
(C) A detailed analysis of whether barriers
exist to the use of authorities pursuant to
section 1210A of the National Defense
Authorization Act for Fiscal Year 2020 (133
Stat. 1626) to support United States
stabilization efforts in Libya, and any
congressional or departmental action that could
reduce such barriers.
(D) An identification of interagency
deployments in Libya, including the rationale
for such deployments and plans for future
interagency deployments.
(8) Any other matters the Secretary of Defense
considers appropriate.
(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.
----------
145. An Amendment To Be Offered by Representative Duncan of South
Carolina or His Designee, Debatable for 10 Minutes
Page 1113, after line 15, insert the following:
(e) Briefing.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Administrator
for Nuclear Security shall submit to the appropriate
congressional committees a briefing that assesses the
options for partnering with covered entities to seek
cost efficiencies and mitigate supply chain risks
related to the production of plutonium pits, including
the production and integration of glove boxes.
(2) Covered entities defined.--In this subsection,
the term ``covered entities'' means entities from
private industry with expertise in advanced
manufacturing and production techniques related to
plutonium pits.
----------
146. An Amendment To Be Offered by Representative Ellzey of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. 5__. ANNUAL REPORT ON MEMBERS SEPARATING FROM ACTIVE DUTY WHO FILE
CLAIMS FOR DISABILITY BENEFITS.
(a) Report Required.--Not later than one year after the date
of the enactment of this Act, and not later than each January 1
thereafter, the Secretary of Defense and the Secretary of
Veterans Affairs, shall jointly submit to the appropriate
congressional committees a report on members of the Armed
Forces who file claims for disability benefits.
(b) Elements.--The report under this section shall include,
for the period beginning on October 1, 2019, through the month
that ended most recently before the date of the report, the
number of members serving on active duty, disaggregated by
Armed Force, who filed a claim for disability benefits--
(1) more than 180 days before the discharge or
release of such member from active duty;
(2) between 180 and 90 days before the discharge or
release of such member from active duty;
(3) fewer than 90 days before the discharge or
release of such member from active duty;
(4) before separation and was issued a decision
letter before the discharge or release of such member
from active duty;
(5) before separation and was issued a decision
letter after the discharge or release of such member
from active duty;
(6) completed a mental health evaluation before the
discharge or release of such member from active duty;
and
(7) did not complete a mental health evaluation
before the discharge or release of such member from
active duty.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committees on Armed Services of the Senate
and House of Representatives.
(2) The Committees on Veterans' Affairs of the Senate
and House of Representatives.
----------
147. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
Page 118, line 8, insert ``, including fellowships and
internships,'' after ``the Department''.
----------
148. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XXVIII, insert the
following:
SEC. 28__. STUDY OF MILITARY HOUSING RESILIENCE AND ENERGY EFFICIENCY.
(a) Study.--The Secretary of Defense shall conduct a study of
military housing resilience and energy efficiency to assess
compliance with the Unified Facilities Criteria for Housing and
with the latest published editions of relevant codes,
specifications, and standards that incorporate the latest
hazard-resistant and energy-efficient designs and establish
minimum acceptable criteria for the design, construction, and
maintenance of residential structures.
(b) Elements.--The study shall include the following
elements:
(1) An identification and assessment of deficiencies,
costs, and timelines to relocate, rehabilitate, repair,
or retrofit as needed all military housing, including
barracks, family housing, and privatized family and
unaccompanied housing, to ensure health, safety, energy
security, and resilience.
(2) An inventory of all housing structures that are
located in floodprone areas and within the Wildland-
Urban Interface.
(3) An identification and inventory of all housing
structures that experienced loss or damage due to
weather or other natural hazards during the preceding
five years.
(4) An identification of any needed updates to the
Unified Facilities Criteria to ensure such Criteria
comports with the latest published editions of relevant
codes, specifications, and standards that incorporate
the latest hazard-resistant and energy-efficient
designs and establish minimum acceptable criteria for
the design, construction, and maintenance of
residential structures.
(c) Initial Report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study required
under subsection (a).
(d) Annual Reports.--One year after the date of the submittal
of the initial report under subsection (c), and annually
thereafter, the Secretary shall submit to the congressional
defense committees a report on the progress of the Department
of defense in addressing deficiencies identified in the initial
report, with the goal of addressing all deficiencies for all
military housing within five years and to ensure that all
military housing is sited, designed, and maintained to comply
with the latest codes, specifications, and standards for
health, safety, energy security, and resilience.
----------
149. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title VII, insert the following
new section:
SEC. 7__. IMPROVEMENTS TO MILITARY MEDICAL TREATMENT FACILITIES AND
OTHER FACILITIES UNDER MILITARY HEALTH SYSTEM.
(a) Study.--The Secretary of Defense shall conduct a study on
any deficiencies of, and necessary improvements to, military
medical treatment facilities and other covered facilities, to
ensure the design, construction, and maintenance of such
facilities are in compliance with each covered code,
specification, and standard. Such study shall include an
identification of any necessary updates to the Unified
Facilities Criteria relating to military construction planning
and design with respect to such facilities, to ensure such
compliance.
(b) Reports.--
(1) First report.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees a report on the findings of the study under
subsection (a). Such report shall include--
(A) for each covered facility, a description
of any deficiencies identified pursuant to such
study; and
(B) the plans of the Secretary, including
costs and timelines, to address such
deficiencies through the rehabilitation,
repair, or retrofit of the facility, as
applicable.
(2) Annual reports.--Not later than one year after
the date on which the report under paragraph (1) is
submitted, and on an annual basis thereafter until the
date on which the Secretary determines all covered
facilities are in compliance with each covered code,
specification, and standard, the Secretary shall submit
to the congressional defense committees a report on the
progress made toward addressing any deficiency of a
covered facility and maintaining covered facilities, to
ensure such compliance.
(c) Definitions.--In this section:
(1) The term ``covered code, specification, and
standard''--
(A) means the latest published edition of any
code, specification, or standard that
incorporates the latest hazard-resistant and
energy-efficient designs, establishes minimum
acceptable criteria for design, construction,
or maintenance, and is at least as stringent as
the previously published edition; and
(B) includes the following (or the latest
published edition thereof that is at least as
stringent as the previously published edition):
(i) The 2021 International Energy
Conservation Code.
(ii) The ASHRAE Standard 90.1.
(iii) The ASHRAE Standard 170.
(iv) The ASHRAE Standard 189.3.
(v) The American Society of Civil
Engineers Minimum Design Loads for
Buildings and Other Structures (ASCE
Standard ASCE 7).
(vi) The International Wildland-Urban
Interface Code.
(vii) Executive Order 13690 of
January 30, 2015 (80 Fed. Reg. 6425)
(relating to a Federal Flood Risk
Management Standard for critical
facilities).
(2) The term ``covered facility'' means any
Department of Defense-owned facility used for
activities under the military health system, including
military medical treatment facilities, military
ambulatory care and occupational health facilities, and
defense health research facilities.
----------
150. An Amendment To Be Offered by Representative Feenstra of Iowa or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. BIOFUEL AND FUEL CELL VEHICLE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Defense shall establish a
research, development, and demonstration program for a
commercially viable fuel cell system that uses biofuel as a
fuel source for a vehicle.
(b) Research Goals.--The Secretary of Defense shall establish
interim research and development goals that will result in the
demonstration of commercially viable fuel cell systems that
utilize biofuels as a fuel source, including the following:
(1) Innovative stack designs and components,
including--
(A) catalysts;
(B) membranes and electrolytes;
(C) interconnects;
(D) seals; and
(E) metal- or electrolyte-supported stack
cell designs.
(2) Variety of renewable energy sources, including
ethanol and other biomass.
(3) Technologies that enable fuel cell durability and
fuel cell durability testing.
(4) Systems designs and component integration that
optimize efficiency, cost, transient response, and
lifetime.
(c) Coordination.--In carrying out the activities under this
section, the Secretary of Defense shall coordinate with--
(1) appropriate Federal agencies, including the
Department of Agriculture and the Department of
Transportation;
(2) National Laboratories; and
(3) relevant industry stakeholders, non-government
organizations, and trade associations.
----------
151. An Amendment To Be Offered by Representative Feenstra of Iowa or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. RADAR OBSTRUCTION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
PROGRAM.
(a) Establishment.--The Secretary of Defense, in conjunction
with the Director of the National Weather Service, the
Administrator of the Federal Aviation Administration, the
Secretary of Commerce, and the Secretary of Energy shall
establish a research, development, test, and evaluation program
(in this Act referred to as the ``Program'') to ensure the
continued performance of weather radar detection and prediction
capabilities with physical obstructions in the radar line of
sight.
(b) Requirements.--In carrying out the Program, the Secretary
of Defense, in consultation with the Interagency Council for
Advancing Meteorological Services, shall--
(1) partner with industry, academia, Federal, State,
and local government entities, and any other entity
that the Secretary considers appropriate;
(2) identify and test existing or near-commercial
technologies and solutions that mitigate the potential
impact of obstructions on a weather radar;
(3) research additional solutions that could mitigate
the effects of an obstruction on weather radar,
including--
(A) signal processing algorithms;
(B) short-term forecasting algorithms to
replace contaminated data; and
(C) the use of dual polarization
characteristics in mitigating the effects of
wind turbines on weather radar; and
(4) develop commercially viable technical mitigation
solutions for obstructions to weather radar
capabilities.
(c) Priority.--In carrying out the requirements described in
subsection (b), the Secretary of Defense shall prioritize
consideration of--
(1) multifunction phased array radar;
(2) the replacement of contaminated data with
commercial radar data;
(3) the utilization of data from private-sector-
associated meteorological towers;
(4) providing wind farm boundaries and consolidated
wind farm areas to display on local forecasting
equipment;
(5) installing and providing access to rain gauges;
and
(6) any other technology-based mitigation solution
that the Director of the National Weather Service
determines could overcome beam blockage or ghost
echoes.
(d) Termination.--The authority of the Secretary of Defense
to carry out the Program shall terminate on the earlier of--
(1) September 30, 2026; or
(2) 1 year after date on which the final
recommendation required by subsection (e)(2) is
submitted by the Secretary.
(e) Report; Recommendation.--
(1) In general.--Not later than 2 years after the
date of enactment of this section, and annually
thereafter until the Program terminates pursuant to
subsection (d), the Secretary of Defense shall submit
to Congress a report on the implementation of the
Program, including an evaluation of each technology-
based mitigation solution identified for priority
consideration in subsection (c), and a recommendation
regarding additional identification and testing of new
technologies based on such consideration.
(2) Final recommendation.--Not later than 5 years
after the date of enactment of this section, the
Secretary of Defense shall provide to Congress a
recommendation on whether additional research, testing,
and development through the Program established by
subsection (a) is needed, and a determination of
whether a cessation of field research, development,
testing, and evaluation is appropriate.
(f) Definitions.--In this section:
(1) Beam blockage.--The term ``beam blockage'' means
a signal that is partially or fully blocked due to an
obstruction.
(2) Ghost echo.--The term ``ghost echo'' means radar
signal reflectivity or velocity return errors in radar
data due to the close proximity of an obstruction.
(3) Obstruction.--The term obstruction includes--
(A) a wind turbine that could limit the
effectiveness of a weather radar system; and
(B) any building that disrupts or limits the
effectiveness of a weather radar system.
----------
152. An Amendment To Be Offered by Representative Fleischmann of
Tennessee or His Designee, Debatable for 10 Minutes
Add to the end of subtitle E of title VIII of Division A the
following:
SEC. 859. REVIEW OF ADVANCES IN DOMESTIC PRODUCTION OF CARBON FIBER.
(a) Review Required.--The Secretary of Defense shall conduct
a review of the Department of Defense carbon fiber requirements
necessary for current and future weapon system production and
sustainment, including--
(1) an examination of the access to domestically
produced carbon fiber to meet the requirements of the
Department; and
(2) a review of developments in advanced carbon fiber
production processes that can--
(A) lower embedded energy consumption and
improve sustainability;
(B) enable scalable production of carbon
fiber and lower production costs; and
(C) enhance competition and resilience in the
United States industrial base.
(b) Report.--Not later than June 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees a
report of the findings of the review described in subsection
(a), including any recommendations the Secretary may have for
ensuring the Department of Defense access to sustainable,
affordable, and domestically produced carbon fiber.
----------
153. An Amendment To Be Offered by Representative Foxx of North
Carolina or Her Designee, Debatable for 10 Minutes
Page 606, after line 17, insert the following:
SEC. ___. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING OF
INTELLECTUAL PROPERTY.
Section 3791 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition
and Sustainment, shall develop guidelines and resources
on the acquisition or licensing of intellectual
property, including--
``(A) model forms for specially negotiated
licenses described under section 3774(c) of
this title (as appropriate); and
``(B) an identification of definitions, key
terms, examples, and case studies that resolve
ambiguities in the differences between--
``(i) detailed manufacturing and
process data;
``(ii) form, fit, and function data;
and
``(iii) data required for operations,
maintenance, installation, and
training.
``(2) Consultation.--In developing the guidelines and
resources described in paragraph (1), the Secretary
shall regularly consult with appropriate persons.''.
----------
154. An Amendment To Be Offered by Representative Franklin of Florida
or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle A of title XIII, insert
the following:
SEC. __. MODIFICATION OF PROHIBITION ON PARTICIPATION OF THE PEOPLE'S
REPUBLIC OF CHINA IN RIM OF THE PACIFIC (RIMPAC)
NAVAL EXERCISES TO INCLUDE CESSATION OF GENOCIDE BY
CHINA.
Section 1259(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 321 note) is
amended--
(1) in subparagraph (B), by striking ``and'' at the
end;
(2) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) ceased committing ongoing genocide in
China, as determined by the Secretary of State
on January 19, 2021, recognized and apologized
for committing such genocide, and engaged in a
credible justice and accountability process for
all victims of such genocide.''.
----------
155. An Amendment To Be Offered by Representative Franklin of Florida
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 RESEARCH AND DEVELOPMENT RELATING TO RARE EARTH
ELEMENTS.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for the National Defense Stockpile Transaction
Fund, as specified the funding table in section 4501, is hereby
increased by $2,000,000 (with the amount of such increase to be
used strengthen and implement the domestic industrial base for
rare earth metallization related to permanent magnet production
and related projects).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding funding
table in section 4201, for system development & demonstration,
integrated personnel and pay system-Army (IPPS-A) (PE
0605018A), line 123, is hereby reduced by $2,000,000.
----------
156. An Amendment To Be Offered by Representative Gallagher of
Wisconsin or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title XVI, add the following new
section:
SEC. 16__. UNIDENTIFIED AERIAL PHENOMENA REPORTING PROCEDURES.
(a) Authorization for Reporting.--Notwithstanding the terms
of any written or oral nondisclosure agreement, order, or other
instrumentality or means, that could be interpreted as a legal
constraint on reporting by a witness of an unidentified aerial
phenomena, reporting in accordance with the system established
under subsection (b) is hereby authorized and shall be deemed
to comply with any regulation or order issued under the
authority of Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security information) or
chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 2271 et
seq.).
(b) System for Reporting.--
(1) Establishment.--The head of the Office, on behalf
of the Secretary of Defense and the Director of
National Intelligence, shall establish a secure system
for receiving reports of--
(A) any event relating to unidentified aerial
phenomena; and
(B) any Government or Government contractor
activity or program related to unidentified
aerial phenomena.
(2) Protection of systems, programs, and activity.--
The system established pursuant to paragraph (1) shall
serve as a mechanism to prevent unauthorized public
reporting or compromise of properly classified military
and intelligence systems, programs, and related
activity, including all categories and levels of
special access and compartmented access programs,
current, historical, and future.
(3) Administration.--The system established pursuant
to paragraph (1) shall be administered by designated
and widely known, easily accessible, and appropriately
cleared Department of Defense and intelligence
community employees or contractors assigned to the
Unidentified Aerial Phenomena Task Force or the Office.
(4) Sharing of information.--The system established
under paragraph (1) shall provide for the immediate
sharing with Office personnel and supporting analysts
and scientists of information previously prohibited
from reporting under any nondisclosure written or oral
agreement, order, or other instrumentality or means,
except in cases where the cleared Government personnel
administering such system conclude that the
preponderance of information available regarding the
reporting indicates that the observed object and
associated events and activities likely relate to a
special access program or compartmented access program
that, as of the date of the reporting, has been
explicitly and clearly reported to the congressional
defense committees and congressional intelligence
committees, and is documented as meeting those
criteria.
(5) Initial report and publication.--Not later than
180 days after the date of the enactment of this Act,
the head of the Office, on behalf of the Secretary and
the Director, shall--
(A) submit to the congressional intelligence
committees, the congressional defense
committees, and congressional leadership a
report detailing the system established under
paragraph (1); and
(B) make available to the public on a website
of the Department of Defense information about
such system, including clear public guidance
for accessing and using such system and
providing feedback about the expected timeline
to process a report.
(6) Annual reports.--Section 1683 of the National
Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373) is amended--
(A) in subsection (h)--
(i) in paragraph (1), by inserting
``and congressional leadership'' after
``appropriate congressional
committees''; and
(ii) in paragraph (2), by adding at
the end the following new subparagraph:
``(Q) A summary of the reports received using
the system established under title XVI of the
National Defense Authorization Act for Fiscal
Year 2023.''; and
(B) in subsection (l)--
(i) by redesignating paragraphs (2)
through (5) as paragraphs (3) through
(6), respectively; and
(ii) by inserting after paragraph (1)
the following new paragraph (2):
``(2) The term `congressional leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of
Representatives; and
``(D) the minority leader of the House of
Representatives.''.
(c) Records of Nondisclosure Agreements.--
(1) Identification of nondisclosure agreements.--The
Secretary of Defense, the Director of National
Intelligence, the Secretary of Homeland Security, the
heads of such other departments and agencies of the
Federal Government that have supported investigations
of the types of events covered by subparagraph (A) of
subsection (b)(1) and activities and programs described
subparagraph (B) of such subsection, and contractors of
the Federal Government supporting such activities and
programs shall conduct comprehensive searches of all
records relating to nondisclosure orders or agreements
or other obligations relating to the types of events
described in subsection (a) and provide copies of all
relevant documents to the Office.
(2) Submittal to congress.--The head of the Office
shall--
(A) make the records compiled under paragraph
(1) accessible to the congressional
intelligence committees, the congressional
defense committees, and congressional
leadership; and
(B) not later than September 30, 2023, and at
least once each fiscal year thereafter through
fiscal year 2026, provide to such committees
and congressional leadership briefings and
reports on such records.
(d) Protection From Liability and Private Right of Action.--
(1) Protection from liability.--It shall not be a
violation of section 798 of title 18, United States
Code, or any other provision of law, and no cause of
action shall lie or be maintained in any court or other
tribunal against any person, for reporting any
information through, and in compliance with, the system
established pursuant to subsection (b)(1).
(2) Prohibition on reprisals.--An employee of a
Federal agency and an employee of a contractor for the
Federal Government who has authority to take, direct
others to take, recommend, or approve any personnel
action, shall not, with respect to such authority, take
or fail to take, or threaten to take or fail to take, a
personnel action, including the revocation or
suspension of security clearances, with respect to any
individual as a reprisal for any reporting as described
in paragraph (1).
(3) Private right of action.--In a case in which an
employee described in paragraph (2) takes a personnel
action against an individual in violation of such
paragraph, the individual may bring a private civil
action for all appropriate remedies, including
injunctive relief and compensatory and punitive
damages, against the Government or other employer who
took the personnel action, in the United States Court
of Federal Claims.
(e) Review by Inspectors General.--Not later than one year
after the date of the enactment of this Act, the Inspector
General of the Department of Defense and the Inspector General
of the Intelligence Community shall each--
(1) conduct an assessment of the compliance with the
requirements of this section and the operation and
efficacy of the system established under subsection
(b); and
(2) submit to the congressional intelligence
committees, the congressional defense committees, and
congressional leadership a report on their respective
findings with respect to the assessments they conducted
under paragraph (1).
(f) Definitions.--In this section:
(1) The term ``congressional intelligence
committees'' has the meaning given such term in section
3 of the National Security Act of 1947 (50 U.S.C.
3003).
(2) The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of
Representatives; and
(D) the minority leader of the House of
Representatives.
(3) The term ``intelligence community'' has the
meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(4) The term ``Office'' means the office established
under section 1683(a) of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373(a)).
(5) The term ``personnel action'' has the meaning
given such term in section 1104(a) of the National
Security Act of 1947 (50 U.S.C. 3234(a)).
(6) The term ``unidentified aerial phenomena'' has
the meaning given such term in section 1683(l) of the
National Defense Authorization Act for Fiscal Year 2022
(50 U.S.C. 3373(l)).
----------
157. An Amendment To Be Offered by Representative Gallagher of
Wisconsin or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, insert the following:
SEC. 5__. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION REGARDING
PROSPECTIVE RECRUITS.
Section 503(a) of title 10, United States Code, is amended
adding at the end the following new paragraphs:
``(3) PII regarding a prospective recruit collected
or compiled under this subsection shall be kept
confidential, and a person who has had access to such
PII may not disclose the information except for
purposes of this section or other purpose authorized by
law.
``(4) In the course of conducting a recruiting
campaign, the Secretary concerned shall--
``(A) notify a prospective recruit of data
collection policies of the armed force
concerned; and
``(B) permit the prospective recruit to elect
not to participate in such data collection.
``(5) In this subsection, the term `PII' means
personally identifiable information.''.
----------
158. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XXVIII, add the following:
SEC. __. PHYSICAL ENTRANCES TO CERTAIN MILITARY INSTALLATIONS.
The Secretary of Defense shall ensure that, to the extent
practicable--
(1) each military installation in the United States
has a designated main entrance that, at all times, is
manned by at least 1 member of the Armed Forces or
civilian employee of the Department of Defense;
(2) the location of each such designated main
entrance is published on a publicly accessible Internet
website of the Department;
(3) if a military installation in the United States
has any additional entrance designated for commercial
deliveries to the military installation, the location
of such entrance (and any applicable days or hours of
operation for such entrance) is published on the same
Internet website specified in paragraph (2); and
(4) the information published on the Internet website
specified in paragraph (2) is reviewed and, as
necessary, updated on a basis that is not less frequent
than annually.
----------
159. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XXVIII, insert the
following new section:
SEC. 28__. IMPROVEMENTS RELATING TO ACCESS TO MILITARY INSTALLATIONS IN
UNITED STATES.
(a) Additional Categories for Expedited Access.--Chapter 159
of title 10, United States Code, is amended by adding at the
end the following new section (and conforming the table of
sections at the beginning of such chapter accordingly):
``Sec. 2698. Access to military installations: standards for entry to
military installations in United States
``(a) Access to Military Installations in United States.--(1)
The Secretary of Defense shall maintain access standards
applicable to all military installations in the United States.
Such standards shall require screening standards appropriate to
the type of installation involved, the security level of the
installation, the category of individuals authorized to visit
the installation, and the level of access to be granted,
including--
``(A) protocols and criteria to determine the fitness
of the individual to enter an installation;
``(B) standards and methods for verifying the
identity of the individual; and
``(C) other factors the Secretary determines
appropriate.
``(2) In developing the standards under paragraph (1), the
Secretary shall, with respect to military installations in the
United States--
``(A) include procedures for recurring unescorted
access to facilitate future visits to the installation
for individuals who--
``(i) are non-Department of Defense
personnel; and
``(ii) are determined to be eligible under
such standards; and
``(B) ensure that access for such individuals is
based on the use of credentials non-Department of
Defense personnel already posses, to the extent
practical.
``(3) Upon publication in the Federal Register of final
regulations to carry out paragraph (1), the Secretary shall
publish the standards set forth therein on a publicly
accessible Internet website of the Department of Defense.
``(4) In carrying out this subsection, the Secretary shall
seek to procure and field existing identification screening
technology (including technology to enable the Secretary to
validate other Federally recognized access credentials) and
develop additional technology only to the extent necessary to
assist commanders of military installations in the United
States in implementing the standards under paragraph (1) at
points of entry for such installations.
``(b) Pre-arrival Registration and Screening Protocol for
Access to Military Installations in United States.--The
Secretary shall ensure that the standards under subsection (a)
include a specific protocol for the voluntary pre-arrival
registration and screening of individuals anticipating a need
for access to a military installation in the United States to
establish the fitness and purpose of such individual. Under
such protocol--
``(1) such a screening shall occur not less than 24
hours, and not more than 14 days prior, to the time of
such access; and
``(2) if an individual is determined fit to enter the
installation pursuant to the pre-arrival registration
and screening, access may only be granted upon arrival
at the military installation on the date of the
established purpose, following a verification of the
identity of the individual.
``(c) Unescorted Access to Military Installations in United
States for Certain Individuals.--The Secretary shall maintain
guidance regarding the granting of unescorted access to
military installations in the United States for covered
individuals and ensure such guidance is circulated to the
commanders of each such military installation. Such guidance
shall--
``(1) identify the categories of covered individuals
that may obtain such unescorted access;
``(2) include a list of credentials that can be used
for access to an installation that are, to the extent
practical, types of identification non-Department of
Defense personnel already posses.
``(3) be consistent across military installations in
the United States; and
``(4) be in accordance with any privileges or
benefits accorded under, procedures developed pursuant
to, or requirements of, each covered provision and
subsection (a).
``(d) Physical Entrances to Certain Military Installations.--
The Secretary shall ensure that, to the extent practicable--
``(1) each military installation in the United States
has a designated main entrance that, at all times, is
manned by at least one member of the Armed Forces or
civilian employee of the Department;
``(2) the location of each such designated main
entrance is published on a publicly accessible Internet
website of the Department;
``(3) if a military installation in the United States
has any additional entrance designated for commercial
deliveries to the military installation, the location
of such entrance (and any applicable days or hours of
operation for such entrance) is published on the same
Internet website specified in paragraph (2); and
``(4) the information published on the Internet
website specified in paragraph (2) is reviewed and, as
necessary, updated on a basis that is not less frequent
than annually.
``(e) Reviews and Submission to Congress.--On a basis that is
not less frequent than once every five years, the Secretary
shall--
``(1) review the standards and guidance under this
section, and make such updates as may be determined
appropriate by the Secretary; and
``(2) submit to the Committees on Armed Services of
the House of Representatives and the Senate the most
recently reviewed and, as applicable, updated version
of such standards and guidance.
``(f) Definitions.--In this section:
``(3) The term `covered individual' means, with
respect to a military installation in the United
States, the following:
``(A) A member of the armed forces or
civilian employee of the Department of Defense,
or an employee or family member of such member
or employee, who resides, attends school,
receives health care services, or shops at a
commissary or exchange store on the
installation.
``(B) A retired member of the armed forces,
including the reserve components, or a family
member of such retired member, who resides,
attend schools, receives health care services,
or shops at a commissary or exchange store on
the installation.
``(C) An individual performing work at the
installation under a contract or subcontract
(at any tier), including a military
construction project, military family housing
project, or a Facilities Sustainment,
Restoration, and Modernization project.
``(D) A motor carrier or household goods
motor carrier providing transportation services
for the United States Transportation Command
``(E) An official who is employed by an
agency of the State in which the installation
is located that enforces laws relating to
workers' compensation or minimum wage with
respect to such State and who is seeking such
access pertaining to a specific military
construction project, military family housing
project, or Facilities Sustainment,
Restoration, and Modernization project.
``(F) A representative of any labor
organization (as defined in section 2 of the
National Labor Relations Act (29 U.S.C. 152)),
including a member of any labor management
committee described in section 205A of the
Labor Management Relations Act, 1947 (29 U.S.C.
175a), who is--
``(i) seeking access to an individual
performing work at the installation who
is a member of such labor
organization--
``(I) in connection with a
specific military construction
project, military family
housing project, or Facilities
Sustainment, Restoration, and
Modernization project; or
``(II) pursuant to a
concessions or service contract
subject to chapter 67 of title
41 (known as the `McNamara-
O'Hara Service Contract Act of
1965'); or
``(ii) seeking access to an
individual performing work at the
installation for the purposes of
soliciting such individual to join such
labor organization.
``(G) A representative of any labor
organization (as defined in section 2 of the
National Labor Relations Act (29 U.S.C. 152)),
including a member of any labor management
committee described in section 205A of the
Labor Management Relations Act, 1947 (29 U.S.C.
175a), or a representative of a program
registered under the Act of August 16, 1937
(commonly known as the `National Apprenticeship
Act'; 29 U.S.C. 50 et seq.) conducting a
vocational training, job fair, or similar
workforce development event for members of the
armed forces or veterans at the installation.
``(2) The term `covered provision' means the
following:
``(A) Chapter 54 of this title.
``(B) Section 202 of the REAL ID Act of 2005
(Public Law 109-13; 49 U.S.C. 30301 note).
``(C) Section 2812 of the National Defense
Authorization Act for Fiscal Year 2013 (Public
Law 112-239; 126 Stat. 2150; 10 U.S.C. 113
note).
``(D) Sections 346 and 1050 of the National
Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 113 note).
``(E) Section 626 of the John S. McCain
National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1802;
10 U.S.C. 113 note).
``(F) Section 1090 of the William M. (Mac)
Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 3879; 10 U.S.C. 113 note).
``(3) The term `Federally recognized access
credential' means a credential authorized by Federal
law or otherwise issued by the head of a Federal
department or agency that requires the vetting of an
individual for access to a facility, area, or program.
``(4) The term `military installation' has the
meaning given that term in section 2801 of this title.
``(5) The term `State' means any of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands
of the United States, or the Commonwealth of the
Northern Mariana Islands.
``(6) The term `United States' includes each State,
as such term is defined in this subsection.''.
(b) Deadline for First Review and Submission to Congress.--
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall--
(1) conduct the first review of the standards and
guidance required under section 2698 of title 10,
United States Code (as added by subsection (a)); and
(2) submit to the Committees on Armed Services of the
House of Representatives and the Senate the reviewed
and, as applicable, updated version of such standards
and guidance.
(c) Modification to Certain Notification Requirement.--
Section 1090(b)(2)(B) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 3879; 10 U.S.C. 113 note) is amended by
striking ``is'' and inserting ``and, as appropriate, the
Secretary of Homeland Security and the Director of the Federal
Bureau of Investigation, are''.
(d) Technical and Conforming Amendments.--
(1) Repeal of duplicate provision.--Section 1069 of
the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 326) is repealed.
(2) Conforming amendments to prior national defense
authorization act.--Section 1050 of the National
Defense Authorization Act for Fiscal Year 2017 (10
U.S.C. 113 note; 130 Stat. 2396) is amended--
(A) in subsection (a), by striking
``Department of Defense installations'' and
inserting ``military installations in the
United States'';
(B) in subsection (b), by striking
``Department of Defense facilities'' and
inserting ``military installations in the
United States''; and
(C) by adding at the end the following new
subsection:
``(c) Definitions.--In this section, the terms `military
installation' and `United States' have the meanings given such
terms in section 2698(e) of title 10, United States Code.''.
----------
160. An Amendment To Be Offered by Representative Garamendi 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__. REVIEW AND REPORT ON OFFENSIVE HYPERSONIC WEAPONS PROGRAMS OF
THE DEPARTMENT OF DEFENSE.
(a) Review.--The Comptroller General of the United States
shall conduct a review of the offensive hypersonic weapons
programs of the Department of Defense, including the Navy
Conventional Prompt Strike Program, the Army Long Range
Hypersonic Weapon, and the Air Force Air Launched Rapid
Response Weapon.
(b) Elements.--The review under subsection (a) shall
address--
(1) cost and schedule estimates for the fielding of
offensive hypersonic weapon systems, including any
assumptions that underpin such estimates;
(2) whether and to what extent the hypersonic weapon
systems are expect to fully achieve the requirements
originally established for such systems;
(3) the technological and manufacturing maturity of
the critical technologies and materials planned for the
systems; and
(4) whether and to what extent the Department has
pursued alternatives to the critical technologies
identified under paragraph (3).
(c) Initial Briefing.--Not later than one year after the date
of the enactment of this Act, the Comptroller General shall
provide to the congressional defense committees a briefing on
the initial results of the review conducted under subsection
(a).
(d) Final Report.--Following the briefing under subsection
(c), on a date mutually agreed upon by the Comptroller General
and the congressional defense committees, the Comptroller
General shall submit to the committees a report on the final
results of the review conducted under subsection (a).
----------
161. An Amendment To Be Offered by Representative Garbarino of New York
or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title III, insert the following
new section:
SEC. 3__. BRIEFING RELATING TO USE OF RECYCLED RUBBER WASTE PRODUCTS BY
DEPARTMENT OF DEFENSE.
Not later than February 1, 2023, the Deputy Assistant
Secretary of Defense for Environment and Energy Resilience
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the use, and
potential use, by the Department of recycled and recyclable
rubber products, including an assessment of the utility of such
use.
----------
162. An Amendment To Be Offered by Representative Golden of Maine or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following:
SEC. 7__. PSYCHOLOGICAL EVALUATIONS FOR MEMBERS OF THE ARMED FORCES
RETURNING FROM KABUL.
(a) Initial Evaluation.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide an initial psychological evaluation to each
member of the Armed Forces who--
(1) served at the Hamid Karzai International Airport
in Kabul, Afghanistan, between August 15 and August 29,
2021; and
(2) has not already received a psychological
evaluation with respect to such service.
(b) Additional Evaluations.--The Secretary of Defense shall
provide to each member of the Armed Forces who receives a
psychological evaluation under subsection (a), or would have
received such an evaluation but for the application of
subsection (a)(2)--
(1) an additional psychological evaluation not later
than two years after the date of the enactment of this
Act; and
(2) a second additional psychological evaluation not
later than five years after the date of the enactment
of this Act.
(c) Reporting Requirement.--Not later than 220 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the number of members of the Armed Forces, broken down by
component (National Guard, Reserve, and Active), that are
eligible for, and receive, an initial psychological
evaluation--
(1) under subsection (a); or
(2) otherwise resulting from service at the Hamid
Karzai International Airport in Kabul, Afghanistan,
between August 15 and August 29, 2021.
----------
163. An Amendment To Be Offered by Representative Gomez of California
or His Designee, Debatable for 10 Minutes
At the appropriate place in title LI, insert the following:
SEC. __. SENSE OF CONGRESS REGARDING KOREAN AND KOREAN-AMERICAN VIETNAM
WAR VETERANS.
(a) Findings.--Congress finds the following:
(1) Korean and Korean-American Vietnam War veterans
served honorably throughout the conflict, fighting
valiantly both in and alongside the United States Armed
Forces, 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 Republic of 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) The Republic of 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 the Republic of
Korea's Armed Forces served in Vietnam, the largest
contribution of troops sent by an ally of the United
States.
(6) Republic of Korea 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 Vietnam War veterans who served
alongside the United States Armed Forces in the Vietnam
conflict fought with honor and valor.
----------
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 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.
----------
166. An Amendment To Be Offered by Representative Gonzalez-Colon of
Puerto Rico or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 7__. HEALTH-RELATED BEHAVIORS SURVEY AND REPORT.
(a) Survey.--The Director of the Defense Health Agency shall
conduct a health-related behaviors survey among the members of
the Armed Forces.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Director of the Defense Health
Agency shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report containing the
results of the survey under subsection (a).
----------
167. An Amendment To Be Offered by Representative Gottheimer of New
Jersey 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 NATIONAL DEFENSE EDUCATION PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Defense-wide, as specified in the corresponding
funding table in section 4201, for basic research, National
Defense Education Program, line 006, is hereby increased by
$5,000,000.
(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,
Defense-wide, as specified in the corresponding funding table
in section 4301, for administration and service-wide
activities, Washington Headquarters Services, line 500, is
hereby reduced by $5,000,000.
----------
168. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle J of title V, insert the
following:
SEC. 5__ REPORT ON INSTANCES OF ANTISEMITISM.
The Secretaries concerned shall submit to the congressional
defense committees a report that identifies, with respect to
the equal opportunity programs under the jurisdiction of each
Secretary concerned--
(1) all administrative investigations into
allegations of antisemitism; and
(2) all substantiated instances of antisemitism.
----------
169. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle F 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.
----------
170. 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. 5__. 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.''.
----------
171. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. 5__. FUNDING FOR SKILLBRIDGE.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4301, line 440 for Office of Secretary
of Defense, as specified in the corresponding funding table in
section 4301, is hereby increased by $5,000,000 for the
Skillbridge 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, for Washington Headquarters Services, Line 500,
as specified in the corresponding funding table in section
4301, is hereby reduced by $5,000,000.
----------
172. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. 5__. FUNDING FOR SKILLBRIDGE FOR LAW ENFORCEMENT TRAINING.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4301, line 440 for Office of Secretary
of Defense, as specified in the corresponding funding table in
section 4301, is hereby increased by $5,000,000. Such
additional amounts shall be for the Skillbridge program under
section 1143(e) of title 10, United States Code, to provide
training to members of the Armed Forces to become law
enforcement officers.
(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, for Washington Headquarters Services, Line 500,
as specified in the corresponding funding table in section
4301, is hereby reduced by $5,000,000.
----------
173. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. 5__. NUMBERS OF CERTAIN NOMINATIONS FOR CADETS AT THE UNITED
STATES MILITARY ACADEMY.
Section 7442 of title 10, United States Code, is amended--
(1) in subsection (a), in the matter following
paragraph (10), by striking ``10'' and inserting
``15''; and
(2) in subsection (b)(5), by striking ``150'' and
inserting ``200''.
----------
174. An Amendment To Be Offered by Representative Graves of Louisiana
or His Designee, Debatable for 10 Minutes
At the end of subtitle I of title V, add the following:
SEC. 5__. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR VIETNAM
SERVICE MEDAL.
The Secretary of the military department concerned may, upon
the application of an individual who is a veteran who
participated in Operation End Sweep, award that individual the
Vietnam Service Medal.
----------
175. An Amendment To Be Offered by Representative Green of Tennessee or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII, insert the following:
SEC. 12__. GENERAL THADDEUS KOSCIUSZKO EXCHANGE PROGRAM.
(a) Authority.--The Commander of United States Army Special
Operations Command shall seek to carry out a training program
pursuant to section 322 of title 10, United States Code,
between special operations forces under the jurisdiction of the
Commander and special operations forces of the Polish Army.
Such program shall be known as the ``General Thaddeus
Kosciuszko Memorial Exchange Program for Polish-American
Defense Cooperation''.
(b) Purposes.--The purposes of the program include the
following:
(1) To create an enduring training cooperation
program to enhance the national security and defensive
capabilities of the United States and Poland.
(2) To enable both countries to effectively respond
to emerging threats and future challenges in Eastern
Europe and around the globe.
(3) To increase the interoperability, combined
readiness, joint planning capabilities, and shared
situational awareness between special operations forces
described in subsection (a).
(4) To provide a program for the exchange of such
special operations forces that will increase readiness
and capacity to counter adversarial operations,
including--
(A) enhancing and increasing the capability
to counter irregular and asymmetrical warfare;
(B) enhancing and increasing the capability
to respond to, and conduct, information
operations;
(C) enhancing and increasing the capability
to counter land and air assaults, including the
capacity to conduct urban warfare; and
(D) any other relevant training that the
Secretary of Defense determines relevant,
including training at military training centers
and professional military education
institutions of the Department of Defense.
(5) To encourage the deepening and number of training
programs among NATO allies and partners to strengthen
joint resiliency, readiness, and deterrence
capabilities, to facilitate peace in the transatlantic
region.
(c) Eligibility.--Officers and enlisted members of such
special operations forces may participate in the program under
this section.
(d) Progress Report.--Not later than 120 days after the date
of the enactment of this Act, the Commander shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report regarding progress of the Commander in
carrying out the training program.
----------
176. An Amendment To Be Offered by Representative Guest of Mississippi
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title V of division A of the
bill, add the following:
SEC. ___. DIVESTITURE OF TACTICAL CONTROL PARTY.
No divestiture of any Tactical Control Party specialist force
structure from the Air National Guard may occur until the Chief
of the National Guard Bureau provides a report to the
congressional defense committees describing--
(1) the capability gaps caused by divestiture of
Tactical Control Party force structure from the Air
National Guard and its impact on the Department of
Defense to execute the National Defense Strategy; and
(2) the impacts of such divestiture to the
operational capabilities of the Army National Guard.
----------
177. An Amendment To Be Offered by Representative Hayes of Connecticut
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, insert the following
new section:
SEC. 7__. ANNUAL REVIEW AND UPDATE OF ONLINE INFORMATION RELATING TO
SUICIDE PREVENTION.
Not later than September 30, 2023, and on an annual basis
thereafter, each Secretary of a military department shall--
(1) review any information relating to suicide
prevention or behavioral health, including any contact
information for related resources, that is published on
an Internet website of the military department at the
installation level;
(2) make updates to such information as may be
necessary; and
(3) submit to the congressional defense committees a
certification that such information is up-to-date.
----------
178. An Amendment To Be Offered by Representative Himes of Connecticut
or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle D of title XII, insert
the following:
SEC. __. TASK FORCE TO TRACK SECURITY ASSISTANCE TO UKRAINE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the
congressional defense committees a report on best practices for
creating a Task Force or Working Group to determine how to
track and monitor United States defense articles and defense
services made available to Ukraine. Such report shall also
identify gaps or needs for greater research investment in
developing predictive modeling that can forecast the movement
of weapons, to be used for weapons tracking in Ukraine and in
future conflicts where the United States provides security
assistance.
(b) Implementation.--Not later than 180 days after the date
of the submission of the report required by subsection (a), the
best practices and recommendations identified in such report
shall be implemented.
(c) Update.--The President shall provide to the congressional
defense committees quarterly updates on the progress of
implementation in accordance with subsection (b).
----------
179. An Amendment To Be Offered by Representative Horsford of Nevada or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVI, insert the following:
SEC. 1609. REPORT ON HYPERSPECTRAL SATELLITE TECHNOLOGY.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall submit to the congressional
defense committees a report on how hyperspectral satellite
technology being developed and tested by domestic commercial
satellite companies may be incorporated in the Department of
Defense's existing and future greenhouse gas reduction efforts.
----------
180. 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__. FUNDING FOR HIGH ENERGY LASER AND CERTAIN EMERGING TECHNOLOGY
INITIATIVES.
(a) Funding for High Energy Laser.--
(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, Army, as
specified in the corresponding funding table in section
4201, for advanced technology development, air and
missile defense advanced technology (PE 0603466A), line
048, Counter-Unmanned Aerial Systems Palatized-High
Energy Laser is hereby increased by $25,000,000.
(2) 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
advanced technology development, air and missile
defense advanced technology (PE 0603466A), line 048,
Program Increase is hereby reduced by $25,000,000.
(b) Funding for Emerging Technology Initiatives.--
(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, Army, as
specified in the corresponding funding table in section
4201, for system development & demonstration, emerging
technology initiatives (PE 0605054A), line 136, Program
Increase (10kw-50kw DE-MSHORAD) is hereby increased by
$70,000,000.
(2) Offset.--Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized
to be appropriated in section 201 for research,
development, test, and evaluation, Army, as specified
in the corresponding funding table in section 4201, for
system development & demonstration, emerging technology
initiatives (PE 0605054A), line 136, Program increase
(10kw-50kw DE- MSHORAD) and C-UAS P-HEL is hereby
reduced by $70,000,000.
----------
181. 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 II, add the following new
section:
SEC. 2__. DEPARTMENT OF DEFENSE ADVANCED TECHNOLOGY INVESTMENT
INCENTIVE PILOT PROGRAM.
(a) Establishment.--
(1) In general.--Subject to the availability of
appropriations for this purpose, the Secretary of
Defense shall carry out a pilot program to accelerate
the development of advanced technology for national
security by creating incentives for trusted private
capital in domestic small businesses or nontraditional
businesses that are developing technology that the
Secretary considers necessary to support the
modernization of the Department of Defense and national
security priorities.
(2) Purposes.--The purposes of the pilot program
required by this subsection are as follows:
(A) To promote the global superiority of the
United States in advanced technologies of
importance to national security, which are not
adequately supported by private sector
investment.
(B) To accelerate the transition and
deployment of advanced technologies into the
Armed Forces.
(C) To support Department spending through a
loan guarantee to accelerate development of
advanced technology as described in paragraph
(1).
(b) Public-private Partnership.--
(1) In general.--In carrying out subsection (a), the
Secretary shall enter into a public-private partnership
with one or more persons using criteria that the
Secretary shall establish for purposes of this
subsection.
(2) Criteria.--The criteria established under
paragraph (1) for entering into a public-private
partnership with a person shall include the following:
(A) The person shall be independent.
(B) The person shall be free from foreign
oversight, control, influence, or beneficial
ownership.
(C) The person shall have commercial private
capital fund experience with technology
development in the defense and commercial
sectors.
(D) The person shall be eligible for access
to classified information (as defined in the
procedures established pursuant to section
801(a) of the National Security Act of 1947 (50
U.S.C. 3161(a))).
(3) Operating agreement.--The Secretary and a person
with whom the Secretary enters a partnership under
paragraph (1) shall enter into an operating agreement
that sets forth the roles, responsibilities,
authorities, reporting requirements, and governance
framework for the partnership and its operations.
(c) Investment of Equity.--
(1) Pursuant to a public-private partnership entered
into under subsection (c), a person with whom the
Secretary has entered the partnership shall invest
equity in domestic small businesses or nontraditional
businesses consistent with subsection (a).
(2) Investments under paragraph (1) shall be selected
based on their technical merit, economic
considerations, and ability to support modernization
goals of the Department.
(d) Briefings and Reports.--
(1) Initial briefing and report.--Not later than one
year after the date of the enactment of this Act, the
Secretary shall provide to the congressional defense
committees a briefing on the implementation of this
section and a report on the feasibility of implementing
loan guarantees to enhance the effectiveness of the
pilot program under subsection (a), including--
(A) a detailed description of how loan
guarantees would be vetted, approved, and
managed, including mechanisms to protect the
government's interests; and
(B) how such loan guarantees would be
coordinated with other government invest
mechanisms or other private sector financing.
(2) Final briefing.--Not later than five years after
the date of the enactment of this Act, the Secretary
shall provide to the congressional defense committees a
briefing on the outcomes of the pilot program under
subsection (a) and the feasibility and advisability of
making it permanent.
(e) Termination.--The authority to carry out the pilot
program under subsection (a) shall terminate on the date that
is five years after the date of the enactment of this Act.
(f) Definitions.--In this section:
(1) The term ``domestic business'' has the meaning
given the term ``U.S. business'' in section 800.252 of
title 31, Code of Federal Regulations, or successor
regulation.
(2) The term ``domestic small businesses or
nontraditional businesses'' means--
(A) a small businesses that is a domestic
business; or
(B) a nontraditional business that is a
domestic business.
(3) The term ``free from foreign oversight, control,
influence, or beneficial ownership'', with respect to a
person, means a person who has not raised and managed
capital from a person or entity that is not trusted and
is otherwise free from foreign oversight, control,
influence, or beneficial ownership.
(4) The term ``independent'', with respect to a
person, means a person who lacks a conflict of interest
accomplished by not having entity or manager
affiliation or ownership with an existing fund.
(5) The term ``nontraditional business'' has the
meaning given the term ``nontraditional defense
contractors'' in section 3014 of title 10, United
States Code.
(6) The term ``small business'' has the meaning given
the term ``small business concern'' in section 3 of the
Small Business Act (15 U.S.C. 632).
----------
182. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following:
SEC. 8__. REPORT ON STRATEGIC AND CRITICAL MATERIALS.
(a) Findings.--Congress finds that the annex provided by the
Department of Defense under section 851 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3773) did not contain every
element required under such section.
(b) Report Required.--Not later than June 1, 2023, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report describing strategic and
critical materials requirements of the Department of Defense,
including the gaps and vulnerabilities in supply chains of such
materials.
(c) Elements.--The Under Secretary of Defense for Acquisition
and Sustainment shall include in the report required by
subsection (b) the following:
(1) The overall annual tonnage of each strategic or
critical material used by the Department of Defense
during the 10-year period ending on December 31, 2021.
(2) An evaluation of the benefits of a robust
domestic supply chain for strategic and critical
materials.
(3) An evaluation of the effects of the use of
waivers by the Strategic Materials Protection Board
established under section 187 of title 10, United
States Code, on the domestic supply of strategic and
critical materials.
(4) An identification of the improvements to the
National Defense Stockpile that are required to further
ensure that the Department of Defense has access to
strategic and critical materials, aligning the goals of
the stockpile with those of the Department and
prioritize existing and future needs for emerging
technologies.
(5) An evaluation of the domestic processing and
manufacturing capacity required to supply strategic and
critical materials to the Department of Defense,
including identifying, in consultation with the
Director of the United States Geological Survey,
domestic locations of proven sources of such strategic
and critical materials with existing commercial
manufacturing capabilities.
(6) An identification of all minerals that are
strategic and critical materials, and supply chains for
such minerals, that originate in or pass through the
Russian Federation.
(7) An evaluation of the process required to
immediately halt the procurement of minerals described
in paragraph (6) or products by the Government without
adversely affecting national security.
(8) Any limits on the availability of information
preventing or limiting the Under Secretary from fully
addressing an element described in paragraphs (1)
through (7) in the report.
(9) Any legislative recommendations, statutory
authority, or appropriations necessary to improve the
ability of the Department to monitor and address its
strategic and critical materials requirements.
(d) Form.--The report required in subsection (b) shall be
submitted in unclassified form but may include a classified
annex.
(e) Strategic and Critical Materials Defined.--In this
section, the term ``strategic and critical materials'' has the
meaning given such term in section 12 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. Sec. 98h-3).
----------
183. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, add the following:
SEC. __. DEPARTMENT OF DEFENSE CYBER AND DIGITAL SERVICE ACADEMY.
(a) Establishment.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretary of Homeland Security
and the Director of the Office of Personnel Management,
shall establish a program to provide financial support
for pursuit of programs of education at institutions of
higher education that have been designated as a Center
of Academic Excellence in Cyber Education as defined in
section 2200e of title 10, United States Code, in
covered disciplines.
(2) Designation.--The program established under
paragraph (1) shall be known as the ``Department of
Defense Cyber and Digital Service Academy'' (in this
section the ``Program'').
(3) Covered disciplines.--For purposes of the
Program, a covered discipline is a discipline that the
Secretary of Defense determines is critically needed
and is cyber- or digital technology-related, including
the following:
(A) Cyber-related arts and sciences.
(B) Cyber-related engineering.
(C) Cyber-related law and policy.
(D) Applied analysts-related sciences, data
management, and digital engineering, including
artificial intelligence and machine learning.
(E) Such other disciplines relating to cyber,
cybersecurity, digital technology, or
supporting functions as the Secretary of
Defense considers appropriate.
(b) Program Description and Components.--The Program shall--
(1) provide scholarships through institutions of
higher education described in subsection (a)(1) to
students who are enrolled in programs of education at
such institutions leading to degrees or specialized
program certifications in covered disciplines;
(2) prioritize the placement of scholarship
recipients fulfilling the post-award employment
obligation under this section; and
(3) coordinate with the Cyber Scholarship Program as
authorized in chapter 112 of title 10, United States
Code.
(c) Scholarship Amounts.--
(1) Amount of assistance.--Each scholarship under the
Program shall be in such amount as the Secretary
determines is necessary to pay all educational expenses
incurred by that person, including tuition, fees, cost
of books, laboratory expenses, and expenses of room and
board, for the pursuit of the program of education for
which the assistance is provided under the Program. The
Secretary shall ensure that expenses paid are limited
to those educational expenses normally incurred by
students at the institution of higher education
involved.
(2) Support for internship activities.--The financial
assistance for a person under this section may also be
provided to support internship activities of the person
in the Department of Defense in periods between the
academic years leading to the degree for which
assistance is provided the person under the Program.
(3) Period of support.--Each scholarship under the
Program shall be for not more than 5 years.
(4) Additional stipend.--Students demonstrating
financial need, as determined by the Secretary, may be
provided with an additional stipend under the Program.
(d) Post-award Employment Obligations.--Each scholarship
recipient, as a condition of receiving a scholarship under the
Program, shall enter into an agreement under which the
recipient agrees to work for a period equal to the length of
the scholarship, following receipt of the student's degree or
specialized program certification, in the cyber- and digital
technology-related missions of the Department, in accordance
with the terms and conditions specified by the Secretary in
regulations the Secretary shall promulgate to carry out this
subsection.
(e) Hiring Authority.--In carrying out this section,
specifically with respect to enforcing the obligations and
conditions of employment under subsection (d), the Secretary
may use an authority otherwise available to the Secretary for
the recruitment, employment, and retention of civilian
personnel within the Department, including authority under
section 1588f of title 10, United States Code.
(f) Eligibility.--To be eligible to receive a scholarship
under this section, an individual shall--
(1) be a citizen or lawful permanent resident of the
United States;
(2) demonstrate a commitment to a career in improving
the security of information technology;
(3) have demonstrated a high level of competency in
relevant knowledge, skills, and abilities, as defined
by the national cybersecurity awareness and education
program under section 303 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7443);
(4) be a full-time student, or have been accepted as
a full-time student, in a program leading to a degree
or specialized program certification in a covered
discipline at an institution of higher education;
(5) enter into an agreement accepting and
acknowledging the post award employment obligations,
pursuant to section (d);
(6) accept and acknowledge the conditions of support
under section (g); and
(7) accept all terms and conditions of a scholarship
under this section and meet such other requirements for
a scholarship as determined by the Secretary.
(g) Conditions of Support.--
(1) In general.--As a condition of receiving a
scholarship under this section, a recipient shall agree
to provide the Office of Personnel Management (in
coordination with the Department of Defense) and the
institutions of higher education described in
subsection (a)(1) with annual verifiable documentation
of post-award employment and up-to-date contact
information.
(2) Terms.--A scholarship recipient under the Program
shall be liable to the United States as provided in
subsection (i) if the individual--
(A) fails to maintain an acceptable level of
academic standing at the applicable institution
of higher education, as determined by the
Secretary;
(B) is dismissed from the applicable
institution of higher education for
disciplinary reasons;
(C) withdraws from the eligible degree
program before completing the Program;
(D) declares that the individual does not
intend to fulfill the post-award employment
obligation under this section;
(E) fails to maintain or fulfill any of the
post-graduation or post-award obligations or
requirements of the individual; or
(F) fails to fulfill the requirements of
paragraph (1).
(h) Monitoring Compliance.--As a condition of participating
in the Program, an institution of higher education described in
subsection (a)(1) shall--
(1) enter into an agreement with the Secretary to
monitor the compliance of scholarship recipients with
respect to their post-award employment obligations; and
(2) provide to the Secretary and the Director of the
Office of Personnel Management, on an annual basis, the
post-award employment documentation required under
subsection (g)(1) for scholarship recipients through
the completion of their post-award employment
obligations.
(i) Amount of Repayment.--
(1) Less than 1 year of service.--If a circumstance
described in subsection (g)(2) occurs before the
completion of 1 year of a post-award employment
obligation under the Program, the total amount of
scholarship awards received by the individual under the
Program shall be considered a debt to the Government
and repaid in its entirety.
(2) 1 or more years of service.--If a circumstance
described in subparagraph (D) or (E) of subsection
(g)(2) occurs after the completion of 1 or more years
of a post-award employment obligation under the
Program, the total amount of scholarship awards
received by the individual under the Program, reduced
by the ratio of the number of years of service
completed divided by the number of years of service
required, shall be considered a debt to the Government
and repaid in accordance with subsection (j).
(j) Repayments.--A debt described in subsection (i) shall be
subject to repayment, together with interest thereon accruing
from the date of the scholarship award, in accordance with
terms and conditions specified by the Secretary in regulations
promulgated to carry out this subsection.
(k) Collection of Repayment.--
(1) In general.--In the event that a scholarship
recipient is required to repay the scholarship award
under the Program, the institution of higher education
providing the scholarship shall--
(A) determine the repayment amounts and
notify the recipient, the Secretary, and the
Director of the Office of Personnel Management
of the amounts owed; and
(B) collect the repayment amounts within a
period of time as determined by the Secretary.
(2) Returned to treasury.--Except as provided in
paragraph (3), any repayment under this subsection
shall be returned to the Treasury of the United States.
(3) Retain percentage.--An institution of higher
education may retain a percentage of any repayment the
institution collects under this subsection to defray
administrative costs associated with the collection.
The Secretary shall establish a single, fixed
percentage that will apply to all eligible entities.
(l) Public Information.--
(1) Evaluation.--The Secretary, in coordination with
the Director of the Office of Personnel Management,
shall periodically evaluate and make public, in a
manner that protects the personally identifiable
information of scholarship recipients, information on
the success of recruiting individuals for scholarships
under the Program and on hiring and retaining those
individuals in the Department of Defense workforce,
including information on--
(A) placement rates;
(B) where students are placed, including job
titles and descriptions;
(C) salary ranges for students not released
from obligations under this section;
(D) how long after graduation students are
placed;
(E) how long students stay in the positions
they enter upon graduation;
(F) how many students are released from
obligations; and
(G) what, if any, remedial training is
required.
(2) Reports.--The Secretary, in coordination with the
Office of Personnel Management, shall submit, not less
frequently than once every two years, to Congress a
report, including--
(A) the results of the evaluation under
paragraph (1);
(B) the disparity in any reporting between
scholarship recipients and their respective
institutions of higher education; and
(C) any recent statistics regarding the size,
composition, and educational requirements of
the relevant Department of Defense workforce.
(3) Resources.--The Secretary, in coordination with
the Director of the Office of Personnel Management,
shall provide consolidated and user-friendly online
resources for prospective scholarship recipients,
including, to the extent practicable--
(A) searchable, up-to-date, and accurate
information about participating institutions of
higher education and job opportunities related
to the field of cybersecurity; and
(B) a modernized description of cybersecurity
careers.
(m) Allocation of Funding.--
(1) In general.--Not less than 50 percent of the
amount available for financial assistance under this
section for a fiscal year shall be available only for
providing financial assistance for the pursuit of
programs of education referred to in subsection (b)(1)
at institutions of higher education that have
established, improved, or are administering programs of
education in cyber disciplines under the grant program
established in section 2200b of title 10, United States
Code, as determined by the Secretary of Defense.
(2) Associates degrees.--Not less than five percent
of the amount available for financial assistance under
this section for a fiscal year shall be available for
providing financial assistance for the pursuit of an
associate degree at an institution described in
paragraph (1).
(n) Board of Directors.--In order to help identify workforce
needs and trends relevant to the Program, the Secretary may
establish a board of directors for the Program that consists of
representatives of Federal departments and agencies.
(o) Commencement of Program.--The Secretary shall commence
the Program as early as practicable, with the first
scholarships awarded under the Program for the academic year
beginning not later than the Fall semester of 2024.
----------
184. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XV add the following:
SEC. 1535. ESTABLISHMENT OF HACKING FOR NATIONAL SECURITY AND PUBLIC
SERVICE INNOVATION PROGRAM.
(a) Support Authorized.--
(1) In general.--The Secretary of Defense shall
establish a Hacking for National Security and Public
Service Innovation Program (in this section referred to
as the ``H4NSPSI program'') within the National
Security Innovation Network (in this section referred
to as the ``NSIN'').
(2) Coordinating authority.--The NSIN shall serve as
the coordinating authority for the H4NSPSI program and
activities under such program.
(3) Elements.--H4NSPSI program activities shall
include the following:
(A) Source problems at scale for the agencies
associated with the programs specified in
subsection (e).
(B) Recruit universities located in the
United States or in partner or allied nations
to work on the problems described in
subparagraph (A).
(C) Train universities described in
subparagraph (B) on the methodology of Hacking
for Defense.
(D) Support the universities described in
subparagraph (B) with content, curriculum, and
other support to develop solutions to the
problems described in subparagraph (A).
(E) Support the United States Government
adoption of solutions developed through the
programs specified in subsection (e).
(F) Support the development and acquisition
of talent within the agencies associated with
the programs specified in subsection (e).
(4) Objectives.--The H4NSPSI program may include the
following objectives:
(A) Increase funding for successful
innovation efforts that bridge the gap between
innovative organizations and the United States
military.
(B) Increase funding for established drivers
of national security innovation within the
Department of Defense and other Federal
agencies, including the programs specified in
subsection (e).
(C) Improve the ability of the Department of
Defense to maintain technological advantage
over competitors by leveraging private sector
innovation at scale.
(D) Through the use of existing authorities--
(i) strengthen United States national
security innovation efforts and
activities; and
(ii) create additional opportunities
for collaboration and shared experience
between the Department of Defense,
other Federal agencies, the private
sector, and academia through the
expansion of existing programs,
partnerships, and activities, including
those specified in subsection (e).
(E) Grow and sustain the innovation edge of
the United States by building and strengthening
the national security innovation base through
collaboration between the private sector,
academia, the Department of Defense, the Armed
Forces, and other Federal agencies.
(F) Invest in the future of national security
innovation by inspiring a new generation to
public service, supporting the diversity of the
United States national security innovation
workforce, and modernizing government decision-
making processes.
(G) Expand the United States science and
technology workforce by investing in STEM
education and exposing the national security
workforce to cutting-edge, innovative problem
validation and solution development practices.
(H) Develop best practices for the conduct of
such activities and programs.
(I) Identify experimental learning
opportunities for activity and program
participants to interact with operational
forces and better understand national security
challenges.
(J) Participate in exchanges and partnerships
with Department of Defense science and
technology activities, as well as the science
and technology activities of other Federal
agencies.
(b) Consultation.--In carrying out subsection (a), the
Secretary of Defense may consult with the heads of such Federal
agencies, universities, and public and private entities engaged
in the development of advanced technologies, as well as in the
validation of problems and adoption of solutions in response to
national security challenges, as the Secretary of Defense
determines to be appropriate.
(c) Authorities.--The Secretary of Defense may develop and
maintain metrics to assess national security and public service
innovation programs and activities to ensure standards for
programs supported under subsection (a) are consistent and
being met.
(d) Participation by Federal Employees and Members of the
Armed Forces.--The Secretary of Defense shall encourage Federal
employees and members of the Armed Forces through the service
secretaries and service chiefs and their counterparts in
agencies associated with the programs specified in subsection
(e) to participate in the H4NSPSI program in order to gain
exposure to modern innovation and entrepreneurial
methodologies.
(e) Coordination.--In carrying out this section, the
Secretary of Defense shall consider coordinating and partnering
with activities and organizations involved in the following:
(1) Hacking for Defense.
(2) Hacking for Homeland Security.
(3) Hacking for Diplomacy.
(4) Hacking for Space.
(5) Hacking for Manufacturing.
----------
185. An Amendment To Be Offered by Representative Hudson of North
Carolina 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 DEVELOPMENT OF MEASURES TO PREVENT INFECTIONS
CAUSED BY SEVERE FRACTURES.
(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,
medical advanced technology (PE 0603002A), line 027, is hereby
increased by $5,000,000 (with the amount of such increase to be
used to support the development of procedures and tools to
prevent infections in members of the Armed Forces who
experience severe bone fractures).
(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 administration and service-wide
activities, Office of the Secretary of Defense, line 440, is
hereby reduced by $5,000,000.
----------
186. An Amendment To Be Offered by Representative Hudson of North
Carolina 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 RESEARCH INTO THE EFFECTS OF HEAD-SUPPORTED MASS
ON CERVICAL SPINE HEALTH.
(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,
medical advanced technology (PE 0603002A), line 027, is hereby
increased by $5,000,000 (with the amount of such increase to be
used to support the advancement of research into the effects of
head-supported mass on cervical spine health).
(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 administration and service-wide
activities, Office of the Secretary of Defense, line 440, is
hereby reduced by $5,000,000.
----------
187. An Amendment To Be Offered by Representative Issa of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle I of title V, insert the following:
SEC. 5__. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO E. ROYCE
WILLIAMS FOR ACTS OF VALOR DURING THE KOREAN WAR.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 8298 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President may award the Medal of Honor under
section 8291 of such title to E. Royce Williams for the acts of
valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor described in
this subsection are the actions of E. Royce Williams, as a
lieutenant in the Navy, on November 18, 1952, for which he was
previously awarded the Silver Star.
----------
188. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G 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.
----------
189. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title XXVIII, add the following
new section:
SEC. 28__. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO PROVIDE
SURVIVORS OF NATURAL DISASTERS WITH EMERGENCY
SHORT-TERM HOUSING.
Not later than 220 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report analyzing the
capacity of the Department of Defense to provide survivors of
natural disasters with emergency short-term housing.
----------
190. 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.
----------
191. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D 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.
----------
192. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XIII the following:
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.
----------
193. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
Add at the end of title XIII the following:
SEC. 13__. REPORT ON EFFORTS TO COMBAT BOKO HARAM IN NIGERIA AND THE
LAKE CHAD BASIN.
(a) Statement of Congress.--Congress--
(1) strongly condemns the ongoing violence and the
systematic gross human rights violations against the
people of Nigeria and the Lake Chad Basin carried out
by Boko Haram;
(2) expresses its support for the people of Nigeria
and the Lake Chad Basin who wish to live in a peaceful,
economically prosperous, and democratic region; and
(3) calls on the President to support Nigerian, Lake
Chad Basin, and international community efforts to
ensure accountability for crimes against humanity
committed by Boko Haram against the people of Nigeria
and the Lake Chad Basin, particularly the young girls
kidnapped from Chibok and other internally displaced
persons affected by the actions of Boko Haram.
(b) Report.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
State, in consultation with the Secretary of Defense
and the Attorney General, shall submit to the
congressional defense committees, the Committee on
Foreign Affairs and the Committee on the Judiciary of
the House of Representatives, and the Committee on
Foreign Relations and the Committee on the Judiciary of
the Senate a report on efforts to combat Boko Haram in
Nigeria and the Lake Chad Basin.
(2) Elements.--The report required under paragraph
(1) shall include the following elements:
(A) A description of initiatives undertaken
by the Department of State and the Department
of Defense to assist the Government of Nigeria
and countries in the Lake Chad Basin to combat
Boko Haram.
(B) A description of United States activities
to enhance the capacity of Nigeria and
countries in the Lake Chad Basin to investigate
and prosecute human rights violations
perpetrated against the people of Nigeria and
the Lake Chad Basin by Boko Haram, al-Qaeda
affiliates, and other terrorist organizations,
in order to promote respect for rule of law in
Nigeria and the Lake Chad Basin.
----------
194. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following:
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.
----------
195. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title V, add the following new
section:
SEC. 5__. REVIEW AND REPORT ON ADMINISTRATION OF SEXUAL HARASSMENT
CLAIMS.
(a) Review.--The Secretary of Defense shall review the
practices of the Department of Defense pertaining to the
administration of sexual harassment claims. As part of the
review, the Secretary shall--
(1) assess the efforts of the Department to prevent
sexual harassment and protect members of the Armed
Forces who submit sexual harassment claims; and
(2) compile data and research on the prevalence of
sexual harassment in the military, including--
(A) the number of sexual harassment incidents
reported;
(B) the number and percentage of such reports
that resulted in the initiation of legal
proceedings against the alleged perpetrator;
and
(C) the number and percentage of such cases
leading to convictions or other adverse action
against the alleged perpetrator.
(b) 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 results of
the review conducted under subsection (a).
----------
196. 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 X, insert the following:
SEC. 10__. REPORT ON PROTECTION OF MEMBERS OF THE ARMED FORCES FROM
RUSSIAN-SPONSORED ARMED ATTACKS.
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 actions taken to protect members of the Armed
Forces of the United States from armed attacks conducted by
militants and terrorists in pursuit of bounties and inducements
the agencies, organizations, or entities aligned with the
Russian Federation.
----------
197. 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 X, insert the following:
SEC. 10__. REPORT ON DESALINIZATION TECHNOLOGY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on the application of
desalinization technology for defense and national security
purposes to provide drought relief to areas affected by sharp
declines in water resources.
----------
198. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
Page 227, after line 22, insert the following:
SEC. 389. REVIVAL OF REPORT ON NON-FEDERALIZED NATIONAL GUARD
PERSONNEL, TRAINING, AND EQUIPMENT REQUIREMENTS.
Section 10504(c)(1) of title 10, United States Code, is
amended by striking ``years 2018 through 2020'' and inserting
``years 2023 through 2025''
----------
199. 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.
----------
200. An Amendment To Be Offered by Representative Jackson of Texas or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXXI, add the following:
SEC. 31__. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR MODIFIED
NUCLEAR WEAPONS.
(a) Activities Covered.--Subsection (a)(2) of section 4209 of
the Atomic Energy Defense Act (50 U.S.C. 2529) is amended by
striking ``research and development which could lead to the
production'' both places it appears and inserting ``research
and development for the production''.
(b) Modification to Funding Request Format.--Subsection
(b)(1) of such section is amended by striking ``, or any
concept work prior to phase 1 or 6.1 (as the case may be),''.
(c) Exceptions.--Subsection (c) of such section is amended to
read as follows:
``(c) Exceptions.--Subsection (a) shall not apply to funds
for purposes of conducting, or providing for the conduct of,
any of the following:
``(1) Research and development, or manufacturing and
engineering, determined by the Secretary to be
necessary to address proliferation concerns.
``(2) Research and development for exploratory
concept work relating to nuclear weapons.''.
----------
201. An Amendment To Be Offered by Representative Jacobs of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII, add the following new
section:
SEC. 12__. ASSESSMENT, MONITORING, AND EVALUATION OF PROGRAMS AND
ACTIVITIES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives a
report on the processes that the Department of Defense uses to
assess, monitor, and evaluate programs and activities under
section 127e of title 10, United States Code, and section 1202
of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1639). The report shall include--
(1) an evaluation of the efficiency and effectiveness
of such programs and activities in achieving desired
outcomes;
(2) identification of lessons learned and best
practices in carrying out such programs and activities;
and
(3) an explanation of the extent to which such
lessons are used to improve future programs and
activities carried out under such authorities of the
Department of Defense.
----------
202. An Amendment To Be Offered by Representative Jacobs of California
or Her Designee, Debatable for 10 Minutes
At the appropriate place in subtitle B of title XIII, insert
the following:
SEC. __. CHIEF OF MISSION CONCURRENCE.
The Secretary of Defense, in coordination with the Secretary
of State, shall submit to the Committees on Armed Services of
the House of Representatives and the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report outlining
the process by which chief of mission concurrence is obtained
for Department of Defense clandestine activities under section
127(f) of title 10, United States Code.
----------
203. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title VIII, insert the following
new section:
SEC. 8__. MANUFACTURING OF INSULIN.
(a) Manufacturing of Insulin.--For the purposes of
manufacturing insulin for use under the military health system,
including under the TRICARE program, the Secretary of Defense
may--
(1) select one or more Government-owned, contractor-
operated facilities to manufacture insulin;
(2) use existing pharmaceutical manufacturing
facilities of the Department of Defense to produce
insulin; or
(3) establish new pharmaceutical manufacturing
facilities to produce insulin.
(b) Sale.--Any insulin manufactured under the authority of
this section may be provided at a price not to exceed the cost
to manufacture and distribute the insulin.
----------
204. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XII the following new
section:
SEC. 1236. REPORT ON RISK OF NUCLEAR WAR IN UKRAINE.
(a) In General.--The Secretary of Defense Department shall
provide Congress with a risk assessment on the likelihood of
the use of a nuclear weapon as a result of the Russian invasion
of Ukraine and whether and by how much this risk increases the
longer that the war continues.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
----------
205. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title XII the following new
section:
SEC. 1236. REPORT ON DISTRIBUTION AND USE OF WEAPONS IN UKRAINE.
(a) In General.--The Secretary of Defense shall submit a
report to Congress describing--
(1) the distribution and use of United States
weaponry provided to the Ukrainian military including
compliance with United States law, including those
prohibiting such weaponry from being provided to
extremist groups; and
(2) any efforts underway to prevent the illicit
distribution or use of such weapons and the
effectiveness of any such efforts.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
----------
206. An Amendment To Be Offered by Representative Johnson of South
Dakota or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SEC. 5__. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES WITH
ENROLLMENT CHANGES DUE TO BASE CLOSURES, FORCE
STRUCTURE CHANGES, OR FORCE RELOCATIONS.
(a) Assistance Authorized.--To assist communities in making
adjustments resulting from changes in the size or location of
the Armed Forces, the Secretary of Defense shall provide
financial assistance to an eligible local educational agency
described in subsection (b) if, during the period between the
end of the school year preceding the fiscal year for which the
assistance is authorized and the beginning of the school year
immediately preceding that school year, the local educational
agency--
(1) had (as determined by the Secretary of Defense in
consultation with the Secretary of Education) an
overall increase or reduction of--
(A) not less than five percent in the average
daily attendance of military dependent students
in the schools of the local educational agency;
or
(B) not less than 500 military dependent
students in average daily attendance in the
schools of the local educational agency; or
(2) is projected to have an overall increase, between
fiscal years 2023 and 2028, of not less than 500
military dependent students in average daily attendance
in the schools of the local educational agency as the
result of a signed record of decision.
(b) Eligible Local Educational Agencies.--A local educational
agency is eligible for assistance under subsection (a) for a
fiscal year if--
(1) 20 percent or more of students enrolled in
schools of the local educational agency are military
dependent students; and
(2) in the case of assistance described in subsection
(a)(1), the overall increase or reduction in military
dependent students in schools of the local educational
agency is the result of one or more of the following:
(A) The global rebasing plan of the
Department of Defense.
(B) The official creation or activation of
one or more new military units.
(C) The realignment of forces as a result of
the base closure process.
(D) A change in the number of housing units
on a military installation.
(E) A signed record of decision.
(c) Calculation of Amount of Assistance.--
(1) Pro rata distribution.--The amount of the
assistance provided under subsection (a) to a local
educational agency that is eligible for such assistance
for a fiscal year shall be equal to the product
obtained by multiplying--
(A) the per-student rate determined under
paragraph (2) for that fiscal year; by
(B) the net of the overall increases and
reductions in the number of military dependent
students in schools of the local educational
agency, as determined under subsection (a).
(2) Per-student rate.--For purposes of paragraph
(1)(A), the per-student rate for a fiscal year shall be
equal to the dollar amount obtained by dividing--
(A) the total amount of funds made available
for that fiscal year to provide assistance
under subsection (a); by
(B) the sum of the overall increases and
reductions in the number of military dependent
students in schools of all eligible local
educational agencies for that fiscal year under
that subsection.
(3) Maximum amount of assistance.--A local
educational agency may not receive more than
$15,000,000 in assistance under subsection (a) for any
fiscal year.
(d) Duration.--Assistance may not be provided under
subsection (a) after September 30, 2028.
(e) Notification.--Not later than June 30, 2023, and June 30
of each fiscal year thereafter for which funds are made
available to carry out this section, the Secretary of Defense
shall notify each local educational agency that is eligible for
assistance under subsection (a) for that fiscal year of--
(1) the eligibility of the local educational agency
for the assistance; and
(2) the amount of the assistance for which the local
educational agency is eligible.
(f) Disbursement of Funds.--The Secretary of Defense shall
disburse assistance made available under subsection (a) for a
fiscal year not later than 30 days after the date on which
notification to the eligible local educational agencies is
provided pursuant to subsection (e) for that fiscal year.
(g) Briefing Required.--Not later than March 1, 2023, the
Secretary of Defense shall brief the Committees on Armed
Services of the Senate and the House of Representatives on the
estimated cost of providing assistance to local educational
agencies under subsection (a) through September 30, 2028.
(h) Eligible Uses.--Amounts disbursed to a local education
agency under subsection (f) may be used by such local
educational agency for--
(1) general fund purposes;
(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(i) Funding.--
(1) 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, Department of
Defense Education Activity, Line 390, as specified in
the corresponding funding table in section 4301, is
hereby increased by $15,000,000 for purposes of 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, Defense-wide, for Washington Headquarters
Services, Line 500, as specified in the corresponding
funding table in section 4301, is hereby reduced by
$15,000,000.
(j) Definitions.--In this section:
(1) Base closure process.--The term ``base closure
process'' means any base closure and realignment
process conducted after the date of the enactment of
this Act under section 2687 of title 10, United States
Code, or any other similar law enacted after that date.
(2) Local educational agency.--The term ``local
educational agency'' has the meaning given that term in
section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
(3) Military dependent students.--The term ``military
dependent students'' means--
(A) elementary and secondary school students
who are dependents of members of the Armed
Forces; and
(B) elementary and secondary school students
who are dependents of civilian employees of the
Department of Defense.
(4) State.--The term ``State'' means each of the 50
States and the District of Columbia.
----------
207. An Amendment To Be Offered by Representative Jones of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title III, add the following:
SEC. 3__. PROGRAMS OF MILITARY DEPARTMENTS ON REDUCTION OF FUEL
RELIANCE AND PROMOTION OF ENERGY-AWARE BEHAVIORS.
(a) Establishment.--Subchapter III of chapter 173 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2928. Programs on reduction of fuel reliance and promotion of
energy-aware behaviors
``(a) Establishment.--Each Secretary of a military department
shall establish a program for the promotion of energy-aware
behaviors within that military department and the reduction of
unnecessary fuel consumption in support of the goals under
subsection (b).
``(b) Goals.--The goals of the programs established under
subsection (a) shall be as follows:
``(1) To reduce the reliance of the Department of
Defense on fossil fuels.
``(2) To decrease energy-related strategic
vulnerabilities and enhance military readiness.
``(3) To integrate sustainability features for new
and existing military installations and other
facilities of the Department.
``(c) Minimum Required Elements.--Under the program of a
military department under subsection (a), the Secretary of such
military department shall carry out, with respect to the
military department, and at a minimum, the following:
``(1) The development and implementation of a
strategy for the collection and analysis of data on
fuel consumption, to identify operational
inefficiencies and enable data-driven decision-making
with respect to the reduction of fuel consumption and
fuel logistics.
``(2) The fostering of an energy-aware culture across
the military department to reduce fuel consumption,
including through--
``(A) the provision of educational and
training materials, including such materials
that provide information on the importance of
operational energy security and energy-aware
behavior for military readiness and combat
capability; and
``(B) the pursuit of relevant research
opportunities with civilian institutions of
higher education and postsecondary educational
institutions within the Department of Defense.
``(3) The integration of operational energy factors
into the wargaming of the military department and other
related training activities that involve the modeling
of scenarios, in accordance with subsection (d), to
provide to participants in such activities realistic
data on the risks and challenges relating to
operational energy and fuel logistics.
``(4) The implementation of data-driven operations
planning and logistics, to optimize cargo transport,
streamline operations, and reduce fuel demand and
reliance within the military department.
``(d) Wargaming Elements.--In integrating operational energy
factors into the wargaming and related training activities of a
military department under subsection (c)(4), the Secretary of
the military department shall seek to ensure that the planning,
design, and execution of such activities include--
``(1) coordination with the elements of the military
department responsible for fuel and logistics matters,
to ensure the modeling of energy demand and network
risk during such activities are accurate, taking into
account shortfalls and the direct and indirect effects
of the efforts of foreign adversaries to target fuel
supply chains; and
``(2) a focus on improving integrated life-cycle
management processes and fuel supply logistics.''.
(b) Deadline for Establishment.--The programs required under
section 2928 of title 10, United States Code, as added by
subsection (a), shall be established by not later than 180 days
after the date of the enactment of this Act.
(c) Briefing.--Not later than 180 days after the date of
enactment of this Act, each Secretary of a military department
shall provide to the congressional defense committees a
briefing on the establishment of the program of the military
department required under such section 2928.
----------
208. An Amendment To Be Offered by Representative Joyce of Ohio or His
Designee, Debatable for 10 Minutes
At the end of subtitle F of title VIII, add the following:
SEC. 8__. NEED FOR DEVELOPMENT AND ACQUISITION OF NATURAL RUBBER FROM
DOMESTIC HERBACIOUS PLANT SOURCES.
(a) Report Required.--Not later than 120 days after the date
of enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the Under
Secretary of Defense for Research and Engineering and the
Assistant Secretary of Defense for Industrial Policy, shall
submit to the congressional defense committees a plan for
future investment by the Department of Defense in the
development, testing, and evaluation of domestic natural rubber
from herbaceous plants for military applications, including a
timeline for acquiring critical defense components and products
using natural rubber from domestic sources.
(b) Contents.--The plan submitted under subsection (a) shall
include the following:
(1) An unclassified assessment of the direct and
indirect influence of China on the commercial
availability of natural rubber, including the effects
on national security and the long-term implications for
the defense supply chain, specifically for military
aircraft and vehicle tires.
(2) An overview of the current investment of the
Department of Defense in domestic natural rubber
production and the plans of the Department for scaling
and expanding such production to offset one percent of
the annual importation of natural rubber into the
United States.
(3) A plan to provide additional funding for the
initiatives identified in paragraph (2) to achieve
fielding of products and components with natural rubber
from domestic sources not later than the end of fiscal
year 2027.
(4) A strategy of United States-based rubber industry
partners and component manufacturers for collaboration,
codevelopment, and joint interest.
(5) A detailed description of the policies,
procedures, budgets, and accelerated acquisition and
contracting mechanisms of the Department of Defense for
near-term insertion of domestic natural rubber content
to test and evaluate performance of natural rubber from
domestic sources for tactical aircraft performance.
----------
209. 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. 5__. 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.
----------
210. An Amendment To Be Offered by Representative Khanna of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title III, insert the following
new section:
SEC. 3__. USE OF AMOUNTS AVAILABLE TO DEPARTMENT OF DEFENSE FOR
OPERATION AND MAINTENANCE FOR REMOVAL OF MUNITIONS
AND EXPLOSIVES OF CONCERN IN GUAM.
(a) In General.--The Secretary of Defense may use amounts
available to the Department of Defense for operation and
maintenance to remove munitions and explosives of concern from
military installations in Guam.
(b) Monitoring of Removal.--The Secretary shall monitor and
assess the removal by the Department of munitions and
explosives of concern from military installations in Guam and
shall constantly update processes for such removal to mitigate
any issues relating to such removal.
(c) Report on Amounts Necessary.--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 indicating the amounts necessary to conduct removal of
munitions and explosives of concern from military installations
in Guam.
(d) Definition.--In this section, the term ``munitions and
explosives of concern'' has the meaning given that term in
section 179.3 of title 32, Code of Federal Regulations, or
successor regulations.
----------
211. An Amendment To Be Offered by Representative Khanna of California
or His Designee, Debatable for 10 Minutes
Page 971, strike lines 1 through 8, and insert the following
new subparagraphs (and redesignate the subsequent subparagraph
accordingly):
(F) An identification of any challenges in
establishing an integrated air and missile
defense architecture with specified foreign
partners, including assessments of the capacity
of specified foreign partners to--
(i) rapidly share and respond to
intelligence on ballistic and cruise
missiles, manned and unmanned aerial
systems, and rocket attacks from Iran,
and their ability to develop such
capacity independent of direct United
States support and oversight;
(ii) independently operate key
technical components of such an
architecture, including satellite
sensors, ground- or sea-based radars,
and interceptors; and
(iii) operate command and control
centers directing the operation of such
an architecture.
(G) An assessment of the overall cost to the
United States for providing support for the
establishment and sustainment of such an
architecture over 5 and 10-year periods.
(H) A description of relevant coordination
with the Secretary of State and the ways in
which such an architecture advances United
States regional diplomatic goals and
objectives.
----------
212. An Amendment To Be Offered by Representative Kildee of Michigan or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title X the following new
section:
SEC. 10__. SENSE OF CONGRESS RELATING TO ENLISTED PERSONNEL
SUBSISTENCE.
It is the sense of Congress that the Secretary of Defense
should establish clear and consistent definitions of key terms
for use in reporting budgetary and financial information
related to enlisted personnel subsistence. This information
should be provided to Congress as part of the Department of
Defense budget justification materials relating to military
personnel.
----------
213. An Amendment To Be Offered by Representative Kildee of Michigan or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title X the following new
section:
SEC. 10__. SENSE OF CONGRESS RELATING TO THE CORRECTIVE ACTION PLANS
REVIEW PROCESS.
It is the sense of Congress that the Deputy Chief Financial
Officer should incorporate appropriate steps to improve its
corrective action plans review process, including notices of
findings and recommendations are appropriately linked to the
correct corrective action plans to address such notices. The
Deputy Chief Financial Officer should also update Department of
Defense guidance to instruct the Department and components of
the Department to document root cause analysis when needed to
address deficiencies auditors identified. The Deputy Chief
Financial Officer must provide a briefing to the relevant
congressional committees on the efforts of the Department of
Defense to link notices of findings and recommendations with
the correct corrective action plans.
----------
214. An Amendment To Be Offered by Representative Kildee of Michigan or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title X the following new
section:
SEC. 10__. SENSE OF CONGRESS RELATING TO THE FRAUD REDUCTION TASK
FORCE.
It is the sense of Congress that the Deputy Chief Financial
Officer should ensure that the Secretary of Defense designates
all representatives to the Fraud Reduction Task Force as
quickly as possible.
----------
215. An Amendment To Be Offered by Representative Kilmer of Washington
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. PARTICIPATION IN FEDERAL TRANSPORTATION INCENTIVE PROGRAM.
The Secretary of Navy shall coordinate with the Secretary of
Transportation and public shipyards to increase participation
in the Federal Transportation Incentive Program by--
(1) identifying current challenges in the Program
structure; and
(2) implementing modifications that would reduce
impediments to use and provide incentives for increased
use by Federal employees.
----------
216. An Amendment To Be Offered by Representative Kinzinger of Illinois
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title I, add the following new
section:
SEC. 1__. REQUIREMENT TO MAINTAIN FLEET OF MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT.
(a) Manned Intelligence, Surveillance, and Reconnaissance
Aircraft.--
(1) In general.--The Secretary of the Air Force, in
coordination with Director of the Air National Guard,
shall maintain a fleet of fixed wing, manned ISR/IAA
aircraft to conduct operations pursuant to the
provisions of law specified in paragraph (2).
(2) Provisions specified.--The provisions of law
specified in this paragraph are the following:
(A) Sections 124 and 284 of title 10, United
States Code.
(B) Section 112 of title 32, United States
Code.
(C) Section 1022 of the National Defense
Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 10 U.S.C. 271 note).
(b) Limitation.--
(1) In general.--Except as provided in paragraph (2),
none of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023
for the Air Force may be obligated or expended to
retire, divest, realign, or placed 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.
(2) Exception.--
(A) In general.--The limitation in paragraph
(1) shall not apply to individual RC-26
aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no
longer mission capable because of a Class A
mishap.
(B) Certification required.--If the Secretary
of the Air Force determines under subparagraph
(A) that an aircraft is no longer mission
capable, the Secretary shall submit to the
congressional defense committees a
certification that the status of such aircraft
is due to a Class A mishap and not due to lack
of maintenance or repairs or other reasons.
(c) Funding for RC-26B Manned Intelligence, Surveillance, and
Reconnaissance Platform.--
(1) Of the amount authorized to be appropriated in
section 301 for operation and maintenance as specified
in the corresponding funding in section 4301, for
operation and maintenance, Air National Guard, the
Secretary of the Air Force shall transfer up to
$18,500,000 for the purposes of the RC-26B manned
intelligence, surveillance, and reconnaissance
platform.
(2) Of the amount authorized to be appropriated in
section 421 for military personnel, as specified in the
corresponding finding table in section 4401, the
Secretary of the Air Force shall transfer up to
$13,000,000 from military personnel, Air National Guard
for personnel who operate and maintain the RC-26B
manned intelligence, surveillance, and reconnaissance
platform.
(d) Memorandum 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 Federal entities for the purposes of assisting with the
missions and activities of such entities.
(e) Independent Assessment.--Not later than 30 days after the
date of the enactment of this Act, the Director of Cost
Assessment and Program Evaluation shall conduct an independent
assessment to determine how the Air Force can--
(1) provide manned ISR/IAA capabilities for the
purposes of conducting operations pursuant to the
provisions of law specified in subsection (a)(2); and
(2) maintain and modernize the manned ISR/IAA
aircraft fleet over the period of ten years following
the date of the enactment of this Act.
(f) Comptroller General Study.--
(1) Study.--The Comptroller General of the United
States shall conduct an independent study of the
platforms used to conduct title 32 operations by manned
ISR/IAA aircraft in light of the proposal of the Air
Force to retire and divest the RC-26B aircraft fleet.
(2) Briefing.--Not later than September 31, 2023, the
Comptroller General shall provide to the congressional
defense committees a briefing on the preliminary
findings of the study under paragraph (1). The briefing
shall include an assessment of--
(A) the alternatives considered by the Air
Force that led to the recommendation to retire
the RC-26B aircraft, including the relative
costs, benefits, and assumptions associated
with the alternatives to such retirement;
(B) any capability gaps in manned ISR/IAA
that would be created by such retirement;
(C) the extent to which the Department of
Defense has plans to address any capability
gaps identified under subparagraph (B); and
(D) any capability gaps in manned ISR/IAA
that could be created by the added cost to the
Air Force of retaining the RC-26B fleet.
(3) Report.--As soon as practicable after the date of
the briefing under paragraph (2), the Comptroller
General shall submit to the congressional defense
committees a report on the final results of the study
conducted under paragraph (1).
(g) ISR/IAA Defined.--In this section, the term ``ISR/IAA''
means--
(1) intelligence, surveillance, and reconnaissance;
and
(2) incident awareness and assessment.
----------
217. An Amendment To Be Offered by Representative Kirkpatrick of
Arizona or Her Designee, Debatable for 10 Minutes
At the end of subtitle H of title III, insert the following
new section:
SEC. 3__. FUNDING FOR UTILITY HELICOPTER MODS.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for Aircraft Procurement, Army, as
specified in the corresponding funding table in section 4101,
for Utility Helicopter Mods, Line 026, is hereby increased by
$10,000,000 for 60kVA Generators.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operations and Maintenance,
Army, as specified in the corresponding funding table in
section 4301, for Other Service Support, Line 490, is hereby
reduced by $10,000,000.
----------
218. An Amendment To Be Offered by Representative Kirkpatrick of
Arizona or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. REPORT ON POTENTIAL FOR INCREASED UTILIZATION OF THE
ELECTRONIC PROVING GROUNDS TESTING RANGE.
(a) Findings.--Congress finds the following:
(1) The Electronic Proving Grounds located at Fort
Huachuca, Arizona is unique within the Department of
Defense because of its naturally quiet electromagnetic
environment, its specialized facilities, its close
relationship with the Army training community, and its
access to the expansive real-estate of southern
Arizona.
(2) The Electronic Proving Grounds has access to
70,000 acres at Ft. Huachuca, 23,000 acres on Wilcox
Dry Lake, more than 100,000 acres at Gila Bend, and
with prior coordination, approximately 62 million acres
of Federal and State-owned land.
(3) Live electronic warfare training is not possible
at the majority of military installations in the
continental United States including the National
Training Center.
(4) The Electronic Proving Grounds has the capacity
to handle additional testing as well as the capability
for realistic electronic warfare training
(b) Report Required.--Not later than February 1, 2023, the
Secretary of the Army shall submit to the congressional defense
committees a report on the Electronic Proving Grounds testing
range located at Fort Huachuca, Arizona.
(c) Elements.--The report under subsection (b) shall
address--
(1) the amount and types of testing activities
conducted at the Electronic Proving Grounds testing
range;
(2) any shortfalls in the facilities and equipment of
the range;
(3) the capacity of the range to be used for
additional testing activities;
(4) the possibility of using the range for the
testing activities of other Armed Forces, Federal
agencies, and domestic companies;
(5) the capacity of the range to be used for
realistic electronic warfare training;
(6) electronic warfare training restrictions at
domestic military installations generally; and
(7) the feasibility and advisability of providing a
dedicated training area for electronic warfare units.
(d) Coordination.--In preparing the report under subsection
(b), the Secretary of the Army shall coordinate with the
following:
(1) The Director of Operational Test and Evaluation
of the Department of Defense.
(2) The governments of Cochise County and Sierra
Vista, Arizona.
----------
219. An Amendment To Be Offered by Representative Kuster of New
Hampshire or Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. REVIEW AND REPORT ON THE DEFINITION OF CONSENT FOR PURPOSES
OF THE OFFENSES OF RAPE AND SEXUAL ASSAULT UNDER
THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Evaluation and Review.--Not later than 30 days after the
date of the enactment of this Act, the Joint Service Committee
on Military Justice shall commission a comprehensive evaluation
and review of the definition of consent, as set forth in
section 920(g)(7) of title 10, United States Code (article
120(g)(7) of the Uniform Code of Military Justice).
(b) Elements.--The review and evaluation conducted under
subsection (a) shall assess how the definition of consent set
forth in section 920(g)(7) of title 10, United States Code
(article 120(g)(7) of the Uniform Code of Military Justice) can
be--
(1) expanded to require knowledgeable and informed
agreement, freely entered into, without any malicious
factors or influences such as force, coercion, fear,
fraud or false identity, or exploitation of a person's
incapacity;
(2) enhanced through consultation with other
recognized standards for the definition of such term;
and
(3) clarified to state clearly that--
(A) the circumstances surrounding an incident
of sexual contact are irrelevant when malicious
factors induced compliance;
(B) consent for a sexual act does not
constitute consent for all sexual acts; and
(C) consent is revocable by either party
during sexual conduct.
(c) Report.--Not later than 180 days after the commencement
of the evaluation and review under subsection (a), the Joint
Service Committee on Military Justice shall submit to the
congressional defense committees a report on the results of the
evaluation and review.
----------
220. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XVI, add the following:
SEC. 16__. FUNDING FOR RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL
NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED URANIUM.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by this title for the National Nuclear Security
Administration, as specified in the corresponding funding table
in section 4701, for Defense Nuclear Nonproliferation, Defense
Nuclear Nonproliferation R&D is hereby increased by $20,000,000
for the purpose of LEU Research and Development for Naval
Pressurized Water Reactors.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated by this title for the National Nuclear Security
Administration, as specified in the corresponding funding table
in section 4701, for Defense Nuclear Nonproliferation is hereby
reduced--
(1) by $10,000,000 for the amount for nuclear
smuggling detection and deterrence; and
(2) by $10,000,000 for the amount for nuclear
detonation detection.
----------
221. An Amendment To Be Offered by Representative Larsen of Washington
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8__. REPORT AND MODIFICATION TO THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Modification to the National Technology and Industrial
Base.--Section 4801(1) of title 10, United States Code, is
amended by inserting ``New Zealand,'' after ``Australia,''.
(b) Report Required.--Not later than March 1, 2023, the
Secretary of Defense (or a designee) shall brief the Committees
on Armed Services of the House of Representatives and the
Senate on integration of the national technology and industrial
base (as defined in section 4801 of title 10, United States
Code). The report shall include, at a minimum, the following
elements:
(1) Progress towards implementation of the plan to
increase integration of the national technology and
industrial base developed pursuant to section 881(a) of
the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 10 U.S.C. 2501 note).
(2) Examples of successful cross border integration
under the national technology and industrial base that
has enhanced national security and reduced barriers to
collaboration.
(3) Recommendations for improving the integration of
the national technology and industrial base.
----------
222. An Amendment To Be Offered by Representative Larsen of Washington
or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle A of title XIII, insert
the following:
SEC. __. ADDITION TO NEXT ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING CHINA.
The Secretary of Defense shall include, in the next report
submitted on or before March 1, 2023, to fulfill the
requirements under section 1202 of the National Defense
Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note), a
robust analysis of developments in both the Space Systems
Department and the Network Systems Department of the Strategic
Support Force of China.
----------
223. An Amendment To Be Offered by Representative Larsen of Washington
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title IX, add the following new
section:
SEC. 9__. SENSE OF CONGRESS ON THE ELECTROMAGNETIC SPECTRUM SUPERIORITY
STRATEGY.
It is the sense of Congress that--
(1) the Department of Defense released the
Electromagnetic Spectrum Superiority Strategy (October
2020) and an Implementation Plan for such strategy
(August 2021);
(2) the purpose of the Electromagnetic Spectrum
Superiority Strategy is to align electromagnetic
spectrum activities across the Department of Defense to
solve persistent gaps in the ability of the United
States to project, achieve, and sustain electromagnetic
spectrum superiority against adversaries and peer
competitors, most notably Russia and People's Republic
of China;
(3) a goal of the Electromagnetic Spectrum
Superiority Strategy is to ``Establish Effective EMS
Governance'' to unify Department of Defense-wide
electromagnetic spectrum enterprise activities, develop
a continuous process improvement culture, and promote
policies that support Department of Defense
electromagnetic spectrum capabilities and operations;
(4) electromagnetic spectrum superiority underpins
each of the four priorities of the 2022 National
Defense Strategy of the Department of Defense;
(5) the projecting, achievement, and sustainment of
electromagnetic spectrum superiority is inherently a
joint operational mission that is fundamental to the
success of military missions carried out by the United
States and its allies across all warfighting domains;
(6) electromagnetic spectrum operations leadership in
the Pentagon must be consolidated and unambiguous to
address persistent gaps in coordination of joint
electronic warfare among the services and fragmentation
in guidance from leadership in the Department of
Defense; and
(7) the Secretary of Defense--
(A) should provide to Congress an
unclassified version of the Implementation Plan
for the Electromagnetic Spectrum Superiority
Strategy in all future updates to the plan; and
(B) as part of implementing the
Electromagnetic Spectrum Superiority Strategy,
should--
(i) strengthen governance reforms to
ensure necessary senior operational
leadership; and
(ii) provide a coherent response to
persistent gaps in joint
electromagnetic spectrum operations
across the areas of Doctrine,
Organization, Training, Materiel,
Leadership, Personnel, Facilities and
Policy (DOTMLPF-P);
----------
224. An Amendment To Be Offered by Representative Lawrence of Michigan
or Her Designee, Debatable for 10 Minutes
Page 149, line 9, insert ``, including wireless charging
technologies'' before the period at the end.
Page 150, after line 11, insert the following:
(10) The term ``wireless charging'' means the
charging of a battery by inductive charging or by any
means in which a battery is charged without a wire, or
plug-in wire, connecting the power source and battery.
----------
225. An Amendment To Be Offered by Representative Lawrence of Michigan
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, add the following:
SEC. 5__. 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.
----------
226. An Amendment To Be Offered by Representative Lawrence of Michigan
or Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, add the following:
SEC. 5__. REVIEW OF RECRUITING EFFORTS FOR WOMEN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
evaluate the effectiveness and scale of existing outreach
programs, with the objective of creating new programs or
adjusting the existing programs to increase the recruitment of
women, including young women, for service in the Armed Forces.
(b) Report.--Not later than 365 days after the date of the
enactment of this Act, the Department shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report that includes--
(1) evaluations of existing marketing and recruitment
efforts to increase recruitment of women in the Armed
Forces; and
(2) recommendations on new initiatives, programs, or
practices to increase the recruitment of women in the
Armed Forces.
----------
227. An Amendment To Be Offered by Representative Lawrence of Michigan
or Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, add the following:
SEC. 5__. REPORT ON SUPPORT FOR PREGNANT MEMBERS.
The Secretary of Defense shall report to the Committees on
Armed Services of the Senate and House of Representatives a
summary of past, current, and future efforts to support
pregnant members of the Armed Forces, including--
(1) the number of pregnant members who served at
least one day of active duty in a calendar year;
(2) recommendations to improve efforts to support
pregnant members.
----------
228. An Amendment To Be Offered by Representative Lee of Nevada or Her
Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title VII the following:
SEC. 782. REPORT ON COORDINATION, DATA SHARING, AND EVALUATION EFFORTS
FOR SUICIDE PREVENTION.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of Health and Human Services and the Secretary of
Veterans Affairs, shall submit to each congressional committee
with jurisdiction over the Department of Defense, the
Department of Veterans Affairs, and the Department of Health
and Human Services, a report on the coordination, data sharing,
and evaluation efforts on suicide prevention across these
departments. The report shall include:
(1) An overview of the functioning and core findings
of the Interagency Task Force on Military and Veterans
Mental Health since its creation in 2012.
(2) An accounting of the funding each Department has
obligated towards suicide prevention related research.
(3) An outline of methods of comparing programs and
sharing best practices for suicide prevention by each
Department.
(4) An outline of the work to actively develop and
improve joint suicide prevention practices based on
information compiled and shared by each Department.
(5) An outline of the plan each Department has to
achieve greater government efficiency and cross-agency
coordination, data sharing, and evaluation in Federal
suicide prevention efforts, in line with Priority Goal
5 of the plan entitled, ``Reducing Military and Veteran
Suicide'', published by the White House in November
2021.
(6) Any other information the Secretary of Defense,
Secretary of Health and Human Services, or the
Secretary of Veterans Affairs determines to be
appropriate.
----------
229. An Amendment To Be Offered by Representative Lee of Nevada or Her
Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title XXVIII the following:
SEC. 2862. DIRECTING THE SECRETARY OF DEFENSE TO DELIVER A BRIEFING ON
HOUSING WITH RESPECT TO JUNIOR MEMBERS OF THE ARMED
FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall deliver a briefing on
the housing realities, difficulties, and needs facing junior
members of the Armed Forces to the Committee on Armed Services
of the House of Representatives. The briefing shall include:
(1) An overview of the available on-base housing
stock, military services' and individual bases' housing
requirements and practices, as well as other possible
options for housing junior members of the Armed Forces.
(2) An outline of Department plans for identifying
installations with a shortage of on-base or off-base
housing for junior enlisted members of the Armed Forces
and plans to address any shortages in order to enable
bases to house their junior members of the Armed Forces
more productively, cost-effectively, and safely, with
an eye to quality of life and force readiness.
(3) Any other information the Secretary determines to
be relevant.
----------
230. An Amendment To Be Offered by Representative Leger Fernandez of
New Mexico or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXXI, add the following:
SEC. __. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF LAND IN NEW
MEXICO.
Section 3120 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (42 U.S.C. 2391 note) is
amended by striking ``2022'' each place that it appears and
inserting ``2032''.
----------
231. An Amendment To Be Offered by Representative Levin of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title V, insert the following:
SEC. 5__. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE TRANSITION
ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (E), by striking ``Disability''
and inserting ``Potential or confirmed disability'';
(2) in subparagraph (F), by striking ``Character''
and inserting ``Potential or confirmed character'';
(3) by redesignating subparagraph (M) as subparagraph
(R); and
(4) by inserting after subparagraph (L) the
following:
``(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).''.
----------
232. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle H of title III the following:
SEC. 389. SENSE OF CONGRESS REGARDING THE USE OF WORKING DOGS TO DETECT
EARLY STAGES OF DISEASES.
It is the sense of Congress that--
(1) the ongoing research effort conducted by the
Department of the Army, in partnership with the
University of Pennsylvania, titled Training Aid
Delivery Device 2.0 Training Support for COVID-19
Detection, is exploring the effectiveness of using
scent detection working dogs to detect the early stages
of diseases, including the coronavirus disease 2019
(COVID-19);
(2) this research effort will soon complete Phase 2
and has shown promising results, including an accuracy
rate of 89 percent in COVID-19 detection from t-shirt
samples; and
(3) it is important that the Department of Defense
funds Phase 3 of this research effort to determine
whether the use of working dogs is a feasible method of
responding to emerging disease threats in a low-cost,
low-burden, timely, and widely applicable manner.
----------
233. An Amendment To Be Offered by Representative Luria of Virginia or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title I, add the following new
section:
SEC. 1__. REPORT ON ADVANCE PROCUREMENT FOR CVN-82 AND CVN-83.
(a) Report.--Not later than February 1, 2023, the Secretary
of the Navy shall submit to the congressional defense
committees a report on the plan of the Navy for advance
procurement for the aircraft carriers designated CVN-82 and
CVN-83.
(b) Elements.--The report required by subsection (a) shall
include an assessment of--
(1) the value, cost, and feasibility of a two-year
advance procurement for a single aircraft carrier
acquisition strategy;
(2) the value, cost, and feasibility of a three-year
advance procurement for a single aircraft carrier
acquisition strategy;
(3) the value, cost, and feasibility of a two-year
advance procurement for a two aircraft carrier
acquisition strategy;
(4) the value, cost, and feasibility of a three-year
advance procurement for a two aircraft carrier
acquisition strategy; and
(5) the effect of a multiple carrier acquisition plan
on force development and fleet capability.
----------
234. An Amendment To Be Offered by Representative Luria of Virginia or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title X, insert the following:
SEC. 10__. REPORT ON EFFECTS OF MULTIPLE AWARD CONTRACT-MULTI ORDER
CONTRACTING.
(a) In General.--Not later than October 1, 2023, the
Secretary of the Navy shall submit to the congressional defense
committees a comprehensive report on the effects of Multiple
Award Contract-multi Order contracting (in this section
referred to as ``MAC-MO'') on battle force ship availability
and maintenance costs.
(b) Matters for Inclusion.--The report required by subsection
(a) shall include each of the following:
(1) An analysis plan for the MAC-MO strategy.
(2) Lessons learned from the MAC-MO strategy
implementation.
(3) A description of the effects of competition
opportunities following the shift to MAC-MO.
(4) An identification of best practices from the
previous Multi-ship Multi-Option strategy that have
been identified and applied to the MAC-MO strategy.
(5) An assessment of current perform-to-plan metrics
and how such metrics have influenced ongoing
contracting processes.
(6) An assessment of MAC-MO strategy on ship
maintenance availabilities.
(7) An assessment of ship maintenance workload
predictability under the MAC-MO strategy.
(8) An identification of any planned changes to
account for schedule delays.
(9) An assessment of possible maintenance delays due
to contract award processing that cross fiscal years.
----------
235. An Amendment To Be Offered by Representative Lynch of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 398, insert after line 17 (and conform the table of
contents accordingly):
SEC. 599. CLARIFICATION OF AUTHORITY TO SOLICIT GIFTS IN SUPPORT OF THE
MISSION OF THE DEFENSE POW/MIA ACCOUNTING AGENCY TO
ACCOUNT FOR MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES LISTED AS
MISSING.
Section 1501a of title 10, United States Code, is amended--
(1) in subsection (e)(1), by inserting ``solicit,''
after ``the Secretary may''; and
(2) in subsection (f)(2)--
(A) by inserting ``solicitation or'' after
``provide that''; and
(B) by striking ``acceptance or use'' and
inserting ``solicitation, acceptance, or use''.
----------
236. An Amendment To Be Offered by Representative Lynch of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title VIII the following new
section:
SEC. 8__. REESTABLISHMENT OF COMMISSION ON WARTIME CONTRACTING.
(a) 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.
(b) 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 the 2001 or
2002 Authorization for the Use of Military
Force.
``(C) Federal agency contracting for the
performance of security functions in countries
where coalition forces operate under the
authority of the 2001 or 2002 Authorization for
the Use of Military Force.''.
(c) Conforming Amendments.--Section 841 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 date of the
enactment of the National Defense Authorization
Act for Fiscal Year 2023''; and
(C) in paragraph (4), by striking ``was first
established'' each place it appears and
inserting ``was reestablished by the National
Defense Authorization Act for Fiscal Year
2023''; 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 National Defense
Authorization Act for Fiscal Year 2023''.
----------
237. 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 V, insert the following:
SEC. 5__. INTERAGENCY TASK FORCE TO PROTECT MEMBERS, VETERANS, AND
MILITARY FAMILIES FROM FINANCIAL FRAUD.
(a) Establishment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
establish an Interagency Task Force on Financial Fraud
targeting members of the Armed Forces and veterans (referred to
in this section as the ``Task Force'').
(b) Membership.--The Task Force established under this
section shall include representatives from the following:
(1) The Department of Defense.
(2) The Department of Veterans Affairs,
(3) The Federal Trade Commission.
(4) The Consumer Financial Protection Bureau.
(5) The Department of Justice.
(6) The Federal Communications Commission.
(7) The Postal Inspection Service.
(8) Three representatives, appointed by the Secretary
of Defense in consultation with the Secretary of the
Department of Veterans Affairs, of non-governmental
organizations (at least one of whom is a representative
of a veterans' service organization) with expertise in
identifying, preventing, and combatting financial fraud
targeting members of the Armed Forces, veterans, and
military families.
(c) Consultation.--The Task Force shall regularly consult
with the following:
(1) Members of the Armed Forces, veterans, and
members of military families that have been victims of
financial fraud.
(2) Relevant Federal agencies and departments that
are not represented on the Task Force.
(3) Other relevant public and private sector
stakeholders, including State and local law enforcement
agencies, financial services providers, technology
companies, and social media platforms.
(d) Meetings.--The Task Force shall not meet less frequently
than three times per calendar year.
(e) Purpose.--The purpose of the Task Force is to identify
and examine current and developing methods of financial fraud
targeting members of the Armed Forces, veterans, and military
families and issue recommendations to enhance efforts
undertaken by Federal agencies to identify, prevent, and combat
such financial fraud.
(f) Duties.--The duties of the Task Force shall include the
following:
(1) Collecting and reviewing robust data pertaining
to medical billing, credit reporting, debt collection,
and other serious financial challenges facing members
of the Armed Forces, veterans, and military families.
(2) Identifying and reviewing current methods of
financial exploitation targeting members of the Armed
Forces, veterans, and military families, including--
(A) imposter or phishing scams;
(B) investment-related fraud;
(C) pension poaching;
(D) veterans benefit fraud;
(E) fraudulent offers pertaining to
employment or business opportunities;
(F) predatory lending;
(G) veteran charity schemes;
(H) foreign money offers and fake check
scams;
(I) mortgage foreclosure relief and debt
management fraud;
(J) military allotment system abuse; and
(K) military records fraud.
(3) Identifying and evaluating the new financial
risks that emerging financial technologies, including
buy-now-pay-later credit and digital payment
ecosystems, may present to members of the Armed Forces,
veterans, and military families.
(4) Evaluating the efficacy of current Federal
programs, educational campaigns, policies, and
statutes, including the Military Lending Act and the
Servicemembers Civil Relief Act, in preventing and
combatting financial fraud targeting members of the
Armed Forces, veterans, and military families.
(5) Developing recommendations to enhance efforts of
Federal agencies to detect, prevent, and combat
financial fraud targeting members of the Armed Forces,
veterans, and military families.
(g) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Task Force
shall submit to the appropriate congressional committees a
report on its findings to date and recommendations to enhance
the efforts of Federal agencies to identify, prevent, and
combat financial fraud targeting members of the Armed Forces,
veterans, and military families.
(h) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Oversight and Reform of the
House of Representatives.
(2) The Committee on Armed Services of the House of
Representatives.
(3) The Committee on Veterans' Affairs of the House
of Representatives.
(4) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(5) The Committee on Armed Services of the Senate.
(6) The Committee on Veterans' Affairs of the Senate.
----------
238. An Amendment To Be Offered by Representative Mace of South
Carolina or Her Designee, Debatable for 10 Minutes
At the end of subtitle D 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 at a manufacturing facility owned by
the contractor the dietary supplements to be provided
pursuant to subsection (c)(3). 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.
----------
239. An Amendment To Be Offered by Representative Mace of South
Carolina or Her Designee, Debatable for 10 Minutes
Page 52, line 20, insert ``electric short take-off and
landing,'' before ``or a combination''.
----------
240. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. DEMOCRACY DISRUPTION IN THE MIDDLE EAST AND AFRICA.
(a) In General.-- Not later than 180 days after the date of
the enactment of this Act, and every year thereafter for 5
fiscal years, the Secretary of State, in consultation with the
Secretary of Defense and Director of National Intelligence,
shall submit to the appropriate congressional committees a
report describing actions by relevant foreign governments that
act to undermine democracy in the United States Central Command
or United States Africa Command area of responsibility,
including through the disruption of nascent democratic
movements, transnational repression, or bolstering
authoritarian governments in countries other than their own.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) An assessment of whether and the extent to which
relevant governments provide financial or other
economic support, or technical assistance, to
authoritarian leaders with the purpose of supporting--
(A) the short, medium, and long-term
viability of authoritarians as head of states;
or
(B) heads of states who have--
(i) conducted a coup d'etat or other
seizure of power in which the military
played a decisive role;
(ii) undermined the independence of
the judiciary;
(iii) facilitated the
unconstitutional removal of a portion
or entirety of a democratically elected
government or legislature; or
(iv) removed term limits or
consolidated executive authority
through the unilateral cancellation or
revision of a country's constitution.
(2) A determination of whether relevant governments
either directly or through third parties, throughout
the United States Central Command or United States
Africa Command area of responsibility--
(A) undermine electoral systems or act to
discredit or overturn the results of democratic
elections in other countries;
(B) assist authoritarian governments in
intimidating or harassing members of civil
society or in limiting the ability of members
of civil society to operate without fear of
criminal charges or detention; or
(C) violate international principles of
nonrefoulment and the rights of asylum seekers.
(3) A list of armed groups, including militias,
private military corporations, mercenaries, or
paramilitaries, that receive monetary, military, or
other material support from relevant foreign
governments.
(4) An assessment of whether actors in the list in
paragraph (3) have committed gross violations of
international recognized human rights.
(5) A detailed analysis of relevant foreign
governments' diplomatic support, whether bilaterally or
in international organizations, for military or
civilian leaders who meet criteria in paragraph (1)(B).
(6) An assessment of whether relevant foreign
governments engage in a consistent pattern of acts of
transnational repression and intimidation or harassment
directed against individuals in the United States,
including--
(A) funding, either directly or through third
parties, the use of inauthentic social media
accounts which target specific individuals in
an attempt to silence, intimidate, or harass
nonviolent critics or dissenters;
(B) targeted imprisonment of family members
on politically motivated charges; or
(C) any other form of intimidation or
harassment.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but the portions of the report
described in section (b) may contain a classified annex, so
long as such annex is provided separately from the unclassified
report.
(d) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs, the
Committee on Armed Services, and the Permanent
Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select
Committee on Intelligence of the Senate; and
(2) the term ``relevant foreign government'' means
the government of a country in the United States
Central Command or United States Africa Command area of
responsibility that--
(A) received United States security
assistance, including under authorities of
title 10, United States Code, during the
previous 10 fiscal years; or
(B) hosts United States military personnel
other than those permanently assigned to a
United States Embassy in their respective
countries.
----------
241. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
Page 99, after line 23, insert the following:
(c) Consultation.--In designing the program under this
section, the Secretary of Defense may consult with the
President's Board of Advisors on historically Black colleges
and universities.
Page 99, line 24, strike ``(c)'' and insert ``(d)''.
----------
242. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
Page 104, line 19, insert ``, including by taking into
consideration the potential military application of battery
technologies developed by entities awarded grants by the
Department under section 40207 of the Infrastructure Investment
and Jobs Act (Public law 117-58; 42 U.S.C. 18741)'' before the
period at the end.
----------
243. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
Page 448, line 2, strike ``or''.
Page 448, line 4, strike ``China.'' and insert ``China; or''.
Page 448, after line 4 insert the following:
(4) containing materials from the Xinjiang Uyghur
Autonomous Region of the People's Republic of China.
----------
244. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
Page 223, after line 20, insert the following:
(9) Army Heavy Tactical Wheeled Vehicles.
----------
245. An Amendment To Be Offered by Representative Manning of North
Carolina or His Designee, Debatable for 10 Minutes
Page 361, after line 24, insert the following:
``(10) The right to be informed of the results of
drinking water testing at school facilities.''.
Page 362, after line 17, insert the following:
``(E) the results of drinking water testing
at school facilities;''.
----------
246. An Amendment To Be Offered by Representative McBath of Georgia or
Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. REPORT ON INITIATIVES OF DEPARTMENT OF DEFENSE TO SOURCE
LOCALLY AND REGIONALLY PRODUCED FOODS FOR
INSTALLATIONS OF THE DEPARTMENT.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report detailing--
(1) current procurement practices of the Department
of Defense regarding food for consumption or
distribution on installations of the Department;
(2) efforts by the Department of Defense to establish
and strengthen ``farm to base'' initiatives to source
locally and regionally produced foods, including
seafood, for consumption or distribution at
installations of the Department;
(3) efforts by the Department to collaborate with
relevant Federal agencies, including the Department of
Veterans Affairs, the Department of Agriculture, and
the Department of Commerce, to procure locally and
regionally produced foods;
(4) opportunities where procurement of locally and
regionally produced foods would be beneficial to
members of the Armed Forces, their families, military
readiness by improving health outcomes, and farmers
near installations of the Department;
(5) barriers currently preventing the Department from
increasing procurement of locally and regionally
produced foods or preventing producers from partnering
with nearby installations of the Department; and
(6) recommendations for how the Department can
improve procurement practices to increase offerings of
locally and regionally produced foods.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Natural Resources, and the Committee on Agriculture of
the House of Representatives.
----------
247. An Amendment To Be Offered by Representative McCaul of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle F of title VIII the following new
section:
SEC. 8__. INCREASED COMPETITIVE OPPORTUNITIES AND STRATEGY FOR CERTAIN
CRITICAL TECHNOLOGY CONTRACTORS.
(a) Authorities.--
(1) In general.--The Secretary of Defense shall seek
to increase competitive opportunities for appropriate
U.S. companies to be awarded prime contracts, grants,
cooperative agreements, or other transactions for
commercial products or dual-use capabilities of which
any component primarily relates to critical technology.
(2) Strategy.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense
shall develop and implement a comprehensive strategy to
increase competitive opportunities available for
appropriate U.S. companies and protect the integrity of
the defense industrial base. The strategy shall include
the following:
(A) A description of methods to enhance the
availability of funds authorized by sections
4021 and 4022 of title 10, United States Code,
for appropriate U.S. companies to develop end
items of critical technologies, to rapidly
prototype such end items, to conduct continuous
experimentation to improve such end items, and
to deliver capabilities to the Department of
Defense.
(B) Processes to monitor and mitigate risks
to the defense industrial base.
(C) Processes to improve coordination by the
military departments and other elements of the
Department of Defense to carry out
subparagraphs (A) and (B).
(b) Report.--Along with the report required under section
4814 of title 10, United States Code, that is due after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with appropriate U.S. companies, shall submit a
report on the implementation of the strategy required in
subsection (a)(2) and progress made to monitor and mitigate
risks to the defense industrial base.
(c) Definitions.--In this section:
(1) The term ``appropriate U.S. company'' means--
(A) a nontraditional defense contractor, as
defined in section 3014 of title 10, United
States Code; or
(B) a prime contractor that has entered into
a cooperative agreement with a nontraditional
defense contractor with the express intent to
pursue funding authorized by sections 4021 and
4022 of title 10, United States Code, in the
development, testing, or prototyping of
critical technologies.
(2) The term ``commercial product'' has the meaning
given in section 3011 of title 10, United States Code.
(3) The term ``dual-use'' has the meaning given in
section 4801 of title 10, United States Code.
(4) The term ``critical technology'' means a
technology identified as critical by the Secretary of
Defense, which shall include--
(A) biotechnology;
(B) quantum science;
(C) advanced materials;
(D) artificial intelligence and machine
learning;
(E) microelectronics;
(F) space technology;
(G) advanced computing and software;
(H) hypersonics;
(I) integrated sensing and cyber;
(J) autonomous systems;
(K) unmanned systems;
(L) advanced sensing systems; and
(M) advanced communications systems.
----------
248. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VI, insert the following:
SEC. 6__. HUNGER AMONG MILITARY FAMILIES: DATA COLLECTION; TRAINING;
REPORT.
(a) Data Collection.--Not later than one year after the date
of the enactment of this Act, the Under Secretary of Defense
for Personnel and Readiness, acting through the Deputy
Assistant Secretary for Military Community and Family Policy,
in coordination with the Under Secretary for Food, Nutrition,
and Consumer Services of the Department of Agriculture, shall--
(1) develop a survey, in collaboration with the
Department of Agriculture, to determine how many
members of the Armed Forces serving on active duty, and
dependents of such members, are food insecure;
(2) issue the survey to such members and dependents;
(3) collect data from the survey on the use, by such
members and dependents, of Federal nutrition assistance
programs, including the supplemental nutrition
assistance program under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), the special supplemental
nutrition program for women, infants, and children
under section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786), the school lunch program under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.), and the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); and
(4) collect data related to the number of such
members and dependents who--
(A) are eligible for the basic needs
allowance under section 402b of title 37,
United States Code; and
(B) receive such basic needs allowance;
(5) develop and carry out a plan to train and
designate an individual who will assist members at
military installations on how and where to refer such
members and their dependents for participation in
Federal nutrition assistance programs described in
paragraph (3); and
(6) coordinate Department of Defense efforts to
address food insecurity and nutrition.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Under
Secretary of Defense for Personnel & Readiness shall submit to
the congressional defense committees, the Committees on
Agriculture and Education and Labor of the House of
Representatives, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report including the following:
(1) The number of members of the Armed Forces serving
on active duty and their dependents who are food
insecure.
(2) The number of such members and their dependents
who use the Federal nutrition assistance programs
described in subsection (a)(3).
(3) The number of such members and their dependents
described in subsection (a)(3).
(4) The status of implementation of the plan under
subsection (a)(5).
----------
249. An Amendment To Be Offered by Representative McMorris Rodgers of
Washington or Her Designee, Debatable for 10 Minutes
At the end of title VI, insert the following new subtitle:
Subtitle F--Disability and Retired Pay
SEC. 651. ELIMINATION OF CAP ON ADDITIONAL RETIRED PAY FOR
EXTRAORDINARY HEROISM FOR MEMBERS OF THE ARMY AND
AIR FORCE WHO SERVED DURING THE VIETNAM ERA.
Title 10, United States Code, is amended--
(1) in section 1402(f)(2), by striking ``The amount''
and inserting ``Except in the case of a member who
served during the Vietnam Era (as that term is defined
in section 12731 of this title), the amount'';
(2) in section 7361(a)(2), by inserting ``(except in
the case of a member who served during the Vietnam Era,
as that term is defined in section 12731 of this
title)'' after ``based''; and
(3) in section 9361(a)(2), by inserting ``(except in
the case of a member who served during the Vietnam Era,
as that term is defined in section 12731 of this
title)'' after ``based''.
----------
250. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
Page 813, line 22, after ``The Secretary of Defense'' insert
``, with the concurrence of the Secretary of State,''.
----------
251. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII, add the following:
SEC. 12_. REPORT ON CHIEF OF MISSION CONCURRENCE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, with the
concurrence of the Secretary of State, shall submit to the
appropriate congressional committees a report evaluating the
processes by which chiefs of mission provide concurrence to the
exercise of the authority pursuant to section 127e of title 10,
United States Code, and section 1202 of the National Defense
Authorization Act for Fiscal Year 2018.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) the most significant impediments to each relevant
chief of mission's ability to inform and consult in a
timely manner with relevant individuals at relevant
missions or bureaus of the Department of State;
(2) the lessons learned from such consultations;
(3) procedures and agreements between departments
that enable Secretary of State to 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; and
(4) the lessons learned from such procedures and
agreements and required improvements so identified.
(c) Form.--The report required by section (a) may be provided
in classified form.
(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.
----------
252. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. FEASIBILITY STUDY ON UNITED STATES SUPPORT FOR AND
PARTICIPATION IN THE INTERNATIONAL COUNTERTERRORISM
ACADEMY IN COTE D'IVOIRE.
(a) Statement of Policy.--It is the policy of the United
States to partner with West African governments where possible
to mitigate and counter growing regional insecurity resulting
from the spread of armed conflict and terrorism, including by
providing assistance to train, equip, and mentor West African
security services to counter threats to regional and national
security through a whole-of-government approach.
(b) Feasibility Study.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall conduct a
feasibility study regarding the provision of U.S. assistance
for infrastructure, training, equipment, and other forms of
support to institutionalize the International Counterterrorism
Academy (Academie Internationale de Lutte Contre le Terrorisme
or AILCT) in Jacqueville, Cote D'Ivoire that--
(1) Provides a legal analysis of existing authorities
to provide U.S. foreign assistance dedicated to the
development and establishment of AILCT programs,
initiatives, and infrastructure for the purposes of
training, equipping, and mentoring eligible West
African security services bilaterally or in
coordination with partners and allies;
(2) Identifies opportunities for the United States to
leverage and support the AILCT facility to pursue
national security interests in West Africa, the Sahel,
Sub-Saharan Africa, and the strategic Atlantic Ocean
coastal and maritime environments, including through
training and research activities, infrastructure
development, combatting transnational terrorist and
organized crime threats, and countering foreign malign
influence throughout the region;
(3) Assesses any planned and pledged contributions
from other countries to ensure appropriate sustainment
of the facilities and burden sharing.
(c) Forms.--The feasibility study required under subsection
(b) shall be submitted in unclassified form, but may contain a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives;
(2) the Committees on Armed Services of the Senate
and of the House of Representatives; and
(3) the Committees on Appropriations of the Senate
and of the House of Representatives.
----------
253. 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 V, insert the following:
SEC. 5__. RECOGNITION OF THE ARMY INTERAGENCY TRAINING AND EDUCATION
CENTER AS A JOINT ACTIVITY OF THE NATIONAL GUARD;
REPORT.
(a) Findings.--Congress makes the following findings:
(1) AITEC has been designated by the National Guard
Bureau as a joint activity of the Army and Air National
Guard responsible for the following activities:
(A) Mission assurance and other critical
infrastructure protection activities in support
of the Department of Defense and Department of
Homeland Security entities.
(B) All-hazards disaster response training
and exercises for the National Guard in
partnership with Federal, State, local,
territorial, and Tribal response enterprise
organizations.
(2) AITEC is composed of members of the Army and Air
National Guard who possess relevant private-sector
critical skills and experience in the fields of
emergency response, engineering, cybersecurity,
electric power, logistics, telecommunications,
utilities, medical, rescue, or such other fields as
determined by evolving mission requirements.
(3) The National Guard Bureau has designated AITEC as
having the following duties:
(A) Providing the Department of Defense
with--
(i) unique civilian expertise and
experience of critical infrastructure
protection, Chemical, Biological,
Radiological, and Nuclear response,
emergency management, control systems
cybersecurity, and incident management;
(ii) training and exercise support of
Joint Interagency Training Capability,
including Joint Force Headquarters-
State and Joint Task Force-State
Headquarters elements, National Guard
Reaction Forces, Weapons of Mass
Destruction Civil Support Teams, and
Chemical, Biological, Radiological,
Nuclear, or High-Yield Explosive
Emergency Response Force Packages, and
Homeland Response Forces; and
(iii) personnel to conduct Mission
Assurance, Cybersecurity, Port Security
& Resiliency, and other critical
infrastructure assessments and training
along with Counter-IED and bombing
prevention training to
intergovernmental partners and first
responders.
(B) On an ongoing basis, partnering with the
military departments, the combatant commands,
other Department of Defense agencies, the
Department of Homeland Security, and State,
local, territorial, and Tribal governments to
conduct--
(i) all-threats, all-hazards Mission
Assurance assessments in the areas of
Mission Assurance Related Programs and
Activities, including cyber supply
chain risk management, position,
navigation, and timing, and unmanned
systems on Defense Critical
Infrastructure;
(ii) all-hazards and disaster
response training and exercise support;
(iii) infrastructure protection
assessment activities, cybersecurity,
and counter-IED and bombing prevention
training for the Department of Homeland
Security; and
(iv) Port Security & Resiliency
assessments for the Coast Guard.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Assistant Secretary of Defense for
Homeland Defense and Global Security and the Chief of the
National Guard Bureau, shall submit to the appropriate
congressional committees a report that includes--
(1) an organizational plan and an estimate of the
annual costs necessary for AITEC to complete its duties
as described in subsection (a)(3); and
(2) the manpower requirements needed to adequately
staff such duties.
(c) Definitions.--In this section:
(1) The term ``AITEC'' means the Army Interagency
Training and Education Center.
(2) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on Appropriations of
the Senate; and
(B) the Committee on Armed Services, the
Committee on Homeland Security, and the
Committee on Appropriations of the House of
Representatives.
(3) The term ``critical infrastructure'' has the
meaning given the term in section 702 of the Defense
Production Act of 1950 (50 U.S.C. 4552).
----------
254. An Amendment To Be Offered by Representative Miller of West
Virginia or His Designee, Debatable for 10 Minutes
Page 1348, insert after line 23 the following (and conform
the table of contents accordingly):
SEC. 5806. MEMORIAL FOR THOSE WHO LOST THEIR LIVES IN THE ATTACK ON
HAMID KARZAI INTERNATIONAL AIRPORT ON AUGUST 26,
2021.
Section 1087 of National Defense Authorization Act for Fiscal
Year 2022 (40 U.S.C. 8903 note) is amended by striking ``The
Secretary of Defense may'' and inserting ``The Secretary of
Defense shall, not later than 1 year after the date of
enactment of the National Defense Authorization Act for Fiscal
Year 2023,''.
----------
255. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
Page 509, after line 22, insert the following:
SEC. 746. GAO STUDY ON DOD AND VA MAMMOGRAM AND BREAST CANCER SCREENING
POLICIES.
(a) Study.--The Comptroller General of the United States
shall conduct a review, beginning not later than 90 days after
the date of the enactment of this Act, to examine and determine
whether current Department of Defense and Department of
Veterans Affairs policies allow individuals with dense breast,
regardless of age, with no-cost or low-cost access through
their health programs to all the screening and diagnostic tools
needed to confirm breast cancer, including when standard
mammograms are inconclusive or ineffective in doing so.
(b) Contents.--The study conducted pursuant to subsection (a)
shall--
(1) examine the utilization of existing screening and
diagnosis tools by participants in health programs
administered by the Department of Defense and
Department of Veterans Affairs, disaggregated by
demographic characteristics;
(2) identify and examine barriers to greater access
to such tools in each such agency, including whether
cost prevents individuals from receiving additional
breast cancer diagnostic or screening exams that may
confirm the presence of breast cancer;
(3) make recommendations on how each such agency can
improve policies to best address the unique challenges
identifying breast cancer in those with dense breasts;
(4) analyze how well such agencies' policies
regarding breast cancer screening and diagnoses for
those with dense breast align with coverage under other
Federal health care programs such as Medicaid,
Medicare, coverage on the Affordable Care Act health
care marketplace, and the recommendations of the United
States Preventive Services Task Force;
(5) identify the most recent time that relevant
policies were updated by each such agency and how often
they are currently reviewed or updated;
(6) analyze how well existing policies reflect or
include the best available science on helping women
with dense breast receive accurate diagnosis regarding
the presence or absence of cancer; and
(7) identify any efforts by each such agency to
educate health care providers who provide cancer
screening, treatment, or diagnosis services and
patients receiving such services on the limitations of
mammograms in confirming breast cancer for those with
dense breasts.
(c) Consultation.--In conducting the study pursuant to
subsection (a), the Comptroller General may consult with breast
cancer patients or their advocates receiving care through the
health care systems of the Department of Defense and Department
of Veterans Affairs, health care providers supporting breast
cancer care or organizations representing such providers, other
Federal agencies, and other stakeholders, as appropriate.
(d) Study.--Not later than September 30, 2024, the
Comptroller General shall submit to the Congress a report on
the study conducted pursuant to subsection (a) containing a
description of the study and any findings and conclusions of
the study.
----------
256. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
At the end of subtitle D of title VII, add the following:
SEC. __. GUIDANCE FOR ADDRESSING HEALTHY RELATIONSHIPS AND INTIMATE
PARTNER VIOLENCE THROUGH TRICARE PROGRAM.
The Secretary of Defense shall disseminate guidance on--
(1) the provision through the TRICARE Program of
universal education on healthy relationships and
intimate partner violence; and
(2) implementation of protocols through the TRICARE
Program for--
(A) routine assessment of intimate partner
violence and sexual assault; and
(B) promotion and strategies for trauma-
informed care plans.
----------
257. An Amendment To Be Offered by Representative Morelle of New York
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XXXI the following:
SEC. 31__. DESIGNATION OF NATIONAL NUCLEAR SECURITY ADMINISTRATION AS
TECHNICAL NUCLEAR FORENSICS LEAD.
(a) In General.--Section 3211(b) of the National Nuclear
Security Administration Act (50 U.S.C. 2401(b)) is amended by
adding at the end the following new paragraph:
``(7) To lead the technical nuclear forensics efforts
of the United States.''.
(b) Rule of Construction.--The amendment made by this section
may not be construed to alter the functions vested in any
department or agency of the Federal Government by statute other
than the National Nuclear Security Administration pursuant to
such amendment.
----------
258. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title III, insert the following
new section:
SEC. 3__. REQUIREMENTS TO REDUCE OUT-OF-POCKET COSTS OF MEMBERS OF THE
ARMED FORCES FOR UNIFORM ITEMS.
(a) Tracking Requirement.--The Secretary of Defense shall
take such steps as may be necessary to track the expected
useful life of uniform items for officers and enlisted members
of the Armed Forces, for the purposes of--
(1) estimating the rate at which such uniform items
are replaced; and
(2) determining the resulting out-of-pocket costs for
such members over time.
(b) Uniform Replacement Allowance for Certain Officers.--
(1) Establishment.--The Secretary of Defense shall
establish a uniform replacement allowance under which
each officer of the Armed Forces, upon promotion to the
grade of O-4, and once every three years thereafter for
such time as the officer is in a grade of O-4 or above,
shall be eligible to receive the allowance described in
paragraph (2) for the purpose of replacing required
uniform items that have exceeded the useful life of
such items.
(2) Allowance.--The allowance described in this
paragraph is a cash allowance that the Secretary shall
calculate by multiplying the annual replacement cost of
each required uniform item of an officer (taking into
account the expected useful life of the item pursuant
to subsection (a) and the price of the item set by the
Defense Logistics Agency as of the date of the
calculation) by three.
(c) Report.--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 a report on the expected
useful life of required uniform items, projected changes to
such required uniform items, and related costs anticipated by
the Secretary (disaggregated by Armed Force). Such report shall
include pricing information for each such item, including items
that are not considered uniquely military.
----------
259. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 820, after line 3, insert the following:
(e) Report on Lessons Learned From War.--Not later than 1
year after the date of the enactment of this Act, the Secretary
of Defense, in coordination with the Secretary of each military
department, shall submit to the appropriate congressional
committees an assessment of lessons learned by the respective
military departments from the conflict following the Russian
invasion of Ukraine that includes the following:
(1) Lessons learned from intelligence-sharing
activities conducted between the United States, NATO,
the European Union, and Ukraine throughout the
conflict.
(2) Observed tactics and techniques of information-
related capabilities and the integration of
information-related capabilities in supporting Ukraine
objectives.
(3) Analysis of the capabilities, tactics, and
techniques implemented throughout the conflict
following the Russian invasion of Ukraine, from each
military department, with a focus on the Army, Navy,
and Air Force.
(4) Analysis of all collected information to identify
recurring strengths and weaknesses in United States and
NATO tactics, training, and equipment.
(5) Recommendations to address any corrective
actions.
(f) Form; Publication.--The report required by subsection (e)
shall be submitted in unclassified form but may include a
classified annex. The unclassified portion of such report shall
be published on a publicly accessible website of the Department
of Defense.
(g) Sense of Congress.--It is the sense of Congress that--
(1) the United States could greatly benefit from on-
the-ground combat observations of the conflict
following the Russian invasion of Ukraine to learn
lessons about modern warfare between near-peer
adversaries, and successful and unsuccessful aspects of
both sides' tactics, operations, and strategy;
(2) expert projections of how this conflict was
likely to unfold were inaccurate, suggesting the United
States has many lessons to learn from this conflict;
(3) the Department of Defense should, when feasible,
organize Combat Observation Teams, who should be given
battlefield access as non-combatants, with specialized
skill sets to collect information, including by
conducting first-person interviews, or other conflict-
specific assessments and observations;
(4) such collection and observations should occur
after the conflict has largely subsided, and the
physical, political, and escalatory risk of sending an
American combat observer team is sufficiently low;
(5) such teams should consist of talented senior
officers and non-commissioned officers with appropriate
experience and specialties for their task;
(6) Combat Observation Teams should be encouraged to
interview Ukrainian military members, and civilians,
conduct site surveys, and work with the United States
embassy and other allied countries as appropriate; and
(7) the time is ripe for an infusion of lessons from
Ukraine, and observations could ensure the United
States is prepared for the future of modern warfare and
conflict.
----------
260. An Amendment To Be Offered by Representative Moulton of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XV add the following:
SEC. 15__. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.
Section 1723 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 10 U.S.C. 394 note) is amended by adding at the end the
following new subsections:
``(e) Update to Congress.--Not later than July 1, 2023, the
secretaries of the military services and the Assistant
Secretary of Defense for Special Operations and Irregular
Warfare shall brief the congressional defense committees on
activities taken during the period following the date of the
briefing under subsection (d), including an examination of
establishing Tailored Cyberspace Operations Organizations and
utilization of the authority provided pursuant to subsection
(c)
``(f) Air Force Actions.--Not later than July 1, 2023, the
Secretary of the Air Force shall submit to the congressional
defense committees a review of the activities of the Navy Cyber
Warfare Development Group, including with respect to the
authorities of the Group. The review shall include the
following:
``(1) An assessment of whether such authorities shall
be conferred to the 90th Cyberspace Operations Squadron
of the United States Air Force.
``(2) A consideration of whether the 90th Cyberspace
Operations Squadron should be designated a controlled
tour, as defined by the Secretary.''.
----------
261. An Amendment To Be Offered by Representative Murphy of Florida or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XV add the following:
SEC. 15__. CYBER OPERATIONS-PECULIAR AWARDS.
Chapter 57 of title 10, United States Code, is amended by
inserting after section 1124 the following new section:
``Sec. 1124a. Cyber operations-peculiar awards
``(a) Authority.--The Secretary of Defense and the
Secretaries of the military departments may authorize the
payment of a cash award to, and incur necessary expense for the
honorary recognition of, a member of the covered armed forces
whose novel actions, invention, or technical achievement
enables or ensures operational outcomes in or through
cyberspace against threats to national security.
``(b) Actions During Service.--An award under this section
may be paid notwithstanding the member's death, separation, or
retirement from the covered armed forces. However, the novel
action, invention, or technical achievement forming the basis
for the award must have been made while the member was on
active duty or in an active reserve status and not otherwise
eligible for an award under chapter 45 of title 5.
``(c) Payment.--Awards to, and expenses for the honorary
recognition of, members of the covered armed forces under this
section may be paid from--
``(1) the funds or appropriations available to the
activity primarily benefiting from the novel action,
invention, or technical achievement; or
``(2) the several funds or appropriations of the
various activities benefiting from the novel action,
invention, or technical achievement.
``(d) Amounts.--The total amount of the award, or awards,
made under this section for a novel action, invention, or
technical achievement may not exceed $2,500, regardless of the
number of persons who may be entitled to share therein.
``(e) Regulations.--Awards under this section shall be made
under regulations to be prescribed by the Secretary of Defense
or by the Secretaries of the military departments.
``(f) Covered Armed Forces Defined.--In this section, the
term `covered armed forces' means the Army, Navy, Air Force,
Marine Corps, and Space Force.''.
----------
262. An Amendment To Be Offered by Representative Murphy of Florida or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XV add the following:
SEC. 15__. MANNING REVIEW OF SPACE FORCE CYBER SQUADRONS.
(a) Requirement.--Not later than 195 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
coordination with the Chief of Space Operations, shall submit
to the congressional defense committees a review of the manning
required to fully staff the current and planned cyber squadrons
of the Space Force.
(b) Matters Included.--
(1) Elements.--The review under subsection (a) shall
include considerations of the following:
(A) The specific sourcing of existing billets
of the Space Force optimally postured for
transfer to cyber squadrons.
(B) The administrative processes required to
shift billets and existing funding to cyber
squadrons.
(C) The responsibilities and functions
performed by military personnel and civilian
personnel.
(D) The cumulative benefit for the Space
Force of transferring billets to cyber
squadrons.
(2) Roadmap.--The review under subsection (a) shall
include a transition roadmap that outlines a
comprehensive transition for the transfer of billets
described in paragraph (1) by not later than September
30, 2024.
----------
263. An Amendment To Be Offered by Representative Napolitano of
California or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, insert the following:
SEC. 5__. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) In General.--During fiscal year 2023, the Secretary of
Defense may provide assistance in addition to assistance under
subsection (d) of section 509 of title 32, United States Code,
to a National Guard Youth Challenge Program of a State for the
following purposes:
(1) New program start-up costs.
(2) Special projects.
(3) Workforce development programs.
(4) Emergency costs.
(b) Limitations.--
(1) Matching.--Before the Secretary may use the
authority under this section, the State shall comply
with the matching requirement under such subsection.
(2) Total assistance.--Total assistance under this
section may not exceed $5,000,000.
(c) Reporting.--Any assistance provided under this section
shall be included in the annual report under subsection (k) of
such section.
----------
264. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
Page 1236, after line 17, insert the following:
SEC. ____ GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS AND
FORMER MEMBERS OF THE ARMED FORCES AFTER
SEPARATION, RETIREMENT, OR DISCHARGE.
(a) In General.--Commencing not later than 180 days after the
date of the enactment of this Act, the Secretary of Labor
shall, in coordination with the Secretary of Veterans Affairs,
carry out a program to award grants to eligible organizations
for the provision of assistance to covered individuals on the
transition of a member or former member of the Armed Forces
from service in the Armed Forces to civilian life.
(b) Covered Individuals.--For purposes of this section, a
covered individual is--
(1) a member of the Armed Forces who is eligible for
preseparation counseling under sections 1142 and 1144
of title 10, United States Code;
(2) a former member of the Armed Forces who is
transitioning from service in the Armed Forces to
civilian life; or
(3) a spouse of a member described in paragraph (1)
or a former member described in paragraph (2).
(c) Duration of Program.--The Secretary of Labor shall carry
out the program during the 5-year period beginning on the date
of the commencement of the program.
(d) Grants.--
(1) In general.--The Secretary of Labor shall carry
out the program through the award of grants to eligible
organizations for the provision of assistance described
in subsection (a).
(2) Matching funds required.--A grant under this
section shall be in an amount that does not exceed 50
percent of the amount required by the organization to
provide the services described in subsection (g).
(e) Eligible Organizations.--For purposes of this section, an
eligible organization is any nonprofit organization, including
workforce boards or Veterans Service Organizations, that the
Secretary of Labor determines, in consultation with the
Secretary of Veterans Affairs, is suitable for receipt of a
grant under the program pursuant to receipt by the Secretary of
Labor of an application submitted under subsection (f)(1).
(f) Selection of Grant Recipients.--
(1) Applications.--An organization seeking a grant
under the program shall submit to the Secretary of
Labor an application therefor at such time, in such
manner, and containing such information and assurances
as the Secretary, in consultation with the Secretary of
Veterans Affairs, may require.
(2) Priority for hubs of services.--In awarding
grants under the program, the Secretary of Labor shall
give priority to an organization that provides multiple
forms of services described in subsection (g).
(g) Use of Funds.--The recipient of a grant under the program
shall use the grant to coordinate for covered individuals the
following:
(1) Career and training services, including the
provision of such services available through the
workforce development system.
(2) Mental health services.
(3) Legal assistance.
(4) Supportive services.
(5) Assistance with accessing benefits provided under
laws administered by the Secretary of Veterans Affairs.
(6) Non-clinical case management.
(7) Entrepreneurship training.
(8) Such other services that may be related to the
assistance and services set forth in this subsection as
the Secretary of Labor determines may lead directly to
successful transition to civilian life.
(h) Inclusion in Transition Assistance Program Counseling.--
The Secretary concerned shall include in the information
provided to a member of the Armed Forces during the Transition
Assistance Program information regarding any recipient of a
grant under this section that is located in the community in
which that member will reside after separation, retirement, or
discharge from the Armed Forces.
(i) Authorization of Appropriations.--There is authorized to
be appropriated $10,000,000 to carry out this section.
(j) Definitions.--In this section:
(1) Except as otherwise provided, any term used in
this Act that is defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102) shall
have the meaning given to such term in such section.
(2) The term ``nonprofit organization'' is an
organization that is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code.
(3) The term ``Secretary concerned'' has the meaning
given such term in section 101 of title 10, United
States Code.
(4) The term ``Transition Assistance Program'' means
the Transition Assistance Program under sections 1142
and 1144 of title 10, United States Code.
----------
265. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
Page 381, after line 17, insert the following:
(6) The benefits of portable licenses and interstate
licensure compacts for military spouses.
----------
266. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
Page 535, after line 24, insert the following new paragraph
(and redesignate the following paragraphs accordingly):
(2) The term ``behavioral health provider'' includes
the following:
(A) A licensed professional counselor.
(B) A licensed mental health counselor.
(C) A licensed clinical professional
counselor.
(D) A licensed professional clinical
counselor of mental health.
(E) A licensed clinical mental health
counselor.
(F) A licensed mental health practitioner.
----------
267. 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__. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND EFFECT ON
MILITARY INSTALLATIONS.
(a) Installation Analysis.--At the direction of the Secretary
of Defense, the commander of each large military installation
(as determined by the Secretary) shall conduct an analysis of--
(1) how the effect known as the ``heat island
effect'' exacerbates summer heat conditions and
necessitates the increased use of air conditioning on
the installation; and
(2) inventory on the percentage of tree cover and
plant shade trees on the property of the installation.
(b) Report.--Not later than September 30, 2023, the commander
of each large military installation shall submit to the
Secretary of the analysis conducted by the commander under
subsection (a).
(c) Plan.--The Secretary shall--
(1) review the reports submitted under subsection
(b);
(2) identify any installation that is a significant
heat island with large expanses of concrete or asphalt;
and
(3) direct the commander of any installation so
identified to increase the tree coverage on the
property of the installation by 10 to 30 percent by not
later than September 30, 2025.
(d) Heat Island Defined.--The term ``heat island'' means an
area with a high concentration of structures (such as building,
roads, and other infrastructure) that absorb and re-emit the
sun's heat more than natural landscapes such as forests or
bodies of water.
----------
268. An Amendment To Be Offered by Representative Norman of South
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle I of title V, insert the following:
SEC. 5__. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO JAMES CAPERS,
JR. FOR ACTS OF VALOR AS A MEMBER OF THE MARINE
CORPS DURING THE VIETNAM WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in sections 8298(a) and 8300 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President is authorized to award the Medal of
Honor, under section 8291 of such title, to James Capers, Jr.
for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor described in
this subsection are the actions of James Capers, Jr., as a
member of the Marine Corps, during the period of March 31
through April 3, 1967, during the Vietnam War, for which he was
previously awarded the Silver Star.
----------
269. An Amendment To Be Offered by Representative Norman of South
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SEC. 5__. SURVEYS REGARDING MILITARY SPOUSES.
(a) Surveys.--The Secretary of Defense, in coordination with
the Commissioner of the Bureau of Labor Statistics, shall
determine the feasibility of--
(1) measuring labor market outcomes and
characteristics of military spouses with existing data
from surveys conducted by the Department of Defense and
Bureau of Labor Statistics; and
(2) modifying such surveys to capture more
information about military spouses.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report containing--
(1) determinations under subsection (a);
(2) ways to implement modifications described in
subsection (a) that comport with the Employment
Situation Report of the Bureau of Labor Statistics.
(3) and estimated costs to implement such
modifications.
----------
270. An Amendment To Be Offered by Representative Norman of South
Carolina or His Designee, Debatable for 10 Minutes
Page 1348, insert after line 23 the following (and conform
the table of contents accordingly):
SEC. 5806. 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.
----------
271. An Amendment To Be Offered by Representative Norman of South
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SEC. 5__. REVIEW OF POLICIES REGARDING SINGLE PARENTS SERVING AS
MEMBERS OF THE ARMED FORCES.
Not later than September 30, 2023, the Secretary of Defense
shall review regulations and rules of the Department of Defense
regarding single parents serving as members of the Armed
Forces.
----------
272. An Amendment To Be Offered by Representative Obernolte of
California or His Designee, Debatable for 10 Minutes
Insert the following in the appropriate place in division E:
SEC. __. GAO REPORT ON CIVILIAN SUPPORT POSITIONS AT REMOTE MILITARY
INSTALLATIONS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall assess and
submit a report to the Secretary of Defense on the following:
(1) The average number of vacancies for civilian
support services positions at remote or isolated
military installations in comparison to vacancies for
such positions at other military installations. In
carrying out this paragraph, the Comptroller General
shall account for the differences in military
population size.
(2) The average number of days required to fill such
a vacancy at a remote and isolated military
installation in comparison to filling a vacancy of a
position with the same duties (to the greatest extent
practicable) at such other installations.
(3) Any recommendations on additional hiring
incentives for civilian support services positions
described in subsection (b)(1)(A) at a remote or
isolated installations, and any recommendations on ways
to ensure that such positions described in subsection
(b)(1)(B) are able to effectively staff positions in
order to meet the mission of their applicable military
installation.
(b) Definitions.--In this section--
(1) the term ``civilian support services positions''
means--
(A) any position within the civil service (as
that term is defined in section 2101 of title
5, United States Code), including any
nonappropriated fund (NAF) position; and
(B) any Federal contractor (or subcontractor
at any tier); and
(2) the term ``military installation'' has the
meaning given that term in section 2801 of title 10,
United States Code.
----------
273. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. COMPTROLLER GENERAL REPORT ON ACCELERATION AND IMPROVEMENT OF
ENVIRONMENTAL CLEANUP OF VIEQUES AND CULEBRA,
PUERTO RICO.
(a) Report Required.--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 congressional defense
committees a report containing the results of a study conducted
by the Comptroller General on the status of the Federal cleanup
and decontamination process in the island-municipalities of
Vieques and Culebra, Puerto Rico.
(b) Contents.--The study shall include a comprehensive
analysis of the following:
(1) The pace of ongoing cleanup and environmental
restoration efforts in the former military training
sites in Vieques and Culebra.
(2) Any potential alternatives to accelerate the
completion of such efforts, including their associated
costs.
(3) Any effects such alternatives might have on the
public health and safety of island residents and steps
that can be taken to mitigate risks.
(4) The views of residents of Vieques and Culebra
regarding actions that should be taken to achieve the
cleanup process more expeditiously and successfully.
(5) Any adverse health outcomes resulting from toxic
matter at the sites or cleanup procedure in and avenues
to compensate local communities for economic losses and
medical costs incurred.
(6) The economic impact that the cleanup process has
had on local residents due to restricted use of land
for tourism and other activities and avenues to
compensate local communities for economic losses.
----------
274. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. PROHIBITION ON USE OF FUNDS FOR AERIAL FUMIGATION IN
COLOMBIA.
None of the amounts authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2022 may be used to directly conduct, support,
assist, or contribute to the performance of the aerial
fumigation of crops in Colombia.
----------
275. An Amendment To Be Offered by Representative O'halleran of Arizona
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title III, insert the following
new section:
SEC. 3__. REPORT ON EFFECTS OF WILDFIRE AND DROUGHT CONDITIONS ON
MILITARY READINESS AT UNITED STATES NAVAL
OBSERVATORY FLAGSTAFF STATION.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the effects of
wildfire and persistent drought conditions at the United States
Naval Observatory Flagstaff Station. Such report shall include
the following:
(1) A detailed description of the threat that such
conditions pose to the United States Naval Observatory
Flagstaff Station, including with respect to the
mission of the facility, continued operations, military
readiness, military and civilian workforce, housing,
and access to water at the facility.
(2) Recommendations for actions to be taken by the
Secretary of Defense, and by Congress, to ensure the
continued and safe operations of the facility.
----------
276. An Amendment To Be Offered by Representative O'halleran of Arizona
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title X, insert the following:
SEC. 10__. ASSESSMENT OF SUICIDE RISK AT MILITARY INSTALLATIONS.
(a) Procedure.--The Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness and in
collaboration with the Defense Suicide Prevention Office. shall
establish a procedure for assessing suicide risk at military
installations.
(b) 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 strategy
and procedure for assessing suicide risk at military
installations.
----------
277. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XV add the following:
SEC. 15__. REVIEW OF DEFINITIONS ASSOCIATED WITH CYBERSPACE OPERATIONS
FORCES.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, acting through the
Principal Cyber Advisor of the Department of Defense and the
Principal Cyber Advisors of the military departments, shall
review and update the memorandum of the Secretary of Defense
dated December 12, 2019, concerning the definition of the term
``Department of Defense Cyberspace Operations Forces (DoD
COF)''. The review shall include--
(1) a comprehensive assessment of units and
components of the Department of Defense conducting
defensive cyberspace operations which are not currently
included in such definition; and
(2) a revised definition for such term that includes
such units and components within the Cyberspace
Operations Forces.
----------
278. An Amendment To Be Offered by Representative Panetta of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVI, add the following:
SEC. 16__. PLAN ON PILOT PROGRAM FOR DEPLOYMENT OF DEDICATED X-BAND
SMALL SATELLITE COMMUNICATIONS.
(a) Plans.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Assistant Secretary
of Defense for Special Operations and Low-Intensity
Conflict and the Assistant Secretary of the Air Force
for Space Acquisition and Integration, shall jointly
submit to the congressional defense committees a plan
for a pilot program for the deployment of dedicated X-
band small satellite communications technologies that
may support current and future requirements of special
operations forces.
(2) Plan elements.--The plan submitted under
paragraph (1) shall include the following:
(A) A description of authorities that would
be used to execute the proposed pilot program.
(B) A timeline for the implementation and
duration of the proposed pilot program.
(C) An identification of the dedicated X-band
small satellite communication technologies
required to implement the proposed pilot
program.
(D) The costs, per fiscal year, for the
development, deployment, and operations of the
proposed pilot program.
(E) A comprehensive description and
assessment of the proposed pilot program.
(F) Such recommendations for legislative or
administrative action the Assistant Secretaries
jointly determine appropriate, including the
feasibility of--
(i) extending the term of the
proposed pilot program; or
(ii) expanding the proposed pilot
program to other activities of the
Department of Defense beyond special
operations forces.
(b) Special Operations Forces Defined.--The term ``special
operations forces'' means forces described under section 167(j)
of title 10, United States Code.
----------
279. An Amendment To Be Offered by Representative Pappas of New
Hampshire or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, insert the following:
SEC. 5__. RECORD OF MILITARY SERVICE FOR MEMBERS OF THE ARMED FORCES.
(a) Standard Record of Service Required.--Chapter 59 of title
10, United States Code, is amended by inserting after section
1168 the following new sections:
``Sec. 1168a. Discharge or release: record of military service
``(a) Record of Service Required.--(1) The Secretary of
Defense shall establish and implement a standard record of
military service for all members of the armed forces (including
the reserve components), regarding all duty under this title,
title 32, and title 14.
``(2) The record established under this section shall be
known as the `Certificate of Military Service'.
``(b) Nature and Scope.--A Certificate of Military Service
shall--
``(1) provide a standardized summary of the service,
in any Federal duty status or on State active duty, in
the armed forces of a member of the armed forces;
``(2) be the same document for all members of the
armed forces; and
``(3) serve as the discharge certificate or
certificate of release from active duty for purposes of
section 1168 of this title.
``(c) Coordination.--In carrying out this section, the
Secretary of Defense shall coordinate with other Federal
officers, including the Secretary of Veterans Affairs, to
ensure that a Certificate of Military Service serves as
acceptable proof of military service for receipt of benefits
under the laws administered by such Federal officers.''.
(b) Issuance to Members of Reserve Components.--Chapter 59 of
such title, as amended by subsection (a), is further amended by
inserting after section 1168a the following new section:
``Sec. 1168b. Record of military service: issuance to members of
reserve components
``An up-to-date record of military service under section
1168a of this title shall be issued to a member of a reserve
component as follows:
``(1) Upon permanent change to duty status (including
retirement, resignation, expiration of a term of
service, promotion or commissioning as an officer, or
permanent transfer to active duty).
``(2) Upon discharge or release from temporary active
duty orders (minimum of 90 days on orders or 30 days
for a contingency operation).
``(3) Upon promotion to each grade beginning with--
``(A) O-3 for commissioned officers;
``(B) W-3 for warrant officers; and
``(C) E-4 for enlisted members.
``(4) In the case of a member of the National Guard,
upon any transfer to the National Guard of another
State or territory (commonly referred to as an
`Interstate Transfer').''.
(c) Conforming Amendments Related to Current Discharge
Certificate Authorities.--
(1) In general.--Subsection (a) of section 1168 of
title 10, United States Code, is amended--
(A) by striking ``his discharge certificate
or certificate of release from active duty,
respectively, and his final pay'' and inserting
``the member's record of military service under
section 1168a of this title, and the member's
final pay''; and
(B) by striking ``him or his'' and inserting
``the member or the member's''.
(2) Heading amendment.--The heading of such section
1168 is amended to read as follows:
``Sec. 1168. Discharge or release from active duty: limitations;
issuance of record of military service''.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 59 of such title is amended by striking
the item relating to section 1168 and inserting the following
new items:
``1168. Discharge or release from active duty: limitations; issuance of
record of military service.
``1168a. Discharge or release: record of military service.
``1168b. Record of military service: issuance to members of reserve
components.''.
____________________________________________________
280. An Amendment To Be Offered by Representative Pappas of New
Hampshire or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. 5__. GUIDELINES FOR ACTIVE DUTY MILITARY ON POTENTIAL RISKS AND
PREVENTION OF TOXIC EXPOSURES.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of
Veterans Affairs, in consultation with the Secretary of Health
and Human Services and the Administrator of the Environmental
Protection Agency, shall jointly coordinate and establish
guidelines to be used during training of members of the Armed
Forces serving on active duty to provide the members awareness
of the potential risks of toxic exposures and ways to prevent
being exposed during combat.
----------
281. An Amendment To Be Offered by Representative Pappas of New
Hampshire or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, add the following:
SEC. 746. STUDY AND REPORT ON RATE OF CANCER-RELATED MORBIDITY AND
MORTALITY.
(a) In General.--The Secretary of Defense shall conduct, or
enter into a contract with an appropriate federally funded
research and development center to conduct, a study to assess
whether individuals (including individuals on active duty or in
a reserve component or the National Guard) assigned to the
Pease Air Force Base and Pease Air National Guard Base for a
significant period of time during the period of 1970 through
2020 experience a higher-than-expected rate of cancer-related
morbidity and mortality as a result of time on base or
exposures associated with time on base compared to the rate of
cancer-related morbidity and mortality of the general
population of the United States, accounting for differences in
sex, age, and race.
(b) Completion; Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Defense shall
provide for--
(1) the completion of the study under subsection (a);
and
(2) the submission of a report on the results of the
study to the Committees on Armed Services of the Senate
and House of Representatives.
(c) Definition.--In this section, the term ``significant
period of time'' shall be defined by the Secretary of Defense
or by the entity conducting the study under subsection (a), as
the Secretary determines appropriate.
----------
282. An Amendment To Be Offered by Representative Peters of California
or His Designee, Debatable for 10 Minutes
At the appropriate place subtitle H of title XXVIII, insert
the following new section:
SEC. 28__ INCLUSION OF CLIMATE RESILIENCE SERVICES IN THE COMBATANT
COMMANDER INITIATIVE FUND.
Section 166a(b) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:
``(11) Climate resilience of military installations
and essential civilian infrastructure.
``(12) Military support to civilian and military
authorities to combat illegal wildlife trafficking,
illegal timber trafficking, and illegal, unreported, or
unregulated fishing.''.
----------
283. An Amendment To Be Offered by Representative Peters of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. 5__. GAO REPORT ON USE OF TRANSITION PROGRAMS BY MEMBERS OF
SPECIAL OPERATIONS FORCES.
(a) Study.--The Comptroller General of the United States
shall review the use of DOD transition programs by members
assigned to special operations forces.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall provide to
the Committees on Armed Services of the Senate and House of
Representatives a briefing on the preliminary findings of such
review.
(c) Report.--The Comptroller General shall submit to the
committees identified in paragraph (b) a report containing the
final results of such review on a date agreed to at the time of
the briefing. The GAO review shall include an examination of
the following:
(1) The extent to which members assigned to special
operations forces participate in DOD transition
programs.
(2) What unique challenges such members face in make
the transition to civilian life and the extent to which
existing DOD transition programs address those
challenges.
(3) The extent to which the Secretary directs such
members to transition resources provided by non-
governmental entities.
(d) Definitions.--In this section:
(1) The term ``DOD transition programs'' means
programs (including TAP and Skillbridge) under laws
administered by the Secretary of Defense that help
members of the Armed Forces make the transition to
civilian life.
(2) The term ``Skillbridge'' means an employment
skills training program under section 1143(e) of title
10, United States Code
(3) The term ``special operations forces'' means the
forces described in section 167(j) of title 10, United
States Code.
(4) The term ``TAP'' means the Transition Assistance
Program under sections 1142 and 1144 of title 10,
United States Code.
----------
284. An Amendment To Be Offered by Representative Pfluger of Texas or
His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following new section:
SEC. 51__. STUDY ON INCIDENCE AND MORTALITY OF CANCER AMONG FORMER
AIRCREW OF THE NAVY, AIR FORCE, AND MARINE CORPS.
(a) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
seek to enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine under which the National
Academies shall conduct a study of the incidence and mortality
of cancers among covered individuals.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) Identification of chemicals, compounds, agents,
and other phenomena that cause elevated cancer
incidence and mortality risks among covered
individuals, including a nexus study design to
determine whether there is a scientifically established
causal link between such a chemical, compound, agent,
or other phenomena and such cancer incidence or
mortality risk.
(2) An assessment of not fewer than 10 types of
cancer that are of the greatest concern with respect to
exposure by covered individuals to the chemicals,
compounds, agents, and other phenomena identified under
paragraph (1), which may include colon and rectum
cancers, pancreatic cancer, melanoma skin cancer,
prostate cancer, testis cancer, urinary bladder cancer,
kidney cancer, brain cancer, thyroid cancer, lung
cancer, and non-Hodgkin lymphoma.
(3) A review of all available sources of relevant
data, including health care databases of the Department
of Veterans Affairs and the Department of Defense and
the national death index, and the study conducted under
section 750 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 3716).
(c) Submission.--
(1) Study.--Upon completion of the study under
subsection (a), the National Academies shall submit to
the Secretary of Veterans Affairs, the Secretary of
Defense, the Secretary of the Navy, the Secretary of
the Air Force, and the Committees on Veterans' Affairs
of the House of Representatives and the Senate the
study.
(2) Report.--Not later than December 31, 2025, the
Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the study
under subsection (a), including--
(A) the specific actions the Secretary is
taking to ensure that the study informs the
evaluation of disability claims made to the
Secretary, including with respect to providing
guidance to claims examiners and revising the
schedule of ratings for disabilities under
chapter 11 of title 38, United States Code; and
(B) any recommendations of the Secretary.
(3) Form.--The report under paragraph (2) shall be
submitted in unclassified form.
(d) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who served in the
regular or reserve components of the Navy, Air Force, or Marine
Corps, as an air crew member of a fixed-wing aircraft or
personnel supporting generation of the aircraft, including
pilots, navigators, weapons systems operators, aircraft system
operators, personnel associated with aircraft maintenance,
supply, logistics, fuels, or transportation, and any other crew
member who regularly flew in an aircraft or was required to
complete the mission of the aircraft.
----------
285. An Amendment To Be Offered by Representative Pfluger of Texas or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. __. BALTIC REASSURANCE ACT.
(a) Findings.--Congress finds the following:
(1) The Russian Federation seeks to diminish the
North Atlantic Treaty Organization (NATO) and recreate
its sphere of influence in Europe using coercion,
intimidation, and outright aggression.
(2) Deterring the Russian Federation from such
aggression is vital for transatlantic security.
(3) The illegal occupation of Crimea by the Russian
Federation and its continued engagement of
destabilizing and subversive activities against
independent and free states is of increasing concern.
(4) The Russian Federation also continues to
disregard treaties, international laws and rights to
freedom of navigation, territorial integrity, and
sovereign international borders.
(5) The Russian Federation's continued occupation of
Georgian and Ukrainian territories and the sustained
military buildup in the Russian Federation's Western
Military District and Kaliningrad has threatened
continental peace and stability.
(6) The Baltic countries of Estonia, Latvia, and
Lithuania are particularly vulnerable to an
increasingly aggressive and subversive Russian
Federation.
(7) In a declaration to celebrate 100 years of
independence of Estonia, Latvia, and Lithuania issued
on April 3, 2018, the Trump Administration reaffirmed
United States commitments to these Baltic countries to
``improve military readiness and capabilities through
sustained security assistance'' and ``explore new ideas
and opportunities, including air defense, bilaterally
and in NATO, to enhance deterrence across the region''.
(8) These highly valued NATO allies of the United
States have repeatedly demonstrated their commitment to
advancing mutual interests as well as those of the NATO
alliance.
(9) The Baltic countries also continue to participate
in United States-led exercises to further promote
coordination, cooperation, and interoperability among
allies and partner countries, and continue to
demonstrate their reliability and commitment to provide
for their own defense.
(10) Lithuania, Latvia, and Estonia each hosts a
respected NATO Center of Excellence that provides
expertise to educate and promote NATO allies and
partners in areas of vital interest to the alliance.
(11) United States support and commitment to allies
across Europe has been a lynchpin for peace and
security on the continent for over 70 years.
(b) Sense of Congress.--It is the sense of Congress as
follows:
(1) The United States is committed to the security of
the Baltic countries and should strengthen cooperation
and support capacity-building initiatives aimed at
improving the defense and security of such countries.
(2) The United States should lead a multilateral
effort to develop a strategy to deepen joint
capabilities with Lithuania, Latvia, Estonia, NATO
allies, and other regional partners, to deter against
aggression from the Russian Federation in the Baltic
region, specifically in areas that would strengthen
interoperability, joint capabilities, and military
readiness necessary for Baltic countries to strengthen
their national resilience.
(3) The United States should explore the feasibility
of providing long range, mobile air defense systems in
the Baltic region, including through leveraging cost-
sharing mechanisms and multilateral deployment with
NATO allies to reduce financial burdens on host
countries.
(c) Defense Assessment.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense
shall, in consultation with appropriate counterparts of
Lithuania, Latvia, Estonia, North Atlantic Treaty
Organization (NATO) allies, and other regional
partners, conduct a comprehensive, multilateral
assessment of the military requirements of such
countries to deter and resist aggression by the Russian
Federation that--
(A) provides an assessment of past and
current initiatives to improve the efficiency,
effectiveness, readiness, and interoperability
of Lithuania, Latvia, and Estonia's national
defense capabilities; and
(B) assesses the manner in which to meet
those objectives, including future resource
requirements and recommendations, by
undertaking activities in the following areas:
(i) Activities to increase the
rotational and forward presence,
improve the capabilities, and enhance
the posture and response readiness of
the United States or forces of NATO in
the Baltic region.
(ii) Activities to improve air
defense systems, including modern air-
surveillance capabilities.
(iii) Activities to improve counter-
unmanned aerial system capabilities.
(iv) Activities to improve command
and control capabilities through
increasing communications, technology,
and intelligence capacity and
coordination, including secure and
hardened communications.
(v) Activities to improve
intelligence, surveillance, and
reconnaissance capabilities.
(vi) Activities to enhance maritime
domain awareness.
(vii) Activities to improve military
and defense infrastructure, logistics,
and access, particularly transport of
military supplies and equipment.
(viii) Investments to ammunition
stocks and storage.
(ix) Activities and training to
enhance cyber security and electronic
warfare capabilities.
(x) Bilateral and multilateral
training and exercises.
(xi) New and existing cost-sharing
mechanisms with United States and NATO
allies to reduce financial burden.
(2) Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a
report that includes each of the following:
(A) A report on the findings of the
assessment conducted pursuant to subsection
(a).
(B) A list of any recommendations resulting
from such assessment.
(C) An assessment of the resource
requirements to achieve the objectives
described in subsection (a)(1) with respect to
the national defense capability of Baltic
countries, including potential investments by
host countries.
(D) A plan for the United States to use
appropriate security cooperation authorities or
other authorities to--
(i) facilitate relevant
recommendations included in the list
described in paragraph (2);
(ii) expand joint training between
the Armed Forces and the military of
Lithuania, Latvia, or Estonia,
including with the participation of
other NATO allies; and
(iii) support United States foreign
military sales and other equipment
transfers to Baltic countries
especially for the activities described
in subparagraphs (A) through (I) of
subsection (a)(2).
(d) Congressional Defense Committees Defined.--For purposes
of this section, the term ``congressional defense committees''
includes--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
----------
286. An Amendment To Be Offered by Representative Pfluger of Texas or
His Designee, Debatable for 10 Minutes
Page 819, line 13, strike ``(25)'' and insert ``(26)''.
Page 819, after line 19, insert the following:
``(25) A detailed description of--
``(A) how Russian private military companies
are being utilized to advance the political,
economic, and military interests of the Russian
Federation;
``(B) the direct or indirect threats Russian
private military companies present to United
States security interests;
``(C) how sanctions that are currently in
place to impede or deter Russian private
military companies from continuing their malign
activities have impacted the Russian private
military companies' behavior; and
``(D) all foreign persons engaged
significantly with Russian private military
companies.''.
----------
287. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XIII, add the following:
SEC. 13_. GAO STUDY ON DEPARTMENT OF DEFENSE SUPPORT FOR OTHER
DEPARTMENTS AND AGENCIES OF THE UNITED STATES
GOVERNMENT THAT ADVANCE DEPARTMENT OF DEFENSE
SECURITY COOPERATION OBJECTIVES.
(a) In General.--The Comptroller General of the United States
shall conduct a study on the use and implementation of the
authority of section 385 of title 10, United States Code,
relating to Department of Defense support for other departments
and agencies of the United States Government that advance
Department of Defense security cooperation objectives.
(b) Matters to Be Included.--The study required by subsection
(a) shall include the following:
(1) A review of the use and implementation of the
authority of section 385 of title 10, United States
Code, and congressional intent of such authority.
(2) An identification of the number of times such
authority has been used.
(3) An identification of the challenges associated
with the use of such authority.
(4) A description of reasons for lack of the use of
such authority, if any.
(5) An identification of potential legislative
actions for Congress to address with respect to such
authority.
(6) An identification of potential executive actions
for the Department of Defense to address with respect
to such authority.
(c) Report.--
(1) In general.--The Comptroller General shall submit
to the appropriate congressional committees a report
that contains the results of the study required by
subsection (a).
(2) Appropriate congressional committees defined.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) congressional defense committees; and
(B) the Committee on Foreign Affairs of the
House of Representatives and the Committee on
Foreign Relations of the Senate.
----------
288. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. GAO STUDY ON FOREIGN SERVICE INSTITUTE'S SCHOOL OF LANGUAGE
STUDIES.
(a) In General.--The Comptroller General of the United States
shall conduct a study on whether the Foreign Service
Institute's School of Language Studies curriculum and
instruction effectively prepares United States Government
employees to advance United States diplomatic and national
security priorities abroad.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) an analysis of the teaching methods used at the
Foreign Service Institute's School of Language Studies;
(2) a comparative analysis on the benefits of
language proficiency compared to practical job oriented
language learning;
(3) an analysis of whether the testing regiment at
the School of Language Studies is an effective measure
of ability to communicate and carry out an employee's
duties abroad; and
(4) an analysis of qualifications for training
specialists and language and culture instructors at the
School of Language Studies.
----------
289. 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 VII, insert the following
new section:
SEC. 7__. ACCESS TO CERTAIN DEPENDENT MEDICAL RECORDS BY REMARRIED
FORMER SPOUSES.
(a) Access.--The Secretary of Defense may authorize a
remarried former spouse who is a custodial parent of a
dependent child to retain electronic access to the privileged
medical records of such dependent child, notwithstanding that
the former spouse is no longer a dependent under section
1072(2) of title 10, United States Code.
(b) Definitions.--In this section:
(1) The term ``dependent'' has the meaning given that
term in section 1072 of title 10, United States Code.
(2) The term ``dependent child'' means a dependent
child of a remarried former spouse and a member or
former member of a uniformed service.
(3) The term ``remarried former spouse'' means a
remarried former spouse of a member or former member of
a uniformed service.
----------
290. An Amendment To Be Offered by Representative Plaskett of Virgin
Islands or Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, insert the following:
SEC. 10__. REPORT ON DEPARTMENT OF DEFENSE MILITARY CAPABILITIES IN THE
CARIBBEAN.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Secretary of
Homeland Security, shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
United States military capabilities in the Caribbean basin,
particularly in and around Puerto Rico and the United States
Virgin Islands.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the value, feasibility, and cost
of increasing United States military capabilities in
the Caribbean basin, particularly in and around Puerto
Rico and the United States Virgin Islands, to--
(A) combat transnational criminal
organizations and illicit narcotics and weapons
trafficking in the Caribbean basin,
particularly in and around Puerto Rico and the
United States Virgin Islands;
(B) improve surveillance capabilities and
maximize the effectiveness of counter-
trafficking operations in the Caribbean region;
(C) ensure, to the greatest extent possible,
that United States Northern Command and United
States Southern Command have the necessary
assets to support and increase measures to
detect, interdict, disrupt, or curtail illicit
narcotics and weapons trafficking activities
within their respective areas of operations in
the Caribbean basin;
(D) respond to malign influences of foreign
governments, particularly including non-market
economies, in the Caribbean basin that harm
United States national security and regional
security interests in the Caribbean basin and
in the Western Hemisphere;
(E) increase supply chain resiliency and
near-shoring in global trade; and
(F) strengthen the ability of the security
sector to respond to, and become more resilient
in the face of, major disasters, including to
ensure critical infrastructure and ports can
come back online rapidly following disasters.
(2) An assessment of United States military force
posture in the Caribbean basin, particularly in and
around Puerto Rico and the United States Virgin
Islands, and relevant locations in the Caribbean basin.
(c) Form of Report.--The report required under subsection (a)
shall be submitted in unclassified form without any designation
relating to dissemination control, but may include a classified
annex.
----------
291. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXVIII insert the
following:
SEC. 28__. SCREENING AND REGISTRY OF INDIVIDUALS WITH HEALTH CONDITIONS
RESULTING FROM UNSAFE HOUSING UNITS.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2895. Screening and registry of individuals with health
conditions resulting from unsafe housing units
``(a) Screening.--
``(1) In general.--The Secretary of Defense, in
consultation with appropriate scientific agencies as
determined by the Secretary, shall ensure that all
military medical treatment facilities screen eligible
individuals for covered conditions.
``(2) Establishment of procedures.--The Secretary may
establish procedures through which screening under
paragraph (1) may allow an eligible individual to be
included in the registry under subsection (b).
``(b) Registry.--
``(1) In general.--The Secretary of Defense shall
establish and maintain a registry of eligible
individuals who have a covered condition.
``(2) Inclusion of information.--The Secretary shall
include any information in the registry under paragraph
(1) that the Secretary determines necessary to
ascertain and monitor the health of eligible
individuals and the connection between the health of
such individuals and an unsafe housing unit.
``(3) Public information campaign.--The Secretary
shall develop a public information campaign to inform
eligible individuals about the registry under paragraph
(1), including how to register and the benefits of
registering.
``(c) Definitions.--In this section:
``(1) The term `covered condition' means a medical
condition that is determined by the Secretary of
Defense to have resulted from residing in an unsafe
housing unit.
``(2) The term `eligible individual' means a member
of the armed forces or a family member of a member of
the armed forces who has resided in an unsafe housing
unit.
``(3) The term `unsafe housing unit' means a dwelling
unit that--
``(A) does not meet the housing quality
standards established under section 8(o)(8)(B)
of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(8)(B)); or
``(B) is not free from dangerous air
pollution levels from mold.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 2894a the following new item:
``2895. Screening and registry of individuals with health conditions
resulting from unsafe housing units.''.
____________________________________________________
292. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXVIII insert the
following:
SEC. 28__. MANDATORY DISCLOSURE OF PRESENCE OF MOLD AND HEALTH EFFECTS
OF MYCOTOXINS BEFORE A LEASE IS SIGNED FOR
PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, is amended by inserting after section 2890
the following new section:
``Sec. 2890a. Disclosure of presence of mold and health effects of
mycotoxins
``The Secretary of Defense shall require that each landlord,
before signing a lease with a prospective tenant for a housing
unit, disclose to such prospective tenant--
``(1) whether there is any mold present in the
housing unit at levels that could cause harmful impacts
on human health; and
``(2) information regarding the health effects of
mycotoxins.''.
(b) Clerical Amendment.--The table of sections for such
subchapter is amended by inserting after the item relating to
section 2890 the following new item:
``2890a. Disclosure of presence of mold and health effects of
mycotoxins.''.
____________________________________________________
293. An Amendment To Be Offered by Representative Porter of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title XXVIII insert the
following:
SEC. __. MODIFICATION OF PROHIBITION ON OWNERSHIP OR TRADING OF STOCKS
IN CERTAIN COMPANIES BY CERTAIN OFFICIALS OF THE
DEPARTMENT OF DEFENSE.
Section 988(a) of title 10, United States Code, is amended by
striking ``if that company is one of the 10 entities awarded
the most amount of contract funds by the Department of Defense
in a fiscal year during the five preceding fiscal years'' and
inserting ``if, during the preceding calendar year, the company
received more than $1,000,000,000 in revenue from the
Department of Defense, including through 1 or more contracts
with the Department''.
----------
294. An Amendment To Be Offered by Representative Radewagen of American
Samoa or Her Designee, Debatable for 10 Minutes
Page 833, after line 5, insert the following:
(3) By redesignating paragraph (14) as paragraph
(15).
(4) By inserting after paragraph (13) the following:
``(14) An analysis of the activities of the People's
Republic of China in the Pacific Islands region.''.
----------
295. An Amendment To Be Offered by Representative Raskin of Maryland or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. REQUIREMENT FOR SEPARATE PROGRAM ELEMENT FOR THE MULTI-
MEDICINE MANUFACTURING PLATFORM PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress has maintained a strong interest in
critical materials subject to significant supply chain
disruptions, particularly those for which the
predominant supply sources are potential adversaries;
(2) as a result, Congress wishes to increase
transparency regarding funding and progress of the
multi-medicine manufacturing platform program of the
Office of Naval Research; and
(3) that program's unique manufacturing platform will
ensure that members of the armed forces have access to
essential medicines, particularly for those deployed,
whether on land or at sea.
(b) Program Element Required.--In the materials submitted by
the Secretary of the Navy in support of the budget of the
President for fiscal year 2025 and each fiscal year thereafter
(as submitted to Congress pursuant to section 1105 of title 31,
United States Code), the Secretary shall include a separate
program element for the multi-medicine manufacturing platform
program under the accounts of the Office of Naval Research.
----------
296. 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 I, add the following new
section:
SEC. 1__. PROCUREMENT AUTHORITY FOR COMMERCIAL ENGINEERING SOFTWARE.
(a) Procurement Authority.--The Secretary of the Air Force
may enter into one or more contracts for the procurement of
commercial engineering software to meet the digital
transformation goals and objectives of the Department of the
Air Force.
(b) Inclusion of Program Element in Budget Materials.--In the
materials submitted by the Secretary of the Air Force in
support of the budget of the President for fiscal year 2024 (as
submitted to Congress pursuant to section 1105 of title 31,
United States Code), the Secretary shall include a program
element dedicated to the procurement and management of the
commercial engineering software described in subsection (a).
(c) Review.--In carrying out subsection (a), the Secretary of
the Air Force shall--
(1) review the commercial physics-based simulation
marketspace; and
(2) conduct research on providers of commercial
software capabilities that have the potential to
expedite the progress of digital engineering
initiatives across the weapon system enterprise, with a
particular focus on capabilities that have the
potential to generate significant life-cycle cost
savings, streamline and accelerate weapon system
acquisition, and provide data-driven approaches to
inform investments by the Department of the Air Force.
(d) Report.--Not later than March 1, 2023, the Secretary of
the Air Force shall submit to the congressional defense
committees a report that includes--
(1) an analysis of specific physics-based simulation
capability manufacturers that deliver high mission
impact with broad reach into the weapon system
enterprise of the Department of the Air Force; and
(2) a prioritized list of programs and offices of the
Department of the Air Force that could better utilize
commercial physics-based modeling and simulation and
opportunities for the implementation of such modeling
and simulation capabilities within the Department.
----------
297. 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, insert the following:
SEC. 5__. INCLUSION OF PURPLE HEART AWARDS ON MILITARY VALOR WEBSITE.
The Secretary of Defense shall ensure that the publicly
accessible internet website of the Department of Defense that
lists individuals who have been awarded certain military awards
includes a list of each individual who meets each of the
following criteria:
(1) The individual is awarded the Purple Heart for
qualifying actions that occur after the date of the
enactment of this Act.
(2) The individual elects to be included on such list
(or, if the individual is deceased, the primary next of
kin elects the individual to be included on such list).
(3) The public release of the individual's name does
not constitute a security risk, as determined by the
Secretary of the military department concerned.
----------
298. 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 I, add the following new
section:
SEC. 1__. SENSE OF CONGRESS REGARDING UNITED STATES AIR NATIONAL GUARD
REFUELING MISSION.
It is the sense of Congress that--
(1) the refueling mission of the reserve components
of the Air Force is essential to ensuring the national
security of the United States and our allies;
(2) this mission provides for aerial aircraft
refueling essential to extending the range of aircraft,
which is a critical capability when facing the current
threats abroad; and
(3) the Air Force should ensure any plan to retire
KC-135 aircraft includes equal replacement with KC-46A
aircraft.
----------
299. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XVI, add the following:
SEC. __. REPORT ON GUN LAUNCHED INTERCEPTOR TECHNOLOGIES.
Not later than March 31, 2023, the Secretary of Defense,
acting through the Commanding General of the Army Space and
Missile Defense Command, shall submit to the congressional
defense committees a report containing--
(1) an assessment of the need for gun launched
interceptor technologies; and
(2) a funding profile, by year, of the total cost of
integrating and testing such technologies that are
under development.
----------
300. An Amendment To Be Offered by Representative Reschenthaler of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title XVI, add the following:
SEC. __. REPORT ON RADIATION HARDENED, THERMALLY INSENSITIVE TELESCOPES
FOR SM-3 INTERCEPTOR.
Not later than March 31, 2023, the Secretary of Defense,
acting through the Director of the Missile Defense Agency,
shall submit to the congressional defense committees a report
containing--
(1) an assessment of the requirement to develop
radiation hardened, thermally insensitive sensors for
missile defense; and
(2) a funding profile, by year, of the total cost of
integrating and testing such sensors that are under
development.
----------
301. 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.
----------
302. 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, insert the following
new section:
SEC. 2__. FUNDING FOR ROBOTICS SUPPLY CHAIN RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for Research, Development, Test,
and Evaluation, Defense-Wide, as specified in the corresponding
funding table in section 4201, for Defense Wide Manufacturing
Science and Technology Program, Line 054, is hereby increased
by $15,000,000, for Robotics Supply Chain Research.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for Army, as specified in the
corresponding funding table in section 4201, for Integrated
Personnel and Pay System Army, Line 123, is hereby reduced by
$15,000,000.
----------
303. 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, insert the following
new section:
SEC. 2__. FUNDING FOR ENTERPRISE DIGITAL TRANSFORMATION WITH COMMERCIAL
PHYSICS SIMULATION.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for Research, Development, Test,
and Evaluation, Air Force, as specified in the corresponding
funding table in section 4201, for the Department of the Air
Force Tech Architecture, Line 040, is hereby increased by
$9,000,000, for Enterprise Digital Transformation with
Commercial Physics Simulation.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for Research, Development, Test,
and Evaluation, Air Force, as specified in the corresponding
funding table in section 4201, for Stand-In Attack Weapon, Line
096, is hereby reduced by $9,000,000.
----------
304. An Amendment To Be Offered by Representative Rouzer of North
Carolina or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. REPORT ON DEPARTMENT OF DEFENSE FLOOD MAPPING EFFORTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the flood mapping
efforts of the Department of Defense. Such report shall
address--
(1) how frequently the Department updates such flood
maps;
(2) the resources used to undertake flood mapping
projects; and
(3) whether, and if so, how, such maps are
incorporated into broader flood maps of the Federal
Emergency Management Agency.
----------
305. An Amendment To Be Offered by Representative Ryan of Ohio or His
Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, insert the following
new section:
SEC. 7__. GAO STUDY ON ACCESS TO EXCEPTIONAL FAMILY MEMBER PROGRAM AND
EXTENDED CARE HEALTH OPTION PROGRAM BY MEMBERS OF
RESERVE COMPONENTS.
(a) Study and Report.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct a study to determine the barriers to
members of the reserve components accessing the
Extended Care Health Option program and the Exceptional
Family Member program of the Department of Defense; and
(2) submit to the Secretary of Defense and the
congressional defense committees a report containing
the findings of such study.
(b) Elements.--The report under subsection (a)(2) shall
include the following:
(1) A description of the methodology used by the
Department of Defense to disseminate information
regarding the eligibility of members of the reserve
components for the Extended Care Health Option program
and the Exceptional Family Member program upon such
members commencing the performance of Active Guard and
Reserve duty.
(2) An identification of the timeline of the
enrollment process for members of the reserve
components in such programs and any effects of delayed
enrollment, such as exclusion from benefits or
resources.
(3) An identification of impediments to enrollment in
such programs among such members, including an
assessment of the following:
(A) The availability of resources under such
programs, including specialist providers under
the Exceptional Family Member program, at the
time of enrollment in such programs.
(B) The availability of support under such
programs at facilities of the reserve
components.
(C) Any misinformation provided to service
members seeking enrollment.
(4) With respect to the Exceptional Family Member
program--
(A) an identification of the number of
families with a family member eligible to
enroll in such program, disaggregated by
whether the member of the reserve component in
such family is performing Active Guard and
Reserve duty;
(B) an assessment of the effects of
navigating the process of enrollment in such
program on the mission to which the member is
assigned while performing Active Guard and
Reserve duty; and
(C) an identification of the number of
specialist providers and staff who support
reserve component members through such program.
(5) Recommendations on improving the dissemination of
information regarding the eligibility of members of the
reserve components for the Extended Care Health Option
program and the Exceptional Family Member program.
(6) Recommendations on improvements to such programs
with respect to the reserve components.
(c) Active Guard and Reserve Defined.--The term ``Active
Guard and Reserve'' has the meaning given such term in section
101(b) of title 10, United States Code.
----------
306. An Amendment To Be Offered by Representative Salazar of Florida or
Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title XVI, add the following:
SEC. 1609. REPORT ON STRATOSPHERIC BALLOONS, AEROSTATS, OR SATELLITE
TECHNOLOGY CAPABLE OF RAPIDLY DELIVERING WIRELESS
INTERNET.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Air Force and the Secretary of
State, in consultation with the Chief of Space Operations,
shall provide a report to the Senate Foreign Relations
Committee, House Foreign Affairs Committee, Senate Armed
Services Committee and House Armed Services Committee that
identifies opportunities to deploy stratospheric balloons,
aerostats, or satellite technology capable of rapidly
delivering wireless internet anywhere on the planet from the
stratosphere or higher. The report shall identify commercial as
well as options developed by the Department of Defense.
Additionally, the report shall provide an assessment of the
military utility of such opportunities.
----------
307. An Amendment To Be Offered by Representative Salazar of Florida or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title X, insert the following:
SEC. 10__. CONGRESSIONAL NOTIFICATION REGARDING PENDING RETIREMENT OF
NAVAL VESSELS VIABLE FOR ARTIFICIAL REEFING.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should explore and solicit artificial
reefing opportunities with appropriate entities for any naval
vessel planned for retirement before initiating any plans to
dispose of the vessel.
(b) Report.--Not later than 90 days before the retirement
from the Naval Vessel Register of any naval vessel that is a
viable candidate for artificial reefing, the Secretary of the
Navy shall submit to the Committees on Armed Services of the
Senate and House of Representatives notice of the pending
retirement of such vessel.
----------
308. An Amendment To Be Offered by Representative San Nicolas of Guam
or His Designee, Debatable for 10 Minutes
At the end of title LII, insert the following:
SEC. 52__. ACCESS TO MILITARY INSTALLATIONS FOR HOMELAND SECURITY
INVESTIGATIONS PERSONNEL IN GUAM.
The commander of a military installation located in Guam
shall grant to an officer or employee of Homeland Security
Investigations the same access to such military installation
(including the use of an APO or FPO box) such commander grants
to an officer or employee of U.S. Customs and Border Protection
or of the Federal Bureau of Investigation.
----------
309. An Amendment To Be Offered by Representative San Nicolas of Guam
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. BIANNUAL LEAK INSPECTIONS OF NAVY AND AIR FORCE UNDERGROUND
STORAGE TANKS ON GUAM.
(a) Navy.--The Secretary of the Navy shall ensure that
underground fuel storage tanks owned by the Navy and located on
Guam are checked for leaks at least once every six months.
(b) Air Force.--The Secretary of the Air Force shall ensure
that underground fuel storage tanks owned by the Air Force and
located on Guam are checked for leaks at least once every six
months.
----------
310. 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; and
(3) support building technological resilience to
misinformation and disinformation.
SEC. __. SENSE OF CONGRESS RELATING TO THE NATO PARLIAMENTARY ASSEMBLY.
It is the sense of Congress that the United States should--
(1) proactively engage with the North Atlantic Treaty
Organization (NATO) Parliamentary Assembly (PA) and its
member delegations;
(2) communicate with and educate the public on the
benefits and importance of NATO and NATO PA; and
(3) support increased inter-democracy and inter-
parliamentary cooperation on countering misinformation
and disinformation.
----------
311. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title XII, add the following:
SEC. 12_. REPORT ON EFFORTS OF NATO TO COUNTER MISINFORMATION AND
DISINFORMATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit to the
congressional committees specified in subsection (b) a report
on efforts of the North Atlantic Treaty Organization (NATO) and
NATO member states to counter misinformation and
disinformation.
(b) Congressional Committees Specified.--The congressional
committees specified in this subsection are the Committee on
Armed Services and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services
and the Committee on Foreign Relations of the Senate.
(c) Elements.--The report required by subsection (a) shall--
(1) assess--
(A) vulnerabilities of NATO member states and
NATO to misinformation and disinformation and
describe efforts to counter such activities;
(B) the capacity and efforts of NATO member
states and NATO to counter misinformation and
disinformation, including United States
cooperation with other NATO members states; and
(C) misinformation and disinformation
campaigns carried out by authoritarian states,
particularly Russia and China; and
(2) include recommendations to counter misinformation
and disinformation.
----------
312. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. __. IMPROVEMENTS TO THE NATO STRATEGIC COMMUNICATIONS CENTER OF
EXCELLENCE.
(a) Prioritization.--The Secretary of Defense shall seek to
prioritize funding through NATO's common budget to--
(1) enhance the capability, cooperation, and
information sharing among NATO, NATO member countries,
and partners, with respect to strategic communications
and information operations; and
(2) facilitate education, research and development,
lessons learned, and consultation in strategic
communications and information operations.
(b) Certification.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
certify to the appropriate congressional committees that the
Secretary has assigned executive agent responsibility for the
Center to an appropriate organization within the Department of
Defense, and detail the steps being under taken to strengthen
the role of Center in fostering strategic communications and
information operations within NATO.
(c) Report Required.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report outlining--
(1) the recommendations of the Secretary with respect
to improving strategic communications within NATO; and
(2) the recommendations of the Secretary with respect
to strengthening the role of the Center in fostering
strategic communications and information operations
within NATO.
(d) Briefings Required.--The Secretary of Defense shall brief
the appropriate congressional committees on a biannual basis
on--
(1) the efforts of the Department of Defense to
strengthen the role of the Center in fostering
strategic communications and information operations
within NATO;
(2) how the Department of Defense is working with the
NATO Strategic Communications Center of Excellence and
the interagency to improve NATO's ability to counter
and mitigate disinformation, active measures,
propaganda, and denial and deception activities of
Russia and China; and
(3) how the Department of Defense is developing ways
to improve strategic communications within NATO,
including by enhancing the capacity of and coordination
with the NATO Strategic Communications Center of
Excellence.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
(2) The Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
313. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__. FEASIBILITY STUDY ON INCLUSION ON THE VIETNAM VETERANS
MEMORIAL WALL OF THE NAMES OF THE LOST CREW MEMBERS
OF THE USS FRANK E. EVANS KILLED ON JUNE 3, 1969.
(a) In General.--The Secretary of Defense shall conduct a
study to determine the feasibility of including on the Vietnam
Veterans Memorial Wall in the District of Columbia the names of
the 74 crew members of the USS Frank E. Evans in service who
were killed on June 3, 1969. Such study shall include a
determination of--
(1) the cost of including such names; and
(2) whether there is sufficient space on the Wall for
the inclusion of such names.
(b) Consultation.--In conducting the study required under
subsection, the Secretary shall consult with members of the
Frank E. Evans Association, as well as survivors and family
members of the crew members who were killed.
----------
314. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following:
SEC. 8__. SENSE OF CONGRESS ON MODERNIZING DEFENSE SUPPLY CHAIN
MANAGEMENT.
(a) Findings.--Congress finds the following:
(1) The continued modernize Department of Defense
supply chain management using private sector best
practices where applicable is imperative to run
effective domestic and overseas operations, ensure
timely maintenance, and sustain military forces.
(2) Congress supports the continued development and
integration by the Secretary of Defense of advanced
digital supply chain management and capabilities. These
capabilities should include tools that digitize data
flows in order to transition from older, inefficient
manual systems, modernize warehouse operations of the
Department of Defense to use digitized data management
and inventory control, and maximize cybersecurity
protection of logistics processes.
(b) Sense of Congress.--It is the sense of Congress that, to
meet the unique needs of the Department of Defense regarding
continuity of supply chain management in both garrison and
deployed or austere environments, the Department must
prioritize digital supply chain management solutions that use
durable devices and technologies designed to operate in remote
regions with limited network connectivity.
----------
315. 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, insert the following:
SEC. 5__. GAO REPORT ON SCREENINGS INCLUDED IN THE HEALTH ASSESSMENT
FOR MEMBERS SEPARATING FROM THE ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on screenings included in the
health assessment administered to members separating from the
the Armed Forces. Such report shall include the following
elements:
(1) A list of screenings are included in such
assessment.
(2) Whether such screenings--
(A) are uniform across the Armed Forces;
(B) include questions to assess if the member
is at risk for social isolation, homelessness,
or substance abuse; and
(C) include questions about community.
(3) How many such screenings result in referral of a
member to--
(A) community services;
(B) community services other than medical
services; and
(C) a veterans service organization.
(4) An assessment of the effectiveness of referrals
described in paragraph (3).
(5) How organizations, including veterans service
organizations, perform outreach to members in
underserved communities.
(6) The extent to which organizations described in
paragraph (5) perform such outreach.
(7) The effectiveness of outreach described in
paragraph (6).
(8) The annual amount of Federal funding for services
and organizations described in paragraphs (3) and (5).
----------
316. An Amendment To Be Offered by Representative Schrier of Washington
or Her Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SEC. 5__. PUBLIC REPORTING ON CERTAIN MILITARY CHILD CARE PROGRAMS.
Not later than September 30, 2023, and each calendar quarter
thereafter, the Secretary of Defense shall post, on a publicly
accessible website of the Department of Defense, information
regarding the Military Child Care in Your Neighborhood and
Military Child Care in Your Neighborhood-Plus programs. Such
information shall include the following elements, disaggregated
by State, ZIP code, month, and Armed Force:
(1) The number of children, military families, and
child care providers who benefit from each program.
(2) Whether such providers are nationally accredited
or rated by the Quality Rating and Improvement System
of the State.
(3) The amounts of subsidy paid.
----------
317. An Amendment To Be Offered by Representative Scott of Georgia or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. __. SENSE OF CONGRESS ON ENHANCING STRATEGIC PARTNERSHIP, DEFENSE
AND SECURITY COOPERATION WITH GEORGIA.
(a) Findings.--Congress finds the following:
(1) Georgia is a valued friend and strategic partner
of the United States and a NATO aspirant that has
consistently sought to advance shared values and mutual
interests to include deploying alongside United States
forces in Iraq and Afghanistan.
(2) Over the past 30 years of partnership, the United
States has contributed to strengthening Georgia's
progress on the path of European and Euro-Atlantic
integration.
(3) Security in the Black Sea region is a matter of
strategic importance for the United States, especially
amid Russia's unprovoked and unjustified war on
Ukraine. Enhancing Georgia's self-defense and whole-of-
government resistance and resilience capacity is
critical for Euro-Atlantic security, the United
States's national security objectives and strategic
interests in the Black Sea region.
(4) Georgia is a significant economic, energy
transit, and international trade hub. Georgia is an
integral part of the East-West corridor that is vital
to European energy security and diversification of
strategic supply-chain routes for the United States and
Europe.
(5) Continuous illegal occupation of two Georgian
regions by Russia, its accelerated attempts of de-facto
annexation of both regions and hybrid warfare tactics
including political interference, cyber-attacks, and
disinformation and propaganda campaigns pose immediate
challenges to the national security of Georgia and the
security of Europe.
(b) Sense of Congress.--It is the sense of Congress that the
United States should--
(1) reaffirm support and take steps to enhance and
deepen the steadfast strategic partnership in all
priority areas of the 2009 United States--Georgia
Charter on Strategic Partnership and in line with the
2016 Memorandum of Understanding on Deepening the
Defense and Security Partnership between the United
States and Georgia;
(2) continue firm support to Georgia's sovereignty
and territorial integrity within its internationally
recognized borders;
(3) intensify efforts towards de-occupation of
Georgia's territories and peaceful resolution of
Russia-Georgia conflict, including through
consolidation of decisive international action to
ensure full and unconditional fulfilment by the Russian
Federation of its international obligations, inter alia
implementation of the EU-mediated 12 August 2008
Ceasefire Agreement;
(4) continue strong support and meaningful
participation in the Geneva International Discussions
for ensuring implementation of the Ceasefire Agreement
by the Russian Federation and achieving lasting peace
and security in Georgia;
(5) continue working to strengthen press freedom,
democratic institutions, and the rule of law in Georgia
in order to help secure its path of Euro-Atlantic
integration and aspirant NATO and EU membership;
(6) prioritize and deepen defense and security
cooperation with Georgia, including the full
implementation and potential acceleration of the
Georgia Defense and Deterrence Enhancement Initiative,
increased military financing of Georgia's equipment
modernization plans to enhance Georgia's deterrence,
territorial defense, whole-of-government resistance and
resilience capacity, and to foster readiness and NATO
interoperability;
(7) support existing and new cooperation formats to
bolster cooperation among NATO, Georgia and Black Sea
regional partners to enhance Black Sea security
especially in the changed security environment
including increasing the frequency, scale and scope of
exercises such as NATO Article 5 exercises and
assistance to Georgia's Defense Forces modernization
efforts;
(8) enhance assistance to Georgia in the cyber domain
through training, education, and technical assistance
to enable Georgia to prevent, mitigate and respond to
cyber threats; and
(9) continue support and assistance to Georgia in
countering Russian disinformation and propaganda
campaigns intended to undermine the sovereignty of
Georgia, credibility of its democratic institutions and
European and Euro-Atlantic integration.
----------
318. An Amendment To Be Offered by Representative Scott of Georgia or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle A of title XII, insert
the following:
SEC. __. REPEAL OF LIMITATION ON COSTS COVERED UNDER HUMANITARIAN
DEMINING ASSISTANCE.
Subsection (c)(3) of section 407 of title 10, United States
Code, is repealed.
----------
319. An Amendment To Be Offered by Representative Scott of Georgia or
His Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, insert the following:
SEC. 10__. ANNUAL REPORT ON UNFUNDED PRIORITIES OF DEFENSE POW/MIA
ACCOUNTING AGENCY.
Chapter 9 of title 10, United States Code, is amended by
inserting after section 222c the following new section:
``Sec. 222d. Unfunded priorities of Defense POW/MIA Accounting Agency:
annual report
``(a) Reports.--(a) Reports.-Not later than 10 days after the
date on which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105 of title 31, the
Director of the Defense POW/MIA Accounting Agency shall submit
to the Secretary of Defense and the Chairman of the Joint
Chiefs of Staff, and to the congressional defense committees, a
report on the unfunded priorities of the Defense POW/MIA
Accounting Agency.
``(b) Elements.--(1) Each report under subsection (a) shall
specify, for each unfunded priority covered by such report, the
following:
``(A) A summary description of such priority,
including the objectives to be achieved if such
priority is funded (whether in whole or in part).
``(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(C) Account information with respect to such
priority, including the following (as applicable):
``(i) Line Item Number (LIN) for applicable
procurement accounts.
``(ii) Program Element (PE) number for
applicable research, development, test, and
evaluation accounts.
``(iii) Sub-activity group (SAG) for
applicable operation and maintenance accounts.
``(2) Each report under subsection (a) shall present the
unfunded priorities covered by such report in order of urgency
of priority.
``(c) Unfunded Priority Defined.-- In this section, the term
`unfunded priority', in the case of a fiscal year, means a
program, activity, or mission requirement of the POW/MIA
Accounting Agency that--
``(1) is not funded in the budget of the President
for the fiscal year as submitted to Congress pursuant
to section 1105 of title 31, United States Code;
``(2) is necessary to fulfill a requirement
associated with an operational or contingency plan of a
combatant command or other validated requirement; and
``(3) would have been recommended for funding through
the budget referred to in paragraph (1) by the Director
of the POW/MIA Accounting Agency in connection with the
budget if additional resources had been available for
the budget to fund the program, activity, or mission
requirement.''.
----------
320. An Amendment To Be Offered by Representative Scott of Georgia or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle A of title XII, insert
the following:
SEC. __. MODIFICATION TO FELLOWSHIP PROGRAM TO ADD TRAINING RELATING TO
URBAN WARFARE.
Section 345 of title 10, United States Code, is amended--
(1) in subsection (b)(1), by adding at the end the
following sentence: ``In addition to the areas of
combating terrorism and irregular warfare, the program
should focus training on urban warfare.''; and
(2) by adding at the end of subsection (d) the
following new paragraph:
``(6) A discussion of how the training from the
previous year incorporated lessons learned from ongoing
conflicts.''.
----------
321. An Amendment To Be Offered by Representative Scott of Virginia or
His Designee, Debatable for 10 Minutes
At the end of subtitle H of title XXVIII insert the
following:
SEC. 28__. INTERAGENCY REGIONAL COORDINATOR FOR RESILIENCE PILOT
PROJECT.
(a) Pilot Project.--The Secretary of Defense shall carry out
a pilot program under which the Secretary shall establish
within the Department of Defense four Interagency Regional
Coordinators. Each Interagency Regional Coordinator shall be
responsible for improving the resilience of a community that
supports a military installation and serving as a model for
enhancing community resilience before disaster strikes.
(b) Selection.--Each Interagency Regional Coordinator shall
support military installations and surrounding communities
within a geographic area, with at least one such Coordinator
serving each of the East, West, and Gulf coasts. For purposes
of the project, the Secretary shall select geographic areas--
(1) with significant sea level rise and recurrent
flooding that prevents members of the Armed Forces from
reaching their posts or jeopardizes military readiness;
and
(2) where communities have collaborated on multi-
jurisdictional climate adaptation planning efforts,
including such collaboration with the Army Corps of
Engineers Civil Works Department and through Joint Land
Use Studies.
(c) Collaboration.--In carrying out the pilot project, the
Secretary shall build on existing efforts through collaboration
with State and local entities, including emergency management,
transportation, planning, housing, community development,
natural resource managers, and governing bodies and with the
heads of appropriate Federal departments and agencies.
----------
322. An Amendment To Be Offered by Representative Scott of Virginia or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle J of title V, insert the
following new section:
SEC. 5__ REPORT ON EFFORTS TO PREVENT AND RESPOND TO DEATHS BY SUICIDE
IN THE NAVY.
(a) Review Required.--The Inspector General of the Department
of Defense shall conduct a review of the efforts by the
Secretary of the Navy to--
(1) prevent incidents of deaths by suicide, suicide
attempts, and suicidal ideation among covered members;
and
(2) respond to such incidents.
(b) Elements of Review.--The study conducted under subsection
(a) shall include an assessment of each of the following:
(1) The extent of data collected regarding incidents
of deaths by suicide, suicide attempts, and suicidal
ideation among covered members, including data
regarding whether such covered members are assigned to
sea duty or shore duty at the time of such incidents.
(2) The means used by commanders to prevent and
respond to incidents of deaths by suicide, suicide
attempts, and suicidal ideation among covered members.
(3) Challenges related to--
(A) the prevention of incidents of deaths by
suicide, suicide attempts, and suicidal
ideation among members of the Navy assigned to
sea duty; and
(B) the development of a response to such
incidents.
(4) The capacity of teams providing mental health
services to covered members to respond to incidents of
suicidal ideation or suicide attempts among covered
members in the respective unit each such team serves.
(5) The means used by such teams to respond to such
incidents, including the extent to which post-incident
programs are available to covered members.
(6) Such other matters as the Inspector General
considers appropriate in connection with the prevention
of deaths by suicide, suicide attempts, and suicidal
ideation among covered members.
(c) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the congressional defense
committees a report that includes a summary of the results of
the review conducted under subsection (a).
(d) Covered Member Defined.--In this section the term
``covered member'' means a member of the Navy assigned to sea
duty or shore duty.
----------
323. An Amendment To Be Offered by Representative Scott of Virginia or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle J of title V, insert the
following:
SEC. 5__ REPORT ON PROGRAMS THROUGH WHICH MEMBERS OF THE ARMED FORCES
MAY FILE ANONYMOUS CONCERNS.
(a) Review Required.--The Inspector General of the Department
of Defense shall conduct a review that shall include an
assessment of the extent to which the Secretary of Defense and
each Secretary of a military department have--
(1) issued policy and guidance concerning the
establishment, promotion, and management of an
anonymous concerns program;
(2) established safeguards in such policy and
guidance to ensure the anonymity of concerns or
complaints filed through an anonymous concerns program;
and
(3) used an anonymous concerns program--
(A) for purposes that include services on a
military installation; and
(B) in settings that include--
(i) naval vessels;
(ii) military installations outside
the continental United States; and
(iii) remote locations.
(b) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the congressional defense
committees a report that includes the findings of the review
conducted under subsection (a).
(c) Anonymous Concerns Program Defined.--In this section, the
term ``anonymous concerns program''--
(1) means a program that enables a member of the
Armed Force to anonymously submit a complaint or
concern related to topics that include--
(A) morale;
(B) quality of life;
(C) safety; or
(D) the availability of Department of Defense
programs or services to support members of the
Armed Forces; and
(2) does not include an anonymous reporting mechanism
related to sexual harassment, sexual assault, anti-
harassment complaints, or military equal opportunity
complaints.
----------
324. An Amendment To Be Offered by Representative Sherrill of New
Jersey or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title VIII the following:
SEC. 8__. OTHER TRANSACTION AUTHORITY CLARIFICATION.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``military personnel and the
supporting'' and inserting ``personnel of the
Department of Defense or improving''; and
(B) by striking ``or materials in use'' and
inserting ``materials, or installations in
use''; and
(2) in subsection (e), by adding at the end the
following new paragraph:
``(3) The term `prototype project' means a project
that addresses--
``(A) a proof of concept, model, or process,
including a business process;
``(B) reverse engineering to address
obsolescence;
``(C) a pilot or novel application of
commercial technologies for defense purposes;
``(D) agile development activity, creation,
design, development, or demonstration of
operational utility; or
``(E) any combination of subparagraphs (A)
through (D).''.
----------
325. An Amendment To Be Offered by Representative Slotkin of Michigan
or Her Designee, Debatable for 10 Minutes
At the end of subtitle H of title III, insert the following
new section:
SEC. 3__. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS.
Section 1125 of title 10, United States Code, is amended--
(1) by inserting ``(a) General Authority.--'' before
``The Secretary of Defense''; and
(2) by adding at the end the following new
subsection:
``(b) Recognition of Service of Military Working Dogs.--The
Secretary of Defense shall develop a decoration or other
appropriate recognition to recognize military working dogs
under the jurisdiction of the Secretary that are killed in
action or that perform an exceptionally meritorious or
courageous act in service to the United States.''.
----------
326. An Amendment To Be Offered by Representative Smith of Washington
or His Designee, Debatable for 10 Minutes
At the end of title XVII, insert the following:
SEC. 17__. UKRAINE CRITICAL MUNITIONS ACQUISITION FUND.
(a) Establishment.--There shall be established in the
Treasury of the United States a revolving fund to be known as
the ``Ukraine Critical Munitions Acquisition Fund'' (in this
section referred to as the ``Fund'').
(b) Purpose.--Subject to the availability of appropriations,
amounts in the Fund shall be made available by the Secretary of
Defense--
(1) to ensure that adequate stocks of critical
munitions are available for allies and partners of the
United States during the war in Ukraine; and
(2) to finance the acquisition of critical munitions
in advance of the transfer of such munitions to foreign
countries during the war in Ukraine.
(c) Additional Authority.--Subject to the availability of
appropriations, the Secretary may also use amounts made
available to the Fund--
(1) to keep on continuous order munitions that the
Secretary deems as critical due to a reduction in
current stocks as a result of the drawdown of stocks
provided to the government of Ukraine for transfer to
Ukraine; or
(2) with the concurrence of the Secretary of State,
to procure munitions identified as having a high use
rate during the war in Ukraine.
(d) Deposits.--
(1) In general.--The Fund shall consist of each of
the following:
(A) Collections from sales made under letters
of offer (or transfers made under the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et
seq.)) of munitions acquired using amounts made
available from the Fund pursuant to this
section, representing the value of such items
calculated, as applicable, in accordance with--
(i) subparagraph (B) or (C) of
section 21(a)(1) of the Arms Export
Control Act (22 U.S.C. 2761(a)(1);
(ii) section 22 of the Arms Export
Control Act (22 U.S.C. 2762); or
(iii) section 644(m) of the Foreign
Assistance Act of 1961 (22 U.S.C.
2403).
(B) Such amounts as may be appropriated
pursuant to the authorization under this
section or otherwise made available for the
purposes of the Fund.
(C) Not more than $500,000,000 may be
transferred to the Fund for any fiscal year, in
accordance with subsection (e), from amounts
authorized to be appropriated by this Act for
the Department in such amounts as the Secretary
determines necessary to carry out the purposes
of this section, which shall remain available
until expended. The transfer authority provided
by this paragraph is in addition to any other
transfer authority available to the Secretary.
(2) Contributions from foreign governments.--
(A) In general.--Subject to subparagraph (B),
the Secretary of Defense may accept
contributions of amounts to the Fund from any
foreign government or international
organization. Any amounts so accepted shall be
credited to the Ukraine Critical Munitions
Acquisition Fund and shall be available for use
as authorized under subsection (b).
(B) Limitation.--The Secretary may not accept
a contribution under this paragraph if the
acceptance of the contribution would
compromise, or appear to compromise, the
integrity of any program of the Department of
Defense.
(C) Notification.--If the Secretary accepts
any contribution under this paragraph, the
Secretary shall notify the congressional
defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on
Foreign Affairs of the House of
Representatives. Such notice shall specify the
source and amount of any contribution so
accepted and the use of any amount so accepted.
(e) Notification.--
(1) In general.--No amount may be transferred
pursuant to subsection (d)(1)(C) until the date that is
15 days after the date on which the Secretary provides
to the congressional defense committees, the Committee
on Foreign Affairs of the House of Representatives, and
the Committee on Foreign Relations of the Senate--
(A) notice in writing of the amount and
purpose of the proposed transfer; and
(B) a description of how the Secretary
intends to use the munitions acquired under
this section to meet national defense
requirements as specified in subsection
(f)(1)(A).
(2) Ammunition purchases.--No amounts in the Fund may
be used to purchase ammunition, as authorized by this
Act, until the date that is 15 days after the date on
which the Secretary notifies the congressional defense
committees in writing of the amount and purpose of the
proposed purchase.
(3) Foreign transfers.--No munition purchased using
amounts in the Fund may be transferred to a foreign
country until the date that is 15 days after the date
on which the Secretary notifies the congressional
defense committees in writing of the proposed transfer.
(f) Limitations.--
(1) Limitation on transfer.--No munition acquired by
the Secretary of Defense using amounts made available
from the Fund pursuant to this section may be
transferred to any foreign country unless such transfer
is authorized by the Arms Export Control Act (22 U.S.C.
2751 et seq.), the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), or other applicable law, except
as follows:
(A) The Secretary of Defense, with the
concurrence of the Secretary of State, may
authorize the use by the Department of Defense
of munitions acquired under this section prior
to transfer to a foreign country, if such use
is necessary to meet national defense
requirements and the Department bear the costs
of replacement and transport, maintenance,
storage, and other such associated costs of
such munitions.
(B) Except as required by subparagraph (A),
amounts made available to the Fund may be used
to pay for storage, maintenance, and other
costs related to the storage, preservation and
preparation for transfer of munitions acquired
under this section prior to their transfer, and
the administrative costs of the Department of
Defense incurred in the acquisition of such
items, to the extent such costs are not
eligible for reimbursement pursuant to section
43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)).
(2) Certification requirement.--
(A) In general.--No amounts in the Fund may
be used pursuant to this section unless the
President--
(i) certifies to the congressional
defense committees, the Committee on
Foreign Affairs of the House of
Representatives, and the Committee on
Foreign Relations of the Senate that
the Special Defense Acquisition Fund
established pursuant to chapter 5 of
the Arms Export Control Act (22 U.S.C.
2795 et seq.) cannot be used to fulfill
the same functions and objectives for
which such amounts to be made available
from the Fund are to be used; and
(ii) includes in such certification a
justification therefor, which may be
included in a classified annex, if
necessary.
(B) Non-delegation.--The President may not
delegate any responsibility of the President
under subparagraph (A).
(g) Termination.--The authority for the Fund under this
section shall expire on December 31, 2024.
----------
327. An Amendment To Be Offered by Representative Smith of New Jersey
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 13_. FEASIBILITY STUDY AND REPORT RELATING TO SOMALILAND.
(a) Feasibility Study.--The Secretary of State, in
consultation with the Secretary of Defense, shall conduct a
feasibility study that--
(1) includes consultation with Somaliland security
organs;
(2) determines opportunities for collaboration in the
pursuit of United States national security interests in
the Horn of Africa, the Gulf of Aden, and the broader
Indo-Pacific region;
(3) identifies the practicability of improving the
professionalization and capacity of Somaliland security
sector actors; and
(4) identifies the most effective way to conduct and
carry out programs, transactions, and other relations
in the City of Hargeisa on behalf of the United States
Government.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense and the heads of other relevant
Federal departments and agencies, shall submit a classified
report to the appropriate congressional committees that
contains the results of the feasibility study required under
subsection (a), including an assessment of the extent to
which--
(1) opportunities exist for the United States to
support the training of Somaliland's security sector
actors with a specific focus on counterterrorism and
border and maritime security;
(2) Somaliland's security forces were implicated, if
any, in gross violations of human rights during the 3-
year period immediately preceding the date of the
enactment of this Act;
(3) the United States has provided or discussed with
officials of Somaliland the provision of training to
security forces, including--
(A) where such training has occurred;
(B) the extent to which Somaliland security
forces have demonstrated the ability to absorb
previous training; and
(C) the ability of Somaliland security forces
to maintain and appropriately utilize such
training, as applicable;
(4) a United States diplomatic and security
engagement partnership with Somaliland would have a
strategic impact, including by protecting the United
States and allied maritime interests in the Bab-el-
Mandeb Strait and at Somaliland's Port of Berbera;
(5) Somaliland could--
(A) serve as a maritime gateway in East
Africa for the United States and its allies;
and
(B) counter Iran's presence in the Gulf of
Aden and China's growing regional military
presence;
(6) a United States security and defense partnership
could--
(A) bolster cooperation between Somaliland
and Taiwan;
(B) stabilize this semi-autonomous region of
Somalia further as a democratic counterweight
to anti-democratic forces in the greater Horn
of Africa region; and
(C) impact the capacity of the United States
to achieve policy objectives in Somalia,
particularly to degrade and ultimately defeat
the terrorist threat posed by Al-Shabaab, the
Islamic State in Somalia (the Somalia-based
Islamic State affiliate), and other terrorist
groups operating in Somalia; and
(7) the extent to which an improved relationship with
Somaliland could--
(A) support United States policy focused on
the Red Sea corridor, the Indo-Pacific region,
and the Horn of Africa;
(B) improve cooperation on counterterrorism
and intelligence sharing;
(C) enable cooperation on counter-
trafficking, including the trafficking of
humans, wildlife, weapons, and illicit goods;
and
(D) support trade and development, including
how Somaliland could benefit from Prosper
Africa and other regional trade initiatives.
(c) Appropriate Congressional Committees Defined.--In
subsection (b), the term ``appropriate congressional
committees'' means--
(1) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
----------
328. An Amendment To Be Offered by Representative Smith of New Jersey
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title VII of division A the
following:
SEC. 7__. KYLE MULLEN NAVAL SAFETY ENHANCEMENTS.
The Secretary of Defense, or his designee to Naval Special
Warfare Command, shall conduct an appraisal of and provide
recommended policies for improved medical care and oversight of
individuals in the Navy engaged in high-stress training
environments, in an effort to ensure sailor safety and prevent
related long-term injury, illness, and death. The Secretary of
the Navy shall ensure that such recommended polices are
implemented to the full extent practicable and in a timely
manner.
----------
329. An Amendment To Be Offered by Representative Smith of New Jersey
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, insert the following:
SEC. 10__. REVIEW OF NAVY STUDY ON REQUIREMENTS FOR AND POTENTIAL
BENEFITS OF REALISTICALLY SIMULATING REAL WORLD AND
NEAR PEER ADVERSARY SUBMARINES.
The Secretary of the Navy shall conduct a review of the study
conducted by the Chief of Naval Operations, N94 entitled
``Requirements for and Potential Benefits of Realistically
Simulating Real World and Near Peer Adversary Submarines'',
published November 1, 2021, to determine compliance with
congressional intent and reconcile the findings of the study
with instructions provided by Congress through the conference
report 116-617 accompanying H.R. 6395, the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283). Such review shall include an
addendum that includes--
(1) views from Navy commands responsible for
responding to foreign threats from adversary manned,
diesel-powered submarines including the Navy's Fifth
and Seventh Fleets, including views on the ability to
conduct threat assessments related to submersibles
operated by third world and near-peer adversaries in
the areas of operations of such commands; and
(2) input from relevant training schools and range
operators associated with antisubmarine warfare
regarding current training platforms intended to
replicate such threats and the effectiveness of such
training platforms.
----------
330. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 661, line 19, insert ``or where there are significant
space launch or mission control facilities'' after
``operates''.
Page 662, line 7, insert ``or where there are significant
space launch or mission control facilities'' after
``operates''.
----------
331. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 940, line 24, insert ``and expand'' before the
semicolon.
----------
332. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 622, line 17, insert ``distributed ledger
technologies,'' after ``machine learning,''.
----------
333. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 138, after line 22, insert the following:
(9) Distributed leger technologies.
----------
334. An Amendment To Be Offered by Representative Soto of Florida or
His Designee, Debatable for 10 Minutes
Page 328, line 12, insert ``(including artificial
intelligence)'' after ``new technologies''.
----------
335. An Amendment To Be Offered by Representative Spanberger of
Virginia or Her Designee, Debatable for 10 Minutes
At the appropriate place in subtitle D of title XII, insert
the following:
SEC. __. REPORT FROM COUNCIL OF THE INSPECTORS GENERAL ON UKRAINE.
Not later than September 1, 2024, the Chairperson of the
Council of the Inspectors General on Integrity and Efficiency
shall submit to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate a report
on the oversight infrastructure established with respect to
United States assistance to Ukraine, that also includes the
following:
(1) the structure the Federal Government is currently
using or plans to adopt (including the specific
agencies charged) to oversee the expenditure of
assistance to Ukraine;
(2) whether that oversight structure is best suited
to conduct such oversight;
(3) whether there are any gaps in oversight over the
expenditure of funds for assistance to Ukraine;
(4) whether the agencies identified pursuant to
paragraph (1) are positioned to be able to accurately
oversee and track United States assistance to Ukraine
over the long term; and
(5) the lessons learned from the manner in which
oversight over expenditures of assistance to Ukraine
has been conducted.
----------
336. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
After section 523, insert the following and renumber
subsequent sections accordingly:
SEC. 524. BRIEFING AND REPORT ON ADMINISTRATIVE SEPARATION BOARDS.
Subsection (c) of section 529B of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) is
amended to read as follows:
``(c) Briefing; Report.--The Comptroller General shall submit
to the Committees on Armed Services of the Senate and House of
Representatives--
``(1) a briefing on preliminary results of the study
conducted under subsection (a) not later than December
27, 2022; and
``(2) a report on the final results of the study
conducted under subsection (a) not later than May 31,
2023.''.
----------
337. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. REPORT ON WAIVERS UNDER SECTION 907 OF THE FREEDOM FOR RUSSIA
AND EMERGING EURASIAN DEMOCRACIES AND OPEN MARKETS
SUPPORT ACT OF 1992.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit a
report to the appropriate congressional committees on United
States security assistance provided to the Government of
Azerbaijan pursuant to a waiver under section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note).
(b) Elements.--The report under subsection (a) shall address
the following:
(1) Documentation of the Department of State's
consideration of all section 907 waiver requirements
during the 5-year period ending on the date of the
enactment of this Act.
(2) Further program-level detail and end-use
monitoring reports of security assistance provided to
the Government of Azerbaijan under a section 907 waiver
during such 5-year period.
(3) The impact of United States security assistance
provided to Azerbaijan on the negotiation of a peaceful
settlement between Armenia and Azerbaijan over all
disputed regions during such 5-year period.
(4) The impact of United States security assistance
provided to Azerbaijan on the military balance between
Azerbaijan and Armenia during such 5-year period.
(5) An assessment of Azerbaijan's use of offensive
force against Armenia or violations of Armenian
sovereign territory from November 11, 2020, to the date
of the enactment of this Act.
(c) Briefing.--The Secretary of State, in coordination with
the Secretary of Defense, shall brief the appropriate
congressional committees not later than 180 days after the date
of the enactment of this Act on the contents of the report
required under subsection (a).
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
338. An Amendment To Be Offered by Representative Stauber of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title X, insert the following:
SEC. 10__. AWARD OF CONTRACTS FOR SHIP REPAIR WORK TO NON-HOMEPORT
SHIPYARDS TO MEET SURGE CAPACITY.
Section 8669a of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) In order to meet surge capacity, the Secretary of the
Navy may solicit proposals from, and award contracts for ship
repair to, non-homeport shipyards that otherwise meet the
requirements of the Navy for ship repair work.''.
----------
339. An Amendment To Be Offered by Representative Steel of California
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 859. PROHIBITION ON THE USE OF LOGINK.
(a) Prohibition.--
(1) In general.--The Secretary of Defense, each
Secretary of a military department, and a defense
contractor may not use LOGINK.
(2) Applicability.--With respect to defense
contractors, the prohibition in subsection (a) shall
apply--
(A) with respect to any contract of the
Department of Defense entered into on or after
the date of the enactment of this section;
(B) with respect to the use of LOGINK in the
performance of such contract.
(b) Contracting Prohibition.--
(1) In general.--The Secretary of Defense and each
Secretary of a military department may not enter into
any contract with an entity that uses LOGINK and shall
prohibit the use of LOGINK in any contract entered into
by the Department of Defense.
(2) Defense contractor.--With respect to any contract
of the Department of Defense, a defense contractor may
not enter into a subcontract with an entity that uses
LOGINK.
(3) Applicability.--This subsection applies with
respect to any contract entered into on or after the
date of the enactment of this section.
(c) LOGINK Defined.--In this section, the term ``LOGINK''
means the public, open, shared logistics information network
known as the National Public Information Platform for
Transportation & Logistics by the Ministry of Transport of
China.
----------
340. An Amendment To Be Offered by Representative Strickland of
Washington or Her Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SECTION 5__. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT PROGRAM TO
PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF THE
ARMED FORCES FOR IN-HOME CHILD CARE.
(a) Sense of Congress.--It is the sense of Congress that
members of the Armed Forces who participate in the au pair
exchange visitor program should be eligible for assistance
under the pilot program of the Department of Defense to provide
financial assistance to members of the Armed Forces for in-home
child care.
(b) Feasibility Assessment.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State, shall
submit to the appropriate congressional committees a report
containing the assessment of the Secretary of Defense of the
feasibility, advisability, and considerations of expanding
eligibility for the pilot program under section 589 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1791 note)
to members of the Armed Forces who participate in an exchange
visitor program under section 62.31 of title 22, Code of
Federal Regulations, or successor regulation.
(c) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means:
(1) The Committees on Armed Services of the Senate
and House of Representatives.
(2) The Committee on Foreign Affairs of the House of
Representatives.
(3) The Committee on Foreign Relations of the Senate.
----------
341. An Amendment To Be Offered by Representative Swalwell of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIV of division A, add the
following:
SEC. 1415. REPORT ON FEASIBILITY OF INCREASING QUANTITIES OF RARE EARTH
PERMANENT MAGNETS IN NATIONAL DEFENSE STOCKPILE.
(a) Statement of Policy.--It is the policy of the United
States to build a stockpile of rare earth permanent magnets to
meet requirements for Department of Defense programs and
systems while reducing dependence on foreign countries for such
magnets.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the
feasibility of increasing the quantity of rare earth permanent
magnets in the National Defense Stockpile to support United
States defense requirements.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) An assessment of the extent to which the existing
National Defense Stockpile inventory would guarantee
supply of rare earth permanent magnets to major defense
acquisition programs included in the future years
defense program.
(2) A description of the assumptions underlying the
quantities of rare earth permanent magnet block
identified for potential acquisition in the most recent
National Defense Stockpile Annual Operations and
Planning Report.
(3) An evaluation of factors that would affect
shortfall estimates with respect to rare earth magnet
block in the National Defense Stockpile inventory.
(4) A description of the impact on and requirements
for domestic industry stakeholders, including
Department of Defense contractors.
(5) An analysis of challenges related to the domestic
manufacturing of rare earth permanent magnets.
(6) An assessment of the extent to which Department
of Defense programs and systems rely on rare earth
permanent magnets manufactured by an entity under the
jurisdiction of a covered strategic competitor.
(7) Identification of additional funding,
authorities, and policies necessary to advance the
policy described in subsection (a).
(d) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Definitions.--In this section:
(1) The term ``congressional defense committees''
means the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives.
(2) The term ``covered strategic competitor'' means a
near-peer country identified by the Secretary of
Defense and National Defense Strategy.
----------
342. An Amendment To Be Offered by Representative Takano of California
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XIV the following:
SEC. 14__. STUDY ON STOCKPILING ENERGY STORAGE COMPONENTS.
Not later than 360 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a study on the viability of establishing a
stockpile of the materials required to manufacture batteries,
battery cells, and other energy storage components to meet
national security requirements in the event of a national
emergency (as defined in section 12 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-3)).
----------
343. An Amendment To Be Offered by Representative Tenney of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII, add the following:
SEC. 12__. REPORT ON THE U.N. ARMS EMBARGO ON IRAN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the Committees on Armed
Services of the House of Representatives and the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate a report
that includes a detailed description of--
(1) an assessment of the U.N. arms embargo on Iran on
its effectiveness in constraining Iran's ability to
supply, sell, or transfer, directly or indirectly, arms
or related materiel, including spare parts, when it was
in place; and
(2) the measures that the Departments of State and
Defense are taking to constrain Iranian arms
proliferation and combat the supply, sale, or transfer
of weapons to or from Iran.
----------
344. An Amendment To Be Offered by Representative Tenney of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII, add the following:
SEC. 12__. REPORT ON ISLAMIC REVOLUTIONARY GUARD CORPS-AFFILIATED
OPERATIVES ABROAD.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the
Secretary of Defense, shall submit to the Committees on Armed
Services of the House of Representatives and the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate a report
that includes a detailed description of--
(1) all Islamic Revolutionary Guard Corps-affiliated
operatives serving in diplomatic and consular posts
abroad; and
(2) the ways in which the Department of State and the
Department of Defense are working with partner nations
to inform them of the threat posed by Islamic
Revolutionary Guard Corps-affiliated officials serving
in diplomatic and consular roles in third party
countries.
----------
345. An Amendment To Be Offered by Representative Tenney of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, add the following new
section:
SEC. 10__. REPORT ON UNMANNED TRAFFIC MANAGEMENT SYSTEMS AT MILITARY
BASES AND INSTALLATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
that includes--
(1) a detailed description of the threat of aerial
drones and unmanned aircraft to United States national
security; and
(2) an assessment of the unmanned traffic management
systems of every military base and installation (within
and outside the United States) to determine whether the
base or installation is adequately equipped to detect,
disable, and disarm hostile or unidentified unmanned
aerial systems.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the
Committee on Foreign Relations of the Senate.
(2) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Transportation
and Infrastructure of the House of Representatives.
----------
346. An Amendment To Be Offered by Representative Thompson of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, insert the following new
section:
SEC. 10__. REPORT ON NON-DOMESTIC FUEL USE.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the total dollar
amount the Department of Defense spent on fuel from non-
domestic sources during the period beginning on January 1,
2021, and ending on the date of the enactment of this Act.
----------
347. An Amendment To Be Offered by Representative Thompson of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, insert the following
new section:
SEC. 7__. REPORT ON OPERATIONAL AND PHYSICAL AND MENTAL HEALTH EFFECTS
OF LOW RECRUITMENT AND RETENTION TO ARMED FORCES.
The Secretary of Defense shall submit to the congressional
defense committees a report on the current operational tempo
resulting from low recruitment to and retention in the Armed
Forces and the resulting effects on the physical and mental
health of members of the Armed Forces.
----------
348. An Amendment To Be Offered by Representative Thompson of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following new
section:
SEC. 5__ REPORT ON THE EFFECTS OF ECONOMIC INFLATION ON FAMILIES OF
MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall submit to the congressional
defense committees a report on the extent to which economic
inflation has affected families of members of the Armed Forces.
----------
349. An Amendment To Be Offered by Representative Titus of Nevada or
Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. ___. AMENDMENTS TO THE UKRAINE FREEDOM SUPPORT ACT OF 2014.
The Ukraine Freedom Support Act of 2014 (22 U.S.C. 8921 et
seq.) is amended--
(1) by redesignating section 11 as section 13; and
(2) by inserting after section 10 the following new
sections:
``SEC. 11. WORKING GROUP ON SEMICONDUCTOR SUPPLY DISRUPTIONS.
``(a) In General.--Not later than 30 days after the date of
the enactment of this section, the President shall establish an
interagency working group to address semiconductor supply chain
issues caused by Russia's illegal and unprovoked attack on
Ukraine.
``(b) Membership.--The interagency working group established
pursuant to subsection (a) shall be comprised of the head, or
designee of the head, of each of the following:
``(1) The Department of State.
``(2) The Department of Defense.
``(3) The Department of Commerce.
``(4) The Department of the Treasury.
``(5) The Office of the United States Trade
Representative.
``(6) The Department of Interior.
``(7) The Department of Energy.
``(8) The Department of Homeland Security.
``(9) The Department of Labor.
``(10) Any other Federal department or agency the
President determines appropriate.
``(c) Chair.--The Secretary of State shall serve as the chair
of the working group established pursuant to subsection (a).
``SEC. 12. REPORTS ON SEMICONDUCTOR SUPPLY CHAIN DISRUPTIONS.
``(a) Report on Impact of Russia's Invasion of Ukraine.--Not
later than 60 days after the date of the enactment of this
section, the Secretary of State shall submit to the committees
listed in subsection (b) a report of the interagency working
group that--
``(1) reviews and analyzes--
``(A) the impact of Russia's unprovoked
attack on Ukraine on the supply of palladium,
neon gas, helium, and hexafluorobutadiene
(C4F6); and
``(B) the impact, if any, on supply chains
and the global economy;
``(2) recounts diplomatic efforts by the United
States to work with other countries that mine,
synthesize, or purify palladium, neon gas, helium, or
hexafluorobutadiene (C4F6);
``(3) quantifies the actions resulting from these
efforts to diversify sources of supply of these items;
``(4) sets forth steps the United States has taken to
bolster its production or secure supply of palladium or
other compounds and elements listed in paragraph
(1)(A);
``(5) lists any other important elements, compounds,
or products in the semiconductor supply chain that have
been affected by Russia's illegal attack on Ukraine;
and
``(6) recommends any potential legislative steps that
could be taken by Congress to further bolster the
supply of elements, compounds, or products for the
semiconductor supply chain that have been curtailed as
a result of Russia's actions.
``(b) Committees Listed.--The committees listed in this
subsection are--
``(1) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Energy and
Commerce of the House of Representatives; and
``(2) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Commerce, Science, and Transportation of the Senate.
``(c) Annual Report on Potential Future Shocks to
Semiconductor Supply Chains.--
``(1) In general.--Not later than 180 days after the
date of the enactment of this section, and annually
thereafter for 5 years, the Secretary of State shall
submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate a report of the interagency
working group that--
``(A) outlines and plans for the most likely
future geopolitical developments that could
severely disrupt global semiconductor supply
chains in ways that could harm the national
security or economic interests of the United
States;
``(B) forecasts the various potential impacts
on the global supply chain for semiconductors,
and products that use semiconductors, from the
developments outlined pursuant to subparagraph
(A), as well as the following contingencies--
``(i) an invasion of Taiwan or
geopolitical instability or conflict in
East Asia;
``(ii) a broader war or geopolitical
instability in Europe;
``(iii) strategic competitors
dominating parts of the supply chain
and leveraging that dominance
coercively;
``(iv) a future international health
crisis; and
``(v) natural disasters or shortages
of natural resources and raw materials;
``(C) describes the kind of continency plans
that would be needed for the safe evacuation of
individuals with deep scientific and technical
knowledge of semiconductors and their supply
chain from areas under risk from conflict or
natural disaster; and
``(D) evaluates the current technical and
supply chain work force expertise within the
Federal government to carry out these
assessments.''.
----------
350. An Amendment To Be Offered by Representative Titus of Nevada or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, insert the following
new section:
SEC. 7__. REPORT ON MATERNAL MORTALITY RATES OF FEMALE MEMBERS OF THE
ARMED FORCES.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on how maternal
mortality rates may disproportionately affect female members of
the Armed Forces (as compared with female civilians). Such
report shall include an identification of any relevant barriers
to the access of health care for such female members and any
recommendations by the Secretary to improve such access and
reduce such rates.
----------
351. An Amendment To Be Offered by Representative Titus of Nevada or
Her Designee, Debatable for 10 Minutes
At the appropriate place in subtitle H of title V, insert the
following new section:
SEC. 5__ REPORT ON THE EFFECTS OF THE SHORTAGE OF INFANT FORMULA ON THE
FAMILIES OF MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall submit to the congressional
defense committees a report on the extent to which families of
members of the Armed Forces--
(1) have access to infant formula; and
(2) have been affected by any shortage of infant
formula available for consumer purchase from January 1,
2022, through the date of the enactment of this Act.
----------
352. An Amendment To Be Offered by Representative Titus of Nevada or
Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title III, insert the following
new section:
SEC. 3__. REPORTS RELATING TO AQUEOUS FILM-FORMING FOAM SUBSTITUTES AND
PFAS CONTAMINATION AT CERTAIN INSTALLATIONS.
(a) Report on Progress Towards AFFF Substitutes.--Not later
than one year after the date of the enactment of this Act, the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the congressional defense committees a report
on the progress made towards, and the status of any
certification efforts relating to, the replacement of
fluorinated aqueous film-forming foam with a fluorine-free
fire-fighting agent, as required under section 322 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1307; 10 USC 2661 note prec.).
(b) Report on Non-AFFF PFAS Contamination at Certain Military
Installations.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report on known or suspected contamination
on or around military installations located in the United
States resulting from the release of any perfluoroalkyl
substance or polyfluoroalkyl substance originating from a
source other than aqueous film-forming foam.
----------
353. An Amendment To Be Offered by Representative Titus of Nevada or
Her Designee, Debatable for 10 Minutes
At the end of title XVII, insert the following:
SEC. 17__. QUARTERLY BRIEFINGS ON REPLENISHMENT AND REVITALIZATION OF
STOCKS OF DEFENSIVE AND OFFENSIVE WEAPONS PROVIDED
TO UKRAINE.
(a) Quarterly Briefings.--The Secretary of Defense shall
provide to the congressional defense committees quarterly
briefings, in accordance with subsection (b), on the progress
of the Department of Defense toward replenishing and sustaining
the production capacity and stocks of covered weapons that have
been delivered to Ukraine as part of the effort to--
(1) support Ukraine's resistance against Russian
aggression; and
(2) buy down strategic risks.
(b) Elements of Briefings.--
(1) Briefings on us weapons.--The Secretary of
Defense shall provide to the congressional defense
committees quarterly briefings that include each of the
following:
(A) A timeline and budgetary estimate for
developing and procuring replacement stocks of
covered weapons for the United States.
(B) An identification of any opportunities to
allow vendors to compete for agreements to
produce next-generation weapons.
(C) An analysis of risks within the
industrial base that provides support for
covered weapons, and detailed options to
mitigate those risks.
(D) A discussion of options to maximize
competition among providers of covered weapons
and components thereof, and an identification
of any gaps in legal authority to pursue and
achieve the objectives of maximizing
competition and replenishing and sustaining the
production capacity of covered weapons.
(E) An update on the use of the authorities
of the Department of Defense to replenish and
sustain the production capacity and stocks of
covered weapons referred to in subsection (a).
(2) Briefing on weapons of allies and partners.--The
Secretary of Defense shall provide to the congressional
defense committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on
Foreign Relations of the Senate a briefing on the plan
to use authorities for--
(A) developing and procuring replacement
stocks of covered weapons for allies and
partners of the United States; and
(B) advancing the replenishment of weapons
for such allies and partners that have
provided, or are contemplating providing, such
weapons to Ukraine.
(c) Covered Weapon.--In this section, the term ``covered
weapon'' means any weapon other than a covered system, as that
term is defined in section 1703(d).
(d) Termination.--The requirement to provide quarterly
briefings under subsection (b)(1) shall terminate on December
31, 2026.
----------
354. An Amendment To Be Offered by Representative Titus of Nevada or
Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, insert the following:
SEC. 10__. REPORT ON HUMAN TRAFFICKING AS A RESULT OF RUSSIAN INVASION
OF UKRAINE.
The Secretary of Defense, in consultation with the Secretary
of State, shall submit to the congressional defense committees,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate a report on human trafficking as a result of the Russian
invasion of Ukraine.
----------
355. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 1067, line 9, strike ``and''.
Page 1067, line 10, strike the period and insert ``; and''.
Page 1067, after line 10, insert the following:
(D) submit an alert for potential major
health risks, such as the potential presence of
lead paint, asbestos, mold, hazardous materials
contaminated or unsafe drinking water, or
serious safety issues, such as potential
problems with fire or carbon monoxide detection
equipment.
Page 1067, after line 15, insert the following:
(4) An educational feature to help users better
identify potential environmental and safety hazards
like lead paint, asbestos, mold and unsafe water, and
potentially non-functional fire or carbon monoxide
detection equipment for the purposes of protecting
residents and submitting alerts described in paragraph
(1)(D) for potential problems that may need urgent
professional attention.
----------
356. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 311, line 7, strike ``and'' at the end.
Page 311, line 9, strike the period at the end and insert a
semicolon.
Page 311, after line 9, insert the following:
(3) takes into account voluntary feedback from
program recipients and relevant Department staff,
including direct testimonials about their experiences
with the program and ways in which they think it could
be improved; and
(4) examines other potential actions that arise
during the course of the program that the Department
could take to further protect the safety of program
participants and eligible individuals, as the Secretary
determines appropriate.
----------
357. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title XXVIII, insert the
following:
SEC. 28__. REPORTING ON LEAD SERVICE LINES AND LEAD PLUMBING.
(a) Initial Report.--Not later than one year after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment shall submit to the
congressional defense committees a report that includes--
(1) a description of the state of lead service lines
and lead plumbing on military installations, military
housing, and privatized military housing;
(2) an evaluation of whether military installations,
military housing, and privatized military housing are
in compliance with the standards established in the
Lead and Copper rule and, if not, an identification of
the areas of non-compliance; and
(3) an identification of steps and resources needed
to remove remaining lead service lines and lead
plumbing in military installations and housing.
(b) Inclusion of Information in Annual Report.--The Secretary
shall include in the Defense Environmental Programs annual
report for each year after the year in which the initial report
is submitted information on the compliance of Department of
Defense facilities and housing with the Lead and Copper Rule.
----------
358. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 1101, line 20, insert ``and covered lead exposure''
after ``conditions''.
In section 2880 of the bill, in the matter proposed to be
added as section 2895(c) of title 10, United States Code,
insert after paragraph (2) the following new paragraph (and
redesignate the subsequent paragraphs accordingly):
(3) The term ``covered lead exposure'' means lead
exposure that is determined by the Secretary of Defense
to have resulted from residing in an unsafe housing
unit.
----------
359. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. GAO STUDY ON END USE MONITORING.
Not later than 1 year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit
the congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a review of the implementation
by the Department of Defense and the Department of State of
end-use monitoring, including--
(1) how well end-use monitoring deters misuse or
unauthorized use of equipment;
(2) how the Departments identify persistent
geographic areas of concern for closer monitoring; and
(3) how the Departments identify trends, learn from
those trends, and implement best practices.
----------
360. An Amendment To Be Offered by Representative Torres 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__. STANDARDS AND REPORTS RELATING TO CASES OVERSEEN BY MILITARY
CRIMINAL INVESTIGATIVE ORGANIZATIONS.
(a) Standards Required.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall develop and implement uniform
standards applicable to the military criminal
investigative organizations of the Department of
Defense that--
(A) establish processes and procedures for
the handling of cold cases;
(B) specify the circumstances under which a
case overseen by such an organization shall be
referred to the Inspector General of the
Department of Defense for review; and
(C) establish procedures to ensure that, in
the event an investigator transfers out of such
an organization or otherwise ceases to be an
investigator, the cases overseen by such
investigator are transferred to a new
investigator within the organization.
(2) Report.--Not later than 90 days after the date of
the enactment of this Act the Secretary of Defense
shall submit to Congress a report on the standards
developed under paragraph (1).
(3) Implementation.--Following the submittal of the
report under paragraph (2), but not later than 120 days
after the date of the enactment of this Act, the
Secretary of Defense shall implement the standards
developed under paragraph (1).
(b) Report Establishment of Cold Case Unit in the Army.--Not
later than 120 days after the date of the enactment of this
Act, the Secretary of the Army shall submit to Congress a
report on the feasibility of establishing a cold case unit in
the Army Criminal Investigation Division that is similar to the
cold case units operating within the Naval Criminal
Investigative Service and the Air Force Office of Special
Investigations.
----------
361. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. LIMITATIONS ON SALE AND USE OF PORTABLE HEATING DEVICES ON
MILITARY INSTALLATIONS.
(a) Prohibition on Sale of Unsafe Portable Heating Devices at
Commissary Stores and MWR Retail Facilities.--The Secretary of
Defense shall ensure that the following types of portable
heating devices are not sold at a commissary store or MWR
retail facility:
(1) Portable heating devices that do not comply with
applicable voluntary consumer product safety standards.
(2) Portable heating devices that do not have an
automatic shutoff function.
(b) Education for Families Living in Military Housing.--The
commander of a military installation shall ensure that members
of the Armed Forces assigned to that installation and living in
military family housing, including military family housing
acquired or constructed pursuant to subchapter IV of chapter
169 of title 10, United States Code, are provided with the
recommendations of the Consumer Product Safety Commission for
operating portable heating devices safely.
(c) Definitions.--In this section:
(1) The term ``MWR retail facility'' has the meaning
given that term in section 1063 of title 10, United
States Code.
(2) The term ``portable heating device'' means an
electric heater that--
(A) is intended to stand unsupported
(freestanding);
(B) can be moved from place to place within
conditioned areas in a structure;
(C) is connected to a nominal 120 VAC
electric supply through a cord and plug;
(D) transfers heat by radiation, convection,
or both (either natural or forced); and
(E) is intended for residential use.
----------
362. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. TRAINING AND INFORMATION FOR FIRST RESPONDERS REGARDING AID
FOR VICTIMS OF TRAUMA-RELATED INJURIES.
The Secretary of Defense shall ensure that the Department of
Defense shares best practices with, and offers training to,
State and local first responders regarding how to most
effectively aid victims who experience trauma-related injuries.
----------
363. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. ___. REPORT ON IMPROVED DIPLOMATIC RELATIONS AND DEFENSE
RELATIONSHIP WITH ALBANIA.
(a) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, jointly with
the Secretary of State, shall submit to the appropriate
congressional committees an assessment of the viability of
military infrastructure in Durres, Albania, and Vlore, Albania,
as locations for cooperative security activities, including
NATO activities and exercises that advance NATO and shared
security objectives and enhance interoperability. The report
shall also include a description of--
(1) opportunities for the United States to support
training for Albania's military forces;
(2) the current status of such training activities
with Albania, including the level of progress toward
interoperability, absorption of assistance, ability to
sustain equipment provided, and other relevant factors
that enhance Albania's ability to contribute to NATO
objectives and maritime security; and
(3) a cost estimate for any potential U.S.
investments and activities.
----------
364. An Amendment To Be Offered by Representative Trahan of
Massachusetts or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title I, add the following new
section:
SEC. 1__. REPORT ON APPLICABILITY OF DDG(X) ELECTRIC-DRIVE PROPULSION
SYSTEM.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report that includes an
analysis of--
(1) the power and propulsion requirements for the
DDG(X) destroyer;
(2) how such requirements compare to the power and
propulsion requirements for the DDG-1000 Zumwalt class
destroyer and the DDG-51 Arleigh Burke class destroyer,
respectively;
(3) the ability of the Navy to leverage existing
investments in the electric-drive propulsion system
developed for the DDG(X) destroyer to reduce cost and
risk; and
(4) the ability to design and manufacture components
for such system in the United States.
----------
365. An Amendment To Be Offered by Representative Trahan of
Massachusetts or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. REPORT ON NATIONAL SECURITY APPLICATIONS FOR FUSION ENERGY
TECHNOLOGY.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
potential national security applications for fusion energy
technology.
(b) Elements.--The report under subsection (a) shall
include--
(1) an evaluation of commercial fusion energy
technologies under development by private sector
companies in the United States to determine if any such
technologies have potential national security
applications;
(2) consideration of commercial fusion energy
technologies--
(A) that have met relevant technical
milestones:
(B) that are supported by substantial private
sector financing;
(C) that meet applicable requirements of the
Department of Defense; and
(D) for which prototypes have been
constructed;
(3) a timeline for the potential implementation of
fusion energy in the Department;
(4) a description of any major challenges to such
implementation; and
(5) recommendations to the ensure the effectiveness
of such implementation.
----------
366. 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 III, insert the following
new section:
SEC. 3__. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY PERFORMANCE
GOALS AND ENERGY PERFORMANCE MASTER PLAN.
(a) Additional Special Considerations.--Section 2911(e) of
title 10, United States Code, is amended by adding at the end
the following new paragraphs:
``(14) The reliability and security of energy
resources in the event of a military conflict.
``(15) The value of resourcing energy from partners
and allies of the United States.''.
(b) Report on Feasibility of Terminating Energy Procurement
From Foreign Entities of Concern.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Assistant
Secretary of Defense for Operational Energy Plans and
Programs shall submit to the appropriate congressional
committees a report on the feasibility and advisability
of terminating energy procurement by the Department of
Defense from foreign entities of concern.
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) An assessment of the reliance by the
Department of Defense on foreign entities of
concern for the procurement of energy.
(B) An identification of the number of energy
contracts in force between the Director of the
Defense Logistics Agency and a foreign entity
of concern or an entity headquartered in a
country that is a foreign entity of concern.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Energy and Commerce of the House
of Representatives; and
(B) the Committee on Armed Services and the
Committee on Energy and Natural Resources of
the Senate.
(2) The term ``foreign entity of concern'' has the
meaning given that term in section 9901 of the William
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (15 U.S.C. 4651).
----------
367. An Amendment To Be Offered by Representative Van Duyne of Texas or
Her Designee, Debatable for 10 Minutes
Page 387, after line 20, insert the following:
SEC. 584. STUDY ON FRAUDULENT MISREPRESENTATION ABOUT RECEIPT OF A
MILITARY MEDAL OR DECORATION.
(a) Study.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
conduct a study to identify any monetary or government benefits
obtained through a fraudulent misrepresentation about the
receipt a military decoration or medal as described by section
704(c)(2) or 704(d) of title 18, United States Code.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
report to Congress on the findings of the study conducted under
subsection (b) and policy recommendations to resolve issues
identified in the study.
----------
368. An Amendment To Be Offered by Representative Van Duyne of Texas or
Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, add the following new
section:
SEC. 579D. DEPARTMENT OF DEFENSE REPORT ON THIRD-PARTY JOB SEARCH
TECHNOLOGY.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall submit to Congress a report
on potential partnership opportunities with companies that
provide third-party job search software to assist active duty
service members and veterans up to two years post-separation
from the military find employment following their active duty
service. Such report shall include the potential use and
effectiveness of any such partnerships.
----------
369. An Amendment To Be Offered by Representative Wagner of Missouri or
Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V, insert the following:
SEC. 5__. SENSE OF CONGRESS REGARDING ULYSSES S. GRANT.
It is the Sense of Congress that--
(1) the efforts and leadership of Ulysses S. Grant in
defending the United States deserve honor;
(2) the military victories achieved under the command
of Ulysses S. Grant were integral to the preservation
of the United States; and
(3) Ulysses S. Grant is among the most influential
military commanders in the history of the United
States.
----------
370. An Amendment To Be Offered by Representative Waltz of Florida or
His Designee, Debatable for 10 Minutes
Page 441, line 8, strike ``paragraph (4)'' and insert
``subsection (d)''.
----------
371. An Amendment To Be Offered by Representative Waltz of Florida or
His Designee, Debatable for 10 Minutes
Page 864, after line 25, insert the following:
(8) Scandium.
----------
372. An Amendment To Be Offered by Representative Wasserman Schultz of
Florida or Her Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, insert the following:
SEC. 5__. BRIEFING ON CHILD CARE AT CAMP BULL SIMONS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army and the Secretary of the
Air Force shall submit to the congressional defense committees
a joint briefing regarding the provision of child care at Camp
Bull Simons, Eglin Air Force Base. The briefing shall include
the following elements:
(1) Risk mitigation measures that could allow the
current proposed site to achieve certification for
child care.
(2) Plans for alternative locations, including
acquiring land for a military child development center
(as such term is defined in section 1800 of title 10,
United States Code) in proximity to Camp Bull Simons.
(3) An update on public-private partnership
agreements for child care that could alleviate the
deficit in available child care at Camp Bull Simons.
(4) Current availability for child care, and related
wait times, at military child development centers on
the main campus of Eglin Air Force Base.
----------
373. An Amendment To Be Offered by Representative Wexton of Virginia or
Her Designee, Debatable for 10 Minutes
Add at the end of title LVII of division E the following:
SEC. __. STUDY AND REPORT ON RETURNSHIP PROGRAMS.
(a) In General.--Not later than September 30, 2023, the
Secretary of Defense shall conduct a study, and submit a report
on such study to the congressional defense committees, on the
feasibility and benefits of establishing returnship programs
for the civilian workforce of the Department of Defense. The
study and report shall assess--
(1) where returnship programs could be used to
address such workforce needs and bolster the knowledge
and experience base of such workforce;
(2) how the programs would be structured and the
estimated funding levels to implement the returnship
programs; and
(3) if and how returnship programs impact the
diversity of such workforce.
(b) Returnship Program Defined.--In this section, the term
``returnship program'' means any program that supports entry
into the civilian workforce of the Department of Defense of an
individual who has taken an extended leave of absence from such
workforce, including a leave of absence to care for a
dependent.
----------
374. An Amendment To Be Offered by Representative Wild of Pennsylvania
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title III, insert the following
new section:
SEC. 3__. BRIEFINGS ON IMPLEMENTATION OF RECOMMENDATIONS RELATING TO
SAFETY AND ACCIDENT PREVENTION.
Beginning not later than 45 days after the date of the
enactment of this Act, and on a biannual basis thereafter until
such time as each recommendation referred to in this section
has been implemented, the Secretary of Defense shall provide to
the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the status of the
implementation of recommendations relating to safety and the
prevention of accidents and mishaps (including fatal accidents)
with respect to members of the Armed Forces, including--
(1) the recommendations of the Comptroller General of
the United States in the Government Accountability
Office report of July 2021, titled ``Military Vehicles:
Army and Marine Corps Should Take Additional Actions to
Mitigate and Prevent Training Accidents'' (relating to
vehicle safety);
(2) the recommendations of the National Commission on
Military Aviation Safety under section 1087 of the John
S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1992); and
(3) the 117 recommendations of the Readiness Reform
Oversight Committee of the Department of the Navy
following the deaths of 17 members of the Armed Forces
on the USS John McCain and the USS Fitzgerald.
----------
375. An Amendment To Be Offered by Representative Wild of Pennsylvania
or Her Designee, Debatable for 10 Minutes
At the end of subtitle H of title III, insert the following
new section:
SEC. 3__. MAINTENANCE OF PUBLICLY ACCESSIBLE WEBSITE BY JOINT SAFETY
COUNCIL.
Section 184(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(10) Developing and maintaining (including by
updating on a basis that is not less frequent than once
every 180 days) a publicly accessible Internet website
that contains the following:
``(A) Information for the families of
deceased members of the armed forces who died
in a fatal operational or training accident.
``(B) Information on the findings of each
review or assessment conducted by the Council.
``(C) An identification of any recommendation
of the Council relating to the prevention of
fatal accidents among members of the Armed
Forces, and information on the progress of the
implementation of any such recommendation.''.
----------
376. An Amendment To Be Offered by Representative Williams of Georgia
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, insert the following:
SEC. 10__. PUBLIC AVAILABILITY OF COST OF CERTAIN MILITARY OPERATIONS
TO EACH UNITED STATES TAXPAYER.
Section 1090 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) by inserting ``(a) Publication of Information.--
'' before ``The Secretary of Defense'';
(2) by striking ``of each of the wars in Afghanistan,
Iraq, and Syria.'' and inserting ``of any overseas
contingency operation conducted by the United States
Armed Forces on or after September 18, 2001.''; and
(3) by adding at the end the following new
subsections:
``(b) Display of Information.--The information required to be
posted under subsection (a) shall--
``(1) be posted directly on the website of the
Department of Defense, in an accessible and clear
format;
``(2) include corresponding documentation as links or
attachments; and
``(3) include, for each overseas contingency
operation--
``(A) both the total cost to each taxpayer,
and the cost to each taxpayer for each fiscal
year, of conducting the overseas contingency
operation;
``(B) a list of countries where the overseas
contingency operation has taken place.
``(c) Updates.--The Secretary shall ensure that all the
information required to be posted under subsection (a) is
updated by not later than 90 days after the last day of each
fiscal year.
``(d) Contingency Operation Defined.--In this section, the
term `contingency operation' has the meaning given such term in
section 101(a)(13) of title 10, United States Code.''.
----------
377. An Amendment To Be Offered by Representative Williams of Georgia
or Her Designee, Debatable for 10 Minutes
Page 1348, insert after line 23 the following:
SEC. 5806. SENSE OF CONGRESS REGARDING THE LIFE AND LEGACY OF SENATOR
JOSEPH MAXWELL CLELAND.
(a) Findings.--Congress finds the following:
(1) Joseph Maxwell Cleland was born August 24, 1942,
in Atlanta, Georgia, the child of Juanita Kesler
Cleland and Joseph Hughie Cleland, a World War II
veteran, and grew up in Lithonia, Georgia.
(2) Joseph Maxwell Cleland graduated from Stetson
University in Florida in 1964, and received his
Master's Degree in history from Emory University in
Atlanta, Georgia.
(3) Following his graduation from Stetson University,
Joseph Maxwell Cleland received a Second Lieutenant's
Commission in the Army through its Reserve Officers'
Training Corps program.
(4) Joseph Maxwell Cleland volunteered for duty in
the Vietnam War in 1967, serving with the 1st Cavalry
Division.
(5) On April 8, 1968, during combat at the mountain
base at Khe Sanh, Joseph Maxwell Cleland was gravely
injured by the blast of a grenade, eventually losing
both his legs and right arm.
(6) Joseph Maxwell Cleland was awarded the Bronze
Star for meritorious service and the Silver Star for
gallantry in action.
(7) In 1970, Joseph Maxwell Cleland was elected to
the Georgia Senate as the youngest member and the only
Vietnam veteran, where he served until 1975.
(8) As a Georgia State Senator, Joseph Maxwell
Cleland authored and advanced legislation to ensure
access to public facilities in Georgia for elderly and
handicapped individuals.
(9) In 1976, Joseph Maxwell Cleland began serving as
a staffer on the Committee on Veterans Affairs of the
Senate.
(10) In 1977, Joseph Maxwell Cleland was appointed by
President Jimmy Carter to lead the Veterans
Administration.
(11) He was the youngest Administrator of the
Veterans Administration ever and the first Vietnam
veteran to head the agency.
(12) He served as a champion for veterans and led the
Veterans Administration to recognize, and begin to
treat, post-traumatic stress disorder in veterans
suffering the invisible wounds of war.
(13) Joseph Maxwell Cleland was elected in 1982 as
Georgia's Secretary of State, the youngest individual
to hold the office, and served in that position for 14
years.
(14) in 1996, Joseph Maxwell Cleland was elected to
the United States Senate representing Georgia.
(15) As a member of the Committee on Armed Services,
Joseph Maxwell Cleland advocated for Georgia's military
bases, servicemembers, and veterans, including by
championing key personnel issues, playing a critical
role in the effort to allow servicemembers to pass
their GI Bill education benefits to their children, and
establishing a new veterans cemetery in Canton,
Georgia.
(16) In 2002, Joseph Maxwell Cleland was appointed to
the 9/11 Commission.
(17) In 2003, Joseph Maxwell Cleland was appointed by
President George W. Bush to the Board of Directors for
the Export-Import Bank of the United States, where he
served until 2007.
(18) In 2009, Joseph Maxwell Cleland was appointed by
President Barack Obama as Secretary of the American
Battle Monuments Commission overseeing United States
military cemeteries and monuments overseas, where he
served until 2017.
(19) Joseph Maxwell Cleland authored 3 books: Strong
at the Broken Places, Going for the Max: 12 Principles
for Living Life to the Fullest, and Heart of a Patriot.
(20) Joseph Maxwell Cleland received numerous honors
and awards over the course of his long and
distinguished career.
(21) Joseph Maxwell Cleland was a patriot, veteran,
and lifelong civil servant who proudly served Georgia,
the United States, and all veterans and servicemembers
of the United States.
(22) On November 9, 2021, at the age of 79, Joseph
Maxwell Cleland died, leaving behind a legacy of
service, sacrifice, and joy.
(b) Death of the Honorable Joseph Maxwell Cleland.--Congress
has heard with profound sorrow of the death of the Honorable
Joseph Maxwell Cleland, who served--
(1) with courage and sacrifice in combat in the
Vietnam War;
(2) with unwavering dedication to Georgia as a State
Senator, Secretary of State, and Senator; and
(3) with honorable service to the United States and
veterans of the United States through his lifetime of
public service and tenure as Administrator of the
Veterans Administration.
----------
378. An Amendment To Be Offered by Representative Wittman of Virginia
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title I, add the following new
section:
SEC. 1__. PROHIBITION ON AVAILABILITY OF FUNDS FOR DISPOSAL OF LITTORAL
COMBAT SHIPS.
(a) Prohibition.--None of the funds authorized to
appropriated by this Act or otherwise made available for fiscal
year 2023 for the Navy may be obligated or expended to dispose
of or dismantle a Littoral Combat Ship.
(b) Exception.--The prohibition under subsection (a) shall
not apply to the transfer of a Littoral Combat Ship to the
military forces of a nation that is an ally or partner of the
United States.
----------
379. An Amendment To Be Offered by Representative Wittman of Virginia
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 TRANSITION TO PHASE III FOR SMALL BUSINESS
INNOVATION RESEARCH AND SMALL BUSINESS TECHNOLOGY
TRANSFER PROGRAM AWARDS.
(a) Report Required.--On an annual basis, each Secretary of a
military department (as defined in section 101 of title 10,
United States Code) shall collect and submit to the President
for inclusion in each budget submitted to Congress under
section 1105 of title 31, United States Code, data on the Phase
I, Phase II, and Phase III awards under the SBIR and STTR
programs of the military department of the Secretary for the
immediately preceding five fiscal years, including--
(1) the aggregate funding amount for Phase III awards
in relevant program offices, as selected by the each
Secretary of a military department;
(2) the change in Phase III funding during the period
covered by the report such selected program offices;
(3) the number of SBIR awards made by such selected
program offices in under 180 days during the period
covered by the report; and
(4) where possible, an identification of specific
recommendations from each Secretary of a military
department on opportunities to identify and expand best
practices that demonstrate growth in Phase III award
funding.
(b) Definitions.--In this section, the terms ``Phase I'',
``Phase II'', ``Phase III'', ``SBIR'', and ``STTR'' have the
meanings given those terms, respectively, in section 9(e) of
the Small Business Act (15 U.S.C. 638(e)).
----------
380. An Amendment To Be Offered by Representative Wittman of Virginia
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VIII, insert the following:
SEC. 8__. EXISTING AGREEMENT LIMITS FOR OPERATION WARP SPEED.
(a) In General.--Any award made to a consortium under section
4022 of title 10, United States Code, by the Department of
Defense on or after March 1, 2020, to address the COVID-19
pandemic through vaccines and other therapeutic measures using
funds made available under a covered award shall not be counted
toward any limit established prior to March 1, 2020, on the
total estimated amount of all projects to be issued for a
specified fiscal year (except that such funds shall count
toward meeting any guaranteed minimum value).
(b) Follow-on Contracts.--The Secretary of Defense may not
award a follow-on contract, agreement, or grant for any award
described in subsection (a)--
(1) until the limit described in subsection (a) has
been reached;
(2) until the term of the award described in
subsection (a) has expired; or
(3) unless such follow-on contract, agreement, or
grant is made accordance with the terms and conditions
of the award described in subsection (a).
(c) Covered Award Defined.--In this section, the term
``covered award'' means an award made in support of the efforts
led by the Department of Health and Human Services and the
Department of Defense, known as Operation Warp Speed, to
accelerate the development, acquisition, and distribution of
vaccines and other therapies to address the COVID-19 pandemic,
and any successor efforts.
----------
381. An Amendment To Be Offered by Representative Wittman of Virginia
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII add the following:
SEC. 7__. REPORT ON DEFENSE HEALTH AGENCY CONTRACTS.
Not later than February 1, 2023, the Director of the Defense
Health Agency shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report that
includes, with respect to fiscal years 2020, 2021, and 2022--
(1) the total number of contracts awarded by the
Defense Health Agency during each such fiscal year; and
(2) the number and percent of such contracts for each
such fiscal year that were--
(A) protested and the protest was upheld;
(B) standard professional services contracts;
(C) issued as a direct award;
(D) in the case of the contracts described in
subparagraph (C), exceeded $5 million in total
value; and
(E) awarded to the following:
(i) Businesses eligible to enter into
a contract under section 8(a) of the
Small Business Act (15 U.S.C. 637(a)).
(ii) Qualified HUBZone small business
concerns.
(iii) Small business concerns owned
and controlled by service-disabled
veterans.
(iv) Small business concerns owned
and controlled by women (as defined in
section 8(m)(1) of the Small Business
Act (15 U.S.C. 637(m)(1)).
----------
382. An Amendment To Be Offered by Representative Wittman of Virginia
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title X the following new
section:
SEC. 10__. REPORT ON DEPARTMENT OF DEFENSE PLAN TO ACHIEVE STRATEGIC
OVERMATCH IN THE INFORMATION ENVIRONMENT.
(a) In General.--Not later than April 1, 2023, the Secretary
of Defense shall submit to the Committee on Armed Services of
the House of Representatives a report on the following:
(1) A plan, developed in cooperation with relevant
Federal agencies, for the Department of Defense to
achieve strategic overmatch in the information
environment, including--
(A) modifications and updates to existing
policy or guidance;
(B) a description of impacts to future budget
requests and funding priorities;
(C) updates to personnel policies to ensure
the recruitment, promotion, retention, and
compensation incentives for individuals with
the necessary skills in the information
environment; and
(D) a description of improvements to the
collection, prioritization, and analysis of
open source intelligence to better inform the
understanding of competitors and adversaries to
the Department of Defense in the information
environment.
(2) A description of any initiatives, identified in
cooperation with relevant Federal agencies, that the
Secretary of Defense and such Federal agencies may
undertake to assist and incorporate allies and partner
countries of the United States into efforts to achieve
strategic overmatch in the information environment.
(3) A description of other actions, including funding
modifications, policy changes, or congressional action,
are necessary to further enable widespread and
sustained information environment operations of the
Department of Defense relevant Federal agencies.
(4) Any other matters the Secretary of Defense
determines appropriate.
(b) Information Environment Defined.--In this section, the
term ``information environment'' has the meaning given in the
publication of the Department of Defense titled ``Joint Concept
for Operating in the Information Environment (JCOIE)'' dated
July 25, 2018.
----------
383. An Amendment To Be Offered by Representative Lee of California or
Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII, add the following:
SEC. 12_. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST
IRAQ RESOLUTION OF 2002.
The Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50
U.S.C. 1541 note) is hereby repealed.
----------
384. An Amendment To Be Offered by Representative Bowman of New York or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle C of title XII, insert
the following:
SEC. __. PROHIBITION ON ONGOING UNITED STATES PRESENCE IN SYRIA.
None of the funds authorized to be appropriated by this Act
or otherwise made available to the Department of Defense may be
used to maintain a United States military presence inside Syria
after the date that is 1 year after the date of the enactment
of this Act, unless there is enacted specific statutory
authorization for such military presence in accordance with the
requirements of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
----------
385. An Amendment To Be Offered by Representative Spanberger of
Virginia or Her Designee, Debatable for 10 Minutes
At the end of title LVIII, insert the following:
SEC. ____. REPEAL OF 1991 AUTHORIZATION FOR USE OF MILITARY FORCE
AGAINST IRAQ RESOLUTION.
The Authorization for Use of Military Force Against Iraq
Resolution (Public Law 102-1; 50 U.S.C. 1541 note) is repealed.
----------
386. An Amendment To Be Offered by Representative Meijer of Michigan or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XIII the following:
SEC. 13__. REPEAL OF JOINT RESOLUTION TO PROMOTE PEACE AND STABILITY IN
THE MIDDLE EAST.
Effective on the date that is 90 days after the date of the
enactment of this Act, the joint resolution entitled ``A joint
resolution to promote peace and stability in the Middle East''
(Public Law 85-7; 22 U.S.C. 1961 et seq.) is hereby repealed.
----------
387. An Amendment To Be Offered by Representative Lee of California or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XIII the following:
SEC. 13__. SENSE OF CONGRESS REGARDING THE INCLUSION OF SUNSET
PROVISIONS IN AUTHORIZATIONS FOR USE OF MILITARY
FORCE.
(a) Findings.--Congress makes the following findings:
(1) Article 1, Section 8, of the Constitution
provides Congress with the sole authority to ``declare
war''.
(2) Legal experts who have served in both Democratic
and Republic administrations recommend the inclusion of
a sunset clause or reauthorization requirement in
authorizations for use of military force to ensure that
Congress fulfills its constitutional duty to debate and
vote on whether to send United States servicemembers
into war.
(3) Sunset provisions have been included in 29
percent of prior authorizations for use of military
force and declarations of war.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the inclusion of a sunset provision or
reauthorization requirement in authorizations for use
of military force is critical to ensuring Congress's
exercise of its constitutional duty to declare war; and
(2) any joint resolution enacted to authorize the
introduction of United States forces into hostilities
or into situations where there is a serious risk of
hostilities should include a sunset provision setting
forth a date certain for the termination of the
authorization for the use of such forces absent the
enactment of a subsequent specific statutory
authorization for such use of the United States forces.
----------
388. An Amendment To Be Offered by Representative Spanberger of
Virginia or Her Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, add the following:
SEC. 5806. ONDCP SUPPLEMENTAL STRATEGIES.
Section 706(h) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is amended--
(1) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) develops performance measures and targets for
the National Drug Control Strategy for supplemental
strategies (the Southwest Border, Northern Border, and
Caribbean Border Counternarcotics Strategies) to
effectively evaluate region-specific goals, to the
extent the performance measurement system does not
adequately measure the effectiveness of the strategies,
as determined by the Director, such strategies may
evaluate interdiction efforts at and between ports of
entry, interdiction technology, intelligence sharing,
diplomacy, and other appropriate metrics, specific to
each supplemental strategies region, as determined by
the Director.''.
----------
389. An Amendment To Be Offered by Representative Arrington of Texas or
His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle B of title XIII, insert
the following:
SEC. __. REPORT ON MEXICO.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes the
following:
(1) A description of past and current bilateral
security cooperation with Mexico, including through
Northcom, the Department of Homeland Security, and the
Department of Justice (including the Drug Enforcement
Administration), including over the preceding 10 years.
(2) A description of the benefits of partnerships
with Mexican security forces in enforcing judicial
process for violent crimes and cartels along the
southern border.
(3) A description of increasing cartel control over
Mexican territory and its impacts on national security.
(4) A description of deteriorating role of electoral
and democratic institutions, including human rights
violations, and its impacts on national security.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex. The unclassified portion of such report shall be
published on a publicly available website of the Federal
government.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
----------
390. An Amendment To Be Offered by Representative Thompson of
Mississippi or His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
Subtitle B--Rights for the TSA Workforce Act of 2022
SEC. 5811. SHORT TITLE.
This subtitle may be cited as the ``Rights for the
Transportation Security Administration Workforce Act of 2022''
or the ``Rights for the TSA Workforce Act of 2022''.
SEC. 5812. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``adjusted basic pay'' means--
(A) the rate of pay fixed by law or
administrative action for the position held by
a covered employee before any deductions; and
(B) any regular, fixed supplemental payment
for non-overtime hours of work creditable as
basic pay for retirement purposes, including
any applicable locality payment and any special
rate supplement;
(2) the term ``Administrator'' means the
Administrator of the Transportation Security
Administration;
(3) the term ``appropriate congressional committees''
means the Committees on Homeland Security and Oversight
and Reform of the House of Representatives and the
Committees on Commerce, Science, and Transportation and
Homeland Security and Governmental Affairs of the
Senate;
(4) the term ``at-risk employee'' means a
Transportation Security Officer, Federal Air Marshal,
canine handler, or any other employee of the
Transportation Security Administration carrying out
duties that require substantial contact with the public
during the COVID-19 national emergency;
(5) the term ``conversion date'' means the date as of
which subparagraphs (A) through (F) of section
5813(c)(1) take effect;
(6) the term ``covered employee'' means an employee
who holds a covered position;
(7) the term ``covered position'' means a position
within the Transportation Security Administration;
(8) the term ``COVID-19 national emergency'' means
the national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.)
on March 13, 2020, with respect to the coronavirus;
(9) the term ``employee'' has the meaning given such
term by section 2105 of title 5, United States Code;
(10) the term ``Secretary'' means the Secretary of
Homeland Security;
(11) the term ``TSA personnel management system''
means any personnel management system established or
modified under--
(A) section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935
note); or
(B) section 114(n) of title 49, United States
Code;
(12) the term ``TSA'' means the Transportation
Security Administration; and
(13) the term ``2019 Determination'' means the
publication, entitled ``Determination on Transportation
Security Officers and Collective Bargaining'', issued
on July 13, 2019, by Administrator David P. Pekoske, as
modified, or any superseding subsequent determination.
SEC. 5813. CONVERSION OF TSA PERSONNEL.
(a) Restrictions on Certain Personnel Authorities.--
(1) In general.--Notwithstanding any other provision
of law, and except as provided in paragraph (2),
effective as of the date of the enactment of this Act--
(A) any TSA personnel management system in
use for covered employees and covered positions
on the day before such date of enactment, and
any TSA personnel management policy, letter,
guideline, or directive in effect on such day
may not be modified;
(B) no TSA personnel management policy,
letter, guideline, or directive that was not
established before such date issued pursuant to
section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935
note) or section 114(n) of title 49, United
States Code, may be established; and
(C) any authority to establish or adjust a
human resources management system under chapter
97 of title 5, United States Code, shall
terminate with respect to covered employees and
covered positions.
(2) Exceptions.--
(A) Pay.--Notwithstanding paragraph (1)(A),
the limitation in that paragraph shall not
apply to any TSA personnel management policy,
letter, guideline, or directive related to
annual adjustments to pay schedules and
locality-based comparability payments in order
to maintain parity with such adjustments
authorized under section 5303, 5304, 5304a, and
5318 of title 5, United States Code; and
(B) Additional policy.--Notwithstanding
paragraph (1)(B), new TSA personnel management
policy may be issued if--
(i) such policy is needed to resolve
a matter not specifically addressed in
policy in effect on the date of
enactment of this Act; and
(ii) the Secretary provides such
policy, with an explanation of its
necessity, to the appropriate
congressional committees not later than
7 days of issuance.
(C) Emerging threats to transportation
security during transition period.--
Notwithstanding paragraph (1), any TSA
personnel management policy, letter, guideline,
or directive related to an emerging threat to
transportation security, including national
emergencies or disasters and public health
threats to transportation security, may be
modified or established until the conversion
date. The Secretary shall provide to the
appropriate congressional committees any
modification or establishment of such a TSA
personnel management policy, letter, guideline,
or directive, with an explanation of its
necessity, not later than 7 days of such
modification or establishment.
(b) Personnel Authorities During Transition Period.--Any TSA
personnel management system in use for covered employees and
covered positions on the day before the date of enactment of
this Act and any TSA personnel management policy, letter,
guideline, or directive in effect on the day before the date of
enactment of this Act shall remain in effect until the
conversion date.
(c) Transition to Title 5.--
(1) In general.--Except as provided in paragraph (2),
effective as of the date determined by the Secretary,
but in no event later than December 31, 2022--
(A) the TSA personnel management system shall
cease to be in effect;
(B) section 114(n) of title 49, United States
Code, is repealed;
(C) section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935
note) is repealed;
(D) any TSA personnel management policy,
letter, guideline, and directive, including the
2019 Determination, shall cease to be
effective;
(E) any human resources management system
established or adjusted under chapter 97 of
title 5, United States Code, with respect to
covered employees or covered positions shall
cease to be effective; and
(F) covered employees and covered positions
shall be subject to the provisions of title 5,
United States Code.
(2) Chapters 71 and 77 of title 5.--Not later than 90
days after the date of enactment of this Act--
(A) chapter 71 and chapter 77 of title 5,
United States Code, shall apply to covered
employees carrying out screening functions
pursuant to section 44901 of title 49, United
States Code; and
(B) any policy, letter, guideline, or
directive issued under section 111(d) of the
Aviation and Transportation Security Act (49
U.S.C. 44935 note) related to matters otherwise
covered by such chapter 71 or 77 shall cease to
be in effect.
(3) Assistance of other agencies.--Not later than 180
days after the date of enactment of this Act or
December 31, 2022, whichever is earlier--
(A) the Office of Personnel Management shall
establish a position series and classification
standard for the positions of Transportation
Security Officer, Federal Air Marshal,
Transportation Security Inspector, and other
positions requested by the Administrator; and
(B) the Department of Agriculture's National
Finance Center shall make necessary changes to
its Financial Management Services and Human
Resources Management Services to ensure
payroll, leave, and other personnel processing
systems for TSA personnel are commensurate with
chapter 53 of title 5, United States Code, and
provide functions as needed to implement this
subtitle.
(d) Safeguards on Grievances and Appeals.--
(1) In general.--Each covered employee with a
grievance or appeal pending within TSA on the date of
the enactment of this Act or initiated during the
transition period described in subsection (c) shall
have the right to have such grievance or appeal removed
to proceedings pursuant to title 5, United States Code,
or continued within the TSA.
(2) Authority.--With respect to any grievance or
appeal continued within the TSA pursuant to paragraph
(1), the Administrator may consider and finally
adjudicate such grievance or appeal notwithstanding any
other provision of this subtitle.
(3) Preservation of rights.--Notwithstanding any
other provision of law, any appeal or grievance
continued pursuant to this section that is not finally
adjudicated pursuant to paragraph (2) shall be
preserved and all timelines tolled until the rights
afforded by application of chapters 71 and 77 of title
5, United States Code, are made available pursuant to
section 5813(c)(2) of this subtitle.
SEC. 5814. TRANSITION RULES.
(a) Nonreduction in Pay and Compensation.--Under pay
conversion rules as the Secretary may prescribe to carry out
this subtitle, a covered employee converted from a TSA
personnel management system to the provisions of title 5,
United States Code, pursuant to section 5813(c)(1)(F)--
(1) shall not be subject to any reduction in either
the rate of adjusted basic pay payable or law
enforcement availability pay payable to such covered
employee; and
(2) shall be credited for years of service in a
specific pay band under a TSA personnel management
system as if the employee had served in an equivalent
General Schedule position at the same grade, for
purposes of determining the appropriate step within a
grade at which to establish the employee's converted
rate of pay.
(b) Retirement Pay.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a proposal, including
proposed legislative changes if needed, for determining a
covered employee's average pay for purposes of calculating the
employee's retirement annuity, consistent with title 5, United
States Code, for any covered employee who retires within three
years of the conversion date, in a manner that appropriately
accounts for time in service and annual rate of basic pay
following the conversion date.
(c) Limitation on Premium Pay.--Notwithstanding section 5547
of title 5, United States Code, or any other provision of law,
a Federal Air Marshal or criminal investigator hired prior to
the date of enactment of this Act may be eligible for premium
pay up to the maximum level allowed by the Administrator prior
to the date of enactment of this Act. The Office of Personnel
Management shall recognize such premium pay as fully creditable
for the purposes of calculating pay and retirement benefits.
(d) Preservation of Law Enforcement Availability Pay and
Overtime Pay Rates for Federal Air Marshals.--
(1) Leap.--Section 5545a of title 5, United States
Code, is amended by adding at the end the following:
``(l) The provisions of subsections (a)-(h) providing for
availability pay shall apply to any Federal Air Marshal who is
an employee of the Transportation Security Administration.''.
(2) Overtime.--Section 5542 of such title is amended
by adding at the end the following:
``(i) Notwithstanding any other
provision of law, a Federal Air Marshal
who is an employee of the
Transportation Security Administration
shall receive overtime pay under this
section, at such a rate and in such a
manner, so that such Federal Air
Marshal does not receive less overtime
pay than such Federal Air Marshal would
receive were that Federal Air Marshal
subject to the overtime pay provisions
of section 7 of the Fair Labor
Standards Act of 1938.''.
(3) Effective date.--The amendments made by
paragraphs (1) and (2) shall begin to apply on the
conversion date (as that term is defined in section
5812 of the Rights for the TSA Workforce Act of 2022).
(e) Collective Bargaining Unit.--Notwithstanding section 7112
of title 5, United States Code, following the application of
chapter 71 pursuant to section 5813(c)(2) of this subtitle,
full- and part-time non-supervisory Transportation Security
Administration personnel carrying out screening functions under
section 44901 of title 49, United States Code, shall remain
eligible to form a collective bargaining unit.
(f) Preservation of Other Rights.--The Secretary shall take
any actions necessary to ensure that the following rights are
preserved and available for each covered employee as of the
conversion date and any covered employee appointed after the
conversion date, and continue to remain available to covered
employees after the conversion date:
(1) Any annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a
covered employee immediately before the conversion date
shall remain available to the employee until used,
subject to any limitation on accumulated leave under
chapter 63 of title 5, United States Code.
(2) Part-time personnel carrying out screening
functions under section 44901 of title 49, United
States Code, pay Federal Employees Health Benefits
premiums on the same basis as full-time TSA employees.
(3) Covered employees are provided appropriate leave
during national emergencies to assist the covered
employees and ensure TSA meets mission requirements,
notwithstanding section 6329a of title 5, United States
Code.
(4) Eligible covered employees carrying out screening
functions under section 44901 of title 49, United
States Code, receive a split-shift differential for
regularly scheduled split-shift work as well as
regularly scheduled overtime and irregular and
occasional split-shift work.
(5) Eligible covered employees receive group
retention incentives, as appropriate, notwithstanding
sections 5754(c), (e), and (f) of title 5, United
States Code.
SEC. 5815. CONSULTATION REQUIREMENT.
(a) Exclusive Representative.--
(1) In general.--
(A) Beginning on the date chapter 71 of title
5, United States Code, begins to apply to
covered employees pursuant to section
5813(c)(2), the labor organization certified by
the Federal Labor Relations Authority on June
29, 2011, or any successor labor organization,
shall be treated as the exclusive
representative of full- and part-time non-
supervisory TSA personnel carrying out
screening functions under section 44901 of
title 49, United States Code, and shall be the
exclusive representative for such personnel
under chapter 71 of title 5, United States
Code, with full rights under such chapter.
(B) Nothing in this subsection shall be
construed to prevent covered employees from
selecting an exclusive representative other
than the labor organization described under
paragraph (1) for purposes of collective
bargaining under such chapter 71.
(2) National level.--Notwithstanding any provision of
such chapter 71, collective bargaining for any unit of
covered employees shall occur at the national level,
but may be supplemented by local level bargaining and
local level agreements in furtherance of elements of a
national agreement or on local unit employee issues not
otherwise covered by a national agreement. Such local-
level bargaining and local-level agreements shall occur
only by mutual consent of the exclusive representative
of full and part-time non-supervisory TSA personnel
carrying out screening functions under section 44901 of
title 49, United States Code, and a TSA Federal
Security Director or their designee.
(3) Current agreement.--Any collective bargaining
agreement covering such personnel in effect on the date
of enactment of this Act shall remain in effect until a
collective bargaining agreement is entered into under
such chapter 71, unless the Administrator and exclusive
representative mutually agree to revisions to such
agreement.
(b) Consultation Process.--Not later than seven days after
the date of the enactment of this Act, the Secretary shall
consult with the exclusive representative for the personnel
described in subsection (a) under chapter 71 of title 5, United
States Code, on the formulation of plans and deadlines to carry
out the conversion of full- and part-time non-supervisory TSA
personnel carrying out screening functions under section 44901
of title 49, United States Code, under this subtitle. Prior to
the date such chapter 71 begins to apply pursuant to section
5813(c)(2), the Secretary shall provide (in writing) to such
exclusive representative the plans for how the Secretary
intends to carry out the conversion of such personnel under
this subtitle, including with respect to such matters as--
(1) the anticipated conversion date; and
(2) measures to ensure compliance with sections 5813
and 5814.
(c) Required Agency Response.--If any views or
recommendations are presented under subsection (b) by the
exclusive representative, the Secretary shall consider the
views or recommendations before taking final action on any
matter with respect to which the views or recommendations are
presented and provide the exclusive representative a written
statement of the reasons for the final actions to be taken.
SEC. 5816. NO RIGHT TO STRIKE.
Nothing in this subtitle may be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States
Code (relating to disloyalty and asserting the
right to strike against the Government); or
(B) section 7311 of title 5, United States
Code (relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in
paragraph (1).
SEC. 5817. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND CHECK
REQUIREMENTS.
Not later than one year after the date of enactment of this
Act, the Secretary shall submit a plan to the appropriate
congressional committees on a proposal to harmonize and update,
for the purposes of hiring and for authorizing or entering into
any contract for service, the restrictions in section 70105(c)
of title 46, United States Code, (relating to the issuance of
transportation security cards) and section 44936 of title 49,
United States Code, (relating to security screener employment
investigations and restrictions).
SEC. 5818. COMPTROLLER GENERAL REVIEWS.
(a) Review of Recruitment.--Not later than one year after the
date of the enactment of this Act, the Comptroller General
shall submit to Congress a report on the efforts of the TSA
regarding recruitment, including recruitment efforts relating
to veterans and the dependents of veterans and members of the
Armed Forces and the dependents of such members. Such report
shall also include recommendations regarding how the TSA may
improve such recruitment efforts.
(b) Review of Implementation.--Not later than 60 days after
the conversion date, the Comptroller General shall commence a
review of the implementation of this subtitle. The Comptroller
General shall submit to Congress a report on its review no
later than one year after such conversion date.
(c) Review of Promotion Policies and Leadership Diversity.--
Not later than one year after the date of the enactment of this
Act, the Comptroller General shall submit to Congress a report
on the efforts of the TSA to ensure that recruitment, hiring,
promotion, and advancement opportunities are equitable and
provide for demographics among senior leadership that are
reflective of the United States' workforce demographics writ
large. Such report shall, to the extent possible, include an
overview and analysis of the current demographics of TSA
leadership and, as appropriate, recommendations to improve
hiring and promotion procedures and diversity in leadership
roles that may include recommendations for how TSA can better
promote from within and retain and advance its workers.
(d) Review of Harassment and Assault Policies and
Protections.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report on the efforts of the TSA to ensure the
safety of its staff with regards to harassment and assault in
the workplace, such as incidents of sexual harassment and
violence and harassment and violence motivated by an
individual's perceived race, ethnicity, religion, gender
identity or sexuality, and including incidents where the
alleged perpetrator or perpetrators are members of the general
public. Such report shall include an overview and analysis of
the current TSA policies and response procedures, a detailed
description of if, when, and how these policies fail to
adequately protect TSA personnel, and, as appropriate,
recommendations for steps the TSA can take to better protect
its employees from harassment and violence in their workplace.
In conducting its review, the Comptroller General shall provide
opportunities for TSA employees of all levels and positions,
and unions and associations representing such employees, to
submit comments, including in an anonymous form, and take those
comments into account in its final recommendations.
SEC. 5819. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the TSA's personnel system provides insufficient
benefits and workplace protections to the workforce
that secures the nation's transportation systems and
that the TSA's workforce should be provided protections
and benefits under title 5, United States Code; and
(2) the provision of these title 5 protections and
benefits should not result in a reduction of pay or
benefits to current TSA employees.
SEC. 5820. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator may communicate with organizations
representing a significant number of Federal Air Marshals, to
the extent provided by law, to address concerns regarding
Federal Air Marshals related to the following:
(1) Mental health.
(2) Suicide rates.
(3) Morale and recruitment.
(4) Equipment and training.
(5) Work schedules and shifts, including mandated
periods of rest.
(6) Any other personnel issues the Administrator
determines appropriate.
SEC. 5821. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.
The Administrator, in coordination with the Director of the
Centers for Disease Control and Prevention and the Director of
the National Institute of Allergy and Infectious Diseases,
shall ensure that covered employees are provided proper
guidance regarding prevention and protections against the
COVID-19 National Emergency, including appropriate resources.
SEC. 5822. HAZARDOUS DUTY PAYMENTS.
Subject to the availability of appropriations, and not later
than 90 days after receiving such appropriations, the
Administrator shall provide a one-time bonus payment of $3,000
to each at-risk employee.
SEC. 5823. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary, to remain available until expended, to carry out
this subtitle.
SEC. 5824. STUDY ON FEASIBILITY OF COMMUTING BENEFITS.
Not later than 270 days after the enactment of this Act, the
Administrator shall submit to the appropriate congressional
committees a feasibility study on allowing covered employees
carrying out screening functions under section 44901 of title
49, United States Code, to treat as hours of employment time
spent by such employees regularly traveling between airport
parking lots and bus and transit stops and screening
checkpoints before and after the regular work day. In
conducting such study, the Administrator shall consider--
(1) the amount of time needed to travel to and from
airport parking lots and bus and transit stops at
representative airports of various sizes;
(2) the feasibility of using mobile phones and
location data to allow employees to report their
arrival to and departure from airport parking lots and
bus and transit stops; and
(3) the estimated costs of providing such benefits.
SEC. 5825. BRIEFING ON ASSAULTS AND THREATS ON TSA EMPLOYEES.
Not later than 90 days after the date of the enactment of
this Act, the Administrator shall brief the appropriate
congressional committees regarding the following:
(1) Reports to the Administrator of instances of
physical or verbal assault or threat made by a member
of the general public against a covered employee
engaged in carrying out screening functions under
section 44901 of title 49, United States Code, since
January 1, 2019.
(2) Procedures for reporting such assaults and
threats, including information on how the Administrator
communicates the availability of such procedures.
(3) Any steps taken by TSA to prevent and respond to
such assaults and threats.
(4) Any related civil actions and criminal referrals
made annually since January 1, 2019.
(5) Any additional authorities needed by the
Administrator to better prevent or respond to such
assaults and threats.
SEC. 5826. ANNUAL REPORTS ON TSA WORKFORCE.
Not later than one year after the date of the enactment of
this Act and annually thereafter, the Administrator shall
submit to the appropriate congressional committees a report
that contains the following:
(1) An analysis of the Office of Personnel
Management's Federal Employee Viewpoint Survey (FEVS)
to determine job satisfaction rates of covered
employees.
(2) Information relating to retention rates of
covered employees at each airport, including transfers,
in addition to aggregate retention rates of covered
employees across the TSA workforce.
(3) Information relating to actions taken by the TSA
intended to improve workforce morale and retention.
----------
391. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 857, insert after line 6 the following:
SEC. 1336. DEPARTMENT OF STATE ACTIONS RELATING TO GLOBAL CLIMATE
CHANGE.
(a) Climate Change Officers.--
(1) In general.--The Secretary of State shall
establish and staff Climate Change Officer positions.
Such Officers shall serve under the supervision of the
appropriate chief of mission or the Under Secretary for
Economic Growth, Energy, and the Environment of the
Department of State, as the case may be. The Secretary
shall ensure each embassy, consulate, and diplomatic
mission to which such Officers are assigned pursuant to
paragraph (2) has sufficient additional and appropriate
staff to support such Officers.
(2) Assignment.--Climate Change Officers shall be
assigned to the following posts:
(A) United States embassies, or, if
appropriate, consulates.
(B) United States diplomatic missions to, or
liaisons with, regional and multilateral
organizations, including the United States
diplomatic missions to the European Union,
African Union, Organization of American States,
Arctic Council, and any other appropriate
regional organization, and the United Nations
and its relevant specialized agencies.
(C) Other posts as designated by the
Secretary.
(3) Responsibilities.--Each Climate Change Officer
shall--
(A) provide expertise on effective approaches
to--
(i) mitigate the emission of gases
which contribute to global climate
change and formulate national and
global plans for reducing such gross
and net emissions; and
(ii) reduce the detrimental impacts
attributable to global climate change,
and adapt to such impacts;
(B) engage and convene, in a manner that is
equitable, inclusive, and just, with
individuals and organizations which represent a
government office, a nongovernmental
organization, a social or political movement, a
private sector entity, an educational or
scientific institution, or any other entity
concerned with--
(i) global climate change; the
emission of gases which contribute to
global climate change; or
(ii) reducing the detrimental impacts
attributable to global climate change;
(C) facilitate engagement by United States
entities in bilateral and multilateral
cooperation on climate change; and
(D) carry out such other responsibilities as
the Secretary may assign.
(b) Responsibilities of Under Secretary.--The Under Secretary
for Economic Growth, Energy, and the Environment of the
Department of State shall, including by acting through the
Bureau of Oceans and International Environmental and Scientific
Affairs of the Department of State--
(1) provide policy guidance to Climate Change
Officers established under subsection (a);
(2) develop relations with, consult with, and provide
assistance to relevant individuals and organizations
concerned with studying, mitigating, and adapting to
global climate change, or reducing the emission of
gases which contribute to global climate change; and
(3) assist officers and employees of regional bureaus
of the Department of State to develop strategies and
programs to promote studying, mitigating, and adapting
to global climate change, or reducing the emission of
gases which contribute to global climate change.
(c) Actions by Chiefs of Mission.--Each chief of mission in a
foreign country shall--
(1) develop, as part of annual joint strategic plans
or equivalent program and policy planning, a strategy
to promote actions to improve and increase studying,
mitigating, and adapting to global climate change, or
reducing the emission of gases which contribute to
global climate change by--
(A) consulting and coordinating with and
providing support to relevant individuals and
organizations, including experts and other
professionals and stakeholders on issues
related to climate change; and
(B) holding periodic meetings with such
relevant individuals and organizations relating
to such strategy;
(2) hold ongoing discussions with the officials and
leaders of such country regarding progress to improve
and increase studying, mitigating, and adapting to
global climate change, or reducing the emission of
gases which contribute to global climate change in a
manner that is equitable, inclusive, and just in such
country; and
(3) certify annually to the Secretary of State that
to the maximum extent practicable, considerations
related to climate change adaptation and mitigation,
sustainability, and the environment were incorporated
in activities, management, and operations of the United
States embassy or other diplomatic post under the
director of the chief of mission.
(d) Training.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall establish
curriculum at the Department of State's Foreign Service
Institute that supplements political and economic reporting
tradecraft courses in order to provide employees of the
Department with specialized training with respect to studying,
mitigating, and adapting to global climate change, or reducing
the emission of gases which contribute to global climate
change. Such training shall include the following:
(1) Awareness of the full range of national and
subnational agencies, offices, personnel, statutory
authorities, funds, and programs involved in the
international commitments of the United States
regarding global climate change and the emission of
gases which contribute to global climate change, the
science of global climate change, and methods for
mitigating and adapting to global climate change.
(2) Awareness of methods for mitigating and adapting
to global climate change and reducing the emission of
gases which contribute to global climate change that
are equitable, inclusive, and just.
(3) Familiarity with United States agencies,
multilateral agencies, international financial
institutions, and the network of donors providing
assistance to mitigate and adapt to global climate
change.
(4) Awareness of the most frequently announced goals
and methods of the entities specified in subsection
(a)(3)(B).
(e) Contracting.--Contracting and agreements officers of the
Department of State, and other United States embassy personnel
responsible for contracts, grants, or acquisitions, shall
receive training on evaluating proposals, solicitations, and
bids, for considerations related to sustainability and adapting
to or mitigating impacts from climate change.
(f) Reporting.--Not later than 180 days after the date of the
enactment of this Act and biennially thereafter, the Secretary
of State shall submit to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House of
Representatives a report that includes a detailed breakdown of
posts at which staff are assigned the role of Climate Change
Officer, the responsibilities to which they have been assigned,
and the strategies developed by the chief of mission, as
applicable.
(g) Sense of Congress.--It is the sense of Congress that
climate diplomacy tools, including the establishment of Climate
Change Officers and supporting staff under this section, are
critical for demonstrating the commitment to include climate
changes issues as core tenets of foreign policy priorities, as
well as preserving the United States role as a global leader on
climate change action.
----------
392. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SECTION 53__. CLIMATE RESILIENCE.
(a) Office of Climate Resilience.--
(1) Establishment.--Not later than 60 days after the
date of enactment of this Act, the President shall
establish an Office of Climate Resilience (hereinafter
referred to as the ``Office'') within the White House.
(2) Director.--
(A) Appointment.--The President shall appoint
a Director of the Office.
(B) Term.--The Director shall serve for a
period of 5 years.
(C) Termination.--The President may terminate
the Director prior to the end of the term
described in subparagraph (B) for issues with
performance.
(3) Purpose.--The purpose of the Office shall be to
use information from all sectors involved in climate
resilience, including frontline community experience,
scientific expertise, and labor organization input to
coordinate Federal actions to support a climate
resilient nation and operate as a Secretariat.
(4) Functions.--The Office shall--
(A) convene the necessary Federal and
external stakeholders to inform and develop a
national climate resilience action plan;
(B) revise the plan described in subparagraph
(A) every 5 years, or more frequently if
determined necessary by the Director based on
science;
(C) support Federal agencies in developing
and revising agency-specific climate resilience
actions plans and compile such plans into a
Federal Government climate resilience action
plan;
(D) coordinate with other Federal activities
related to climate resilience, including
efforts made by the National Environmental
Justice Advisory Council and the White House
Environmental Justice Advisory Council; and
(E) evaluate the effectiveness of the
national climate resilience action plan in
achieving a climate resilient nation through
annual assessments and annual reporting to
Congress.
(5) Staffing.--
(A) In general.--The Director of the Office
shall appoint staff to organize the activities
of and provide support for the members of the
Climate Resilience Equity Advisory Board
established under section 5 of this Act, the
interagency working group, and the Climate
Resilience Task Force.
(B) Additional employees.--The Director may
hire other employees as needed to exercise and
fulfil the function and purpose of the Office.
(b) Climate Resilience Equity Advisory Board.--
(1) Establishment.--Not later than 6 months after the
date of enactment of this Act, the Director of the
Office of Climate Resilience shall establish a Climate
Resilience Equity Advisory Board (herein after referred
to as the ``Advisory Board'').
(2) Purpose.--The purpose of the Advisory Board shall
be to advise and make recommendations to the Office of
Climate Resilience to ensure that the knowledge,
experiences, and priorities of frontline communities
are incorporated into Federal climate resilience
efforts.
(3) Functions.--The Advisory Board shall--
(A) participate in the planning process to
develop a national climate resilience action
plan, including by advising and making
recommendations to the interagency workgroup,
Climate Resilience Task Force, and labor,
worker, and workforce development stakeholders
to ensure that--
(i) the knowledge, lived experiences,
and priorities of frontline communities
are incorporated into the strategies,
actions, and projects proposed in the
national climate resilience action plan
and agency climate resilience plans;
and
(ii) climate resilience jobs and
training opportunities prioritize and
are accessible to frontline
communities;
(B) advise and make recommendations to the
Office of Climate Resilience on ongoing climate
resilience activities; and
(C) collaborate with, advise, and make
recommendations to the Center for the Climate
Resilience Workforce on the activities of such
Center.
(4) Membership.--
(A) In general.--Members of the Advisory
Board shall be representatives of frontline
communities.
(B) Application process.--The Director of the
Office shall develop an application process and
criteria that, at minimum, shall require
applicants for the Advisory Board to provide--
(i) letters of support from 3
individuals who are members of the
community they represent, highlighting
the qualifications and relevant lived,
volunteer, or paid work experience the
individual possesses to serve on the
Advisory Board; and
(ii) demographic information about
the community represented by the
individual including data on population
size, income, race, education level,
geographic location, and health,
climate, and environmental risks faced.
(C) Size of board.--
(i) In general.--The Advisory Board
shall be comprised of not less than 12
members that provide diverse and fair
representation of frontline
communities.
(ii) Additional members.--The
Director may select additional members
representing frontline communities for
the Advisory Board on an interim or
permanent basis.
(D) Term.--
(i) In general.--A member shall serve
on the Advisory Board for a term of 3
years.
(ii) Term limit.--A member may serve
on the Advisory Board for not more than
2 terms.
(5) Compensation.--The Director of the Office shall
establish guidelines and a process for providing
compensation to individuals who would otherwise not be
able to participate or who would experience financial
hardship without such compensation.
(6) Public participation and transparency.--The Board
shall make every effort, consistent with applicable
law, including section 552 of title 5, United States
Code, and section 552a of title 5, United States Code,
to maximize public participation and transparency,
including making the advice of the Board publicly
available in electronic form, including video
streaming, on the website of the Office.
(7) Applicability of law.--Section 14(a)(2) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Advisory Committee.
(c) Definitions.--In this section:
(1) Climate resilience.--The term ``climate
resilience''--
(A) means the ability and capacity of social,
economic, and environmental systems, organized
as natural ecosystems and human communities, to
anticipate, prepare for, adapt to, respond to,
and recover from hazardous events, trends, or
disturbances related to climate change; and
(B) includes the ability to engage in an
iterative process of--
(i) assessing how climate change will
create new, or alter current climate
related risks, and how such risks are
distributed within and across natural
ecosystems and human communities,
including--
(I) for human communities,
risks shall be assessed by
geography, race, ethnicity,
socioeconomic status, health
and other demographic and
social factors, as applicable;
and
(II) for natural ecosystems,
risks shall be assessed by
geography, species and
ecosystem services, as
applicable;
(ii) identifying human populations,
animal and plant species, ecosystem
services and habitats that face
disproportionate risks and impacts of
climate change, including--
(I) for human populations,
identifying risks due to
historic and ongoing systemic
racism, economic inequity, and
environmental degradation and
pollution; and
(II) for natural species and
ecosystem services, identifying
risks due to environmental
degradation, pollution and
other anthropogenic impacts;
(iii) working to address the root
causes that lead the entities
identified in clause (ii) to be
disproportionately vulnerable to the
risks and impacts of climate change;
and
(iv) prioritizing the natural
species, ecosystem services and human
populations identified in clause (ii)
in taking steps to--
(I) mitigate climate change
by addressing its causes and
impacts to the greatest extent
possible as quickly as
possible;
(II) prepare for and adapt to
the unavoidable impacts of
climate change by ensuring that
effective risk reduction and
management and adaptation
strategies can be implemented
and maintained; and
(III) recover from and
rebuild after climate disasters
in ways that minimize future
risks and increase the ability
of natural ecosystems and human
communities to face future
risks with less harm.
(2) Co-operative.--The term ``co-operative'' has the
meaning given such term in section 1381 of the Internal
Revenue Code of 1986.
(3) Community of color.--The term ``community of
color'' means a census block group or series of
geographically contiguous blocks in which the
population of any of the following categories of
individuals, individually or in combination, comprises
30 percent or more of the population of persons in the
census block group or series of geographically
contiguous blocks:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-white race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(4) Director.--The term ``Director'' means the
director of the Office of Climate Resilience
established under section 1 of this Act.
(5) Frontline community.--The term ``frontline
community'' means--
(A) a community or population that, due to
systemic racial or economic injustice, has been
made vulnerable to experience disproportionate
exposure to environmental hazards, including--
(i) a low-income community;
(ii) a community of color; and
(iii) a Tribal or indigenous
community;
(B) a community that has been primarily
economically dependent on fossil fuel
industries; and
(C) a community or population that is
vulnerable or systematically disadvantaged and
therefore has a higher likelihood of being
impacted by environmental and climate injustice
and inequitable climate actions, including--
(i) linguistically isolated
communities;
(ii) individuals with limited English
proficiency;
(iii) immigrants and refugees;
(iv) individuals with limited
mobility;
(v) individuals who are ill;
(vi) vulnerable elderly populations;
(vii) children, youth, and pregnant
women;
(viii) individuals with disabilities;
(ix) LGBTQ+ individuals;
(x) institutionalized populations;
(xi) individuals living in isolated
rural areas;
(xii) unhoused populations; and
(xiii) workers whose job requires
such worker to work outdoors.
(6) Labor organization.--The term ``labor
organization'' has the meaning given such term in
section 2(5) of the National Labor Relations Act (29
U.S.C. 152(5)).
(7) Labor, worker, and workforce development
stakeholders.--The term ``labor, worker, and workforce
development stakeholders'' shall include--
(A) individuals who are members of
populations facing barriers to employment who
have shown leadership in addressing such
barriers;
(B) worker-driven entities dedicated to
ensuring collective worker voice and
representation, including--
(i) labor unions;
(ii) worker centers; and
(iii) worker associations;
(C) organizations that advocate for
improvement to worker rights and working
conditions, including organizations that work
to expand collective bargaining, raise worker
wages, improve workplace safety, reduce and end
discrimination and increase workplace equity;
(D) individuals and organizations, including
potential employers, that possess knowledge of
the jobs, skills, and occupations that pertain
to climate resilience work, in order to inform
workforce and training needs; and
(E) entities with proven track records in
designing and participating in workforce
development and training programs resulting in
higher wages and improved job security for
workers, including--
(i) community colleges;
(ii) nonprofit organizations; and
(iii) joint labor management
partnerships.
(8) Low-income community.--The term ``low-income
community'' means any census block group in which 30
percent or more of the population of such block group
are individuals with an annual household income equal
to, or less than, the greater of--
(A) an amount equal to 80 percent of the
median income of the area in which the
household is located, as reported by the
Department of Housing and Urban Development;
and
(B) 200 percent of the Federal poverty line.
(9) Non-profit organization.--The term ``non-profit
organization'' means an organization under section
501(c)(3) of the Internal Revenue Code of 1986.
(10) Population.--The term ``population'' means a
census block group or series of geographically
contiguous blocks representing certain common
characteristics, including race, ethnicity, national
origin, income-level, health disparities, or other
public health or socioeconomic attributes.
(11) Populations facing barriers to employment.--The
term ``populations facing barriers to employment''
means populations that have faced systemic barriers to
employment, significant, systemic job losses, or
chronic underemployment or insecure employment due to
failed economic policies, including--
(A) undocumented individuals;
(B) individuals with criminal records;
(C) individuals who are formerly
incarcerated;
(D) deindustrialized communities; and
(E) demographic populations with unemployment
levels higher than the national average.
(12) State.--The term ``State'' includes each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands of the
United States, the Commonwealth of the Northern Mariana
Islands, the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of
Palau, and the territories and possessions of the
United States.
(13) Tribal or indigenous community.--The term
``Tribal or indigenous community'' means a population
of people who are members of--
(A) a federally recognized Indian Tribe;
(B) a State recognized Indian Tribe;
(C) an Alaskan Native or Native Hawaiian
community or organization; and
(D) any other community of indigenous people
located in a State.
(14) Worker center.--The term ``worker center'' means
a non-profit organization or a co-operative that--
(A) has as one if its primary goals the
improvement of worker rights, workplace safety,
wages, working conditions, or employment
access, or the promotion of enhanced worker
voice; and
(B) which has some kind of formal mechanism
by which workers who stand to benefit from
these improvements may directly participate in
organizational decision-making.
----------
393. An Amendment To Be Offered by Representative Himes of Connecticut
or His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. SPECIAL MEASURES TO FIGHT MODERN THREATS.
(a) Findings.--Congress finds the following:
(1) The Financial Crimes Enforcement Network (FinCEN)
is the Financial Intelligence Unit of the United States
tasked with safeguarding the financial system from
illicit use, combating money laundering and its related
crimes including terrorism, and promoting national
security.
(2) Per statute, FinCEN may require domestic
financial institutions and financial agencies to take
certain ``special measures'' against jurisdictions,
institutions, classes of transactions, or types of
accounts determined to be of primary money laundering
concern, providing the Secretary with a range of
options, such as enhanced record-keeping, that can be
adapted to target specific money laundering and
terrorist financing and to bring pressure on those that
pose money laundering threats.
(3) This special-measures authority was granted in
2001, when most cross-border transactions occurred
through correspondent or payable-through accounts held
with large financial institutions which serve as
intermediaries to facilitate financial transactions on
behalf of other banks.
(4) Innovations in financial services have
transformed and expanded methods of cross-border
transactions that could not have been envisioned 20
years ago when FinCEN was given its special-measures
authority.
(5) These innovations, particularly through digital
assets and informal value transfer systems, while
useful to legitimate consumers and law enforcement, can
be tools abused by bad actors like sanctions evaders,
fraudsters, money launderers, and those who commit
ransomware attacks on victimized U.S. companies and
which abuse the financial system to move and obscure
the proceeds of their crimes.
(6) Ransomware attacks on U.S. companies requiring
payments in cryptocurrencies have increased in recent
years, with the U.S. Treasury estimating that
ransomware payments in the United States reached $590
million in just the first half of 2021, compared to a
total of $416 million in 2020.
(7) As ransomware attacks organized by Chinese and
other foreign bad actors continue to grow in size and
scope, modernizing FinCEN's special measure authorities
will empower FinCEN to adapt its existing tools,
monitor and obstruct global financial threats, and meet
the challenges of combating 21st century financial
crime.
(b) Prohibitions or Conditions on Certain Transmittals of
Funds.--Section 5318A of title 31, United States Code, is
amended--
(1) in subsection (a)(2)(C), by striking ``subsection
(b)(5)'' and inserting ``paragraphs (5) and (6) of
subsection (b)''; and
(2) in subsection (b)--
(A) in paragraph (5), by striking ``for or on
behalf of a foreign banking institution''; and
(B) by adding at the end the following:
``(6) Prohibitions or conditions on certain
transmittals of funds.--If the Secretary finds a
jurisdiction outside of the United States, 1 or more
financial institutions operating outside of the United
States, 1 or more types of accounts within, or
involving, a jurisdiction outside of the United States,
or 1 or more classes of transactions within, or
involving, a jurisdiction outside of the United States
to be of primary money laundering concern, the
Secretary, in consultation with the Secretary of State,
the Attorney General, and the Chairman of the Board of
Governors of the Federal Reserve System, may prohibit,
or impose conditions upon certain transmittals of funds
(as such term may be defined by the Secretary in a
special measure issuance, by regulation, or as
otherwise permitted by law), to or from any domestic
financial institution or domestic financial agency if
such transmittal of funds involves any such
jurisdiction, institution, type of account, or class of
transaction.''.
----------
394. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. SUBMISSION OF DATA RELATING TO DIVERSITY.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C.
78m) is amended by adding at the end the following:
``(s) Submission of Data Relating to Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the
meaning given the term in section 230.501(f) of
title 17, Code of Federal Regulations, as in
effect on the date of enactment of this
subsection; and
``(B) the term `veteran' has the meaning
given the term in section 101 of title 38,
United States Code.
``(2) Submission of disclosure.--Each issuer required
to file an annual report under subsection (a) shall
disclose in any proxy statement and any information
statement relating to the election of directors filed
with the Commission the following:
``(A) Demographic data, based on voluntary
self-identification, on the racial, ethnic,
gender identity, and sexual orientation
composition of--
``(i) the board of directors of the
issuer;
``(ii) nominees for the board of
directors of the issuer; and
``(iii) the executive officers of the
issuer.
``(B) The status of any member of the board
of directors of the issuer, any nominee for the
board of directors of the issuer, or any
executive officer of the issuer, based on
voluntary self-identification, as a veteran.
``(C) Whether the board of directors of the
issuer, or any committee of that board of
directors, has, as of the date on which the
issuer makes a disclosure under this paragraph,
adopted any policy, plan, or strategy to
promote racial, ethnic, and gender diversity
among--
``(i) the board of directors of the
issuer;
``(ii) nominees for the board of
directors of the issuer; or
``(iii) the executive officers of the
issuer.
``(3) Alternative submission.--In any 1-year period
in which an issuer required to file an annual report
under subsection (a) does not file with the Commission
a proxy statement or an information statement relating
to the election of directors, the issuer shall disclose
the information required under paragraph (2) in the
first annual report of issuer that the issuer submits
to the Commission after the end of that 1-year period.
``(4) Annual report.--Not later than 18 months after
the date of enactment of this subsection, and annually
thereafter, the Commission shall submit to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the
House of Representatives, and publish on the website of
the Commission, a report that analyzes the information
disclosed under paragraphs (2) and (3) and identifies
any trends with respect to such information.
``(5) Best practices.--
``(A) In general.--The Director of the Office
of Minority and Women Inclusion of the
Commission shall, not later than 3 years after
the date of enactment of this subsection, and
every 3 years thereafter, publish best
practices for compliance with this subsection.
``(B) Comments.--The Director of the Office
of Minority and Women Inclusion of the
Commission may, pursuant to subchapter II of
chapter 5 of title 5, United States Code,
solicit public comments related to the best
practices published under subparagraph (A).''.
SEC. 5404. DIVERSITY ADVISORY GROUP.
(a) Definitions.--For the purposes of this section:
(1) Advisory group.--The term ``Advisory Group''
means the Diversity Advisory Group established under
subsection (b).
(2) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(3) Issuer.--The term ``issuer'' has the meaning
given the term in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)).
(b) Establishment.--The Commission shall establish a
Diversity Advisory Group, which shall be composed of
representatives from--
(1) the Federal Government and State and local
governments;
(2) academia; and
(3) the private sector.
(c) Study and Recommendations.--The Advisory Group shall--
(1) carry out a study that identifies strategies that
can be used to increase gender identity, racial,
ethnic, and sexual orientation diversity among members
of boards of directors of issuers; and
(2) not later than 270 days after the date on which
the Advisory Group is established, submit to the
Commission, the Committee on Banking, Housing, and
Urban Affairs of the Senate, and the Committee on
Financial Services of the House of Representatives a
report that--
(A) describes any findings from the study
conducted under paragraph (1); and
(B) makes recommendations regarding
strategies that issuers could use to increase
gender identity, racial, ethnic, and sexual
orientation diversity among board members.
(d) Annual Report.--Not later than 1 year after the date on
which the Advisory Group submits the report required under
subsection (c)(2), and annually thereafter, the Commission
shall submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report that describes the
status of gender identity, racial, ethnic, and sexual
orientation diversity among members of the boards of directors
of issuers.
(e) Public Availability of Reports.--The Commission shall
make all reports of the Advisory Group available to issuers and
the public, including on the website of the Commission.
(f) Inapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
with respect to the Advisory Group or the activities of the
Advisory Group.
----------
395. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
Page 1348, insert after line 23 the following (and conform
the table of contents accordingly):
SEC. 5806. SURVIVORS' BILL OF RIGHTS.
(a) Definition of Covered Formula Grant.--In this section,
the term ``covered formula grant'' means a grant under part T
of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the
``STOP Violence Against Women Formula Grant Program'').
(b) Grant Increase.--The Attorney General shall increase the
amount of the covered formula grant provided to a State in
accordance with this section if the State has in effect a law
that provides to sexual assault survivors the rights, at a
minimum, under section 3772 of title 18, United States Code.
(c) Application.--A State seeking an increase to a covered
formula grant under this section shall submit an application to
the Attorney General at such time, in such manner, and
containing such information as the Attorney General may
reasonably require, including information about the law
described in subsection (b).
(d) Period of Increase.--The Attorney General may not provide
an increase in the amount of the covered formula grant provided
to a State under this section more than 4 times.
----------
396. An Amendment To Be Offered by Representative Brownley of
California or Her Designee, Debatable for 10 Minutes
At the end of title LI, insert the following new section:
SEC. 51__. LIMITATION ON COPAYMENTS FOR CONTRACEPTION.
Section 1722A(a)(2) of title 38, United States Code, is
amended--
(1) by striking ``to pay'' and all that follows
through the period and inserting ``to pay--''; and
(2) by adding at the end the following new
subparagraphs:
``(A) an amount in excess of the cost to the
Secretary for medication described in paragraph
(1); or
``(B) an amount for any contraceptive item
for which coverage under health insurance
coverage is required without the imposition of
any cost-sharing requirement pursuant to
section 2713(a)(4) of the Public Health Service
Act (42 U.S.C. 300gg-13(a)(4)).''.
----------
397. 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
new section:
SEC. 3__. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF DEFENSE
RELATING TO RENEWABLE BIOMASS AND BIOGAS.
(a) Clarification of Renewable Energy Sources.--Section 2924
of title 10, United States Code, is amended--
(1) in paragraph (6)--
(A) by redesignating subparagraphs (D)
through (I) as subparagraphs (E) through (J),
respectively; and
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) Biogas.''; and
(2) by adding at the end the following new
paragraphs:
``(7) The term `biomass' has the meaning given the
term `renewable biomass' in section 211(o)(1) of the
Clean Air Act (42 U.S.C. 7545(o)(1)), and the
regulations thereunder.
``(8) The term `biogas' means biogas as such term is
used in section 211(o)(1)(B)(ii)(V) of the Clean Air
Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)), and the
regulations thereunder.''.
(b) Requirement.--With respect to any energy-related activity
carried out pursuant to chapter 173 of title 10, United States
Code, biomass and biogas (as such terms are defined in section
2924 of such title, as amended by subsection (a)) shall be
considered an eligible energy source for purposes of such
activity.
----------
398. An Amendment To Be Offered by Representative Ross of North
Carolina or Her Designee, Debatable for 10 Minutes
At the end of title LV, add the following:
SEC. __. LEASING ON THE OUTER CONTINENTAL SHELF.
(a) Leasing Authorized.--Notwithstanding the Presidential
Memorandum entitled ``Memorandum on the Withdrawal of Certain
Areas of the United States Outer Continental Shelf from Leasing
Disposition'' (issued September 8, 2020) and the Presidential
Memorandum entitled ``Presidential Determination on the
Withdrawal of Certain Areas of the United States Outer
Continental Shelf from Leasing Disposition'' (issued September
25, 2020), the Secretary of the Interior is authorized to grant
leases pursuant to section 8(p)(1)(C) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) in the South Atlantic
Planning Area, the Straits of Florida Planning Area, and the
Mid Atlantic Planning Area designated by the Bureau of Ocean
Energy Management as of September 25, 2020.
(b) Withdrawals.--Any Presidential withdrawal of an area of
the Outer Continental Shelf from leasing under section 12(a) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a))
issued after the date of enactment of this section shall apply
only to leasing authorized under subsections (a) and (i) of
section 8 of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a) and 1337(i)), unless the withdrawal explicitly applies
to other leasing authorized under such Act.
----------
399. An Amendment To Be Offered by Representative Pappas of New
Hampshire or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. __. LIMITATION ON TRANSFER OF F-16 AIRCRAFT.
The President may not sell or authorize a license for the
export of new F-16 aircraft or F-16 upgrade technology or
modernization kits pursuant to any authority provided by the
Arms Export Control Act (22 U.S.C. 2751 et seq.) to the
Government of Turkey, or to any agency or instrumentality of
Turkey unless the President provides to the Committee on
Foreign Relations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the congressional
defense committees a certification--
(1) that such transfer is in the national interest of
the United States; and
(2) that includes a detailed description of concrete
steps taken to ensure that such F-16s are not used by
Turkey for repeated unauthorized territorial
overflights of Greece.
----------
400. An Amendment To Be Offered by Representative Williams of Georgia
or Her Designee, Debatable for 10 Minutes
At the end of title LIII of division E, add the following:
SEC. __. PERMITTING USE OF HIGHWAY TRUST FUND FOR CONSTRUCTION OF
CERTAIN NOISE BARRIERS.
(a) In General.--Section 339(b) of the National Highway
System Designation Act of 1995 (23 U.S.C. 109 note) is amended
to read as follows:
``(1) General rule.--No funds made available out of
the Highway Trust Fund may be used to construct a Type
II noise barrier (as defined by section 772.5 of title
23, Code of Federal Regulations) pursuant to
subsections (h) and (i) of section 109 of title 23,
United States Code.
``(2) Exceptions.--Paragraph (1) shall not apply to
construction or preservation of a Type II noise barrier
if such a barrier--
``(A) was not part of a project approved by
the Secretary before November 28, 1995;
``(B) is proposed along lands that were
developed or were under substantial
construction before approval of the acquisition
of the rights-of-ways for, or construction of,
the existing highway; or
``(C) as determined and applied by the
Secretary, separates a highway or other noise
corridor from a group of structures of which
the majority of such structures closest to the
highway or noise corridor--
``(i) are residential in nature; and
``(ii) are at least 10 years old as
of the date of the proposal of the
barrier project.''.
(b) Eligibility for Surface Transportation Block Grant
Funds.--Section 133 of title 23, United States Code, is
amended--
(1) in subsection (b) by adding at the end the
following:
``(25) Planning, design, preservation, or
construction of a Type II noise barrier (as described
in section 772.5 of title 23, Code of Federal
Regulations) and consistent with the requirements of
section 339(b) of the National Highway System
Designation Act of 1995 (23 U.S.C. 109 note).''; and
(2) in subsection (c)(2) by striking ``and paragraph
(23)'' and inserting ``, paragraph (23), and paragraph
(25)''.
(c) Multipurpose Noise Barriers.--
(1) In general.--The Secretary of Transportation
shall ensure that a noise barrier constructed or
preserved under section 339(b) of the National Highway
System Designation Act of 1995 (23 U.S.C. 109 note) or
with funds made available under title 23, United States
Code, may be a multipurpose noise barrier.
(2) State approval.--A State, on behalf of the
Secretary, may approve accommodation of a secondary
beneficial use on a noise barrier within a right-of-way
on a Federal-aid highway.
(3) Definitions.--In this subsection:
(A) Multipurpose noise barrier.--The term
``multipurpose noise barrier'' means any noise
barrier that provides a secondary beneficial
use, including a barrier that hosts or
accommodates renewable energy generation
facilities, electrical transmission and
distribution infrastructure, or broadband
infrastructure and conduit.
(B) Secondary beneficial use.--The term
``secondary beneficial use'' means an
environmental, economic, or social benefit in
addition to highway noise mitigation.
(d) Aesthetics.--A project sponsor constructing or preserving
a noise barrier under section 339(b) of the National Highway
System Designation Act of 1995 (23 U.S.C. 109 note) or with
funds made available under title 23, United States Code, shall
consider the aesthetics of the proposed noise barrier,
consistent with latest version of the Noise Barrier Design
Handbook published by the Federal Highway Administration of the
Department of Transportation.
----------
401. An Amendment To Be Offered by Representative Beatty of Ohio or Her
Designee, Debatable for 10 Minutes
At the end title LIV add the following:
SEC. 54__. DISCOUNT ON MORTGAGE INSURANCE PREMIUM PAYMENTS FOR FIRST-
TIME HOMEBUYERS WHO COMPLETE FINANCIAL LITERACY
HOUSING COUNSELING PROGRAMS.
The second sentence of subparagraph (A) of section 203(c)(2)
of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is
amended--
(1) by inserting before the comma the following:
``and such program is completed before the mortgagor
has signed an application for a mortgage to be insured
under this title or a sales agreement''; and
(2) by striking ``not exceed 2.75 percent of the
amount of the original insured principal obligation of
the mortgage'' and inserting ``be 25 basis points lower
than the premium payment amount established by the
Secretary under the first sentence of this
subparagraph''.
----------
402. An Amendment To Be Offered by Representative Slotkin of Michigan
or Her Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. ___. SUPPORT FOR AFGHANS APPLYING FOR STUDENT VISAS.
(a) Exception With Respect to Residence.--To be eligible as a
nonimmigrant described in section 101(a)(15)(F) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)), a
national of Afghanistan or a person with no nationality who
last habitually resided in Afghanistan shall meet all
requirements for such nonimmigrant status except they shall not
need to demonstrate residence in Afghanistan or an intention
not to abandon such residence.
(b) Applicability.--
(1) In general.--The exception under subsection (a)
shall apply beginning on the date of the enactment of
this Act and ending on the date that is two years after
the date of the enactment of this Act.
(2) Extension.--The Secretary of Homeland Security,
in consultation with the Secretary of State, shall
periodically review the country conditions in
Afghanistan and may renew the exception under
subsection (a) in 18 month increments based on such
conditions.
----------
403. An Amendment To Be Offered by Representative Ross of North
Carolina or Her Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. 28__. IMMIGRATION AGE-OUT PROTECTIONS.
(a) Age-out Protections for Immigrants.--
(1) In general.--Section 101(b) of the Immigration
and Nationality Act (8 U.S.C. 1101(b)) is amended by
adding at the end the following:
``(6) A determination of whether an alien is a child
shall be made as follows:
``(A) For purposes of a petition under
section 204 and a subsequent application for an
immigrant visa or adjustment of status, such
determination shall be made using the age of
the alien on the date that is the priority date
for the principal beneficiary and all
derivative beneficiaries under section 203(h).
``(B) For purposes of a petition under
section 214(d) and a subsequent application for
adjustment of status under section 245(d), such
determination shall be made using the age of
the alien on the date on which the petition is
filed with the Secretary of Homeland Security.
``(C) In the case of a petition under section
204 filed for an alien's classification as a
married son or daughter of a United States
citizen under section 203(a)(3), if the
petition is later converted, due to the legal
termination of the alien's marriage, to a
petition to classify the alien as an immediate
relative under section 201(b)(2)(A)(i) or as an
unmarried son or daughter of a United States
citizen under section 203(a)(1), the
determination of the alien's age shall be made
using the age of the alien on the date of the
termination of the marriage.
``(D) For an alien who was in status as a
dependent child of a nonimmigrant pursuant to
an approved employment-based petition under
section 214 or an approved application under
section 101(a)(15)(E) for an aggregate period
of eight years prior to the age of 21,
notwithstanding subparagraphs (A) through (C),
the alien's age shall be based on the date that
such initial nonimmigrant employment-based
petition or application was filed.
``(E) For an alien who has not sought to
acquire status of an alien lawfully admitted
for permanent residence within two years of an
immigrant visa number becoming available to
such alien, the alien's age shall be their
biological age unless the failure to seek to
acquire status was due to extraordinary
circumstances.
``(7) An alien who has reached 21 years of age and
has been admitted under section 203(d) as a lawful
permanent resident on a conditional basis as the child
of an alien lawfully admitted for permanent residence
under section 203(b)(5), whose lawful permanent
resident status on a conditional basis is terminated
under section 216A or section 203(b)(5)(M), shall
continue to be considered a child of the principal
alien for the purpose of a subsequent immigrant
petition by such alien under section 203(b)(5) if the
alien remains unmarried and the subsequent petition is
filed by the principal alien not later than 1 year
after the termination of conditional lawful permanent
resident status. No alien shall be considered a child
under this paragraph with respect to more than 1
petition filed after the alien reaches 21 years of
age.''.
(2) Technical and conforming amendment.--Section 201
of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended by striking subsection (f).
(3) Effective date.--
(A) In general.--The amendments made by this
section shall be effective as if included in
the Child Status Protection Act (Public Law
107-208).
(B) Motion to reopen or reconsider.--
(i) In general.--A motion to reopen
or reconsider the denial of a petition
or application described in paragraph
(6) of section 101(b), as amended in
paragraph (1), may be granted if--
(I) such petition or
application would have been
approved if the amendments
described in such paragraph had
been in effect at the time of
adjudication of the petition or
application;
(II) the individual seeking
relief pursuant to such motion
was in the United States at the
time the underlying petition or
application was filed; and
(III) such motion is filed
with the Secretary of Homeland
Security or the Attorney
General not later than the date
that is 2 years after the date
of the enactment of this Act.
(ii) Numerical limitations.--
Notwithstanding any other provision of
law, an individual granted relief
pursuant to such motion to reopen or
reconsider shall be exempt from
numerical limitations in sections 201,
202, and 203 of the Immigration and
Nationality Act (8 U.S.C. 1151, 1152,
and 1153).
(b) Age Out Protections for Nonimmigrant Dependent
Children.--Section 214 of the Immigration and Nationality Act
(8 U.S.C. 1184) is amended by adding at the end the following:
``(s)(1) Except as described in paragraph (2), the
determination of whether an alien who is the derivative
beneficiary of a properly filed pending or approved immigrant
petition under section 204 is eligible to be a dependent child
of a nonimmigrant admitted pursuant to an approved employer
petition under this section or approved application under
section 101(a)(15)(E), shall be based on whether the alien is
determined to be a child under section 101(b)(6) of the
Immigration and Nationality Act.
``(2) If otherwise eligible, an alien who is determined to be
a child pursuant to section 101(b)(6)(D) may change status to
or extend status as a dependent child of a nonimmigrant with an
approved employment based petition under this section or an
approved application under section 101(a)(15)(E),
notwithstanding such alien's marital status.
``(3) An alien who is admitted to the United States as a
dependent child of a nonimmigrant who is described in this
section is authorized to engage in employment in the United
States incident to status.''.
(c) Priority Date Retention.--Section 203(h) of the
Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended
to read as follows:
``(h) Retention of Priority Dates.--
``(1) Priority date.--The priority date for an alien
shall be the date that is the earliest of--
``(A) the date that a petition under section
204 is filed with the Secretary of Homeland
Security (or the Secretary of State, if
applicable); or
``(B) the date on which a labor certification
is filed with the Secretary of Labor.
``(2) Retention.--The principal beneficiary and all
derivative beneficiaries shall retain the priority date
associated with the earliest of any approved petition
or labor certification and such priority date shall be
applicable to any subsequently approved petition.''.
SEC. 28__. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$7,500,000,000'' and
inserting ``$7,279,000,000''.
----------
404. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of title LIII of division E, add the following:
SEC. 5306. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United
States Code, is amended by adding at the end the following:
``(4) The Southern New England Regional
Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of such
title is amended by adding at the end the following:
``Sec. 15734. Southern New England Regional Commission
``The region of the Southern New England Regional Commission
shall include the following counties:
``(1) Rhode island.--Each county in the State of
Rhode Island.
``(2) Connecticut.--The counties of Hartford, New
Haven, Windham, Tolland, Middlesex, and New London in
the State of Connecticut.
``(3) Massachusetts.--The counties of Hampden,
Plymouth, Barnstable, Essex, Worcester, and Bristol in
the State of Massachusetts.''.
(2) Technical and conforming amendment.--The analysis
for Subchapter II of chapter 157 of such title is
amended by adding at the end the following:
``15734. Southern New England Regional Commission.''.
(c) Authorization of Appropriations.--The authorization of
appropriations in section 15751 of title 40, United States
Code, shall apply with respect to the Southern New England
Regional Commission beginning with fiscal year 2023.
----------
405. An Amendment To Be Offered by Representative Pappas of New
Hampshire or His Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, insert the
following:
SEC. ___. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS
AND WATER QUALITY CRITERIA FOR PFAS.
(a) Deadlines.--
(1) Water quality criteria.--Not later than the date
that is 3 years after the date of enactment of this
Act, the Administrator shall publish in the Federal
Register human health water quality criteria under
section 304(a)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1314(a)(1)) to address each
measurable perfluoroalkyl substance, polyfluoroalkyl
substance, and class of those substances.
(2) Effluent limitations guidelines and standards for
priority industry categories.--Not later than the
following dates, the Administrator shall publish in the
Federal Register a final rule establishing effluent
limitations guidelines and standards, in accordance
with the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), for each of the following industry
categories for the discharge (including a discharge
into a publicly owned treatment works) of each
measurable perfluoroalkyl substance, polyfluoroalkyl
substance, or class of those substances:
(A) During calendar year 2024.--Not later
than June 30, 2024, for the following point
source categories:
(i) Organic chemicals, plastics, and
synthetic fibers, as identified in part
414 of title 40, Code of Federal
Regulations (or successor regulations).
(ii) Electroplating, as identified in
part 413 of title 40, Code of Federal
Regulations (or successor regulations).
(iii) Metal finishing, as identified
in part 433 of title 40, Code of
Federal Regulations (or successor
regulations).
(B) During calendar year 2025.--Not later
than June 30, 2025, for the following point
source categories:
(i) Textile mills, as identified in
part 410 of title 40, Code of Federal
Regulations (or successor regulations).
(ii) Electrical and electronic
components, as identified in part 469
of title 40, Code of Federal
Regulations (or successor regulations).
(iii) Landfills, as identified in
part 445 of title 40, Code of Federal
Regulations (or successor regulations).
(C) During calendar year 2026.--Not later
than December 31, 2026, for the following point
source categories:
(i) Leather tanning and finishing, as
identified in part 425 of title 40,
Code of Federal Regulations (or
successor regulations).
(ii) Paint formulating, as identified
in part 446 of title 40, Code of
Federal Regulations (or successor
regulations).
(iii) Plastics molding and forming,
as identified in part 463 of title 40,
Code of Federal Regulations (or
successor regulations).
(b) Additional Monitoring Requirements.--
(1) In general.--Effective beginning on the date of
enactment of this Act, the Administrator shall require
monitoring of the discharges (including discharges into
a publicly owned treatment works) of each measurable
perfluoroalkyl substance, polyfluoroalkyl substance,
and class of those substances for the point source
categories and entities described in paragraph (2). The
monitoring requirements under this paragraph shall be
included in any permits issued under section 402 of the
Federal Water Pollution Control Act (33 U.S.C. 1342)
after the date of enactment of this Act.
(2) Categories described.--The point source
categories and entities referred to in paragraphs (1)
and (3) are each of the following:
(A) Pulp, paper, and paperboard, as
identified in part 430 of title 40, Code of
Federal Regulations (or successor regulations).
(B) Airports (as defined in section 47102 of
title 49, United States Code).
(3) Determination.--
(A) In general.--Not later than December 31,
2023, the Administrator shall make a
determination--
(i) to commence developing effluent
limitations and standards for the point
source categories and entities listed
in paragraph (2); or
(ii) that effluent limitations and
standards are not feasible for those
point source categories and entities,
including an explanation of the
reasoning for this determination.
(B) Requirement.--Any effluent limitations
and standards for the point source categories
and entities listed in paragraph (2) shall be
published in the Federal Register by not later
than December 31, 2027.
(c) Notification.--The Administrator shall notify the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate of each publication made under this
section.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to the Administrator to carry out this section
$12,000,000 for fiscal year 2023, to remain available until
expended.
(e) Definitions.--In this section:
(1) The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) The term ``effluent limitation'' has the meaning
given the term in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362).
(3) The term ``measurable'', with respect to a
chemical substance or class of chemical substances,
means capable of being measured using test procedures
established under section 304(h) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(h)).
(4) The term ``perfluoroalkyl substance'' means a
chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
(5) The term ``polyfluoroalkyl substance'' means a
chemical containing at least 1 fully fluorinated carbon
atom and at least 1 carbon atom that is not a fully
fluorinated carbon atom.
(6) The term ``treatment works'' has the meaning
given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
----------
406. An Amendment To Be Offered by Representative Ross of North
Carolina or Her Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, insert the
following:
SEC. __. 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''.
----------
407. An Amendment To Be Offered by Representative Golden of Maine or
His Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, add the following:
SECTION 5806. AMENDMENTS TO THE MAINE INDIAN CLAIMS SETTLEMENT ACT OF
1980.
(a) Application of State Laws.--The Maine Indian Claims
Settlement Act of 1980 (Public Law 96-420) is amended--
(1) in section 3--
(A) in subsection (m), by striking ``and'' at
the end;
(B) in subsection (n), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(o) `Mi'kmaq Nation' means the sole successor to the Micmac
Nation as constituted in aboriginal times in what is now the
State of Maine, and all its predecessors and successors in
interest, and which is represented, as of the date of enactment
of this subsection, as to lands within the United States, by
the Mi'kmaq Council.''; and
(2) in section 6--
(A) in subsection (a), by striking ``provided
in section 8(e) and section 5(d)(4)'' and
inserting ``otherwise provided in this Act'';
and
(B) in subsection (h)--
(i) by striking ``Except as other
wise provided in this Act, the'' and
inserting ``The'';
(ii) in the first sentence, by
inserting ``or enacted for the benefit
of'' before ``Indians, Indian
nations'';
(iii) by inserting ``that is in
effect as of the date of the enactment
of the Advancing Equality for Wabanaki
Nations Act, (2)'' after ``United
States (1)'';
(iv) by striking ``also (2)'' and
inserting ``also (3)''; and
(v) by striking ``within the State''
and inserting ``within the State,
unless Federal law or the State laws of
Maine provide for the application of
such Federal law or regulation''.
(b) Implementation of the Indian Child Welfare Act.--Section
8 of the Maine Indian Claims Settlement Act of 1980 (Public Law
96-420) is amended--
(1) in subsection (a)--
(A) by striking ``or'' after ``Passamaquoddy
Tribe'' and inserting a comma;
(B) by inserting ``, the Houlton Band of
Maliseet Indians, or the Mi'kmaq Nation'' after
``Penobscot Nation''; and
(C) in the second sentence, by striking
``respective tribe or nation'' each place it
appears and inserting ``respective tribe,
nation, or band'';
(2) in subsection (b)--
(A) by striking ``or'' after ``Passamaquoddy
Tribe'' and inserting a comma; and
(B) by inserting ``, the Houlton Band of
Maliseet Indians, or the Mi'kmaq Nation'' after
``Penobscot Nation'';
(3) by striking subsection (e);
(4) by redesignating subsection (f) as subsection
(e); and
(5) in subsection (e), as so redesignated--
(A) by striking ``or'' after ``Passamaquoddy
Tribe'' and inserting a comma;
(B) by inserting ``, the Houlton Band of
Maliseet Indians, or the Mi'kmaq Nation'' after
``Penobscot Nation''; and
(C) by striking ``or nation'' and inserting
``, nation, or band''.
(c) Construction.--Section 16 of the Maine Indian Claims
Settlement Act of 1980 (Public Law 96-420) is amended--
(1) by striking ``(a)'' at the beginning; and
(2) by striking subsection (b).
(d) Aroostook Band of Micmacs Settlement Act.--Section 8 of
the Aroostook Band of Micmacs Settlement Act (Public Law 102-
171) is repealed.
----------
408. An Amendment To Be Offered by Representative Perlmutter of
Colorado or His Designee, Debatable for 10 Minutes
Page 1254, after line 16, insert the following:
Subtitle A--In General
Page 1262, after line 23, insert the following:
Subtitle B--SAFE Banking
SEC. 5421. SHORT TITLE; TABLE OF CONTENTS; PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``Secure
And Fair Enforcement Banking Act of 2022'' or the ``SAFE
Banking Act of 2022''.
(b) Table of Contents.--The table of contents for this
subtitle is as follows:
Subtitle B--SAFE Banking
Sec. 5421. Short title; table of contents; purpose.
Sec. 5422. Safe harbor for depository institutions.
Sec. 5423. Protections for ancillary businesses.
Sec. 5424. Protections under Federal law.
Sec. 5425. Rules of construction.
Sec. 5426. Requirements for filing suspicious activity reports.
Sec. 5427. Guidance and examination procedures.
Sec. 5428. Annual diversity and inclusion report.
Sec. 5429. GAO study on diversity and inclusion.
Sec. 5430. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 5431. Application of this subtitle with respect to hemp-related
legitimate businesses and hemp-related service providers.
Sec. 5432. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 5433. Requirements for deposit account termination requests and
orders.
Sec. 5434. Definitions.
Sec. 5435. Discretionary surplus funds.
(c) Purpose.--The purpose of this subtitle is to increase
public safety by ensuring access to financial services to
cannabis-related legitimate businesses and service providers
and reducing the amount of cash at such businesses.
SEC. 5422. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.
(a) In General.--A Federal banking regulator may not--
(1) terminate or limit the deposit insurance
or share insurance of a depository institution
under the Federal Deposit Insurance Act (12
U.S.C. 1811 et seq.), the Federal Credit Union
Act (12 U.S.C. 1751 et seq.), or take any other
adverse action against a depository institution
under section 8 of the Federal Deposit
Insurance Act (12 U.S.C. 1818) solely because
the depository institution provides or has
provided financial services to a cannabis-
related legitimate business or service
provider;
(2) prohibit, penalize, or otherwise
discourage a depository institution from
providing financial services to a cannabis-
related legitimate business or service provider
or to a State, political subdivision of a
State, or Indian Tribe that exercises
jurisdiction over cannabis-related legitimate
businesses;
(3) recommend, incentivize, or encourage a
depository institution not to offer financial
services to an account holder, or to downgrade
or cancel the financial services offered to an
account holder solely because--
(A) the account holder is a cannabis-
related legitimate business or service
provider, or is an employee, owner, or
operator of a cannabis-related
legitimate business or service
provider;
(B) the account holder later becomes
an employee, owner, or operator of a
cannabis-related legitimate business or
service provider; or
(C) the depository institution was
not aware that the account holder is an
employee, owner, or operator of a
cannabis-related legitimate business or
service provider;
(4) take any adverse or corrective
supervisory action on a loan made to--
(A) a cannabis-related legitimate
business or service provider, solely
because the business is a cannabis-
related legitimate business or service
provider;
(B) an employee, owner, or operator
of a cannabis-related legitimate
business or service provider, solely
because the employee, owner, or
operator is employed by, owns, or
operates a cannabis-related legitimate
business or service provider, as
applicable; or
(C) an owner or operator of real
estate or equipment that is leased to a
cannabis-related legitimate business or
service provider, solely because the
owner or operator of the real estate or
equipment leased the equipment or real
estate to a cannabis-related legitimate
business or service provider, as
applicable; or
(5) prohibit or penalize a depository
institution (or entity performing a financial
service for or in association with a depository
institution) for, or otherwise discourage a
depository institution (or entity performing a
financial service for or in association with a
depository institution) from, engaging in a
financial service for a cannabis-related
legitimate business or service provider.
(b) Safe Harbor Applicable to De Novo Institutions.--
Subsection (a) shall apply to an institution applying for a
depository institution charter to the same extent as such
subsection applies to a depository institution.
SEC. 5423. PROTECTIONS FOR ANCILLARY BUSINESSES.
For the purposes of sections 1956 and 1957 of title 18,
United States Code, and all other provisions of Federal law,
the proceeds from a transaction involving activities of a
cannabis-related legitimate business or service provider shall
not be considered proceeds from an unlawful activity solely
because--
(1) the transaction involves proceeds from a
cannabis-related legitimate business or service
provider; or
(2) the transaction involves proceeds from--
(A) cannabis-related activities described in
section 5434(4)(B) conducted by a cannabis-
related legitimate business; or
(B) activities described in section
5434(13)(A) conducted by a service provider.
SEC. 5424. PROTECTIONS UNDER FEDERAL LAW.
(a) In General.--With respect to providing a financial
service to a cannabis-related legitimate business (where such
cannabis-related legitimate business operates within a State,
political subdivision of a State, or Indian country that allows
the cultivation, production, manufacture, sale, transportation,
display, dispensing, distribution, or purchase of cannabis
pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the
Indian country, as applicable) or a service provider (wherever
located), a depository institution, entity performing a
financial service for or in association with a depository
institution, or insurer that provides a financial service to a
cannabis-related legitimate business or service provider, and
the officers, directors, and employees of that depository
institution, entity, or insurer may not be held liable pursuant
to any Federal law or regulation--
(1) solely for providing such a financial service; or
(2) for further investing any income derived from
such a financial service.
(b) Protections for Federal Reserve Banks and Federal Home
Loan Banks.--With respect to providing a service to a
depository institution that provides a financial service to a
cannabis-related legitimate business (where such cannabis-
related legitimate business operates within a State, political
subdivision of a State, or Indian country that allows the
cultivation, production, manufacture, sale, transportation,
display, dispensing, distribution, or purchase of cannabis
pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the
Indian country, as applicable) or service provider (wherever
located), a Federal reserve bank or Federal Home Loan Bank, and
the officers, directors, and employees of the Federal reserve
bank or Federal Home Loan Bank, may not be held liable pursuant
to any Federal law or regulation--
(1) solely for providing such a service; or
(2) for further investing any income derived from
such a service.
(c) Protections for Insurers.--With respect to engaging in
the business of insurance within a State, political subdivision
of a State, or Indian country that allows the cultivation,
production, manufacture, sale, transportation, display,
dispensing, distribution, or purchase of cannabis pursuant to a
law or regulation of such State, political subdivision, or
Indian Tribe that has jurisdiction over the Indian country, as
applicable, an insurer that engages in the business of
insurance with a cannabis-related legitimate business or
service provider or who otherwise engages with a person in a
transaction permissible under State law related to cannabis,
and the officers, directors, and employees of that insurer may
not be held liable pursuant to any Federal law or regulation--
(1) solely for engaging in the business of insurance;
or
(2) for further investing any income derived from the
business of insurance.
(d) Forfeiture.--
(1) Depository institutions.--A depository
institution that has a legal interest in the collateral
for a loan or another financial service provided to an
owner, employee, or operator of a cannabis-related
legitimate business or service provider, or to an owner
or operator of real estate or equipment that is leased
or sold to a cannabis-related legitimate business or
service provider, shall not be subject to criminal,
civil, or administrative forfeiture of that legal
interest pursuant to any Federal law for providing such
loan or other financial service.
(2) Federal reserve banks and federal home loan
banks.--A Federal reserve bank or Federal Home Loan
Bank that has a legal interest in the collateral for a
loan or another financial service provided to a
depository institution that provides a financial
service to a cannabis-related legitimate business or
service provider, or to an owner or operator of real
estate or equipment that is leased or sold to a
cannabis-related legitimate business or service
provider, shall not be subject to criminal, civil, or
administrative forfeiture of that legal interest
pursuant to any Federal law for providing such loan or
other financial service.
SEC. 5425. RULES OF CONSTRUCTION.
(a) No Requirement to Provide Financial Services.--Nothing in
this subtitle shall require a depository institution, entity
performing a financial service for or in association with a
depository institution, or insurer to provide financial
services to a cannabis-related legitimate business, service
provider, or any other business.
(b) General Examination, Supervisory, and Enforcement
Authority.--Nothing in this subtitle may be construed in any
way as limiting or otherwise restricting the general
examination, supervisory, and enforcement authority of the
Federal banking regulators, provided that the basis for any
supervisory or enforcement action is not the provision of
financial services to a cannabis-related legitimate business or
service provider.
(c) Business of Insurance.--Nothing in this subtitle shall
interfere with the regulation of the business of insurance in
accordance with the Act of March 9, 1945 (59 Stat. 33, chapter
20; 15 U.S.C. 1011 et seq.) (commonly known as the ``McCarran-
Ferguson Act'') and the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301 et seq.).
SEC. 5426. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS.
Section 5318(g) of title 31, United States Code, is amended
by adding at the end the following:
``(5) Requirements for cannabis-related legitimate
businesses.--
``(A) In general.--With respect to a
financial institution or any director, officer,
employee, or agent of a financial institution
that reports a suspicious transaction pursuant
to this subsection, if the reason for the
report relates to a cannabis-related legitimate
business or service provider, the report shall
comply with appropriate guidance issued by the
Financial Crimes Enforcement Network. Not later
than the end of the 180-day period beginning on
the date of enactment of this paragraph, the
Secretary shall update the February 14, 2014,
guidance titled `BSA Expectations Regarding
Marijuana-Related Businesses' (FIN-2014-G001)
to ensure that the guidance is consistent with
the purpose and intent of the SAFE Banking Act
of 2022 and does not significantly inhibit the
provision of financial services to a cannabis-
related legitimate business or service provider
in a State, political subdivision of a State,
or Indian country that has allowed the
cultivation, production, manufacture,
transportation, display, dispensing,
distribution, sale, or purchase of cannabis
pursuant to law or regulation of such State,
political subdivision, or Indian Tribe that has
jurisdiction over the Indian country.
``(B) Definitions.--For purposes of this
paragraph:
``(i) Cannabis.--The term `cannabis'
has the meaning given the term
`marihuana' in section 102 of the
Controlled Substances Act (21 U.S.C.
802).
``(ii) Cannabis-related legitimate
business.--The term `cannabis-related
legitimate business' has the meaning
given that term in section 5434 of the
SAFE Banking Act of 2022.
``(iii) Indian country.--The term
`Indian country' has the meaning given
that term in section 1151 of title 18.
``(iv) Indian tribe.--The term
`Indian Tribe' has the meaning given
that term in section 102 of the
Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 479a).
``(v) Financial service.--The term
`financial service' has the meaning
given that term in section 5434 of the
SAFE Banking Act of 2022.
``(vi) Service provider.--The term
`service provider' has the meaning
given that term in section 5434 of the
SAFE Banking Act of 2022.
``(vii) State.--The term `State'
means each of the several States, the
District of Columbia, the Commonwealth
of Puerto Rico, and any territory or
possession of the United States.''.
SEC. 5427. GUIDANCE AND EXAMINATION PROCEDURES.
Not later than 180 days after the date of enactment of this
Act, the Financial Institutions Examination Council shall
develop uniform guidance and examination procedures for
depository institutions that provide financial services to
cannabis-related legitimate businesses and service providers.
SEC. 5428. ANNUAL DIVERSITY AND INCLUSION REPORT.
The Federal banking regulators shall issue an annual report
to Congress containing--
(1) information and data on the availability of
access to financial services for minority-owned and
women-owned cannabis-related legitimate businesses; and
(2) any regulatory or legislative recommendations for
expanding access to financial services for minority-
owned and women-owned cannabis-related legitimate
businesses.
SEC. 5429. GAO STUDY ON DIVERSITY AND INCLUSION.
(a) Study.--The Comptroller General of the United States
shall carry out a study on the barriers to marketplace entry,
including in the licensing process, and the access to financial
services for potential and existing minority-owned and women-
owned cannabis-related legitimate businesses.
(b) Report.--The Comptroller General shall issue a report to
the Congress--
(1) containing all findings and determinations made
in carrying out the study required under subsection
(a); and
(2) containing any regulatory or legislative
recommendations for removing barriers to marketplace
entry, including in the licensing process, and
expanding access to financial services for potential
and existing minority-owned and women-owned cannabis-
related legitimate businesses.
SEC. 5430. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON FINDING
CERTAIN PERSONS.
Not later than 2 years after the date of the enactment of
this Act, the Comptroller General of the United States shall
carry out a study on the effectiveness of reports on suspicious
transactions filed pursuant to section 5318(g) of title 31,
United States Code, at finding individuals or organizations
suspected or known to be engaged with transnational criminal
organizations and whether any such engagement exists in a
State, political subdivision, or Indian Tribe that has
jurisdiction over Indian country that allows the cultivation,
production, manufacture, sale, transportation, display,
dispensing, distribution, or purchase of cannabis. The study
shall examine reports on suspicious transactions as follows:
(1) During the period of 2014 until the date of the
enactment of this Act, reports relating to marijuana-
related businesses.
(2) During the 1-year period after date of the
enactment of this Act, reports relating to cannabis-
related legitimate businesses.
SEC. 5431. APPLICATION OF THIS SUBTITLE WITH RESPECT TO HEMP-RELATED
LEGITIMATE BUSINESSES AND HEMP-RELATED SERVICE
PROVIDERS.
(a) In General.--The provisions of this subtitle (other than
sections 5426 and 5430) shall apply with respect to hemp-
related legitimate businesses and hemp-related service
providers in the same manner as such provisions apply with
respect to cannabis-related legitimate businesses and service
providers.
(b) Definitions.--In this section:
(1) CBD.--The term ``CBD'' means cannabidiol.
(2) Hemp.--The term ``hemp'' has the meaning given
that term under section 297A of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1639o).
(3) Hemp-related legitimate business.--The term
``hemp-related legitimate business'' means a
manufacturer, producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) in conformity with the
Agricultural Improvement Act of 2018 (Public
Law 115-334) and the regulations issued to
implement such Act by the Department of
Agriculture, where applicable, and the law of a
State or political subdivision thereof or
Indian Tribe; and
(B) participates in any business or organized
activity that involves handling hemp, hemp-
derived CBD products, and other hemp-derived
cannabinoid products, including cultivating,
producing, extracting, manufacturing, selling,
transporting, displaying, dispensing,
distributing, or purchasing hemp, hemp-derived
CBD products, and other hemp-derived
cannabinoid products.
(4) Hemp-related service provider.--The term ``hemp-
related service provider''--
(A) means a business, organization, or other
person that--
(i) sells goods or services to a
hemp-related legitimate business; or
(ii) provides any business services,
including the sale or lease of real or
any other property, legal or other
licensed services, or any other
ancillary service, relating to hemp,
hemp-derived CBD products, or other
hemp-derived cannabinoid products; and
(B) does not include a business,
organization, or other person that participates
in any business or organized activity that
involves handling hemp, hemp-derived CBD
products, or other hemp-derived cannabinoid
products, including cultivating, producing,
manufacturing, selling, transporting,
displaying, dispensing, distributing, or
purchasing hemp, hemp-derived CBD products, and
other hemp-derived cannabinoid products.
SEC. 5432. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE BUSINESSES AND
HEMP-RELATED SERVICE PROVIDERS.
(a) Findings.--The Congress finds that--
(1) the Agriculture Improvement Act of 2018 (Public
Law 115-334) legalized hemp by removing it from the
definition of ``marihuana'' under the Controlled
Substances Act;
(2) despite the legalization of hemp, some hemp
businesses (including producers, manufacturers, and
retailers) continue to have difficulty gaining access
to banking products and services; and
(3) businesses involved in the sale of hemp-derived
CBD products are particularly affected, due to
confusion about the legal status of such products.
(b) Federal Banking Regulators' Hemp Banking Guidance.--Not
later than the end of the 90-day period beginning on the date
of enactment of this Act, the Federal banking regulators shall
update their existing guidance, as applicable, regarding the
provision of financial services to hemp-related legitimate
businesses and hemp-related service providers to address--
(1) compliance with financial institutions' existing
obligations under Federal laws and implementing
regulations determined relevant by the Federal banking
regulators, including subchapter II of chapter 53 of
title 31, United States Code, and its implementing
regulation in conformity with this subtitle and the
Department of Agriculture's rules regulating domestic
hemp production (7 CFR 990); and
(2) best practices for financial institutions to
follow when providing financial services, including
processing payments, to hemp-related legitimate
businesses and hemp-related service providers.
(c) Definitions.--In this section:
(1) Financial institution.--The term ``financial
institution''--
(A) has the meaning given that term under
section 5312(a) of title 31, United States
Code; and
(B) includes a bank holding company, as
defined under section 2(a) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1841(a)).
(2) Hemp terms.--The terms ``CBD'', ``hemp'', ``hemp-
related legitimate business'', and ``hemp-related
service provider'' have the meaning given those terms,
respectively, under section 5431.
SEC. 5433. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND
ORDERS.
(a) Termination Requests or Orders Must Be Valid.--
(1) In general.--An appropriate Federal banking
agency may not formally or informally request or order
a depository institution to terminate a specific
customer account or group of customer accounts or to
otherwise restrict or discourage a depository
institution from entering into or maintaining a banking
relationship with a specific customer or group of
customers unless--
(A) the agency has a valid reason for such
request or order; and
(B) such reason is not based solely on
reputation risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific
customer or group of customers is, or is acting as a
conduit for, an entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran,
North Korea, Syria, or any country listed from
time to time on the State Sponsors of Terrorism
list;
(D) is located in, or is subject to the
jurisdiction of, any country specified in
subparagraph (C); or
(E) does business with any entity described
in subparagraph (C) or (D), unless the
appropriate Federal banking agency determines
that the customer or group of customers has
used due diligence to avoid doing business with
any entity described in subparagraph (C) or
(D),
such belief shall satisfy the requirement under
paragraph (1).
(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking
agency formally or informally requests or orders a
depository institution to terminate a specific customer
account or a group of customer accounts, the agency
shall--
(A) provide such request or order to the
institution in writing; and
(B) accompany such request or order with a
written justification for why such termination
is needed, including any specific laws or
regulations the agency believes are being
violated by the customer or group of customers,
if any.
(2) Justification requirement.--A justification
described under paragraph (1)(B) may not be based
solely on the reputation risk to the depository
institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under
paragraph (2) or as otherwise prohibited from being
disclosed by law, if an appropriate Federal banking
agency orders a depository institution to terminate a
specific customer account or a group of customer
accounts, the depository institution shall inform the
specific customer or group of customers of the
justification for the customer's account termination
described under subsection (b).
(2) Notice prohibited.--
(A) Notice prohibited in cases of national
security.--If an appropriate Federal banking
agency requests or orders a depository
institution to terminate a specific customer
account or a group of customer accounts based
on a belief that the customer or customers pose
a threat to national security, or are otherwise
described under subsection (a)(2), neither the
depository institution nor the appropriate
Federal banking agency may inform the customer
or customers of the justification for the
customer's account termination.
(B) Notice prohibited in other cases.--If an
appropriate Federal banking agency determines
that the notice required under paragraph (1)
may interfere with an authorized criminal
investigation, neither the depository
institution nor the appropriate Federal banking
agency may inform the specific customer or
group of customers of the justification for the
customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal banking
agency shall issue an annual report to the Congress stating--
(1) the aggregate number of specific customer
accounts that the agency requested or ordered a
depository institution to terminate during the previous
year; and
(2) the legal authority on which the agency relied in
making such requests and orders and the frequency on
which the agency relied on each such authority.
(e) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency,
as defined under section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813); and
(B) the National Credit Union Administration,
in the case of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined
under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
(B) an insured credit union.
SEC. 5434. DEFINITIONS.
In this subtitle:
(1) Business of insurance.--The term ``business of
insurance'' has the meaning given such term in section
1002 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5481).
(2) Cannabis.--The term ``cannabis'' has the meaning
given the term ``marihuana'' in section 102 of the
Controlled Substances Act (21 U.S.C. 802).
(3) Cannabis product.--The term ``cannabis product''
means any article which contains cannabis, including an
article which is a concentrate, an edible, a tincture,
a cannabis-infused product, or a topical.
(4) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a
manufacturer, producer, or any person or company that--
(A) engages in any activity described in
subparagraph (B) pursuant to a law established
by a State or a political subdivision of a
State, as determined by such State or political
subdivision; and
(B) participates in any business or organized
activity that involves handling cannabis or
cannabis products, including cultivating,
producing, manufacturing, selling,
transporting, displaying, dispensing,
distributing, or purchasing cannabis or
cannabis products.
(5) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in
section 3(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
(B) a Federal credit union as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1752); or
(C) a State credit union as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1752).
(6) Federal banking regulator.--The term ``Federal
banking regulator'' means each of the Board of
Governors of the Federal Reserve System, the Bureau of
Consumer Financial Protection, the Federal Deposit
Insurance Corporation, the Federal Housing Finance
Agency, the Financial Crimes Enforcement Network, the
Office of Foreign Asset Control, the Office of the
Comptroller of the Currency, the National Credit Union
Administration, the Department of the Treasury, or any
Federal agency or department that regulates banking or
financial services, as determined by the Secretary of
the Treasury.
(7) Financial service.--The term ``financial
service''--
(A) means a financial product or service, as
defined in section 1002 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12
U.S.C. 5481), regardless if the customer
receiving the product or service is a consumer
or commercial entity;
(B) means a financial product or service, or
any combination of products and services,
permitted to be provided by--
(i) a national bank or a financial
subsidiary pursuant to the authority
provided under--
(I) the provision designated
``Seventh'' of section 5136 of
the Revised Statutes of the
United States (12 U.S.C. 24);
or
(II) section 5136A of the
Revised Statutes of the United
States (12 U.S.C. 24a); and
(ii) a Federal credit union, pursuant
to the authority provided under the
Federal Credit Union Act;
(C) includes the business of insurance;
(D) includes, whether performed directly or
indirectly, the authorizing, processing,
clearing, settling, billing, transferring for
deposit, transmitting, delivering, instructing
to be delivered, reconciling, collecting, or
otherwise effectuating or facilitating of
payments or funds, where such payments or funds
are made or transferred by any means, including
by the use of credit cards, debit cards, other
payment cards, or other access devices,
accounts, original or substitute checks, or
electronic funds transfers;
(E) includes acting as a money transmitting
business which directly or indirectly makes use
of a depository institution in connection with
effectuating or facilitating a payment for a
cannabis-related legitimate business or service
provider in compliance with section 5330 of
title 31, United States Code, and any
applicable State law; and
(F) includes acting as an armored car service
for processing and depositing with a depository
institution or a Federal reserve bank with
respect to any monetary instruments (as defined
under section 1956(c)(5) of title 18, United
States Code.
(8) Indian country.--The term ``Indian country'' has
the meaning given that term in section 1151 of title
18.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
479a).
(10) Insurer.--The term ``insurer'' has the meaning
given that term under section 313(r) of title 31,
United States Code.
(11) Manufacturer.--The term ``manufacturer'' means a
person who manufactures, compounds, converts,
processes, prepares, or packages cannabis or cannabis
products.
(12) Producer.--The term ``producer'' means a person
who plants, cultivates, harvests, or in any way
facilitates the natural growth of cannabis.
(13) Service provider.--The term ``service
provider''--
(A) means a business, organization, or other
person that--
(i) sells goods or services to a
cannabis-related legitimate business;
or
(ii) provides any business services,
including the sale or lease of real or
any other property, legal or other
licensed services, or any other
ancillary service, relating to
cannabis; and
(B) does not include a business,
organization, or other person that participates
in any business or organized activity that
involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting,
displaying, dispensing, distributing, or
purchasing cannabis or cannabis products.
(14) State.--The term ``State'' means each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or
possession of the United States.
SEC. 5435. DISCRETIONARY SURPLUS FUNDS.
Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is amended by reducing the dollar figure by
$6,000,000.
----------
409. An Amendment To Be Offered by Representative Clark of
Massachusetts or Her Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, add the following:
SEC. __. SENSE OF CONGRESS THAT THE DEPARTMENT OF VETERANS AFFAIRS
SHOULD BE PROHIBITED FROM DENYING HOME LOANS FOR
VETERANS WHO LEGALLY WORK IN THE MARIJUANA
INDUSTRY.
It is the sense of Congress that--
(1) veterans who have served our country honorably
should not be denied access to Department of Veterans
Affairs home loans on the basis of income derived from
State-legalized cannabis activities;
(2) while the Department of Veterans Affairs has
clarified that no statute or regulation specifically
prohibits a veteran whose income is derived from State-
legalized cannabis activities from obtaining a
certificate of eligibility for Department of Veterans
Affairs home loan benefits, many veterans continue to
be denied access to home loans on the basis of income
derived from State-legalized cannabis activities; and
(3) the Department of Veterans Affairs should improve
communication with eligible lending institutions to
reduce confusion among lenders and borrowers on this
matter.
----------
410. 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__. EXEMPTION FROM ECONOMY ACT FOR CERTAIN REQUESTS MADE THROUGH
THE NATIONAL INTERAGENCY FIRE CENTER.
Section 1535(b) of title 31, United States Code (commonly
known as the ``Economy Act''), shall not apply to any
assistance provided by the Department of Defense to the Federal
Emergency Management Agency or a Federal land management agency
under a request--
(1) made through the National Interagency Fire
Center; and
(2) pertaining to an area covered by a declaration of
a major disaster or emergency under section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170).
----------
411. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
At the appropriate place in title LIII of division E, insert
the following:
SEC. ___. CRITICAL DOCUMENT FEE WAIVER.
Section 1238(a) of the Disaster Recovery Reform Act of 2018
(42 U.S.C. 5174b) is amended--
(1) in paragraph (2), by striking ``applies
regardless'' and inserting ``and the requirement of the
President to waive fees under paragraph (4) apply
regardless'';
(2) by redesignating paragraph (4) as paragraph (5);
and
(3) by inserting after paragraph (3) the following:
``(4) Mandatory automatic waiver.--The President, in
consultation with the Governor of a State, shall
automatically provide a fee waiver described in
paragraph (1) to an individual or household that has
been adversely affected by a major disaster declared
under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170)--
``(A) for which the President provides
assistance to individuals and households under
section 408 of that Act (42 U.S.C. 5174); and
``(B) that destroyed a critical document
described in paragraph (1) of the individual or
household.''.
----------
412. 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 LVIII the following:
SEC. 5806. HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) on April 6, 2022, the Forest Service
initiated the Las Dispensas-Gallinas prescribed
burn on Federal land in the Santa Fe National
Forest in San Miguel County, New Mexico, when
erratic winds were prevalent in the area that
was also suffering from severe drought after
many years of insufficient precipitation;
(B) on April 6, 2022, the prescribed burn,
which became known as the ``Hermit's Peak
Fire'', exceeded the containment capabilities
of the Forest Service, was declared a wildfire,
and spread to other Federal and non-Federal
land;
(C) on April 19, 2022, the Calf Canyon Fire,
also in San Miguel County, New Mexico, began
burning on Federal land and was later
identified as the result of a pile burn in
January 2022 that remained dormant under the
surface before reemerging;
(D) on April 27, 2022, the Hermit's Peak Fire
and the Calf Canyon Fire merged, and both fires
were reported as the Hermit's Peak Fire or the
Hermit's Peak/Calf Canyon Fire, (referred
hereafter in this subsection as the ``Hermit's
Peak/Calf Canyon Fire'');
(E) by May 2, 2022, the fire had grown in
size and caused evacuations in multiple
villages and communities in San Miguel County
and Mora County, including in the San Miguel
county jail, the State's psychiatric hospital,
the United World College, and New Mexico
Highlands University;
(F) on May 4, 2022, the President issued a
major disaster declaration for the counties of
Colfax, Mora, and San Miguel, New Mexico;
(G) on May 20, 2022, U.S. Forest Service
Chief Randy Moore ordered a 90-day review of
prescribed burn policies to reduce the risk of
wildfires and ensure the safety of the
communities involved;
(H) the U.S. Forest Service has assumed
responsibility for the Hermit's Peak/Calf
Canyon Fire;
(I) the fire resulted in the loss of Federal,
State, local, Tribal, and private property; and
(J) the United States should compensate the
victims of the Hermit's Peak/Calf Canyon Fire.
(2) Purposes.--The purposes of this section are--
(A) to compensate victims of the Hermit's
Peak/Calf Canyon Fire, for injuries resulting
from the fire; and
(B) to provide for the expeditious
consideration and settlement of claims for
those injuries.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator''
means--
(A) the Administrator of the Federal
Emergency Management Agency; or
(B) if a Manager is appointed under
subsection (c)(1)(C), the Manager.
(2) Hermit's peak/calf canyon fire.--The term
``Hermit's Peak/Calf Canyon Fire'' means--
(A) the fire resulting from the initiation by
the Forest Service of a prescribed burn in the
Santa Fe National Forest in San Miguel County,
New Mexico, on April 6, 2022;
(B) the pile burn holdover resulting from the
prescribed burn by the Forest Service, which
reemerged on April 19, 2022; and
(C) the merger of the two fires described in
subparagraphs (A) and (B), reported as the
Hermit's Peak Fire or the Hermit's Peak Fire/
Calf Canyon Fire.
(3) Indian tribe.--The term ``Indian Tribe'' means
the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation individually
identified (including parenthetically) in the list
published most recently as of the date of enactment of
this Act pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(4) Injured person.--The term ``injured person''
means--
(A) an individual, regardless of the
citizenship or alien status of the individual;
or
(B) an Indian Tribe, corporation, Tribal
corporation, partnership, company, association,
county, township, city, State, school district,
or other non-Federal entity (including a legal
representative) that suffered injury resulting
from the Hermit's Peak/Calf Canyon Fire.
(5) Injury.--The term ``injury'' has the same meaning
as the term ``injury or loss of property, or personal
injury or death'' as used in section 1346(b)(1) of
title 28, United States Code.
(6) Manager.--The term ``Manager'' means an
Independent Claims Manager appointed under subsection
(c)(1)(C).
(7) Office.--The term ``Office'' means the Office of
Hermit's Peak/Calf Canyon Fire Claims established by
subsection (c)(1)(B).
(8) Tribal entity.--The term ``Tribal entity''
includes any Indian Tribe, tribal organization, Indian-
controlled organization serving Indians, Native
Hawaiian organization, or Alaska Native entity, as such
terms are defined or used in section 166 of the
Workforce Innovation and Opportunity Act (25 U.S.C.
5304).
(c) Compensation for Victims of Hermit's Peak/Calf Canyon
Fire.--
(1) In general.--
(A) Compensation.--Each injured person shall
be entitled to receive from the United States
compensation for injury suffered by the injured
person as a result of the Hermit's Peak/Calf
Canyon Fire.
(B) Office of hermit's peak/calf canyon fire
claims.--
(i) In general.--There is established
within the Federal Emergency Management
Agency an Office of Hermit's Peak/Calf
Canyon Fire Claims.
(ii) Purpose.--The Office shall
receive, process, and pay claims in
accordance with this section.
(iii) Funding.--The Office--
(I) shall be funded from
funds made available to the
Administrator under this
section;
(II) may appoint and fix the
compensation of such temporary
personnel as may be necessary,
without regard to the
provisions of title 5, United
States Code, governing
appointments in competitive
service; and
(III) may reimburse other
Federal agencies for claims
processing support and
assistance.
(C) Option to appoint independent claims
manager.--The Administrator may appoint an
Independent Claims Manager to--
(i) head the Office; and
(ii) assume the duties of the
Administrator under this section.
(2) Submission of claims.--Not later than 2 years
after the date on which regulations are first
promulgated under paragraph (6), an injured person may
submit to the Administrator a written claim for 1 or
more injuries suffered by the injured person in
accordance with such requirements as the Administrator
determines to be appropriate.
(3) Investigation of claims.--
(A) In general.--The Administrator shall, on
behalf of the United States, investigate,
consider, ascertain, adjust, determine, grant,
deny, or settle any claim for money damages
asserted under paragraph (2).
(B) Applicability of state law.--Except as
otherwise provided in this section, the laws of
the State of New Mexico shall apply to the
calculation of damages under paragraph (4)(D).
(C) Extent of damages.--Any payment under
this section--
(i) shall be limited to actual
compensatory damages measured by
injuries suffered; and
(ii) shall not include--
(I) interest before
settlement or payment of a
claim; or
(II) punitive damages.
(4) Payment of claims.--
(A) Determination and payment of amount.--
(i) In general.--
(I) Payment.--Not later than
180 days after the date on
which a claim is submitted
under this section, the
Administrator shall determine
and fix the amount, if any, to
be paid for the claim.
(II) Priority.--The
Administrator, to the maximum
extent practicable, shall pay
subrogation claims submitted
under this section only after
paying claims submitted by
injured parties that are not
insurance companies seeking
payment as subrogees.
(ii) Parameters of determination.--In
determining and settling a claim under
this section, the Administrator shall
determine only--
(I) whether the claimant is
an injured person;
(II) whether the injury that
is the subject of the claim
resulted from the fire;
(III) the amount, if any, to
be allowed and paid under this
section; and
(IV) the person or persons
entitled to receive the amount.
(iii) Insurance and other benefits.--
(I) In general.--In
determining the amount of, and
paying, a claim under this
section, to prevent recovery by
a claimant in excess of actual
compensatory damages, the
Administrator shall reduce the
amount to be paid for the claim
by an amount that is equal to
the total of insurance benefits
(excluding life insurance
benefits) or other payments or
settlements of any nature that
were paid, or will be paid,
with respect to the claim.
(II) Government loans.--This
subparagraph shall not apply to
the receipt by a claimant of
any government loan that is
required to be repaid by the
claimant.
(B) Partial payment.--
(i) In general.--At the request of a
claimant, the Administrator may make 1
or more advance or partial payments
before the final settlement of a claim,
including final settlement on any
portion or aspect of a claim that is
determined to be severable.
(ii) Judicial decision.--If a
claimant receives a partial payment on
a claim under this section, but further
payment on the claim is subsequently
denied by the Administrator, the
claimant may--
(I) seek judicial review
under paragraph (9); and
(II) keep any partial payment
that the claimant received,
unless the Administrator
determines that the claimant--
(aa) was not eligible
to receive the
compensation; or
(bb) fraudulently
procured the
compensation.
(C) Rights of insurer or other third party.--
If an insurer or other third party pays any
amount to a claimant to compensate for an
injury described in paragraph (1), the insurer
or other third party shall be subrogated to any
right that the claimant has to receive any
payment under this section or any other law.
(D) Allowable damages.--
(i) Loss of property.--A claim that
is paid for loss of property under this
section may include otherwise
uncompensated damages resulting from
the Hermit's Peak/Calf Canyon Fire
for--
(I) an uninsured or
underinsured property loss;
(II) a decrease in the value
of real property;
(III) damage to physical
infrastructure, including
irrigation infrastructure such
as acequia systems;
(IV) a cost resulting from
lost subsistence from hunting,
fishing, firewood gathering,
timbering, grazing, or
agricultural activities
conducted on land damaged by
the Hermit's Peak/Calf Canyon
Fire;
(V) a cost of reforestation
or revegetation on Tribal or
non-Federal land, to the extent
that the cost of reforestation
or revegetation is not covered
by any other Federal program;
and
(VI) any other loss that the
Administrator determines to be
appropriate for inclusion as
loss of property.
(ii) Business loss.--A claim that is
paid for injury under this section may
include damages resulting from the
Hermit's Peak/Calf Canyon Fire for the
following types of otherwise
uncompensated business loss:
(I) Damage to tangible assets
or inventory.
(II) Business interruption
losses.
(III) Overhead costs.
(IV) Employee wages for work
not performed.
(V) Any other loss that the
Administrator determines to be
appropriate for inclusion as
business loss.
(iii) Financial loss.--A claim that
is paid for injury under this section
may include damages resulting from the
Hermit's Peak/Calf Canyon Fire for the
following types of otherwise
uncompensated financial loss:
(I) Increased mortgage
interest costs.
(II) An insurance deductible.
(III) A temporary living or
relocation expense.
(IV) Lost wages or personal
income.
(V) Emergency staffing
expenses.
(VI) Debris removal and other
cleanup costs.
(VII) Costs of reasonable
efforts, as determined by the
Administrator, to reduce the
risk of wildfire, flood, or
other natural disaster in the
counties impacted by the
Hermit's Peak/Calf Canyon Fire
to risk levels prevailing in
those counties before the
Hermit's Peak/Calf Canyon Fire,
that are incurred not later
than the date that is 3 years
after the date on which the
regulations under paragraph (6)
are first promulgated.
(VIII) A premium for flood
insurance that is required to
be paid on or before May 31,
2024, if, as a result of the
Hermit's Peak/Calf Canyon Fire,
a person that was not required
to purchase flood insurance
before the Hermit's Peak/Calf
Canyon Fire is required to
purchase flood insurance.
(IX) A disaster assistance
loan received from the Small
Business Administration.
(X) Any other loss that the
Administrator determines to be
appropriate for inclusion as
financial loss.
(5) Acceptance of award.--The acceptance by a
claimant of any payment under this section, except an
advance or partial payment made under paragraph (4)(B),
shall--
(A) be final and conclusive on the claimant,
with respect to all claims arising out of or
relating to the same subject matter; and
(B) constitute a complete release of all
claims against the United States (including any
agency or employee of the United States) under
chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims
Act''), or any other Federal or State law,
arising out of or relating to the same subject
matter.
(6) Regulations and public information.--
(A) Regulations.--Notwithstanding any other
provision of law, not later than 45 days after
the date of enactment of this section, the
Administrator shall promulgate and publish in
the Federal Register interim final regulations
for the processing and payment of claims under
this section.
(B) Public information.--
(i) In general.--At the time at which
the Administrator promulgates
regulations under subparagraph (A), the
Administrator shall publish, online and
in print, in newspapers of general
circulation in the State of New Mexico,
a clear, concise, and easily
understandable explanation, in English
and Spanish, of--
(I) the rights conferred
under this section; and
(II) the procedural and other
requirements of the regulations
promulgated under subparagraph
(A).
(ii) Dissemination through other
media.--The Administrator shall
disseminate the explanation published
under clause (i) through websites,
blogs, social media, brochures,
pamphlets, radio, television, and other
media that the Administrator determines
are likely to reach prospective
claimants.
(7) Consultation.--In administering this section, the
Administrator shall consult with the Secretary of the
Interior, the Secretary of Energy, the Secretary of
Agriculture, the Administrator of the Small Business
Administration, other Federal agencies, and State,
local, and Tribal authorities, as determined to be
necessary by the Administrator, to--
(A) ensure the efficient administration of
the claims process; and
(B) provide for local concerns.
(8) Election of remedy.--
(A) In general.--An injured person may elect
to seek compensation from the United States for
1 or more injuries resulting from the Hermit's
Peak/Calf Canyon Fire by--
(i) submitting a claim under this
section;
(ii) filing a claim or bringing a
civil action under chapter 171 of title
28, United States Code (commonly known
as the ``Federal Tort Claims Act''); or
(iii) bringing an authorized civil
action under any other provision of
law.
(B) Effect of election.--An election by an
injured person to seek compensation in any
manner described in subparagraph (A) shall be
final and conclusive on the claimant with
respect to all injuries resulting from the
Hermit's Peak/Calf Canyon Fire that are
suffered by the claimant.
(C) Arbitration.--
(i) In general.--Not later than 45
days after the date of enactment of
this Act, the Administrator shall
establish by regulation procedures
under which a dispute regarding a claim
submitted under this section may be
settled by arbitration.
(ii) Arbitration as remedy.--On
establishment of arbitration procedures
under clause (i), an injured person
that submits a disputed claim under
this section may elect to settle the
claim through arbitration.
(iii) Binding effect.--An election by
an injured person to settle a claim
through arbitration under this
subparagraph shall--
(I) be binding; and
(II) preclude any exercise by
the injured person of the right
to judicial review of a claim
described in paragraph (9).
(D) No effect on entitlements.--Nothing in
this section affects any right of a claimant to
file a claim for benefits under any Federal
entitlement program.
(9) Judicial review.--
(A) In general.--Any claimant aggrieved by a
final decision of the Administrator under this
section may, not later than 60 days after the
date on which the decision is issued, bring a
civil action in the United States District
Court for the District of New Mexico, to modify
or set aside the decision, in whole or in part.
(B) Record.--The court shall hear a civil
action under subparagraph (A) on the record
made before the Administrator.
(C) Standard.--The decision of the
Administrator incorporating the findings of the
Administrator shall be upheld if the decision
is supported by substantial evidence on the
record considered as a whole.
(10) Attorney's and agent's fees.--
(A) In general.--No attorney or agent, acting
alone or in combination with any other attorney
or agent, shall charge, demand, receive, or
collect, for services rendered in connection
with a claim submitted under this section, fees
in excess of the limitations established under
section 2678 of title 28, United States Code.
(B) Violation.--An attorney or agent who
violates subparagraph (A) shall be fined not
more than $10,000.
(11) Waiver of requirement for matching funds.--
(A) State and local project.--
(i) In general.--Notwithstanding any
other provision of law, a State or
local project that is determined by the
Administrator to be carried out in
response to the Hermit's Peak/Calf
Canyon Fire under any Federal program
that applies to an area affected by the
Hermit's Peak/Calf Canyon Fire shall
not be subject to any requirement for
State or local matching funds to pay
the cost of the project under the
Federal program.
(ii) Federal share.--The Federal
share of the costs of a project
described in clause (i) shall be 100
percent.
(B) Other needs program assistance.--
Notwithstanding section 408(g)(2) of the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174(g)(2)), for any
emergency or major disaster declared by the
President under that Act for the Hermit's Peak/
Calf Canyon Fire, the Federal share of
assistance provided under that section shall be
100 percent.
(12) Applicability of debt collection requirements.--
Section 3711(a) of title 31, United States Code, shall
not apply to any payment under this section, unless--
(A) there is evidence of civil or criminal
fraud, misrepresentation, presentation of a
false claim; or
(B) a claimant was not eligible under
paragraph (4)(B) of this section to any partial
payment.
(13) Indian compensation.--Notwithstanding any other
provision of law, in the case of an Indian Tribe, a
Tribal entity, or a member of an Indian Tribe that
submits a claim under this section--
(A) the Bureau of Indian Affairs shall have
no authority over, or any trust obligation
regarding, any aspect of the submission of, or
any payment received for, the claim;
(B) the Indian Tribe, Tribal entity, or
member of an Indian Tribe shall be entitled to
proceed under this section in the same manner
and to the same extent as any other injured
person; and
(C) except with respect to land damaged by
the Hermit's Peak/Calf Canyon Fire that is the
subject of the claim, the Bureau of Indian
Affairs shall have no responsibility to restore
land damaged by the Hermit's Peak/Calf Canyon
Fire.
(14) Report.--Not later than 1 year after the date of
promulgation of regulations under paragraph (6)(A), and
annually thereafter, the Administrator shall submit to
Congress a report that describes the claims submitted
under this section during the year preceding the date
of submission of the report, including, for each
claim--
(A) the amount claimed;
(B) a brief description of the nature of the
claim; and
(C) the status or disposition of the claim,
including the amount of any payment under this
section.
(15) Authorization of appropriations.--There are
authorized to be appropriated such sums as are
necessary to carry out this section.
----------
413. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, add the following:
SEC. 5806. PROHIBITION ON CONTRACTING WITH PERSONS WITH WILLFUL OR
REPEATED VIOLATIONS OF THE FAIR LABOR STANDARDS ACT
OF 1938.
(a) Initiation of Debarment Proceedings.--
(1) In general.--The Secretary of Labor shall
initiate a debarment proceeding with respect to a
covered person for whom information regarding two or
more willful or repeated violations 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 five years) is included in the
database established under subsection (a) of such
section.
(2) Length of debarment.--Notwithstanding any other
provision of law, the Secretary of Labor may determine
the length of a debarment under paragraph (1).
(b) Databases.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall ensure that
the enforcement and compliance databases of the Department of
Labor--
(1) identify persons that have been finally
adjudicated to have violated labor laws;
(2) list each person, identified by the tax
identification number of the person, that is suspended
or debarred for a violation of a labor law; and
(3) are accessible to contracting officers and
suspension and debarment officials at all Federal
agencies.
(c) Revision of FAR.--The Federal Acquisition Regulation
shall be revised to require contracting officers--
(1) when renewing or awarding a contract, to check
the database in subsection (b) for suspensions or
debarments described under that subsection when
determining present responsibility and conducting a
past performance evaluation;
(2) to enter relevant information from the database
in subsection (b) into past performance evaluations in
the Contractor Performance Assessment and Reporting
System; and
(3) to coordinate with the Labor Advisor of the
agency and consult with experts regarding alleged
violations of labor law.
(d) Definitions.--In this section--
(1) the term ``covered person'' means any individual,
enterprise, or firm applying for a contract worth
$500,000 or more;
(2) the term ``Federal agency'' has the meaning given
that term in section 102 of title 40, United States
Code;
(3) the term ``labor law'' includes--
(A) subchapter IV of chapter 31 of title 40,
United States Code (commonly referred to as the
``Davis Bacon Act'');
(B) chapter 67 of subtitle II of title 41,
United States Code (commonly referred to as the
``Services Contracting Act''); and
(C) the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.); and
(4) the term ``willful'' has the meaning given that
term in section 578.3 of title 29, Code of Federal
Regulations.
----------
414. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes
At the end of title LIII, add the following:
SEC. __. DISADVANTAGED BUSINESS ENTERPRISES.
Section 11101(e)(2)(A) of the Infrastructure Investment and
Jobs Act (Public Law 117-58) is amended to read as follows:
``(A) Small business concern.--The term
`small business concern' means a small business
concern (as the term is used in section 3 of
the Small Business Act (15 U.S.C. 632)).''.
----------
415. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title VIII, insert the following:
SEC. __. COMPLIANCE PROCEDURES FOR INVESTIGATING THE PROHIBITION ON
CRIMINAL HISTORY INQUIRIES BY FEDERAL CONTRACTORS
PRIOR TO CONDITIONAL OFFER.
(a) Defense Contracts.--Section 4657 of title 10, United
States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Compliance.--
``(1) Procedures for submission of complaint.--The
Secretary of Defense shall establish, and make
available to the public, procedures under which an
applicant for a position with a Department of Defense
contractor may submit to the Secretary a complaint, or
any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(2) Investigation of compliance.--In addition to
the authority to investigate compliance by a contractor
with subsection (a)(1)(B) pursuant to a complaint
submitted under paragraph (1) of this subsection, the
Secretary of Defense may investigate compliance with
subsection (a)(1)(B) in conducting a compliance
evaluation under section 60-1.20, 60-300.60, or 60-
741.60 of title 41, Code of Federal Regulations (or any
successor regulation).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``, based upon the
results of a complaint investigation or
compliance evaluation conducted by the
Secretary of Defense under section 60-
1.20, 60-300.60, or 60-741.60 of title
41, Code of Federal Regulations (or any
successor regulation)'' after
``determines'';
(ii) in subparagraph (C), by striking
``warning'' and inserting ``notice'';
and
(B) in paragraph (2)--
(i) by inserting ``, based upon the
results of a complaint investigation or
compliance evaluation conducted by the
Secretary of Defense under section 60-
1.20, 60-300.60, or 60-741.60 of title
41, Code of Federal Regulations (or any
successor regulation),'' after
``determines'';
(ii) by inserting ``as may be
necessary'' after ``Federal agencies'';
and
(iii) by striking subparagraph (C)
and inserting the following:
``(C) taking an action to impose a sanction
described under section 202(7) of Executive
Order 11246 (related to equal employment
opportunity) and section 60-1.27 of title 41,
Code of Federal Regulations (or any successor
regulation).''.
(b) Civilian Agency Contracts.--Section 4714(b) of title 41,
United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Compliance.--
``(1) Procedures for submission of complaint.--The
Secretary of Labor shall establish, and make available
to the public, procedures under which an applicant for
a position with a Federal contractor may submit to the
Secretary a complaint, or any other information,
relating to compliance by the contractor with
subsection (a)(1)(B).
``(2) Investigation of compliance.--In addition to
the authority to investigate compliance by a contractor
with subsection (a)(1)(B) pursuant to a complaint
submitted under paragraph (1) of this subsection, the
Secretary of Labor may investigate compliance with
subsection (a)(1)(B) in conducting a compliance
evaluation under section 60-1.20, 60-300.60, or 60-
741.60 of title 41, Code of Federal Regulations (or any
successor regulation).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``head of an
executive agency'' and inserting
``Secretary of Labor'';
(ii) by inserting ``, based upon the
results of a complaint investigation or
compliance evaluation conducted by the
Secretary of Labor under section 60-
1.20, 60-300.60, or 60-741.60 of title
41, Code of Federal Regulations (or any
successor regulation)'' after
``determines'';
(iii) by striking ``such head'' and
inserting ``the Secretary of Labor'';
and
(iv) in subparagraph (C), by striking
``warning'' and inserting ``notice'';
and
(B) in paragraph (2)--
(i) by striking ``head of an
executive agency'' and inserting
``Secretary of Labor'';
(ii) by inserting ``, based upon the
results of a complaint investigation or
compliance evaluation conducted by the
Secretary of Labor under section 60-
1.20, 60-300.60, or 60-741.60 of title
41, Code of Federal Regulations (or any
successor regulation),'' after
``determines'';
(iii) by striking ``such head'' and
inserting ``the Secretary of Labor'';
(iv) by inserting ``as may be
necessary'' after ``Federal agencies'';
and
(v) by striking subparagraph (C) and
inserting the following:
``(C) taking an action to impose a sanction
described under section 202(7) of Executive
Order 11246 (related to equal employment
opportunity) and section 60-1.27 of title 41,
Code of Federal Regulations (or any successor
regulation).''.
(c) Effective Date.--This Act, and the amendments made by
this Act, shall apply with respect to contracts awarded on or
after December 20, 2022.
----------
416. An Amendment To Be Offered by Representative Waters of California
or Her Designee, Debatable for 10 Minutes
Strike section 5401 and insert the following:
SEC. 5401. SERVICES THAT OPEN PORTALS TO DIRTY MONEY ACT.
(a) Short Title.--This section may be cited as the
``Establishing New Authorities for Businesses Laundering and
Enabling Risks to Security Act'' and the ``ENABLERS Act''.
(b) Findings.--Congress finds the following:
(1) Kleptocrats and other corrupt actors across the
world are increasingly relying on non-bank professional
service providers, including non-bank professional
service providers operating in the United States, to
move, hide, and grow their ill-gotten gains.
(2) In 2003, the Financial Action Task Force, an
intergovernmental body formed by the United States and
other major industrial nations, determined that
designated non-financial businesses and professions
should be subject to the same anti-money laundering and
counter-terrorist financing rules and regulations as
financial institutions, including the requirement to
know your customer or client and to perform due
diligence, as well as to file suspicious transaction
reports, referred to as suspicious activity reports or
``SARs'' in the United States.
(3) In October 2021, the ``Pandora Papers'', the
largest expose of global financial data in history,
revealed to a global audience how the United States
plays host to a highly specialized group of
``enablers'' who help the world's elite move, hide, and
grow their money.
(4) The Pandora Papers described how an adviser to
the former Prime Minister of Malaysia reportedly used
affiliates of a United States law firm to assemble and
consult a network of companies, despite the adviser
fitting the ``textbook definition'' of a high-risk
client. The adviser went on to use his companies to
help steal $4.5 billion from Malaysia's public
investment fund in one of ``the world's biggest-ever
financial frauds'', known as 1MDB.
(5) Russian oligarchs have used gatekeepers to move
their money into the United States. For example, a
gatekeeper formed a company in Delaware that reportedly
owns a $15 million mansion in Washington, D.C., that is
linked to one of Vladimir Putin's closest allies. Also,
reportedly connected to the oligarch is a $14 million
townhouse in New York City owned by a separate Delaware
company.
(6) The Pandora Papers uncovered over 200 United
States-based trusts across 15 States that held assets
of over $1 billion, ``including nearly 30 trusts that
held assets linked to people or companies accused of
fraud, bribery, or human rights abuses''. In
particular, South Dakota, Nevada, Delaware, Florida,
Wyoming, and New Hampshire have emerged as global
hotspots for those seeking to hide their assets and
minimize their tax burdens.
(7) In 2016, an investigator with the non-profit
organization Global Witness posed as an adviser to a
corrupt African official and set up meetings with 13
New York City law firms to discuss how to move suspect
funds into the United States. Lawyers from all but one
of the firms provided advice to the faux adviser,
including advice on how to utilize anonymous companies
to obscure the true owner of the assets. Other
suggestions included naming the lawyer as a trustee of
an offshore trust in order to open a bank account, and
using the law firm's escrow account to receive
payments.
(8) The autocratic Prime Minister of Iraqi Kurdistan,
reportedly known for torturing and killing journalists
and critics, allegedly purchased a retail store valued
at over $18 million in Miami, Florida, with the
assistance of a Pennsylvania-based law firm.
(9) Teodoro Obiang, the vice president of Equatorial
Guinea and son of the country's authoritarian
president, embezzled millions of dollars from his home
country, which was then used to purchase luxury assets
in the United States. Obiang relied on the assistance
of two American lawyers to move millions of dollars of
suspect funds through U.S. banks. The lawyers
incorporated five shell companies in California and
opened bank accounts associated with the companies for
Obiang's personal use. The suspect funds were first
wired to the lawyers' attorney-client and firm
accounts, then transferred to the accounts of the shell
companies.
(10) An American consulting company reportedly made
millions of dollars working for companies owned or
partly owned by Isabel dos Santos, the eldest child of
a former President of Angola. This included working
with Angola's state oil company when it was run by
Isabel dos Santos and helping to ``run a failing
jewelry business acquired with Angolan money''. In
2021, a Dutch tribunal found that Isabel dos Santos and
her husband obtained a $500 million stake in the oil
company through ``grand corruption''.
(11) In December 2021, the United States Government
issued a first-ever ``United States Strategy on
Countering Corruption'', that includes ``Curbing
Illicit Finance'' as a strategic pillar. An express
line of effort to advance this strategic pillar states
that: ``Deficiencies in the U.S. regulatory framework
mean various professionals and service providers--
including lawyers, accountants, trust and company
service providers, incorporators, and others willing to
be hired as registered agents or who act as nominees to
open and move funds through bank accounts--are not
required to understand the nature or source of income
of their clients or prospective clients. . .While U.S.
law enforcement has increased its focus on such
facilitators, it is both difficult to prove `intent and
knowledge' that a facilitator was dealing with illicit
funds or bad actors, or that they should have known the
same. Cognizant of such constraints, the Administration
will consider additional authorities to cover key
gatekeepers, working with the Congress as necessary to
secure additional authorities''.
(12) This section provides the authorities needed to
require that professional service providers who serve
as key gatekeepers to the U.S. financial system adopt
anti-money laundering procedures that can help detect
and prevent the laundering of corrupt and other
criminal funds into the United States. Absent such
authorities, the United States Government will be
unable to adequately protect the U.S. financial system,
identify funds and assets that are the proceeds of
corruption, or support foreign states in their efforts
to combat corruption and promote good governance.
(c) Requirements for Gatekeepers.--
(1) In general.--Section 5312(a)(2) of title 31,
United States Code, as amended by the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021, is amended--
(A) by redesignating subparagraphs (Z) and
(AA) as subparagraphs (AA) and (BB),
respectively; and
(B) by inserting after subparagraph (Y) the
following:
``(Z) any person, excluding any governmental
entity, employee, or agent, who engages in any
activity which the Secretary determines, by
regulation pursuant to section 5337(a), to be
the provision, with or without compensation,
of--
``(i) corporate or other legal entity
arrangement, association, or formation
services;
``(ii) trust services;
``(iii) third party payment services;
or
``(iv) legal or accounting services
that--
``(I) involve financial
activities that facilitate--
``(aa) corporate or
other legal entity
arrangement,
association, or
formation services;
``(bb) trust
services; or
``(cc) third party
payment services; and
``(II) are not direct
payments or compensation for
civil or criminal defense
matters.''.
(2) Requirements for gatekeepers.--Subchapter II of
chapter 53 of subtitle IV of title 31, United States
Code, is amended by adding at the end the following:
``Sec. 5337. Requirements for gatekeepers.
``(a) In General.--
``(1) In general.--The Secretary shall, not later
than 1 year after the date of the enactment this
section, issue a rule to--
``(A) determine what persons fall within the
class of persons described in section
5312(a)(2)(Z); and
``(B) prescribe appropriate requirements for
such persons.
``(2) Sense of the congress.--It is the sense of the
Congress that when issuing a rule to determine what
persons fall within the class of persons described in
section 5312(a)(2)(Z), the Secretary shall design such
rule--
``(A) to minimizes burden of such rule and
maximizes the intended outcome of such rule, as
determined by the Secretary; and
``(B) avoid applying additional requirements
for persons that may fall within the class of
persons described in section 5312(a)(2)(Z) but
whom are already, as determined by the
Secretary, appropriately regulated under
section 5312.
``(3) Identification of persons.--When determining
what persons fall within the class of persons described
in section 5312(a)(2)(Z) the Secretary of the Treasury
shall include--
``(A) any person involved in--
``(i) the formation or registration
of a corporation, limited liability
company, trust, foundation, limited
liability partnership, partnership, or
other similar entity;
``(ii) the acquisition or disposition
of an interest in a corporation,
limited liability company, trust,
foundation, limited liability
partnership, partnership, or other
similar entity;
``(iii) providing a registered
office, address or accommodation,
correspondence or administrative
address for a corporation, limited
liability company, trust, foundation,
limited liability partnership,
partnership, or other similar entity;
``(iv) acting as, or arranging for
another person to act as, a nominee
shareholder for another person;
``(v) the managing, advising, or
consulting with respect to money or
other assets;
``(vi) the processing of payments;
``(vii) the provision of cash vault
services;
``(viii) the wiring of money;
``(ix) the exchange of foreign
currency, digital currency, or digital
assets; or
``(x) the sourcing, pooling,
organization, or management of capital
in association with the formation,
operation, or management of, or
investment in, a corporation, limited
liability company, trust, foundation,
limited liability partnership,
partnership, or other similar entity;
``(B) any person who, in connection with
filing any return, directly or indirectly, on
behalf of a foreign individual, trust or
fiduciary with respect to direct or indirect,
United States investment, transaction, trade or
business, or similar activities--
``(i) obtains or uses a preparer tax
identification number; or
``(ii) would be required to use or
obtain a preparer tax identification
number, if such person were compensated
for services rendered;
``(C) any person acting as, or arranging for
another person to act as, a registered agent,
trustee, director, secretary, partner of a
company, a partner of a partnership, or similar
position in relation to a corporation, limited
liability company, trust, foundation, limited
liability partnership, partnership, or other
similar entity; and
``(D) any person, wherever organized or doing
business, that is--
``(i) owned or controlled by a person
described in subparagraphs (A), (B), or
(C);
``(ii) acts as an agent of a person
described in subparagraphs (A), (B), or
(C); or
``(iii) is an instrumentality of a
person described in subparagraphs (A),
(B), or (C).
``(b) Requirements.--The Secretary shall require persons
described in section 5312(a)(3) to do 1 or more of the
following--
``(1) identify and verify account holders and
functional equivalents as described in section 5318(l),
including by establishing and maintaining written
procedures that are reasonably designed to enable the
person to identify and verify beneficial owners (as
such term is defined in section 5336(a)) of clients;
``(2) maintain appropriate procedures, including the
collection and reporting of such information as the
Secretary may prescribe by regulation, to ensure
compliance with this subchapter and regulations
prescribed thereunder or to guard against corruption,
money laundering, the financing of terrorism, or other
forms of illicit finance;
``(3) establish anti-money laundering programs as
described in section 5318(h);
``(4) report suspicious transactions as described in
section 5318(g)(1); and
``(5) establish due diligence policies, procedures,
and controls as described in section 5318(i).
``(c) Limitation on Exemptions.--The Secretary may not delay
the application of any requirement described in this subchapter
for any person described in section 5312(a)(2)(Z) or section
5337(a)(3)
``(d) Extraterritorial Jurisdiction.--Any person described in
section 5312(a)(2)(Z) shall be subject to extraterritorial
Federal jurisdiction with respect to the requirements of this
subtitle.
``(e) Enforcement.--
``(1) Random audits.--Beginning on the date that is 1
year after the date that the Secretary issues a rule to
determine what persons fall within the class of persons
described in section 5312(a)(2)(Z), and on an ongoing
basis thereafter, the Secretary shall conduct random
audits of persons that fall within the class of persons
described in section 5312(a)(2)(Z), in a manner that
the Secretary determines appropriate, to access
compliance with this section.
``(2) Reports.--The Secretary shall, not later than
180 days after the conclusion of any calendar year that
begins after the date that is 1 year after the date
that the Secretary issues a rule pursuant to section
5337(a), submit a report to the Committee on Financial
Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate that--
``(A) describes the results of any random
audits conducted pursuant to paragraph (1)
during such calendar year; and
``(B) includes recommendations for improving
the effectiveness of the requirements imposed
under this section on persons described in
section 5312(a)(2)(Z).''.
(3) Effective date.--This section and the amendments
made by this section shall take effect on the date that
the Secretary of the Treasury issues a rule pursuant to
section 5537 of title 31 of the United States Code, as
added by this section.
(4) Conforming amendment.--The table of sections in
chapter 53 of subtitle IV of title 31, United States
Code, is amended by inserting after the item relating
to section 5336 the following:
``5337. Requirements for gatekeepers.''.
(5) Use of technology to increase efficiency and
accuracy of information.--
(A) In general.--The Secretary of the
Treasury, acting through the Director of the
Financial Crimes Enforcement Network, shall
promote the integrity and timely, efficient
collection of information by persons described
in section 5312(a)(2)(Z) of title 31, United
States Code by exploring the use of
technologies to--
(i) effectuate the collection,
standardization, transmission, and
sharing of such information as required
under section 5337 of title 31, United
States Code; and
(ii) minimize the burdens associated
with the collection, standardization,
transmission, and sharing of such
information as required under section
5337 of title 31, United States Code.
(B) Report.--Not later than 3 years after the
date of the enactment of this subsection, the
Director of the Financial Crimes Enforcement
Network shall submit a report to Committee on
Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate that--
(i) describes any findings of the
Director of the Financial Crimes
Enforcement with respect to
technologies that may effectuate the
collection, standardization,
transmission, and sharing of such
information as required under section
5337 of title 31, United States Code;
and
(ii) makes recommendations for
implementing such technologies.
(d) Gatekeepers Strategy.--Section 262 of the Countering
America's Adversaries Through Sanctions Act is amended by
inserting after paragraph (10) the following:
``(11) Gatekeeper strategy.--
``(A) In general.--A description of efforts
to impose sufficient anti-money laundering
safeguards on types of persons who serve as
gatekeepers.
``(B) Update.--If the updates to the national
strategy required under section 261 have been
submitted to appropriate congressional
committees before the date of the enactment of
this paragraph, the President shall submit to
the appropriate congressional committees an
additional update to the national strategy with
respect to the addition of this paragraph not
later than 1 year after the date of the
enactment of this paragraph.''.
(e) Agency Coordination and Collaboration.--The Secretary of
the Treasury shall, to the greatest extent practicable--
(1) establish relationships with State, local,
territorial, and Tribal governmental agencies; and
(2) work collaboratively with such governmental
agencies to implement and enforce the regulations
prescribed under this section and the amendments made
by this section, by--
(A) using the domestic liaisons established
in section 310(f) of title 31, United States
Code, to share information regarding changes
effectuated by this section;
(B) using the domestic liaisons established
in section 310(f) of title 31, United States
Code, to advise on necessary revisions to
State, local, territorial, and Tribal standards
with respect to relevant professional
licensure;
(C) engaging with various gatekeepers as
appropriate, including with respect to
information sharing and data sharing; and
(D) working with State, local, territorial,
and Tribal governmental agencies to levy
professional sanctions on persons who
facilitate corruption, money laundering, the
financing of terrorist activities, and other
related crimes.
(f) Authorization of Appropriations.--In addition to amounts
otherwise available for such purposes, there are authorized to
be appropriated to the Secretary of the Treasury, without
fiscal year limitation, $53,300,000 to remain available until
expended, exclusively for the purpose of carrying out this
section and the amendments made by the Act, including for--
(1) the hiring of personnel;
(2) the exploration and adoption of information
technology to effectively support enforcement
activities or activities described in subsection (c) of
this section and the amendments made by such
subsection;
(3) audit, investigatory, and review activities,
including those described in subsection (c) of this
section and the amendments made by such subsection;
(4) agency coordination and collaboration efforts and
activities described in subsection (e) of this section;
(5) for voluntary compliance programs;
(6) for conducting the report in subsection (c)(5) of
this section; and
(7) for allocating amounts to the State, local,
territorial, and Tribal jurisdictions to pay reasonable
costs relating to compliance with or enforcement of the
requirements of this section.
(g) Rule of Construction.--Nothing in this section may be
construed to be limited or impeded by any obligations under
State, local, territorial, or Tribal laws or rules concerning
privilege, ethics, confidentiality, privacy, or related
matters.
----------
417. An Amendment To Be Offered by Representative Waters of California
or Her Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND AFFORDABLE
HOUSING.
Section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note) is amended--
(1) in subsection (a), by striking ``the National
Community Development Initiative, Local Initiatives
Support Corporation, The Enterprise Foundation, Habitat
for Humanity, and Youthbuild USA'' and inserting ``non-
Federal entities, including nonprofit organizations
that can provide technical assistance activities to
community development corporations, community housing
development organizations, community land trusts,
nonprofit organizations in insular areas, and other
mission-driven and nonprofit organizations that target
services to low-income and socially disadvantaged
populations, and provide services in neighborhoods
having high concentrations of minority, low-income, or
socially disadvantaged populations,''; and
(2) in subsection (b)(3), by striking ``National
Community Development Initiative, Local Initiatives
Support Corporation, The Enterprise Foundation, Habitat
for Humanity, and Youthbuild USA'' and inserting ``non-
Federal entities through which assistance is provided
under this section,''.
SEC. 5404. AFFORDABLE HOUSING CONSTRUCTION AS ELIGIBLE ACTIVITY UNDER
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
(a) Eligible Activity.--Subsection (a) of section 105 of the
Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)) is amended--
(1) in paragraph (25)(D), by striking ``and'' at the
end;
(2) in paragraph (26), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(27) the new construction of affordable housing,
within the meaning given such term under section 215 of
the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12745).''.
(b) Low and Moderate Income Requirement.--Paragraph (3) of
section 105(c) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(c)(3)) is amended by striking ``or
rehabilitation'' and inserting ``, rehabilitation, or new
construction''.
(c) Applicability.--The amendments made by this section shall
apply with respect only to amounts appropriated after the date
of the enactment of this Act.
SEC. 5405. CONSIDERATION OF SMALL HOME MORTGAGE LENDING UNDER COMMUNITY
REINVESTMENT ACT.
(a) In General.-- Section 804 of the Community Reinvestment
Act of 1977 (12 U.S.C. 2903) is amended by adding at the end
the following:
``(e) Consideration of Small Home Mortgage Lending.--
``(1) In general.--As part of assessing a financial
institution under subsection (a), the appropriate
Federal financial supervisory agency shall evaluate the
financial institution's performance in facilitating
home mortgage lending targeted to low- and moderate-
income borrowers in a safe and sound manner,
including--
``(A) mortgages of $100,000 or less in value
that facilitate a home purchase or help a
borrower to refinance an existing mortgage;
``(B) mortgages of $100,000 or less in value
originated in cooperation with a minority
depository institution, women's depository
institution, low-income credit union, or a
community development financial institution
certified by the Secretary of the Treasury (as
defined under section 103 of the Riegle
Community Development and Regulatory
Improvement Act of 1994).
``(C) mortgages of $100,000 or less in value
originated to purchase or refinance a home as
part of a special purpose credit program (as
defined under section 1002.8(a) of title 12,
Code of Federal Regulations).
``(2) Data collection and reporting by large
financial institutions.--
``(A) In general.--Each large financial
institution shall collect, maintain, and report
to the appropriate Federal financial
supervisory agency--
``(i) mortgage loan data needed to
calculate retail lending volume and
distribution metrics;
``(ii) information related to
demographics of borrowers, including
the income, disability, gender
identity, race, and ethnicity of
mortgage applicants;
``(iii) the number of mortgage loans
originated with a value of $100,000 or
less as well as the demographics of
borrowers, including income, race,
gender, and ethnicity; and
``(iv) all mortgage loans for the
purpose of a home purchase and a
refinance originated by the bank
through a special purpose credit
program, to focus on Black, Latinx,
Native American, Asian American,
Pacific Islander borrowers.
``(B) Template.--The appropriate Federal
financial supervisory agencies shall, jointly,
issue rules to establish a template that large
financial institutions shall use to collect
information required to be collected under this
paragraph.
``(C) Large financial institution defined.--
The appropriate Federal financial supervisory
agencies shall, jointly, define the term `large
financial institution' for purposes of this
paragraph.''.
(b) Discretionary Surplus Fund.--
(1) In general.--Subparagraph (A) of section 7(a)(3)
of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is
amended by reducing the dollar figure described in such
subparagraph by $3,000,000.
(2) Effective date.--The amendment made by paragraph
(1) shall take effect on September 30, 2022.
SEC. 5406. PROHIBITION ON CONSUMER REPORTS CONTAINING ADVERSE
INFORMATION RELATED TO CERTAIN STUDENT LOANS.
(a) Canceled or Forgiven Federal Student Loans.--Section
605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is
amended by adding at the end the following:
``(9) Any adverse information related to any portion
of a loan made, insured, or guaranteed under part B or
made under part D of the Higher Education Act of 1965,
to the extent the loan was repaid, canceled, or
otherwise forgiven by the Secretary of Education.''.
(b) Student Loans Related to Corinthian Colleges.--Section
605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)),
as amended by subsection (a), is further amended by adding at
the end the following
``(10) Any adverse information related to a private
education loan (as defined under section 140(a) of the
Truth in Lending Act) if such loan was provided to
cover expenses related to attending a school owned by
Corinthian Colleges, Inc.''.
SEC. 5407. EXTENSION OF THE CENTRAL LIQUIDITY FACILITY.
(a) In General.--Section 4016(b) of the CARES Act (12 U.S.C.
1795a note) is amended by adding at the end the following:
``(3) Extension.--During the period beginning on the
date of enactment of this Act and ending on December
31, 2023, the provisions of law amended by this
subsection shall be applied as such provisions were in
effect on the day before the effective date described
under paragraph (2).''.
(b) CLF Borrowing Authority.--Effective on the date of
enactment of the CARES Act, section 307(a)(4)(A) of the Federal
Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended by
striking ``twelve times the subscribed capital stock and
surplus of the Facility, provided that, the total face value of
such obligations shall not exceed 16 times the subscribed
capital stock and surplus of the Facility for the period
beginning on the date of enactment of the Coronavirus Economic
Stabilization Act of 2020 and ending on December 31, 2021'' and
inserting ``16 times the subscribed capital stock and surplus
of the Facility''.
SEC. 5408. PROMOTING CAPITAL RAISING OPTIONS FOR TRADITIONALLY
UNDERREPRESENTED SMALL BUSINESSES.
Section 4(j)(4) of the Securities Exchange Act of 1934 (15
U.S.C. 78d(j)(4)) is amended--
(1) in subparagraph (G), by striking ``and'' at the
end;
(2) in subparagraph (H), by striking the period at
the end and insert a semicolon; and
(3) by adding at the end the following:
``(I) provide educational resources and host
events to raise awareness of capital raising
options for--
``(i) underrepresented small
businesses, including women-owned and
minority-owned small businesses;
``(ii) businesses located in rural
areas; and
``(iii) small businesses affected by
hurricanes or other natural disasters;
and
``(J) at least annually, meet with
representatives of State securities commissions
to discuss opportunities for collaboration and
coordination with respect to efforts to assist
small businesses and small business
investors.''.
SEC. 5409. IMPROVEMENTS BY COUNTRIES IN COMBATING NARCOTICS-RELATED
MONEY LAUNDERING.
Section 489(a)(7) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291h(a)(7)) is amended--
(1) in the matter before subparagraph (A), by
striking ``paragraph (3)(D)'' and inserting ``paragraph
(3)(C)''; and
(2) by inserting after subparagraph (C) the
following:
``(D) Where the information is available,
examples of improvements in each country
related to the findings described in each of
clauses (i) through (viii) of subparagraph (C),
such as--
``(i) actions taken by the country
due to each country's adoption of law
and regulations considered essential to
prevent narcotics-related money
laundering;
``(ii) enhanced enforcement actions
taken by the country, such as
regulatory penalties, criminal
prosecutions and convictions, and asset
seizures and forfeitures;
``(iii) status changes in
international financial crime-related
evaluations;
``(iv) other descriptions that are
representative of efforts to enhance
the prevention of narcotics-related
money laundering; and
``(v) if applicable, bilateral,
multilateral, and regional initiatives
which have been undertaken to prevent
narcotics-related money laundering.''.
SEC. 5410. STUDY ON THE ROLE OF ONLINE PLATFORMS AND TENANT SCREENING
COMPANIES IN THE HOUSING MARKET.
(a) Study.--The Secretary of Housing and Urban Development
and the Director of the Bureau of Consumer Financial Protection
shall, jointly, carry out a study to--
(1) assess the role of online platforms and tenant
screening companies in the housing market, including
purchasing homes and providing housing-related services
to landlords and consumers, including tenants,
homeowners, and prospective homebuyers;
(2) assess how such entities currently comply with
fair housing, fair lending, and consumer financial
protection laws and regulations (including the Fair
Housing Act, the Equal Credit Opportunity Act, the Fair
Credit Reporting Act, and other relevant statutes and
regulations determined relevant by the Secretary and
the Director), including in their digital advertising,
digital listing, and tenant screening practices;
(3) assess how such entities are currently using
artificial intelligence, including machine learning, in
their services, and how these technologies are being
assessed for compliance with appropriate fair housing
and fair lending laws; and
(4) assess the impact of how such entities and their
use of artificial intelligence technologies, including
machine learning, affect low- and moderate-income
communities and communities of color in particular,
including any impediments to fair housing and fair
lending.
(b) Reports.--
(1) In general.--The Secretary and the Director
shall, jointly, issue an initial report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate not later than 1 year
after the date of enactment of this Act, and issue a
final report to such committees not later than 2 years
after the date of enactment of this Act, containing--
(A) all findings and determinations made in
carrying out the study required under
subsection (a); and
(B) any recommendations on how to improve
entities', as described under subsection
(a)(1), compliance with fair housing, fair
lending, and consumer financial protection laws
and regulations, including to affirmatively
further fair housing, to prevent algorithmic
bias, and to promote greater transparency,
explainability, privacy, and fairness in the
development and implementation of artificial
intelligence technologies, including machine
learning, with respect to the products and
services they offer.
(2) Additional reports.--The Secretary and the
Director may, either individually or jointly, issue
updates to the final report described under paragraph
(1), as the Secretary or the Director determines
necessary.
SEC. 5411. UNITED STATES OPPOSITION TO MULTILATERAL DEVELOPMENT BANK
PROJECTS THAT PROVIDE A PUBLIC SUBSIDY TO A PRIVATE
SECTOR FIRM UNLESS THE SUBSIDY IS AWARDED USING AN
OPEN, COMPETITIVE PROCESS OR ON AN OPEN-ACCESS
BASIS.
Title XV of the International Financial Institutions Act (22
U.S.C. 262o-262o-4) is amended by adding at the end the
following:
``SEC. 1506. UNITED STATES OPPOSITION TO MULTILATERAL DEVELOPMENT BANK
PROJECTS THAT PROVIDE A PUBLIC SUBSIDY TO A PRIVATE
SECTOR FIRM UNLESS THE SUBSIDY IS AWARDED USING AN
OPEN, COMPETITIVE PROCESS OR ON AN OPEN-ACCESS
BASIS.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
multilateral development bank--
``(1) to use voice, vote, and influence of the United
States to ensure that private sector subsidies provided
by the respective bank, including through the Private
Sector Window of the International Development
Association, are provided in accordance with the World
Bank guidelines; and
``(2) to vote against any project at the respective
bank, including through the Private Sector Window of
the International Development Association, that
provides a public subsidy to a private sector firm
unless--
``(A) the subsidy is awarded using an open,
competitive process;
``(B) the subsidy is awarded on an open
access basis; or
``(C) the United States Executive Director at
the respective bank determines that the subsidy
falls within an exception provided in the World
Bank guidelines for the use of direct
contracting.
``(b) Publication of Determination.--Within 60 days after the
United States Executive Director at any multilateral
development bank makes a determination described in subsection
(a)(2)(C), the Secretary of the Treasury shall cause to be
posted on the website of the Department of the Treasury a
justification for the determination.
``(c) Definitions.--In this section:
``(1) Multilateral development bank.--The term
`multilateral development bank' has the meaning given
in section 1701(c)(4).
``(2) World bank guidelines.--The term `World Bank
Guidelines' means the July 2014 revised edition of the
document, entitled `Procurement of Goods, Works, and
Non-Consulting Services under IBRD Loans and IDA
Credits & Grants by World Bank Borrowers', published by
the World Bank Group.''.
SEC. 5412. UNITED STATES CONTRIBUTION TO THE CATASTROPHE CONTAINMENT
AND RELIEF TRUST AT THE INTERNATIONAL MONETARY
FUND.
(a) Contribution Authority.--The Secretary of the Treasury
may contribute $200,000,000 on behalf of the United States to
the Catastrophe Containment and Relief Trust of the
International Monetary Fund.
(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized
to be appropriated, without fiscal year limitation,
$200,000,000 for payment by the Secretary of the Treasury.
SEC. 5413. PUBLIC REPORTING OF UNITED STATES VOTES TO SUPPORT, OR
ABSTENTION FROM VOTING ON, MULTILATERAL DEVELOPMENT
BANK PROJECTS UNDER THE GUIDANCE ON FOSSIL FUEL
ENERGY AT THE MULTILATERAL DEVELOPMENT BANKS ISSUED
BY THE DEPARTMENT OF THE TREASURY ON AUGUST 16,
2021.
Title XIII of the International Financial Institutions Act
(22 U.S.C. 262m-262m-8) is amended by adding at the end the
following:
``SEC. 1309. PUBLIC REPORTING OF UNITED STATES VOTES TO SUPPORT, OR
ABSTENTION FROM VOTING ON, MULTILATERAL DEVELOPMENT
BANK PROJECTS UNDER THE GUIDANCE ON FOSSIL FUEL
ENERGY AT THE MULTILATERAL DEVELOPMENT BANKS ISSUED
BY THE DEPARTMENT OF THE TREASURY ON AUGUST 16,
2021.
``Within 60 days after the United States votes to support, or
abstains from voting on, a multilateral development bank (as
defined in section 1701(c)(4)) project under the Guidance on
Fossil Fuel Energy at the Multilateral Development Banks issued
by the Department of the Treasury on August 16, 2021, the
Secretary of Treasury shall cause to be posted on the website
of the Department of the Treasury a detailed justification for
the vote or abstention.''.
SEC. 5414. UNITED STATES POLICY ON INTERNATIONAL FINANCE CORPORATION
DISCLOSURE OF HIGH AND SUBSTANTIAL RISK SUB-
PROJECTS OF FINANCIAL INTERMEDIARY CLIENTS.
Title XVI of the International Financial Institutions Act (22
U.S.C. 262p et seq.) is amended by adding at the end the
following:
``SEC. 1632. UNITED STATES POLICY ON INTERNATIONAL FINANCE CORPORATION
DISCLOSURE OF HIGH AND SUBSTANTIAL RISK SUB-
PROJECTS OF FINANCIAL INTERMEDIARY CLIENTS.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at the
International Finance Corporation to use the voice, vote, and
influence of the United States to seek the adoption at the
institution of a policy to require each financial intermediary
client to publicly disclose on the website of the International
Finance Corporation, in searchable form, and updated annually,
the following information about the Category A and B sub-
projects of the client, within 6 months after the date of the
enactment of this section for existing clients and, for new
clients, within 6 months after the date of Board approval for
new investments:
``(1) The name, city, and sector for all sub-
projects.
``(2) The environmental and social risk assessments
and mitigation plans that have been completed for each
sub-project.
``(3) A summary of the Environmental and Social
Management System of the client including a detailed
description of policies to appropriately identify,
categorize, assess, and address the environmental and
social risks relevant to the activities the client is
financing.
``(4) A link to the full Environmental and Social
Management System policy on the website of the client.
``(b) Reporting Requirement.--Within 6 months after the date
of the enactment of this section, the Secretary of the Treasury
shall submit a report to the Committee on Financial Services of
the House of Representatives and the Committee on Foreign
Relations of the Senate containing--
``(1) a description of the efforts by the Secretary
to achieve the policy outlined in subsection (a); and
``(2) a description of any opposition from
management, shareholders, and clients to the adoption
of the policy.''.
SEC. 5415. UNITED STATES POLICY ON MULTILATERAL DEVELOPMENT BANK
DISCLOSURE OF BENEFICIAL OWNERSHIP INFORMATION.
Title XV of the International Financial Institutions Act (22
U.S.C. 262o-262o-4) is further amended by adding at the end the
following:
``SEC. 1507. UNITED STATES POLICY ON MULTILATERAL DEVELOPMENT BANK
DISCLOSURE OF BENEFICIAL OWNERSHIP INFORMATION.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
multilateral development bank--
``(1) to use voice and vote of the United States to
advocate for the adoption of a policy at the respective
institution to collect, verify and publish beneficial
ownership information for any corporation or limited
liability company, other than a publicly listed
company, that receives any assistance from the bank;
and
``(2) to vote against the provision of any assistance
by the bank to any corporation or limited liability
company, other than a publicly listed company, unless
the bank collects, verifies, and publishes beneficial
ownership information for the entity.
``(b) Definitions.--In this section:
``(1) Multilateral development bank.--The term
`multilateral development bank' has the meaning given
in section 1701(c)(4).
``(2) Beneficial owner.--The term `beneficial owner'
has the meaning given in section 5336(3) of title 31,
United States Code.''.
SEC. 5416. STRENGTHENING THE SEC'S WHISTLEBLOWER FUND.
Section 21F(g)(3)(A) of the Securities Exchange Act of 1934
(15 U.S.C. 78u-6(g)(3)(A)) is amended--
(1) in clause (i), by striking ``$300,000,000'' and
inserting ``$600,000,000 (as such amount is indexed for
inflation every 5 years by the Commission to reflect
the change in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor
Statistics)''; and
(2) in clause (ii)--
(A) by striking ``$200,000,000'' and
inserting ``$600,000,000 (as such amount is
indexed for inflation every 5 years by the
Commission to reflect the change in the
Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics)'';
(B) by striking ``Fund'' and inserting
``fund''; and
(C) by striking ``balance of the disgorgement
fund'' and inserting ``balance of the Fund''.
At the end of division E, add the following:
TITLE LIX--PROMOTING AND ADVANCING COMMUNITIES OF COLOR THROUGH
INCLUSIVE LENDING ACT
SEC. 5901. SHORT TITLE.
This title may be cited as the ``Promoting and Advancing
Communities of Color Through Inclusive Lending Act''.
Subtitle A--Promoting and Advancing Communities of Color Through
Inclusive Lending
SEC. 5911. STRENGTHENING DIVERSE AND MISSION-DRIVEN COMMUNITY FINANCIAL
INSTITUTIONS.
(a) Minority Lending Institution Set-aside in Providing
Assistance.--
(1) In general.--Section 108 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4707) is amended by adding at the end the
following:
``(i) Supporting Minority Institutions.--Notwithstanding any
other provision of law, in providing any assistance to
community development financial institutions, the Fund shall
reserve 40 percent of such assistance for minority lending
institutions.''.
(2) Definitions.--Section 103 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4702) is amended by adding at the end the
following:
``(22) Minority lending institution.--The term
`minority lending institution' has the meaning given
that term under section 523(c) of division N of the
Consolidated Appropriations Act, 2021.''.
(b) Office of Minority Lending Institutions.--Section 104 of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4703) is amended by adding at the end the
following:
``(l) CDFI Office of Minority Lending Institutions.--There is
established within the Fund an Office of Minority Lending
Institutions, which shall oversee assistance provided by the
Fund to minority lending institutions.''.
(c) Reporting on Minority Lending Institutions.--Section 117
of the Riegle Community Development and Regulatory Improvement
Act of 1994 (12 U.S.C. 4716) is amended by adding at the end
the following:
``(g) Reporting on Minority Lending Institutions.--Each
report required under subsection (a) shall include a
description of the extent to which assistance from the Fund are
provided to minority lending institutions.''.
(d) Submission of Demographic Data Relating to Diversity by
Community Development Financial Institutions.--Section 104 of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4703), as amended by subsection (b), is
further amended by adding at the end the following:
``(m) Submission of Demographic Data Relating to Diversity.--
``(1) Definitions.--In this subsection--
``(A) the term `executive officer' has the
meaning given the term in section 230.501(f) of
title 17, Code of Federal Regulations, as in
effect on the date of enactment of this
subsection;
``(B) the term `gender identity' means the
gender-related identity, appearance,
mannerisms, or other gender-related
characteristics of an individual, regardless of
the individual's designated sex at birth;
``(C) the term `sexual orientation' means
homosexuality, heterosexuality, or bisexuality;
and
``(D) the term `veteran' has the meaning
given the term in section 101 of title 38,
United States Code.
``(2) Submission of disclosure.--Each Fund applicant
and recipient shall provide data regarding such factors
as may be determined by the Fund, which may include the
following:
``(A) Demographic data, based on voluntary
self-identification, on the racial, ethnic,
gender identity, and sexual orientation
composition of--
``(i) the board of directors of the
institution; and
``(ii) the executive officers of the
institution.
``(B) The status of any member of the board
of directors of the institution, any nominee
for the board of directors of the institution,
or any executive officer of the institution,
based on voluntary self-identification, as a
veteran.
``(C) Whether the board of directors of the
institution, or any committee of that board of
directors, has, as of the date on which the
institution makes a disclosure under this
paragraph, adopted any policy, plan, or
strategy to promote racial, ethnic, and gender
diversity among--
``(i) the board of directors of the
institution;
``(ii) nominees for the board of
directors of the institution; or
``(iii) the executive officers of the
institution.
``(3) Report to congress.--Not later than 24 months
after the date of enactment of this subsection, and
every other year thereafter, the Fund shall submit to
the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of
the House of Representatives, and make publicly
available on the website of the Fund, a report--
``(A) on the demographic data and trends of
the diversity information made available
pursuant to paragraph (2), including breakdowns
by each State (including the District of
Columbia and each territory of the United
States) and Tribal government entity; and
``(B) containing any administrative or
legislative recommendations of the Fund to
enhance the implementation of this title or to
promote diversity and inclusion within
community development financial
institutions.''.
(e) Office of Diverse and Mission-Driven Community Financial
Institutions.--
(1) Establishment.--There is established within the
Department of the Treasury the Office of Diverse and
Mission-Driven Community Financial Institutions.
(2) Leadership.--The Office of Diverse and Mission-
Driven Community Financial Institutions shall be led by
a Deputy Assistant Secretary for Diverse and Mission-
Driven Community Financial Institutions, who shall be
appointed by the Secretary of the Treasury, in
consultation with the Department of the Treasury's
Director of Office of Minority and Women Inclusion.
(3) Functions.--The Office of Diverse and Mission-
Driven Community Financial Institutions, pursuant to
the direction of the Secretary, shall seek to provide
support for diverse and mission-driven community
financial institutions and have the authority--
(A) to monitor and issue reports regarding--
(i) community development financial
institutions, minority depository
institutions, and minority lending
institutions; and
(ii) the role such institutions play
in the financial system of the United
States, including the impact they have
on providing financial access to low-
and moderate-income communities,
communities of color, and other
underserved communities;
(B) to serve as a resource and Federal
liaison for current and prospective community
development financial institutions, minority
depository institutions, and minority lending
institutions seeking to engage with the
Department of the Treasury, the Community
Development Financial Institutions Fund (``CDFI
Fund''), other Federal government agencies,
including by providing contact information for
other offices of the Department of the Treasury
or other Federal Government agencies,
resources, technical assistance, or other
support for entities wishing--
(i) to become certified as a
community development financial
institution, and maintain the
certification;
(ii) to obtain a banking charter,
deposit insurance, or otherwise carry
on banking activities in a safe, sound,
and responsible manner;
(iii) to obtain financial support
through private sector deposits,
investments, partnerships, and other
means;
(iv) to expand their operations
through internal growth and
acquisitions;
(v) to develop and upgrade their
technology, cybersecurity resilience,
compliance systems, data reporting
systems, and their capacity to support
their communities, including through
partnerships with third-party
companies;
(vi) to obtain grants, awards,
investments and other financial support
made available through the CDFI Fund,
the Board of Governors of the Federal
Reserve System, the Central Liquidity
Facility, the Federal Home Loan Banks,
and other Federal programs;
(vii) to participate as a financial
intermediary with respect to various
Federal and State programs and
agencies, including the State Small
Business Credit Initiative and programs
of the Small Business Administration;
and
(viii) to participate in Financial
Agent Mentor-Protege Program of the
Department of the Treasury and other
Federal programs designed to support
private sector partnerships;
(C) to provide resources to the public
wishing to learn more about minority depository
institutions, community development financial
institutions, and minority lending
institutions, including helping the Secretary
implement the requirements under section 334,
publishing reports issued by the Office on the
website of the Department of the Treasury and
providing hyperlinks to other relevant reports
and materials from other Federal agencies;
(D) to provide policy recommendations to
other relevant Federal agencies and Congress on
ways to further strengthen Federal support for
community development financial institutions,
minority depository institutions, and minority
lending institutions;
(E) to assist the Secretary in carrying out
the Secretary's responsibilities under section
308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12
U.S.C. 1463 note) to preserve and promote
minority depository institutions in
consultation with the Chairman of the Board of
Governors of the Federal Reserve System, the
Comptroller of the Currency, the Chairman of
the National Credit Union Administration, and
the Chairperson of the Board of Directors of
the Federal Deposit Insurance Corporation;
(F) to carry out other duties of the
Secretary of the Treasury required by this
subtitle and the amendments made by this
subtitle, and to perform such other duties and
authorities as may be assigned by the
Secretary.
(f) Strengthening Federal Efforts and Interagency
Coordination to Promote Diverse and Mission-driven Community
Financial Institutions.--
(1) Senior officials designated.--The Chairman of the
Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Chairman of the
National Credit Union Administration, the Chairperson
of the Board of Directors of the Federal Deposit
Insurance Corporation, and the Director of the Bureau
of Consumer Financial Protection shall each, in
consultation with their respective Director of Office
of Minority and Women Inclusion, designate a senior
official to be their respective agency's officer
responsible for promoting minority depository
institutions, community development financial
institutions, and minority lending institutions,
including to fulfill obligations under section 308 of
the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note) to
preserve and promote minority depository institutions.
(2) Interagency working group.--The Department of the
Treasury shall regularly convene meetings, no less than
once a quarter, of an interagency working group to be
known as the ``Interagency Working Group to Promote
Diverse and Mission-Driven Community Financial
Institutions'', which shall consist of the senior
officials designated by their respective agencies under
paragraph (1), along with the Deputy Assistant
Secretary for Diverse and Mission-Driven Community
Financial Institutions, the Director of the Community
Development Financial Institutions Fund, and such other
government officials as the Secretary of the Treasury
may choose to invite, to examine and discuss the state
of minority depository institutions, community
development financial institutions, and minority
lending institutions, and actions the relevant agencies
can take to preserve, promote, and strengthen these
institutions.
(3) Promoting fair housing and collective ownership
opportunities.--
(A) Initial report.--Not later than 18 months
after the date of the enactment of this
subsection, the Secretary of Treasury, jointly
with the Secretary of Housing and Urban
Development, shall issue a report to the
covered agencies and the Congress examining
different ways financial institutions,
including community development financial
institutions, can affirmatively further fair
housing and be encouraged and incentivized to
carry out activities that expand long-term
wealth-building opportunities within low-income
and minority communities that support
collective ownership opportunities, including
through investments in worker cooperatives,
consumer cooperatives, community land trusts,
not-for-profit-led shared equity homeownership,
and limited-equity cooperatives, and to provide
recommendations to the covered agencies and the
Congress in the furtherance of these
objectives.
(B) Progress updates.--Beginning not later
than three years after the date of the
enactment of this subsection, and every five
years thereafter, the Secretary of the Treasury
and the Secretary of Housing and Urban
Development shall, after receiving the
necessary updates from the covered agencies,
issue a report examining the progress made on
implementing relevant recommendations, and
providing any additional recommendations to the
covered agencies and the Congress in
furtherance of the objectives under
subparagraph (A).
(C) Covered agencies.--For purposes of this
subsection, the term ``covered agencies'' means
the Community Development Financial
Institutions Fund, the Department of Housing
and Urban Development. the Board of Governors
of the Federal Reserve System, the Federal
Deposit Insurance Corporation, the Office of
the Comptroller of the Currency, the National
Credit Union Administration, and the Federal
Housing Finance Agency.
(4) Annual report to congress.--Not later than 1 year
after the date of the enactment of this subsection, and
annually thereafter, the Secretary of the Treasury, the
Chairman of the Board of Governors of the Federal
Reserve System, the Comptroller of the Currency, the
Chairman of the National Credit Union Administration,
the Chairperson of the Board of Directors of the
Federal Deposit Insurance Corporation, and the Director
of the Bureau of Consumer Financial Protection shall
submit a joint report to the Committee on Financial
Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate regarding the work that has been done the prior
year to preserve, promote, and strengthen community
development financial institutions, minority depository
institutions, and minority lending institutions, along
with any policy recommendations on actions various
government agencies and Congress should take to
preserve, promote, and strengthen community development
financial institutions, minority depository
institutions, and minority lending institutions.
SEC. 5912. CAPITAL INVESTMENTS, GRANTS, AND TECHNOLOGY SUPPORT FOR MDIS
AND CDFIS.
(a) Authorization of Appropriation.--There is authorized to
be appropriated to the Emergency Capital Investment Fund
$4,000,000,000. Such funds may be used for administrative
expenses of the Department of the Treasury.
(b) Conforming Amendments to Allow for Additional Purchases
of Capital.--Section 104A of the Riegle Community Development
and Regulatory Improvement Act of 1994 (12 U.S.C. 4703a) is
amended--
(1) in subsection (c), by striking paragraph (2); and
(2) in subsection (e), by striking paragraph (2).
(c) Use of Funds for CDFI Financial and Technical
Assistance.--Section 104A of the Riegle Community Development
and Regulatory Improvement Act of 1994 (12 U.S.C. 4703a) is
amended by adding at the end the following:
``(p) Use of Funds for CDFI Financial and Technical
Assistance.--The Secretary shall transfer no less than
$1,000,000,000 in the Emergency Capital Investment Fund to the
Fund for the purpose of providing financial and technical
assistance grants to community development financial
institutions certified by the Secretary. The Fund shall provide
such grants using a formula that takes into account criteria
such as certification status, financial and compliance
performance, portfolio and balance sheet strength, diversity of
CDFI business model types, and program capacity.''.
(d) Technology Grants for MDIs and CDFIs.--
(1) Study and report on certain technology
challenges.--
(A) Study.--The Secretary of the Treasury
shall carry out a study on the technology
challenges impacting minority depository
institutions and community development
financial institutions with respect to--
(i) internal technology capabilities
and capacity of the institutions to
process loan applications and otherwise
serve current and potential customers
through the internet, mobile phone
applications, and other tools;
(ii) technology capabilities and
capacity of the institutions, provided
in partnership with third party
companies, to process loan applications
and otherwise serve current and
potential customers through the
internet, mobile phone applications,
and other tools;
(iii) cybersecurity; and
(iv) challenges and solutions related
to algorithmic bias in the deployment
of technology.
(B) Report.--Not later than 18 months after
the date of the enactment of this subsection,
the Secretary shall submit a report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate that
includes the results of the study required
under subparagraph (A).
(2) Technology grant program.--
(A) Program authorized.--The Secretary shall
carry out a technology grant program to make
grants to minority depository institutions and
community development financial institutions to
address technology challenges impacting such
institutions.
(B) Application.--To be eligible to be
awarded a grant under this paragraph, a
minority depository institution or community
development financial institution shall submit
an application to the Secretary at such time,
in such manner, and containing such information
as the Secretary may require.
(C) Use of funds.--A minority depository
institution or community development financial
institution that is awarded a grant under this
paragraph may use the grant funds to--
(i) enhance or adopt technologies
that--
(I) shorten loan approval
processes;
(II) improve customer
experience;
(III) provide additional
services to customers;
(IV) facilitate compliance
with applicable laws,
regulations, and program
requirements, including testing
to ensure that the use of
technology does not result in
discrimination, and helping to
satisfy data reporting
requirements;
(V) help ensure privacy of
customer records and
cybersecurity resilience; and
(VI) reduce the unbanked and
underbanked population; or
(ii) carry out such other activities
as the Secretary determines
appropriate.
(3) Funding.--The Secretary may use amounts in the
Emergency Capital Investment Fund to implement and make
grants under paragraph (2), but not to exceed
$250,000,000 in the aggregate.
(4) Definitions.--In this subsection, the terms
``community development financial institution'' and
``minority depository institution'' have the meaning
given those terms, respectively, under section 103 of
the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702).
(e) Pilot Program for Establishing De Novo CDFIs and MDIs.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Fund and the appropriate Federal
banking agencies, shall establish a pilot program to
provide competitive grants to a person for the purpose
of providing capital for such person to establish a
minority depository institution or a community
development financial institution.
(2) Application.--A person desiring a grant under
this subsection shall submit to the Secretary an
application in such form and containing such
information as the Secretary determines appropriate.
(3) Disbursement.--Before disbursing grant amounts to
a person selected to receive a grant under this
subsection, the Secretary shall ensure that such person
has received approval from the appropriate Federal
banking agency (or such other Federal or State agency
from whom approval is required) to establish a minority
depository institution or a community development
financial institution, as applicable.
(4) Funding.--The Secretary may use amounts in the
Emergency Capital Investment Fund to implement and make
grants under paragraph (2), but not to exceed
$100,000,000 in the aggregate.
(5) Definitions.--In this subsection, the terms
``appropriate Federal banking agency'', ``community
development financial institution'', ``Fund'', and
``minority depository institution'' have the meaning
given those terms, respectively, under section 103 of
the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702).
(f) Guidance for Subchapter S and Mutual Banks.--Not later
than 30 days after the date of enactment of this Act, the Board
of Governors of the Federal Reserve System and the Secretary
shall issue guidance regarding how Emergency Capital Investment
Program investments (whether made before or after the date of
enactment of this Act) are considered for purposes of various
prudential requirements, including debt to equity, leverage
ratio, and double leverage ratio requirements with respect to
subchapter S and mutual bank recipients of such investments.
(g) Collection of Data.--Section 111 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4710) is amended--
(1) by striking ``The Fund'' and inserting the
following:
``(a) In General.--The Fund''; and
(2) by adding at the end the following:
``(b) Collection of Certain Data by CDFIs.--Notwithstanding
the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)--
``(1) a community development financial institution
may collect data described in section 701(a)(1) of that
Act (15 U.S.C. 1691(a)(1)) from borrowers and
applicants for credit for the sole purpose and
exclusive use to ensure that targeted populations and
low-income residents of investment areas are adequately
served and to report the level of service provided to
such populations and areas to the Fund; and
``(2) a community development financial institution
that collects the data described in paragraph (1) shall
not be subject to adverse action related to that
collection by the Bureau of Consumer Financial
Protection or any other Federal agency.''.
SEC. 5913. SUPPORTING YOUNG ENTREPRENEURS PROGRAM.
Section 108 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4707), as amended
by section 331(a)(1), is further amended by adding at the end
the following:
``(j) Supporting Young Entrepreneurs Program.--
``(1) In general.--The Fund shall establish a
Supporting Young Entrepreneurs Program under which the
Fund may provide financial awards to the community
development financial institutions that the Fund
determines have the best programs to help young
entrepreneurs get the start up capital needed to start
a small business, with a focus on supporting young
women entrepreneurs, entrepreneurs who are Black,
Hispanic, Asian or Pacific Islander, and Native
American or Native Alaskan and other historically
underrepresented groups or first time business owners.
``(2) No matching requirement.--The matching
requirement under subsection (e) shall not apply to
awards made under this subsection.
``(3) Funding.--In carrying out this subsection, the
Fund may use--
``(A) amounts in the Emergency Capital
Investment Fund, but not to exceed $100,000,000
in the aggregate; and
``(B) such other funds as may be appropriated
by Congress to the Fund to carry out the
Supporting Young Entrepreneurs Program.''.
SEC. 5914. MAP OF MINORITY DEPOSITORY INSTITUTIONS AND COMMUNITY
DEVELOPMENT FINANCIAL INSTITUTIONS.
(a) In General.--The Secretary of the Treasury, in
consultation with the CDFI Fund and the Federal banking
agencies, shall establish an interactive, searchable map
showing the geographic locations of the headquarters and branch
locations of minority depository institutions, which shall be
provided by the Federal banking agencies, and community
development financial institutions that have been certified by
the Secretary, including breakdowns by each State (including
the District of Columbia and each territory of the United
States), Tribal government entity, and congressional district.
Such map shall also provide a link to the website of each such
minority depository institution and community development
financial institution.
(b) Definitions.--In this section:
(1) CDFI fund.--The term ``CDFI Fund'' means the
Community Development Financial Institutions Fund
established under section 104(a) of the Riegle
Community Development and Regulatory Improvement Act of
1994.
(2) Community development financial institution.--The
term ``community development financial institution''
has the meaning given in section 103 of the Riegle
Community Development and Regulatory Improvement Act of
1994.
(3) Federal banking agency.--The term ``Federal
banking agency''--
(A) has the meaning given in section 3 of the
Federal Deposit Insurance Act; and
(B) means the National Credit Union
Administration.
(4) Minority depository institution.--The term
``minority depository institution'' has the meaning
given in section 308(b) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989.
SEC. 5915. REPORT ON CERTIFIED COMMUNITY DEVELOPMENT FINANCIAL
INSTITUTIONS.
Section 117(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4716(a)) is
amended--
(1) by striking ``The Fund'' and inserting the
following:
``(1) In general.--The Fund'';
(2) by striking ``and the Congress'' and inserting
``, the Congress, and the public''; and
(3) by adding at the end the following:
``(2) Report on certified community development
financial institutions.--The annual report required
under paragraph (1) shall include a report on community
development financial institutions (`CDFIs') that have
been certified by the Secretary of the Treasury,
including a summary with aggregate data and analysis,
to the fullest extent practicable, regarding--
``(A) a list of the types of organizations
that are certified as CDFIs, and the number of
each type of organization;
``(B) the geographic location and capacity of
different types of certified CDFIs, including
overall impact breakdowns by each State
(including the District of Columbia and each
territory of the United States) and Tribal
government entity;
``(C) the lines of business for different
types of certified CDFIs;
``(D) human resources and staffing
information for different types of certified
CDFIs, including--
``(E) the types of development services
provided by different types of certified CDFIs;
``(F) the target markets of different types
of certified CDFIs and the amount of products
and services offered by CDFIs to those target
markets, including--
``(i) the number and amount of loans
and loan guarantees made in those
target markets;
``(ii) the number and amount of other
investments made in those target
markets; and
``(iii) the number and amount of
development services offered in those
target markets; and
``(G) such other information as the Director
of the Fund may determine necessary to promote
transparency of the impact of different types
of CDFIs, while carrying out this report in a
manner that seeks to minimize data reporting
requirements from certified CDFIs when
feasible, including utilizing information
gathered from other regulators under section
104(l).''.
SEC. 5916. CONSULTATION AND MINIMIZATION OF DATA REQUESTS.
Section 104 of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4703) is amended
by adding at the end the following:
``(l) Consultation and Minimization of Data Requests.--
``(1) In general.--In carrying out its duties, the
Fund shall--
``(A) periodically, and no less frequent than
once a year, consult with the applicable
Federal regulator of certified CDFIs and
applicants to be a certified CDFI
(`applicants)';
``(B) seek to gather any information
necessary related to Fund certification and
award decisions on certified CDFIs and
applicants from the applicable Federal
regulator, and such regulators shall use
reasonable efforts to provide such information
to the Fund, to minimize duplicative data
collection requests made by the Fund of
certified CDFIs and applicants and to expedite
certification, award, or other relevant
processes administered by the Fund.
``(2) Applicable federal regulator defined.--In this
subsection, the term `applicable Federal regulator'
means--
``(A) with respect to a certified CDFI or an
applicant that is regulated by both an
appropriate Federal banking agency and the
Bureau of Consumer Financial Protection, the
Bureau of Consumer Financial Protection;
``(B) with respect to a certified CDFI or an
applicant that is not regulated by the Bureau
of Consumer Financial Protection, the
appropriate Federal banking agency for such
applicant; or
``(C) the Bureau of Consumer Financial
Protection, with respect to a certified CDFI or
an applicant--
``(i) that is not regulated by an
appropriate Federal banking agency; and
``(ii) that offers or provides
consumer financial products or services
(as defined in section 1002 of the
Consumer Financial Protection Act of
2010 (12 U.S.C. 5481).''.
SEC. 5917. ACCESS TO THE DISCOUNT WINDOW OF THE FEDERAL RESERVE SYSTEM
FOR MDIS AND CDFIS.
Within 1 year after the date of enactment of this Act, the
Board of Governors of the Federal Reserve System shall
establish a process under which minority depository
institutions and community development financial institutions
may have access to the discount window, at the seasonal credit
interest rate most recently published on the Federal Reserve
Statistical Release on selected interest rates (daily or
weekly).
SEC. 5918. STUDY ON SECURITIZATION BY CDFIS.
(a) In General.--The Secretary of the Treasury, in
consultation with the Community Development Financial
Institutions Fund and such other Federal agencies as the
Secretary determines appropriate, shall carry out a study on--
(1) the use of securitization by CDFIs;
(2) any barriers to the use of securitization as a
source of liquidity by CDFIs; and
(3) any authorities available to the Government to
support the use of securitization by CDFIs to the
extent it helps serve underserved communities.
(b) Report.--Not later than the end of the 1-year period
beginning on the date of enactment of this Act, the Secretary
shall issue a report to the Committee on Financial Services of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate containing--
(1) all findings and determinations made in carrying
out the study required under subsection (a); and
(2) any legislative or administrative recommendations
of the Secretary that would promote the responsible use
of securitization to help CDFIs in reaching more
underserved communities.
(c) CDFI Defined.--The term ``CDFI'' has the meaning given
the term ``community development financial institution'' under
section 103 of the Riegle Community Development and Regulatory
Improvement Act of 1994.
Subtitle B--Promoting New and Diverse Depository Institutions
SEC. 5921. STUDY AND STRATEGIC PLAN.
(a) In General.--The Federal banking regulators shall
jointly--
(1) conduct a study about the challenges faced by
proposed depository institutions, including proposed
minority depository institutions, seeking de novo
depository institution charters; and
(2) submit to the Committee on Financial Services of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate and
publish publically, not later than 18 months after the
date of the enactment of this section--
(A) an analysis based on the study conducted
pursuant to paragraph (1);
(B) any findings from the study conducted
pursuant to paragraph (1); and
(C) any legislative recommendations that the
Federal banking regulators developed based on
the study conducted pursuant to paragraph (1).
(b) Strategic Plan.--
(1) In general.--Not later than 18 months after the
date of the enactment of this section, the Federal
banking regulators shall jointly submit to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate and publish publically
a strategic plan based on the study conducted pursuant
to subsection (a) and designed to help proposed
depository institutions (including proposed minority
depository institutions) successfully apply for de novo
depository institution charters in a manner that
promotes increased availability of banking and
financial services, safety and soundness, consumer
protection, community reinvestment, financial
stability, and a level playing field.
(2) Contents of strategic plan.--The strategic plan
described in paragraph (1) shall--
(A) promote the chartering of de novo
depository institutions, including--
(i) proposed minority depository
institutions; and
(ii) proposed depository institutions
that could be certified as community
development financial institutions; and
(B) describe actions the Federal banking
regulators may take that would increase the
number of depository institutions located in
geographic areas where consumers lack access to
a branch of a depository institution.
(c) Public Involvement.--When conducting the study and
developing the strategic plan required by this section, the
Federal banking regulators shall invite comments and other
feedback from the public to inform the study and strategic
plan.
(d) Definitions.--In this section:
(1) Depository institution.--The term ``depository
institution'' has the meaning given in section 3 of the
Federal Deposit Insurance Act, and includes a ``Federal
credit union'' and a ``State credit union'' as such
terms are defined, respectively, under section 101 of
the Federal Credit Union Act.
(2) Community development financial institution.--The
term ``community development financial institution''
has the meaning given in section 103 of the Riegle
Community Development and Regulatory Improvement Act of
1994.
(3) Federal banking regulators.--The term ``Federal
banking regulators'' means the Board of Governors of
the Federal Reserve System, the Comptroller of the
Currency, the Federal Deposit Insurance Corporation,
the National Credit Union Administration, and the
Director of the Bureau of Consumer Financial
Protection.
(4) Minority depository institution.--The term
``minority depository institution'' has the meaning
given in section 308(b) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989.
Subtitle C--Ensuring Diversity in Community Banking
SEC. 5931. SHORT TITLE.
This subtitle may be cited as the ``Ensuring Diversity in
Community Banking Act''.
SEC. 5932. SENSE OF CONGRESS ON FUNDING THE LOAN-LOSS RESERVE FUND FOR
SMALL DOLLAR LOANS.
The sense of Congress is the following:
(1) The Community Development Financial Institutions
Fund (the ``CDFI Fund'') is an agency of the Department
of the Treasury, and was established by the Riegle
Community Development and Regulatory Improvement Act of
1994. The mission of the CDFI Fund is ``to expand
economic opportunity for underserved people and
communities by supporting the growth and capacity of a
national network of community development lenders,
investors, and financial service providers''. A
community development financial institution (a
``CDFI'') is a specialized financial institution
serving low-income communities and a Community
Development Entity (a ``CDE'') is a domestic
corporation or partnership that is an intermediary
vehicle for the provision of loans, investments, or
financial counseling in low-income communities. The
CDFI Fund certifies CDFIs and CDEs. Becoming a
certified CDFI or CDE allows organizations to
participate in various CDFI Fund programs as follows:
(A) The Bank Enterprise Award Program, which
provides FDIC-insured depository institutions
awards for a demonstrated increase in lending
and investments in distressed communities and
CDFIs.
(B) The CDFI Program, which provides
Financial and Technical Assistance awards to
CDFIs to reinvest in the CDFI, and to build the
capacity of the CDFI, including financing
product development and loan loss reserves.
(C) The Native American CDFI Assistance
Program, which provides CDFIs and sponsoring
entities Financial and Technical Assistance
awards to increase lending and grow the number
of CDFIs owned by Native Americans to help
build capacity of such CDFIs.
(D) The New Market Tax Credit Program, which
provides tax credits for making equity
investments in CDEs that stimulate capital
investments in low-income communities.
(E) The Capital Magnet Fund, which provides
awards to CDFIs and nonprofit affordable
housing organizations to finance affordable
housing solutions and related economic
development activities.
(F) The Bond Guarantee Program, a source of
long-term, patient capital for CDFIs to expand
lending and investment capacity for community
and economic development purposes.
(2) The Department of the Treasury is authorized to
create multi-year grant programs designed to encourage
low-to-moderate income individuals to establish
accounts at federally insured banks, and to improve
low-to-moderate income individuals' access to such
accounts on reasonable terms.
(3) Under this authority, grants to participants in
CDFI Fund programs may be used for loan-loss reserves
and to establish small-dollar loan programs by
subsidizing related losses. These grants also allow for
the providing recipients with the financial counseling
and education necessary to conduct transactions and
manage their accounts. These loans provide low-cost
alternatives to payday loans and other nontraditional
forms of financing that often impose excessive interest
rates and fees on borrowers, and lead millions of
Americans to fall into debt traps. Small-dollar loans
can only be made pursuant to terms, conditions, and
practices that are reasonable for the individual
consumer obtaining the loan.
(4) Program participation is restricted to eligible
institutions, which are limited to organizations listed
in section 501(c)(3) of the Internal Revenue Code and
exempt from tax under 501(a) of such Code, federally
insured depository institutions, community development
financial institutions and State, local, or Tribal
government entities.
(5) According to the CDFI Fund, some programs attract
as much as $10 in private capital for every $1 invested
by the CDFI Fund. The Administration and the Congress
should prioritize appropriation of funds for the loan
loss reserve fund and technical assistance programs
administered by the Community Development Financial
Institution Fund.
SEC. 5933. DEFINITIONS.
In this subtitle:
(1) Community development financial institution.--The
term ``community development financial institution''
has the meaning given under section 103 of the Riegle
Community Development and Regulatory Improvement Act of
1994 (12 U.S.C. 4702).
(2) Minority depository institution.--The term
``minority depository institution'' has the meaning
given under section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1463 note), as amended by this Act.
SEC. 5934. INCLUSION OF WOMEN'S BANKS IN THE DEFINITION OF MINORITY
DEPOSITORY INSTITUTION.
Section 308(b)(1) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is
amended--
(1) by redesignating subparagraphs (A), (B), and (C)
as clauses (i), (ii), and (iii), respectively;
(2) by striking ``means any'' and inserting the
following: ``means--
``(A) any''; and
(3) in clause (iii) (as so redesignated), by striking
the period at the end and inserting ``; or''; and
(4) by inserting at the end the following new
subparagraph:
``(B) any bank described in clause (i), (ii),
or (iii) of section 19(b)(1)(A) of the Federal
Reserve Act--
``(i) more than 50 percent of the
outstanding shares of which are held by
1 or more women; and
``(ii) the majority of the directors
on the board of directors of which are
women.''.
SEC. 5935. ESTABLISHMENT OF IMPACT BANK DESIGNATION.
(a) In General.--Each Federal banking agency shall establish
a program under which a depository institution with total
consolidated assets of less than $10,000,000,000 may elect to
be designated as an impact bank if the total dollar value of
the loans extended by such depository institution to low-income
borrowers is greater than or equal to 50 percent of the assets
of such bank.
(b) Notification of Eligibility.--Based on data obtained
through examinations of depository institutions, the
appropriate Federal banking agency shall notify a depository
institution if the institution is eligible to be designated as
an impact bank.
(c) Application.--Regardless of whether or not it has
received a notice of eligibility under subsection (b), a
depository institution may submit an application to the
appropriate Federal banking agency--
(1) requesting to be designated as an impact bank;
and
(2) demonstrating that the depository institution
meets the applicable qualifications.
(d) Limitation on Additional Data Requirements.--The Federal
banking agencies may only impose additional data collection
requirements on a depository institution under this section if
such data is--
(1) necessary to process an application submitted by
the depository institution to be designated an impact
bank; or
(2) with respect to a depository institution that is
designated as an impact bank, necessary to ensure the
depository institution's ongoing qualifications to
maintain such designation.
(e) Removal of Designation.--If the appropriate Federal
banking agency determines that a depository institution
designated as an impact bank no longer meets the criteria for
such designation, the appropriate Federal banking agency shall
rescind the designation and notify the depository institution
of such rescission.
(f) Reconsideration of Designation; Appeals.--Under such
procedures as the Federal banking agencies may establish, a
depository institution may--
(1) submit to the appropriate Federal banking agency
a request to reconsider a determination that such
depository institution no longer meets the criteria for
the designation; or
(2) file an appeal of such determination.
(g) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Federal banking agencies shall
jointly issue rules to carry out the requirements of this
section, including by providing a definition of a low-income
borrower.
(h) Reports.--Each Federal banking agency shall submit an
annual report to the Congress containing a description of
actions taken to carry out this section.
(i) Federal Deposit Insurance Act Definitions.--In this
section, the terms ``depository institution'', ``appropriate
Federal banking agency'', and ``Federal banking agency'' have
the meanings given such terms, respectively, in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
SEC. 5936. MINORITY DEPOSITORIES ADVISORY COMMITTEES.
(a) Establishment.--Each covered regulator shall establish an
advisory committee to be called the ``Minority Depositories
Advisory Committee''.
(b) Duties.--Each Minority Depositories Advisory Committee
shall provide advice to the respective covered regulator on
meeting the goals established by section 308 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1463 note) to preserve the present number of covered
minority institutions, preserve the minority character of
minority-owned institutions in cases involving mergers or
acquisitions, provide technical assistance, and encourage the
creation of new covered minority institutions. The scope of the
work of each such Minority Depositories Advisory Committee
shall include an assessment of the current condition of covered
minority institutions, what regulatory changes or other steps
the respective agencies may be able to take to fulfill the
requirements of such section 308, and other issues of concern
to covered minority institutions.
(c) Membership.--
(1) In general.--Each Minority Depositories Advisory
Committee shall consist of no more than 10 members,
who--
(A) shall serve for one two-year term;
(B) shall serve as a representative of a
depository institution or an insured credit
union with respect to which the respective
covered regulator is the covered regulator of
such depository institution or insured credit
union; and
(C) shall not receive pay by reason of their
service on the advisory committee, but may
receive travel or transportation expenses in
accordance with section 5703 of title 5, United
States Code.
(2) Diversity.--To the extent practicable, each
covered regulator shall ensure that the members of the
Minority Depositories Advisory Committee of such agency
reflect the diversity of covered minority institutions.
(d) Meetings.--
(1) In general.--Each Minority Depositories Advisory
Committee shall meet not less frequently than twice
each year.
(2) Notice and invitations.--Each Minority
Depositories Advisory Committee shall--
(A) notify the Committee on Financial
Services of the House of Representatives and
the Committee on Banking, Housing, and Urban
Affairs of the Senate in advance of each
meeting of the Minority Depositories Advisory
Committee; and
(B) invite the attendance at each meeting of
the Minority Depositories Advisory Committee
of--
(i) one member of the majority party
and one member of the minority party of
the Committee on Financial Services of
the House of Representatives and the
Committee on Banking, Housing, and
Urban Affairs of the Senate; and
(ii) one member of the majority party
and one member of the minority party of
any relevant subcommittees of such
committees.
(e) No Termination of Advisory Committees.--The termination
requirements under section 14 of the Federal Advisory Committee
Act (5 U.S.C. app.) shall not apply to a Minority Depositories
Advisory Committee established pursuant to this section.
(f) Definitions.--In this section:
(1) Covered regulator.--The term ``covered
regulator'' means the Comptroller of the Currency, the
Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, and the National
Credit Union Administration.
(2) Covered minority institution.--The term ``covered
minority institution'' means a minority depository
institution (as defined in section 308(b) of the
Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note)).
(3) Depository institution.--The term ``depository
institution'' has the meaning given under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813).
(4) Insured credit union.--The term ``insured credit
union'' has the meaning given in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752).
(g) Technical Amendment.--Section 308(b) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1463 note) is amended by adding at the end the following
new paragraph:
``(3) Depository institution.--The term `depository
institution' means an `insured depository institution'
(as defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813)) and an insured credit
union (as defined in section 101 of the Federal Credit
Union Act (12 U.S.C. 1752)).''.
SEC. 5937. FEDERAL DEPOSITS IN MINORITY DEPOSITORY INSTITUTIONS.
(a) In General.--Section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note) is amended--
(1) by adding at the end the following new
subsection:
``(d) Federal Deposits.--The Secretary of the Treasury shall
ensure that deposits made by Federal agencies in minority
depository institutions and impact banks are collateralized or
insured, as determined by the Secretary. Such deposits shall
include reciprocal deposits as defined in section
337.6(e)(2)(v) of title 12, Code of Federal Regulations (as in
effect on March 6, 2019).''; and
(2) in subsection (b), as amended by section 6(g), by
adding at the end the following new paragraph:
``(4) Impact bank.--The term `impact bank' means a
depository institution designated by the appropriate
Federal banking agency pursuant to section 5935 of the
Ensuring Diversity in Community Banking Act.''.
(b) Technical Amendments.--Section 308 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1463 note) is amended--
(1) in the matter preceding paragraph (1), by
striking ``section--'' and inserting ``section:''; and
(2) in the paragraph heading for paragraph (1), by
striking ``financial'' and inserting ``depository''.
SEC. 5938. MINORITY BANK DEPOSIT PROGRAM.
(a) In General.--Section 1204 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811
note) is amended to read as follows:
``SEC. 1204. EXPANSION OF USE OF MINORITY DEPOSITORY INSTITUTIONS.
``(a) Minority Bank Deposit Program.--
``(1) Establishment.--There is established a program
to be known as the `Minority Bank Deposit Program' to
expand the use of minority depository institutions.
``(2) Administration.--The Secretary of the Treasury,
acting through the Fiscal Service, shall--
``(A) on application by a depository
institution or credit union, certify whether
such depository institution or credit union is
a minority depository institution;
``(B) maintain and publish a list of all
depository institutions and credit unions that
have been certified pursuant to subparagraph
(A); and
``(C) periodically distribute the list
described in subparagraph (B) to--
``(i) all Federal departments and
agencies;
``(ii) interested State and local
governments; and
``(iii) interested private sector
companies.
``(3) Inclusion of certain entities on list.--A
depository institution or credit union that, on the
date of the enactment of this section, has a current
certification from the Secretary of the Treasury
stating that such depository institution or credit
union is a minority depository institution shall be
included on the list described under paragraph (2)(B).
``(b) Expanded Use Among Federal Departments and Agencies.--
``(1) In general.--Not later than 1 year after the
establishment of the program described in subsection
(a), the head of each Federal department or agency
shall develop and implement standards and procedures to
prioritize, to the maximum extent possible as permitted
by law and consistent with principles of sound
financial management, the use of minority depository
institutions to hold the deposits of each such
department or agency.
``(2) Report to congress.--Not later than 2 years
after the establishment of the program described in
subsection (a), and annually thereafter, the head of
each Federal department or agency shall submit to
Congress a report on the actions taken to increase the
use of minority depository institutions to hold the
deposits of each such department or agency.
``(c) Definitions.--For purposes of this section:
``(1) Credit union.--The term `credit union' has the
meaning given the term `insured credit union' in
section 101 of the Federal Credit Union Act (12 U.S.C.
1752).
``(2) Depository institution.--The term `depository
institution' has the meaning given in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813).
``(3) Minority depository institution.--The term
`minority depository institution' has the meaning given
that term under section 308 of this Act.''.
(b) Conforming Amendments.--The following provisions are
amended by striking ``1204(c)(3)'' and inserting ``1204(c)'':
(1) Section 808(b)(3) of the Community Reinvestment
Act of 1977 (12 U.S.C. 2907(b)(3)).
(2) Section 40(g)(1)(B) of the Federal Deposit
Insurance Act (12 U.S.C. 1831q(g)(1)(B)).
(3) Section 704B(h)(4) of the Equal Credit
Opportunity Act (15 U.S.C. 1691c-2(h)(4)).
SEC. 5939. DIVERSITY REPORT AND BEST PRACTICES.
(a) Annual Report.--Each covered regulator shall submit to
Congress an annual report on diversity including the following:
(1) Data, based on voluntary self-identification, on
the racial, ethnic, and gender composition of the
examiners of each covered regulator, disaggregated by
length of time served as an examiner.
(2) The status of any examiners of covered
regulators, based on voluntary self-identification, as
a veteran.
(3) Whether any covered regulator, as of the date on
which the report required under this section is
submitted, has adopted a policy, plan, or strategy to
promote racial, ethnic, and gender diversity among
examiners of the covered regulator.
(4) Whether any special training is developed and
provided for examiners related specifically to working
with depository institutions and credit unions that
serve communities that are predominantly minorities,
low income, or rural, and the key focus of such
training.
(b) Best Practices.--Each Office of Minority and Women
Inclusion of a covered regulator shall develop, provide to the
head of the covered regulator, and make publicly available best
practices--
(1) for increasing the diversity of candidates
applying for examiner positions, including through
outreach efforts to recruit diverse candidate to apply
for entry-level examiner positions; and
(2) for retaining and providing fair consideration
for promotions within the examiner staff for purposes
of achieving diversity among examiners.
(c) Covered Regulator Defined.--In this section, the term
``covered regulator'' means the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, and the National Credit
Union Administration.
SEC. 5940. INVESTMENTS IN MINORITY DEPOSITORY INSTITUTIONS AND IMPACT
BANKS.
(a) Control for Certain Institutions.--Section 7(j)(8)(B) of
the Federal Deposit Insurance Act (12 U.S.C. 1817(j)(8)(B)) is
amended to read as follows:
``(B) `control' means the power, directly or
indirectly--
``(i) to direct the management or policies of
an insured depository institution; or
``(ii)(I) with respect to an insured
depository institution, of a person to vote 25
per centum or more of any class of voting
securities of such institution; or
``(II) with respect to an insured depository
institution that is an impact bank (as
designated pursuant to section 5935 of the
Ensuring Diversity in Community Banking Act) or
a minority depository institution (as defined
in section 308(b) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989),
of an individual to vote 30 percent or more of
any class of voting securities of such an
impact bank or a minority depository
institution.''.
(b) Rulemaking.--The Federal banking agencies (as defined in
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813)) shall jointly issue rules for de novo minority
depository institutions and de novo impact banks (as designated
pursuant to section 5935) to allow 3 years to meet the capital
requirements otherwise applicable to minority depository
institutions and impact banks.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Federal banking agencies shall
jointly submit to Congress a report on--
(1) the principal causes for the low number of de
novo minority depository institutions during the 10-
year period preceding the date of the report;
(2) the main challenges to the creation of de novo
minority depository institutions and de novo impact
banks; and
(3) regulatory and legislative considerations to
promote the establishment of de novo minority
depository institutions and de novo impact banks.
SEC. 5941. REPORT ON COVERED MENTOR-PROTEGE PROGRAMS.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary of
the Treasury shall submit to Congress a report on participants
in a covered mentor-protege program, including--
(1) an analysis of outcomes of such program;
(2) the number of minority depository institutions
that are eligible to participate in such program but do
not have large financial institution mentors; and
(3) recommendations for how to match such minority
depository institutions with large financial
institution mentors.
(b) Definitions.--In this section:
(1) Covered mentor-protege program.--The term
``covered mentor-protege program'' means a mentor-
protege program established by the Secretary of the
Treasury pursuant to section 45 of the Small Business
Act (15 U.S.C. 657r).
(2) Large financial institution.--The term ``large
financial institution'' means any entity--
(A) regulated by the Comptroller of the
Currency, the Board of Governors of the Federal
Reserve System, the Federal Deposit Insurance
Corporation, or the National Credit Union
Administration; and
(B) that has total consolidated assets
greater than or equal to $50,000,000,000.
SEC. 5942. CUSTODIAL DEPOSIT PROGRAM FOR COVERED MINORITY DEPOSITORY
INSTITUTIONS AND IMPACT BANKS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Treasury shall
issue rules establishing a custodial deposit program under
which a covered bank may receive deposits from a qualifying
account.
(b) Requirements.--In issuing rules under subsection (a), the
Secretary of the Treasury shall--
(1) consult with the Federal banking agencies;
(2) ensure each covered bank participating in the
program established under this section--
(A) has appropriate policies relating to
management of assets, including measures to
ensure the safety and soundness of each such
covered bank; and
(B) is compliant with applicable law; and
(3) ensure, to the extent practicable that the rules
do not conflict with goals described in section 308(a)
of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1463 note).
(c) Limitations.--
(1) Deposits.--With respect to the funds of an
individual qualifying account, an entity may not
deposit an amount greater than the insured amount in a
single covered bank.
(2) Total deposits.--The total amount of funds
deposited in a covered bank under the custodial deposit
program described under this section may not exceed the
lesser of--
(A) 10 percent of the average amount of
deposits held by such covered bank in the
previous quarter; or
(B) $100,000,000 (as adjusted for inflation).
(d) Report.--Each quarter, the Secretary of the Treasury
shall submit to Congress a report on the implementation of the
program established under this section including information
identifying participating covered banks and the total amount of
deposits received by covered banks under the program, including
breakdowns by each State (including the District of Columbia
and each territory of the United States) and Tribal government
entity.
(e) Definitions.--In this section:
(1) Covered bank.--The term ``covered bank'' means--
(A) a minority depository institution that is
well capitalized, as defined by the appropriate
Federal banking agency; or
(B) a depository institution designated
pursuant to section 4935 that is well
capitalized, as defined by the appropriate
Federal banking agency.
(2) Insured amount.--The term ``insured amount''
means the amount that is the greater of--
(A) the standard maximum deposit insurance
amount (as defined in section 11(a)(1)(E) of
the Federal Deposit Insurance Act (12 U.S.C.
1821(a)(1)(E))); or
(B) such higher amount negotiated between the
Secretary of the Treasury and the Federal
Deposit Insurance Corporation under which the
Corporation will insure all deposits of such
higher amount.
(3) Federal banking agencies.--The terms
``appropriate Federal banking agency'' and ``Federal
banking agencies'' have the meaning given those terms,
respectively, under section 3 of the Federal Deposit
Insurance Act.
(4) Qualifying account.--The term ``qualifying
account'' means any account established in the
Department of the Treasury that--
(A) is controlled by the Secretary; and
(B) is expected to maintain a balance greater
than $200,000,000 for the following 24-month
period.
SEC. 5943. STREAMLINED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION
APPLICATIONS AND REPORTING.
(a) Application Processes.--Not later than 12 months after
the date of the enactment of this Act and with respect to any
person having assets under $3,000,000,000 that submits an
application for deposit insurance with the Federal Deposit
Insurance Corporation that could also become a community
development financial institution, the Federal Deposit
Insurance Corporation, in consultation with the Administrator
of the Community Development Financial Institutions Fund,
shall--
(1) develop systems and procedures to record
necessary information to allow the Administrator to
conduct preliminary analysis for such person to also
become a community development financial institution;
and
(2) develop procedures to streamline the application
and annual certification processes and to reduce costs
for such person to become, and maintain certification
as, a community development financial institution.
(b) Implementation Report.--Not later than 18 months after
the date of the enactment of this Act, the Federal Deposit
Insurance Corporation shall submit to Congress a report
describing the systems and procedures required under subsection
(a).
(c) Annual Report.--
(1) In general.--Section 17(a)(1) of the Federal
Deposit Insurance Act (12 U.S.C. 1827(a)(1)) is
amended--
(A) in subparagraph (E), by striking ``and''
at the end;
(B) by redesignating subparagraph (F) as
subparagraph (G);
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) applicants for deposit insurance that
could also become a community development
financial institution (as defined in section
103 of the Riegle Community Development and
Regulatory Improvement Act of 1994), a minority
depository institution (as defined in section
308 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989), or an
impact bank (as designated pursuant to section
5935 of the Ensuring Diversity in Community
Banking Act); and''.
(2) Application.--The amendment made by this
subsection shall apply with respect to the first report
to be submitted after the date that is 2 years after
the date of the enactment of this Act.
SEC. 5944. TASK FORCE ON LENDING TO SMALL BUSINESS CONCERNS.
(a) In General.--Not later than 6 months after the date of
the enactment of this Act, the Administrator of the Small
Business Administration shall establish a task force to examine
methods for improving relationships between the Small Business
Administration and community development financial
institutions, minority depository institutions, and impact
banks (as designated pursuant to section 5935) to increase the
volume of loans provided by such institutions to small business
concerns (as defined under section 3 of the Small Business Act
(15 U.S.C. 632)).
(b) Report to Congress.--Not later than 18 months after the
establishment of the task force described in subsection (a),
the Administrator of the Small Business Administration shall
submit to Congress a report on the findings of such task force.
SEC. 5945. DISCRETIONARY SURPLUS FUND.
(a) In General.--Subparagraph (A) of section 7(a)(3) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by
reducing the dollar figure described in such subparagraph by
$1,920,000,000.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on September 30, 2022.
Subtitle D--Expanding Opportunity for Minority Depository Institutions
SEC. 5951. ESTABLISHMENT OF FINANCIAL AGENT MENTOR-PROTEGE PROGRAM.
(a) In General.--Section 308 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
note) is amended by adding at the end the following new
subsection:
``(d) Financial Agent Mentor-Protege Program.--
``(1) In general.--The Secretary of the Treasury
shall establish a program to be known as the `Financial
Agent Mentor-Protege Program' (in this subsection
referred to as the `Program') under which a financial
agent designated by the Secretary or a large financial
institution may serve as a mentor, under guidance or
regulations prescribed by the Secretary, to a small
financial institution to allow such small financial
institution--
``(A) to be prepared to perform as a
financial agent; or
``(B) to improve capacity to provide services
to the customers of the small financial
institution.
``(2) Outreach.--The Secretary shall hold outreach
events to promote the participation of financial
agents, large financial institutions, and small
financial institutions in the Program at least once a
year.
``(3) Exclusion.--The Secretary shall issue guidance
or regulations to establish a process under which a
financial agent, large financial institution, or small
financial institution may be excluded from
participation in the Program.
``(4) Report.--The Office of Minority and Women
Inclusion of the Department of the Treasury shall
include in the report submitted to Congress under
section 342(e) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act information pertaining to the
Program, including--
``(A) the number of financial agents, large
financial institutions, and small financial
institutions participating in such Program,
including breakdowns by each State (including
the District of Columbia and each territory of
the United States), Tribal government entity,
and congressional district; and
``(B) the number of outreach events described
in paragraph (2) held during the year covered
by such report.
``(5) Definitions.--In this subsection:
``(A) Financial agent.--The term `financial
agent' means any national banking association
designated by the Secretary of the Treasury to
be employed as a financial agent of the
Government.
``(B) Large financial institution.--The term
`large financial institution' means any entity
regulated by the Comptroller of the Currency,
the Board of Governors of the Federal Reserve
System, the Federal Deposit Insurance
Corporation, or the National Credit Union
Administration that has total consolidated
assets greater than or equal to
$50,000,000,000.
``(C) Small financial institution.--The term
`small financial institution' means--
``(i) any entity regulated by the
Comptroller of the Currency, the Board
of Governors of the Federal Reserve
System, the Federal Deposit Insurance
Corporation, or the National Credit
Union Administration that has total
consolidated assets lesser than or
equal to $2,000,000,000; or
``(ii) a minority depository
institution.''.
(b) Effective Date.--This section and the amendments made by
this section shall take effect 90 days after the date of the
enactment of this Act.
Subtitle E--CDFI Bond Guarantee Program Improvement
SEC. 5961. SENSE OF CONGRESS.
It is the sense of Congress that the authority to guarantee
bonds under section 114A of the Community Development Banking
and Financial Institutions Act of 1994 (12 U.S.C. 4713a)
(commonly referred to as the ``CDFI Bond Guarantee Program'')
provides community development financial institutions with a
sustainable source of long-term capital and furthers the
mission of the Community Development Financial Institutions
Fund (established under section 104(a) of such Act (12 U.S.C.
4703(a)) to increase economic opportunity and promote community
development investments for underserved populations and
distressed communities in the United States.
SEC. 5962. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR
ECONOMIC DEVELOPMENT PURPOSES.
Section 114A of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4713a) is
amended--
(1) in subsection (c)(2), by striking ``, multiplied
by an amount equal to the outstanding principal balance
of issued notes or bonds'';
(2) in subsection (e)(2)(B), by striking
``$100,000,000'' and inserting ``$25,000,000''; and
(3) in subsection (k), by striking ``September 30,
2014'' and inserting ``the date that is 4 years after
the date of enactment of the Promoting and Advancing
Communities of Color Through Inclusive Lending Act''.
SEC. 5963. REPORT ON THE CDFI BOND GUARANTEE PROGRAM.
Not later than 1 year after the date of enactment of this
Act, and not later than 3 years after such date of enactment,
the Secretary of the Treasury shall issue a report to the
Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the
Senate on the effectiveness of the CDFI bond guarantee program
established under section 114A of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C.
4713a).
----------
418. An Amendment To Be Offered by Representative Waters of California
or Her Designee, Debatable for 10 Minutes
Page 1262, after line 23, insert the following:
SEC. ___. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN
DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding
at the end the following:
``SEC. 1632. UNITED STATES POLICY ON WORLD BANK GROUP AND ASIAN
DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE'S
REPUBLIC OF CHINA.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
international financial institution of the World Bank Group and
at the Asian Development Bank to use the voice and vote of the
United States at the respective institution to vote against the
provision of any loan, extension of financial assistance, or
technical assistance to the People's Republic of China unless
the Secretary of the Treasury has certified to the appropriate
congressional committees that--
``(1) the Government of the People's Republic of
China and any lender owned or controlled by the
Government of the People's Republic of China have
demonstrated a commitment--
``(A) to the rules and principles of the
Paris Club, or of other similar coordinated
multilateral initiatives on debt relief and
debt restructuring in which the United States
participates, including with respect to debt
transparency and appropriate burden-sharing
among all creditors;
``(B) to the practice of presumptive public
disclosure of the terms and conditions on which
they extend credit to other governments
(without regard to the form of any such
extension of credit);
``(C) not to enforce any agreement terms that
may impair their own or the borrowers' capacity
fully to implement any commitment described in
subparagraph (A) or (B); and
``(D) not to enter into any agreement
containing terms that may impair their own or
the borrowers' capacity fully to implement any
commitment described in subparagraph (A) or
(B); or
``(2) the loan or assistance is important to the
national interest of the United States, as described in
a detailed explanation by the Secretary to accompany
the certification.
``(b) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the
Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
``(2) World bank group defined.--The term `World Bank
Group' means the International Bank for Reconstruction
and Development, the International Development
Association, the International Finance Corporation, and
the Multilateral Investment Guarantee Agency.''.
(b) Sunset.--The amendment made by subsection (a) is repealed
effective on the date that is 7 years after the effective date
of this section.
----------
419. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
At the end of title LIII of division E, add the following:
SEC. 5306. SECRETARY OF AGRICULTURE REPORT ON IMPROVING SUPPLY CHAIN
SHORTFALLS AND INFRASTRUCTURE NEEDS AT WHOLESALE
PRODUCE MARKETS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Agriculture shall
submit to the appropriate congressional committees a report
on--
(1) the 5 largest wholesale produce markets by annual
sales and volume over the preceding 4 calendar years;
and
(2) a representative sample of 8 wholesale produce
markets that are not among the largest wholesale
produce markets.
(b) Contents.--The report under subsection (a) shall contain
the following:
(1) An analysis of the supply chain shortfalls in
each wholesale produce market identified under
subsection (a), which shall include an analysis of the
following:
(A) State of repair of infrastructure,
including roads, food storage units, and
refueling stations.
(B) Sustainability infrastructure, including
the following:
(i) Carbon emission reduction
technology.
(ii) On-site green refueling
stations.
(iii) Disaster preparedness.
(C) Disaster preparedness, including with
respect to cyber attacks, weather events, and
terrorist attacks.
(D) Disaster recovery systems, including
coordination with State and Federal agencies.
(2) A description of any actions the Secretary
recommends be taken as a result of the analysis under
paragraph (1).
(3) Recommendations, as appropriate, for wholesale
produce market owners and operators, and State and
local entities to improve the supply chain shortfalls
identified under paragraph (1).
(4) Proposals, as appropriate, for legislative
actions and funding needed to improve the supply chain
shortfalls.
(c) Consultation.--In completing the report under subsection
(a), the Secretary of Agriculture shall consult with the
Secretary of Transportation, the Secretary of Homeland
Security, wholesale produce market owners and operators, State
and local entities, and other agencies or stakeholders, as
determined appropriate by the Secretary.
(d) Appropriate Congressional Committees.--For the purposes
of this section, the term ``appropriate congressional
committees'' means the Committee on Agriculture, the Committee
on Homeland Security, and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Technology, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate.
----------
420. An Amendment To Be Offered by Representative Thompson of
Mississippi or His Designee, Debatable for 10 Minutes
Add at the end of division E the following:
TITLE LIX--HOMELAND SECURITY PROVISIONS
Subtitle A--Strengthening Security of Our Communities
SEC. 59101. NONPROFIT SECURITY GRANT PROGRAM IMPROVEMENT.
(a) In General.--Section 2009 of the Homeland Security Act of
2002 (6 U.S.C. 609a) is amended--
(1) in subsection (a), by inserting ``and threats''
before the period at the end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``this subsection (a)'' and inserting
``this subsection''; and
(B) by amending paragraph (2) to read as
follows:
``(2) determined by the Secretary to be at risk of
terrorist attacks and threats.'';
(3) in subsection (c)--
(A) by redesignating paragraphs (1), (2), and
(3) as subparagraphs (A), (B), and (E),
respectively, and moving such subparagraphs, as
so redesignated, two ems to the right;
(B) in the matter preceding subparagraph (A),
as so redesignated, by striking ``The
recipient'' and inserting the following:
``(1) In general.--The recipient'';
(C) in subparagraph (A), as so redesignated,
by striking ``equipment and inspection and
screening systems'' and inserting ``equipment,
inspection and screening systems, and
alteration or remodeling of existing buildings
or physical facilities'';
(D) by inserting after subparagraph (B), as
so redesignated, the following new
subparagraphs:
``(C) Facility security personnel costs,
including costs associated with contracted
security.
``(D) Expenses directly related to the
administration of the grant, except that such
expenses may not exceed five percent of the
amount of the grant.''; and
(E) by adding at the end the following new
paragraph:
``(2) Retention.--Each State through which a
recipient receives a grant under this section may
retain up to five percent of each grant for expenses
directly related to the administration of the grant.'';
(4) in subsection (e)--
(A) by striking ``2020 through 2024'' and
inserting ``2022 through 2028''; and
(B) by adding at the end the following new
sentence: ``Each such report shall also include
information on the number of applications
submitted by eligible nonprofit organizations
to each State, the number of applications
submitted by each State to the Administrator,
and the operations of the Nonprofit Security
Grant Program Office, including staffing
resources and efforts with respect to
subparagraphs (A) through (E) of subsection
(c)(1).'';
(5) by redesignating subsection (f) as subsection
(j);
(6) by inserting after subsection (e) the following
new subsections:
``(f) Administration.--Not later than 120 days after the date
of the enactment of this subsection, the Administrator shall
establish within the Federal Emergency Management Agency a
program office for the Program (in this section referred to as
the `program office'). The program office shall be headed by a
senior official of the Agency. The Administrator shall
administer the Program (including, where appropriate, in
coordination with States), including relating to the following:
``(1) Outreach, engagement, education, and technical
assistance and support to eligible nonprofit
organizations described in subsection (b), with
particular attention to such organizations in
underserved communities, prior to, during, and after
the awarding of grants, including web-based training
videos for eligible nonprofit organizations that
provide guidance on preparing an application and the
environmental planning and historic preservation
process.
``(2) Establishment of mechanisms to ensure program
office processes are conducted in accordance with
constitutional, statutory, regulatory, and other legal
and agency policy requirements that protect civil
rights and civil liberties and, to the maximum extent
practicable, advance equity for members of underserved
communities.
``(3) Establishment of mechanisms for the
Administrator to provide feedback to eligible nonprofit
organizations that do not receive grants.
``(4) Establishment of mechanisms to collect data to
measure the effectiveness of grants under the Program.
``(5) Establishment and enforcement of standardized
baseline operational requirements for States, including
requirements for States to eliminate or prevent any
administrative or operational obstacles that may impact
eligible nonprofit organizations described in
subsection (b) from receiving grants under the Program.
``(6) Carrying out efforts to prevent waste, fraud,
and abuse, including through audits of grantees.
``(g) Grant Guidelines.--For each fiscal year, prior to
awarding grants under this section, the Administrator--
``(1) shall publish guidelines, including a notice of
funding opportunity or similar announcement, as the
Administrator determines appropriate; and
``(2) may prohibit States from closing application
processes prior to the publication of such guidelines.
``(h) Allocation Requirements.--
``(1) In general.--In awarding grants under this
section, the Administrator shall ensure that--
``(A) 50 percent of amounts appropriated
pursuant to the authorization of appropriations
under subsection (k) is provided to eligible
recipients located in high-risk urban areas
that receive funding under section 2003 in the
current fiscal year or received such funding in
any of the preceding ten fiscal years,
inclusive of any amounts States may retain
pursuant to paragraph (2) of subsection (c);
and
``(B) 50 percent of amounts appropriated
pursuant to the authorizations of
appropriations under subsection (k) is provided
to eligible recipients located in jurisdictions
not receiving funding under section 2003 in the
current fiscal year or have not received such
funding in any of the preceding ten fiscal
years, inclusive of any amounts States may
retain pursuant to paragraph (2) of subsection
(c).
``(2) Exception.--Notwithstanding paragraph (1), the
Administrator may allocate a different percentage if
the Administrator does not receive a sufficient number
of applications from eligible recipients to meet the
allocation percentages described in either subparagraph
(A) or (B) of such paragraph. If the Administrator
exercises the authorization under this paragraph, the
Administrator shall, not later than 30 days after such
exercise, report to the Committee on Homeland Security
of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the
Senate regarding such exercise.
``(i) Paperwork Reduction Act.--Chapter 35 of title 44,
United States Code (commonly known as the `Paperwork Reduction
Act'), shall not apply to any changes to the application
materials, Program forms, or other core Program documentation
intended to enhance participation by eligible nonprofit
organizations in the Program.'';
(7) in subsection (j), as so redesignated--
(A) in paragraph (1), by striking ``$75
million for each of fiscal years 2020 through
2024'' and inserting ``$75,000,000 for fiscal
year 2023 and $500,000,000 for each of fiscal
years 2024 through 2028''; and
(B) by amending paragraph (2) to read as
follows:
``(2) Operations and maintenance.--Of the amounts
authorized to be appropriated pursuant to paragraph
(1), not more than five percent is authorized--
``(A) to operate the program office; and
``(B) for other costs associated with the
management, administration, and evaluation of
the Program.''; and
(8) by adding at the end the following new
subsection:
``(k) Treatment.--Nonprofit organizations determined by the
Secretary to be at risk of extremist attacks other than
terrorist attacks and threats under subsection (a) are deemed
to satisfy the conditions specified in subsection (b) if
protecting such organizations against such other extremist
attacks would help protect such organizations against such
terrorist attacks and threats.''.
(b) Plan.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a plan for the administration of the program office for
the Nonprofit Security Grant Program established under
subsection (f) of section 2009 of the Homeland Security Act
2002 (6 U.S.C. 609a), as amended by subsection (a), including a
staffing plan for such program office.
(c) Conforming Amendment.--Section 2008 of the Homeland
Security Act of 2002 (6 U.S.C. 609) is amended--
(1) in subsection (c) by striking ``sections 2003 and
2004'' and inserting ``sections 2003, 2004, and 2009'';
and
(2) in subsection (e), by striking ``section 2003 or
2004'' and inserting ``sections 2003, 2004, or 2009''.
SEC. 59102. NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION.
(a) In General.--Section 822 of the Homeland Security Act of
2002 (6 U.S.C. 383) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking
``In General'' and inserting ``In General;
Mission'';
(B) by striking ``2022'' and inserting
``2032''; and
(C) by striking the second sentence and
inserting ``The Institute's mission shall be to
educate, train, and equip State, local,
territorial, and Tribal law enforcement
officers, prosecutors, judges, participants in
the United States Secret Service's network of
cyber fraud task forces, and other appropriate
individuals regarding the investigation and
prevention of cybersecurity incidents,
electronic crimes, and related cybersecurity
threats, including through the dissemination of
homeland security information, in accordance
with relevant Department guidance regarding
privacy, civil rights, and civil liberties
protections.'';
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by striking subsection (b) and inserting the
following new subsections:
``(b) Curriculum.--In furtherance of subsection (a), all
education and training of the Institute shall be conducted in
accordance with relevant Federal law and policy regarding
privacy, civil rights, and civil liberties protections,
including best practices for safeguarding data privacy and fair
information practice principles. Education and training
provided pursuant to subsection (a) shall relate to the
following:
``(1) Investigating and preventing cybersecurity
incidents, electronic crimes, and related cybersecurity
threats, including relating to instances involving
illicit use of digital assets and emerging trends in
cybersecurity and electronic crime.
``(2) Conducting forensic examinations of computers,
mobile devices, and other information systems.
``(3) Prosecutorial and judicial considerations
related to cybersecurity incidents, electronic crimes,
related cybersecurity threats, and forensic
examinations of computers, mobile devices, and other
information systems.
``(4) Methods to obtain, process, store, and admit
digital evidence in court.
``(c) Research and Development.--In furtherance of subsection
(a), the Institute shall research, develop, and share
information relating to investigating cybersecurity incidents,
electronic crimes, and related cybersecurity threats that
prioritize best practices for forensic examinations of
computers, mobile devices, and other information systems. Such
information may include training on methods to investigate
ransomware and other threats involving the use of digital
assets.'';
(4) in subsection (d), as so redesignated--
(A) by striking ``cyber and electronic crime
and related threats is shared with State,
local, tribal, and territorial law enforcement
officers and prosecutors'' and inserting
``cybersecurity incidents, electronic crimes,
and related cybersecurity threats is shared
with recipients of education and training
provided pursuant to subsection (a)''; and
(B) by adding at the end the following new
sentence: ``The Institute shall prioritize
providing education and training to individuals
from geographically-diverse jurisdictions
throughout the United States.'';
(5) in subsection (e), as so redesignated--
(A) by striking ``State, local, tribal, and
territorial law enforcement officers'' and
inserting ``recipients of education and
training provided pursuant to subsection (a)'';
and
(B) by striking ``necessary to conduct cyber
and electronic crime and related threat
investigations and computer and mobile device
forensic examinations'' and inserting ``for
investigating and preventing cybersecurity
incidents, electronic crimes, related
cybersecurity threats, and for forensic
examinations of computers, mobile devices, and
other information systems'';
(6) in subsection (f), as so redesignated--
(A) by amending the heading to read as
follows: ``Cyber Fraud Task Forces'';
(B) by striking ``Electronic Crime'' and
inserting ``Cyber Fraud'';
(C) by striking ``State, local, tribal, and
territorial law enforcement officers'' and
inserting ``recipients of education and
training provided pursuant to subsection (a)'';
and
(D) by striking ``at'' and inserting ``by'';
(7) by redesignating subsection (g), as redesignated
pursuant to paragraph (2), as subsection (j); and
(8) by inserting after subsection (f), as so
redesignated, the following new subsections:
``(g) Expenses.--The Director of the United States Secret
Service may pay for all or a part of the education, training,
or equipment provided by the Institute, including relating to
the travel, transportation, and subsistence expenses of
recipients of education and training provided pursuant to
subsection (a).
``(h) Annual Reports to Congress.--The Secretary shall
include in the annual report required pursuant to section 1116
of title 31, United States Code, information regarding the
activities of the Institute, including relating to the
following:
``(1) Activities of the Institute, including, where
possible, an identification of jurisdictions with
recipients of education and training provided pursuant
to subsection (a) of this section during such year and
information relating to the costs associated with such
education and training.
``(2) Any information regarding projected future
demand for such education and training.
``(3) Impacts of the Institute's activities on
jurisdictions' capability to investigate and prevent
cybersecurity incidents, electronic crimes, and related
cybersecurity threats.
``(4) A description of the nomination process for
State, local, territorial, and Tribal law enforcement
officers, prosecutors, judges, participants in the
United States Secret Service's network of cyber fraud
task forces, and other appropriate individuals to
receive the education and training provided pursuant to
subsection (a).
``(5) Any other issues determined relevant by the
Secretary.
``(i) Definitions.--In this section--
``(1) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N
of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501))
``(2) Incident.--The term `incident' has the meaning
given such term in section 2209(a).
``(3) Information system.--The term `information
system' has the meaning given such term in section 102
of the Cybersecurity Act of 2015 (enacted as division N
of the Consolidated Appropriations Act, 2016 (Public
Law 114-113; 6 U.S.C. 1501(9))).''.
(b) Guidance From the Privacy Officer and Civil Rights and
Civil Liberties Officer.--The Privacy Officer and the Officer
for Civil Rights and Civil Liberties of the Department of
Homeland Security shall provide guidance, upon the request of
the Director of the United States Secret Service, regarding the
functions specified in subsection (b) of section 822 of the
Homeland Security Act of 2002 (6 U.S.C. 383), as amended by
subsection (a).
(c) Template for Information Collection From Participating
Jurisdictions.--Not later than 180 days after the date of the
enactment of this Act, the Director of the United States Secret
Service shall develop and disseminate to jurisdictions that are
recipients of education and training provided by the National
Computer Forensics Institute pursuant to subsection (a) of
section 822 of the Homeland Security Act of 2002 (6 U.S.C.
383), as amended by subsection (a), a template to permit each
such jurisdiction to submit to the Director reports on the
impacts on such jurisdiction of such education and training,
including information on the number of digital forensics exams
conducted annually. The Director shall, as appropriate, revise
such template and disseminate to jurisdictions described in
this subsection any such revised templates.
(d) Requirements Analysis.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Director of the
United States Secret Service shall carry out a
requirements analysis of approaches to expand capacity
of the National Computer Forensics Institute to carry
out the Institute's mission as set forth in subsection
(a) of section 822 of the Homeland Security Act of 2002
(6 U.S.C. 383), as amended by subsection (a).
(2) Submission.--Not later than 90 days after
completing the requirements analysis under paragraph
(1), the Director of the United States Secret Service
shall submit to Congress such analysis, together with a
plan to expand the capacity of the National Computer
Forensics Institute to provide education and training
described in such subsection. Such analysis and plan
shall consider the following:
(A) Expanding the physical operations of the
Institute.
(B) Expanding the availability of virtual
education and training to all or a subset of
potential recipients of education and training
from the Institute.
(C) Some combination of the considerations
set forth in subparagraphs (A) and (B).
(e) Research and Development.--The Director of the United
States Secret Service may coordinate with the Under Secretary
for Science and Technology of the Department of Homeland
Security to carry out research and development of systems and
procedures to enhance the National Computer Forensics
Institute's capabilities and capacity to carry out the
Institute's mission as set forth in subsection (a) of section
822 of the Homeland Security Act of 2002 (6 U.S.C. 383), as
amended by subsection (a).
SEC. 59103. HOMELAND SECURITY CAPABILITIES PRESERVATION.
(a) Plan.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Homeland Security, acting through the Administrator of
the Federal Emergency Management Agency, shall submit
to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a plan, informed
by the survey information collected pursuant to
subsection (b), to make Federal assistance available
for at least three consecutive fiscal years to certain
urban areas that in the current fiscal year did not
receive grant funding under the Urban Area Security
Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604) and require continued
Federal assistance for the purpose of preserving a
homeland security capability related to preventing,
preparing for, protecting against, and responding to
acts of terrorism that had been developed or otherwise
supported through prior grant funding under such
Initiative and allow for such urban areas to transition
to such urban areas costs of preserving such homeland
security capabilities.
(2) Additional requirement.--The plan required under
paragraph (1) shall also contain a prohibition on an
urban area that in a fiscal year is eligible to receive
Federal assistance described in such paragraph from
also receiving grant funding under the Urban Area
Security Initiative under section 2003 of the Homeland
Security Act of 2002. In such a case, such plan shall
require such an urban area to promptly notify the
Administrator of the Federal Emergency Management
Agency regarding the preference of such urban area to
retain either--
(A) such eligibility for such Federal
assistance; or
(B) such receipt of such grant funding.
(b) Survey.--In developing the plan required under subsection
(a), the Administrator of the Federal Emergency Management
Agency, shall, to ascertain the scope of Federal assistance
required, survey urban areas that--
(1) did not receive grant funding under the Urban
Area Security Initiative under section 2003 of the
Homeland Security Act of 2002 in the current fiscal
year concerning homeland security capabilities related
to preventing, preparing for, protecting against, and
responding to acts of terrorism that had been developed
or otherwise supported through funding under such
Initiative that are at risk of being reduced or
eliminated without such Federal assistance;
(2) received such funding in the current fiscal year,
but did not receive such funding in at least one fiscal
year in the six fiscal years immediately preceding the
current fiscal year; and
(3) any other urban areas the Secretary determines
appropriate.
(c) Exemption.--The Secretary of Homeland Security may exempt
the Federal Emergency Management Agency from the requirements
of subchapter I of chapter 35 of title 44, United States Code
(commonly referred to as the ``Paperwork Reduction Act''), for
purposes of carrying out subsection (b) if the Secretary
determines that complying with such requirements would delay
the development of the plan required under subsection (a).
(d) Contents.--The plan required under subsection (a) shall--
(1) establish eligibility criteria for urban areas to
receive Federal assistance pursuant to such plan to
provide assistance for the purpose described in such
subsection;
(2) identify annual funding levels for such Federal
assistance in accordance with the survey required under
subsection (b); and
(3) consider a range of approaches to make such
Federal assistance available to such urban areas,
including--
(A) modifications to the Urban Area Security
Initiative under section 2003 of the Homeland
Security Act of 2002 in a manner that would not
affect the availability of funding to urban
areas under such Initiative;
(B) the establishment of a competitive grant
program;
(C) the establishment of a formula grant
program; and
(D) a timeline for the implementation of any
such approach and, if necessary, a legislative
proposal to authorize any such approach.
SEC. 59104. SCHOOL AND DAYCARE PROTECTION.
(a) In General.--Title VII of the Homeland Security Act of
2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the
following new section:
``SEC. 714. SCHOOL SECURITY COORDINATING COUNCIL.
``(a) Establishment.--There is established in the Department
a coordinating council to ensure that, to the maximum extent
practicable, activities, plans, and policies to enhance the
security of early childhood education programs, elementary
schools, high schools, and secondary schools against acts of
terrorism and other homeland security threats are coordinated.
``(b) Composition.--The members of the council established
pursuant to subsection (a) shall include the following:
``(1) The Under Secretary for Strategy, Policy, and
Plans.
``(2) The Director of the Cybersecurity and
Infrastructure Security.
``(3) The Administrator of the Federal Emergency
Management Agency.
``(4) The Director of the Secret Service.
``(5) The Executive Director of the Office of
Academic Engagement.
``(6) The Assistant Secretary for Public Affairs.
``(7) Any other official of the Department the
Secretary determines appropriate.
``(c) Leadership.--The Secretary shall designate a member of
the council to serve as chair of the council.
``(d) Resources.--The Secretary shall participate in Federal
efforts to maintain and publicize a clearinghouse of resources
available to early childhood education programs, elementary
schools, high schools, and secondary schools to enhance
security against acts of terrorism and other homeland security
threats.
``(e) Reports.--Not later than January 30, 2023, and annually
thereafter, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report regarding the following:
``(1) The Department's activities, plans, and
policies aimed at enhancing the security of early
childhood education programs, elementary schools, high
schools, and secondary schools against acts of
terrorism and other homeland security threats.
``(2) With respect to the immediately preceding year,
information on the following:
``(A) The council's activities during such
year.
``(B) The Department's contributions to
Federal efforts to maintain and publicize the
clearinghouse of resources referred to in
subsection (d) during such year.
``(3) Any metrics regarding the efficacy of such
activities and contributions, and any engagement with
stakeholders outside of the Federal Government.
``(f) Definitions.--In this section, the terms `early
childhood education program', `elementary school', `high
school', and `secondary school' have the meanings given such
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 713 the following
new item:
``Sec. 714. School security coordinating council.''.
SEC. 59105. REPORTING EFFICIENTLY TO PROPER OFFICIALS IN RESPONSE TO
TERRORISM.
(a) In General.--Whenever an act of terrorism occurs in the
United States, the Secretary of Homeland Security, the Attorney
General, the Director of the Federal Bureau of Investigation,
and, as appropriate, the head of the National Counterterrorism
Center, shall submit to the appropriate congressional
committees, by not later than one year after the completion of
the investigation concerning such act by the primary Government
agency conducting such investigation, an unclassified report
(which may be accompanied by a classified annex) concerning
such act.
(b) Content of Reports.--A report under this section shall--
(1) include a statement of the facts of the act of
terrorism referred to in subsection (a), as known at
the time of the report;
(2) identify any gaps in homeland or national
security that could be addressed to prevent future acts
of terrorism; and
(3) include any recommendations for additional
measures that could be taken to improve homeland or
national security, including recommendations relating
to potential changes in law enforcement practices or
changes in law, with particular attention to changes
that could help prevent future acts of terrorism.
(c) Exception.--
(1) In general.--If the Secretary of Homeland
Security, the Attorney General, the Director of the
Federal Bureau of Investigation, or, as appropriate,
the head of the National Counterterrorism Center
determines any information described in subsection (b)
required to be reported in accordance with subsection
(a) could jeopardize an ongoing investigation or
prosecution, the Secretary, Attorney General, Director,
or head, as the case may be--
(A) may withhold from reporting such
information; and
(B) shall notify the appropriate
congressional committees of such determination.
(2) Saving provision.--Withholding of information
pursuant to a determination under paragraph (1) shall
not affect in any manner the responsibility to submit a
report required under subsection (a) containing other
information described in subsection (b) not subject to
such determination.
(d) Definitions.--In this section:
(1) Act of terrorism.--The term ``act of terrorism''
has the meaning given such term in section 3077 of
title 18, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Committee on Homeland
Security;
(ii) the Committee on the Judiciary;
and
(iii) the Permanent Select Committee
on Intelligence; and
(B) in the Senate--
(i) the Committee on Homeland
Security and Governmental Affairs;
(ii) the Committee on the Judiciary;
and
(iii) the Select Committee on
Intelligence.
SEC. 59106. CYBERSECURITY GRANTS FOR SCHOOLS.
(a) In General.--Section 2220 of the Homeland Security Act of
2002 (6 U.S.C. 665f) is amended by adding at the end the
following new subsection:
``(e) Grants and Cooperative Agreements.--The Director may
award financial assistance in the form of grants or cooperative
agreements to States, local governments, institutions of higher
education (as such term is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)), nonprofit
organizations, and other non-Federal entities as determined
appropriate by the Director for the purpose of funding
cybersecurity and infrastructure security education and
training programs and initiatives to--
``(1) carry out the purposes of CETAP; and
``(2) enhance CETAP to address the national shortfall
of cybersecurity professionals.''.
(b) Briefings.--Paragraph (2) of subsection (c) of section
2220 of the Homeland Security Act of 2002 (6 U.S.C. 665f) is
amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E) respectively; and
(2) by inserting after subparagraph (B) the following
new subparagraph:
``(C) information on any grants or
cooperative agreements made pursuant to
subsection (e), including how any such grants
or cooperative agreements are being used to
enhance cybersecurity education for underserved
populations or communities;''.
Subtitle B--Enhancing DHS Acquisitions and Supply Chain
SEC. 59121. HOMELAND PROCUREMENT REFORM.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by
adding at the end the following new section:
``SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO NATIONAL
SECURITY INTERESTS.
``(a) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means
any of the following:
``(A) Footwear provided as part of a uniform.
``(B) Uniforms.
``(C) Holsters and tactical pouches.
``(D) Patches, insignia, and embellishments.
``(E) Chemical, biological, radiological, and
nuclear protective gear.
``(F) Body armor components intended to
provide ballistic protection for an individual,
consisting of 1 or more of the following:
``(i) Soft ballistic panels.
``(ii) Hard ballistic plates.
``(iii) Concealed armor carriers worn
under a uniform.
``(iv) External armor carriers worn
over a uniform.
``(G) Any other item of clothing or
protective equipment as determined appropriate
by the Secretary.
``(2) Frontline operational component.-- The term
`frontline operational component' means any of the
following organizations of the Department:
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs
Enforcement.
``(C) The United States Secret Service.
``(D) The Transportation Security
Administration.
``(E) The Coast Guard.
``(F) The Federal Protective Service.
``(G) The Federal Emergency Management
Agency.
``(H) The Federal Law Enforcement Training
Centers.
``(I) The Cybersecurity and Infrastructure
Security Agency.
``(b) Requirements.--
``(1) In general.--The Secretary shall ensure that
any procurement of a covered item for a frontline
operational component meets the following criteria:
``(A)(i) To the maximum extent possible, not
less than one-third of funds obligated in a
specific fiscal year for the procurement of
such covered items shall be covered items that
are manufactured or supplied in the United
States by entities that qualify as small
business concerns, as such term is described
under section 3 of the Small Business Act (15
U.S.C. 632).
``(ii) Covered items may only be supplied
pursuant to subparagraph (A) to the extent that
United States entities that qualify as small
business concerns--
``(I) are unable to manufacture
covered items in the United States; and
``(II) meet the criteria identified
in subparagraph (B).
``(B) Each contractor with respect to the
procurement of such a covered item, including
the end-item manufacturer of such a covered
item--
``(i) is an entity registered with
the System for Award Management (or
successor system) administered by the
General Services Administration; and
``(ii) is in compliance with ISO
9001:2015 of the International
Organization for Standardization (or
successor standard) or a standard
determined appropriate by the Secretary
to ensure the quality of products and
adherence to applicable statutory and
regulatory requirements.
``(C) Each supplier of such a covered item
with an insignia (such as any patch, badge, or
emblem) and each supplier of such an insignia,
if such covered item with such insignia or such
insignia, as the case may be, is not produced,
applied, or assembled in the United States,
shall--
``(i) store such covered item with
such insignia or such insignia in a
locked area;
``(ii) report any pilferage or theft
of such covered item with such insignia
or such insignia occurring at any stage
before delivery of such covered item
with such insignia or such insignia;
and
``(iii) destroy any such defective or
unusable covered item with insignia or
insignia in a manner established by the
Secretary, and maintain records, for
three years after the creation of such
records, of such destruction that
include the date of such destruction, a
description of the covered item with
insignia or insignia destroyed, the
quantity of the covered item with
insignia or insignia destroyed, and the
method of destruction.
``(2) Waiver.--
``(A) In general.--In the case of a national
emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et
seq.) or a major disaster declared by the
President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170), the Secretary
may waive a requirement in subparagraph (A),
(B) or (C) of paragraph (1) if the Secretary
determines there is an insufficient supply of a
covered item that meets the requirement.
``(B) Notice.--Not later than 60 days after
the date on which the Secretary determines a
waiver under subparagraph (A) is necessary, the
Secretary shall provide to the Committee on
Homeland Security and Governmental Affairs and
the Committee on Appropriations of the Senate
and the Committee on Homeland Security, the
Committee on Oversight and Reform, and the
Committee on Appropriations of the House of
Representatives notice of such determination,
which shall include--
``(i) identification of the national
emergency or major disaster declared by
the President;
``(ii) identification of the covered
item for which the Secretary intends to
issue the waiver; and
``(iii) a description of the demand
for the covered item and corresponding
lack of supply from contractors able to
meet the criteria described in
subparagraph (B) or (C) of paragraph
(1).
``(c) Pricing.--The Secretary shall ensure that covered items
are purchased at a fair and reasonable price, consistent with
the procedures and guidelines specified in the Federal
Acquisition Regulation.
``(d) Report.--Not later than 1 year after the date of
enactment of this section and annually thereafter, the
Secretary shall provide to the Committee on Homeland Security,
the Committee on Oversight and Reform, and the Committee on
Appropriations of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Appropriations of the Senate a briefing on
instances in which vendors have failed to meet deadlines for
delivery of covered items and corrective actions taken by the
Department in response to such instances.
``(e) Effective Date.--This section applies with respect to a
contract entered into by the Department or any frontline
operational component on or after the date that is 180 days
after the date of enactment of this section.''.
(b) Study.--
(1) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the
House of Representatives a study of the adequacy of
uniform allowances provided to employees of frontline
operational components (as defined in section 836 of
the Homeland Security Act of 2002, as added by
subsection (a)).
(2) Requirements.--The study conducted under
paragraph (1) shall--
(A) be informed by a Department-wide survey
of employees from across the Department of
Homeland Security who receive uniform
allowances that seeks to ascertain what, if
any, improvements could be made to the current
uniform allowances and what, if any, impacts
current allowances have had on employee morale
and retention;
(B) assess the adequacy of the most recent
increase made to the uniform allowance for
first year employees; and
(C) consider increasing by 50 percent, at
minimum, the annual allowance for all other
employees.
(c) Additional Report.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Homeland Security shall provide a report with
recommendations on how the Department of Homeland
Security could procure additional items from domestic
sources and bolster the domestic supply chain for items
related to national security to--
(A) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate; and
(B) the Committee on Homeland Security, the
Committee on Oversight and Reform, and the
Committee on Appropriations of the House of
Representatives.
(2) Contents.--The report required under paragraph
(1) shall include the following:
(A) A review of the compliance of the
Department of Homeland Security with the
requirements under section 604 of title VI of
division A of the American Recovery and
Reinvestment Act of 2009 (6 U.S.C. 453b) to buy
certain items related to national security
interests from sources in the United States.
(B) An assessment of the capacity of the
Department of Homeland Security to procure the
following items from domestic sources:
(i) Personal protective equipment and
other items necessary to respond to a
pandemic such as that caused by COVID-
19.
(ii) Helmets that provide ballistic
protection and other head protection
and components.
(iii) Rain gear, cold weather gear,
and other environmental and flame
resistant clothing.
(d) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the item relating
to section 835 the following:
``Sec. 836. Requirements to buy certain items related to national
security interests.''.
SEC. 59122. DHS SOFTWARE SUPPLY CHAIN RISK MANAGEMENT.
(a) Guidance.--The Secretary of Homeland Security, acting
through the Under Secretary, shall issue guidance with respect
to new and existing covered contracts.
(b) New Covered Contracts.--In developing guidance under
subsection (a), with respect to each new covered contract, as a
condition on the award of such a contract, each contractor
responding to a solicitation for such a contract shall submit
to the covered officer--
(1) a planned bill of materials when submitting a bid
proposal; and
(2) the certification and notifications described in
subsection (e).
(c) Existing Covered Contracts.--In developing guidance under
subsection (a), with respect to each existing covered contract,
each contractor with an existing covered contract shall submit
to the covered officer--
(1) the bill of materials used for such contract,
upon the request of such officer; and
(2) the certification and notifications described in
subsection (e).
(d) Updating Bill of Materials.--With respect to a covered
contract, in the case of a change to the information included
in a bill of materials submitted pursuant to subsections (b)(1)
and (c)(1), each contractor shall submit to the covered officer
the update to such bill of materials, in a timely manner.
(e) Certification and Notifications.--The certification and
notifications referred to in subsections (b)(2) and (c)(2),
with respect to a covered contract, are the following:
(1) A certification that each item listed on the
submitted bill of materials is free from all known
vulnerabilities or defects affecting the security of
the end product or service identified in--
(A) the National Institute of Standards and
Technology National Vulnerability Database; and
(B) any database designated by the Under
Secretary, in coordination with the Director of
the Cybersecurity and Infrastructure Security
Agency, that tracks security vulnerabilities
and defects in open source or third-party
developed software.
(2) A notification of each vulnerability or defect
affecting the security of the end product or service,
if identified, through--
(A) the certification of such submitted bill
of materials required under paragraph (1); or
(B) any other manner of identification.
(3) A notification relating to the plan to mitigate,
repair, or resolve each security vulnerability or
defect listed in the notification required under
paragraph (2).
(f) Enforcement.--In developing guidance under subsection
(a), the Secretary shall instruct covered officers with respect
to--
(1) the processes available to such officers
enforcing subsections (b) and (c); and
(2) when such processes should be used.
(g) Effective Date.--The guidance required under subsection
(a) shall take effect on the date that is 180 days after the
date of the enactment of this section.
(h) GAO Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Secretary, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report that includes--
(1) a review of the implementation of this section;
(2) information relating to the engagement of the
Department of Homeland Security with industry;
(3) an assessment of how the guidance issued pursuant
to subsection (a) complies with Executive Order 14208
(86 Fed. Reg. 26633; relating to improving the nation's
cybersecurity); and
(4) any recommendations relating to improving the
supply chain with respect to covered contracts.
(i) Definitions.--In this section:
(1) Bill of materials.--The term ``bill of
materials'' means a list of the parts and components
(whether new or reused) of an end product or service,
including, with respect to each part and component,
information relating to the origin, composition,
integrity, and any other information as determined
appropriate by the Under Secretary.
(2) Covered contract.--The term ``covered contract''
means a contract relating to the procurement of covered
information and communications technology or services
for the Department of Homeland Security.
(3) Covered information and communications technology
or services.--The term ``covered information and
communications technology or services'' means the
terms--
(A) ``information technology'' (as such term
is defined in section 11101(6) of title 40,
United States Code);
(B) ``information system'' (as such term is
defined in section 3502(8) of title 44, United
States Code);
(C) ``telecommunications equipment'' (as such
term is defined in section 3(52) of the
Communications Act of 1934 (47 U.S.C.
153(52))); and
(D) ``telecommunications service'' (as such
term is defined in section 3(53) of the
Communications Act of 1934 (47 U.S.C.
153(53))).
(4) Covered officer.--The term ``covered officer''
means--
(A) a contracting officer of the Department;
and
(B) any other official of the Department as
determined appropriate by the Under Secretary.
(5) Software.--The term ``software'' means computer
programs and associated data that may be dynamically
written or modified during execution.
(6) Under secretary.--The term ``Under Secretary''
means the Under Secretary for Management of the
Department of Homeland Security.
SEC. 59123. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following new section:
``SEC. 890C. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department
a mentor-protege program (in this section referred to as the
`Program') under which a mentor firm enters into an agreement
with a protege firm for the purpose of assisting the protege
firm to compete for prime contracts and subcontracts of the
Department.
``(b) Eligibility.--The Secretary shall establish criteria
for mentor firms and protege firms to be eligible to
participate in the Program, including a requirement that a firm
is not included on any list maintained by the Federal
Government of contractors that have been suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the
Office of Small and Disadvantaged Business Utilization
of the Department, shall establish a process for
submission of an application jointly by a mentor firm
and the protege firm selected by the mentor firm. The
application shall include each of the following:
``(A) A description of the assistance to be
provided by the mentor firm, including, to the
extent available, the number and a brief
description of each anticipated subcontract to
be awarded to the protege firm.
``(B) A schedule with milestones for
achieving the assistance to be provided over
the period of participation in the Program.
``(C) An estimate of the costs to be incurred
by the mentor firm for providing assistance
under the Program.
``(D) Attestations that Program participants
will submit to the Secretary reports at times
specified by the Secretary to assist the
Secretary in evaluating the protege firm's
developmental progress.
``(E) Attestations that Program participants
will inform the Secretary in the event of a
change in eligibility or voluntary withdrawal
from the Program.
``(2) Approval.--Not later than 60 days after receipt
of an application pursuant to paragraph (1), the head
of the Office of Small and Disadvantaged Business
Utilization shall notify applicants of approval or, in
the case of disapproval, the process for resubmitting
an application for reconsideration.
``(3) Rescission.--The head of the Office of Small
and Disadvantaged Business Utilization may rescind the
approval of an application under this subsection if it
determines that such action is in the best interest of
the Department.
``(d) Program Duration.--A mentor firm and protege firm
approved under subsection (c) shall enter into an agreement to
participate in the Program for a period of not less than 36
months.
``(e) Program Benefits.--A mentor firm and protege firm that
enter into an agreement under subsection (d) may receive the
following Program benefits:
``(1) With respect to an award of a contract that
requires a subcontracting plan, a mentor firm may
receive evaluation credit for participating in the
Program.
``(2) With respect to an award of a contract that
requires a subcontracting plan, a mentor firm may
receive credit for a protege firm performing as a first
tier subcontractor or a subcontractor at any tier in an
amount equal to the total dollar value of any
subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical,
managerial, financial, or any other mutually agreed
upon benefit from a mentor firm, including a
subcontract award.
``(f) Reporting.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the head of
the Office of Small and Disadvantaged Business Utilization
shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Homeland
Security and the Committee on Small Business of the House of
Representatives a report that--
``(1) identifies each agreement between a mentor firm
and a protege firm entered into under this section,
including the number of protege firm participants that
are--
``(A) small business concerns;
``(B) small business concerns owned and
controlled by veterans;
``(C) small business concerns owned and
controlled by service-disabled veterans;
``(D) qualified HUBZone small business
concerns;
``(E) small business concerns owned and
controlled by socially and economically
disadvantaged individuals;
``(F) small business concerns owned and
controlled by women;
``(G) historically Black colleges and
universities; and
``(H) minority-serving institutions;
``(2) describes the type of assistance provided by
mentor firms to protege firms;
``(3) identifies contracts within the Department in
which a mentor firm serving as the prime contractor
provided subcontracts to a protege firm under the
Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical
capabilities of protege firms; and
``(B) an increase in the quantity and
estimated value of prime contract and
subcontract awards to protege firms for the
period covered by the report.
``(g) Rule of Construction.--Nothing in this section may be
construed to limit, diminish, impair, or otherwise affect the
authority of the Department to participate in any program
carried out by or requiring approval of the Small Business
Administration or adopt or follow any regulation or policy that
the Administrator of the Small Business Administration may
promulgate, except that, to the extent that any provision of
this section (including subsection (h)) conflicts with any
other provision of law, regulation, or policy, this section
shall control.
``(h) Definitions.--In this section:
``(1) Historically black college or university.--The
term `historically Black college or university' has the
meaning given the term `part B institution' in section
322 of the Higher Education Act of 1965 (20 U.S.C.
1061).
``(2) Mentor firm.--The term `mentor firm' means a
for-profit business concern that is not a small
business concern that--
``(A) has the ability to assist and commits
to assisting a protege to compete for Federal
prime contracts and subcontracts; and
``(B) satisfies any other requirements
imposed by the Secretary.
``(3) Minority-serving institution.--The term
`minority-serving institution' means an institution of
higher education described in section 317 of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
``(4) Protege firm.--The term `protege firm' means a
small business concern, a historically Black college or
university, or a minority-serving institution that--
``(A) is eligible to enter into a prime
contract or subcontract with the Department;
and
``(B) satisfies any other requirements
imposed by the Secretary.
``(5) Small business act definitions.--The terms
`small business concern', `small business concern owned
and controlled by veterans', `small business concern
owned and controlled by service-disabled veterans',
`qualified HUBZone small business concern', `and small
business concern owned and controlled by women' have
the meanings given such terms, respectively, under
section 3 of the Small Business Act (15 U.S.C. 632).
The term `small business concern owned and controlled
by socially and economically disadvantaged individuals'
has the meaning given such term in section 8(d)(3)(C)
of the Small Business Act (15 U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 890B the following
new item:
``Sec. 890C. Mentor-protege program.''.
SEC. 59124. DHS TRADE AND ECONOMIC SECURITY COUNCIL.
(a) DHS Trade and Economic Security Council.--
(1) In general.--Subtitle H of title VIII of the
Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is
further amended by adding at the end the following new
section:
``SEC. 890D. DHS TRADE AND ECONOMIC SECURITY COUNCIL.
``(a) Establishment.--There is established in the Department
the DHS Trade and Economic Security Council (referred to in
this section as the `Council').
``(b) Duties of the Council.--The Council shall provide to
the Secretary advice and recommendations on matters of trade
and economic security, including--
``(1) identifying concentrated risks for trade and
economic security;
``(2) setting priorities for securing the Nation's
trade and economic security;
``(3) coordinating Department-wide activity on trade
and economic security matters;
``(4) with respect to the President's continuity of
the economy plan under section 9603 of the William M.
(Mac) Thornberry National Defense Authorization Act of
Fiscal Year 2021;
``(5) proposing statutory and regulatory changes
impacting trade and economic security; and
``(6) any other matters the Secretary considers
appropriate.
``(c) Membership.--
``(1) In general.--The Council shall be composed of
the following members:
``(A) The Assistant Secretary for Trade and
Economic Security of the Office of Strategy,
Policy, and Plans of the Department.
``(B) An officer or an employee, selected by
the Secretary, from each of the following
components and offices of the Department:
``(i) The Cybersecurity and
Infrastructure Security Agency.
``(ii) The Federal Emergency
Management Agency.
``(iii) The Office of Intelligence
and Analysis.
``(iv) The Science and Technology
Directorate.
``(v) United States Citizenship and
Immigration Services.
``(vi) The Coast Guard.
``(vii) U.S. Customs and Border
Protection.
``(viii) U.S. Immigration and Customs
Enforcement.
``(ix) The Transportation Security
Administration.
``(2) Chair and vice chair.--The Assistant Secretary
for Trade and Economic Security shall serve as Chair of
the Council. The Assistant Secretary for Trade and
Economic Security may designate a Council member as a
Vice Chair.
``(d) Meetings.--The Council shall meet not less frequently
than quarterly, as well as--
``(1) at the call of the Chair; or
``(2) at the direction of the Secretary.
``(e) Briefings.--Not later than 180 days after the date of
the enactment of this section and every six months thereafter
for four years, the Council shall brief the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate on the actions and activities of the Council.
``(f) Definition.--In this section, the term `economic
security' means the condition of having secure and resilient
domestic production capacity combined with reliable access to
the global resources necessary to maintain an acceptable
standard of living and protect core national values.''.
(2) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by inserting after the item relating to section
890C the following new item:
``Sec. 890D. DHS Trade and Economic Security Council.''.
(b) Assistant Secretary for Trade and Economic Security.--
Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349)
is amended--
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
``(g) Assistant Secretary for Trade and Economic Security.--
``(1) In general.--There is within the Office of
Strategy, Policy, and Plans an Assistant Secretary for
Trade and Economic Security.
``(2) Duties.--The Assistant Secretary for Trade and
Economic Security shall be responsible for policy
formulation regarding matters relating to economic
security and trade, as such matters relate to the
mission and the operations of the Department.
``(3) Additional responsibilities.--In addition to
the duties specified in paragraph (2), the Assistant
Secretary for Trade and Economic Security shall--
``(A) oversee--
``(i) the activities and enhancements
of requirements for supply chain
mapping not otherwise assigned by law
or by the Secretary to another officer;
and
``(ii) assessments and reports to
Congress related to critical economic
security domains;
``(B) serve as the executive for the
Department on the Committee on Foreign
Investment in the United States (CFIUS), the
Committee for the Assessment of Foreign
Participation in the United States
Telecommunications Services Sector, and the
Federal Acquisition Security Council (in
addition to any position on such Council
occupied by a representative of the
Cybersecurity and Infrastructure Security
Agency of the Department);
``(C) coordinate with stakeholders in other
Federal departments and agencies and non-
governmental entities with trade and economic
security interests, authorities, and
responsibilities; and
``(D) perform such additional duties as the
Secretary or the Under Secretary of Strategy,
Policy, and Plans may prescribe.
``(4) Definitions.--In this subsection:
``(A) Critical economic security domain.--The
term `critical economic security domain' means
any infrastructure, industry, technology, or
intellectual property (or combination thereof)
that is essential for the economic security of
the United States.
``(B) Economic security.--The term `economic
security' has the meaning given such term in
section 890B.''.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Homeland Security
$3,000,000 for each of fiscal years 2023 through 2027 to carry
out section 890B and subsection (g) of section 709 of the
Homeland Security Act of 2002, as added and inserted,
respectively, by subsections (a) and (b) of this Act.
SEC. 59125. DHS ACQUISITION REFORM.
(a) Acquisition Authorities for the Under Secretary of
Management of the Department of Homeland Security.--Section 701
of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``and
acquisition management'' after ``Procurement'';
and
(B) in paragraph (6), by inserting
``(including firearms and other sensitive
assets)'' after ``equipment'';
(2) by redesignating subsections (d), the first
subsection (e) (relating to the system for award
management consultation), and the second subsection (e)
(relating to the definition of interoperable
communications) as subsections (e), (f), and (g),
respectively; and
(3) by inserting after subsection (c) the following
new subsection:
``(d) Acquisition and Related Responsibilities.--
``(1) In general.--Notwithstanding section 1702(a) of
title 41, United States Code, the Under Secretary for
Management is the Chief Acquisition Officer of the
Department. As Chief Acquisition Officer, the Under
Secretary shall have the authorities and perform the
functions specified in section 1702(b) of such title,
and perform all other functions and responsibilities
delegated by the Secretary or described in this
subsection.
``(2) Functions and responsibilities.--In addition to
the authorities and functions specified in section
1702(b) of title 41, United States Code, the functions
and responsibilities of the Under Secretary for
Management related to acquisition (as such term is
defined in section 131 of such title) include the
following:
``(A) Advising the Secretary regarding
acquisition management activities, considering
risks of failure to achieve cost, schedule, or
performance parameters, to ensure that the
Department achieves its mission through the
adoption of widely accepted program management
best practices (as such term is defined in
section 837) and standards and, where
appropriate, acquisition innovation best
practices.
``(B) Leading the Department's acquisition
oversight body, the Acquisition Review Board.
``(C) Synchronizing interagency coordination
relating to acquisition programs and
acquisition management efforts of the
Department.
``(D) Exercising the acquisition decision
authority (as such term is defined in section
837) to approve, pause, modify (including the
rescission of approvals of program milestones),
or cancel major acquisition programs (as such
term is defined in section 837), unless the
Under Secretary delegates such authority to a
Component Acquisition Executive (as such term
is defined in section 837) pursuant to
paragraph (3).
``(E) Providing additional scrutiny and
oversight for an acquisition that is not a
major acquisition if--
``(i) the acquisition is for a
program that is important to the
strategic and performance plans of the
Department;
``(ii) the acquisition is for a
program with significant program or
policy implications; and
``(iii) the Secretary determines that
such scrutiny and oversight for the
acquisition is proper and necessary.
``(F) Establishing policies for managing
acquisitions across the Department that promote
best practices (as such term is defined in
section 837).
``(G) Establishing policies for acquisition
that implement an approach that considers risks
of failure to achieve cost, schedule, or
performance parameters that all components of
the Department shall comply with, including
outlining relevant authorities for program
managers to effectively manage acquisition
programs (as such term is defined in section
837).
``(H) Ensuring that each major acquisition
program has a Department-approved acquisition
program baseline (as such term is defined in
section 837), pursuant to the Department's
acquisition management policy that is traceable
to the life-cycle cost estimate of the program,
integrated master schedule, and operational
requirements.
``(I) Assisting the heads of components and
Component Acquisition Executives in efforts to
comply with Federal law, the Federal
Acquisition Regulation, and Department
acquisition management directives.
``(J) Ensuring that grants and financial
assistance are provided only to individuals and
organizations that are not suspended or
debarred.
``(K) Distributing guidance throughout the
Department to ensure that contractors involved
in acquisitions, particularly contractors that
access the Department's information systems and
technologies, adhere to relevant Department
policies related to physical and information
security as identified by the Under Secretary.
``(L) Overseeing the Component Acquisition
Executive organizational structure to ensure
Component Acquisition Executives have
sufficient capabilities and comply with
Department acquisition policies.
``(M) Developing and managing a professional
acquisition workforce to ensure the goods and
services acquired by the Department meet the
needs of the mission and are at the best value
for the expenditure of public resources.
``(3) Delegation of certain acquisition decision
authority.--The Under Secretary for Management may
delegate acquisition decision authority, in writing, to
the relevant Component Acquisition Executive for a
major capital asset, service, or hybrid acquisition
program that has a life-cycle cost estimate of at least
$300,000,000 but not more than $1,000,000,000, based on
fiscal year 2022 constant dollars, if--
``(A) the component concerned possesses
working policies, processes, and procedures
that are consistent with Department acquisition
policy;
``(B) the Component Acquisition Executive
concerned has adequate, experienced, and
dedicated professional employees with program
management training; and
``(C) each major acquisition program has a
Department-approved acquisition program
baseline, and it is meeting agreed-upon cost,
schedule, and performance thresholds.''.
(b) Office of Test and Evaluation of the Department of
Homeland Security.--
(1) In general.--Title III of the Homeland Security
Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding
at the end the following new section:
``SEC. 323. OFFICE OF TEST AND EVALUATION.
``(a) Establishment of Office.--There is established in the
Directorate of Science and Technology of the Department an
Office of Test and Evaluation (in this section referred to as
the `Office'). The Office shall--
``(1) serve as the principal advisory office for test
and evaluation support across the Department; and
``(2) serve as the test and evaluation liaison with--
``(A) Federal agencies and foreign, State,
local, Tribal, and territorial governments;
``(B) the private sector;
``(C) institutions of higher education; and
``(D) other relevant entities.
``(b) Director.--The Office shall be led by a Director. The
Director shall oversee the duties specified in subsection (a)
and carry out the following responsibilities:
``(1) Serve as a member of the Department's
Acquisition Review Board.
``(2) Establish and update, as necessary, test and
evaluation policies, procedures, and guidance for the
Department.
``(3) Ensure, in coordination with the Chief
Acquisition Officer, the Joint Requirements Council,
the Under Secretary for Science and Technology, and
relevant component heads, that acquisition programs (as
such term is defined in section 837)--
``(A) complete reviews of operational
requirements to ensure such requirements--
``(i) are informed by threats,
including physical and cybersecurity
threats;
``(ii) are operationally relevant;
and
``(iii) are measurable, testable, and
achievable within the constraints of
cost and schedule;
``(B) complete independent testing and
evaluation of a system or service throughout
development of such system or service;
``(C) complete operational testing and
evaluation that includes all system components
and incorporates operators into such testing
and evaluation to ensure that a system or
service satisfies the mission requirements in
the operational environment of such system or
service as intended in the acquisition program
baseline;
``(D) use independent verification and
validation of test and evaluation
implementation and results, as appropriate; and
``(E) document whether such programs meet all
operational requirements.
``(4) Provide oversight of test and evaluation
activities for major acquisition programs throughout
the acquisition life cycle by--
``(A) approving program test and evaluation
master plans, plans for individual test and
evaluation events, and other related
documentation, determined appropriate by the
Director;
``(B) approving which independent test and
evaluation agent or third-party tester is
selected for each program; and
``(C) providing an independent assessment to
the acquisition decision authority (as such
term is defined in section 837) that assesses a
program's progress in meeting operational
requirements and operational effectiveness,
suitability, and resilience to inform
production and deployment decisions.
``(5) Determine if testing of a system or service
conducted by other Federal agencies, entities, or
institutions of higher education are relevant and
sufficient in determining whether such system or
service performs as intended.
``(c) Annual Report.--
``(1) In general.--Not later than one year after the
date of the enactment of this section and annually
thereafter, the Director of the Office shall submit to
the Secretary, the Under Secretary for Management,
component heads, and the Committee on Homeland Security
of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs a report
relating to the test and evaluation activities of the
major acquisition programs of the Department for the
previous fiscal year.
``(2) Elements.--Each report required under paragraph
(1) shall include the following:
``(A) An assessment of--
``(i) test and evaluation activities
conducted for each major acquisition
program with respect to demonstrating
operational requirements and
operational effectiveness, suitability,
and resilience for each such program;
``(ii) any waivers of, or deviations
from, approved program test and
evaluation master plans referred to in
subsection (b)(3)(A);
``(iii) any concerns raised by the
independent test and evaluation agent
or third-party tester selected and
approved under subsection (b)(3)(B)
relating to such waivers or deviations;
and
``(iv) any actions that have been
taken or are planned to be taken to
address such concerns.
``(B) Recommendations with respect to
resources, facilities, and levels of funding
made available for test and evaluation
activities referred to in subparagraph (A).
``(3) Form.--Each report required under paragraph (1)
shall be submitted in unclassified form but may include
a classified annex.
``(d) Relationship to Under Secretary for Science and
Technology.--
``(1) In general.--The Under Secretary for Management
and the Under Secretary for Science and Technology
shall coordinate in matters related to Department-wide
acquisitions so that investments of the Directorate of
Science and Technology are able to support current and
future requirements of the components of the
Department.
``(2) Rule of construction.--Nothing in this
subsection may be construed as affecting or diminishing
the authority of the Under Secretary for Science and
Technology.''.
(2) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by inserting after the item relating to section
322 the following new item:
``Sec. 323. Office of Test and Evaluation.''.
(c) Acquisition Authorities for Chief Financial Officer of
the Department of Homeland Security.--Paragraph (2) of section
702(b) of the Homeland Security Act of 2002 (6 U.S.C. 342(b))
is amended by--
(1) redesignating subparagraph (I) as subparagraph
(J); and
(2) inserting after subparagraph (H) the following
new subparagraph:
``(I) Oversee the costs of acquisition
programs (as such term is defined in section
837) and related activities to ensure that
actual and planned costs are in accordance with
budget estimates and are affordable, or can be
adequately funded, over the life cycle of such
programs and activities.''.
(d) Acquisition Authorities for Chief Information Officer of
the Department of Homeland Security.--Section 703 of the
Homeland Security Act of 2002 (6 U.S.C. 343) is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection:
``(b) Acquisition Responsibilities.--In addition to the
responsibilities specified in section 11315 of title 40, United
States Code, the acquisition responsibilities of the Chief
Information Officer, in consultation with the Under Secretary
for Management, shall include the following:
``(1) Overseeing the management of the Homeland
Security Enterprise Architecture and ensuring that,
before each acquisition decision event (as such term is
defined in section 837), approved information
technology acquisitions comply with any departmental
information technology management requirements,
security protocols, and the Homeland Security
Enterprise Architecture, and in any case in which
information technology acquisitions do not so comply,
making recommendations to the Department's Acquisition
Review Board regarding such noncompliance.
``(2) Providing recommendations to the Acquisition
Review Board regarding information technology programs
and developing information technology acquisition
strategic guidance.''.
(e) Acquisition Authorities for Under Secretary of Strategy,
Policy, and Plans of the Department of Homeland Security.--
Subsection (c) of section 709 of the Homeland Security Act of
2002 (6 U.S.C. 349) is amended by--
(1) redesignating paragraphs (4) through (7) as (5)
through (8), respectively; and
(2) inserting after paragraph (3) the following new
paragraph:
``(4) ensure acquisition programs (as such term is
defined in section 837) support the DHS Quadrennial
Homeland Security Review Report, the DHS Strategic
Plan, the DHS Strategic Priorities, and other
appropriate successor documents;''.
(f) Acquisition Authorities for Program Accountability and
Risk Management (PARM) of the Department of Homeland
Security.--
(1) In general.--Title VII of the Homeland Security
Act of 2002 (6 U.S.C. 341 et seq.), as amended by this
Act, is further amended by adding at the end the
following new section:
``SEC. 715. PROGRAM ACCOUNTABILITY AND RISK MANAGEMENT OFFICE.
``(a) Establishment of Office.--There is established in the
Management Directorate of the Department a Program
Accountability and Risk Management office. Such office shall--
``(1) provide consistent accountability,
standardization, and transparency of major acquisition
programs of the Department;
``(2) serve as the central oversight function for all
Department major acquisition programs; and
``(3) provide review and analysis of Department
acquisition programs, as appropriate.
``(b) Executive Director.--The Program Accountability and
Risk Management office shall be led by an Executive Director.
The Executive Director shall oversee the duties specified in
subsection (a), report directly to the Under Secretary for
Management, and carry out the following responsibilities:
``(1) Regularly monitor the performance of Department
major acquisition programs between acquisition decision
events to identify problems with cost, performance, or
schedule that components may need to address to prevent
cost overruns, performance issues, or schedule delays.
``(2) Assist the Under Secretary for Management in
managing the Department's acquisition programs,
acquisition workforce, and related activities of the
Department.
``(3) Conduct oversight of individual acquisition
programs to implement Department acquisition program
policy, procedures, and guidance, with a priority on
ensuring the data the office collects and maintains
from Department components is accurate and reliable.
``(4) Serve as the focal point and coordinator for
the acquisition life-cycle review process and as the
executive secretariat for the Department's Acquisition
Review Board.
``(5) Advise the persons having acquisition decision
authority to--
``(A) make acquisition decisions consistent
with all applicable laws; and
``(B) establish clear lines of authority,
accountability, and responsibility for
acquisition decision-making within the
Department.
``(6) Develop standardized certification standards,
in consultation with the Component Acquisition
Executives, for all acquisition program managers.
``(7) Assess the results of major acquisition
programs' post-implementation reviews, and identify
opportunities to improve performance throughout the
acquisition process.
``(8) Provide technical support and assistance to
Department acquisition programs and acquisition
personnel, and coordinate with the Chief Procurement
Officer regarding workforce training and development
activities.
``(9) Assist, as appropriate, with the preparation of
the Future Years Homeland Security Program, and make
such information available to the congressional
homeland security committees.
``(10) In coordination with the Component Acquisition
Executives, maintain the Master Acquisition Oversight
List, updated quarterly, that shall serve as an
inventory of all major acquisition programs and non-
major acquisition programs within the Department,
including for each such program--
``(A) the component sponsoring the
acquisition;
``(B) the name of the acquisition;
``(C) the acquisition level as determined by
the anticipated life-cycle cost of the program
and other criteria pursuant to the Department-
level acquisition policy;
``(D) the acquisition decision authority for
the acquisition; and
``(E) the current acquisition phase.
``(c) Responsibilities of Components.--Each head of a
component shall comply with Federal law, the Federal
Acquisition Regulation, and Department acquisition management
directives established by the Under Secretary for Management.
For each major acquisition program, each head of a component
shall--
``(1) establish an organizational structure for
conducting acquisitions within the component, to be
managed by a Component Acquisition Executive;
``(2) obtain the resources necessary to operate such
an organizational structure that are aligned with the
number, type, size, and complexity of the acquisition
programs of the component; and
``(3) oversee sustainment of capabilities deployed by
major acquisition programs and non-major acquisition
programs after all planned deployments are completed
until such capabilities are retired or replaced.
``(d) Responsibilities of Component Acquisition Executives.--
Each Component Acquisition Executive shall--
``(1) establish and implement policies and guidance
for managing and conducting oversight for major
acquisition programs and non-major acquisition programs
within the component at issue that comply with Federal
law, the Federal Acquisition Regulation, and Department
acquisition management directives established by the
Under Secretary for Management;
``(2) for each major acquisition program--
``(A) define baseline requirements and
document changes to such requirements, as
appropriate;
``(B) establish a complete life cycle cost
estimate with supporting documentation that is
consistent with cost estimating best practices
as identified by the Comptroller General of the
United States;
``(C) verify each life cycle cost estimate
against independent cost estimates or
assessments, as appropriate, and reconcile any
differences;
``(D) complete a cost-benefit analysis with
supporting documentation; and
``(E) develop and maintain a schedule that is
consistent with scheduling best practices as
identified by the Comptroller General of the
United States, including, in appropriate cases,
an integrated master schedule;
``(3) ensure that all acquisition program
documentation provided by the component demonstrates
the knowledge required for successful program execution
prior to final approval and is complete, accurate,
timely, and valid;
``(4) in such cases where it is appropriate, exercise
the acquisition decision authority to approve, pause,
modify (including the rescission of approvals of
program milestones), or cancel major acquisition
programs or non-major acquisition programs when
delegated by the Under Secretary for Management
pursuant to section 701(d)(3); and
``(5) review, oversee, and direct activities between
acquisition decision events for major acquisition
programs within the component for which the Under
Secretary for Management is the acquisition decision
authority.
``(e) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the
meaning given such term in section 131 of title 41,
United States Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority,
in addition to the authorities and functions specified
in subsection (b) of section 1702 of title 41, United
States Code, held by the Secretary acting through the
Under Secretary for Management to--
``(A) ensure compliance with Federal law, the
Federal Acquisition Regulation, and Department
acquisition management directives;
``(B) review (including approving, pausing,
modifying, or canceling) an acquisition program
throughout the life cycle of such program;
``(C) ensure that acquisition program
managers have the resources necessary to
successfully execute an approved acquisition
program;
``(D) ensure appropriate acquisition program
management of cost, schedule, risk, and system
or service performance of the acquisition
program at issue, including assessing
acquisition program baseline breaches and
directing any corrective action for such
breaches;
``(E) ensure that acquisition program
managers, on an ongoing basis, monitor cost,
schedule, and performance against established
baselines and use tools to assess risks to an
acquisition program at all phases of the life-
cycle of such program; and
``(F) establish policies and procedures for
major acquisition programs of the Department.
``(3) Acquisition decision event.--The term
`acquisition decision event', with respect to an
acquisition program, means a predetermined point within
the acquisition life-cycle at which the acquisition
decision authority determines whether such acquisition
program shall proceed to the next acquisition phase.
``(4) Acquisition program.--The term `acquisition
program' means the conceptualization, initiation,
design, development, test, contracting, production,
deployment, logistics support, modification, or
disposal of systems, supplies, or services (including
construction) to satisfy the Department's needs.
``(5) Acquisition program baseline.--The term
`acquisition program baseline', with respect to an
acquisition program, means the cost, schedule, and
performance parameters, expressed in standard,
measurable, quantitative terms, which must be met to
accomplish the goals of such program.
``(6) Best practices.--The term `best practices',
with respect to acquisition, means a knowledge-based
approach to capability development, procurement, and
support that includes the following:
``(A) Identifying and validating needs.
``(B) Assessing alternatives to select the
most appropriate solution.
``(C) Establishing well-defined requirements.
``(D) Developing realistic cost assessments
and schedules that account for the entire life-
cycle of an acquisition.
``(E) Demonstrating technology, design, and
manufacturing maturity before initiating
production.
``(F) Using milestones and exit criteria or
specific accomplishments that demonstrate the
attainment of knowledge to support progress
throughout the acquisition phases.
``(G) Regularly assessing and managing risks
to achieve requirements and cost and schedule
goals.
``(H) To the maximum extent possible,
adopting and executing standardized processes.
``(I) Establishing a workforce that is
qualified to perform necessary acquisition
roles.
``(J) Integrating into the Department's
mission and business operations the
capabilities described in subparagraphs (A)
through (I).
``(7) Breach.--The term `breach', with respect to a
major acquisition program, means a failure to meet any
cost, schedule, or performance threshold specified in
the most recently approved acquisition program
baseline.
``(8) Congressional homeland security committees.--
The term `congressional homeland security committees'
means--
``(A) the Committee on Homeland Security of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
of the Senate; and
``(B) the Committee on Appropriations of the
House of Representatives and the Committee on
Appropriations of the Senate.
``(9) Component acquisition executive.--The term
`Component Acquisition Executive' means the senior
acquisition official within a component who is
designated in writing by the Under Secretary for
Management, in consultation with the component head,
with authority and responsibility for leading a process
and staff to provide acquisition and program management
oversight, policy, and guidance to ensure that
statutory, regulatory, and higher level policy
requirements are fulfilled, including compliance with
Federal law, the Federal Acquisition Regulation, and
Department acquisition management directives
established by the Under Secretary.
``(10) Life-cycle cost.--The term `life-cycle cost'
means the total cost to the Government of acquiring,
operating, supporting, and (if applicable) disposing of
the items being acquired.
``(11) Major acquisition program.--The term `major
acquisition program' means a Department capital asset,
services, or hybrid acquisition program that is
estimated by the Secretary to require an eventual total
expenditure of at least $300,000,000 (based on fiscal
year 2022 constant dollars) over its life cycle or a
program identified by the Chief Acquisition Officer as
a program of special interest.''.
(2) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by inserting after the item relating to section
714 the following new item:
``Sec. 715. Program Accountability and Risk Management office.''.
(g) Acquisition Documentation.--
(1) In general.--Subtitle D of title VIII of the
Homeland Security Act of 2002 (6 U.S.C. 391 et seq.),
as amended by this Act, is further amended by adding at
the end the following new section:
``SEC. 837. ACQUISITION DOCUMENTATION.
``For each major acquisition program (as such term is defined
in section 714), the Secretary, acting through the Under
Secretary for Management, shall require the head of each
relevant component or office of the Department to--
``(1) maintain acquisition documentation that is
complete, accurate, timely, and valid, and that
includes--
``(A) operational requirements that are
validated consistent with departmental policy;
``(B) a complete life-cycle cost estimate
with supporting documentation;
``(C) verification of such life-cycle cost
estimate against independent cost estimates,
and reconciliation of any differences;
``(D) a cost-benefit analysis with supporting
documentation;
``(E) an integrated master schedule with
supporting documentation;
``(F) plans for conducting systems
engineering reviews and test and evaluation
activities throughout development to support
production and deployment decisions;
``(G) an acquisition plan that outlines the
procurement approach, including planned
contracting vehicles;
``(H) a logistics and support plan for
operating and maintaining deployed capabilities
until such capabilities are disposed of or
retired; and
``(I) an acquisition program baseline that is
traceable to the operational requirements of
the program required under subparagraphs (A),
(B), and (E);
``(2) prepare cost estimates and schedules for major
acquisition programs pursuant to subparagraphs (B) and
(E) of paragraph (1) in a manner consistent with best
practices as identified by the Comptroller General of
the United States; and
``(3) ensure any revisions to the acquisition
documentation maintained pursuant to paragraph (1) are
reviewed and approved in accordance with departmental
policy.''.
(2) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by adding after the item relating to section
836 the following new item:
``Sec. 837. Acquisition documentation.''.
SEC. 59126. DHS ACQUISITION REVIEW BOARD.
(a) In General.--Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended
by adding at the end the following new section:
``SEC. 838. ACQUISITION REVIEW BOARD.
``(a) In General.--There is established in the Department an
Acquisition Review Board (in this section referred to as the
`Board') to support the Under Secretary for Management in
managing the Department's acquisitions.
``(b) Composition.--
``(1) Chair.--The Under Secretary for Management
shall serve as chair of the Board.
``(2) Oversight.--The Under Secretary for Management
may designate an employee of the Department to oversee
the operations of the Board.
``(3) Participation.-- The Under Secretary for
Management shall ensure participation by other relevant
Department officials with responsibilities related to
acquisitions as permanent members of the Board,
including the following:
``(A) The Chair of the Joint Requirements
Council.
``(B) The Chief Financial Officer.
``(C) The Chief Human Capital Officer.
``(D) The Chief Information Officer.
``(E) The Chief Procurement Officer.
``(F) The Chief Readiness Support Officer.
``(G) The Chief Security Officer.
``(H) The Director of the Office of Test and
Evaluation.
``(I) Other relevant senior Department
officials, as designated by the Under Secretary
for Management.
``(c) Meetings.--The Board shall meet regularly for purposes
of evaluating the progress and status of an acquisition
program. The Board shall convene at the Under Secretary for
Management's discretion, and at such time as--
``(1) a new acquisition program is initiated;
``(2) a major acquisition program--
``(A) requires authorization to proceed from
one acquisition decision event to another
throughout the acquisition life-cycle;
``(B) is in breach of its approved
acquisition program baseline; or
``(C) requires additional review, as
determined by the Under Secretary for
Management; or
``(3) a non-major acquisition program requires
review, as determined by the Under Secretary for
Management.
``(d) Responsibilities.--The responsibilities of the Board
are as follows:
``(1) Determine the appropriate acquisition level and
acquisition decision authority for new acquisition
programs based on the estimated eventual total
expenditure of each such program to satisfy the mission
need of the Department over the life-cycle of such
acquisition regardless of funding source.
``(2) Determine whether a proposed acquisition has
met the requirements of key phases of the acquisition
life-cycle framework and is able to proceed to the next
phase and eventual full production and deployment.
``(3) Oversee whether a proposed acquisition's
business strategy, resources, management, and
accountability is executable and is aligned with the
mission and strategic goals of the Department.
``(4) Support the person with acquisition decision
authority for an acquisition in determining the
appropriate direction for such acquisition at key
acquisition decision events.
``(5) Conduct systematic reviews of acquisitions to
ensure that such acquisitions are progressing in
accordance with best practices and in compliance with
the most recently approved documents for such
acquisitions' current acquisition phases.
``(6) Review the acquisition documents of each major
acquisition program, including the acquisition program
baseline and documentation reflecting consideration of
tradeoffs among cost, schedule, and performance
objectives, to ensure the reliability of underlying
data.
``(7) Ensure that practices are adopted and
implemented to require consideration of trade-offs
among cost, schedule, and performance objectives as
part of the process for developing requirements for
major acquisition programs prior to the initiation of
the second acquisition decision event, including, at a
minimum, the following practices:
``(A) Department officials responsible for
acquisition, budget, and cost estimating
functions are provided with the appropriate
opportunity to develop estimates and raise cost
and schedule concerns before performance
objectives are established for capabilities
when feasible.
``(B) Full consideration is given to possible
trade-offs among cost, schedule, and
performance objectives for each alternative.
``(e) Documentation.--
``(1) In general.--The chair of the Board shall
ensure that all actions and decisions made pursuant to
the responsibilities of the Board under subsection (d)
are documented in an acquisition decision memorandum
that includes--
``(A) a summary of the action at issue or
purpose for convening a meeting under
subsection (c);
``(B) the decision with respect to actions
discussed during such meeting;
``(C) the rationale for such a decision,
including justifications for any such decision
made to allow acquisition programs to deviate
from the acquisition management policy of the
Department;
``(D) any assigned items for further action;
and
``(E) the signature of the chair verifying
the contents of such memorandum.
``(2) Submission of memorandum.--Not later than seven
days after the date on which the acquisition decision
memorandum is signed by the chair pursuant to paragraph
(1)(E), the chair shall submit to the Secretary, the
Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate a copy of such
memorandum.
``(f) Definitions.--In this section:
``(1) Acquisition.--The term `acquisition' has the
meaning given such term in section 131 of title 41,
United States Code.
``(2) Acquisition decision authority.--The term
`acquisition decision authority' means the authority,
held by the Secretary to--
``(A) ensure acquisition programs are in
compliance with Federal law, the Federal
Acquisition Regulation, and Department
acquisition management directives;
``(B) review (including approving, pausing,
modifying, or cancelling) an acquisition
program through the life-cycle of such program;
``(C) ensure that acquisition program
managers have the resources necessary to
successfully execute an approved acquisition
program;
``(D) ensure appropriate acquisition program
management of cost, schedule, risk, and system
performance of the acquisition program at
issue, including assessing acquisition program
baseline breaches and directing any corrective
action for such breaches; and
``(E) ensure that acquisition program
managers, on an ongoing basis, monitor cost,
schedule, and performance against established
baselines and use tools to assess risks to an
acquisition program at all phases of the life-
cycle of such program to avoid and mitigate
acquisition program baseline breaches.
``(3) Acquisition decision event.--The term
`acquisition decision event', with respect to an
acquisition program, means a predetermined point within
each of the acquisition phases at which the acquisition
decision authority determines whether such acquisition
program shall proceed to the next acquisition phase.
``(4) Acquisition decision memorandum.--The term
`acquisition decision memorandum' means the official
documented record of decisions, including the rationale
for such decisions and any assigned actions, for the
acquisition at issue, as determined by the person
exercising acquisition decision authority for such
acquisition.
``(5) Acquisition program baseline.--The term
`acquisition program baseline', with respect to an
acquisition program, means a summary of the cost,
schedule, and performance parameters, expressed in
standard, measurable, quantitative terms, which must be
satisfied to accomplish the goals of such program.
``(6) Best practices.--The term `best practices',
with respect to acquisition, means a knowledge-based
approach to capability development that includes--
``(A) identifying and validating needs;
``(B) assessing alternatives to select the
most appropriate solution;
``(C) clearly establishing well-defined
requirements;
``(D) developing realistic cost estimates and
schedules that account for the entire life-
cycle of such an acquisition;
``(E) securing stable funding that matches
resources to requirements before initiating
such development;
``(F) demonstrating technology, design, and
manufacturing maturity before initiating
production of the item that is the subject of
such acquisition;
``(G) using milestones and exit criteria or
specific accomplishments that demonstrate the
attainment of knowledge to support progress;
``(H) regularly assessing and managing risks
to achieving requirements and cost and schedule
goals;
``(I) adopting and executing standardized
processes with known success across programs;
``(J) establishing an adequate workforce that
is qualified and sufficient to perform
necessary functions; and
``(K) integrating the capabilities described
in subparagraphs (A) through (J).
``(7) Major acquisition program.--The term `major
acquisition program' means--
``(A) a Department capital asset, service, or
hybrid acquisition program that is estimated by
the Secretary to require an eventual total
expenditure of at least $300 million (based on
fiscal year 2022 constant dollars) over its
life-cycle cost; or
``(B) a program identified by the Under
Secretary for Management as a program of
special interest.
``(8) Non-major acquisition program.--The term `non-
major acquisition program' means a Department capital
asset, service, or hybrid acquisition program that is
estimated by the Secretary to require an eventual total
expenditure of less than $300,000,000 (based on fiscal
year 2022 constant dollars) over its life-cycle.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 837 the following new item:
``Sec. 838. Acquisition Review Board.''.
SEC. 59127. DHS CONTRACT REPORTING.
(a) Daily Public Report of Covered Contract Awards.--
(1) In general.--The Secretary shall post, maintain,
and update in accordance with paragraph (2), on a
publicly available website of the Department, a daily
report of all covered contract awards. Each reported
covered contract award shall include information
relating to--
(A) the contract number, modification number,
or delivery order number;
(B) the contract type;
(C) the amount obligated for such award;
(D) the total contract value for such award,
including all options;
(E) the description of the purpose for such
award;
(F) the number of proposals or bids received;
(G) the name and address of the vendor, and
whether such vendor is considered a small
business;
(H) the period and each place of performance
for such award;
(I) whether such award is multiyear;
(J) whether such award requires a small
business subcontracting plan; and
(K) the contracting office and the point of
contact for such office.
(2) Update.--Updates referred to in paragraph (1)
shall occur not later than two business days after the
date on which the covered contract is authorized or
modified.
(3) Subscribing to alerts.--The website referred to
in paragraph (1) shall provide the option to subscribe
to an automatic notification of the publication of each
report required under such paragraph.
(4) Effective date.--Paragraph (1) shall take effect
on the date that is 180 days after the date of the
enactment of this section.
(b) Undefinitized Contract Action or Definitized Amount.--If
a covered contract award reported pursuant to subsection (a)
includes an undefinitized contract action, the Secretary
shall--
(1) report the estimated total contract value for
such award and the amount obligated upon award; and
(2) once such award is definitized, update the total
contract value and amount obligated.
(c) Exemption.--Each report required under subsection (a)
shall not include covered contract awards relating to
classified products, programs, or services.
(d) Definitions.--In this section:
(1) Covered contract award.--The term ``covered
contract award''--
(A) means a contract action of the Department
with the total authorized dollar amount of
$4,000,000 or greater, including unexercised
options; and
(B) includes--
(i) contract awards governed by the
Federal Acquisition Regulation;
(ii) modifications to a contract
award that increase the total value,
expand the scope of work, or extend the
period of performance;
(iii) orders placed on a multiple
award or multiple-agency contract that
includes delivery or quantity terms
that are indefinite;
(iv) other transaction authority
agreements; and
(v) contract awards made with other
than full and open competition.
(2) Definitized amount.--The term ``definitized
amount'' means the final amount of a covered contract
award after agreement between the Department and the
contractor at issue.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(5) Small business.--The term ``small business''
means an entity that qualifies as a small business
concern, as such term is described under section 3 of
the Small Business Act (15 U.S.C. 632).
(6) Total contract value.--The term ``total contract
value'' means the total amount of funds expected to be
provided to the contractor at issue under the terms of
the contract through the full period of performance.
(7) Undefinitized contract action.--The term
``undefinitized contract action'' means any contract
action for which the contract terms, specifications, or
price is not established prior to the start of the
performance of a covered contract award.
SEC. 59128. UNMANNED AERIAL SECURITY.
(a) Prohibition on Agency Operation or Procurement.--Except
as provided in subsection (b) and subsection (c)(3), the
Secretary of Homeland Security may not operate, provide
financial assistance for, or enter into or renew a contract for
the procurement of--
(1) an unmanned aircraft system (UAS) that--
(A) is manufactured in a covered foreign
country or by a corporation domiciled in a
covered foreign country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals
manufactured in a covered foreign country or by
a corporation domiciled in a covered foreign
country;
(C) uses a ground control system or operating
software developed in a covered foreign country
or by a corporation domiciled in a covered
foreign country; or
(D) uses network connectivity or data storage
located in a covered foreign country or
administered by a corporation domiciled in a
covered foreign country;
(2) a software operating system associated with a UAS
that uses network connectivity or data storage located
in a covered foreign country or administered by a
corporation domiciled in a covered foreign country; or
(3) a system for the detection or identification of a
UAS, which system is manufactured in a covered foreign
country or by a corporation domiciled in a covered
foreign country.
(b) Waiver.--
(1) In general.--The Secretary of Homeland Security
is authorized to waive the prohibition under subsection
(a) if the Secretary certifies in writing to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate that a UAS, a
software operating system associated with a UAS, or a
system for the detection or identification of a UAS
referred to in any of subparagraphs (A) through (C) of
such subsection that is the subject of such a waiver is
required--
(A) in the national interest of the United
States;
(B) for counter-UAS surrogate research,
testing, development, evaluation, or training;
or
(C) for intelligence, electronic warfare, or
information warfare operations, testing,
analysis, and or training.
(2) Notice.--The certification described in paragraph
(1) shall be submitted to the Committees specified in
such paragraph by not later than the date that is 14
days after the date on which a waiver is issued under
such paragraph.
(c) Effective Dates.--
(1) In general.--This Act shall take effect on the
date that is 120 days after the date of the enactment
of this Act.
(2) Waiver process.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of
Homeland Security shall establish a process by which
the head of an office or component of the Department of
Homeland Security may request a waiver under subsection
(b).
(3) Exception.--Notwithstanding the prohibition under
subsection (a), the head of an office or component of
the Department of Homeland Security may continue to
operate a UAS, a software operating system associated
with a UAS, or a system for the detection or
identification of a UAS described in any of
subparagraphs (1) through (3) of such subsection that
was in the inventory of such office or component on the
day before the effective date of this Act until--
(A) such time as the Secretary of Homeland
Security has--
(i) granted a waiver relating thereto
under subsection (b); or
(ii) declined to grant such a waiver;
or
(B) one year after the date of the enactment
of this Act,
whichever is later.
(d) Drone Origin Security Report to Congress.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a terrorism threat assessment and report that contains
information relating to the following:
(1) The extent to which the Department of Homeland
Security has previously analyzed the threat that a UAS,
a software operating system associated with a UAS, or a
system for the detection or identification of a UAS
from a covered foreign country operating in the United
States poses, and the results of such analysis.
(2) The number of UAS, software operating systems
associated with a UAS, or systems for the detection or
identification of a UAS from a covered foreign country
in operation by the Department, including an
identification of the component or office of the
Department at issue, as of such date.
(3) The extent to which information gathered by such
a UAS, a software operating system associated with a
UAS, or a system for the detection or identification of
a UAS from a covered foreign country could be employed
to harm the national or economic security of the United
States.
(e) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered
foreign country'' means a country that--
(A) the intelligence community has identified
as a foreign adversary in its most recent
Annual Threat Assessment; or
(B) the Secretary of Homeland Security, in
coordination with the Director of National
Intelligence, has identified as a foreign
adversary that is not included in such Annual
Threat Assessment.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).
(3) Unmanned aircraft system; uas.--The terms
``unmanned aircraft system'' and ``UAS'' have the
meaning given the term ``unmanned aircraft system'' in
section 44801 of title 49, United States Code.
Subtitle C--Enhancing DHS Operations
SEC. 59131. QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL CORRECTIONS.
(a) In General.--Section 707 of the Homeland Security Act of
2002 (6 U.S.C. 347) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (B), by striking ``and''
after the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) representatives from appropriate
advisory committees established pursuant to
section 871, including the Homeland Security
Advisory Council and the Homeland Security
Science and Technology Advisory Committee, or
otherwise established, including the Aviation
Security Advisory Committee established
pursuant to section 44946 of title 49, United
States Code; and'';
(2) in subsection (b)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following: ``based on
the risk assessment required pursuant to
subsection (c)(2)(B)'';
(B) in paragraph (3)--
(i) by inserting ``, to the extent
practicable,'' after ``describe''; and
(ii) by striking ``budget plan'' and
inserting ``resources required'';
(C) in paragraph (4)--
(i) by inserting ``, to the extent
practicable,'' after ``identify'';
(ii) by striking ``budget plan
required to provide sufficient
resources to successfully'' and
inserting ``resources required to'';
and
(iii) by striking the semicolon at
the end and inserting the following:
``, including any resources identified
from redundant, wasteful, or
unnecessary capabilities or capacities
that may be redirected to better
support other existing capabilities or
capacities, as the case may be; and'';
(D) in paragraph (5), by striking ``; and''
and inserting a period; and
(E) by striking paragraph (6);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``December
31 of the year'' and inserting ``60 days after
the date of the submission of the President's
budget for the fiscal year after the fiscal
year'';
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``description of the threats to'' and
inserting ``risk assessment of'';
(ii) in subparagraph (C), by
inserting ``, as required under
subsection (b)(2)'' before the
semicolon at the end;
(iii) in subparagraph (D)--
(I) by inserting ``to the
extent practicable,'' before
``a description''; and
(II) by striking ``budget
plan'' and inserting
``resources required'';
(iv) in subparagraph (F)--
(I) by inserting ``to the
extent practicable,'' before
``a discussion''; and
(II) by striking ``the status
of'';
(v) in subparagraph (G)--
(I) by inserting ``to the
extent practicable,'' before
``a discussion'';
(II) by striking ``the status
of'';
(III) by inserting ``and
risks'' before ``to national
homeland''; and
(IV) by inserting ``and''
after the semicolon at the end;
(vi) by striking subparagraph (H);
and
(vii) by redesignating subparagraph
(I) as subparagraph (H);
(C) by redesignating paragraph (3) as
paragraph (4); and
(D) by inserting after paragraph (2) the
following new paragraph:
``(3) Documentation.--The Secretary shall retain and,
upon request, provide to Congress the following
documentation regarding each quadrennial homeland
security review:
``(A) Records regarding the consultation
carried out pursuant to subsection (a)(3),
including the following:
``(i) All written communications,
including communications sent out by
the Secretary and feedback submitted to
the Secretary through technology,
online communications tools, in-person
discussions, and the interagency
process.
``(ii) Information on how feedback
received by the Secretary informed each
such quadrennial homeland security
review.
``(B) Information regarding the risk
assessment required pursuant to subsection
(c)(2)(B), including the following:
``(i) The risk model utilized to
generate such risk assessment.
``(ii) Information, including data
used in the risk model, utilized to
generate such risk assessment.
``(iii) Sources of information,
including other risk assessments,
utilized to generate such risk
assessment.
``(iv) Information on assumptions,
weighing factors, and subjective
judgments utilized to generate such
risk assessment, together with
information on the rationale or basis
thereof.'';
(4) by redesignating subsection (d) as subsection
(e); and
(5) by inserting after subsection (c) the following
new subsection:
``(d) Review.--Not later than 90 days after the submission of
each report required under subsection (c)(1), the Secretary
shall provide to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate information on the
degree to which the findings and recommendations developed in
the quadrennial homeland security review that is the subject of
such report were integrated into the acquisition strategy and
expenditure plans for the Department.''.
(b) Effective Date.--The amendments made by this Act shall
apply with respect to a quadrennial homeland security review
conducted after December 31, 2021.
SEC. 59132. BOMBING PREVENTION.
(a) Office for Bombing Prevention.--
(1) In general.--Title XXII of the Homeland Security
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding
at the end the following new subtitle:
``Subtitle E--Bombing Prevention
``SEC. 2251. OFFICE FOR BOMBING PREVENTION.
``(a) Establishment.--There is established within the
Department an Office for Bombing Prevention (in this section
referred to as the `Office').
``(b) Activities.--The Office shall have the primary
responsibility within the Department for enhancing the ability
and coordinating the efforts of the United States to deter,
detect, prevent, protect against, mitigate, and respond to
terrorist explosive threats and attacks in the United States,
including by carrying out the following:
``(1) Advising the Secretary on matters related to
terrorist explosive threats and attacks in the United
States.
``(2) Coordinating the efforts of the Department to
counter terrorist explosive threats and attacks in the
United States, including by carrying out the following:
``(A) Developing, in coordination with the
Under Secretary for Strategy, Policy, and
Plans, the Department's strategy against
terrorist explosives threats and attacks,
including efforts to support the security and
preparedness of critical infrastructure and the
public sector and private sector.
``(B) Leading the prioritization of the
Department's efforts against terrorist
explosive threats and attacks, including
preparedness and operational requirements.
``(C) Ensuring, in coordination with the
Under Secretary for Science and Technology and
the Administrator of the Federal Emergency
Management Agency, the identification,
evaluation, and availability of effective
technology applications through field pilot
testing and acquisition of such technology
applications by the public sector to deter,
detect, prevent, protect against, mitigate, and
respond to terrorist explosive threats and
attacks in the United States.
``(D) Providing advice and recommendations to
the Administrator of the Federal Emergency
Management Agency regarding the effective use
of grants authorized under section 2002.
``(E) In coordination with the Assistant
Secretary for Countering Weapons of Mass
Destruction, aligning Department efforts
related to terrorist explosive threats and
attacks in the United States and weapons of
mass destruction.
``(3) Engaging other Federal departments and
agencies, including Sector Risk Management Agencies,
regarding terrorist explosive threats and attacks in
the United States.
``(4) Facilitating information sharing and decision
support of the public and private sector involved in
deterrence, detection, prevention, protection against,
mitigation of, and response to terrorist explosive
threats and attacks in the United States. Such sharing
and support may include the following:
``(A) Operating and maintaining a secure
information sharing system that allows the
sharing of critical information and data
relating to terrorist explosive attack tactics,
techniques, procedures, and security
capabilities, including information and data
described in paragraph (6) and section 2242.
``(B) Working with international partners, in
coordination with the Office for International
Affairs of the Department, to develop and share
effective practices to deter, prevent, detect,
protect against, mitigate, and respond to
terrorist explosive threats and attacks in the
United States.
``(5) Promoting security awareness among the public
and private sector and the general public regarding the
risks posed by the misuse of explosive precursor
chemicals and other bomb-making materials.
``(6) Providing training, guidance, assessments, and
planning assistance to the public and private sector,
as appropriate, to help counter the risk of terrorist
explosive threats and attacks in the United States.
``(7) Conducting analysis and planning for the
capabilities and requirements necessary for the public
and private sector, as appropriate, to deter, detect,
prevent, protect against, mitigate, and respond to
terrorist explosive threats and attacks in the United
States by carrying out the following:
``(A) Maintaining a database on capabilities
and requirements, including capabilities and
requirements of public safety bomb squads,
explosive detection canine teams, special
tactics teams, public safety dive teams, and
recipients of services described in section
2242.
``(B) Applying the analysis derived from the
database described in subparagraph (A) with
respect to the following:
``(i) Evaluating progress toward
closing identified gaps relating to
national strategic goals and standards
related to deterring, detecting,
preventing, protecting against,
mitigating, and responding to terrorist
explosive threats and attacks in the
United States.
``(ii) Informing decisions relating
to homeland security policy,
assistance, training, research,
development efforts, testing and
evaluation, and related requirements
regarding deterring, detecting,
preventing, protecting against,
mitigating, and responding to terrorist
explosive threats and attacks in the
United States.
``(8) Promoting secure information sharing of
sensitive material and promoting security awareness,
including by carrying out the following:
``(A) Operating and maintaining a secure
information sharing system that allows the
sharing among and between the public and
private sector of critical information relating
to explosive attack tactics, techniques, and
procedures.
``(B) Educating the public and private
sectors about explosive precursor chemicals.
``(C) Working with international partners, in
coordination with the Office for International
Affairs of the Department, to develop and share
effective practices to deter, detect, prevent,
protect against, mitigate, and respond to
terrorist explosive threats and attacks in the
United States.
``(D) Executing national public awareness and
vigilance campaigns relating to terrorist
explosive threats and attacks in the United
States, preventing explosive attacks, and
activities and measures underway to safeguard
the United States.
``(E) Working with relevant stakeholder
organizations.
``(9) Providing any other assistance the Secretary
determines necessary.
``SEC. 2252. COUNTERING EXPLOSIVE DEVICES TECHNICAL ASSISTANCE.
``(a) Establishment.--Upon request, the Secretary shall, to
the extent practicable, provide to the public and private
sector technical assistance services to support the security
and preparedness of such sectors, as appropriate, to counter
terrorist explosive threats and attacks that pose a risk in
certain jurisdictions, including vulnerable and disadvantaged
communities, to critical infrastructure facilities, or to
special events, as appropriate.
``(b) Elements.--Technical assistance services provided
pursuant to subsection (a) shall--
``(1) support the planning and implementation of
effective measures to deter, detect, prevent, protect
against, mitigate, and respond to terrorist explosive
threats and attacks in the United States, including
effective strategic risk management and emergency
operations plans;
``(2) support the security of explosive precursor
chemicals and other bomb-making materials outside of
regulatory control;
``(3) support efforts to prepare for and respond to
bomb threats or other acts involving the malicious
conveyance of false information concerning terrorist
explosive threats and attacks in the United States;
``(4) make available resources to enhance deterrence,
prevention, detection, protection, mitigation, and
response capabilities for terrorist explosive threats
and attacks in the United States, including
coordination and communication, to better integrate
State, local, Tribal, and territorial and private
sector capabilities and assets, as appropriate, with
Federal operations;
``(5) make available augmenting resources, as
appropriate, to enable State, local, Tribal, and
territorial governments to sustain and refresh their
capabilities;
``(6) track performance in meeting the goals and
associated plans of the provision of such technical
assistance; and
``(7) include any other assistance the Secretary
determines necessary.
``SEC. 2253. RELATIONSHIP TO OTHER DEPARTMENT COMPONENTS AND FEDERAL
AGENCIES.
``(a) In General.--The authority of the Secretary under this
subtitle shall not affect or diminish the authority or the
responsibility of any officer of any other Federal agency with
respect to the command, control, or direction of the functions,
personnel, funds, assets, or liabilities of any other such
Federal agency.
``(b) Department Components.--Nothing in this subtitle or any
other provision of law may be construed to affect or reduce the
responsibilities of--
``(1) the Countering Weapons of Mass Destruction
Office or the Assistant Secretary of the Office,
including with respect to any asset, function, or
mission of the Office or the Assistant Secretary, as
the case may be;
``(2) the Federal Emergency Management Agency or the
Administrator of the Agency, including the diversion of
any asset, function, or mission of the Agency or the
Administrator as the case may be; or
``(3) the Transportation Security Administration or
the Administrator of the Administration, including the
diversion of any asset, function, or mission of the
Administration or the Administrator, as the case may
be.''.
(2) Strategy and reports.--
(A) Strategy.--Not later than one year after
the date of the enactment of this section, the
head of the Office for Bombing Prevention of
the Department of Homeland Security
(established pursuant to section 2241 of the
Homeland Security Act of 2002, as added by
paragraph (1)), in consultation with the heads
of other components of the Department and the
heads of other Federal agencies, as
appropriate, shall develop a strategy to align
the Office's activities with the threat
environment and stakeholder needs, and make the
public and private sector aware of the Office's
capabilities. Such strategy shall include the
following elements:
(i) Information on terrorist
explosive threats, tactics, and attacks
in the United States.
(ii) Information, by region of the
United States, regarding public and
private sector entities likely to be
targeted by terrorist explosive threats
and attacks in the United States,
including historically black colleges
and universities and minority serving
institutions, places of worship, health
care facilities, transportation
systems, commercial facilities, and
government facilities.
(iii) Guidance on how outreach to
owners and operators of critical
infrastructure (as such term is defined
in section 1016(e) of Public Law 107-56
(42 U.S.C. 5195c(e))) in a region
should be prioritized.
(iv) A catalogue of the services and
training currently offered by the
Office, and a description of how such
services and trainings assist the
public and private sector to deter,
detect, prevent, protect against,
mitigate, and respond to terrorist
explosive threats and attacks in the
United States.
(v) Long-term objectives of the
Office, including future service and
training offerings.
(vi) Metrics for measuring the
effectiveness of services and trainings
offered by the Office.
(vii) An assessment of resource
requirements necessary to implement
such strategy.
(viii) A description of how the
Office partners with other components
of the Department and other Federal
agencies to carry out its mission.
(B) Reports.--Not later than one year after
the date of the enactment of this section and
annually thereafter, the Secretary of Homeland
Security shall submit to the Committee on
Homeland Security of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate
a report describing the activities of the
Office for Bombing Prevention of the Department
of Homeland Security (established pursuant to
section 2241 of the Homeland Security Act of
2002, as added by paragraph (1)). Each such
report shall include information on the
following:
(i) Changes to terrorist explosive
threats, tactics, and attacks in the
United States.
(ii) Changes to the types of public
and private sector entities likely to
be targeted by terrorist explosive
threats and attacks in the United
States.
(iii) The number of trainings,
assessments, and other engagements
carried out by the Office within each
region of the United States, including
a description of the critical
infrastructure sector or stakeholder
served.
(iv) The number of trainings,
assessments, or other engagements the
Office was asked to conduct but did
not, and an explanation relating
thereto.
(v) The effectiveness of the
trainings, assessments, or other
engagements provided by the Office
based on the metrics described in
subparagraph (A)(vi).
(vi) Any changes or anticipated
changes in the trainings, assessments,
and other engagements, or any other
services, offered by the Office, and an
explanation relating thereto.
(3) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by inserting after the item relating to section
2246 the following new items:
``Subtitle E--Bombing Prevention
``Sec. 2251. Office for Bombing Prevention.
``Sec. 2252. Countering explosive devices technical assistance.
``Sec. 2253. Relationship to other Department components and Federal
agencies.''.
(b) Explosives Technology Development.--
(1) In general.--Title III of the Homeland Security
Act of 2002 (6 U.S.C. 181 et seq.) is further amended
by adding at the end the following new section:
``SEC. 324. EXPLOSIVES RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with
the head of the Office for Bombing Prevention and the Assistant
Secretary for the Countering Weapons of Mass Destruction
Office, and in consultation with the Attorney General, the
Secretary of Defense, and the head of any other relevant
Federal department or agency, including Sector Risk Management
Agencies, shall ensure coordination and information sharing
regarding nonmilitary research, development, testing, and
evaluation activities of the Federal Government relating to the
deterrence, detection, prevention, protection against,
mitigation of, and response to terrorist explosive threats and
attacks in the United States.
``(b) Leveraging Military Research.--The Secretary, acting
through the Under Secretary for Science and Technology, and in
coordination with the head of the Office for Bombing Prevention
and the Assistant Secretary for the Countering of Weapons of
Mass Destruction Office, shall consult with the Secretary of
Defense and the head of any other relevant Federal department
or agency, including Sector Risk Management Agencies, to ensure
that, to the maximum extent possible, military policies and
procedures, and research, development, testing, and evaluation
activities relating to the deterrence, detection, prevention,
protection against, mitigation of, and response to terrorist
explosive threats and attacks in the United States are adapted
to nonmilitary uses.''.
(2) Clerical amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 is
amended by inserting after the item relating to section
323 the following new item:
``Sec. 324. Explosives research and development.''.
SEC. 59133. DHS BASIC TRAINING ACCREDITATION IMPROVEMENT.
(a) Reporting on Basic Training Programs of the Department of
Homeland Security.--
(1) Annual reporting.--
(A) In general.--Not later than 90 days after
the date of the enactment of this Act and
annually thereafter, the Secretary of Homeland
Security shall report to the relevant
congressional committees on the accreditation
status for each basic training program within
the Department of Homeland Security, including
information relating to the following:
(i) The date on which each such
program achieved initial accreditation,
or in the case of a program that is not
currently accredited, the reasons for
not obtaining or maintaining
accreditation, the activities, if any,
taken to achieve accreditation, and an
anticipated timeline for accreditation
of such program.
(ii) The date each such program most
recently received accreditation or
reaccreditation, if applicable.
(iii) Each such program's anticipated
accreditation or next reaccreditation
date.
(iv) The name of the accreditation
manager for each such program.
(B) Termination of reporting requirement.--
Annual reports under subparagraph (A) shall
terminate when all basic training programs of
the Department of Homeland Security are
accredited.
(2) Lapse in accreditation.--
(A) In general.--If a basic training program
of the Department of Homeland Security loses
accreditation, the head of the relevant
component of the Department shall notify the
Secretary of Homeland Security not later than
30 days after such loss.
(B) Notice to congress.--Not later than 30
days after receiving a notification pursuant to
subparagraph (A), the Secretary of Homeland
Security shall notify the relevant
congressional committees of the lapse in
accreditation at issue, the reason for such
lapse, and the activities underway and planned
to regain accreditation.
(3) Definitions.--In this section:
(A) Accreditation.--The term
``accreditation'' means the recognition by a
board that a basic training program is
administered, developed, and delivered
according to an applicable set of standards.
(B) Accreditation manager.--The term
``accreditation manager'' means the individual
assigned by the component of the Department of
Homeland Security to manage accreditation
activities for a basic training program.
(C) Basic training program.--The term ``basic
training program'' means an entry level program
of the Department of Homeland Security that is
transitional to law enforcement service,
provides training on critical competencies and
responsibilities, and is typically a
requirement for appointment to a law
enforcement service job or job series.
(D) Reaccreditation.--The term
``reaccreditation'' means the assessment of a
basic training program after initial
accreditation to ensure the continued
compliance with an applicable set of standards.
(E) Relevant congressional committees.--The
term ``relevant congressional committees''
means the Committee on Homeland Security and
the Committee on the Judiciary of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs and the
Committee of the Judiciary of the Senate.
(b) Research and Development.--The Under Secretary for
Science and Technology of the Department of Homeland Security
shall carry out research and development of systems and
technologies to enhance access to training offered by the
Federal Law Enforcement Training Centers to State, local,
Tribal, and territorial law enforcement, with particular
attention to law enforcement in rural and remote communities,
for the purpose of enhancing domestic preparedness for and
collective response to terrorism and other homeland security
threats.
SEC. 59134. DEPARTMENT OF HOMELAND SECURITY INSPECTOR GENERAL
TRANSPARENCY.
(a) In General.--Subtitle B of title VIII of the Homeland
Security Act of 2002 is amended by inserting before section 812
the following new section:
``SEC. 811. OFFICE OF INSPECTOR GENERAL.
``(a) Publication of Reports.--
``(1) In general.--Beginning not later than 30 days
after the date of the enactment of this section, the
Inspector General of the Department shall submit to the
appropriate congressional committees any report
finalized on and after such date that substantiates--
``(A) a violation of paragraph (8) or (9) of
section 2302(b) of title 5, United States Code,
section 1034 of title 10, United States Code,
or Presidential Personnel Directive-19; or
``(B) an allegation of misconduct, waste,
fraud, abuse, or violation of policy within the
Department involving a member of the Senior
Executive Service or politically appointed
official of the Department.
``(2) Public availability.--
``(A) In general.--Concurrent with the
submission to the appropriate congressional
committees of reports pursuant to paragraph
(1), the Inspector General shall, consistent
with privacy, civil rights, and civil liberties
protections, publish on a publicly available
website of the Inspector General each such
report.
``(B) Exception.--The requirement pursuant to
subparagraph (A) to publish reports does not
apply if section (5)(e)(1) of the Inspector
General Act of 1978 applies to any such report.
``(3) Requirement.--
``(A) In general.--The Inspector General of
the Department may not redact any portion of a
report submitted pursuant to paragraph (1).
``(B) Exception.--The requirement under
subparagraph (A) shall not apply with respect
to the name or any other identifying
information, including any contextual details
not relevant to the audit, inspection, or
evaluation at issue that may be used by other
employees or officers of the Department to
determine the identity of a whistleblower
complainant, of a whistleblower complainant who
does not consent to the inclusion of such in a
report of the Inspector General.
``(b) Semiannual Reporting.--Beginning with the first
semiannual report transmitted to the appropriate committees or
subcommittees of the Congress pursuant to section 5(b) of the
Inspector General Act of 1978 that is transmitted after the
date of the enactment of this section, each such report shall
be accompanied by a list of ongoing audits, inspections, and
evaluations of the Department, together with a narrative
description relating to each such audit, inspection, or
evaluation that identifies the scope of such audit, inspection,
or evaluation, as the case may be, as well as the subject
office, component, or directorate of the Department. For each
such ongoing audit, inspection, or evaluation such narrative
description shall include the following:
``(1) Information relating to the source of each such
audit, inspection, or evaluation.
``(2) Information regarding whether each such audit,
inspection, or evaluation is being conducted
independently, jointly, concurrently, or in some other
manner.
``(3) In the event each such audit, inspection, or
evaluation was initiated due to a referral, the date on
which the Inspector General notified the originator of
a referral of the Inspector General's intention to
carry out such audit, inspection, or evaluation.
``(4) Information relating to the dates on which--
``(A) each such audit, inspection, or
evaluation was initiated;
``(B) a draft report relating to each such
audit, inspection, or evaluation is scheduled
to be submitted to the Secretary for review;
and
``(C) a final report relating to each such
audit, inspection, or evaluation is scheduled
to be submitted to the appropriate
congressional committees and published on the
website of the Inspector General in accordance
with paragraphs (1) and (2), respectively, of
subsection (a).
``(5) An explanation for--
``(A) any significant changes to the
narrative description of each such audit,
inspection, or evaluation, including the
identification of the subject office,
component, or directorate of the Department; or
``(B) a delay of more than 30 days in the
scheduled date for submitting to the Secretary
a draft report for review or publishing on the
website of the Inspector General of the
Department the final report relating to each
such audit, inspection, or evaluation.
``(6) Data regarding tips and complaints made to the
Inspector General Hotline of the Department or
otherwise referred to the Department, including--
``(A) the number and type of tips and
complaints regarding fraud, waste, abuse,
corruption, financial crimes, civil rights and
civil liberty abuse, or other complaints
regarding criminal or non-criminal activity
associated with fraud, waste, or abuse;
``(B) actions taken by the Department to
address or resolve each substantiated tip or
complaint;
``(C) the total amount of time it took the
Department to so address or resolve each such
substantiated tip or complaint;
``(D) the total number of tips and complaints
that are substantiated compared with the number
of tips and complaints that are
unsubstantiated; and
``(E) the percentage of audits, inspections,
and evaluations that are initiated as a result
of tips and complaints made to the Inspector
General Hotline.
``(c) Notification to Congress.--The Inspector General of the
Department shall notify the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate if the head of
an office or component of the Department does not provide in a
timely manner to the Inspector General information or
assistance that is requested by the Inspector General to
conduct an audit, inspection, or evaluation.
``(d) Definition.--In this section, the term `appropriate
congressional committees' means the Committee on Homeland
Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
any committee of the House of Representatives or the Senate,
respectively, having legislative or oversight jurisdiction
under the Rules of the House of Representatives or the Senate,
respectively, over the matter concerned.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
amending the item relating to section 811 to read as follows:
``Sec. 811. Office of Inspector General.''.
(c) Reports.--
(1) Inspector general of dhs.--Not later than one
year after the date of the enactment of this Act, the
Inspector General of the Department of Homeland
Security shall submit to the Committee on Homeland
Security of the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the
Senate, and the Comptroller General of the United
States a report on the policies, procedures, and
internal controls established that ensure compliance
with the Quality Standards for Federal Offices of
Inspector General from the Council of Inspectors
General on Integrity and Efficiency.
(2) Comptroller general.--Not later than one year
after receipt of the report required under paragraph
(1), the Comptroller General of the United States shall
submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an
evaluation of such report.
SEC. 59135. PRESIDENT'S CUP CYBERSECURITY COMPETITION.
(a) In General.--The Director of the Cybersecurity and
Infrastructure Security Agency (in this section referred to as
the ``Director'') of the Department of Homeland Security is
authorized to hold an annual cybersecurity competition to be
known as the ``Department of Homeland Security Cybersecurity
and Infrastructure Security Agency's President's Cup
Cybersecurity Competition'' (in this section referred to as the
``competition'') for the purpose of identifying, challenging,
and competitively awarding prizes, including cash prizes, to
the United States Government's best cybersecurity practitioners
and teams across offensive and defensive cybersecurity
disciplines.
(b) Competition Design.--
(1) In general.--Notwithstanding section 1342 of
title 31, United States Code, the Director, in carrying
out the competition, may consult with, and consider
advice from, any person who has experience or expertise
in the development, design, or execution of
cybersecurity competitions.
(2) Limitation.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to consultations
pursuant to this section.
(3) Prohibition.--A person with whom the Director
consults under paragraph (1) may not--
(A) receive pay by reason of being so
consulted; or
(B) be considered an employee of the Federal
Government by reason of so consulting.
(c) Eligibility.--To be eligible to participate in the
competition, an individual shall be a Federal civilian employee
or member of the uniformed services (as such term is defined in
section 2101(3) of title 5, United States Code) and shall
comply with any rules promulgated by the Director regarding the
competition.
(d) Competition Administration.--The Director may enter into
a grant, contract, cooperative agreement, or other agreement
with a private sector for-profit or nonprofit entity or State
or local government agency to administer the competition.
(e) Competition Parameters.--Each competition shall
incorporate the following elements:
(1) Cybersecurity skills outlined in the National
Initiative for Cybersecurity Education Framework, or
any successor framework.
(2) Individual and team events.
(3) Categories demonstrating offensive and defensive
cyber operations, such as software reverse engineering
and exploitation, network operations, forensics, big
data analysis, cyber analysis, cyber defense, cyber
exploitation, secure programming, obfuscated coding, or
cyber-physical systems.
(4) Any other elements related to paragraphs (1),
(2), or (3) as determined necessary by the Director.
(f) Use of Funds.--
(1) In general.--Notwithstanding any other provision
of law, the Director may use amounts made available to
the Director for the competition for the following:
(A) Advertising, marketing, and promoting the
competition.
(B) Meals for participants and organizers of
the competition if attendance at the meal
during the competition is necessary to maintain
the integrity of the competition.
(C) Promotional items, including merchandise
and apparel.
(D) Monetary and nonmonetary awards for
competition participants, including members of
the uniformed services.
(E) Necessary expenses for the honorary
recognition of competition participants,
including members of the uniformed services.
(F) Any other appropriate activity necessary
to carry out the competition, as determined by
the Director.
(2) Application.--This subsection shall apply to
amounts appropriated on or after the date of the
enactment of this Act.
(g) Prize Limitation.--The Director may make one or more
awards per competition, except that the amount or value of each
shall not exceed $10,000. The Secretary of Homeland Security
may make one or more awards per competition, except the amount
or the value of each shall not to exceed $25,000. A monetary
award under this section shall be in addition to the regular
pay of the recipient.
(h) Reporting Requirements.--The Director shall annually
provide to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes the
following:
(1) A description of available funds under subsection
(f) for each competition conducted in the preceding
year.
(2) A description of expenditures authorized in
subsection (g) for each competition.
(3) Information relating to the participation of each
competition.
(4) Information relating to lessons learned from each
competition and how such lessons may be applied to
improve cybersecurity operations and recruitment of the
Cybersecurity and Infrastructure Security Agency of the
Department of Homeland Security.
SEC. 59136. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING.
(a) In General.--Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by
adding at the end the following new section:
``SEC. 2220E. INDUSTRIAL CONTROL SYSTEMS CYBERSECURITY TRAINING
INITIATIVE.
``(a) Establishment.--
``(1) In general.--The Industrial Control Systems
Cybersecurity Training Initiative (in this section
referred to as the `Initiative') is established within
the Agency.
``(2) Purpose.--The purpose of the Initiative is to
develop and strengthen the skills of the cybersecurity
workforce related to securing industrial control
systems.
``(b) Requirements.--In carrying out the Initiative, the
Director shall--
``(1) ensure the Initiative includes--
``(A) virtual and in-person trainings and
courses provided at no cost to participants;
``(B) trainings and courses available at
different skill levels, including introductory
level courses;
``(C) trainings and courses that cover cyber
defense strategies for industrial control
systems, including an understanding of the
unique cyber threats facing industrial control
systems and the mitigation of security
vulnerabilities in industrial control systems
technology; and
``(D) appropriate consideration regarding the
availability of trainings and courses in
different regions of the United States; and
``(2) engage in--
``(A) collaboration with the National
Laboratories of the Department of Energy in
accordance with section 309;
``(B) consultation with Sector Risk
Management Agencies; and
``(C) as appropriate, consultation with
private sector entities with relevant
expertise, such as vendors of industrial
control systems technologies.
``(c) Reports.--
``(1) In general.--Not later than one year after the
date of the enactment of this section and annually
thereafter, the Director shall submit to the Committee
on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the Initiative.
``(2) Contents.--Each report under paragraph (1)
shall include the following:
``(A) A description of the courses provided
under the Initiative.
``(B) A description of outreach efforts to
raise awareness of the availability of such
courses.
``(C) Information on the number and
demographics of participants in such courses,
including by gender, race, and place of
residence.
``(D) Information on the participation in
such courses of workers from each critical
infrastructure sector.
``(E) Plans for expanding access to
industrial control systems education and
training, including expanding access to women
and underrepresented populations, and expanding
access to different regions of the United
States.
``(F) Recommendations on how to strengthen
the state of industrial control systems
cybersecurity education and training.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 2220D the
following new item:
``Sec. 2220E. Industrial Control Systems Cybersecurity Training
Initiative.''.
SEC. 59137. TSA REACHING ACROSS NATIONALITIES, SOCIETIES, AND LANGUAGES
TO ADVANCE TRAVELER EDUCATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the
Transportation Security Administration (TSA) shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to ensure that TSA material
disseminated in major airports can be better understood by more
people accessing such airports.
(b) Contents.--The plan required under subsection (a) shall
include the following:
(1) An identification of the most common languages
other than English that are the primary languages of
individuals that travel through or work in each major
airport.
(2) A plan to improve--
(A) TSA materials to communicate information
in languages identified pursuant to paragraph
(1); and
(B) the communication of TSA material to
individuals with vision or hearing impairments
or other possible barriers to understanding
such material.
(c) Considerations.--In developing the plan required under
subsection (a), the Administrator of the TSA, acting through
the Office of Civil Rights and Liberties, Ombudsman, and
Traveler Engagement of the TSA, shall take into consideration
data regarding the following:
(1) International enplanements.
(2) Local populations surrounding major airports.
(3) Languages spoken by members of Indian Tribes
within each service area population in which a major
airport is located.
(d) Implementation.--Not later than 180 days after the
submission of the plan required under subsection (a), the
Administrator of the TSA, in consultation with the owner or
operator of each major airport, shall implement such plan.
(e) GAO Review.--Not later than one year after the
implementation pursuant to subsection (d) of the plan required
under subsection (a), the Comptroller General of the United
States shall submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a review of such
implementation.
(f) Definitions.--In this section:
(1) Airport.--The term ``airport'' has the meaning
given such term in section 40102 of title 49, United
States Code.
(2) Indian tribe.--The term ``Indian Tribe'' means an
Indian Tribe, as such term is defined in section 102 of
the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5130), individually identified (including
parenthetically) in the list published most recently as
of the date of the enactment of this Act pursuant to
section 104 of that Act (25 U.S.C. 5131).
(3) Major airports.--The term ``major airports''
means Category X and Category I airports.
(4) Non-traveling individual.--The term ``non-
traveling individual'' has the meaning given such term
in section 1560.3 of title 49, Code of Federal
Regulations.
(5) TSA material.--The term ``TSA material'' means
signs, videos, audio messages, websites, press
releases, social media postings, and other
communications published and disseminated by the
Administrator of the TSA in Category X and Category I
airports for use by both traveling and non-traveling
individuals.
SEC. 59138. BEST PRACTICES RELATED TO CERTAIN INFORMATION COLLECTED BY
RENTAL COMPANIES AND DEALERS (DARREN DRAKE).
(a) Development and Dissemination.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Homeland Security shall develop and disseminate best
practices for rental companies and dealers to report
suspicious behavior to law enforcement agencies at the
point of sale of a covered rental vehicle.
(2) Consultation; updates.--The Secretary shall
develop and, as necessary, update the best practices
described in paragraph (1) after consultation with
Federal, State, local, and Tribal law enforcement
agencies and relevant transportation security
stakeholders.
(3) Guidance on suspicious behavior.--The Secretary
shall include, in the best practices developed under
paragraph (1), guidance on defining and identifying
suspicious behavior in a manner that protects civil
rights and civil liberties.
(b) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit to Congress a report on the
implementation of this section, including an assessment of--
(1) the impact of the best practices described in
subsection (a) on efforts to protect the United States
against terrorist attacks; and
(2) ways to improve and expand cooperation and
engagement between--
(A) the Department of Homeland Security;
(B) Federal, State, local, and Tribal law
enforcement agencies; and
(C) rental companies, dealers, and other
relevant rental industry stakeholders.
(c) Definitions.--In this section:
(1) The terms ``dealer'' and ``rental company'' have
the meanings given those terms in section 30102 of
title 49, United States Code.
(2) The term ``covered rental vehicle'' means a motor
vehicle that--
(A) is rented without a driver for an initial
term of less than 4 months; and
(B) is part of a motor vehicle fleet of 35 or
more motor vehicles that are used for rental
purposes by a rental company.
SEC. 59139. ONE-STOP PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Transportation Security
Administration.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the
House of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Commerce, Science, and Transportation of the
Senate.
(3) TSA.--The term ``TSA'' means the Transportation
Security Administration of the Department of Homeland
Security.
(b) Establishment.--Notwithstanding 44901(a) of title 49,
United States Code, the Administrator, in coordination with the
Commissioner of U.S. Customs and Border Protection, may
establish a pilot program at not more than six foreign last
point of departure airports to permit passengers and their
accessible property arriving on direct flights or flight
segments originating at such participating foreign airports to
continue on additional flights or flight segments originating
in the United States without additional security re-screening
if--
(1) the initial screening was conducted in accordance
with an aviation security screening agreement described
in subsection (e);
(2) passengers arriving from participating foreign
airports are unable to access their checked baggage
until the arrival at their final destination; and
(3) upon arrival in the United States, passengers
arriving from participating foreign airports do not
come into contact with other arriving international
passengers, those passengers' property, or other
persons who have not been screened or subjected to
other appropriate security controls required for entry
into the airport's sterile area.
(c) Requirements for Pilot Program.--In carrying out this
section, the Administrator shall ensure that there is no
reduction in the level of security or specific TSA aviation
security standards or requirements for screening passengers and
their property prior to boarding an international flight bound
for the United States, including specific aviation security
standards and requirements regarding--
(1) high risk passengers and their property;
(2) weapons, explosives, and incendiaries;
(3) screening passengers and property transferring at
a foreign last point of departure airport from another
airport and bound for the United States, and addressing
any commingling of such passengers and property with
passengers and property screened under the pilot
program described in subsection (b); and
(4) insider risk at foreign last point of departure
airports.
(d) Re-screening of Checked Baggage.--Subject to subsection
(f), the Administrator may determine whether checked baggage
arriving from participating foreign airports referenced in
subsection (b) that screen using an explosives detection system
must be re-screened in the United States by an explosives
detection system before such baggage continues on any
additional flight or flight segment.
(e) Aviation Security Screening Agreement.--An aviation
security screening agreement described in this subsection is a
treaty, executive agreement, or other international arrangement
that--
(1)(A) in the case of a treaty or executive
agreement, is signed by the President; and
(B) in the case of an international agreement, is
signed by only the President, Secretary of Homeland
Security, or Administrator, without delegating such
authority; and
(2) is entered into with a foreign country that
delineates and implements security standards and
protocols utilized at a foreign last point of departure
airport that are determined by the Administrator--
(A) to be comparable to those of the United
States; and
(B) sufficiently effective to enable
passengers and their accessible property to
deplane into sterile areas of airports in the
United States without the need for re-
screening.
(f) Re-screening Requirement.--
(1) In general.--If the Administrator determines that
a foreign country participating in the aviation
security screening agreement has not maintained and
implemented security standards and protocols comparable
to those of the United States at foreign last point of
departure airports at which a pilot program has been
established in accordance with this section, the
Administrator shall ensure that passengers and their
property arriving from such airports are re-screened in
the United States, including by using explosives
detection systems in accordance with section
44901(d)(1) of title 49, United States Code, and
implementing regulations and directives, before such
passengers and their property are permitted into
sterile areas of airports in the United States.
(2) Consultation.--If the Administrator has
reasonable grounds to believe that the other party to
an aviation security screening agreement has not
complied with such agreement, the Administrator shall
request immediate consultation with such party.
(3) Suspension or termination of agreement.--If a
satisfactory resolution between TSA and a foreign
country is not reached within 45 days after a
consultation request under paragraph (2) or in the case
of the foreign country's continued or egregious failure
to maintain the security standards and protocols
described in paragraph (1), the President, Secretary of
Homeland Security, or Administrator, as appropriate,
shall suspend or terminate the aviation security
screening agreement with such country, as determined
appropriate by the President, Secretary of Homeland
Security, or Administrator. The Administrator shall
notify the appropriate congressional committees of such
consultation and suspension or termination, as the case
may be, not later than seven days after such
consultation and suspension or termination.
(g) Briefings to Congress.--Not later than 45 days before an
aviation security screening agreement described in subsection
(e) enters into force, the Administrator shall submit to the
appropriate congressional committees--
(1) an aviation security threat assessment for the
country in which such foreign last point of departure
airport is located;
(2) information regarding any corresponding
mitigation efforts to address any security issues
identified in such threat assessment, including any
plans for joint covert testing;
(3) information on potential security vulnerabilities
associated with commencing a pilot program at such
foreign last point of departure airport pursuant to
subsection (b) and mitigation plans to address such
potential security vulnerabilities;
(4) an assessment of the impacts such pilot program
will have on aviation security;
(5) an assessment of the screening performed at such
foreign last point of departure airport, including the
feasibility of TSA personnel monitoring screening,
security protocols, and standards;
(6) information regarding identifying the entity or
entities responsible for screening passengers and
property at such foreign last point of departure
airport;
(7) the name of the entity or local authority and any
contractor or subcontractor;
(8) information regarding the screening requirements
relating to such aviation security screening agreement;
(9) details regarding information sharing mechanisms
between the TSA and such foreign last point of
departure airport, screening authority, or entity
responsible for screening provided for under such
aviation security screening agreement; and
(10) a copy of the aviation security screening
agreement, which shall identify the foreign last point
of departure airport or airports at which a pilot
program under this section is to be established.
(h) Certifications Relating to the Pilot Program for One-stop
Security.--For each aviation security screening agreement
described in subsection (e), the Administrator shall submit to
the appropriate congressional committees--
(1)(A) a certification that such agreement satisfies
all of the requirements specified in subsection (c); or
(B) in the event that one or more of such
requirements are not so satisfied, a description of the
unsatisfied requirement and information on what actions
the Administrator will take to ensure that such
remaining requirements are satisfied before such
agreement enters into force;
(2) a certification that TSA and U.S. Customs and
Border Protection have ensured that any necessary
physical modifications or appropriate mitigations exist
in the domestic one-stop security pilot program airport
prior to receiving international passengers from a last
point of departure airport under the aviation security
screening agreement;
(3) a certification that a foreign last point of
departure airport covered by an aviation security
screening agreement has an operation to screen all
checked bags as required by law, regulation, or
international agreement, including the full utilization
of explosives detection systems to the extent
applicable; and
(4) a certification that the Administrator consulted
with stakeholders, including air carriers, aviation
nonprofit labor organizations, airport operators,
relevant interagency partners, and other stakeholders
that the Administrator determines appropriate.
(i) Report to Congress.--Not later than five years after the
date of the enactment of this Act, the Secretary of Homeland
Security, in coordination with the Administrator, shall submit
a report to the appropriate congressional committees regarding
the implementation of the pilot program authorized under this
section, including information relating to--
(1) the impact of such program on homeland security
and international aviation security, including any
benefits and challenges of such program;
(2) the impact of such program on passengers,
airports, and air carriers, including any benefits and
challenges of such program; and
(3) the impact and feasibility of continuing such
program or expanding it into a more permanent program,
including any benefits and challenges of such
continuation or expansion.
(j) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of U.S. Customs and Border
Protection to inspect persons and baggage arriving in the
United States in accordance with applicable law.
(k) Sunset.--The pilot program authorized under this section
shall terminate on the date that is six years after the date of
the enactment of this Act.
SEC. 59140. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE.
(a) Counter Illicit Cross-border Tunnel Operations Strategic
Plan.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Commissioner of
U.S. Customs and Border Protection, in coordination
with the Under Secretary for Science and Technology,
and, as appropriate, other officials of the Department
of Homeland Security, shall develop a counter illicit
cross-border tunnel operations strategic plan (in this
section referred to as the ``strategic plan'') to
address the following:
(A) Risk-based criteria to be used to
prioritize the identification, breach,
assessment, and remediation of illicit cross-
border tunnels.
(B) Promote the use of innovative
technologies to identify, breach, assess, and
remediate illicit cross-border tunnels in a
manner that, among other considerations,
reduces the impact of such activities on
surrounding communities.
(C) Processes to share relevant illicit
cross-border tunnel location, operations, and
technical information.
(D) Indicators of specific types of illicit
cross-border tunnels found in each U.S. Border
Patrol sector identified through operations to
be periodically disseminated to U.S. Border
Patrol sector chiefs to educate field
personnel.
(E) A counter illicit cross-border tunnel
operations resource needs assessment that
includes consideration of the following:
(i) Technology needs.
(ii) Staffing needs, including the
following:
(I) A position description
for counter illicit cross-
border tunnel operations
personnel.
(II) Any specialized skills
required of such personnel.
(III) The number of such full
time personnel, disaggregated
by U.S. Border Patrol sector.
(2) Report to congress on strategic plan.--Not later
than one year after the development of the strategic
plan, the Commissioner of U.S. Customs and Border
Protection shall submit to the Committee on Homeland
Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
of the Senate a report on the implementation of the
strategic plan.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to the Commissioner of U.S. Customs and Border
Protection $1,000,000 for each of fiscal years 2023 and 2024 to
carry out--
(1) the development of the strategic plan; and
(2) remediation operations of illicit cross-border
tunnels in accordance with the strategic plan to the
maximum extent practicable.
SEC. 59141. PREVENT EXPOSURE TO NARCOTICS AND TOXICS.
(a) Training for U.S. Customs and Border Protection Personnel
on the Use of Containment Devices to Prevent Secondary Exposure
to Fentanyl and Other Potentially Lethal Substances.--Paragraph
(1) of section 416(b) of the Homeland Security Act of 2002 (6
U.S.C. 216(b)) is amended by adding at the end the following
new subparagraph:
``(C) How to use containment devices to
prevent secondary exposure to fentanyl and
other potentially lethal substances.''.
(b) Availability of Containment Devices.--Section 416(c) of
the Homeland Security Act of 2002 (6 U.S.C. 216(c)) is
amended--
(1) by striking ``and'' after ``equipment'' and
inserting a comma; and
(2) by inserting ``and containment devices'' after
``naloxone,''.
Subtitle D--Technical, Conforming, and Clerical Amendments
SEC. 59151. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
The table of contents in section 1(b) of the Homeland
Security Act of 2002 is amended by--
(1) amending the items relating to sections 435 and
436 to read as follows:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.'';
(2) amending the item relating to section 1617 to
read as follows:
``Sec. 1617. Diversified security technology industry marketplace.'';
(3) amending the item relating to section 1621 to
read as follows:
``Sec. 1621. Maintenance validation and oversight.''; and
(4) amending the item relating to section 2103 to
read as follows:
``Sec. 2103. Protection and sharing of information.''.
----------
421. An Amendment To Be Offered by Representative Courtney of
Connecticut or His Designee, Debatable for 10 Minutes
At the end of title LIV of division E, add the following:
SEC. 54__. ADDITION OF UNITED KINGDOM AND AUSTRALIA AS DPA DOMESTIC
SOURCES.
Section 702(7)(A) of the Defense Production Act of 1950 (50
U.S.C. 4552(7)(A)) is amended by striking ``United States or
Canada'' and inserting ``United States, the United Kingdom of
Great Britain and Northern Ireland, Australia, or Canada''.
----------
422. 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. ___. RESTRICTION OF ENTITIES FROM USING FEDERAL FUNDS FROM
ENGAGING, ENTERING INTO, AND AWARDING PUBLIC WORKS
CONTRACTS.
(a) In General.--Chapter 33 of title 40, United States Code,
is amended by adding at the end the following:
``Sec. 3320. Restriction of entities from using Federal funds to
engage, enter into, and award public works
contracts
``(a) In General.--Notwithstanding any other provision of
law, Federal funds may not be provided to any covered entity
for any covered public works project.
``(b) Requirements.--Any entity receiving funds for any
covered public works project shall be free from any
obligations, influences, or connections to any covered entity.
``(c) Exception.--This section shall only apply to projects
that are located in the United States.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity'
means any entity that--
``(A) is headquartered in China;
``(B) is owned, directed, controlled,
financed, or influenced directly or indirectly
by the Government of the People's Republic of
China, the CCP, or the Chinese military,
including any entity for which the Government
of the People's Republic of China, the CCP, or
the Chinese military have the ability, through
ownership of a majority or a dominant minority
of the total outstanding voting interest in an
entity, board representation, proxy voting, a
special share, contractual arrangements, formal
or informal arrangements to act in concert, or
other means, to determine, direct, or decide
for an entity in an important manner; or
``(C) is a parent, subsidiary, or affiliate
of any entity described in subparagraph (B).
``(2) Covered public works project.--The term
`covered public works project' means any project of the
construction, repair, renovation, or maintenance of
public buildings, structures, sewers, water works,
roads, bridges, docks, underpasses and viaducts, as
well as any other improvement to be constructed,
repaired or renovated or maintained on public property
to be paid, in whole or in part, with public funds or
with financing to be retired with public funds in the
form of lease payments or otherwise.''.
(b) Clerical Amendment.--The analysis for chapter 33 of title
40, United States Code, is amended by adding at the end the
following:
``3320. Restriction of entities from using Federal funds to engage,
enter into, and award public works contracts.''.
(c) Non-Federal Public Works.--Chapter 35 of title 40, United
States Code, is amended by adding at the end the following:
``Sec. 3506. Restriction of States and local governments from using
Federal funds to engage, enter into, and award
public works contracts
``(a) In General.--A State or local government receiving
Federal funds may not provide such funds to any covered entity
for any covered public works project.
``(b) Requirements.--A State or local government shall verify
that any entity receiving funds for any covered public works
project is free from any obligations, influences, or
connections to any covered entity.
``(c) Exception.--This section shall only apply to projects
that are located in a State.
``(d) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity'
means any entity that--
``(A) is headquartered in China;
``(B) is owned, directed, controlled,
financed, or influenced directly or indirectly
by the Government of the People's Republic of
China, the CCP, or the Chinese military,
including any entity for which the Government
of the People's Republic of China, the CCP, or
the Chinese military have the ability, through
ownership of a majority or a dominant minority
of the total outstanding voting interest in an
entity, board representation, proxy voting, a
special share, contractual arrangements, formal
or informal arrangements to act in concert, or
other means, to determine, direct, or decide
for an entity in an important manner; or
``(C) is a parent, subsidiary, or affiliate
of any entity described in subparagraph (B).
``(2) Covered public works project.--The term
`covered public works project' means any project of the
construction, repair, renovation, or maintenance of
public buildings, structures, sewers, water works,
roads, bridges, docks, underpasses and viaducts, as
well as any other improvement to be constructed,
repaired or renovated or maintained on public property
to be paid, in whole or in part, with public funds or
with financing to be retired with public funds in the
form of lease payments or otherwise.''.
(d) Clerical Amendment.--The analysis for chapter 35 of title
40, United States Code, is amended by adding at the end the
following:
``3506. Restriction of States and local governments from using Federal
funds to engage, enter into, and award public works
contracts.''.
(e) Updating Regulations.--The Federal Acquisition Regulation
and the Defense Federal Acquisition Regulation shall be revised
to implement the provisions of this Act.
(f) Rule of Applicability.--The amendments made by this
section shall take effect, and shall apply to projects
beginning on or after, 180 days after the date of enactment of
this Act.
----------
423. An Amendment To Be Offered by Representative Garcia of Texas or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title VII the following:
SEC. ___ AFFILIATES SHARING PILOT PROGRAM.
Section 5318(g)(8)(B)(iii) of title 31, United States Code,
is amended by striking ``3 years after the date of enactment of
this paragraph'' and inserting ``3 years after the date that
the Secretary of the Treasury issues rules pursuant to
subparagraph (A)''.
----------
424. An Amendment To Be Offered by Representative Demings of Florida or
Her Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. OPEN TECHNOLOGY FUND GRANTS.
(a) In General.--In addition to grants made to the Open
Technology Fund of the United States Agency for Global Media
pursuant to section 305 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6204) to make grants for
the purposes specified in section 309A of such Act (22 U.S.C.
6208a), the Open Technology Fund may make grants to eligible
entities to surge and sustain support for internet freedom
technologies to counter acute escalations in censorship in
closed countries.
(b) Methodology.--Grants under this section shall be made
competitively, and shall be subject to audits by the Open
Technology Fund to ensure that technologies described in
subsection (a) are secure and have not been compromised in a
manner detrimental to the interests of the United States or to
individuals or organizations benefitting from programs
supported by such grants.
(c) Reporting.--The Open Technology Fund shall annually
submit to the Committee on Foreign Affairs, the Committee on
Appropriations, and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee
on Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate a report on
grants made and activities carried out pursuant to such grants
during the immediately preceding fiscal year.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated $5,000,000 for each of fiscal years 2023
through 2027 to carry out this section.
(2) Availability.--Amounts authorized to be
appropriated pursuant to this subsection are authorized
to remain available until expended.
(e) Definitions.--In this section:
(1) Closed countries.--The term ``closed countries''
means countries in which democratic participation, free
expression, freedom of movement, or access to
information is suppressed or explicitly prohibited
through political, judicial, social, or technical
means, or as otherwise determined by the Secretary of
State, the Chief Executive Officer for the United
States Agency for Global Media, or the President of the
Open Technology Fund.
(2) Eligible entities.--The term ``eligible
entities'' means public or private sector entities with
proven and already-deployed technology relating to
surging and sustaining support for internet freedom
technologies to counter acute escalations in censorship
in closed countries.
----------
425. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
Add at the end of title LII of division E the following:
SEC. 5206. BUILDING CYBER RESILIENCE AFTER SOLARWINDS.
(a) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in
section 1016(e) of Public Law 107-56 (42 U.S.C.
5195c(e)).
(2) Director.--The term ``Director'' shall refer to
the Director of the Cybersecurity and Infrastructure
Security Agency.
(3) Information system.--The term ``information
system'' has the meaning given such term in section
2240 of the Homeland Security Act of 2002 (6 U.S.C.
681).
(4) Significant cyber incident.--The term
``significant cyber incident'' has the meaning given
such term in section 2240 of the Homeland Security Act
of 2002.
(5) Solarwinds incident.--The term ``SolarWinds
incident'' refers to the significant cyber incident
that prompted the establishment of a Unified Cyber
Coordination Group, as provided by section V(B)(2) of
Presidential Policy Directive 41, in December 2020.
(b) SolarWinds Investigation and Report.--
(1) Investigation.--The Director, in consultation
with the National Cyber Director and the heads of other
relevant Federal departments and agencies, shall carry
out an investigation to evaluate the impact of the
SolarWinds incident on information systems owned and
operated by Federal departments and agencies, and, to
the extent practicable, other critical infrastructure.
(2) Elements.--In carrying out subsection (b), the
Director shall review the following:
(A) The extent to which Federal information
systems were accessed, compromised, or
otherwise impacted by the SolarWinds incident,
and any potential ongoing security concerns or
consequences arising from such incident.
(B) The extent to which information systems
that support other critical infrastructure were
accessed, compromised, or otherwise impacted by
the SolarWinds incident, where such information
is available to the Director.
(C) Any ongoing security concerns or
consequences arising from the SolarWinds
incident, including any sensitive information
that may have been accessed or exploited in a
manner that poses a threat to national
security.
(D) Implementation of Executive Order 14028
(Improving the Nation's Cybersecurity (May 12,
2021)).
(E) Efforts taken by the Director, the heads
of Federal departments and agencies, and
critical infrastructure owners and operators to
address cybersecurity vulnerabilities and
mitigate risks associated with the SolarWinds
incident.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director shall submit to the
Committee on Homeland Security in the House of Representatives
and Committee on Homeland Security and Government Affairs in
the Senate a report that includes the following:
(1) Findings for each of the elements specified in
subsection (b).
(2) Recommendations to address security gaps, improve
incident response efforts, and prevent similar cyber
incidents.
(3) Any areas where the Director lacked the
information necessary to fully review and assessment
such elements, the reason the information necessary was
unavailable, and recommendations to close such
informational gaps.
(d) GAO Report on Cyber Safety Review Board.--Not later than
one year after the date of the enactment of this Act, the
Comptroller General of the United States shall evaluate the
activities of the Cyber Safety Review Board established
pursuant to Executive Order 14028 (Improving the Nation's
Cybersecurity (May 12, 2021)), with a focus on the Board's
inaugural review announced in February 2022, and assess whether
the Board has the authorities, resources, and expertise
necessary to carry out its mission of reviewing and assessing
significant cyber incidents.
----------
426. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. 58___. ADMISSION OF ESSENTIAL SCIENTISTS AND TECHNICAL EXPERTS TO
PROMOTE AND PROTECT NATIONAL SECURITY INNOVATION
BASE.
(a) Special Immigrant Status.--In accordance with the
procedures established under subsection (f)(1), and subject to
subsection (c)(1), the Secretary of Homeland Security may
provide an alien described in subsection (b) (and the spouse
and each child of the alien if accompanying or following to
join the alien) with the status of a special immigrant under
section 101(a)(27) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)), if the alien--
(1) submits a classification petition under section
204(a)(1)(G)(i) of such Act (8 U.S.C.
1154(a)(1)(G)(i)); and
(2) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for lawful permanent residence.
(b) Aliens Described.--An alien is described in this
subsection if--
(1) the alien--
(A) is 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 2023 through
2032; and
(B) 100 in fiscal year 2033 and each fiscal
year thereafter.
(2) Exclusion from numerical limitation.--Aliens
provided special immigrant status under this section
shall not be counted against the numerical limitations
under sections 201(d), 202(a), and 203(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1151(d),
1152(a), and 1153(b)(4)).
(d) Defense Competition for Scientists and Technical
Experts.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop
and implement a process to select, on a competitive basis from
among individuals described in subsection (b), individuals for
recommendation to the Secretary of Homeland Security for
special immigrant status described in subsection (a).
(e) Authorities.--In carrying out this section, the Secretary
of Defense shall authorize appropriate personnel of the
Department of Defense to use all personnel and management
authorities available to the Department, including the
personnel and management authorities provided to the science
and technology reinvention laboratories, the Major Range and
Test Facility Base (as defined in 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.
----------
427. An Amendment To Be Offered by Representative Garbarino of New York
or His Designee, Debatable for 10 Minutes
Add at the end of title LII of division E the following:
SEC. 5206. CISA DIRECTOR APPOINTMENT AND TERM.
Subsection (b) of section 2202 of the Homeland Security Act
of 2002 (6 U.S.C. 652) is amended--
(1) in paragraph (1), by adding at the end the
following new sentence: ``The Director shall be
appointed by the President, by and with the advice and
consent of the Senate.'';
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(3) by inserting after paragraph (1) the following
new paragraph:
``(2) Term.--Effective with respect to an individual
appointed pursuant to paragraph (1) after the date of
the enactment of this paragraph, the term of office of
such an individual so appointed shall be five years.
The term of office of the individual serving as the
Director on the day before such date of enactment shall
be five years beginning from the date on which such
Director began serving.''.
----------
428. An Amendment To Be Offered by Representative Lamb of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, insert the
following:
SEC. __. STRATEGIC TRANSFORMER RESERVE AND RESILIENCE.
(a) Plan and Report.--Not later than 18 months after the date
of enactment of this section, the Secretary shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing--
(1) a plan for reducing the vulnerability of the
electric grid to physical attack, cyber attack,
electromagnetic pulse, geomagnetic disturbances, severe
weather, climate change, and seismic events, including
by--
(A) establishing a strategic transformer
reserve that ensures that large power
transformers, generator step-up transformers,
power conversion equipment, and other critical
electric grid equipment are strategically
located to ensure timely replacement of such
equipment as may be necessary to restore
electric grid function rapidly in the event of
severe damage to the electric grid due to
physical attack, cyber attack, electromagnetic
pulse, geomagnetic disturbances, severe
weather, climate change, or seismic events; and
(B) establishing a coordinated plan to
facilitate transportation of large power
transformers, generator step-up transformers,
power conversion equipment, and other critical
electric grid equipment; and
(2) an evaluation of the benefits of establishing
such a strategic transformer reserve, including the
benefits of purchasing critical electric grid equipment
that is made of iron and steel products produced in the
United States.
(b) Transformer Resilience.--The Secretary shall--
(1) improve large power transformers, generator step-
up transformers, power conversion equipment, and other
critical electric grid equipment by reducing their
vulnerabilities;
(2) develop, test, and deploy innovative equipment
designs that are more flexible and offer greater
resiliency of electric grid functions;
(3) coordinate with industry and manufacturers to
standardize large power transformers, generator step-up
transformers, power conversion equipment, and other
critical electric grid equipment;
(4) monitor and test large power transformers,
generator step-up transformers, power conversion
equipment, and other critical electric grid equipment
that the Secretary determines may pose a risk to the
bulk-power system or national security; and
(5) facilitate the domestic manufacturing of large
power transformers, generator step-up transformers,
power conversion equipment, and other critical electric
grid equipment through the issuance of grants and
loans, and through the provision of technical support.
(c) Consultation.--In carrying out this section, the
Secretary shall consult with the Federal Energy Regulatory
Commission, the Electricity Subsector Coordinating Council, the
Electric Reliability Organization, manufacturers, and owners
and operators of critical electric infrastructure and defense
and military installations.
(d) Prevailing Wages.--Any laborer or mechanic employed by
any contractor or subcontractor in the performance of work
funded directly, or assisted in whole or in part, by the
Federal Government pursuant to this section shall be paid wages
at rates not less than those prevailing on work of a similar
character in the locality, as determined by the Secretary of
Labor under subchapter IV of chapter 31 of title 40, United
States Code (commonly referred to as the Davis-Bacon Act). With
respect to the labor standards in this subsection, the
Secretary of Labor shall have the authority and functions set
forth in Reorganization Plan Numbered 14 of 1950 (64 Stat.
1267; 5 U.S.C. App.) and section 3145 of title 40, United
States Code.
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $75,000,000 for each
of fiscal years 2022 through 2026, and such amounts shall
remain available until expended.
(f) Definitions.--In this section:
(1) The terms ``bulk-power system'' and ``Electric
Reliability Organization'' have the meaning given such
terms in section 215 of the Federal Power Act (16
U.S.C. 824o).
(2) The term ``critical electric infrastructure'' has
the meaning given such term in section 215A of the
Federal Power Act (16 U.S.C. 824o-1).
(3) The term ``iron and steel products'' includes
electrical steel used in the manufacture of--
(A) transformers; and
(B) laminations, cores, and other transformer
components.
(4) The term ``produced in the United States'' means,
with respect to iron and steel products, that all
manufacturing processes, from the initial melting stage
through the application of coatings, occurred in the
United States.
(1) The terms ``Regional Transmission Organization'',
``Independent System Operator'', and ``State regulatory
authority'' have the meaning given such terms in
section 3 of the Federal Power Act (16 U.S.C. 796).
(2) The term ``Secretary'' means the Secretary of
Energy.
----------
429. An Amendment To Be Offered by Representative Maloney of New York
or Her Designee, Debatable for 10 Minutes
At the end of division E, insert the following:
SEC. 5806. AI IN COUNTERTERRORISM OVERSIGHT ENHANCEMENT.
(a) Short Title.--This section may be cited as the ``AI in
Counterterrorism Oversight Enhancement Act''.
(b) Oversight of Use of Artificial Intelligence-enabled
Technologies by Executive Branch for Counterterrorism
Purposes.--
(1) Amendments to authorities and responsibilities of
privacy and civil liberties officers.--Section 1062 of
the Intelligence Reform and Terrorism Prevention Act of
2004 (42 U.S.C. 2000ee-1) is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (3)
and (4) as paragraphs (4) and (5);
(ii) by inserting after paragraph (2)
the following new paragraph:
``(3) provide to the Privacy and Civil Liberties
Oversight Board, with respect to covered artificial
intelligence-enabled technologies--
``(A) not later than 180 days after the date
on which this paragraph takes effect, and every
6 months thereafter, written notice of the use
of such technologies or the planned evaluation,
use, development, acquisition, retention of
services for, or repurposing of such
technologies;
``(B) access to associated impact statements,
including system of record notices, privacy
impact assessments, and civil liberties impact
assessments;
``(C) access to associated information and
materials documenting--
``(i) the processes for data
collection related to such
technologies, for obtaining consent
related to the use of such
technologies, or for the disclosure of
the use of such technologies;
``(ii) the algorithms and models of
such technologies;
``(iii) the data resources used, or
to be used, in the training of such
technologies, including a comprehensive
listing of any data assets or public
data assets (or any combination
thereof) used, or to be used, in the
training of such technologies;
``(iv) data governance processes and
procedures, including acquisition,
protection, retention, sharing, and
access, related to data resources
associated with such technologies; and
``(v) processes for training and
testing, evaluating, validating, and
modifying such technologies; and
``(D) access to all other associated
information and materials.'';
(B) in subsection (d)(1), by inserting
``(including as described under subsection
(a)(3))'' after ``officer''; and
(C) by adding at the end the following:
``(i) Definitions.--In this section:
``(1) Artificial intelligence.--The term `artificial
intelligence' has the meaning given that term in
section 238(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 2358 note).
``(2) Covered artificial intelligence-enabled
technology.--The term `covered artificial intelligence-
enabled technology' means an artificial intelligence-
enabled technology (including a classified
technology)--
``(A) in use by the applicable department,
agency, or element to protect the Nation from
terrorism; or
``(B) that the applicable department, agency,
or element plans to evaluate, develop, acquire,
retain, or repurpose to protect the Nation from
terrorism.
``(3) Data asset; public data asset.--The terms `data
asset' and `public data asset' have the meaning given
those terms in section 3502 of title 44, United States
Code.''.
(2) Self-assessment by privacy and civil liberties
oversight board.--Not later than one year after the
date of the enactment of this Act, the Privacy and
Civil Liberties Oversight Board under section 1061 of
the Intelligence Reform and Terrorism Prevention Act of
2004 (42 U.S.C. 2000ee) shall provide to the
appropriate committees (as described in subsection (e)
of such section) a self-assessment of any change in
authorities, resources, or organizational structure
that may be necessary to carry out the functions
described in subsection (d) of such section related to
artificial intelligence-enabled technologies.
(3) Definition.--In this section, the term
``artificial intelligence'' has the meaning given that
term in section 238(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. 2358 note).
(4) Effective date.--Paragraphs (1) and (2), and the
amendments made by such paragraphs, shall take effect
on the date that is one year after the date of the
enactment of this Act.
----------
430. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
Insert in the appropriate place in title LVIII the following:
SEC. __. ELIMINATION OF TERMINATION CLAUSE FOR GLOBAL ENGAGEMENT
CENTER.
Section 1287 of Public Law 114-328 is amended by striking
subsection (j).
----------
431. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, add the following:
SEC. 58___. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS CIVIL
RELIEF ACT.
(a) In General.--Section 102 of the Servicemembers Civil
Relief Act (50 U.S.C. 3912) is amended by adding at the end the
following new subsection:
``(d) Written Consent Required for Arbitration.--
Notwithstanding any other provision of law, whenever a contract
with a servicemember, or a servicemember and the
servicemember's spouse jointly, provides for the use of
arbitration to resolve a controversy subject to a provision of
this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if,
after such controversy arises, all parties to such controversy
consent in writing to use arbitration to settle such
controversy.''.
(b) Applicability.--Subsection (d) of such section, as added
by subsection (a), shall apply with respect to contracts
entered into, amended, altered, modified, renewed, or extended
after the date of the enactment of this Act.
SEC. 58___. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil
Relief Act (50 U.S.C. 3918(a)) is amended--
(1) in the second sentence, by inserting ``and if it
is made after a specific dispute has arisen and the
dispute is identified in the waiver'' after ``to which
it applies''; and
(2) in the third sentence, by inserting ``and if it
is made after a specific dispute has arisen and the
dispute is identified in the waiver'' after ``period of
military service''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to waivers made on or after the date
of the enactment of this Act.
SEC. 58___. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 802(a) of the Servicemembers Civil Relief Act (50
U.S.C. 4042(a)) is amended--
(1) in the matter preceding paragraph (1), by
inserting ``, notwithstanding any previous agreement to
the contrary,'' after ``may''; and
(2) in paragraph (3), by striking ``, notwithstanding
any previous agreement to the contrary''.
----------
432. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. SERVICEMEMBER PROTECTIONS FOR MEDICAL DEBT COLLECTIONS.
(a) Amendments to the Fair Debt Collection Practices Act.--
(1) Definition.--Section 803 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692a) is amended
by adding at the end the following:
``(9) The term `medical debt' means a debt
arising from the receipt of medical services,
products, or devices.''.
(2) Unfair practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended
by adding at the end the following:
``(9) Engaging in activities to collect or
attempting to collect a medical debt owed or
due or asserted to be owed or due by a consumer
who was a member of the Armed Forces at the
time such debt was incurred, before the end of
the 2-year period beginning on the date that
the first payment with respect to such medical
debt is due.''.
(b) Prohibition on Consumer Reporting Agencies Reporting
Certain Medical Debt With Respect to Members of the Armed
Forces.--
(1) Definition.--Section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a) is amended by adding at
the end the following:
``(bb) Medical Debt.--The term `medical debt' means a debt
arising from the receipt of medical services, products, or
devices.
``(cc) Medically Necessary Procedure.--The term `medically
necessary procedure' means--
``(1) health care services or supplies needed to
diagnose or treat an illness, injury, condition,
disease, or its symptoms and that meet accepted
standards of medicine; and
``(2) health care to prevent illness or detect
illness at an early stage, when treatment is likely to
work best (including preventive services such as pap
tests, flu shots, and screening mammograms).''.
(2) In general.--Section 605(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681c(a)) is amended--
(A) in paragraph (7), by adding at the end
the following: ``This paragraph shall not be
subject to section 625(b)(1)(E).'';
(B) in paragraph (8), by adding at the end
the following: ``This paragraph shall not be
subject to section 625(b)(1)(E).''; and
(C) by adding at the end the following new
paragraphs:
``(9) Any information related to a debt arising from
a medically necessary procedure that occurred when the
consumer was a member of the Armed Forces. This
paragraph shall not be subject to section 625(b)(1)(E).
``(10) Any information related to a medical debt of a
consumer that was incurred when the consumer was a
member of the Armed Forces, if the date on which such
debt was placed for collection, charged to profit or
loss, or subjected to any similar action antedates the
report by less than 365 calendar days. This paragraph
shall not be subject to section 625(b)(1)(E).''.
(c) Requirements for Furnishers of Medical Debt Information
With Respect to Members of the Armed Forces.--
(1) Additional notice requirements for medical debt
of members of the armed forces.--Section 623 of the
Fair Credit Reporting Act (15 U.S.C. 1681s-2) is
amended by adding at the end the following:
``(f) Additional Notice Requirements for Medical Debt of
Members of the Armed Forces.--Before furnishing information
regarding a medical debt of a consumer that was incurred when
the consumer was a member of the Armed Forces to a consumer
reporting agency, the person furnishing the information shall
send a statement to the consumer that includes the following:
``(1) A notification that the medical debt--
``(A) may not be included on a consumer
report made by a consumer reporting agency
until the later of the date that is 365 days
after--
``(i) the date on which the person
sends the statement;
``(ii) with respect to the medical
debt of a borrower demonstrating
hardship, a date determined by the
Director of the Bureau; or
``(iii) the date described under
section 605(a)(10); and
``(B) may not ever be included on a consumer
report made by a consumer reporting agency, if
the medical debt arises from a medically
necessary procedure.
``(2) A notification that, if the debt is settled or
paid by the consumer or an insurance company before the
end of the period described under paragraph (1)(A), the
debt may not be reported to a consumer reporting
agency.
``(3) A notification that the consumer may--
``(A) communicate with an insurance company
to determine coverage for the debt; or
``(B) apply for financial assistance.''.
(2) Furnishing of medical debt information with
respect to members of the armed forces.--Section 623 of
the Fair Credit Reporting Act (15 U.S.C. 1681s-2), as
amended by paragraph (1), is further amended by adding
at the end the following:
``(g) Furnishing of Medical Debt Information With Respect to
Members of the Armed Forces.--
``(1) Prohibition on reporting debt related to
medically necessary procedures.--No person shall
furnish any information to a consumer reporting agency
regarding a debt arising from a medically necessary
procedure that occurred when the consumer was a member
of the Armed Forces.
``(2) Treatment of other medical debt information.--
With respect to a medical debt of a consumer that was
incurred when the consumer was a member of the Armed
Forces and that is not described under paragraph (1),
no person shall furnish any information to a consumer
reporting agency regarding such debt before the end of
the 365-day period beginning on the later of--
``(A) the date on which the person sends the
statement described under subsection (f) to the
consumer;
``(B) with respect to the medical debt of a
borrower demonstrating hardship, a date
determined by the Director of the Bureau; or
``(C) the date described in section
605(a)(10).
``(3) Treatment of settled or paid medical debt.--
With respect to a medical debt of a consumer that was
incurred when the consumer was a member of the Armed
Forces and that is not described under paragraph (1),
no person shall furnish any information to a consumer
reporting agency regarding such debt if the debt is
settled or paid by the consumer or an insurance company
before the end of the 365-day period described under
paragraph (2).
``(4) Borrower demonstrating hardship defined.--In
this subsection, and with respect to a medical debt,
the term `borrower demonstrating hardship' means a
borrower or a class of borrowers who, as determined by
the Director of the Bureau, is facing or has
experienced unusual extenuating life circumstances or
events that result in severe financial or personal
barriers such that the borrower or class of borrowers
does not have the capacity to repay the medical
debt.''.
(d) Effective Date.--Except as otherwise provided under
subsection (e), this section and the amendments made by this
section shall take effect on the date that is 180 days after
the date of enactment of this Act.
(e) Discretionary Surplus Funds.--
(1) In general.--The dollar amount specified under
section 7(a)(3)(A) of the Federal Reserve Act (12
U.S.C. 289(a)(3)(A)) is reduced by $1,000,000.
(2) Effective date.--The amendment made by paragraph
(1) shall take effect on September 30, 2032.
----------
433. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of title LIV of division E, add the following:
SEC. 54__. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER.
(a) Definitions.--Section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a) is amended--
(1) in subsection (q), by amending paragraph (1) to
read as follows:
``(1) Uniformed consumer.--The term `uniformed
consumer' means a consumer who is--
``(A) a member of the--
``(i) uniformed services (as such
term is defined in section 101(a)(5) of
title 10, United States Code); or
``(ii) National Guard (as such term
is defined in section 101(c)(1) of
title 10, United States Code); and
``(B) in active service (as such term is
defined in section 101(d)(3) of title 10,
United States Code), including full-time duty
in the commissioned corps of the Public Health
Service or the National Oceanic and Atmospheric
Administration.''; and
(2) by adding at the end the following:
``(bb) Deployed Uniformed Consumer.--The term `deployed
uniformed consumer' means an uniformed consumer who--
``(1) serves--
``(A) in a combat zone (as such term is
defined in section 112(c)(2) of title 26,
United States Code); or
``(B) aboard a United States combatant,
support, or auxiliary vessel (as such terms are
defined in section 231(f) of title 10, United
States Code); or
``(C) in a deployment (as such term is
defined in section 991(b) of title 10, United
States Code); and
``(2) is on active duty (as such term is defined in
section 101(d)(2) of title 10, United States Code) for
not less than 30 days during the type of service
described in paragraph (1).''.
(b) Prohibition on Including Certain Adverse Information in
Consumer Reports.--Section 605 of the Fair Credit Reporting Act
(15 U.S.C. 1681c) is amended--
(1) in subsection (a), by adding at the end the
following:
``(9) Any item of adverse information about a
uniformed consumer, if the action or inaction that gave
rise to the item occurred while the consumer was a
deployed uniformed consumer.''; and
(2) by adding at the end the following:
``(i) Notice of Status as a Uniformed Consumer.--With respect
to an item of adverse information about a consumer, if the
action or inaction that gave rise to the item occurred while
the consumer was a uniformed consumer, the consumer may provide
appropriate proof, including official orders, to a consumer
reporting agency that the consumer was a deployed uniformed
consumer at the time such action or inaction occurred. The
consumer reporting agency shall promptly delete that item of
adverse information from the file of the uniformed consumer and
notify the consumer and the furnisher of the information of the
deletion.''.
(c) Communications Between the Consumer and Consumer
Reporting Agencies.--Section 605A of the Fair Credit Reporting
Act (15 U.S.C. 1681c-1) is amended--
(1) in subsection (c)--
(A) by striking ``Upon'' and inserting the
following:
``(1) In general.--Upon'';
(B) by redesignating paragraphs (1), (2), and
(3) as subparagraphs (A), (B), and (C), and
moving such redesignated subparagraphs 2 ems to
the right; and
(C) by adding at the end the following:
``(2) Negative information alert.--Any time a
consumer reporting agency receives an item of adverse
information about a consumer, if the consumer has
provided appropriate proof that the consumer is a
uniformed consumer, the consumer reporting agency shall
promptly notify the consumer--
``(A) that the agency has received such item
of adverse information, along with a
description of the item; and
``(B) the method by which the consumer can
dispute the validity of the item.
``(3) Contact information for uniformed consumers.--
With respect to any consumer that has provided
appropriate proof to a consumer reporting agency that
the consumer is a deployed uniformed consumer, if the
consumer provides the consumer reporting agency with
separate contact information to be used when
communicating with the consumer while the consumer is a
deployed uniformed consumer, the consumer reporting
agency shall use such contact information for all
communications while the consumer is a deployed
uniformed consumer.''; and
(2) in subsection (e), by amending paragraph (3) to
read as follows:
``(3) subparagraphs (A) and (B) of subsection (c)(1),
in the case of a referral under subsection
(c)(1)(C).''.
(d) Conforming Amendment.--The Fair Credit Reporting Act (15
U.S.C. 1681 et seq.) is amended by striking ``active duty
military'' each place such term appears and inserting
``uniformed consumer''.
(e) Sense of Congress.--It is the sense of Congress that any
person making use of a consumer report containing an item of
adverse information should, if the action or inaction that gave
rise to the item occurred while the consumer was a uniformed
consumer, take such fact into account when evaluating the
creditworthiness of the consumer.
----------
434. An Amendment To Be Offered by Representative Dean of Pennsylvania
or Her Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 54__. FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS.
(a) Enhanced Protection Against Debt Collector Harassment of
Servicemembers.--
(1) Communication in connection with debt
collection.--Section 805 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692c) is amended by adding at
the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term
`covered member' means--
``(A) a covered member or a dependent as
defined in section 987(i) of title 10, United
States Code; and
``(B)(i) an individual who was separated,
discharged, or released from duty described in
such section 987(i)(1), but only during the
365-day period beginning on the date of
separation, discharge, or release; or
``(ii) a person, with respect to an
individual described in clause (i), described
in subparagraph (A), (D), (E), or (I) of
section 1072(2) of title 10, United States
Code.
``(2) Prohibitions.--A debt collector may not, in
connection with the collection of any debt of a covered
member--
``(A) threaten to have the covered member
reduced in rank;
``(B) threaten to have the covered member's
security clearance revoked; or
``(C) threaten to have the covered member
prosecuted under chapter 47 of title 10, United
States Code (the Uniform Code of Military
Justice).''.
(2) Unfair practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended
by adding at the end the following:
``(9) The representation to any covered member (as
defined under section 805(e)(1)) that failure to
cooperate with a debt collector will result in--
``(A) a reduction in rank of the covered
member;
``(B) a revocation of the covered member's
security clearance; or
``(C) prosecution under chapter 47 of title
10, United States Code (the Uniform Code of
Military Justice).''.
(b) GAO Study.--The Comptroller General of the United States
shall conduct a study and submit a report to Congress on the
impact of this section on--
(1) the timely delivery of information to a covered
member (as defined in section 805(e) of the Fair Debt
Collection Practices Act, as added by this section);
(2) military readiness; and
(3) national security, including the extent to which
covered members with security clearances would be
impacted by uncollected debt.
(c) Determination of Budgetary Effects.--The budgetary
effects of this section, for the purpose of complying with the
Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of
PAYGO Legislation'' for this section, submitted for printing in
the Congressional Record by the Chairman of the House Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.
----------
435. An Amendment To Be Offered by Representative Beatty of Ohio or Her
Designee, Debatable for 10 Minutes
At the end title LIV add the following:
SEC. 54__. FAIR HIRING IN BANKING.
(a) Federal Deposit Insurance Act.--Section 19 of the Federal
Deposit Insurance Act (12 U.S.C. 1829) is amended--
(1) by inserting after subsection (b) the following:
``(c) Exceptions.--
``(1) Certain older offenses.--
``(A) In general.--With respect to an
individual, subsection (a) shall not apply to
an offense if--
``(i) it has been 7 years or more
since the offense occurred; or
``(ii) the individual was
incarcerated with respect to the
offense and it has been 5 years or more
since the individual was released from
incarceration.
``(B) Offenses committed by individuals 21 or
younger.--For individuals who committed an
offense when they were 21 years of age or
younger, subsection (a) shall not apply to the
offense if it has been more than 30 months
since the sentencing occurred.
``(C) Limitation.--This paragraph shall not
apply to an offense described under subsection
(a)(2).
``(2) Expungement and sealing.--With respect to an
individual, subsection (a) shall not apply to an
offense if--
``(A) there is an order of expungement,
sealing, or dismissal that has been issued in
regard to the conviction in connection with
such offense; and
``(B) it is intended by the language in the
order itself, or in the legislative provisions
under which the order was issued, that the
conviction shall be destroyed or sealed from
the individual's State or Federal record, even
if exceptions allow the record to be considered
for certain character and fitness evaluation
purposes.
``(3) De minimis exemption.--
``(A) In general.--Subsection (a) shall not
apply to such de minimis offenses as the
Corporation determines, by rule.
``(B) Confinement criteria.--In issuing rules
under subparagraph (A), the Corporation shall
include a requirement that the offense was
punishable by a term of three years or less
confined in a correctional facility, where such
confinement--
``(i) is calculated based on the time
an individual spent incarcerated as a
punishment or a sanction, not as
pretrial detention; and
``(ii) does not include probation or
parole where an individual was
restricted to a particular jurisdiction
or was required to report occasionally
to an individual or a specific
location.
``(C) Bad check criteria.--In setting the
criteria for de minimis offenses under
subparagraph (A), if the Corporation
establishes criteria with respect to
insufficient funds checks, the Corporation
shall require that the aggregate total face
value of all insufficient funds checks across
all convictions or program entries related to
insufficient funds checks is $2,000 or less.
``(D) Designated lesser offenses.--Subsection
(a) shall not apply to certain lesser offenses
(including the use of a fake ID, shoplifting,
trespass, fare evasion, driving with an expired
license or tag, and such other low-risk
offenses as the Corporation may designate) if 1
year or more has passed since the applicable
conviction or program entry.''; and
(2) by adding at the end the following:
``(f) Consent Applications.--
``(1) In general.--The Corporation shall accept
consent applications from an individual and from an
insured depository institution or depository
institution holding company on behalf of an individual
that are filed separately or contemporaneously with a
regional office of the Corporation.
``(2) Sponsored applications filed with regional
offices.--Consent applications filed at a regional
office of the Corporation by an insured depository
institution or depository institution holding company
on behalf of an individual--
``(A) shall be reviewed by such office;
``(B) may be approved or denied by such
office, if such authority has been delegated to
such office by the Corporation; and
``(C) may only be denied by such office if
the general counsel of the Corporation (or a
designee) certifies that the denial is
consistent with this section.
``(3) Individual applications filed with regional
offices.--Consent applications filed at a regional
office by an individual--
``(A) shall be reviewed by such office; and
``(B) may be approved or denied by such
office, if such authority has been delegated to
such office by the Corporation, except with
respect to--
``(i) cases involving an offense
described under subsection (a)(2); and
``(ii) such other high-level security
cases as may be designated by the
Corporation.
``(4) National office review.--The national office of
the Corporation shall--
``(A) review any consent application with
respect to which a regional office is not
authorized to approve or deny the application;
and
``(B) review any consent application that is
denied by a regional office, if the individual
requests a review by the national office.
``(5) Forms and instructions.--
``(A) Availability.--The Corporation shall
make all forms and instructions related to
consent applications available to the public,
including on the website of the Corporation.
``(B) Contents.--The forms and instructions
described under subparagraph (A) shall provide
a sample cover letter and a comprehensive list
of items that may accompany the application,
including clear guidance on evidence that may
support a finding of rehabilitation.
``(6) Consideration of criminal history.--
``(A) Regional office consideration.--In
reviewing a consent application, a regional
office shall--
``(i) primarily rely on the criminal
history record of the Federal Bureau of
Investigation; and
``(ii) provide such record to the
applicant to review for accuracy.
``(B) Certified copies.--The Corporation may
not require an applicant to provide certified
copies of criminal history records unless the
Corporation determines that there is a clear
and compelling justification to require
additional information to verify the accuracy
of the criminal history record of the Federal
Bureau of Investigation.
``(7) Consideration of rehabilitation.--Consistent
with title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.), the Corporation shall--
``(A) conduct an individualized assessment
when evaluating consent applications that takes
into account evidence of rehabilitation, the
applicant's age at the time of the conviction
or program entry, the time that has elapsed
since conviction or program entry, and the
relationship of individual's offense to the
responsibilities of the applicable position;
``(B) consider the individual's employment
history, letters of recommendation,
certificates documenting participation in
substance abuse programs, successful
participating in job preparation and
educational programs, and other relevant
mitigating evidence; and
``(C) consider any additional information the
Corporation determines necessary for safety and
soundness.
``(8) Scope of employment.--With respect to an
approved consent application filed by an insured
depository institution or depository institution
holding company on behalf of an individual, if the
Corporation determines it appropriate, such approved
consent application shall allow the individual to work
for the same employer (without restrictions on the
location) and across positions, except that the prior
consent of the Corporation (which may require a new
application) shall be required for any proposed
significant changes in the individual's security-
related duties or responsibilities, such as promotion
to an officer or other positions that the employer
determines will require higher security screening
credentials.
``(9) Coordination with the ncua.--In carrying out
this section, the Corporation shall consult and
coordinate with the National Credit Union
Administration as needed to promote consistent
implementation where appropriate.
``(g) Definitions.--In this section:
``(1) Consent application.--The term `consent
application' means an application filed with
Corporation by an individual (or by an insured
depository institution or depository institution
holding company on behalf of an individual) seeking the
written consent of the Corporation under subsection
(a)(1).
``(2) Criminal offense involving dishonesty.--The
term `criminal offense involving dishonesty'--
``(A) means an offense under which an
individual, directly or indirectly--
``(i) cheats or defrauds; or
``(ii) wrongfully takes property
belonging to another in violation of a
criminal statute;
``(B) includes an offense that Federal,
State, or local law defines as dishonest, or
for which dishonesty is an element of the
offense; and
``(C) does not include--
``(i) a misdemeanor criminal offense
committed more than one year before the
date on which an individual files a
consent application, excluding any
period of incarceration; or
``(ii) an offense involving the
possession of controlled substances.
``(3) Pretrial diversion or similar program.--The
term `pretrial diversion or similar program' means a
program characterized by a suspension or eventual
dismissal or reversal of charges or criminal
prosecution upon agreement by the accused to
restitution, drug or alcohol rehabilitation, anger
management, or community service.''.
(b) Federal Credit Union Act.--Section 205(d) of the Federal
Credit Union Act (12 U.S.C. 1785(d)) is amended by adding at
the end the following:
``(4) Exceptions.--
``(A) Certain older offenses.--
``(i) In general.--With respect to an
individual, paragraph (1) shall not
apply to an offense if--
``(I) it has been 7 years or
more since the offense
occurred; or
``(II) the individual was
incarcerated with respect to
the offense and it has been 5
years or more since the
individual was released from
incarceration.
``(ii) Offenses committed by
individuals 21 or younger.--For
individuals who committed an offense
when they were 21 years of age or
younger, paragraph (1) shall not apply
to the offense if it has been more than
30 months since the sentencing
occurred.
``(iii) Limitation.--This
subparagraph shall not apply to an
offense described under paragraph
(1)(B).
``(B) Expungement and sealing.--With respect
to an individual, paragraph (1) shall not apply
to an offense if--
``(i) there is an order of
expungement, sealing, or dismissal that
has been issued in regard to the
conviction in connection with such
offense; and
``(ii) it is intended by the language
in the order itself, or in the
legislative provisions under which the
order was issued, that the conviction
shall be destroyed or sealed from the
individual's State or Federal record,
even if exceptions allow the record to
be considered for certain character and
fitness evaluation purposes.
``(C) De minimis exemption.--
``(i) In general.--Paragraph (1)
shall not apply to such de minimis
offenses as the Board determines, by
rule.
``(ii) Confinement criteria.--In
issuing rules under clause (i), the
Board shall include a requirement that
the offense was punishable by a term of
three years or less confined in a
correctional facility, where such
confinement--
``(I) is calculated based on
the time an individual spent
incarcerated as a punishment or
a sanction, not as pretrial
detention; and
``(II) does not include
probation or parole where an
individual was restricted to a
particular jurisdiction or was
required to report occasionally
to an individual or a specific
location.
``(iii) Bad check criteria.--In
setting the criteria for de minimis
offenses under clause (i), if the Board
establishes criteria with respect to
insufficient funds checks, the Board
shall require that the aggregate total
face value of all insufficient funds
checks across all convictions or
program entries related to insufficient
funds checks is $2,000 or less.
``(iv) Designated lesser offenses.--
Paragraph (1) shall not apply to
certain lesser offenses (including the
use of a fake ID, shoplifting,
trespass, fare evasion, driving with an
expired license or tag, and such other
low-risk offenses as the Board may
designate) if 1 year or more has passed
since the applicable conviction or
program entry.
``(5) Consent applications.--
``(A) In general.--The Board shall accept
consent applications from an individual and
from an insured credit union on behalf of an
individual that are filed separately or
contemporaneously with a regional office of the
Board.
``(B) Sponsored applications filed with
regional offices.--Consent applications filed
at a regional office of the Board by an insured
credit union on behalf of an individual--
``(i) shall be reviewed by such
office;
``(ii) may be approved or denied by
such office, if such authority has been
delegated to such office by the Board;
and
``(iii) may only be denied by such
office if the general counsel of the
Board (or a designee) certifies that
the denial is consistent with this
section.
``(C) Individual applications filed with
regional offices.--Consent applications filed
at a regional office by an individual--
``(i) shall be reviewed by such
office; and
``(ii) may be approved or denied by
such office, if such authority has been
delegated to such office by the Board,
except with respect to--
``(I) cases involving an
offense described under
paragraph (1)(B); and
``(II) such other high-level
security cases as may be
designated by the Board.
``(D) National office review.--The national
office of the Board shall--
``(i) review any consent application
with respect to which a regional office
is not authorized to approve or deny
the application; and
``(ii) review any consent application
that is denied by a regional office, if
the individual requests a review by the
national office.
``(E) Forms and instructions.--
``(i) Availability.--The Board shall
make all forms and instructions related
to consent applications available to
the public, including on the website of
the Board.
``(ii) Contents.--The forms and
instructions described under clause (i)
shall provide a sample cover letter and
a comprehensive list of items that may
accompany the application, including
clear guidance on evidence that may
support a finding of rehabilitation.
``(F) Consideration of criminal history.--
``(i) Regional office
consideration.--In reviewing a consent
application, a regional office shall--
``(I) primarily rely on the
criminal history record of the
Federal Bureau of
Investigation; and
``(II) provide such record to
the applicant to review for
accuracy.
``(ii) Certified copies.--The Board
may not require an applicant to provide
certified copies of criminal history
records unless the Board determines
that there is a clear and compelling
justification to require additional
information to verify the accuracy of
the criminal history record of the
Federal Bureau of Investigation.
``(G) Consideration of rehabilitation.--
Consistent with title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e et seq.), the
Board shall--
``(i) conduct an individualized
assessment when evaluating consent
applications that takes into account
evidence of rehabilitation, the
applicant's age at the time of the
conviction or program entry, the time
that has elapsed since conviction or
program entry, and the relationship of
individual's offense to the
responsibilities of the applicable
position;
``(ii) consider the individual's
employment history, letters of
recommendation, certificates
documenting participation in substance
abuse programs, successful
participating in job preparation and
educational programs, and other
relevant mitigating evidence; and
``(iii) consider any additional
information the Board determines
necessary for safety and soundness.
``(H) Scope of employment.--With respect to
an approved consent application filed by an
insured credit union on behalf of an
individual, if the Board determines it
appropriate, such approved consent application
shall allow the individual to work for the same
employer (without restrictions on the location)
and across positions, except that the prior
consent of the Board (which may require a new
application) shall be required for any proposed
significant changes in the individual's
security-related duties or responsibilities,
such as promotion to an officer or other
positions that the employer determines will
require higher security screening credentials.
``(I) Coordination with fdic.--In carrying
out this subsection, the Board shall consult
and coordinate with the Federal Deposit
Insurance Corporation as needed to promote
consistent implementation where appropriate.
``(6) Definitions.--In this subsection:
``(A) Consent application.--The term `consent
application' means an application filed with
Board by an individual (or by an insured credit
union on behalf of an individual) seeking the
written consent of the Board under paragraph
(1)(A).
``(B) Criminal offense involving
dishonesty.--The term `criminal offense
involving dishonesty'--
``(i) means an offense under which an
individual, directly or indirectly--
``(I) cheats or defrauds; or
``(II) wrongfully takes
property belonging to another
in violation of a criminal
statute;
``(ii) includes an offense that
Federal, State, or local law defines as
dishonest, or for which dishonesty is
an element of the offense; and
``(iii) does not include--
``(I) a misdemeanor criminal
offense committed more than one
year before the date on which
an individual files a consent
application, excluding any
period of incarceration; or
``(II) an offense involving
the possession of controlled
substances.
``(C) Pretrial diversion or similar
program.--The term `pretrial diversion or
similar program' means a program characterized
by a suspension or eventual dismissal or
reversal of charges or criminal prosecution
upon agreement by the accused to restitution,
drug or alcohol rehabilitation, anger
management, or community service.''.
(c) Review and Report to Congress.--Not later than the end of
the 2-year period beginning on the date of enactment of this
Act, the Federal Deposit Insurance Corporation and the National
Credit Union Administration shall--
(1) review the rules issued to carry out this Act and
the amendments made by this Act on--
(A) the application of section 19 of the
Federal Deposit Insurance Act (12 U.S.C. 1829)
and section 205(d) of the Federal Credit Union
Act (12 U.S.C. 1785(d));
(B) the number of applications for consent
applications under such sections; and
(C) the rates of approval and denial for
consent applications under such sections;
(2) make the results of the review required under
paragraph (1) available to the public; and
(3) issue a report to Congress containing any
legislative or regulatory recommendations for expanding
employment opportunities for those with a previous
minor criminal offense.
(d) Discretionary Surplus Fund.--
(1) In general.--Subparagraph (A) of section 7(a)(3)
of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is
amended by reducing the dollar figure described in such
subparagraph by $1,500,000.
(2) Effective date.--The amendment made by subsection
(a) shall take effect on September 30, 2032.
----------
436. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, add the following:
SEC. 5806. DEFINITION OF LAND USE REVENUE UNDER WEST LOS ANGELES
LEASING ACT OF 2016.
Section 2(d)(2) of the West Los Angeles Leasing Act of 2016
(Public Law 114-226) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (B) as subparagraph
(C); and
(3) by inserting after subparagraph (A) the following
new subparagraph:
``(B) to the extent specified in advance in
an appropriations Act for a fiscal year, any
funds received as compensation for an easement
described in subsection (e); and''.
----------
437. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. ___. DIRECTING THE ATTORNEY GENERAL TO INVESTIGATE SCHEMES TO
DEFRAUD PERSONS IN ANY MATTER ARISING UNDER
IMMIGRATION LAWS.
(a) Fraud Prohibited.--
(1) In general.--Chapter 47 of title 18, United
States Code, is amended by adding at the end the
following new section:
``Sec. 1041. Schemes to defraud persons in any matter arising under
immigration laws
``(a) Fraud.--Any person who knowingly executes a scheme or
artifice, in connection with any matter authorized by or
arising under the immigration laws, or any matter that such
person claims or represents is authorized by or arises under
the immigration laws to--
``(1) defraud any other person; or
``(2) obtain or receive money or anything else of
value from any other person by means of false or
fraudulent pretenses, representations, or promises,
shall be fined under this title, imprisoned not more than 1
year, or both.
``(b) Misrepresentation.--Any person who knowingly makes a
false representation that such person is an attorney or an
accredited representative (as such term is defined under
section 1292.1(a)(4) of title 8, Code of Federal Regulations
(or any successor regulation)) in any matter arising under the
immigration laws shall be fined under this title, imprisoned
not more than 1 year, or both.
``(c) Threats and Retaliation.--Any person who violates
subsection (a) and knowingly--
``(1) threatens to report another person to Federal
authorities or State law enforcement authorities
working in conjunction with or pursuant to Federal
authority;
``(2) acts to adversely affect another person's
immigration status, perceived immigration status, or
attempts to secure immigration status that--
``(A) impacts or results in the removal of
the person from the United States;
``(B) leads to the loss of immigration
status; or
``(C) causes the person seeking to apply for
an immigration benefit to lose an opportunity
to apply for such an immigration benefit that
would have provided immigration status and for
which a person was prima facie eligible; or
``(3) demands or retains money or anything else of
value for services fraudulently performed or not
performed or withholds or threatens to withhold
services promised to be performed,
shall be fined under this title, imprisoned not more than 1
year, or both.
``(d) Gravity of Offense.--
``(1) Cumulative loss.--Any person who violates
subsection (a), (b), or (c) such that the cumulative
loss to all victims exceeds $10,000 may be imprisoned
not more than 3 years, fined under this title, or both.
``(2) Retaliation.--Any person who violates
subsection (a) or (b) and causes the harm described in
subsection (c)(2) may be imprisoned not more than 3
years, fined under this title, or both.
``(e) Information Sharing and Enforcement.--
``(1) In general.--The Attorney General shall--
``(A) establish procedures to receive
complaints of fraudulent immigration schemes
from the public that are consistent with the
procedures for receiving complaints of unfair
immigration-related employment practices in
place on the date of the enactment of the
National Defense Authorization Act for Fiscal
Year 2023;
``(B) report, on an annual basis, to the
Senate Committee on the Judiciary and House
Committee on the Judiciary the number of
completed prosecutions undertaken pursuant to
subsections (a), (b), and (c), including a
description of the case and outcome, relevant
demographic and linguistic information, and any
immigration consequences suffered by the
victims involved; and
``(C) maintain and publish on the internet,
information in commonly spoken languages other
than English, including Spanish, Mandarin,
Korean, and Tagalog, on how to identify,
prevent, and report instances of fraud
described in subsections (a), (b), and (c).
``(2) Special united states attorneys.--
``(A) In general.--The Attorney General shall
establish no fewer than 15 Special United
States Attorney positions in districts the
Attorney General determines to be most affected
by the fraud described in subsections (a), (b),
and (c), to investigate and prosecute
allegations of fraud described in subsections
(a), (b), and (c) and should resources permit
any other consumer protection laws under this
chapter.
``(B) Linguistic competence.--With respect to
the Special United States Attorney positions
under subparagraph (A), the Attorney General
shall consider the linguistic competency of a
prosecutor appointed to serve in such a
position to ensure that the prosecutor may
effectively prosecute cases involving non-
English speaking victims and witnesses.
``(3) Restitution.--There shall be deposited in the
Crime Victims Fund established under section 1402 of
the Victims of Crime Act of 1984 (34 U.S.C. 20101) any
restitution ordered for an offense under this section
if the victim of such offense cannot reasonably be
located.
``(f) Severability.--If any provision of this section, or the
application of such a provision to any person or circumstance,
is held to be unconstitutional, the remainder of this section
and the application of the remaining provisions of this section
to any person or circumstance shall not be affected thereby.
``(g) Immigration Laws.--In this section, the term
`immigration laws' has the meaning given that term in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)).''.
(b) Injunction Against Fraud.--Section 1345 of title 18,
United States Code, is amended by adding at the end the
following new subsection:
``(c) If a person is violating or about to violate this
chapter or chapter 47 of this title, the Attorney General may
commence a civil action in any Federal court to enjoin such
violation.''.
(c) Clerical Amendment.--The table of sections for chapter 47
of title 18, United States Code, is amended by adding at the
end the following:
``1041. Schemes to defraud persons in any matter arising under
immigration laws.''.
____________________________________________________
438. An Amendment To Be Offered by Representative Steil of Wisconsin or
His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. BANKING TRANSPARENCY FOR SANCTIONED PERSONS.
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of the
Treasury shall issue a report to the Committees on Financial
Services and Foreign Affairs of the House of Representatives
and the Committees on Banking, Housing, and Urban Affairs and
Foreign Relations of the Senate that includes a copy of any
license issued by the Secretary in the preceding 180 days that
authorizes a United States financial institution (as defined
under section 561.309 of title 31, Code of Federal Regulations)
to provide financial services benefitting--
(1) a state sponsor of terrorism; or
(2) a person sanctioned pursuant to any of the
following:
(A) Section 404 of the Russia and Moldova
Jackson-Vanik Repeal and Sergei Magnitsky Rule
of Law Accountability Act of 2012 (Public Law
112-208).
(B) Subtitle F of title XII of the National
Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328, the Global Magnitsky Human
Rights Accountability Act).
(C) Executive Order No. 13818.
----------
439. An Amendment To Be Offered by Representative Norcross of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 13_. UNPAID PERUVIAN AGRARIAN REFORM BONDS.
To ensure the retirement security of over 5,000,000 United
States pensioners across the Nation, Congress urges the
Secretary of State to take action concerning unpaid Peruvian
agrarian reform bonds by encouraging the Peruvian Government to
negotiate in good faith with United States pension funds and
bondholders regarding payment of the agrarian reform bonds.
----------
440. An Amendment To Be Offered by Representative Wild of Pennsylvania
or Her Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. REPORT ON HUMAN RIGHTS IN THE PHILIPPINES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, shall submit to the
congressional defense committees a report that includes the
following:
(1) An assessment of extrajudicial killings and other
human rights violations committed by the Philippines
military, police, and paramilitary forces, specifically
violations against trade unionists, journalists, human
rights defenders, critics of the government, faith and
religious leaders, and other civil society activists.
(2) A description of the human rights climate in the
Philippines; an assessment of the Philippines military,
police, and paramilitary forces' adherence to human
rights; and an analysis of such forces' role in the
practice of ``red-tagging'', including against United
States citizens.
----------
441. An Amendment To Be Offered by Representative Thompson of
Mississippi or His Designee, Debatable for 10 Minutes
Add at the end of division E the following:
TITLE LIX--FEDERAL EMERGENCY MANAGEMENT ADVANCEMENT OF EQUITY
SEC. 5901. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Federal Emergency Management
Agency.
(2) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency.
(3) Emergency.--The term ``emergency'' means an
emergency declared by the President under section 501
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191).
(4) Equity.--The term ``equity'' means the guarantee
of fair treatment, advancement, equal opportunity, and
access for underserved communities and others, the
elimination of barriers that have prevented full
participation for underserved communities, and the
reduction of disparate outcomes.
(5) Equitable.--The term ``equitable'' means having
or exhibiting equity.
(6) Federal assistance.--The term ``Federal
assistance'' means assistance provided pursuant to--
(A) a declaration of a major disaster or
emergency under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act;
(B) sections 203 and 205 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act; and
(C) section 1366 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4104c).
(7) Major disaster.--The term ``major disaster''
means a major disaster declared by the President under
section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170).
(8) Underserved community.--The term ``underserved
community'' means--
(A) the Native-American and Alaskan-Native
community;
(B) the African-American community;
(C) the Asian community;
(D) the Hispanic community (including
individuals of Mexican, Puerto Rican, Cuban,
and Central or South American origin);
(E) the Pacific Islander community;
(F) the Middle Eastern and North African
community;
(G) a rural community;
(H) a low-income community;
(I) individuals with disabilities;
(J) a limited English proficiency community;
(K) other individuals or communities
otherwise adversely affected by persistent
poverty or inequality; and
(L) any other disadvantaged community, as
determined by the Administrator.
Subtitle A--Ensuring Equity in Federal Disaster Management
SEC. 5911. DATA COLLECTION, ANALYSIS, AND CRITERIA.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator shall, in consultation
with the Secretary of Housing and Urban Development and the
Administrator of the Small Business Administration, develop and
implement a process to ensure equity in the provision of
Federal assistance and throughout all programs and policies of
the Agency.
(b) Specific Areas for Consultation.--In carrying out
subsection (a), the Administrator shall identify requirements
for ensuring the quality, consistency, accessibility, and
availability of information needed to identify programs and
policies of the Agency that may not support the provision of
equitable Federal assistance, including--
(1) information requirements;
(2) data sources and collection methods; and
(3) strategies for overcoming data or other
information challenges.
(c) Modification of Data Collection Systems.--The
Administrator shall modify the data collection systems of the
Agency based on the process developed under subsection (a) to
ensure the quality, consistency, accessibility, and
availability of information needed to identify any programs and
policies of the Agency that may not support the provision of
equitable Federal assistance.
SEC. 5912. CRITERIA FOR ENSURING EQUITY IN POLICIES AND PROGRAMS.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator shall develop,
disseminate, and update, as appropriate, criteria to apply to
policies and programs of the Agency to ensure equity in the
provision of Federal assistance and throughout all programs and
policies of the Agency.
(b) Consultation.--In developing and disseminating the
criteria required under subsection (a), the Administrator shall
consult with--
(1) the Office for Civil Rights and Civil Liberties
of the Department of Homeland Security;
(2) the United States Department of Housing and Urban
Development; and
(3) the Small Business Administration.
(c) Integration of Criteria.--
(1) In general.--The Administrator shall, to the
maximum extent possible, integrate the criteria
developed under subsection (a) into existing and future
processes related to the provision of Federal
assistance.
(2) Priority.--The Administrator shall prioritize
integrating the criteria under paragraph (1) into
processes related to the provision of--
(A) assistance under sections 402, 403, 406,
407, 428, and 502 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170a et seq.);
(B) Federal assistance to individuals and
households under section 408 of such Act (42
U.S.C. 5174);
(C) hazard mitigation assistance under
section 404 of such Act (42 U.S.C. 5170c); and
(D) predisaster hazard mitigation assistance
under section 203 of such Act (42 U.S.C. 5133).
SEC. 5913. METRICS; REPORT.
(a) Metrics.--In carrying out this subtitle, the
Administrator shall--
(1) establish metrics to measure the efficacy of the
process developed under section 5911 and the criteria
developed under section 5912; and
(2) seek input from relevant representatives of
State, regional, local, territorial, and Tribal
governments, representatives of community-based
organizations, subject matter experts, and individuals
from underserved communities impacted by disasters.
(b) Report.--Not later than one year after the dissemination
of the criteria under section 5912(a), and annually thereafter,
the Administrator shall submit to Congress a report describing
how the criteria and processes developed under this subtitle
have impacted efforts to ensure equity in the provision of
Federal assistance and throughout all programs and policies of
the Agency, including--
(1) any obstacles identified or areas for improvement
with respect to implementation of such criteria and
processes, including any recommended legislative
changes;
(2) the effectiveness of such criteria and processes,
as measured by the metrics established under subsection
(a); and
(3) any impacts of such criteria and processes on the
provision of Federal assistance, with specific
attention to impacts related to efforts within the
Agency to address barriers to access and reducing
disparate outcomes.
Subtitle B--Operational Enhancement to Improve Equity in Federal
Disaster Management
SEC. 5921. EQUITY ADVISOR.
(a) In General.--The Administrator shall designate a senior
official within the Agency as an equity advisor to the
Administrator to be responsible for advising the Administrator
on Agency efforts to ensure equity in the provision of Federal
assistance and throughout all programs and policies of the
Agency.
(b) Qualifications.--In designating an equity advisor under
subsection (a), the Administrator shall select an individual
who is a qualified expert with significant experience with
respect to equity policy, civil rights policy, or programmatic
reforms.
(c) Duties.--In addition to advising the Administrator, the
equity advisor designated under subsection (a) shall--
(1) participate in the implementation of sections
5911 and 5912;
(2) monitor equity the implementation of equity
efforts within the Agency and within Federal Emergency
Management Agency Regions to ensure consistency in the
implementation of policy or programmatic changes
intended to ensure equity in the provision of Federal
assistance and throughout all programs and policies of
the Agency;
(3) identify ways to improve the policies and
programs of the Agency to ensure that such policies and
programs are equitable, including enhancing
opportunities to support underserved populations in
preparedness, mitigation, protection, response, and
recovery; and
(4) any other activities the Administrator considers
appropriate.
(d) Consultation.--In carrying out the duties under this
section, the equity advisor shall, on an ongoing basis, consult
with representatives of underserved communities, including
communities directly impacted by disasters, to evaluate
opportunities and develop approaches to advancing equity within
the Agency, including by increasing coordination,
communication, and engagement with--
(1) community-based organizations;
(2) civil rights organizations;
(3) institutions of higher education;
(4) research institutions;
(5) academic organizations specializing in diversity,
equity, and inclusion issues; and
(6) religious and faith-based organizations.
SEC. 5922. EQUITY ENTERPRISE STEERING GROUP.
(a) Establishment.--There is established in the Agency a
steering group to advise the Administrator on how to ensure
equity in the provision of Federal assistance and throughout
all programs and policies of the Agency.
(b) Responsibilities.--In carrying out subsection (a), the
steering group established under this section shall--
(1) review and, as appropriate, recommend changes to
Agency-wide policies, procedures, plans, and guidance;
(2) support the development and implementation of the
processes and criteria developed under subtitle A; and
(3) monitor the integration and establishment of
metrics developed under section 5913.
(c) Composition.--The Administrator shall appoint the
following individuals as members of the steering group
established under subsection (a):
(1) Representatives from each of the following
offices of the Agency:
(A) The Office of Equal Rights.
(B) The Office of Response and Recovery.
(C) FEMA Resilience.
(D) The Office of Disability Integration and
Coordination.
(E) The United States Fire Administration.
(F) The mission support office of the Agency.
(G) The Office of Chief Counsel.
(H) The Office of the Chief Financial
Officer.
(I) The Office of Policy and Program
Analysis.
(J) The Office of External Affairs.
(2) The administrator of each Regional Office, or his
or her designee.
(3) The equity advisor, as designated by the
Administrator under section 5921.
(4) A representative from the Office for Civil Rights
and Civil Liberties of the Department of Homeland
Security.
(5) The Superintendent of the Emergency Management
Institute.
(6) The National Tribal Affairs Advisor of the
Federal Emergency Management Agency.
(7) Any other official of the Agency the
Administrator determines appropriate.
(d) Leadership.--The Administrator shall designate one or
more members of the steering group established under subsection
(a) to serve as chair of the steering group.
SEC. 5923. GAO REVIEW OF EQUITY REFORMS.
Not later than three years after the date of enactment of
this Act, the Comptroller General of the United States shall
issue a report to evaluate the implementation of this subtitle
and subtitle A.
Subtitle C--GAO Review of Factors to Determine Assistance
SEC. 5931. GAO REVIEW OF FACTORS TO DETERMINE ASSISTANCE.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Comptroller General of the United
States shall issue a report describing the factors the Agency
considers when evaluating a request from a Governor to declare
that a major disaster or emergency exists and to authorize
assistance under sections 402, 403, 406, 407, 408, 428, and 502
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170a et seq.).
(b) Contents.--The report issued under subsection (a) shall
include--
(1) an assessment of--
(A) the degree to which the factors the
Agency considers when evaluating a request for
a major disaster or emergency declaration--
(i) affect equity for underserved
communities, particularly with respect
to major disaster and emergency
declaration requests, approvals of such
requests, and the authorization of
assistance described in subsection (a);
and
(ii) are designed to deliver
equitable outcomes;
(B) how the Agency utilizes such factors or
monitors whether such factors result in
equitable outcomes;
(C) the extent to which major disaster and
emergency declaration requests, approvals of
such requests, and the authorization of
assistance described in subsection (a), are
more highly correlated with high-income
counties compared to lower-income counties;
(D) whether the process and administrative
steps for conducting preliminary damage
assessments are equitable; and
(E) to the extent practicable, whether such
factors may deter a Governor from seeking a
major disaster or emergency declaration for
potentially eligible counties; and
(2) a consideration of the extent to which such
factors affect underserved communities--
(A) of varying size;
(B) with varying population density and
demographic characteristics;
(C) with limited emergency management staff
and resources; and
(D) located in urban or rural areas.
(c) Recommendations.--The Comptroller General shall include
in the report issued under subsection (a) any recommendations
for changes to the factors the Agency considers when evaluating
a request for a major disaster or emergency declaration to
account for underserved communities.
----------
442. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. REPORT ON THE USE OF DATA AND DATA SCIENCE AT THE DEPARTMENT
OF STATE AND USAID.
Not later than 180 days after the date of the enactment of
this Act, the Comptroller General shall submit to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report
containing the results of a study regarding--
(1) the use of data in foreign policy, global issues
policy analysis, and decision-making at the Department
of State;
(2) the use of data in development, development
assistance policy, and development program design and
execution at the United States Agency for International
Development; and
(3) the use of data in recruitment, hiring,
retention, and personnel decisions at the Department of
State and the United States Agency for International
Development, including the accuracy and use of data for
comprehensive strategic workforce planning across all
career and non-career hiring mechanisms.
----------
443. An Amendment To Be Offered by Representative Mcgovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. _. MODIFICATION OF REPORTS TO CONGRESS UNDER GLOBAL MAGNITSKY
HUMAN RIGHTS ACCOUNTABILITY ACT.
Section 1264(a) of the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 24 2656 note) is amended--
(1) in paragraph (5), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(7) a description of additional steps taken by the
President through diplomacy, international engagement,
and assistance to foreign or security sectors to
address persistent underlying causes of conduct that is
sanctionable under section 1263 in countries where
those sanctioned are located; and
``(8) a description of additional steps taken by the
President to ensure the pursuit of judicial
accountability in appropriate jurisdictions with
respect to those foreign persons subject to sanctions
under section 1263.''.
----------
444. An Amendment To Be Offered by Representative Quigley of Illinois
or His Designee, Debatable for 10 Minutes
At the end of division E, add the following:
TITLE LIX--PREVENTING FUTURE PANDEMICS
SEC. 5901. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the
Senate;
(C) the Committee on Foreign Affairs of the
House of Representatives; and
(D) the Committee on Appropriations of the
House of Representatives.
(2) Commercial trade in live wildlife.--The term
``commercial trade in live wildlife''--
(A) means commercial trade in live wildlife
for human consumption as food or medicine,
whether the animals originated in the wild or
in a captive environment; and
(B) does not include--
(i) fish;
(ii) invertebrates;
(iii) amphibians and reptiles; and
(iv) the meat of ruminant game
species--
(I) traded in markets in
countries with effective
implementation and enforcement
of scientifically based,
nationally implemented policies
and legislation for processing,
trans-port, trade, and
marketing; and
(II) sold after being
slaughtered and processed under
sanitary conditions.
(3) One health.--The term ``One Health'' means a
collaborative, multi-sectoral, and transdisciplinary
approach working at the local, regional, national, and
global levels with the goal of achieving optimal health
outcomes that recognizes the interconnection between--
(A) people, animals, both wild and domestic,
and plants; and
(B) the environment shared by such people,
animals, and plants.
(4) Wildlife market.--The term ``wildlife market''--
(A) means a commercial market or subsection
of a commercial market--
(i) where live mammalian or avian
wildlife is held, slaughtered, or sold
for human consumption as food or
medicine whether the animals originated
in the wild or in a captive
environment; and
(ii) that delivers a product in
communities where alternative
nutritional or protein sources are
readily available and affordable; and
(B) does not include--
(i) 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 and rural local
communities rely to feed them-selves
and their families; and
(ii) processors of dead wild game and
fish.
SEC. 5902. COUNTRY-DRIVEN APPROACH TO END THE COMMERCIAL TRADE IN LIVE
WILDLIFE AND ASSOCIATED WILDLIFE MARKETS.
(a) In General.--Not later than 120 days after the completion
of the first report required under section 5905, 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, including the
Centers for Disease Control and Prevention, the Secretary of
Agriculture, and the Secretary of the Interior, and after
consideration of the results of best available scientific
findings of practices and behaviors occurring at the source of
zoonoses spillover and spread, shall publicly release a list of
countries the governments of which express willingness to end
the domestic and international commercial trade in live
wildlife and associated wildlife markets for human consumption,
as defined for purposes of this title--
(1) immediately;
(2) after a transitional period; and
(3) aspirationally, over a long-term period.
(b) Global Health Security Zoonosis Plans.--The Secretary of
State and the Administrator of the United States Agency for
International Development shall work bilaterally with the
governments of the countries listed pursuant to subsection (a)
to establish Global Health Security Zoonoses Plans that--
(1) outline actions to address novel pathogens of
zoonotic origin that have the potential to become
epidemics or pandemics;
(2) identify incentives and strengthened policies;
and
(3) provide technical support to communities, policy
makers, civil society, law enforcement, and other
stakeholders to--
(A) end the domestic and international
commercial trade in live wildlife and
associated wildlife markets for human
consumption immediately, during a transitional
period, or aspirationally; and
(B) improve the biosecurity and sanitation
conditions in markets.
(c) Updates.--The list of countries required by subsection
(a), the corresponding Global Health Security Zoonosis plans
established pursuant to subsection (b), and any actions taken
under such plans to end the commercial trade in live wildlife
and associated wildlife markets for human consumption
immediately, during a transitional period, or aspirationally,
shall be reviewed, updated, and publicly released annually by
the Secretary and Administrator, following review of the most
recent scientific data.
SEC. 5903. SENSE OF CONGRESS.
It is the sense of Congress that global institutions,
including the Food and Agriculture Organization of the United
Nations, the World Organisation for Animal Health, the World
Health Organization, and the United Nations Environment
Programme, together with leading intergovernmental and
nongovernmental organizations, veterinary and medical colleges,
the Department of State, and the United States Agency for
International Development, should--
(1) promote the paradigm of One Health as an
effective and integrated way to address the complexity
of emerging disease threats; and
(2) support improved community health, biodiversity
conservation, forest conservation and management,
sustainable agriculture, and the safety of livestock,
domestic animals, and wildlife in developing countries,
particularly in tropical landscapes where there is an
elevated risk of zoonotic disease spill over.
SEC. 5904. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support the availability of scalable and
sustainable alternative sources of protein and
nutrition for local communities, where appropriate, in
order to minimize human reliance on the commercial
trade in live wildlife for human consumption;
(2) support foreign governments to--
(A) reduce commercial trade in live wildlife
for human consumption;
(B) transition from the commercial trade in
live wildlife for human consumption to
sustainably produced alternate protein and
nutritional sources;
(C) establish and effectively manage and
protect natural habitat, including protected
and conserved areas and the lands of Indigenous
peoples and local communities, particularly in
countries with tropical forest hotspots for
emerging diseases;
(D) strengthen veterinary and agricultural
extension capacity to improve sanitation along
the value chain and biosecurity of live animal
markets; and
(E) strengthen public health capacity,
particularly in countries where there is a high
risk of emerging zoonotic viruses and other
infectious diseases;
(3) respect the rights and needs of indigenous
peoples and local communities dependent on such
wildlife for nutritional needs and food security; and
(4) facilitate international cooperation by working
with international partners through intergovernmental,
international, and nongovernmental organizations such
as the United Nations to--
(A) 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 closure of wildlife markets
and prevention of the commercial trade in live
wildlife for human consumption, except 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;
(B) raise awareness and build stakeholder
engagement networks, including civil society,
the private sector, and local and regional
governments on the dangerous potential of
wildlife markets as a source of zoonotic
diseases 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;
(C) encourage and support alternative forms
of sustainable food production, farming, and
shifts to sustainable sources of protein and
nutrition instead of terrestrial wildlife,
where able and appropriate, and reduce consumer
demand for terrestrial and freshwater 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
(D) strive to increase biosecurity and
hygienic standards implemented in farms,
gathering centers, transport, and market
systems around the globe, especially those
specializing in the provision of products
intended for human consumption.
SEC. 5905. PREVENTION OF FUTURE ZOONOTIC SPILLOVER EVENT.
(a) In General.--The Secretary of State and the 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, the Director of
the Centers for Disease Control and Prevention, and the heads
of other relevant departments and agencies, shall work with
foreign governments, multilateral entities, intergovernmental
organizations, international partners, private sector partners,
and nongovernmental organizations to carry out activities
supporting the following objectives, recognizing that multiple
interventions will likely be necessary to make an impact, and
that interventions will need to be tailored to the situation
to--
(1) pursuant to section 5902, close wildlife markets
and prevent associated commercial trade in live
wildlife, placing a priority focus on countries with
significant markets for live wildlife for human
consumption, high-volume commercial trade and
associated markets, trade in and across urban centers,
and trade for luxury consumption or where there is no
dietary necessity--
(A) through existing treaties, conventions,
and agreements;
(B) by amending existing protocols or
agreements;
(C) by pursuing new protocols; or
(D) by other means of international
coordination;
(2) improve regulatory oversight and reduce
commercial trade in live wildlife and eliminate
practices identified to contribute to zoonotic
spillover and emerging pathogens;
(3) prevent commercial trade in live wildlife through
programs that combat wildlife trafficking and poaching,
including--
(A) providing assistance to improve law
enforcement;
(B) detecting and deterring the illegal
import, transit, sale, and export of wildlife;
(C) strengthening such programs to assist
countries through legal reform;
(D) improving information sharing and
enhancing capabilities of participating foreign
governments;
(E) supporting efforts to change behavior and
reduce demand for such wildlife products;
(F) leveraging United States private sector
technologies and expertise to scale and enhance
enforcement responses to detect and prevent
such trade; and
(G) strengthening collaboration with key
private sector entities in the transportation
industry to prevent and report the transport of
such wildlife and wildlife products;
(4) leverage strong United States bilateral
relationships to support new and existing inter-
Ministerial collaborations or Task Forces that can
serve as regional One Health models;
(5) build local agricultural and food safety capacity
by leveraging expertise from the United States
Department of Agriculture (USDA) and institutions of
higher education with agricultural or natural resource
expertise;
(6) work through international organizations to help
develop a set of objective risk-based metrics that
provide a cross-country comparable measure of the level
of risk posed by wildlife trade and marketing and can
be used to track progress nations make in reducing
risks, identify where resources should be focused, and
potentially leverage a peer influence effect;
(7) increase efforts to prevent the degradation and
fragmentation of forests and other intact ecosystems 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, for example--
(A) conserve, protect, and restore the
integrity of such ecosystems;
(B) support the rights and needs of
Indigenous People and local communities and
their ability to continue their effective
stewardship 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;
(8) offer appropriate alternative livelihood and
worker training programs and enterprise development to
wildlife traders, wildlife breeders, and local
communities whose members are engaged in the commercial
trade in live wildlife for human consumption;
(9) ensure that the rights of indigenous peoples and
local communities are respected and their authority to
exercise these rights is protected;
(10) strengthen global capacity for prevention,
prediction, and detection of novel and existing
zoonoses with pandemic potential, including the support
of innovative technologies in coordination with the
United States Agency for International Development, the
Centers for Disease Control and Prevention, and other
relevant departments and agencies; and
(11) support the development of One Health systems at
the local, regional, national, and global levels in
coordination with the United States Agency for
International Development, the Centers for Disease
Control and Prevention, and other relevant departments
and agencies, particularly in emerging infectious
disease hotspots, through a collaborative,
multisectoral, and transdisciplinary approach that
recognizes the interconnections among people, animals,
plants, and their shared environment to achieve
equitable and sustainable health outcomes.
(b) Activities May Include.--
(1) Global cooperation.--The United States
Government, working through the United Nations and its
components, as well as international organization such
as Interpol, the Food and Agriculture Organization of
the United Nations, and the World Organisation for
Animal Health, and in furtherance of the policies
described in section 5904, shall--
(A) collaborate with other member States,
issue declarations, statements, and communiques
urging countries to close wildlife markets, and
prevent commercial trade in live wildlife 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 new, and support existing,
international coalitions focused on closing wildlife
markets and preventing commercial trade in live
wildlife for human consumption, 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
associated trade over such timeframe and in
such manner as to minimize the increase of
wildlife trafficking and poaching.
(B) Creating economic and enforcement
pressure for the immediate shut down of
uncontrolled, unsanitary, or illicit wildlife
markets and their supply chains to prevent
their operation.
(C) Providing assistance and guidance to
other governments on measures to prohibit the
import, export, and domestic commercial trade
in live wildlife for the purpose of human
consumption.
(D) Implementing risk reduction interventions
and control options to address zoonotic
spillover along the supply chain for the
wildlife market system.
(E) Engaging and receiving guidance from key
stakeholders at the ministerial, local
government, and civil society level, including
Indigenous Peoples, in countries that will be
impacted by this title and where wildlife
markets and associated wildlife trade are the
predominant source of meat or protein, in order
to mitigate the impact of any international
efforts on food security, nutrition, local
customs, conservation methods, or cultural
norms.
(c) 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 such sums as necessary for each of
fiscal years 2023 through 2032 to the United
States Agency for International Development to
reduce demand for consumption of wildlife from
wildlife markets and support shifts to
diversified alternative and sustainably
produced sources of nutritious 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, using a multisectoral approach and
including support for demonstration programs.
(B) Activities.--The Bureau for Development,
Democracy and Innovation (DDI), the Bureau for
Resilience and Food Security (RFS), and the
Bureau for Global Health (GH) of the United
States Agency for International Development
shall, in partnership with United States and
international 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, in consultation
with the Secretary of the Interior, shall increase
activities in United States Agency for International
Development programs related to conserving
biodiversity, combating wildlife trafficking,
sustainable landscapes, 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, livestock, and
wildlife health monitoring systems of pathogens
of zoonotic origin to support early detection
and reporting of novel and known pathogens for
emergence of zoonotic disease and strengthening
cross-sectoral collaboration to align risk
reduction approaches in consultation with the
Director of the Centers for Disease Control and
the Secretary of Health and Human Services;
(D) improved domestic and wild animal disease
monitoring and control at production and market
levels;
(E) development of alternative livelihood
opportunities where possible;
(F) preventing degradation and fragmentation
of forests and other intact ecosystems and
restoring the integrity of such ecosystems,
particularly in tropical countries, to prevent
the creation of new pathways for zoonotic
pathogen transmission that arise from
interactions among wildlife, humans, and
livestock populations;
(G) minimizing interactions between domestic
livestock and wild animals in markets and
captive production;
(H) supporting shifts from wildlife markets
to diversified, safe, affordable, and
accessible alternative sources of protein and
nutrition through enhanced local and national
food systems while ensuring that existing
wildlife habitat is not encroached upon or
destroyed as part of this process;
(I) improving community health, forest
management practices, and safety of livestock
production in tropical landscapes, particularly
in hotspots for zoonotic spillover and emerging
infectious diseases;
(J) preventing degradation and fragmentation
of forests and other intact ecosystems,
particularly in tropical countries, to minimize
interactions between wildlife, human, and
livestock populations that could contribute to
spillover events and zoonotic disease
transmission, including by providing assistance
or supporting policies to--
(i) conserve, protect, and restore
the integrity of such ecosystems; and
(ii) support the rights of Indigenous
People and local communities and their
ability to continue their effective
steward ship of their intact
traditional lands and territories;
(K) supporting development and use of multi-
data sourced predictive models and
decisionmaking tools to identify areas of
highest probability of zoonotic spillover and
to determine cost-effective monitoring and
mitigation approaches; and
(L) other relevant activities described in
this section that are within the mandate of the
United States Agency for International
Development.
(d) Staffing Requirements.--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, the Centers for Disease Control and
Prevention, and other Federal entities as appropriate, is
authorized to hire additional personnel--
(1) to undertake programs aimed at reducing the risks
of endemic and emerging infectious diseases and
exposure to antimicrobial resistant pathogens;
(2) to provide administrative support and resources
to ensure effective and efficient coordination of
funding opportunities and sharing of expertise from
relevant United States Agency for International
Development bureaus and programs, including emerging
pandemic threats;
(3) to award funding to on-the-ground projects;
(4) to provide project oversight to ensure
accountability and transparency in all phases of the
award process; and
(5) to undertake additional activities under this
title.
(e) Reporting Requirements.--
(1) Department of state and united states agency for
international development.--
(A) In general.--Not later than 1 year after
the date of the enactment of this Act, and
annually thereafter until 2030, the Secretary
of State and the Administrator of the United
States Agency for International Development
shall submit to the appropriate congressional
committees a report--
(i) describing--
(I) the actions taken
pursuant to this title and the
provision of United States
technical assistance;
(II) the impact and
effectiveness of international
cooperation on shutting down
wildlife markets;
(III) partnerships developed
with other institutions of
higher learning and
nongovernmental organizations;
and
(IV) the impact and
effectiveness of international
cooperation on preventing the
import, export, and domestic
commercial trade in live
wildlife for the purpose of
human use as food or medicine,
while accounting for the
differentiated needs of
vulnerable populations who
depend upon such wildlife as a
predominant source of meat or
protein;
(ii) identifying--
(I) foreign countries that
continue to enable the
operation of wildlife markets
as defined by this title and
the associated trade of
wildlife products for human use
as food or medicine that feeds
such markets;
(II) recommendations for
incentivizing or enforcing
compliance with laws and
policies to close wildlife
markets pursuant to section
5902 and uncontrolled,
unsanitary, or illicit wildlife
markets and end the associated
commercial trade in live
wildlife for human use as food
or medicine, which may include
visa restrictions and other
diplomatic or economic tools;
and
(III) summarizing additional
personnel hired with funding
authorized under this title,
including the number hired in
each bureau.
(B) Initial report.--The first report
submitted under subparagraph (A) shall include,
in addition to the elements described in such
subparagraph, a summary of existing research
and findings related to the risk live wildlife
markets pose to human health through the
emergence or reemergence of pathogens and
activities to reduce the risk of zoonotic
spillover.
(C) Form.--The report required under this
paragraph shall be submitted in unclassified
form, but may include a classified annex.
SEC. 5906. LAW ENFORCEMENT ATTACHE DEPLOYMENT.
(a) In General.--The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, and 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 1 or
more United States embassies, consulates, commands, or other
facilities--
(1) in 1 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 the Interior, that are
known or suspected to be a source of illegal trade of
species listed--
(A) as a threatened species or an 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).
(b) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $150,000,000 for each
of fiscal years 2023 through 2032.
SEC. 5907. RESERVATION OF RIGHTS.
Nothing in this title shall restrict or otherwise prohibit--
(1) legal and regulated hunting, fishing, or trapping
activities for subsistence, sport, or recreation; or
(2) the lawful domestic and international transport
of legally harvested fish or wildlife trophies.
----------
445. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. DEPARTMENT OF STATE FELLOWSHIPS FOR RULE OF LAW ACTIVITIES IN
CENTRAL AMERICA.
(a) Establishment.--The Secretary of State shall establish a
fellowship program, to be known as the ``Central American
Network for Democracy'', to support a regional corps of civil
society activists, lawyers (including members of the judiciary
and prosecutors' offices), journalists, and investigators.
(b) Elements.--This fellowship program shall--
(1) provide a temporary respite for members of the
regional corps in a safe environment;
(2) allow the members to continue to work via
engagement with universities, think tanks, government
actors, and international organizations; and
(3) aid the members in leveraging lessons learned in
order to contribute to regional democracy and rule of
law activities in Central America, including electoral
and transition support, institutional reform, anti-
corruption investigations, and local engagement.
(c) Regional and International Support.--The Secretary of
State shall take such steps as may be necessary--
(1) to obtain support for the fellowship program from
international foundations, regional and United States
governmental and nongovernmental organizations, and
regional and United States universities; and
(2) to ensure the fellowship program is well
coordinated with and complementary of existing
mechanisms such as the Lifeline Embattled CSO
Assistance Fund.
(d) Focus; Safety.--Activities carried out under the
fellowship program--
(1) should focus on coordination and consultation
with key agencies and international bodies to continue
their democracy efforts, including the Department of
State, the United States Agency for International
Development, the Organization of American States, the
Inter-American Court for Human Rights, the United
Nations, the Department of Justice, and the Department
of the Treasury; and
(2) may include strengthened protection for the
physical safety of individuals who must leave their
home country to participate in the program, including
assistance for temporary relocation, English language
learning, and mental health support.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section $10,000,000 for
fiscal year 2023.
----------
446. An Amendment To Be Offered by Representative Jacobs of California
or Her Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following
SEC. 58_. REPORT ON HUMANITARIAN IMPACTS OF SANCTIONS IN AFGHANISTAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State, the Administrator of
the United States Agency for International Development, the
National Security Council, the Attorney General, the United
States Ambassador to the United Nations, and relevant
international financial institutions and nongovernmental
organizations, shall submit to the appropriate congressional
committees a report on the humanitarian impact of Afghanistan-
related sanctions, including those related to the Taliban and
members of the Taliban or other Taliban-affiliated groups such
as the Haqqani network, and the decision to withhold
$3,500,000,000 in Afghan Central Bank funds in the period since
the United States military and diplomatic withdrawal and change
in control of Afghanistan in August 2021.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) An assessment of the effect of sanctions on--
(A) the ability of the civilian population to
access basic goods and services such as food,
water, sanitation, shelter, livelihoods, and
public services, including health, education,
and utilities, including access to cash and
banking or other financial services;
(B) women, girls, and other marginalized
populations;
(C) the ability of humanitarian actors,
including locally-led and women-led
organizations, to deliver aid and services;
(D) impact on key health indicators,
including the maternal mortality rate, life
expectancy, access to education, including
literacy rates and poverty;
(E) the delivery of economic aid and
implementation of development projects in the
country;
(F) displacement and population movements
within and outside of Afghanistan;
(G) liquidity and economic stability,
including the functionality of the Da
Afghanistan Bank; and
(H) illegal economic activity and illicit
financial flows.
(2) A review of the Department of the Treasury's
Office of Foreign Assets Control (OFAC) Afghanistan-
related licensing after August 2021, to include an
assessment of--
(A) the timeliness of general licenses
released, including the humanitarian,
financial, and commercial impacts of delays in
licensing;
(B) the number of specific licenses applied
for, approved, or denied, reasons for denial if
applicable, and average time to receive a
decision; and
(C) de-risking and the effect on
humanitarian, financial, and commercial
activities in Afghanistan.
(3) An analysis of the steps the United States
Administration undertook to calibrate sanctions to
mitigate the identified humanitarian, economic, and
political impact of United States sanctions in
Afghanistan, to include measures taken to--
(A) tailor the sanctions program and make
changes to existing authorities;
(B) mitigate humanitarian, financial, and
commercial impacts not addressed by the OFAC
licensing process, including de-risking;
(C) address increased humanitarian needs; and
(D) increase liquidity and stabilize the
economy.
(4) An identification of lessons learned from
Afghanistan-related sanctions that can be applied to
current and future United States-sanctioned
jurisdictions in support of non-targeted civilian
populations.
(5) An assessment of whether the individuals in the
Taliban or the entity continue to meet the threshold to
continue to be designated.
----------
447. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle E 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.''.
----------
448. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
Page 1262, after line 23, insert the following:
SEC. 5403. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM.
(a) In General.--Title I of the Housing and Community
Development Act of 1974 is amended--
(1) in section 101(c) (42 U.S.C. 5301(c))--
(A) in paragraph (8), by striking ``and'' at
the end;
(B) in paragraph (9), by striking the period
at the end and inserting ``; and''; and
(C) by inserting after paragraph (9) and
before the undesignated matter at the end the
following:
``(10) in the case of grants awarded under section 123,
the recovery from disasters and efforts to mitigate the effects
of future disasters.'';
(2) in section 102(a) (42 U.S.C. 5302(a))--
(A) in paragraph (20)(A), by inserting before
the last sentence the following: ``The term
`persons of middle income' means families and
individuals whose incomes exceed 80 percent,
but do not exceed 120 percent, of the median
income of the area involved, as determined by
the Secretary with adjustments for smaller and
larger families.'' and
(B) by adding at the end the following new
paragraph:
``(25) The term `major disaster' has the meaning
given such term in section 102 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122).'';
(3) in section 106(c)(4) (42 U.S.C. 5306(c)(4))--
(A) in subparagraph (A)--
(i) by striking ``declared by the
President under the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act''; and
(ii) by inserting ``major'' before
``disaster, any amounts'';
(B) in subparagraph (C), by inserting
``major'' before ``disaster''; and
(C) in subparagraph (F), by inserting
``major'' before ``disaster'';
(4) in section 122 (42 U.S.C. 5321)), by striking
``disaster under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act'' and
inserting ``major disaster''; and
(5) by adding at the end the following new sections:
``SEC. 123. CDBG-DISASTER RECOVERY ASSISTANCE.
``(a) Authority; Use.--
``(1) In general.--The Secretary may provide
assistance under this section to States, including
Puerto Rico, units of general local government, and
Indian tribes for necessary expenses for activities
authorized under this title related to disaster relief,
resiliency, long-term recovery, restoration of
infrastructure and housing, mitigation, and economic
revitalization in the most impacted and distressed
areas (as such term shall be defined by the Secretary
by regulation) resulting from a major disaster declared
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(2) Authorization of Appropriations.--For purposes
of assistance under this section, there are authorized
to be appropriated and made available in the Community
Development Block Grant Declared Disaster Recovery Fund
established under section 124, such sums as are
necessary to respond to current or future disasters,
which shall remain available until expended.
``(b) Allocation; Coordination.--
``(1) Allocation amounts.--The Secretary shall
annually establish and publish on its website an unmet
needs threshold for most impacted and distressed areas
resulting from a major disaster that shall result in a
grant under this section. In determining the amount
allocated under this section for any grantee, the
Secretary shall make allocations based on the best
available data on unmet recover needs and include an
additional amount, as determined by the Secretary, for
mitigation, based on the best available research, the
type of disaster, and such amounts awarded for
mitigation for similar types of disasters in prior
years. Such data may include information from the
Federal Emergency Management Agency, the Small business
Administration, and any other relevant Federal, State,
or local agency, and data from the Bureau of the Census
to assess the unmet needs of both homeowners and
renters.
``(2) Deadlines for allocation.--Except as provided
in paragraph (3), for any major disaster meeting the
most impacted and distressed unmet need threshold
requirements in paragraph (1), the Secretary shall
allocate funds available to a grantee for assistance
under this section within 60 days of the date of a
major disaster declaration or 60 days from when
sufficient funds become available to make the
allocation.
``(3) Inapplicability of Deadlines based on
insufficient information.--The deadlines under
paragraph (2) for allocation of funds shall not apply
in the case of funds made available for assistance
under this section if Federal Emergency Management
Agency has not made sufficient information available to
the Secretary regarding relevant unmet recovery needs
to make allocations in accordance with such deadlines.
The Secretary shall notify the Congress of progress on
or delay in receiving the necessary information within
60 days following declaration of such a major disaster
and monthly thereafter until all necessary information
is received.
``(4) Obligation of amounts by the secretary.--
Subject to subsection (c)(1), the Secretary shall
provide for the disbursement of the amounts allocated
for a grantee, but shall require the grantee to be in
substantial compliance with the requirements of this
section before each such disbursement.
``(5) Coordination of disaster benefits and data with
other federal agencies.--
``(A) Coordination of data.--The Secretary
shall coordinate with other agencies to obtain
data on recovery needs, including the
Administrator of the Federal Emergency
Management Agency and the Administrator of the
Small Business Administration, and other
agencies when necessary regarding disaster
benefits.
``(B) Coordination with FEMA.--The Secretary
shall share with the Administrator of the
Federal Emergency Management Agency, and make
publicly available (with such redactions
necessary to protect personally identifiable
information), all data collected, possessed, or
analyzed during the course of a disaster
recovery for which assistance is provided under
this section. Notwithstanding section 552a of
title 5, U.S.C., or any other law, the
Secretary may make data transfers pertaining to
grants under this section with the FEMA
Administrator, grantees, and academic and
research institutions described in section
123(1)(3), which transfers may disclose
information about an individual without the
individual's written consent, including the use
and retention of this data for computer
matching programs to assess disaster recovery
needs and to prevent the duplication of
benefits and other waste, fraud, and abuse;
provided, that the Secretary shall enter a data
sharing agreement before sharing or receiving
any information under transfers authorized by
this section. The data sharing agreements must,
in the determination of the Secretary, include
measures adequate to safeguard the privacy and
personally identifying information of
individuals. The data the Secretary shares with
the Administrator shall include--
``(i) all data on damage caused by
the disaster;
``(ii) information on how any Federal
assistance provided in connection with
the disaster is expended; and
``(iii) information regarding the
effect of the disaster on education,
transportation capabilities and
dependence, housing needs, health care
capacity, and displacement of persons.
``(C) Requirements regarding eligibility for
direct assistance and duplication of
benefits.--Funds made available under this
subsection shall be used in accordance with
section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5155), as amended by section 1210 of the
Disaster Recovery Reform Act of 2018 (division
D, Public Law 115-254), and such rules as may
be prescribed under such section.
``(ii) Priority.--Households having
the lowest incomes shall be prioritized
for direct assistance under this
subsection until all unmet needs are
satisfied for families having an income
up to 120 percent of the median for the
area.
``(D) Treatment of duplicative benefits.--In
any case in which a grantee provides assistance
that duplicates benefits available to a person
for the same purpose from another source, the
grantee itself shall either (i) be subject to
remedies for noncompliance under section 111,
or (ii) bear responsibility for absorbing such
cost of duplicative benefits and returning an
amount equal to any duplicative benefits paid
to the grantee's funds available for use under
this section or to the Community Development
Block Grant Declared Disaster Recovery Fund
under section 124, unless the Secretary issues
a public determination by publication in the
Federal Register that it is not in the best
interest of the Federal Government to pursue
such remedies based on hardships identified in
subparagraph (E) or other reasons.
``(E) Waiver of recoupment.--A grantee of
assistance from funds made available for use
under this section may request a waiver from
the Secretary of any recoupment by the
Secretary of such funds for amounts owed by
persons who have received such assistance from
such funds and who have been defrauded, or
after receiving assistance, have filed for
bankruptcy, gone through a foreclosure
procedure on property that received such
assistance, or are deceased. If the grantee
self-certifies to the Secretary in such request
that it has verified that the individual
conditions of each person it is requesting a
waiver for meets one of the conditions
specified in the preceding sentence, the
Secretary may grant such waivers on the basis
of grantee self-certification, issue a public
determination by publication in the Federal
Register that it is not in the best interest of
the Federal Government to pursue such
recoupment, and may conduct oversight to verify
grantee self-certification and subject the
grantee to remedies for noncompliance for any
amounts that have not met such requirements.
``(F) Protection of personally identifiable information.--
In carrying out this paragraph, the Secretary and the grantee
shall take such actions as may be necessary to ensure that
personally identifiable information regarding recipients of
assistance provided from funds made available under this
section is not made publicly available by the Department of
Housing and Urban Development or any agency with which
information is shared pursuant to this paragraph.
``(c) Plan for Use of Assistance.--
``(1) Requirement.--Not later than 90 days after the
allocation pursuant to subsection (b)(1) of all of the
funds made available by an appropriations Act for
assistance under this section and before the Secretary
obligates any of such funds for a grantee, the grantee
shall submit a plan to the Secretary for approval
detailing the proposed use of all funds, which shall
include, at a minimum--
``(A) criteria for eligibility for each
proposed use of funds, including eligibility
limits on income and geography, and a
description of how each proposed use of such
funds will comply with all civil rights and
fair housing laws and will address disaster
relief, resiliency, longterm recovery,
restoration of infrastructure and housing,
hazard mitigation, and economic revitalization
in the most impacted and distressed areas,
including, as appropriate, assistance for the
benefit of impacted households experiencing
homelessness as defined by section 103 of the
McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) or at risk of homelessness as
defined by section 401 of such Act (42 U.S.C.
11360);
``(B) an agreement to share data,
disaggregated by the smallest census tract,
block group, or block possible for the data
set, with Federal agencies and other providers
of disaster relief, which shall include
information the grantee has regarding the
matters described in subsection (b)(4)(B);
``(C) identification of officials and offices
responsible for administering such funds and
processes and procedures for identifying and
recovering duplicate benefits;
``(D) for grantees other than Indian tribes,
a plan for compliance with the Fair Housing
Act, which may include, at the election of the
grantee, providing for partnerships with local
fair housing organizations and funding set-
aside for local fair housing organizations to
handle complaints relating to assistance with
amounts made available for use under this
section; and
``(E) ) a plan to provide for the funding and
delivery of--
``(i) case management services to
assist disaster-impacted residents in
identifying, understanding, and
accessing available assistance; and
``(ii) housing counseling services
through housing counseling agencies
approved by the Secretary to assist
disaster-impacted residents with
mortgage assistance, housing
affordability, homeownership, tenancy,
avoiding foreclosure and eviction, and
other housing counseling topics; ``(F)
a plan for addressing displacement or
relocation caused by activities
performed pursuant to this section such
a plan shall set forth how housing
counseling services will be delivered
in coordination with case management
services; and
``(F) ) a plan for addressing displacement or
relocation caused by activities performed
pursuant to this section.
``(2) Implementation funding.--To speed recovery, the
Secretary may award a portion of a grant for
implementation purposes under this section at the time
the Secretary announces the allocation of funds and
before the Secretary has issued pre-grant
certifications and the grantee has made required
submissions to the Secretary, and with the following
conditions:
``(A) Implementation funding under this
paragraph shall not exceed 10 percent of the
grant awarded under subsection (a).
``(B) Implementation funding shall be limited
to eligible activities that, in the
determination of the Secretary, will support
faster recovery, improve the grantee's ability
to assess unmet recovery needs, plan for the
prevention of improper payments, and reduce
fraud, waste, and abuse.
``(C) Awards under this subsection shall not
be subject to the substantial compliance
determination under subsection (b)(4).
``(3) Approval.--
``(A) In general.--The Secretary shall, by
regulation, specify criteria for approval of
plans under paragraph (1), including approval
of substantial amendments to such plans.
``(B) Partial approval.--The Secretary may
approve a plan addressing the use of funds for
unmet recovery needs under paragraph (1) before
approving a plan addressing the use of funds
for mitigation.
``(4) Disapproval.--The Secretary shall disapprove a
plan or substantial amendment to a plan if--
``(A) the plan or substantial amendment does
not meet the approval criteria;
``(B) based on damage and unmet needs
assessments of the Secretary and the Federal
Emergency Management Administration or such
other information as may be available, the plan
or substantial amendment describing activities
to address unmet recovery needs does not
provide an allocation of resources that 1s
reasonably proportional to unmet need--
``(i) between infrastructure and
housing activities; and
``(ii) between homeowners, renters,
and persons experiencing homelessness;
``(C) unless the plan is submitted by an
Indian tribe, the plan or amendment does not
provide an adequate plan for ensuring that
funding provided under this section is used in
compliance with the Fair Housing Act;
``(D) the plan or substantial amendment does
not adequately address, as determined by the
Secretary in regulation, the unmet needs for
replacement or rehabilitation of certain
disaster-damaged housing units, with cost
adjustment where appropriate, including damaged
dwelling units in public housing, as such term
is defined in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)),
projects receiving tax credits pursuant to
section 42 of the Internal Revenue Code of
1986, or for projects assisted under section 8
of the Housing Act of 1937 (42 U.S.C. 1437f),
under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q), under section 811 of the
Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013), under the HOME Investment
Partnerships Act (42 U.S.C. 12721 et seq.),
under the community development block grant
program under this title, or by the Housing
Trust Fund under section 1338 of the Federal
Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568) or any
low and moderate income dwelling units
demolished or converted to a use other than for
housing for low and moderate income persons, as
defined in section 104 (d) of this Act (42
U.S.C. 5304(d));
``(E) the plan or substantial amendment does
not use a percentage of the grant, as
determined by the Secretary in regulation, for
acquisition, rehabilitation, reconstruction, or
other activities permitted by the Secretary to
provide affordable rental housing to benefit
persons of low and moderate income, which
rental housing will, upon completion, be
occupied by such persons; or
``(F) the plan or substantial amendment does
not provide a process to provide applicants--
``(i) notice by grantee of
applicant's right to administrative
appeal of any adverse action on the
applicant's application; and
``(ii) right to full discovery of
applicant's entire application file.
``(5) Public consultation.--In developing the plan
required under paragraph (1), a grantee shall, at a
minimum--
``(A) consult with affected residents,
stakeholders, local governments, and public
housing authorities to assess needs;
``(B) publish the plan in accordance with the
requirements set forth by the Secretary,
including a requirement to prominently post the
plan on the website of the grantee for not less
than 14 days;
``(C) ensure equal access for individuals
with disabilities and individuals with limited
English proficiency; and
``(D) publish the plan in a manner that
affords citizens, affected local governments,
and other interested parties a reasonable
opportunity to examine the contents of the plan
and provide feedback.
``(6) Resubmission.--The Secretary shall permit a
grantee to revise and resubmit a disapproved plan or
plan amendment.
``(7) Timing.--
``(A) In general.--The Secretary shall
approve or disapprove a plan not later than 60
days after submission of the plan to the
Secretary. The Secretary shall immediately
notify the State, unit of general local
government, or Indian tribe that submitted the
plan or substantial amendment of the
Secretary's decision.
``(B) Disapproval.--If the Secretary
disapproves a plan or a substantial amendment,
not later than 15 days after such disapproval
the Secretary shall inform the State, unit of
general local government, or Indian tribe in
writing of (i) the reasons for disapproval, and
(ii) actions that the State, unit of general
local government, or Indian tribe could take to
meet the criteria for approval.
``(C) Substantial amendments; resubmission.--
The Secretary shall, for a period of not less
than 45 days following the date of disapproval,
permit the revision and resubmission of any
plan or substantial amendment that is
disapproved. The Secretary shall approve or
disapprove a resubmission of any plan or
substantial amendment not less than 30 days
after receipt of such substantial amendments or
resubmission.
``(D) Grant agreements.--Subject to
subsection (b)(3), the Secretary shall ensure
that all grant agreements necessary for prompt
disbursement of funds allocated to a grantee
are signed by the Secretary within 60 days of
approval of grantee's plan describing the use
of such funds.
``(d) Financial Controls.--
``(1) Compliance System.--The Secretary shall develop
and maintain a system to ensure that each grantee has
and will maintain for the life of the grant--
``(A) proficient financial controls and
procurement processes;
``(B) adequate procedures to ensure that
eligible applicants are approved for assistance
with amounts made available for use under this
section and that recipients are provided the
full amount of assistance for which they are
eligible, subject to funding availability;
``(C) adequate procedures to prevent any
duplication of benefits, as defined by section
312 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5155),
to ensure timely expenditure of funds, and to
detect and prevent waste, fraud, and abuse of
funds; and
``(D) adequate procedures to ensure the
grantee will maintain comprehensive and
publicly accessible websites that make
available information regarding all disaster
recovery activities assisted with such funds,
which information shall include common
reporting criteria established by the Secretary
that permits individuals and entities awaiting
assistance and the general public to see how
all grant funds are used, including copies of
all relevant, unredacted procurement documents,
grantee administrative contracts and details of
ongoing procurement processes, as determined by
the Secretary.
``(2) Evaluation of compliance.--The Secretary shall
provide, by regulation or guideline, a method for
qualitatively and quantitatively evaluating compliance
with the requirements under paragraph (1).
``(3) Certification.--Before making a grant, the
Secretary shall certify in advance that the grantee has
in place the processes and procedures required under
subparagraphs (A) through (D) of paragraph (1), as
determined by the Secretary. No additional
certification is necessary if the Secretary has
recently certified that the grantee has the required
processes and procedures. The Secretary may permit a
State, unit of general local government, or Indian
tribe to demonstrate compliance with requirements for
adequate financial controls before disasters occur and
before receiving an allocation for a grant under this
section.
``(e) Use of Funds.--
``(1) Administrative costs.--
``(A) In general.--The Secretary shall
establish by regulation the maximum grant
amounts a State, unit of general local
government, or Indian tribe may use for
administrative costs, and for technical
assistance and planning activities, taking into
consideration size of grant, complexity of
recovery, and other factors as determined by
the Secretary. Amounts available for
administrative costs for a grant under this
section shall be available for eligible
administrative costs of the grantee for any
grant made under this section, without regard
to a particular disaster.
``(B) Discretion to establish sliding
scale.--The Secretary may establish a series of
percentage limitations on the amount of grant
funds received that may be used by a grantee
for administrative costs, but only if--
``(i) such percentage limitations are
based on the amount of grant funds
received by a grantee;
``(ii) such series provides that the
percentage that may be so used is lower
for grantees receiving a greater amount
of grant funds and such percentage that
may be so used is higher for grantees
receiving a lesser amount of grant
funds; and
``(iii) in no case may a grantee so
use more than 10 percent of grant funds
received.
``(2) Limitations on use.--Amounts from a grant under
this section may not be used for activities--
``(A) that are reimbursable, or for which
funds are made available, by the Federal
Emergency Management Agency, including under
the Robert T. Stafford Disaster Relief and
Emergency Assistance Act or the National Flood
Insurance Program, or
``(B) for which funds are made available by
the Army Corps of Engineers.
``(3) HUD administrative costs.--
``(A) Limitation.--Of any funds made
available to the Community Development Block
Grant Declared Disaster Recovery Fund
established under section 124 or otherwise made
available for use under this section by any
single appropriations Act, the Secretary may
use 1 percent of any such amount for necessary
costs, including information technology costs,
of administering and overseeing the obligation
and expenditure of amounts made available for
use under this section.
``(B) Transfer of funds.--Any amounts made
available for use in accordance with
subparagraph (A)--
``(i) shall be transferred to the
appropriate salaries and expenses
account in the Community Development
Block Grant Declared Disaster Recovery
Fund established under section 124 for
use by the Office of Disaster Recovery
and Resilient Communities;
``(ii) shall remain available until
expended; and
``(iii) may be used for administering
any funds appropriated for the same
purposes described in section 123(a) to
the Community Development fund or
Community Development Block Grant
Declared Disaster Recovery Fund
established under section 124 in any
prior or future Act, notwithstanding
the disaster for which such funds were
appropriated.
``(4) Inspector general.--Of any funds made available
for use in accordance with paragraph (3)(A), 15 percent
shall be transferred to the Office of the Inspector
General for necessary costs of audits, reviews,
oversight, evaluation, and investigations relating to
amounts made available for use under this section.
``(5) Capacity building.--Of any funds made available
for use under this section, not more than 0.1 percent
or $15,000,000, whichever is less, shall be made
available to the Secretary for capacity building and
technical assistance, including assistance regarding
contracting and procurement processes, to support
grantees and subgrantees receiving funds under this
section.
``(6) Mitigation planning.--
``(A) Requirement.--The Secretary shall
require each grantee to use a fixed percentage
of any allocation for mitigation for
comprehensive mitigation planning, subject to
the limitations on funds in paragraph (2).
``(B) Amount.--The Secretary may establish
such fixed percentage by regulation and may
establish a lower percentage for grantees
receiving a grant exceeding $1,000,000,000.
``(C) Coordination.--Each grantee shall
ensure that such comprehensive mitigation
planning is coordinated and aligned with
existing comprehensive, land use,
transportation, and economic development plans,
and specifically analyze multiple types of
hazard exposures and risks. Each grantee shall
coordinate and align such mitigation planning
with other mitigation projects funded by the
Federal Emergency Management Agency, the Army
Corps of Engineers, the Forest Service, and
other agencies as appropriate.
``(D) Use of funds.--Such funds may be used
for the purchase of data and development or
updating of risk mapping for all relevant
hazards.
``(E) Priority.--Grantees shall prioritize
the expenditure of grant funds to support
hazard mitigation and resiliency funds for
activities primarily benefitting persons of low
and moderate income with the greatest risk of
harm from natural hazards.
``(7) Building safety.--
``(A) In general.--In consultation with the
Administrator of the Federal Emergency
Management Agency, the Secretary shall provide
that no funds made available under this section
shall be used for installation, substantial
rehabilitation, reconstruction, or new
construction of infrastructure or residential,
commercial, or public buildings in hazard-prone
areas, unless construction complies with
paragraph (8) and with the latest published
editions of relevant national consensus-based
codes, and specifications and standards
referenced therein, except that nothing in this
section shall be construed to prohibit a
grantee from requiring higher standards.
``(B) Savings provision.--Nothing in
subparagraph (A) shall be construed as a
requirement for a grantee to adopt the latest
published editions of relevant national
consensus-based codes, specifications, and
standards.
``(C) Compliance.--Compliance with this
paragraph may be certified by a suitable design
professional.
``(D) Definitions.--For purposes of this
paragraph, the following definitions shall
apply:
``(i) Hazard-prone areas.--The term
`hazard-prone areas' means areas
identified by the Secretary, in
consultation with the Administrator, at
risk from natural hazards that threaten
property damage or health, safety, and
welfare, such as floods (including
special flood hazard areas), wildfires
(including Wildland-Urban Interface
areas), earthquakes, tornados, and high
winds. The Secretary may consider
future risks and the likelihood such
risks may pose to protecting property
and health, safety, and general welfare
when making the determination of or
modification to hazard-prone areas.
``(ii) Latest published editions.--
The term `latest published editions'
means, with respect to relevant
national consensus-based codes, and
specifications and standards referenced
therein, the two most recent published
editions, including, if any, amendments
made by States, units of general local
government, or Indian tribes during the
adoption process, that incorporate the
latest natural hazard-resistant designs
and establish criteria for the design,
construction, and maintenance of
structures and facilities that may be
eligible for assistance under this
section for the purposes of protecting
the health, safety, and general welfare
of a structure's or facility's users
against disasters.
``(8) Flood risk mitigation.--
``(A) Requirements.--Subject to subparagraph
(B), the Secretary shall require that any
structure that is located in an area having
special flood hazards and that is newly
constructed, for which substantial damage is
repaired, or that is substantially improved,
using amounts made available under this
section, shall be elevated with the lowest
floor, including the basement, at least two
feet above the base flood level, or to a future
f1ood protection standard that provides
equivalent protection and is developed in
conjunction with the Administrator of the
Federal Emergency Management Agency, except
that critical facilities, including hospitals,
nursing homes, and other public facilities
providing social and economic lifelines, as
defined by the Secretary, shall be elevated at
least 3 feet above the base flood elevation (or
higher if required under paragraph (7)).
``(B) Alternative mitigation.--In the case of
existing structures consisting of multifamily
housing and row houses, and other structures,
as determined by the Secretary, the Secretary
shall seek consultation with the Administrator
of the Federal Emergency Management Agency,
shall provide for alternative forms of
mitigation (apart from elevation), and shall
exempt from the requirement under subparagraph
(A) any such structure that meets the standards
for such an alternative form of mitigation.
``(C) Definitions.--For purposes of
subparagraph (A), the terms `area having
special flood hazards', `newly constructed',
`substantial damage', `substantial
improvement', and `base flood level' have the
same meanings as under the Flood Disaster
Protection Act of 1973 and the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
``(f) Administration.--In administering any amounts made
available for assistance under this section, the Secretary--
``(1) may not allow a grantee to use any such amounts
for any purpose other than the purpose approved by the
Secretary in the plan or amended plan submitted under
subsection (c) to the Secretary for use of such
amounts; and
``(2) shall prohibit a grantee from delegating, by
contract or otherwise, the responsibility for inherent
government functions.
``(g) Training for Grant Management for Subgrantees.--The
Secretary shall require each grantee to provide ongoing
training to all staff and subgrantees.
``(h) Procurement Processes and Procedures for Grantees.--
``(1) Grantee processes and procedures.--In procuring
property or services to be paid for in whole or in part
with amounts from a grant under this section, a grantee
shall--
``(A) follow its own procurement processes
and procedures, but only if the Secretary makes
a determination that such processes and
procedures comply with the requirements under
paragraph (2); or
``(B) comply with such processes and
procedures as the Secretary shall, by
regulation, establish for purposes of this
section.
``(2) Requirements.--The requirements under this
paragraph with respect to such processes and procedures
shall--
``(A) provide for full and open competition
and compliance with applicable statutory
requirements on the use of Federal funds, and
require cost or price analysis;
``(B) include requirements for procurement
policies and procedures for subgrantees;
``(C) specify methods of procurement and
their applicability, but not allow cost-plus-a-
percentage-of cost or percentage-of-
construction cost methods of procurement;
``(D) include standards of conduct governing
employees engaged in the award or
administration of contracts; and
``(E) ensure that all purchase orders and
contracts include any clauses required by
Federal statute, Executive order, or
implementing regulation.
``(i) Treatment of CDBG Allocations.--Amounts made
available for use under this section shall not be considered
relevant to the non-disaster formula allocations made pursuant
to section 106 of this title (42 U.S.C. 5306).
``(j) Waivers.--
``(1) Authority.--Subject to the other provisions of
this section, in administering amounts made available
for use under this section, the Secretary may waive, or
specify alternative requirements for, any provision of
any statute or regulation that the Secretary
administers in connection with the obligation by the
Secretary or the use by the recipient of such funds
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment
and except for the requirements of this section), if
the Secretary makes a public finding that good cause
exists for the waiver or alternative requirement and
such waiver or alternative requirement would not be
inconsistent with the overall purposes of this title.
``(2) Notice and publication.--Any waiver of or
alternative requirement pursuant to paragraph (1) shall
not take effect before the expiration of the 5-day
period beginning upon the publication of notice in the
Federal Register of such waiver or alternative
requirement.
``(3) Applicable requirements and benefit to low- and
moderate-income persons.--
``(A) In general.--The requirements in this
Act that apply to grants made under section 106
of this title (except those related to the
allocation) apply equally to grants under this
section unless modified by a waiver or
alternative requirement pursuant to paragraph
(1).
``(B) Limitation.--Notvvithstanding
subparagraph (A), the Secretary may not grant a
waiver or alternative requirement to reduce the
percentage of funds that must be used for
activities that benefit persons of low and
moderate income to less than 70 percent, unless
the Secretary specifically finds that there is
compelling need to further reduce the
percentage requirement and that funds are not
necessary to address the housing needs of low-
and moderate-income residents.
``(4) Prohibition.--The Secretary may not use the
authority under paragraph (1) to waive any provision of
this section.
``(k) Environmental Review.--
``(1) Adoption.--Notwithstanding subsection (j)(1),
recipients of funds provided under this section that
use such funds to supplement Federal assistance
provided under section 402, 403, 404, 406, 407,
408(c)(4), 428, or 502 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) may adopt, without review or public
comment, any environmental review, approval, or permit
performed by a Federal agency, and such adoption shall
satisfy the responsibilities of the recipient with
respect to such environmental review, approval, or
permit under section 104(g)(1) of this title (42 U.S.C.
5304(g)(1)).
``(2) Release of funds.--Notwithstanding section
104(g)(2) of this title (42 U.S.C. 5304(g)(2)), the
Secretary may, upon receipt of a request for release of
funds and certification, immediately approve the
release of funds for an activity or project assisted
with amounts made available for use under this section
if the recipient has adopted an environmental review,
approval or permit under paragraph (1) or the activity
or project is categorically excluded from review under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(3) State actions.--The requirements of section
104(g)(4) shall apply to assistance under this section
that a State distributes to a unit of general local
government.
``(1) Collection of Information; Audits and Oversight.--
``(1) Collection of information.--For each major
disaster for which assistance is made available under
this section, the Secretary shall collect information
from grantees regarding all recovery activities so
assisted, including information on applicants and
recipients of assistance, and shall make such
information available to the public and to the
Inspector General for the Department of Housing and
Urban Development on a monthly basis using uniform data
collection practices, and shall provide a quarterly
update to the Congress regarding compliance with this
section. Information collected and reported by grantees
and the Secretary shall be disaggregated by program,
race, income, geography, and all protected classes of
individuals under the Americans with Disabilities Act
of 1990, the Fair Housing Act, the Civil Rights Act of
1964, and other civil rights and nondiscrimination
protections, with respect to the smallest census tract,
block group, or block possible for the data set.
``(2) Availability of information.--In carrying out
this paragraph, the Secretary may make full and
unredacted information available to academic and
research institutions for the purpose of research into
the equitable distribution of recovery funds, adherence
to civil rights protections, and other areas.
``(3) Protection of information.--The Secretary shall
take such actions and make such redactions as may be
necessary to ensure that personally identifiable
information regarding recipients of assistance provided
from funds made available under this section shall not
made publicly available.
``(4) Audits and oversight.--In conducting audits,
reviews, oversight, evaluation, and investigations, in
addition to activities designed to prevent and detect
waste, fraud, and abuse, the Inspector General shall
review activities carried out by grantees under this
section to ensure such programs fulfill their
authorized purposes, as identified in the grantee's
action plan.
``(m) Plan Pre-Certification for States and Units of
General Local Government.--
``(1) In general.--The Secretary shall carry out a
program under this subsection to provide for States and
units of general local government to pre-certify as
eligible grantees for assistance under this section.
The objective of such program shall be to--
``(A) allow grantees that have consistently
demonstrated the ability to administer funds
responsibly and equitably in similar disasters
to utilize in subsequent years plans which are
substantially similar to those the Department
has previously approved; and
``(B) facilitate the re-use of a plan or its
substantially similar equivalent by a pre-
certified grantee for whom the plan has
previously been approved and executed upon.
``(2) Requirements.--To be eligible for pre-
certification under the program under this sub-section
a State or unit of general local government shall--
``(A) demonstrate to the satisfaction of the
Secretary compliance with the requirements of
this section; and
``(B) have previously submitted a plan or its
substantially similar equivalent and received
assistance thereunder as a grantee or
subgrantees under this section, or with amounts
made available for the Community Development
Block Grant-Disaster Recovery account, in
connection with two or more major disasters
declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).
``(3) Approval of plans.--
``(A) Expedited approval processes.--The
Secretary shall establish and maintain
processes for expediting approval of plans for
States and units of general local government
that are pre-certified under this subsection.
``(B) Effect of pre-certification.--Pre-
certification pursuant to this subsection shall
not--
``(i) establish any entitlement to,
or priority or preference for,
allocation of funds made available
under this section; or
``(ii) exempt any grantee from
complying with any of the requirements
under, or established pursuant to,
subsection (c) or (d).
``(4) Duration.--Pre-certification under this
subsection shall be effective for a term of 5 years.
``(n) Deposit of Unused Amounts in fund.--
``(1) Unmet needs.--If any amounts made available for
assistance for unmet needs under this section to
grantees remain unexpended upon the earlier of--
``(A) the date that the grantee of such
amounts notifies the Secretary that the grantee
has completed all activities identified in the
grantee's plan for use of such amounts that was
approved by the Secretary in connection with
such grant; or
``(B) the expiration of the 6-year period
beginning upon the Secretary obligating such
amounts to the grantee, as such period may be
extended pursuant to paragraph (3);
the Secretary may, subject to authority provided in
advance by appropriations Acts, transfer such
unexpended amounts to the Secretary of the Treasury for
deposit into the Community Development Block Grant
Declared Disaster Recovery Fund established under
section 124, except that the Secretary may, by
regulation, permit the grantee to retain amounts needed
to close out the grant.
``(2) Mitigation.--If any amounts made available for
assistance for mitigation under this section to
grantees remain unexpended upon the earlier of--
``(A) the date that the grantee of such
amounts notifies the Secretary that the grantee
has completed all activities identified in the
grantee's plan for use of such amounts that was
approved by the Secretary in connection with
such grant; or
``(B) the expiration of the 12-year period
beginning upon the Secretary obligating such
amounts to the grantee, as such period may be
extended pursuant to paragraph (3);
the Secretary may, subject to authority provided in
advance by appropriations Acts, transfer such
unexpended amounts to the Secretary of the Treasury for
deposit into the Community Development Block Grant
Declared Disaster Recovery Fund established under
section 124, except that the Secretary may, by
regulation, permit the grantee to retain amounts needed
to close out the grant.
``(3) Extension of period of performance.--
``(A) Unmet needs.--
``(i) In general.--The period of
performance under paragraph (1)(B)
shall be extended by not more than 4
years if, before the expiration of such
6-year period, the Secretary waives
this requirement and submits a written
justification for such waiver to the
Committees on Appropriations of the
House of Representatives and the Senate
that specifies the amended period of
performance under the waiver.
``(ii) Insular areas.--For any
amounts made available for unmet needs
under this section to a grantee that is
an insular area as defined in section
102, the Secretary may extend the
period of performance under clause (i)
by not more than an additional 4 years,
and shall provide additional technical
assistance to help increase capacity
within the insular area receiving such
extension. If the Secretary extends the
period of performance pursuant to this
subparagraph, the Secretary shall
submit a written justification for such
extension to the Committees on
Appropriations of the House of
Representatives and the Senate that
specifies the period of such extension.
``(B) Mitigation.--The period under paragraph
(2)(B) shall be extended to a date determined
by the Secretary if, before the expiration of
such 12-year period, the Secretary issues a
waiver to amend the period of performance and
submits a written justification for such waiver
to the Committees on Appropriations of the
House of Representatives and the Senate that
specifies the amended period of performance
under the waiver.
``(o) Best Practices.--
``(1) Study.--The Secretary, in consultation with the
Administrator of the Federal Emergency Management
Agency, shall identify best practices for grantees on
issues including developing the action plan and
substantial amendments under subsection (c) and
substantive amendments, establishing financial
controls, building grantee technical and administrative
capacity, procurement, compliance with Fair Housing Act
statute and regulations, and use of grant funds as
local match for other sources of Federal funding. The
Secretary shall publish a compilation of such
identified best practices and share with all relevant
grantees, including States, units of general local
government, and Indian tribes to facilitate a more
efficient and effective disaster recovery process. The
compilation shall include--
``(A) guidelines for housing and economic
revitalization programs, including mitigation,
with sufficient model language on program
design for grantees to incorporate into action
plans; and
``(B) standards for at least form of
application, determining unmet need, and income
eligibility.
``(2) Expedited Review.--
``(A) Requirements.--After publication of the
final compilation required by paragraph (1),
the Secretary shall issue either Federal
regulations, as part of the final rule required
under section 5403(b) of the National Defense
Authorization Act for Fiscal Year 2023 or as a
separate rule, or a Federal Register notice
soliciting public comment for at least 60 days,
that establishes grant requirements, including
the requirements that grantees must follow in
order to qualify for expedited review and
approval of a plan or substantial amendment
required by subsection (c) of this section.
``(B) Approval; disapproval.--The Secretary
shall approve or disapprove plans or
substantial amendments of grantees that comply
with the requirements for such expedited review
within 45 days.
``(C) Standardization.--The requirements for
expedited review shall establish standard
language for inclusion in action plans and
substantial amendments under subsection (c) of
this section and for establishing standardized
programs and activities recognized by the
Secretary.
``(D) Applicability of grant requirements.--
Compliance with the requirements for expedited
review shall not exempt grantees from complying
with grant requirements, including requirements
for public comment, community citizen
participation, and establishing and maintaining
a public website.
``(E) Revision.--The Secretary may revise the
requirements for expedited review at any time
after a public comment period of at least 60
days.
``(p) Definitions.--For purposes of this section:
``(1) Grantee.--The term `grantee' means a recipient
of funds made available under this section after its
enactment.
``(2) Substantially similar.--The term `substantially
similar' means, with respect to a plan, a plan
previously approved by the Department, administered
successfully by the grantee, and relating to disasters
of the same type.
``SEC. 124. COMMUNITY DEVELOPMENT BLOCK GRANT DECLARED DISASTER
RECOVERY FUND.
``(a) Establishment.--There is established in the Treasury
of the United States an account to be known as the Community
Development Block Grant Declared Disaster Recovery Fund (in
this section ref erred to as the `Fund').
``(b) Amounts.--The Fund shall consist of any amounts
appropriated to or deposited into the Fund, including amounts
deposited into the Fund pursuant to section 123.
``(c) Use.--Amounts in the Fund shall be available,
pursuant to the occurrence of a major disaster declared under
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, only for providing technical assistance and capacity
building in connection with section 123 for grantees under such
section that have been allocated assistance under such section
in connection with such disaster to facilitate planning
required under such section and increase capacity to administer
assistance provided under such section, including for technical
assistance and training building and fire officials, builders,
contractors and subcontractors, architects, and other design
and construction professionals regarding the latest published
editions of national consensus-based codes, specifications, and
standards (as such term is defined in section 123(e)(7)).''.
(b) Regulations.--
(1) Proposed rule.--Not later than the expiration of
the 12-month period beginning on the date of the
enactment of this Act, the Secretary of Housing and
Urban Development shall issue proposed rules to carry
out sections 123 and 124 of the Housing and Community
Development Act of 1974, as added by the amendment made
by subsection (a) of this section, and shall provide a
60-day period for submission of public comments on such
proposed rule.
(2) Final rule.--Not later than the expiration of the
24-month period beginning on the date of the enactment
of this Act, the Secretary of Housing and Urban
Development, in consultation with the Administrator of
the Federal Emergency Management Agency, shall issue
final regulations to carry out sections 123 and 124 of
the Housing and Community Development Act of 1974, as
added by the amendment made by subsection (a) of this
section.
----------
449. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. 5306. REPORT ON IMPROVING COUNTERTERRORISM SECURITY AT PASSENGER
RAIL STATIONS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Secretary, in
consultation with the Secretary of Transportation and State,
local, Tribal, and territorial governments, passenger rail
station owners and operators, State and local transportation
entities, and other agencies or stakeholders as determined
appropriate by the Secretary, shall submit to the appropriate
congressional committees a report on the 5 largest passenger
rail stations by annual ridership and a representative sample
of 8 other-sized passenger rail stations that contains the
following:
(1) An analysis of the effectiveness of
counterterrorism measures implemented in each passenger
rail station to include prevention systems, including--
(A) surveillance systems, including cameras,
and physical law enforcement presence;
(B) response systems including--
(i) evacuation systems to allow
passengers and workers to egress the
stations, mezzanines, and rail cars;
(ii) fire safety measures, including
ventilation and fire suppression
systems; and
(iii) public alert systems; and
(C) recovery systems, including coordination
with State and Federal agencies.
(2) A description of any actions taken as a result of
the analysis conducted under paragraph (1).
(3) Recommendations, as appropriate, for passenger
rail station owners and operators, and State and local
transportation entities to improve counterterrorism
measures outlined in paragraph (1).
(4) Proposals, as appropriate, for legislative
actions and funding needed to improve counterterrorism
measures.
(b) Report Format.--The report described in subsection (a)
shall be submitted in unclassified form, but information that
is sensitive or classified shall be included as a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the Committee on Homeland Security of the House of
Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee
on Commerce, Science, and Transportation of the Senate, and the
Committee on Homeland Security and Governmental Affairs of the
Senate.
----------
450. An Amendment To Be Offered by Representative Garcia of Illinois or
His Designee, Debatable for 10 Minutes
Page 1262, after line 23, insert the following:
SEC. ___. UKRAINE DEBT PAYMENT RELIEF.
(a) Suspension of Multilateral Debt Payments of Ukraine.--
(1) United states position in the international
financial institutions.--The Secretary of the Treasury
shall instruct the United States Executive Director at
each international financial institution (as defined in
section 1701(c)(2) of the International Financial
Institutions Act) to use the voice, vote, and influence
of the United States to advocate that the respective
institution immediately suspend all debt service
payments owed to the institution by Ukraine.
(2) Official bilateral and commercial debt service
payment relief.--The Secretary of the Treasury, working
in coordination with the Secretary of State, shall
commence immediate efforts with other governments and
commercial creditor groups, through the Paris Club of
Official Creditors and other bilateral and multilateral
frameworks, both formal and informal, to pursue
comprehensive debt payment relief for Ukraine.
(3) Multilateral financial support for ukraine.--The
Secretary of the Treasury shall direct the United
States Executive Director at each international
financial institution (as defined in section 1701(c)(2)
of the International Financial Institutions Act) to use
the voice and vote of the United States to support, to
the maximum extent practicable, the provision of
concessional financial assistance for Ukraine.
(4) Multilateral financial support for refugees.--The
Secretary of the Treasury shall direct the United
States Executive Director at each international
financial institution (as defined in section 1701(c)(2)
of the International Financial Institutions Act) to use
the voice and vote of the United States to seek to
provide economic support for refugees from Ukraine,
including refugees of African descent, and for
countries receiving refugees from Ukraine.
(b) Report to the Congress.--Not later than December 31 of
each year, the President shall--
(1) submit to the Committees on Financial Services,
on Appropriations, and on Foreign Affairs of the House
of Representatives and the Committees on Foreign
Relations and on Appropriations of the Senate, a report
on the activities undertaken under this section; and
(2) make public a copy of the report.
(c) Waiver and Termination.--
(1) Waiver.--The President may waive the preceding
provisions of this section if the President determines
that a waiver is in the national interest of the United
States and reports to the Congress an explanation of
the reasons therefor.
(2) Termination.--The preceding provisions of this
section shall have no force or effect on or after the
date that is 7 years after the date of the enactment of
this Act.
----------
451. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle B of title XIII, insert
the following:
SEC. __. ROLE OF BRAZILIAN ARMED FORCES DURING PRESIDENTIAL ELECTIONS.
(a) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State shall submit to
Congress a report on all actions taken by the armed forces of
Brazil, with respect to that country's presidential elections
scheduled for October 2022, to--
(1) interfere with, stop, or obstruct ballot counting
or electoral operations by independent electoral
authorities;
(2) manipulate, seek to manipulate, or overturn
results of the elections;
(3) engage in coordinated information or
communications efforts to undermine popular faith and
trust in independent electoral authorities or question
the validity of electoral results;
(4) use social media or other mass communication
systems, including mobile messaging applications, to
attempt to influence widespread opinions on the
validity of electoral results or with regards to the
desirability of any particular outcome; or
(5) encourage, incite, or facilitate physical riot
activities or contestations with regards to electoral
processes, electoral counts, or electoral results, both
before and after the presidential elections.
(b) Sense of Congress.--It is the sense of Congress that the
criteria described in paragraphs (1) through (5) of subsection
(a) should be considered in the course of assessing the role of
Brazilian forces in a ``coup d'etat'' or ``decree'' for
purposes of section 7008 of the Consolidated Appropriations Act
of 2022.
----------
452. An Amendment To Be Offered by Representative Garcia of Illinois or
His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON FOREIGN
GOVERNMENTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States, in consultation with the Secretary of State, the
Secretary of the Treasury, and the head of any other relevant
Federal department or agency that the Comptroller General
determines necessary, shall submit to the appropriate
congressional committees a report on all comprehensive
sanctions imposed on de jure or de facto governments of foreign
countries, and all comprehensive sanctions imposed on non-state
actors that exercise significant de facto governmental control
over a foreign civilian population, under any provision of law.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) an assessment of the effect of sanctions imposed
on the government of each foreign country and each non-
state actor that exercises significant de facto
governmental control over a foreign civilian population
described in subsection (a) on--
(A) the ability of civilian population of the
country to access water, food, sanitation, and
public health services, including all
humanitarian aid and supplies related to the
prevention, diagnosis, and treatment of COVID-
19;
(B) the changes to the general mortality
rate, maternal mortality rate, life expectancy,
and literacy;
(C) the extent to which there is an increase
in refugees or migration to or from the country
or an increase in internally displaced people
in the country;
(D) the degree of international compliance
and non-compliance of the country; and
(E) the licensing of transactions to allow
access to essential goods and services to
vulnerable populations, including the number of
licenses applied for, approved, or denied and
reasons why such licenses were denied, and
average time to receive a decision; and
(2) a description of the purpose of sanctions imposed
on the government of each foreign country and each non-
state actor that exercises significant de facto
governmental control over a foreign civilian population
described in subsection (a) and the required legal or
political authority, including--
(A) an assessment of United States national
security;
(B) an assessment of whether the stated
foreign policy goals of the sanctions are being
met;
(C) the degree of international support or
opposition to the sanctions; and
(D) an assessment of such sanctions on United
States businesses, consumers, and financial
institutions.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex. The unclassified portion of the report shall be
published on a publicly-available website of the Government of
the United States.
(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.
------
453. An Amendment To Be Offered by Representative Maloney of New York
or Her Designee, Debatable for 10 Minutes
Add at the end of title XI the following:
Subtitle B--PLUM Act of 2022
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Periodically Listing
Updates to Management Act of 2022'' or the ``PLUM Act of
2022''.
SEC. 1122. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND
SUPPORTING POSITIONS.
(a) Establishment.--
(1) In general.--Subchapter I of chapter 33 of title
5, United States Code, is amended by adding at the end
the following:
``Sec. 3330f. Government policy and supporting position data
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' means--
``(A) any Executive agency, the United States
Postal Service, and the Postal Regulatory
Commission; and
``(B) the Executive Office of the President
and any component within that Office (including
any successor component), including--
``(i) the Council of Economic
Advisors;
``(ii) the Council on Environmental
Quality;
``(iii) the National Security
Council;
``(iv) the Office of the Vice
President;
``(v) the Office of Policy
Development;
``(vi) the Office of Administration;
``(vii) the Office of Management and
Budget;
``(viii) the Office of the United
States Trade Representative;
``(ix) the Office of Science and
Technology Policy;
``(x) the Office of National Drug
Control Policy; and
``(xi) the White House Office,
including the White House Office of
Presidential Personnel.
``(2) Appointee.--The term `appointee'--
``(A) means an individual serving in a policy
and supporting position; and
``(B) includes an individual serving in such
a position temporarily in an acting capacity in
accordance with--
``(i) sections 3345 through 3349d
(commonly referred to as the `Federal
Vacancies Reform Act of 1998');
``(ii) any other statutory provision
described in section 3347(a)(1); or
``(iii) a Presidential appointment
described in section 3347(a)(2).
``(3) Covered website.--The term `covered website'
means the website established and maintained by the
Director under subsection (b).
``(4) Director.--The term `Director' means the
Director of the Office of Personnel Management.
``(5) Policy and supporting position.--The term
`policy and supporting position'--
``(A) means any position at an agency, as
determined by the Director, that, but for this
section and section 2(b)(3) of the PLUM Act of
2022, would be included in the publication
entitled `United States Government Policy and
Supporting Positions' (commonly referred to as
the `Plum Book'); and
``(B) may include--
``(i) a position on any level of the
Executive Schedule under subchapter II
of chapter 53, or another position with
an equivalent rate of pay;
``(ii) a general position (as defined
in section 3132(a)(9)) in the Senior
Executive service;
``(iii) a position in the Senior
Foreign Service;
``(iv) a position of a confidential
or policy-determining character under
schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations,
or any successor regulation; and
``(v) any other position classified
at or above level GS-14 of the General
Schedule (or equivalent) that is
excepted from the competitive service
by law because of the confidential or
policy-determining nature of the
position duties.
``(b) Establishment of Website.--Not later than 1 year after
the date of enactment of the PLUM Act of 2022, the Director
shall establish, and thereafter the Director shall maintain, a
public website containing the following information for the
President in office on the date of establishment and for each
subsequent President:
``(1) Each policy and supporting position in the
Federal Government, including any such position that is
vacant.
``(2) The name of each individual who--
``(A) is serving in a position described in
paragraph (1); or
``(B) previously served in a position
described in such paragraph under the
applicable President.
``(3) Information on--
``(A) any Government-wide or agency-wide
limitation on the total number of positions in
the Senior Executive Service under section 3133
or 3134 or the total number of positions under
schedule C of subpart C of part 213 of title 5,
Code of Federal Regulations; and
``(B) the total number of individuals
occupying such positions.
``(c) Contents.--With respect to any policy and supporting
position listed on the covered website, the Director shall
include--
``(1) the agency, and agency component, (including
the agency and bureau code used by the Office of
Management and Budget) in which the position is
located;
``(2) the name of the position;
``(3) the name of the individual occupying the
position (if any);
``(4) the geographic location of the position,
including the city, State or province, and country;
``(5) the pay system under which the position is
paid;
``(6) the level, grade, or rate of pay;
``(7) the term or duration of the appointment (if
any);
``(8) the expiration date, in the case of a time-
limited appointment;
``(9) a unique identifier for each appointee;
``(10) whether the position is vacant; and
``(11) for any position that is vacant--
``(A) for a position for which appointment is
required to be made by the President, by and
with the advice and consent of the Senate, the
name of the acting official; and
``(B) for other positions, the name of the
official performing the duties of the vacant
position.
``(d) Current Data.--For each agency, the Director shall
indicate in the information on the covered website the date
that the agency last updated the data.
``(e) Format.--The Director shall make the data on the
covered website available to the public at no cost over the
internet in a searchable, sortable, downloadable, and machine-
readable format so that the data qualifies as an open
Government data asset, as defined in section 3502 of title 44.
``(f) Authority of Director.--
``(1) Information required.--Each agency shall
provide to the Director any information that the
Director determines necessary to establish and maintain
the covered website, including the information uploaded
under paragraph (4).
``(2) Requirements for agencies.--Not later than 1
year after the date of enactment of the PLUM Act of
2022, the Director shall issue instructions to agencies
with specific requirements for the provision or
uploading of information required under paragraph (1),
including--
``(A) specific data standards that an agency
shall follow to ensure that the information is
complete, accurate, and reliable;
``(B) data quality assurance methods; and
``(C) the timeframe during which an agency
shall provide or upload the information,
including the timeframe described under
paragraph (4).
``(3) Public accountability.--The Director shall
identify on the covered website any agency that has
failed to provide--
``(A) the information required by the
Director;
``(B) complete, accurate, and reliable
information; or
``(C) the information during the timeframe
specified by the Director.
``(4) Annual updates.--
``(A) In general.--Not later than 90 days
after the date on which the covered website is
established, and not less than once during each
year thereafter, the head of each agency shall
upload to the covered website updated
information (if any) on--
``(i) the policy and supporting
positions in the agency;
``(ii) the appointees occupying such
positions in the agency; and
``(iii) the former appointees who
served in such positions in the agency
under the President then in office.
``(B) Supplement not supplant.--Information
provided under subparagraph (A) shall
supplement, not supplant, previously provided
information under that subparagraph.
``(5) OPM help desk.--The Director shall establish a
central help desk, to be operated by not more than 1
full-time employee, to assist any agency with
implementing this section.
``(6) Coordination.--The Director may designate 1 or
more agencies to participate in the development,
establishment, operation, and support of the covered
website. With respect to any such designation, the
Director may specify the scope of the responsibilities
of the agency so designated.
``(7) Data standards and timing.--The Director shall
make available on the covered website information
regarding data collection standards, quality assurance
methods, and time frames for reporting data to the
Director.
``(8) Regulations.--The Director may prescribe
regulations necessary for the administration of this
section.
``(g) Responsibility of Agencies.--
``(1) Provision of information.--Each agency shall
comply with the instructions and guidance issued by the
Director to carry out this section, and, upon request
of the Director, shall provide appropriate assistance
to the Director to ensure the successful operation of
the covered website in the manner and within the
timeframe specified by the Director under subsection
(f)(2).
``(2) Ensuring completeness, accuracy, and
reliability.--With respect to any submission of
information described in paragraph (1), the head of an
agency shall include--
``(A) an explanation of how the agency
ensured the information is complete, accurate,
and reliable; and
``(B) a certification that the information is
complete, accurate, and reliable.
``(h) Information Verification.--
``(1) Confirmation.--
``(A) In general.--On the date that is 90
days after the date on which the covered
website is established, the Director, in
coordination with the White House Office of
Presidential Personnel, shall confirm that the
information on the covered website is complete,
accurate, reliable, and up-to-date.
``(B) Certification.--On the date on which
the Director makes a confirmation under
subparagraph (A), the Director shall publish on
the covered website a certification that the
confirmation has been made.
``(2) Authority of director.--In carrying out
paragraph (1), the Director may--
``(A) request additional information from an
agency; and
``(B) use any additional information provided
to the Director or the White House Office of
Presidential Personnel for the purposes of
verification.
``(3) Public comment.--The Director shall establish a
process under which members of the public may provide
feedback regarding the accuracy of the information on
the covered website.
``(i) Data Archiving.--
``(1) In general.--As soon as practicable after a
transitional inauguration day (as defined in section
3349a), the Director, in consultation with the
Archivist of the United States, shall archive the data
that was compiled on the covered website for the
preceding presidential administration.
``(2) Public availability.--The Director shall make
the data described in paragraph (1) publicly available
over the internet--
``(A) on, or through a link on, the covered
website;
``(B) at no cost; and
``(C) in a searchable, sortable,
downloadable, and machine-readable format.''.
(2) Clerical amendment.--The table of sections for
subchapter I of chapter 33 of title 5, United States
Code, is amended by adding at the end the following:
``3330f. Government policy and supporting position data.''.
(b) Other Matters.--
(1) Definitions.--In this subsection, the terms
``agency'', ``covered website'', ``Director'', and
``policy and supporting position'' have the meanings
given those terms in section 3330f of title 5, United
States Code, as added by subsection (a).
(2) GAO review and report.--Not later than 1 year
after the date on which the Director establishes the
covered website, the Comptroller General of the United
States shall conduct a review of, and issue a briefing
or report on, the implementation of this subtitle and
the amendments made by this subtitle, which shall
include--
(A) the quality of data required to be
collected and whether the data is complete,
accurate, timely, and reliable;
(B) any challenges experienced by agencies in
implementing this subtitle and the amendments
made by this subtitle; and
(C) any suggestions or modifications to
enhance compliance with this subtitle and the
amendments made by this subtitle, including
best practices for agencies to follow.
(3) Sunset of plum book.--Beginning on January 1,
2026--
(A) the covered website shall serve as the
public directory for policy and supporting
positions in the Government; and
(B) the publication entitled ``United States
Government Policy and Supporting Positions'',
commonly referred to as the ``Plum Book'',
shall no longer be issued or published.
(4) Funding.--
(A) In general.--No additional amounts are
authorized to be appropriated to carry out this
subtitle or the amendments made by this
subtitle.
(B) Other funding.--The Director shall carry
out this subtitle and the amendments made by
this subtitle using amounts otherwise available
to the Director.
----------
454. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
Add at the end of title LVII of division E the following:
SEC. __. LIMITATIONS ON EXCEPTION OF COMPETITIVE SERVICE POSITIONS.
(a) In General.--No position in the competitive service (as
defined under section 2102 of title 5, United States Code) may
be excepted from the competitive service unless such position
is placed--
(1) in any of the schedules A through E as described
in section 6.2 of title 5, Code of Federal 5
Regulations, as in effect on September 30, 2020; and
(2) under the terms and conditions under part 8 of
such title as in effect on such date.
(b) Subsequent Transfers.--No position in the excepted
service (as defined under section 2103 of title 5, United
States Code) may be placed in any schedule other than a
schedule described in subsection (a)(1).
----------
455. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
At the end of division E, add the following:
TITLE LIX--COLORADO AND GRAND CANYON PUBLIC LANDS
SEC. 5901. DEFINITION OF STATE.
In subtitles A through D, the term ``State'' means the State
of Colorado.
Subtitle A--Continental Divide
SEC. 5911. DEFINITIONS.
In this subtitle:
(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
5912(a).
(2) Historic landscape.--The term ``Historic
Landscape'' means the Camp Hale National Historic
Landscape designated by section 5918(a).
(3) Recreation management area.--The term
``Recreation Management Area'' means the Tenmile
Recreation Management Area designated by section
5914(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 5915(a);
(B) the Williams Fork Mountains Wildlife
Conservation Area designated by section
5916(a); and
(C) the Spraddle Creek Wildlife Conservation
Area designated by section 5917(a).
SEC. 5912. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness Act
of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended--
(1) in paragraph (18), by striking ``1993,'' and
inserting ``1993, and certain Federal land within the
White River National Forest that comprises
approximately 6,896 acres, as generally depicted as
`Proposed Ptarmigan Peak Wilderness Additions' on the
map entitled `Proposed Ptarmigan Peak Wilderness
Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain
Federal land within the White River National Forest
that comprises approximately 3,866 acres, as generally
depicted as `Proposed Megan Dickie Wilderness Addition'
on the map entitled `Holy Cross Wilderness Addition
Proposal' and dated June 24, 2019, which shall be
incorporated into, and managed as part of, the Holy
Cross Wilderness designated by section 102(a)(5) of
Public Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal
land within the White River National Forest that
comprises approximately 5,235 acres, as generally
depicted as `Proposed Hoosier Ridge Wilderness' on the
map entitled `Tenmile Proposal' and dated April 22,
2022, which shall be known as the `Hoosier Ridge
Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 7,624 acres, as generally depicted as
`Proposed Tenmile Wilderness' on the map entitled
`Tenmile Proposal' and dated April 22, 2022, which
shall be known as the `Tenmile Wilderness'.
``(26) Eagles nest wilderness additions.--Certain
Federal land within the White River National Forest
that comprises approximately 7,634 acres, as generally
depicted as `Proposed Freeman Creek Wilderness
Addition' and `Proposed Spraddle Creek Wilderness
Addition' on the map entitled `Eagles Nest Wilderness
Additions Proposal' and dated April 26, 2022, which
shall be incorporated into, and managed as part of, the
Eagles Nest Wilderness designated by Public Law 94-352
(90 Stat. 870).''.
(b) Applicable Law.--Any reference in the Wilderness Act (16
U.S.C. 1131 et seq.) to the effective date of that Act shall be
considered to be a reference to the date of enactment of this
Act for purposes of administering a covered area.
(c) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary may carry out any activity in a covered area that the
Secretary determines to be necessary for the control of fire,
insects, and diseases, subject to such terms and conditions as
the Secretary determines to be appropriate.
(d) Grazing.--The grazing of livestock on a covered area, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as
are considered to be necessary by the Secretary, in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the
Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(e) Coordination.--For purposes of administering the Federal
land designated as wilderness by paragraph (26) of section 2(a)
of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by subsection (a)(2)), the
Secretary shall, as determined to be appropriate for the
protection of watersheds, coordinate the activities of the
Secretary in response to fires and flooding events with
interested State and local agencies.
SEC. 5913. WILLIAMS FORK MOUNTAINS POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
in the White River National Forest in the State, comprising
approximately 8,036 acres, as generally depicted as ``Proposed
Williams Fork Mountains Wilderness'' on the map entitled
``Williams Fork Mountains Proposal'' and dated June 24, 2019,
is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and except
as provided in subsection (d), the potential wilderness area
designated by subsection (a) shall be managed in accordance
with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the
date of enactment of this Act, in accordance with
applicable laws (including regulations), the Secretary
shall publish a determination regarding whether to
authorize livestock grazing or other use by livestock
on the vacant allotments known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary
may modify or combine the vacant allotments referred to
in that paragraph.
(3) Permit or other authorization.--Not later than 1
year after the date on which a determination of the
Secretary to authorize livestock grazing or other use
by livestock is published under paragraph (1), if
applicable, the Secretary shall grant a permit or other
authorization for that livestock grazing or other use
in accordance with applicable laws (including
regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock
grazing or other use by livestock on the potential
wilderness area under subsection (c), the Secretary, or
a third party authorized by the Secretary, may use
motorized or mechanized transport or equipment for
purposes of constructing or rehabilitating such range
improvements as are necessary to obtain appropriate
livestock management objectives (including habitat and
watershed restoration).
(2) Termination of authority.--The authority provided
by this subsection terminates on the date that is 2
years after the date on which the Secretary publishes a
positive determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area
designated by subsection (a) shall be designated as
wilderness, to be known as the ``Williams Fork
Mountains Wilderness''--
(A) effective not earlier than the date that
is 180 days after the date of enactment this
Act; and
(B) on the earliest of--
(i) the date on which the Secretary
publishes in the Federal Register a
notice that the construction or
rehabilitation of range improvements
under subsection (d) is complete;
(ii) the date described in subsection
(d)(2); and
(iii) the effective date of a
determination of the Secretary not to
authorize livestock grazing or other
use by livestock under subsection
(c)(1).
(2) Administration.--Subject to valid existing
rights, the Secretary shall manage the Williams Fork
Mountains Wilderness in accordance with the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
103-77), except that any reference in that Act to the
effective date of that Act shall be considered to be a
reference to the date on which the Williams Fork
Mountains Wilderness is designated in accordance with
paragraph (1).
SEC. 5914. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 17,120 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Tenmile Recreation Management Area'' on the map
entitled ``Tenmile Proposal'' and dated April 22, 2022, are
designated as the ``Tenmile Recreation Management Area''.
(b) Purposes.--The purposes of the Recreation Management Area
are to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the recreational,
scenic, watershed, habitat, and ecological resources of the
Recreation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Recreation Management Area--
(A) in a manner that conserves, protects, and
enhances--
(i) the purposes of the Recreation
Management Area described in subsection
(b); and
(ii) recreation opportunities,
including mountain biking, hiking,
fishing, horseback riding, snowshoeing,
climbing, skiing, camping, and hunting;
and
(B) in accordance with--
(i) the Forest and Rangeland
Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws
(including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only
allow such uses of the Recreation Management
Area as the Secretary determines would further
the purposes described in subsection (b).
(B) Vehicles.--
(i) In general.--Except as provided
in clause (iii), the use of motorized
vehicles in the Recreation Management
Area shall be limited to the roads,
vehicle classes, and periods authorized
for motorized vehicle use on the date
of enactment of this Act.
(ii) New or temporary roads.--Except
as provided in clause (iii), no new or
temporary road shall be constructed in
the Recreation Management Area.
(iii) Exceptions.--Nothing in clause
(i) or (ii) prevents the Secretary
from--
(I) rerouting or closing an
existing road or trail to
protect natural resources from
degradation, as the Secretary
determines to be appropriate;
(II) authorizing the use of
motorized vehicles for
administrative purposes or
roadside camping;
(III) constructing temporary
roads or permitting the use of
motorized vehicles to carry out
pre- or post-fire watershed
protection projects;
(IV) authorizing the use of
motorized vehicles to carry out
any activity described in
subsection (d), (e)(1), or (f);
or
(V) responding to an
emergency.
(C) Commercial timber.--
(i) In general.--Subject to clause
(ii), no project shall be carried out
in the Recreation Management Area for
the purpose of harvesting commercial
timber.
(ii) Limitation.--Nothing in clause
(i) prevents the Secretary from
harvesting or selling a merchantable
product that is a byproduct of an
activity authorized under this section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out
any activity, in accordance with applicable laws (including
regulations), that the Secretary determines to be necessary to
manage wildland fire and treat hazardous fuels, insects, and
diseases in the Recreation Management Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Water.--
(1) Effect on water management infrastructure.--
Nothing in this section affects the construction,
repair, reconstruction, replacement, operation,
maintenance, or renovation within the Recreation
Management Area of--
(A) water management infrastructure in
existence on the date of enactment of this Act;
or
(B) any future infrastructure necessary for
the development or exercise of water rights
decreed before the date of enactment of this
Act.
(2) Applicable law.--Section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216;
116 Stat. 1058) shall apply to the Recreation
Management Area.
(f) Permits.--Nothing in this section affects--
(1) any permit held by a ski area or other entity; or
(2) the implementation of associated activities or
facilities authorized by law or permit outside the
boundaries of the Recreation Management Area.
SEC. 5915. 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
manage wildland fire and treat hazardous fuels, insects, and
diseases in the Wildlife Conservation Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this
section or section 5921(f) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations) and subject to valid existing rights, the use of
the subsurface of the Wildlife Conservation Area to construct,
realign, operate, or maintain regional transportation projects,
including Interstate 70 and the Eisenhower-Johnson Tunnels.
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall
apply to the Wildlife Conservation Area.
SEC. 5916. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Williams Fork Mountains Wildlife Conservation Area''
on the map entitled ``Williams Fork Mountains Proposal'' and
dated June 24, 2019, are designated as the ``Williams Fork
Mountains Wildlife Conservation Area'' (referred to in this
section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area
are to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, recreational, and ecological
resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Wildlife Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection
(b); and
(B) in accordance with--
(i) the Forest and Rangeland
Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws
(including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only
allow such uses of the Wildlife Conservation
Area as the Secretary determines would further
the purposes described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided
in clause (iii), the use of motorized
vehicles in the Wildlife Conservation
Area shall be limited to designated
roads and trails.
(ii) New or temporary roads.--Except
as provided in clause (iii), no new or
temporary road shall be constructed in
the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause
(i) or (ii) prevents the Secretary
from--
(I) authorizing the use of
motorized vehicles for
administrative purposes;
(II) authorizing the use of
motorized vehicles to carry out
activities described in
subsection (d); or
(III) responding to an
emergency.
(C) Bicycles.--The use of bicycles in the
Wildlife Conservation Area shall be limited to
designated roads and trails.
(D) Commercial timber.--
(i) In general.--Subject to clause
(ii), no project shall be carried out
in the Wildlife Conservation Area for
the purpose of harvesting commercial
timber.
(ii) Limitation.--Nothing in clause
(i) prevents the Secretary from
harvesting or selling a merchantable
product that is a byproduct of an
activity authorized under this section.
(E) Grazing.--The laws (including
regulations) and policies followed by the
Secretary in issuing and administering grazing
permits or leases on land under the
jurisdiction of the Secretary shall continue to
apply with regard to the land in the Wildlife
Conservation Area, consistent with the purposes
described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry out
any activity, in accordance with applicable laws (including
regulations), that the Secretary determines to be necessary to
manage wildland fire and treat hazardous fuels, insects, and
diseases in the Wildlife Conservation Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall
apply to the Wildlife Conservation Area.
SEC. 5917. SPRADDLE CREEK WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 2,674 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Spraddle Creek Wildlife Conservation Area'' on the
map entitled ``Eagles Nest Wilderness Additions Proposal'' and
dated April 26, 2022, are designated as the ``Spraddle Creek
Wildlife Conservation Area'' (referred to in this section as
the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation Area
are to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, recreational, and ecological
resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Wildlife Conservation Area--
(A) in a manner that conserves, protects, and
enhances the purposes described in subsection
(b); and
(B) in accordance with--
(i) the Forest and Rangeland
Renewable Resources Planning Act of
1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws
(including regulations); and
(iii) this subtitle.
(2) Uses.--
(A) In general.--The Secretary shall only
allow such uses of the Wildlife Conservation
Area as the Secretary determines would further
the purposes described in subsection (b).
(B) Motorized vehicles and mechanized
transport.--Except as necessary for
administrative purposes or to respond to an
emergency, the use of motorized vehicles and
mechanized transport in the Wildlife
Conservation Area shall be prohibited.
(C) Roads.--
(i) In general.--Except as provided
in clause (ii), no road shall be
constructed in the Wildlife
Conservation Area.
(ii) Exceptions.--Nothing in clause
(i) prevents the Secretary from--
(I) constructing a temporary
road as the Secretary
determines to be necessary as a
minimum requirement for
carrying out a vegetation
management project in the
Wildlife Conservation Area; or
(II) responding to an
emergency.
(iii) Decommissioning of temporary
roads.--Not later than 3 years after
the date on which the applicable
vegetation management project is
completed, the Secretary shall
decommission any temporary road
constructed under clause (ii)(I) for
the applicable vegetation management
project.
(D) Commercial timber.--
(i) In general.--Subject to clause
(ii), no project shall be carried out
in the Wildlife Conservation Area for
the purpose of harvesting commercial
timber.
(ii) Limitation.--Nothing in clause
(i) prevents the Secretary from
harvesting or selling a merchantable
product that is a byproduct of an
activity authorized in the Wildlife
Conservation Area under this section.
(d) Fire, Insects, and Diseases.--The Secretary may carry out
any activity, in accordance with applicable laws (including
regulations), that the Secretary determines to be necessary to
manage wildland fire and treat hazardous fuels, insects, and
diseases in the Wildlife Conservation Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall
apply to the Wildlife Conservation Area.
SEC. 5918. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the
approximately 28,197 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Camp Hale National Historic Landscape'' on the map
entitled ``Camp Hale National Historic Landscape Proposal'' and
dated April 22, 2022, are designated the ``Camp Hale National
Historic Landscape''.
(b) Purposes.--The purposes of the Historic Landscape are--
(1) to provide for--
(A) the interpretation of historic events,
activities, structures, and artifacts of the
Historic Landscape, including with respect to
the role of the Historic Landscape in local,
national, and world history;
(B) the preservation of the historic
resources of the Historic Landscape, consistent
with the other purposes of the Historic
Landscape;
(C) recreational opportunities, with an
emphasis on the activities related to the
historic use of the Historic Landscape,
including skiing, snowshoeing, snowmobiling,
hiking, horseback riding, climbing, other road-
and trail-based activities, and other outdoor
activities; and
(D) the continued environmental remediation
and removal of unexploded ordnance at the Camp
Hale Formerly Used Defense Site and the Camp
Hale historic cantonment area; and
(2) to conserve, protect, restore, and enhance for
the benefit and enjoyment of present and future
generations the scenic, watershed, and ecological
resources of the Historic Landscape.
(c) Management.--
(1) In general.--The Secretary shall manage the
Historic Landscape in accordance with--
(A) the purposes of the Historic Landscape
described in subsection (b); and
(B) any other applicable laws (including
regulations).
(2) Management plan.--
(A) In general.--Not later than 5 years after
the date of enactment of this Act, the
Secretary shall prepare a management plan for
the Historic Landscape.
(B) Contents.--The management plan prepared
under subparagraph (A) shall include plans
for--
(i) improving the interpretation of
historic events, activities,
structures, and artifacts of the
Historic Landscape, including with
respect to the role of the Historic
Landscape in local, national, and world
history;
(ii) conducting historic preservation
and veteran outreach and engagement
activities;
(iii) managing recreational
opportunities, including the use and
stewardship of--
(I) the road and trail
systems; and
(II) dispersed recreation
resources;
(iv) the conservation, protection,
restoration, or enhancement of the
scenic, watershed, and ecological
resources of the Historic Landscape,
including--
(I) conducting the
restoration and enhancement
project under subsection (d);
(II) forest fuels, wildfire,
and mitigation management; and
(III) watershed health and
protection;
(v) environmental remediation and,
consistent with subsection (e)(2), the
removal of unexploded ordnance; and
(vi) managing the Historic Landscape
in accordance with subsection (g).
(3) Explosive hazards.--The Secretary shall provide
to the Secretary of the Army a notification of any
unexploded ordnance (as defined in section 101(e) of
title 10, United States Code) that is discovered in the
Historic Landscape.
(d) Camp Hale Restoration and Enhancement Project.--
(1) In general.--The Secretary shall conduct a
restoration and enhancement project in the Historic
Landscape--
(A) to improve aquatic, riparian, and wetland
conditions in and along the Eagle River and
tributaries of the Eagle River;
(B) to maintain or improve recreation and
interpretive opportunities and facilities; and
(C) to conserve historic values in the Camp
Hale area.
(2) Coordination.--In carrying out the project
described in paragraph (1), the Secretary shall
coordinate with, and provide the opportunity to
collaborate on the project to--
(A) the Corps of Engineers;
(B) the Camp Hale-Eagle River Headwaters
Collaborative Group;
(C) the National Forest Foundation;
(D) the Colorado Department of Public Health
and Environment;
(E) the Colorado State Historic Preservation
Office;
(F) the Colorado Department of Natural
Resources;
(G) units of local government; and
(H) other interested organizations and
members of the public.
(e) Environmental Remediation.--
(1) In general.--The Secretary of the Army shall
continue to carry out the projects and activities of
the Department of the Army in existence on the date of
enactment of this Act relating to cleanup of--
(A) the Camp Hale Formerly Used Defense Site;
or
(B) the Camp Hale historic cantonment area.
(2) Removal of unexploded ordnance.--
(A) In general.--The Secretary of the Army
may remove unexploded ordnance (as defined in
section 101(e) of title 10, United States Code)
from the Historic Landscape, as the Secretary
of the Army determines to be appropriate in
accordance with applicable law (including
regulations).
(B) Action on receipt of notice.--On receipt
from the Secretary of a notification of
unexploded ordnance under subsection (c)(3),
the Secretary of the Army may remove the
unexploded ordnance in accordance with--
(i) the program for environmental
restoration of formerly used defense
sites under section 2701 of title 10,
United States Code;
(ii) the Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.);
and
(iii) any other applicable provision
of law (including regulations).
(3) Effect of subsection.--Nothing in this subsection
modifies any obligation in existence on the date of
enactment of this Act relating to environmental
remediation or removal of any unexploded ordnance
located in or around the Camp Hale historic cantonment
area, the Camp Hale Formerly Used Defense Site, or the
Historic Landscape, including such an obligation
under--
(A) the program for environmental restoration
of formerly used defense sites under section
2701 of title 10, United States Code;
(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.); or
(C) any other applicable provision of law
(including regulations).
(f) Interagency Agreement.--As soon as practicable after the
date of enactment of this Act, the Secretary and the Secretary
of the Army shall enter into an agreement--
(1) to specify--
(A) the activities of the Secretary relating
to the management of the Historic Landscape;
and
(B) the activities of the Secretary of the
Army relating to environmental remediation and
the removal of unexploded ordnance in
accordance with subsection (e) and other
applicable laws (including regulations); and
(2) to require the Secretary to provide to the
Secretary of the Army, by not later than 1 year after
the date of enactment of this Act and periodically
thereafter, as appropriate, a management plan for the
Historic Landscape for purposes of the removal
activities described in subsection (e).
(g) Effect.--Nothing in this section--
(1) affects the jurisdiction of the State over any
water law, water right, or adjudication or
administration relating to any water resource;
(2) affects any water right in existence on the date
of enactment of this Act, or the exercise of such a
water right, including--
(A) a water right subject to an interstate
water compact (including full development of
any apportionment made in accordance with such
a compact);
(B) a water right decreed within, above,
below, or through the Historic Landscape;
(C) a change, exchange, plan for
augmentation, or other water decree with
respect to a water right, including a
conditional water right, in existence on the
date of enactment of this Act--
(i) that is consistent with the
purposes described in subsection (b);
and
(ii) that does not result in
diversion of a greater flow rate or
volume of water for such a water right
in existence on the date of enactment
of this Act;
(D) a water right held by the United States;
(E) the management or operation of any
reservoir, including the storage, management,
release, or transportation of water; and
(F) the construction or operation of such
infrastructure as is determined to be necessary
by an individual or entity holding water rights
to develop and place to beneficial use those
rights, subject to applicable Federal, State,
and local law (including regulations);
(3) constitutes an express or implied reservation by
the United States of any reserved or appropriative
water right;
(4) affects--
(A) any permit held by a ski area or other
entity; or
(B) the implementation of associated
activities or facilities authorized by law or
permit outside the boundaries of the Historic
Landscape;
(5) prevents the Secretary from closing portions of
the Historic Landscape for public safety, environmental
remediation, or other use in accordance with applicable
laws; or
(6) affects--
(A) any special use permit in effect on the
date of enactment of this Act; or
(B) the renewal of a permit described in
subparagraph (A).
(h) Funding.--There is authorized to be appropriated
$10,000,000 for activities relating to historic interpretation,
preservation, and restoration carried out in and around the
Historic Landscape.
(i) Designation of Overlook.--The interpretive site located
beside United States Route 24 in the State, at 39.431N
106.323W, is designated as the ``Sandy Treat Overlook''.
SEC. 5919. 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. 5920. 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. 5921. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this subtitle 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 subtitle or an
amendment made by this subtitle establishes a
protective perimeter or buffer zone around--
(A) a covered area;
(B) a wilderness area or potential wilderness
area designated by section 5913;
(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 subtitle affects
the treaty rights of an Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms
and conditions that the Secretary determines to be
necessary and in accordance with applicable law, the
Secretary shall allow for the continued use of the
areas described in subsection (b)(1) by members of
Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and
other materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
prepare maps and legal descriptions of each area
described in subsection (b)(1) with--
(A) the Committee on Natural Resources of the
House of Representatives; and
(B) the Committee on Energy and Natural
Resources of the Senate.
(2) Force of law.--Each map and legal description
prepared under paragraph (1) shall have the same force
and effect as if included in this subtitle, except that
the Secretary may--
(A) correct any typographical errors in the
maps and legal descriptions; and
(B) in consultation with the State, make
minor adjustments to the boundaries of the
Tenmile Recreation Management Area designated
by section 5914(a), the Porcupine Gulch
Wildlife Conservation Area designated by
section 5915(a), and the Williams Fork
Mountains Wildlife Conservation Area designated
by section 5916(a) to account for potential
highway or multimodal transportation system
construction, safety measures, maintenance,
realignment, or widening.
(3) Public availability.--Each map and legal
description prepared under paragraph (1) shall be on
file and available for public inspection in the
appropriate offices of the Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land
or interest in land within the boundaries of an area
described in subsection (b)(1) by donation, purchase
from a willing seller, or exchange.
(2) Management.--Any land or interest in land
acquired under paragraph (1) shall be incorporated
into, and administered as a part of, the wilderness
area, Recreation Management Area, Wildlife Conservation
Area, or Historic Landscape, as applicable, in which
the land or interest in land is located.
(f) Withdrawal.--Subject to valid existing rights, the areas
described in subsection (b)(1) are withdrawn from--
(1) entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under mining laws;
and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(g) Military Overflights.--Nothing in this subtitle or an
amendment made by this subtitle restricts or precludes--
(1) any low-level overflight of military aircraft
over any area subject to this subtitle or an amendment
made by this subtitle, 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.
Subtitle B--San Juan Mountains
SEC. 5931. DEFINITIONS.
In this subtitle:
(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 5932); 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 5933(a)(1); and
(B) the Liberty Bell East Special Management
Area designated by section 5933(a)(2).
SEC. 5932. 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
5912(a)) is further 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. 5933. 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 subtitle; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited
in the Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the
Federal land, to provide access for abandoned
mine cleanup, and to protect public health and
safety--
(i) the use of motor vehicles,
motorized equipment, or mechanical
transport (other than as provided in
paragraph (3)); and
(ii) the establishment of temporary
roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any
activities (including helicopter access for
recreation and maintenance and the competitive
running event permitted since 1992) that have
been authorized by permit or license as of the
date of enactment of this Act to continue
within the Special Management Areas, subject to
such terms and conditions as the Secretary may
require.
(B) Permitting.--The designation of the
Special Management Areas by subsection (a)
shall not affect the issuance of permits
relating to the activities covered under
subparagraph (A) after the date of enactment of
this Act.
(C) Bicycles.--The Secretary may permit the
use of bicycles in--
(i) the portion of the Sheep Mountain
Special Management Area identified as
``Ophir Valley Area'' on the map
entitled ``Proposed Sheep Mountain
Special Management Area'' and dated
September 19, 2018; and
(ii) the portion of the Liberty Bell
East Special Management Area identified
as ``Liberty Bell Corridor'' on the map
entitled ``Proposed Liberty Bell and
Last Dollar Additions to the Mt.
Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated
September 6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with
section 8 of the Colorado Wilderness Act of 1993 (Public Law
103-77; 107 Stat. 762), except that, for purposes of this
subtitle--
(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 ``the
Colorado Outdoor Recreation and Economy Act''.
SEC. 5934. 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 5932) 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 5932)--
(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. 5935. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this subtitle 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 subtitle 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 subtitle affects
the treaty rights of any Indian Tribe, including rights
under the Agreement of September 13, 1873, ratified by
the Act of April 29, 1874 (18 Stat. 36, chapter 136).
(2) Traditional tribal uses.--Subject to any terms
and conditions as the Secretary determines to be
necessary and in accordance with applicable law, the
Secretary shall allow for the continued use of the
covered land by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and
other materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary or the
Secretary of the Interior, as appropriate, shall file a
map and a legal description of each wilderness area
designated by paragraphs (27) through (29) of section
2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C.
1132 note; Public Law 103-77) (as added by section
5932) 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 subtitle, 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 5932) by
donation, purchase from a willing seller, or exchange.
(2) Management.--Any land or interest in land
acquired under paragraph (1) shall be incorporated
into, and administered as a part of, the wilderness or
Special Management Area in which the land or interest
in land is located.
(f) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as
are considered to be necessary by the Secretary with
jurisdiction over the covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A
of the report of the Committee on Interior and Insular
Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress (H. Rept. 101-405) or
H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(g) Fire, Insects, and Diseases.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary with jurisdiction over a wilderness area designated
by paragraphs (27) through (29) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77)
(as added by section 5932) may carry out any activity in the
wilderness area that the Secretary determines to be necessary
for the control of fire, insects, and diseases, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(h) Withdrawal.--Subject to valid existing rights, the
covered land and the approximately 6,590 acres generally
depicted on the map entitled ``Proposed Naturita Canyon Mineral
Withdrawal Area'' and dated September 6, 2018, is withdrawn
from--
(1) entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under mining laws;
and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
Subtitle C--Thompson Divide
SEC. 5941. PURPOSES.
The purposes of this subtitle are--
(1) subject to valid existing rights, to withdraw
certain Federal land in the Thompson Divide area from
mineral and other disposal laws in order to protect the
agricultural, ranching, wildlife, air quality,
recreation, ecological, and scenic values of the area;
and
(2) to promote the capture of fugitive methane
emissions that would otherwise be emitted into the
atmosphere.
SEC. 5942. DEFINITIONS.
In this subtitle:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from the Federal
land or interests in Federal land in Garfield,
Gunnison, Delta, or Pitkin County in the State, within
the boundaries of the ``Fugitive Coal Mine Methane Use
Pilot Program Area'', as generally depicted on the
pilot program map, that would leak or be vented into
the atmosphere from--
(A) an active or inactive coal mine subject
to a Federal coal lease; or
(B) an abandoned underground coal mine or the
site of a former coal mine--
(i) that is not subject to a Federal
coal lease; and
(ii) with respect to which the
Federal interest in land includes
mineral rights to the methane gas.
(2) Pilot program.--The term ``pilot program'' means
the Greater Thompson Divide Fugitive Coal Mine Methane
Use Pilot Program established by section 5945(a)(1).
(3) Pilot program map.--The term ``pilot program
map'' means the map entitled ``Greater Thompson Divide
Fugitive Coal Mine Methane Use Pilot Program Area'' and
dated April 29, 2022.
(4) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide
lease'' means any oil or gas lease in effect on
the date of enactment of this Act within the
Thompson Divide Withdrawal and Protection Area.
(B) Exclusions.--The term ``Thompson Divide
lease'' does not include any oil or gas lease
that--
(i) is associated with a Wolf Creek
Storage Field development right; or
(ii) before the date of enactment of
this Act, has expired, been cancelled,
or otherwise terminated.
(6) Thompson divide map.--The term ``Thompson Divide
map'' means the map entitled ``Greater Thompson Divide
Area Map'' and dated November 5, 2021.
(7) Thompson divide withdrawal and protection area.--
The term ``Thompson Divide Withdrawal and Protection
Area'' means the Federal land and minerals within the
area generally depicted as the ``Thompson Divide
Withdrawal and Protection Area'' on the Thompson Divide
map.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek
Storage Field development right'' means a
development right for any of the Federal
mineral leases numbered COC 0007496, COC
0007497, COC 0007498, COC 0007499, COC 0007500,
COC 0007538, COC 0008128, COC 0015373, COC
0128018, COC 0051645, and COC 0051646, as
generally depicted on the Thompson Divide map
as ``Wolf Creek Storage Agreement''.
(B) Exclusions.--The term ``Wolf Creek
Storage Field development right'' does not
include any storage right or related activity
within the area described in subparagraph (A).
SEC. 5943. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the
Thompson Divide Withdrawal and Protection Area is withdrawn
from--
(1) entry, appropriation, and disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of the
Thompson Divide Withdrawal and Protection Area shall be
determined by surveys approved by the Secretary, in
consultation with the Secretary of Agriculture.
(c) Grazing.--Nothing in this subtitle affects the
administration of grazing in the Thompson Divide Withdrawal and
Protection Area.
SEC. 5944. THOMPSON DIVIDE LEASE CREDITS.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder,
the Secretary may issue to the leaseholder credits for any bid,
royalty, or rental payment due under any Federal oil or gas
lease on Federal land in the State, in accordance with
subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount
of the credits issued to a leaseholder of a Thompson
Divide lease relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid
for the applicable Thompson Divide
leases;
(ii) the amount of any rental paid
for the applicable Thompson Divide
leases as of the date on which the
leaseholder submits to the Secretary a
notice of the decision to relinquish
the applicable Thompson Divide leases;
and
(iii) the amount of any reasonable
expenses incurred by the leaseholder of
the applicable Thompson Divide leases
in the preparation of any drilling
permit, sundry notice, or other related
submission in support of the
development of the applicable Thompson
Divide leases as of January 28, 2019,
including any expenses relating to the
preparation of any analysis under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by
the leaseholder of a Thompson Divide lease for--
(A) legal fees or related expenses for legal
work with respect to a Thompson Divide lease;
or
(B) any expenses incurred before the issuance
of a Thompson Divide lease.
(c) Cancellation.--Effective on relinquishment under this
section, and without any additional action by the Secretary, a
Thompson Divide lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in
this section, each exchange under this section shall be
conducted in accordance with--
(A) this 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 under this section, any leaseholder with a Wolf
Creek Storage Field development right shall permanently
relinquish, transfer, and otherwise convey to the
Secretary, in a form acceptable to the Secretary, all
Wolf Creek Storage Field development rights of the
leaseholder.
(2) Credits.--
(A) In general.--In consideration for the
transfer of development rights under paragraph
(1), the Secretary may issue to a leaseholder
described in that paragraph credits for any
reasonable expenses incurred by the leaseholder
in acquiring the Wolf Creek Storage Field
development right or in the preparation of any
drilling permit, sundry notice, or other
related submission in support of the
development right as of January 28, 2019,
including any reasonable expenses relating to
the preparation of any analysis under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Approval.--Any credits for a transfer of
the development rights under paragraph (1),
shall be subject to--
(i) the exclusion described in
subsection (b)(2);
(ii) the conditions described in
subsection (d); and
(iii) the approval of the Secretary.
(3) Limitation of transfer.--Development rights
acquired by the Secretary under paragraph (1)--
(A) shall be held for as long as the parent
leases in the Wolf Creek Storage Field remain
in effect; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral
extraction.
SEC. 5945. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE PILOT
PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the
Bureau of Land Management a pilot program, to be known
as the ``Greater Thompson Divide Fugitive Coal Mine
Methane Use Pilot Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to improve air quality; and
(D) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days
after the date of enactment of this Act, the
Secretary shall develop a plan--
(i) to complete an inventory of
fugitive methane emissions in
accordance with subsection (b);
(ii) to provide for the leasing of
fugitive methane emissions in
accordance with subsection (c); and
(iii) to provide for the capping or
destruction of fugitive methane
emissions in accordance with subsection
(d).
(B) Coordination.--In developing the plan
under this paragraph, the Secretary shall
coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and
Pitkin Counties in the State;
(iii) lessees of Federal coal within
the counties referred to in clause
(ii);
(iv) interested institutions of
higher education in the State; and
(v) interested members of the public.
(b) Fugitive Methane Emissions Inventory.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall
complete an inventory of fugitive methane emissions.
(2) Conduct.--
(A) Collaboration.--The Secretary may conduct
the inventory under paragraph (1) through, or
in collaboration with--
(i) the Bureau of Land Management;
(ii) the United States Geological
Survey;
(iii) the Environmental Protection
Agency;
(iv) the United States Forest
Service;
(v) State departments or agencies;
(vi) Garfield, Gunnison, Delta, or
Pitkin County in the State;
(vii) the Garfield County Federal
Mineral Lease District;
(viii) institutions of higher
education in the State;
(ix) lessees of Federal coal within a
county referred to in subparagraph (F);
(x) the National Oceanic and
Atmospheric Administration;
(xi) the National Center for
Atmospheric Research; or
(xii) other interested entities,
including members of the public.
(B) Federal split estate.--
(i) In general.--In conducting the
inventory under paragraph (1) for
Federal minerals on split estate land,
the Secretary shall rely on available
data.
(ii) Limitation.--Nothing in this
section requires or authorizes the
Secretary to enter or access private
land to conduct the inventory under
paragraph (1).
(3) Contents.--The inventory conducted under
paragraph (1) shall include--
(A) the general location and geographic
coordinates of vents, seeps, or other sources
producing significant fugitive methane
emissions;
(B) an estimate of the volume and
concentration of fugitive methane emissions
from each source of significant fugitive
methane emissions, including details of
measurements taken and the basis for that
emissions estimate;
(C) relevant data and other information
available from--
(i) the Environmental Protection
Agency;
(ii) the Mine Safety and Health
Administration;
(iii) the Colorado Department of
Natural Resources;
(iv) the Colorado Public Utility
Commission;
(v) the Colorado Department of Health
and Environment; and
(vi) the Office of Surface Mining
Reclamation and Enforcement; and
(D) such other information as may be useful
in advancing the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary
shall, as appropriate, provide opportunities
for public participation in the conduct of the
inventory under paragraph (1).
(B) Availability.--The Secretary shall make
the inventory conducted under paragraph (1)
publicly available.
(C) Disclosure.--Nothing in this subsection
requires the Secretary to publicly release
information that--
(i) poses a threat to public safety;
(ii) is confidential business
information; or
(iii) is otherwise protected from
public disclosure.
(5) Impact on coal mines subject to lease.--
(A) In general.--For the purposes of
conducting the inventory under paragraph (1),
for land subject to a Federal coal lease, the
Secretary shall use readily available methane
emissions data.
(B) Effect.--Nothing in this section requires
the holder of a Federal coal lease to report
additional data or information to the
Secretary.
(6) Use.--The Secretary shall use the inventory
conducted under paragraph (1) in carrying out--
(A) the leasing program under subsection (c);
and
(B) the capping or destruction of fugitive
methane emissions under subsection (d).
(c) Fugitive Methane Emissions Leasing Program and
Sequestration.--
(1) In general.--Subject to valid existing rights and
in accordance with this section, not later than 1 year
after the date of completion of the inventory required
under subsection (b), the Secretary shall carry out a
program to encourage the use and destruction of
fugitive methane emissions.
(2) Fugitive methane emissions from coal mines
subject to lease.--
(A) In general.--The Secretary shall
authorize the holder of a valid existing
Federal coal lease for a mine that is producing
fugitive methane emissions to capture for use
or destroy the fugitive methane emissions.
(B) Conditions.--The authority under
subparagraph (A) shall be subject to--
(i) valid existing rights; and
(ii) such terms and conditions as the
Secretary may require.
(C) Limitations.--The program carried out
under paragraph (1) shall only include fugitive
methane emissions that can be captured for use
or destroyed in a manner that does not--
(i) endanger the safety of any coal
mine worker; or
(ii) unreasonably interfere with any
ongoing operation at a coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall
work cooperatively with the holders of
valid existing Federal coal leases for
mines that produce fugitive methane
emissions to encourage--
(I) the capture of fugitive
methane emissions for
beneficial use, such as
generating electrical power,
producing usable heat,
transporting the methane to
market, or transforming the
fugitive methane emissions into
a different marketable
material; or
(II) if the beneficial use of
the fugitive methane emissions
is not feasible, the
destruction of the fugitive
methane emissions.
(ii) Guidance.--In support of
cooperative efforts with holders of
valid existing Federal coal leases to
capture for use or destroy fugitive
methane emissions, not later than 1
year after the date of enactment of
this Act, the Secretary shall issue
guidance to the public for the
implementation of authorities and
programs to encourage the capture for
use and destruction of fugitive methane
emissions, while minimizing impacts on
natural resources or other public
interest values.
(E) Royalties.--The Secretary shall determine
whether any fugitive methane emissions used or
destroyed pursuant to this paragraph are
subject to the payment of a royalty under
applicable law.
(3) Fugitive methane emissions from land not subject
to a federal coal lease.--
(A) In general.--Except as otherwise provided
in this section, notwithstanding section 5943
and subject to valid existing rights and any
other applicable law, the Secretary shall, for
land not subject to a Federal coal lease--
(i) authorize the capture for use or
destruction of fugitive methane
emissions; and
(ii) make available for leasing such
fugitive methane emissions as the
Secretary determines to be in the
public interest.
(B) Source.--To the extent practicable, the
Secretary shall offer for lease, individually
or in combination, each significant source of
fugitive methane emissions on land not subject
to a Federal coal lease.
(C) Bid qualifications.--A bid to lease
fugitive methane emissions under this paragraph
shall specify whether the prospective lessee
intends--
(i) to capture the fugitive methane
emissions for beneficial use, such as
generating electrical power, producing
usable heat, transporting the methane
to market, or transforming the fugitive
methane emissions into a different
marketable material;
(ii) to destroy the fugitive methane
emissions; or
(iii) to employ a specific
combination of--
(I) capturing the fugitive
methane emissions for
beneficial use; and
(II) destroying the fugitive
methane emissions.
(D) Priority.--
(i) In general.--If there is more
than 1 qualified bid for a lease under
this paragraph, the Secretary shall
select the bid that the Secretary
determines is likely to most
significantly advance the public
interest.
(ii) Considerations.--In determining
the public interest under clause (i),
the Secretary shall take into
consideration--
(I) the overall decrease in
the fugitive methane emissions;
(II) the impacts to other
natural resource values,
including wildlife, water, and
air; and
(III) other public interest
values, including scenic,
economic, recreation, and
cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall
develop and provide to prospective
bidders a lease form for leases issued
under this paragraph.
(ii) Due diligence.--The lease form
developed under clause (i) shall
include terms and conditions requiring
the leased fugitive methane emissions
to be put to beneficial use or
destroyed by not later than 3 years
after the date of issuance of the
lease.
(F) Royalty rate.--The Secretary shall
develop a minimum bid, as the Secretary
determines to be necessary, and royalty rate
for leases under this paragraph.
(d) Sequestration.--If, by not later than 4 years after the
date of completion of the inventory under subsection (b), any
significant fugitive methane emissions are not leased under
subsection (c)(3), the Secretary shall, subject to the
availability of appropriations and in accordance with
applicable law, take all reasonable measures--
(1) to provide incentives for new leases under
subsection (c)(3);
(2) to cap those fugitive methane emissions at the
source in any case in which the cap will result in the
long-term sequestration of all or a significant portion
of the fugitive methane emissions; or
(3) to destroy the fugitive methane emissions, if
incentivizing leases under paragraph (1) or
sequestration under paragraph (2) is not feasible, with
priority for locations that destroy the greatest
quantity of fugitive methane emissions at the lowest
cost.
(e) Report to Congress.--Not later than 4 years after the
date of enactment of this Act the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
a report detailing--
(1) the economic and environmental impacts of the
pilot program, including information on increased
royalties and estimates of avoided greenhouse gas
emissions; and
(2) any recommendations of the Secretary on whether
the pilot program could be expanded to include--
(A) other significant sources of emissions of
fugitive methane located outside the boundaries
of the area depicted as ``Fugitive Coal Mine
Methane Use Pilot Program Area'' on the pilot
program map; and
(B) the leasing of natural methane seeps
under the activities authorized pursuant to
subsection (c)(3).
SEC. 5946. EFFECT.
Except as expressly provided in this subtitle, nothing in
this subtitle--
(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
subtitle, 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.
Subtitle D--Curecanti National Recreation Area
SEC. 5951. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed
Boundary'', numbered 616/100,485D, and dated April 25,
2022 .
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National
Recreation Area established by section 5952(a).
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
SEC. 5952. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of the
date on which the Secretary approves a request under subsection
(c)(2)(B)(i)(I) and the date that is 1 year after the date of
enactment of this Act, there shall be established as a unit of
the National Park System the Curecanti National Recreation
Area, in accordance with this subtitle, consisting of
approximately 50,300 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 subtitle; 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 subtitle
affects or interferes with the authority of the
Secretary--
(i) to operate the Uncompahgre Valley
Reclamation Project under the
reclamation laws;
(ii) to operate the Wayne N. Aspinall
Unit of the Colorado River Storage
Project under the Act of April 11, 1956
(commonly known as the ``Colorado River
Storage Project Act'') (43 U.S.C. 620
et seq.); or
(iii) under the Federal Water Project
Recreation Act (16 U.S.C. 460l-12 et
seq.).
(B) Reclamation land.--
(i) Submission of request to retain
administrative jurisdiction.--If,
before the date that is 1 year after
the date of enactment of this Act, the
Commissioner of Reclamation submits to
the Secretary a request for the
Commissioner of Reclamation to retain
administrative jurisdiction over the
minimum quantity of land within the
land identified on the map as ``Lands
withdrawn or acquired for Bureau of
Reclamation projects'' that the
Commissioner of Reclamation identifies
as necessary for the effective
operation of Bureau of Reclamation
water facilities, the Secretary may--
(I) approve, approve with
modifications, or disapprove
the request; and
(II) if the request is
approved under subclause (I),
make any modifications to the
map that are necessary to
reflect that the Commissioner
of Reclamation retains
management authority over the
minimum quantity of land
required to fulfill the
reclamation mission.
(ii) Transfer of land.--
(I) In general.--
Administrative jurisdiction
over the land identified on the
map as ``Lands withdrawn or
acquired for Bureau of
Reclamation projects'', as
modified pursuant to clause
(i)(II), if applicable, shall
be transferred from the
Commissioner of Reclamation to
the Director of the National
Park Service by not later than
the date that is 1 year after
the date of enactment of this
Act.
(II) Access to transferred
land.--
(aa) In general.--
Subject to item (bb),
the Commissioner of
Reclamation shall
retain access to the
land transferred to the
Director of the
National Park Service
under subclause (I) for
reclamation purposes,
including for the
operation, maintenance,
and expansion or
replacement of
facilities.
(bb) Memorandum of
understanding.--The
terms of the access
authorized under item
(aa) shall be
determined by a
memorandum of
understanding entered
into between the
Commissioner of
Reclamation and the
Director of the
National Park Service
not later than 1 year
after the date of
enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into
management agreements, or modify management
agreements in existence on the date of
enactment of this Act, relating to the
authority of the Director of the National Park
Service, the Commissioner of Reclamation, the
Director of the Bureau of Land Management, or
the Chief of the Forest Service to manage
Federal land within or adjacent to the boundary
of the National Recreation Area.
(B) State land.--The Secretary may enter into
cooperative management agreements for any land
administered by the State that is within or
adjacent to the National Recreation Area, in
accordance with the cooperative management
authority under section 101703 of title 54,
United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in
subparagraph (B), the Secretary shall allow
boating, boating-related activities, hunting,
and fishing in the National Recreation Area in
accordance with applicable Federal and State
laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary,
acting through the Superintendent of
the National Recreation Area, may
designate zones in which, and establish
periods during which, no boating,
hunting, or fishing shall be permitted
in the National Recreation Area under
subparagraph (A) for reasons of public
safety, administration, or compliance
with applicable laws.
(ii) Consultation required.--Except
in the case of an emergency, any
closure proposed by the Secretary under
clause (i) shall not take effect until
after the date on which the
Superintendent of the National
Recreation Area consults with--
(I) the appropriate State
agency responsible for hunting
and fishing activities; and
(II) the Board of County
Commissioners in each county in
which the zone is proposed to
be designated.
(5) Landowner assistance.--On the written request of
an individual that owns private land located within the
area generally depicted as ``Conservation Opportunity
Area'' on the map entitled ``Preferred Alternative'' in
the document entitled ``Report to Congress: Curecanti
Special Resource Study'' and dated June 2009, the
Secretary may work in partnership with the individual
to enhance the long-term conservation of natural,
cultural, recreational, and scenic resources in and
around the National Recreation Area--
(A) by acquiring all or a portion of the
private land or interests in private land
within the Conservation Opportunity Area by
purchase, exchange, or donation, in accordance
with section 5953;
(B) by providing technical assistance to the
individual, including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement
opportunities.
(6) Incorporation of acquired land and interests.--
Any land or interest in land acquired by the United
States under paragraph (5) shall--
(A) become part of the National Recreation
Area; and
(B) be managed in accordance with this
subtitle.
(7) Withdrawal.--Subject to valid existing rights,
all Federal land within the National Recreation Area,
including land acquired pursuant to this section, is
withdrawn from--
(A) entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(8) Grazing.--
(A) State land subject to a state grazing
lease.--
(i) In general.--If State land
acquired under this subtitle is subject
to a State grazing lease in effect on
the date of acquisition, the Secretary
shall allow the grazing to continue for
the remainder of the term of the lease,
subject to the related terms and
conditions of user agreements,
including permitted stocking rates,
grazing fee levels, access rights, and
ownership and use of range
improvements.
(ii) Access.--A lessee of State land
may continue to use established routes
within the National Recreation Area to
access State land for purposes of
administering the lease if the use was
permitted before the date of enactment
of this Act, subject to such terms and
conditions as the Secretary may
require.
(B) State and private land.--The Secretary
may, in accordance with applicable laws,
authorize grazing on land acquired from the
State or private landowners under section 5953,
if grazing was established before the date of
acquisition.
(C) Private land.--On private land acquired
under section 5953 for the National Recreation
Area on which authorized grazing is occurring
before the date of enactment of this Act, the
Secretary, in consultation with the lessee, may
allow the continuation and renewal of grazing
on the land based on the terms of acquisition
or by agreement between the Secretary and the
lessee, subject to applicable law (including
regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the
grazing leases, uses, and practices in
effect as of the date of enactment of
this Act, the continuation and renewal
of grazing on Federal land located
within the boundary of the National
Recreation Area on which grazing is
allowed before the date of enactment of
this Act, unless the Secretary
determines that grazing on the Federal
land would present unacceptable impacts
(as defined in section 1.4.7.1 of the
National Park Service document entitled
``Management Policies 2006: The Guide
to Managing the National Park System'')
to the natural, cultural, recreational,
and scenic resource values and the
character of the land within the
National Recreation Area; and
(ii) retain all authorities to manage
grazing in the National Recreation
Area.
(E) Termination of leases.--Within the
National Recreation Area, the Secretary may--
(i) accept the voluntary termination
of a lease or permit for grazing; or
(ii) in the case of a lease or permit
vacated for a period of 3 or more
years, terminate the lease or permit.
(9) Water rights.--Nothing in this subtitle--
(A) affects any use or allocation in
existence on the date of enactment of this Act
of any water, water right, or interest in
water;
(B) affects any vested absolute or decreed
conditional water right in existence on the
date of enactment of this Act, including any
water right held by the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this Act;
(D) shall be considered to be a
relinquishment or reduction of any water right
reserved or appropriated by the United States
in the State on or before the date of enactment
of this Act; or
(E) constitutes an express or implied Federal
reservation of any water or water rights with
respect to the National Recreation Area.
(10) Fishing easements.--
(A) In general.--Nothing in this subtitle
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 Act, the Secretary
shall develop a plan for fulfilling the
obligation of the Secretary described in
subparagraph (B) by the date that is 10 years
after the date of enactment of this Act.
(D) Reports.--Not later than each of 2 years,
5 years, and 8 years after the date of
enactment of this Act, the Secretary shall
submit to Congress a report that describes the
progress made in fulfilling the obligation of
the Secretary described in subparagraph (B).
(d) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this subtitle 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. 5953. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land
or interest in land within the boundary of the National
Recreation Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B),
land described in paragraph (1) may be acquired
under this subsection by--
(i) donation;
(ii) purchase from willing sellers
with donated or appropriated funds;
(iii) transfer from another Federal
agency; or
(iv) exchange.
(B) State land.--Land or interests in land
owned by the State or a political subdivision
of the State may only be acquired by purchase,
donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction
over the approximately 2,500 acres of land
identified on the map as ``U.S. Forest Service
proposed transfer to the National Park
Service'' is transferred to the Secretary, to
be administered by the Director of the National
Park Service as part of the National Recreation
Area.
(B) Boundary adjustment.--The boundary of the
Gunnison National Forest shall be adjusted to
exclude the land transferred to the Secretary
under subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 6,100 acres of land
identified on the map as ``Bureau of Land Management
proposed transfer to National Park Service'' is
transferred from the Director of the Bureau of Land
Management to the Director of the National Park
Service, to be administered as part of the National
Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the
land identified on the map as ``Proposed for transfer
to the Bureau of Land Management, subject to the
revocation of Bureau of Reclamation withdrawal'' shall
be transferred to the Director of the Bureau of Land
Management on relinquishment of the land by the Bureau
of Reclamation and revocation by the Bureau of Land
Management of any withdrawal as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation
purposes of the land identified on the map as
``Potential exchange lands'' shall be relinquished by
the Commissioner of Reclamation and revoked by the
Director of the Bureau of Land Management and the land
shall be transferred to the National Park Service.
(2) Exchange; inclusion in national recreation
area.--On transfer of the land described in paragraph
(1), the transferred land--
(A) may be exchanged by the Secretary for
private land described in section 5952(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. 5954. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are made
available to carry out this subtitle, 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. 5955. 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 E--Grand Canyon Protection
SEC. 5961. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE STATE OF ARIZONA.
(a) Definition Of Map.--In this section, 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.
----------
456. An Amendment To Be Offered by Representative Degette of Colorado
or Her Designee, Debatable for 10 Minutes
Page 1348, after line 23, insert the following:
DIVISION F--PUBLIC LANDS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Protecting America's Wilderness Act''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents.
TITLE LXXI--COLORADO WILDERNESS
Sec. 101. Short title; definition.
Sec. 102. Additions to National Wilderness Preservation System in the
State of Colorado.
Sec. 103. Administrative provisions.
Sec. 104. Water.
Sec. 105. Sense of Congress.
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.
TITLE LXXII--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A--Restoration and Economic Development
Sec. 211. South Fork Trinity-Mad River Restoration Area.
Sec. 212. Redwood National and State Parks restoration.
Sec. 213. California Public Lands Remediation Partnership.
Sec. 214. Trinity Lake visitor center.
Sec. 215. Del Norte County visitor center.
Sec. 216. Management plans.
Sec. 217. Study; partnerships related to overnight accommodations.
Subtitle B--Recreation
Sec. 221. Horse Mountain Special Management Area.
Sec. 222. Bigfoot National Recreation Trail.
Sec. 223. Elk Camp Ridge Recreation Trail.
Sec. 224. Trinity Lake Trail.
Sec. 225. Trails study.
Sec. 226. Construction of mountain bicycling routes.
Sec. 227. Partnerships.
Subtitle C--Conservation
Sec. 231. Designation of wilderness.
Sec. 232. Administration of wilderness.
Sec. 233. Designation of potential wilderness.
Sec. 234. Designation of wild and scenic rivers.
Sec. 235. Sanhedrin Special Conservation Management Area.
Subtitle D--Miscellaneous
Sec. 241. Maps and legal descriptions.
Sec. 242. Updates to land and resource management plans.
Sec. 243. Pacific Gas and Electric Company Utility facilities and
rights-of-way.
TITLE LXXIII--CENTRAL COAST HERITAGE PROTECTION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Designation of wilderness.
Sec. 304. Designation of the Machesna Mountain Potential Wilderness.
Sec. 305. Administration of wilderness.
Sec. 306. Designation of Wild and Scenic Rivers.
Sec. 307. Designation of the Fox Mountain Potential Wilderness.
Sec. 308. Designation of scenic areas.
Sec. 309. Condor National Scenic Trail.
Sec. 310. Forest service study.
Sec. 311. Nonmotorized recreation opportunities.
Sec. 312. Use by members of Tribes.
TITLE LXXIV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
Sec. 401. Short title.
Sec. 402. Definition of State.
Subtitle A--San Gabriel National Recreation Area
Sec. 411. Purposes.
Sec. 412. Definitions.
Sec. 413. San Gabriel National Recreation Area.
Sec. 414. Management.
Sec. 415. Acquisition of non-Federal land within Recreation Area.
Sec. 416. Water rights; water resource facilities; public roads; utility
facilities.
Sec. 417. San Gabriel National Recreation Area Public Advisory Council.
Sec. 418. San Gabriel National Recreation Area Partnership.
Sec. 419. Visitor services and facilities.
Subtitle B--San Gabriel Mountains
Sec. 421. Definitions.
Sec. 422. National monument boundary modification.
Sec. 423. Designation of Wilderness Areas and Additions.
Sec. 424. Administration of Wilderness Areas and Additions.
Sec. 425. Designation of Wild and Scenic Rivers.
Sec. 426. Water rights.
TITLE LXXV--RIM OF THE VALLEY CORRIDOR PRESERVATION
Sec. 501. Short title.
Sec. 502. Boundary adjustment; land acquisition; administration.
TITLE LXXVI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
Sec. 601. Short title.
Sec. 602. Designation of olympic national forest wilderness areas.
Sec. 603. Wild and scenic river designations.
Sec. 604. Existing rights and withdrawal.
Sec. 605. Treaty rights.
TITLE LXXVII--CERRO DE LA OLLA WILDERNESS ESTABLISHMENT
Sec. 701. Designation of Cerro de la Olla Wilderness.
TITLE LXXVIII--STUDY ON FLOOD RISK MITIGATION
Sec. 801. Study on Flood Risk Mitigation.
TITLE LXXIX--MISCELLANEOUS
Sec. 901. Promoting health and wellness for veterans and servicemembers.
Sec. 902. Fire, insects, and diseases.
Sec. 903. Military activities.
TITLE LXXI--COLORADO WILDERNESS
SEC. 101. SHORT TITLE; DEFINITION.
(a) Short Title.--This title may be cited as the ``Colorado
Wilderness Act of 2020''.
(b) Secretary Defined.--As used in this title, 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 January 31, 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) Blue Mesa Reservoir.--If the Bureau of Reclamation
determines that lands within the West Elk Wilderness Addition
are necessary for future expansion of the Blue Mesa Reservoir,
the Secretary shall by publication of a revised boundary
description in the Federal Register revise the boundary of the
West Elk Wilderness Addition.
(e) 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 title, 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.
(f) 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 title shall be managed by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.) and this title, except that, with respect to any
wilderness areas designated by this title, 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 Act.
(b) Grazing.--Grazing of livestock in wilderness areas
designated by this title 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
title 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 title creates a
protective perimeter or buffer zone around any area
designated as wilderness by this title.
(2) Activities outside wilderness.--The fact that an
activity or use on land outside the areas designated as
wilderness by this title 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 title restricts or
precludes--
(A) low-level overflights of military
helicopters over the areas designated as
wilderness by this title, 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 title--
(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 title 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 Act--
(1) in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
(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 title--
(1) affects the use or allocation, in existence on
the date of enactment of this Act, 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 Act, including any water right held
by the United States;
(3) affects any interstate water compact in existence
on the date of enactment of this Act;
(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 Act.
(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
title, 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,
but not earlier than January 1, 2021,
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 title, the Secretary shall
adjudicate and exercise Federal water rights
required to fulfill the purposes of this title
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 title.
(3) Water resource facility.--Notwithstanding any
other provision of law, beginning on the date of
enactment of this title, 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 Act 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 Act.
(3) Access routes.--Existing access routes within
such areas customarily employed as of the date of
enactment of this Act 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
Act.
(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 Act 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 Act. 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 Act.
(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 Act 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 Act, 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).
TITLE LXXII--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Northwest California
Wilderness, Recreation, and Working Forests Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the
jurisdiction of the Secretary of Agriculture,
the Secretary of Agriculture; and
(B) with respect to land under the
jurisdiction of the Secretary of the Interior,
the Secretary of the Interior.
(2) State.--The term ``State'' means the State of
California.
Subtitle A--Restoration and Economic Development
SEC. 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 729,089 acres of Federal land
administered by the Forest Service and approximately 1,280
acres of Federal land administered by the Bureau of Land
Management, as generally depicted on the map entitled ``South
Fork Trinity-Mad River Restoration Area--Proposed'' and dated
July 3, 2018, 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 title; and
(iv) any other applicable law
(including regulations); and
(D) in a manner consistent with congressional
intent that consultation for restoration
projects within the restoration area 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 title.
(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 Act--
(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 Act, 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 Act, 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 214, 215, and 216 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 title.
(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 title.
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 title, 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 title.
(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.
Subtitle B--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 7,399 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--Proposed'' and dated April
13, 2017.
(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 Act 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 Act, 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 title; 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 Act,
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 Act, 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 title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 225. TRAILS STUDY.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Agriculture, in
accordance with subsection (b) and in consultation with
interested parties, shall conduct a study to improve motorized
and nonmotorized recreation trail opportunities (including
mountain bicycling) on land not designated as wilderness within
the portions of the Six Rivers, Shasta-Trinity, and Mendocino
National Forests located in Del Norte, Humboldt, 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 Act, 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 title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 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.
Subtitle C--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 11,117 acres, as generally
depicted on the map entitled ``Black Butte River
Wilderness--Proposed'' and dated April 13, 2017, 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 6,212 acres, as
generally depicted on the map entitled ``Chanchelulla
Wilderness Additions--Proposed'' and dated July 16,
2018, 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 27,258 acres, as generally depicted on
the map entitled ``Chinquapin Wilderness--Proposed''
and dated January 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 6,002 acres, as generally
depicted on the map entitled ``Mad River Buttes
Wilderness--Proposed'' and dated July 25, 2018, 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 1,292 acres, as
generally depicted on the map entitled ``Mount Lassic
Wilderness Additions--Proposed'' and dated February 23,
2017, 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 16,274 acres, as generally depicted on
the map entitled ``North Fork Wilderness Additions''
and dated January 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 28,595 acres, as generally depicted on
the map entitled ``Pattison Wilderness--Proposed'' and
dated July 16, 2018, 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 27,747 acres, as generally
depicted on the map entitled ``Siskiyou Wilderness
Additions and Potential Wildernesses--Proposed'' and
dated July 24, 2018, 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 26,446 acres, as
generally depicted on the map entitled ``South Fork
Trinity River Wilderness and Potential Wildernesses--
Proposed'' and dated March 11, 2019, 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 60,826 acres, as
generally depicted on the maps entitled ``Trinity Alps
Proposed Wilderness Additions EAST'' and ``Trinity Alps
Proposed Wilderness Additions WEST'' and dated January
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 15,069 acres, as generally depicted on
the map entitled ``Underwood Wilderness--Proposed'' and
dated January 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 10,729 acres, as generally depicted on
the map entitled ``Yolla Bolly Middle Eel Wilderness
Additions and Potential Wildernesses--Proposed'' and
dated June 7, 2018, 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
January 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 Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to
the Secretary.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may 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 title.
(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 Act, establish agency
approval procedures (including appropriate
delegations of authority to the Forest
Supervisor, District Manager, or other agency
officials) for responding to fire emergencies;
and
(B) enter into agreements with appropriate
State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness
areas and wilderness additions designated by this title, if
established before the date of enactment of this Act, shall be
administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2)(A) for 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 title affects the jurisdiction or
responsibilities of the State with respect to fish and
wildlife on public land in the State.
(2) Management activities.--In furtherance of the
purposes and principles of the Wilderness Act (16
U.S.C. 1131 et seq.), the Secretary may conduct any
management activities that are necessary to maintain or
restore fish, 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 title 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 title 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 title 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 Act--
(1) in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
SEC. 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 3,797 acres, as
generally depicted on the map entitled ``Chinquapin
Proposed Potential Wilderness'' and dated January 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 8,961 acres, as
generally depicted on the map entitled ``Siskiyou
Wilderness Additions and Potential Wildernesses--
Proposed'' and dated July 24, 2018.
(4) Certain Federal land managed by the Forest
Service, comprising approximately 405 acres, as
generally depicted on the map entitled ``South Fork
Trinity River Wilderness and Potential Wildernesses--
Proposed'' and dated March 11, 2019.
(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 January 15,
2020.
(6) Certain Federal land managed by the Forest
Service, comprising approximately 4,282 acres, as
generally depicted on the map entitled ``Yolla Bolly
Middle Eel Wilderness Additions and Potential
Wildernesses--Proposed'' and dated June 7, 2018.
(7) Certain Federal land managed by the Forest
Service, comprising approximately 2,909 acres, as
generally depicted on the map entitled ``Yuki Proposed
Potential Wilderness'' and dated January 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 Act 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 231(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 Act, 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 14,177 acres of
Federal land administered by the Forest Service in Mendocino
County, California, as generally depicted on the map entitled
``Sanhedrin Special Conservation Management Area--Proposed''
and dated April 12, 2017.
(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 Act.
(2) New or temporary roads.--Except as provided in
paragraph (3), no new or temporary roads shall be
constructed within the conservation management area.
(3) 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 Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies,
and practices as the Secretary considers
necessary; and
(B) applicable law (including regulations);
and
(2) in a manner consistent with the purposes
described in subsection (b).
(g) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may 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.
Subtitle D--Miscellaneous
SEC. 241. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of 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 title, except that the Secretary may correct
any clerical and typographical errors in the maps and legal
descriptions.
(d) Public Availability.--The maps and legal descriptions
prepared under subsection (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 title into updated
management plans for units covered by this title.
SEC. 243. PACIFIC GAS AND ELECTRIC COMPANY UTILITY FACILITIES AND
RIGHTS-OF-WAY.
(a) Effect of Act.--Nothing in this title--
(1) affects any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair,
relocation within an existing right-of-way,
replacement, or other authorized activity (including
the use of any mechanized vehicle, helicopter, and
other aerial device) in a right-of-way acquired by or
issued, granted, or permitted to Pacific Gas and
Electric Company (including any predecessor or
successor in interest or assign) that is located on
land included in 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 Act 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.
TITLE LXXIII--CENTRAL COAST HERITAGE PROTECTION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Central Coast Heritage
Protection Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Scenic areas.--The term ``scenic area'' means a
scenic area designated by section 308(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 303(a).
SEC. 303. 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 March 29, 2019,
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 Act, the Secretary shall file
maps and legal descriptions of the wilderness areas
with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The maps and legal descriptions
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary may correct any clerical and typographical
errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal
descriptions filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service and Bureau of Land
Management.
SEC. 304. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Los Padres National Forest comprising approximately 2,359
acres, as generally depicted on the map entitled ``Machesna
Mountain Potential Wilderness'' and dated March 29, 2019, is
designated as the Machesna Mountain Potential Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
a map and legal description of the Machesna Mountain
Potential Wilderness Area (referred to in this section
as the ``potential wilderness area'') with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary may correct any clerical and typographical
errors in the map and legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
(c) Management.--Except as provided in subsection (d) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.).
(d) Trail Use, Construction, Reconstruction, and
Realignment.--
(1) In general.--In accordance with paragraph (2),
the Secretary may reconstruct, realign, or reroute the
Pine Mountain Trail.
(2) Requirement.--In carrying out the reconstruction,
realignment, or rerouting under paragraph (1), the
Secretary shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use
the minimum tool or administrative practice
necessary to accomplish the reconstruction,
realignment, or rerouting with the least amount
of adverse impact on wilderness character and
resources.
(3) Motorized vehicles and machinery.--In accordance
with paragraph (2), the Secretary may use motorized
vehicles and machinery to carry out the trail
reconstruction, realignment, or rerouting authorized by
this subsection.
(4) Motorized and mechanized vehicles.--The Secretary
may permit the use of motorized and mechanized vehicles
on the existing Pine Mountain Trail in accordance with
existing law (including regulations) and this
subsection until such date as the potential wilderness
area is designated as wilderness in accordance with
subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the potential wilderness area is withdrawn from
all forms of--
(1) entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with State,
Tribal, and local governmental entities and private entities to
complete the trail reconstruction, realignment, or rerouting
authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of
the potential wilderness area to exclude any area within 150
feet of the centerline of the new location of any trail that
has been reconstructed, realigned, or rerouted under subsection
(d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as
modified under subsection (g), shall be designated as
wilderness and as a component of the National
Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary publishes
in the Federal Register notice that the trail
reconstruction, realignment, or rerouting
authorized by subsection (d) has been
completed; or
(B) the date that is 20 years after the date
of enactment of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness
area shall be--
(A) incorporated into the Machesna Mountain
Wilderness Area, as designated by the
California Wilderness Act of 1984 (Public Law
98-425; 16 U.S.C. 1132 note) and expanded by
section 303; and
(B) administered in accordance with section
305 and the Wilderness Act (16 U.S.C. 1131 et
seq.).
SEC. 305. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with this title and the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the effective date of that Act shall
be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in the Wilderness Act (16 U.S.C.
1131 et seq.) to the Secretary of Agriculture shall be
considered to be a reference to the Secretary that has
jurisdiction over the wilderness area.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take any measures
in a wilderness area as are necessary for the control
of fire, insects, and diseases in accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Funding priorities.--Nothing in this title limits
funding for fire and fuels management in the wilderness
areas.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of
enactment of this Act, the Secretary shall amend the
local information in the Fire Management Reference
System or individual operational 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 Act,
shall be permitted to continue, subject to any reasonable
regulations as the Secretary considers necessary in accordance
with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4));
(2) the guidelines set forth in Appendix A of House
Report 101-405, accompanying H.R. 2570 of the 101st
Congress for land under the jurisdiction of the
Secretary of the Interior;
(3) the guidelines set forth in House Report 96-617,
accompanying H.R. 5487 of the 96th Congress for land
under the jurisdiction of the Secretary of Agriculture;
and
(4) all other laws governing livestock grazing on
Federal public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this title affects the jurisdiction or
responsibilities of the State with respect to fish and
wildlife on public land in the State.
(2) Management activities.--In furtherance of the
purposes and principles of the Wilderness Act (16
U.S.C. 1131 et seq.), the Secretary may conduct any
management activities that are necessary to maintain or
restore fish and wildlife populations and habitats in
the wilderness areas, if the management activities
are--
(A) consistent with relevant wilderness
management plans;
(B) conducted in accordance with appropriate
policies, such as the policies established in
Appendix B of House Report 101-405; and
(C) in accordance with memoranda of
understanding between the Federal agencies and
the State Department of Fish and Wildlife.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas by this title to lead
to the creation of protective perimeters or buffer
zones around each wilderness area.
(2) Activities or uses up to boundaries.--The fact
that nonwilderness activities or uses can be seen or
heard from within a wilderness area shall not, of
itself, preclude the activities or uses up to the
boundary of the wilderness area.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over
the wilderness areas;
(2) the designation of new units of special airspace
over the wilderness areas; or
(3) the use or establishment of military flight
training routes over wilderness areas.
(g) Horses.--Nothing in this title precludes horseback riding
in, or the entry of recreational saddle or pack stock into, a
wilderness area--
(1) in accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to
be necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the
wilderness areas are withdrawn from--
(1) all forms of entry, appropriation, and disposal
under the public land laws;
(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) 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. 306. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Indian Creek, Mono Creek, and Matilija Creek,
California.--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) 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 National
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 National
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 National
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (199) and inserting the following:
``(199) Piru creek, california.--The following
segments of Piru Creek in the State of California, to
be administered by the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from
its source in sec. 3, T. 6 N., R. 22 W., to the
private property boundary in sec. 4, T. 6 N.,
R. 21 W., as a wild river.
``(B) The 17.2-mile segment of Piru Creek
from the private property boundary in sec. 4,
T. 6 N., R. 21 W., to 0.25 miles downstream of
the Gold Hill Road, as a scenic river.
``(C) The 4.1-mile segment of Piru Creek from
0.25 miles downstream of Gold Hill Road to the
confluence with Trail Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek
from the confluence with Trail Canyon to the
confluence with Buck Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from
0.5 miles downstream of Pyramid Dam at the
first bridge crossing to the boundary of the
Sespe Wilderness, as a recreational river.
``(F) The 13-mile segment of Piru Creek from
the boundary of the Sespe Wilderness to the
boundary of the Sespe Wilderness, as a wild
river.
``(G) The 2.2-mile segment of Piru Creek from
the boundary of the Sespe Wilderness to the
upper limit of Piru Reservoir, as a
recreational river.''.
(e) Effect.--The designation of additional miles of Piru
Creek under subsection (d) shall not affect valid water rights
in existence on the date of enactment of this Act.
(f) Motorized Use of Trails.--Nothing in this section
(including the amendments made by this section) affects the
motorized use of trails designated by the Forest Service for
motorized use that are located adjacent to and crossing upper
Piru Creek, if the use is consistent with the protection and
enhancement of river values under the National Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 307. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Los Padres National Forest comprising approximately 41,082
acres, as generally depicted on the map entitled ``Fox Mountain
Potential Wilderness Area'' and dated November 14, 2019, is
designated as the Fox Mountain Potential Wilderness Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary of
Agriculture shall file a map and a legal description of
the Fox Mountain Potential Wilderness Area (referred to
in this section as the ``potential wilderness area'')
with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary of Agriculture may correct any clerical and
typographical errors in the map and legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service.
(c) Management.--Except as provided in subsection (d) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.).
(d) Trail Use Construction, Reconstruction, and
Realignment.--
(1) In general.--In accordance with paragraph (2),
the Secretary of Agriculture may--
(A) construct a new trail for use by hikers,
equestrians, and mechanized vehicles that
connects the Aliso Park Campground to the Bull
Ridge Trail; and
(B) reconstruct or realign--
(i) the Bull Ridge Trail; and
(ii) the Rocky Ridge Trail.
(2) Requirement.--In carrying out the construction,
reconstruction, or alignment under paragraph (1), the
Secretary shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use
the minimum tool or administrative practice
necessary to accomplish the construction,
reconstruction, or alignment with the least
amount of adverse impact on wilderness
character and resources.
(3) Motorized vehicles and machinery.--In accordance
with paragraph (2), the Secretary may use motorized
vehicles and machinery to carry out the trail
construction, reconstruction, or realignment authorized
by this subsection.
(4) Mechanized vehicles.--The Secretary may permit
the use of mechanized vehicles on the existing Bull
Ridge Trail and Rocky Ridge Trail in accordance with
existing law (including regulations) and this
subsection until such date as the potential wilderness
area is designated as wilderness in accordance with
subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the potential wilderness area is withdrawn from
all forms of--
(1) entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining
laws; and
(3) disposition under all laws pertaining to mineral
and geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with State,
Tribal, and local governmental entities and private entities to
complete the trail construction, reconstruction, and
realignment authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of
the potential wilderness area to exclude any area within 50
feet of the centerline of the new location of any trail that
has been constructed, reconstructed, or realigned under
subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as
modified under subsection (g), shall be designated as
wilderness and as a component of the National
Wilderness Preservation System on the earlier of--
(A) the date on which the Secretary publishes
in the Federal Register notice that the trail
construction, reconstruction, or alignment
authorized by subsection (d) has been
completed; or
(B) the date that is 20 years after the date
of enactment of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness
area shall be--
(A) incorporated into the San Rafael
Wilderness, as designated by Public Law 90-271
(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 303; and
(B) administered in accordance with section
305 and the Wilderness Act (16 U.S.C. 1131 et
seq.).
SEC. 308. DESIGNATION OF SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there are
established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the
Los Padres National Forest comprising approximately
18,666 acres, as generally depicted on the map entitled
``Condor Ridge Scenic Area--Proposed'' and dated March
29, 2019, which shall be known as the ``Condor Ridge
Scenic Area''.
(2) Black mountain scenic area.--Certain land in the
Los Padres National Forest and the Bakersfield Field
Office of the Bureau of Land Management comprising
approximately 16,216 acres, as generally depicted on
the map entitled ``Black Mountain Scenic Area--
Proposed'' and dated March 29, 2019, which shall be
known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary of
Agriculture shall file a map and legal description of
the Condor Ridge Scenic Area and Black Mountain Scenic
Area with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The maps and legal descriptions
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary of Agriculture may correct any clerical and
typographical errors in the maps and legal
descriptions.
(3) Public availability.--The maps and legal
descriptions filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the Forest Service and Bureau of Land
Management.
(c) Purpose.--The purpose of the scenic areas is to conserve,
protect, and enhance for the benefit and enjoyment of present
and future generations the ecological, scenic, wildlife,
recreational, cultural, historical, natural, educational, and
scientific resources of the scenic areas.
(d) Management.--
(1) In general.--The Secretary shall administer the
scenic areas--
(A) in a manner that conserves, protects, and
enhances the resources of the scenic areas, and
in particular the scenic character attributes
of the scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and
Management Act (43 U.S.C. 1701 et seq.)
for land under the jurisdiction of the
Secretary of the Interior;
(iii) any laws (including
regulations) relating to the National
Forest System, for land 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. 309. 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.--A map generally depicting the
trail described 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 Act, 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. 310. FOREST SERVICE STUDY.
Not later than 6 years after the date of enactment of this
Act, the Secretary of Agriculture (acting through the Chief of
the Forest Service) shall study the feasibility of opening a
new trail, for vehicles measuring 50 inches or less, connecting
Forest Service Highway 95 to the existing off-highway vehicle
trail system in the Ballinger Canyon off-highway vehicle area.
SEC. 311. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 6 years after the date of enactment of this
Act, the Secretary of Agriculture, in consultation with
interested parties, shall conduct a study to improve
nonmotorized recreation trail opportunities (including mountain
bicycling) on land not designated as wilderness within the
Santa Barbara, Ojai, and Mt. Pinos ranger districts.
SEC. 312. 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 title 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 title 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.).
TITLE LXXIV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``San Gabriel Mountains
Foothills and Rivers Protection Act''.
SEC. 402. DEFINITION OF STATE.
In this title, the term ``State'' means the State of
California.
Subtitle A--San Gabriel National Recreation Area
SEC. 411. PURPOSES.
The purposes of this subtitle 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. 412. DEFINITIONS.
In this subtitle:
(1) Adjudication.--The term ``adjudication'' means
any final judgment, order, ruling, or decree entered in
any judicial proceeding adjudicating or affecting 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 417(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 414(d).
(5) Partnership.--The term ``Partnership'' means the
San Gabriel National Recreation Area Partnership
established by section 418(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.
(7) Recreation area.--The term ``Recreation Area''
means the San Gabriel National Recreation Area
established by section 413(a).
(8) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(9) 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.
(10) 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. 413. SAN GABRIEL NATIONAL RECREATION AREA.
(a) Establishment; Boundaries.--Subject to valid existing
rights, there is established as a unit of the National Park
System in the State the San Gabriel National Recreation Area
depicted as the ``Proposed San Gabriel National Recreation
Area'' on the map entitled ``San Gabriel National Recreation
Area Proposed Boundary,'' numbered 503/152,737, and dated July
2019.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the
date of the enactment of this Act, the Secretary shall
file a map and a legal description of the Recreation
Area with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this title, except that the
Secretary may correct any clerical or typographical
error in the map or legal description.
(3) Public availability.--The map and legal
description filed under paragraph (1) shall be on file
and available for public inspection in the appropriate
offices of the National Park Service.
(c) Administration and Jurisdiction.--
(1) Public 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 subtitle 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
subtitle 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. 414. 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 subtitle;
(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 411, to the maximum extent practicable.
(c) Treatment of Non-Federal Land.--
(1) In general.--Nothing in this subtitle--
(A) authorizes the Secretary to take any
action that would affect the use of any land
not owned by the United States within the
Recreation Area;
(B) affects the use of, or access to, any
non-Federal land within the Recreation Area;
(C) modifies any provision of Federal, State,
or local law with respect to public access to,
or use of, non-Federal land;
(D) requires any owner of non-Federal land to
allow public access (including Federal, State,
or local government access) to private property
or any other non-Federal land;
(E) alters any duly adopted land use
regulation, approved land use plan, or any
other regulatory authority of any State or
local agency or unit of Tribal government;
(F) creates any liability, or affects any
liability under any other law, of any private
property owner or other owner of non-Federal
land with respect to any person injured on the
private property or other non-Federal land;
(G) conveys to the Partnership any land use
or other regulatory authority;
(H) 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 subtitle.
(3) Buffer zones.--
(A) In general.--Nothing in this subtitle
establishes any protective perimeter or buffer
zone around the Recreation Area.
(B) Activities or uses up to boundaries.--The
fact that an activity or use of land can be
seen or heard from within the Recreation Area
shall not preclude the activity or land use up
to the boundary of the Recreation Area.
(4) Facilities.--Nothing in this subtitle affects the
operation, maintenance, modification, construction,
destruction, removal, relocation, improvement or
expansion of 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 Act, the Secretary and the
Advisory Council shall establish a comprehensive
management plan for the Recreation Area that supports
the purposes described in section 411.
(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 419(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 411, this
subtitle, and applicable laws (including regulations).
(e) Fish and Wildlife.--Nothing in this subtitle affects the
jurisdiction of the State with respect to fish or wildlife
located on public lands in the State.
SEC. 415. 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
subtitle authorizes the use of eminent domain to acquire land
or an interest in land.
(c) Treatment of Acquired Land.--Any land or interest in land
acquired by the United States within the boundaries of the
Recreation Area shall be--
(1) included in the Recreation Area; and
(2) administered by the Secretary in accordance
with--
(A) this subtitle; and
(B) other applicable laws (including
regulations).
SEC. 416. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC ROADS;
UTILITY FACILITIES.
(a) No Effect on Water Rights.--Nothing in this subtitle or
section 422--
(1) shall affect the use or allocation, as in
existence on the date of the enactment of this Act, of
any water, water right, or interest in water (including
potable, recycled, reclaimed, waste, imported,
exported, banked, or stored water, surface water,
groundwater, and public trust interest);
(2) shall affect any public or private contract in
existence on the date of the enactment of this Act for
the sale, lease, loan, or transfer of any water
(including potable, recycled, reclaimed, waste,
imported, exported, banked, or stored water, surface
water, and groundwater);
(3) 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 Act;
(4) authorizes or imposes any new reserved Federal
water right or expands water usage pursuant to any
existing Federal reserved, riparian or appropriative
right;
(5) 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 Act;
(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 subtitle or section 422
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 subtitle or section 422 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 subtitle or
section 422 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
subtitle or section 422 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
subtitle or section 422 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 subtitle or section 422--
(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. 417. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish an
advisory council, to be known as the ``San Gabriel National
Recreation Area Public Advisory Council''.
(b) Duties.--The Advisory Council shall advise the Secretary
regarding the development and implementation of 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. 418. 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 subtitle; 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) One designee of the Los Angeles County Board of
Supervisors.
(6) One designee of the Puente Hills Habitat
Preservation Authority.
(7) Four designees of the San Gabriel Council of
Governments, of whom one shall be selected from a local
land conservancy.
(8) One designee of the San Gabriel Valley Economic
Partnership.
(9) One designee of the Los Angeles County Flood
Control District.
(10) One designee of the San Gabriel Valley Water
Association.
(11) One designee of the Central Basin Water
Association.
(12) One designee of the Main San Gabriel Basin
Watermaster.
(13) One designee of a public utility company, to be
appointed by the Secretary.
(14) One designee of the Watershed Conservation
Authority.
(15) One designee of the Advisory Council for the
period during which the Advisory Council remains in
effect.
(16) One designee of San Gabriel Mountains National
Monument Community Collaborative.
(d) Duties.--To advance the purposes described in section
411, 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 419(a)(2), and facilitate the
implementation of that plan;
(3) assist units of local government, regional
planning organizations, and nonprofit organizations in
advancing the purposes of the Recreation Area by--
(A) carrying out programs and projects that
recognize, protect, and enhance important
resource values within the Recreation Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Recreation
Area;
(C) developing recreational and educational
opportunities in the Recreation Area in
accordance with the purposes of this subtitle;
(D) increasing public awareness of, and
appreciation for, natural, historic, scenic,
and cultural resources of the Recreation Area;
(E) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Recreation Area;
(F) promoting a wide range of partnerships
among governments, organizations, and
individuals to advance the purposes of the
Recreation Area; and
(G) ensuring that management of the
Recreation Area takes into consideration--
(i) local ordinances and land-use
plans; and
(ii) adjacent residents and property
owners;
(4) make recommendations to the Secretary regarding
the appointment of members to the Advisory Council; and
(5) carry out any other actions necessary to achieve
the purposes of this subtitle.
(e) Authorities.--Subject to approval by the Secretary, for
the purposes of preparing and implementing the management plan,
the Partnership may use Federal funds made available under this
section--
(1) to make grants to the State, political
subdivisions of the State, nonprofit organizations, and
other persons;
(2) to enter into cooperative agreements with, or
provide grants or technical assistance to, the State,
political subdivisions of the State, nonprofit
organizations, Federal agencies, and other interested
parties;
(3) to hire and compensate staff;
(4) to obtain funds or services from any source,
including funds and services provided under any other
Federal law or program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other
activities that--
(A) advance the purposes of the Recreation
Area; and
(B) are in accordance with the management
plan.
(f) Terms of Office; Reappointment; Vacancies.--
(1) Terms.--A member of the Partnership shall be
appointed for a term of 3 years.
(2) Reappointment.--A member may be reappointed to
serve on the Partnership on the expiration of the term
of service of the member.
(3) Vacancy.--A vacancy on the Partnership shall be
filled in the same manner in which the original
appointment was made.
(g) Quorum.--A quorum shall be 11 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
subtitle.
(2) Technical and financial assistance.--The
Secretary may provide to the Partnership or any member
of the Partnership, on a reimbursable or
nonreimbursable basis, such technical and financial
assistance as the Secretary determines to be
appropriate to carry out this subtitle.
(3) Cooperative agreements.--The Secretary may enter
into a cooperative agreement with the Partnership, a
member of the Partnership, or any other public or
private entity to provide technical, financial, or
other assistance to carry out this subtitle.
(4) Construction of facilities on non-federal land.--
(A) In general.--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 title 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. 419. 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 Act, the
Secretary shall develop and carry out an
integrated visitor services plan for the
Recreation Area in accordance with this
paragraph.
(B) Contents.--The visitor services plan
shall--
(i) assess current and anticipated
future visitation to the Recreation
Area, including recreation
destinations;
(ii) consider the demand for various
types of recreation (including hiking,
picnicking, horseback riding, and the
use of motorized and mechanized
vehicles), as permissible and
appropriate;
(iii) evaluate 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 411;
(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
subtitle.
(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 Act through the use of eminent
domain.
(d) Cooperative Agreements.--In carrying out this subtitle,
the Secretary may make grants to, or enter into cooperative
agreements with, units of State, Tribal, and local governments
and private entities to conduct research, develop scientific
analyses, and carry out any other initiative relating to the
management of, and visitation to, the Recreation Area.
Subtitle B--San Gabriel Mountains
SEC. 421. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(2) Wilderness area or addition.--The term
``wilderness area or addition'' means any wilderness
area or wilderness addition designated by section
423(a).
SEC. 422. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The San Gabriel Mountains National Monument
established by Presidential Proclamation 9194 (54 U.S.C. 320301
note) (referred to in this section as the ``Monument'') is
modified to include the approximately 109,167 acres of
additional National Forest System land depicted as the
``Proposed San Gabriel Mountains National Monument Expansion''
on the map entitled ``Proposed San Gabriel Mountains National
Monument Expansion'' and dated June 26, 2019.
(b) Administration.--The Secretary shall administer the San
Gabriel Mountains National Monument, including the lands added
by subsection (a), in accordance with--
(1) Presidential Proclamation 9194, as issued on
October 10, 2014 (54 U.S.C. 320301 note);
(2) the laws generally applicable to the Monument;
and
(3) this title.
(c) Management Plan.--Within 3 years after the date of
enactment of this Act, the Secretary shall consult with State
and local governments and the interested public to update the
existing San Gabriel Mountains National Monument Plan to
provide management direction and protection for the lands added
to the Monument by subsection (a).
SEC. 423. 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 Act, the Secretary shall
file a map and a legal description of the wilderness
areas and additions with--
(A) the Committee on Energy and Natural
Resources of the Senate; and
(B) the Committee on Natural Resources of the
House of Representatives.
(2) Force of law.--The map and legal description
filed under paragraph (1) shall have the same force and
effect as if included in this subtitle, except that the
Secretary may 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. 424. 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 Act.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures
in a wilderness area or addition designated in section
423 as are necessary for the control of fire, insects,
or diseases in accordance with--
(A) section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)); and
(B) House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle
limits funding for fire or fuels management in a
wilderness area or addition.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall amend, as
applicable, any local fire management plan that applies
to a wilderness area or addition designated in section
423.
(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 Act, establish agency
approval procedures (including appropriate
delegations of authority to the Forest
Supervisor, District Manager, or other agency
officials) for responding to fire emergencies;
and
(B) enter into agreements with appropriate
State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area
or addition, if established before the date of the enactment of
this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines contained in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this subtitle affects the jurisdiction or
responsibility of the State with respect to fish or
wildlife on public land in the State.
(2) Management activities.--
(A) In general.--In 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 423, 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 423 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 423 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 title precludes--
(1) low-level overflights of military aircraft over
the wilderness areas or wilderness additions designated
by section 423;
(2) the designation of new units of special airspace
over the wilderness areas or wilderness additions
designated by section 423; or
(3) the use or establishment of military flight
training routes over wilderness areas or wilderness
additions designated by section 423.
(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 423--
(1) in accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)); and
(2) subject to such terms and conditions as the
Secretary determines to be necessary.
(h) Law Enforcement.--Nothing in this subtitle precludes any
law enforcement or drug interdiction effort within the
wilderness areas or wilderness additions designated by section
423 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 423 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 423 of this title
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. 425. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--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:
``(__) 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. 426. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this title, and no
action to implement this title--
(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
San Gabriel Mountains National Monument, the land
designated as a wilderness area or wilderness addition
by section 423 or land adjacent to the wild and scenic
river segments designated by the amendment made by
section 425;
(2) shall affect, alter, modify, or condition any
water rights in the State in existence on the date of
the enactment of this Act, 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 Act with
respect to the San Gabriel Mountains National Monument,
wilderness areas and wilderness additions designated by section
423, and the wild and scenic rivers designated by amendment
made by section 425.
TITLE LXXV--RIM OF THE VALLEY CORRIDOR PRESERVATION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Rim of the Valley Corridor
Preservation Act''.
SEC. 502. 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.''.
TITLE LXXVI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Wild Olympics Wilderness and
Wild and Scenic Rivers Act''.
SEC. 602. 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 Act.
(2) Map and description.--
(A) In general.--As soon as practicable after
the date of enactment of this Act, the
Secretary shall file a map and a legal
description of the land designated as
wilderness by 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
title, 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. 603. 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) Restoration Activities.--Consistent with the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) (including any
regulations issued under that Act), the Secretary of
Agriculture or the Secretary of the Interior, as applicable,
may authorize an activity or project for a component of the
Wild and Scenic Rivers System designated under the amendments
made by subsection (a), the primary purpose of which is--
(1) river restoration;
(2) the recovery of a species listed as endangered or
threatened under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(3) restoring ecological and hydrological function.
(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 Act, the Secretary of Agriculture shall, with
respect to the designations made under subsection (a)
on lands under the jurisdiction of the Secretary,
incorporate such designations into updated management
plans for units of the National Forest System in
accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1)
shall be 5 years after the date of the enactment of
this Act 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 Act, includes in the
Department of Agriculture annual budget
submission to Congress a request for additional
sums as may be necessary to meet the
requirement of 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. 604. EXISTING RIGHTS AND WITHDRAWAL.
(a) Effect on Existing Rights.--
(1) Private parties.--In accordance with section
12(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1283(b)), nothing in this division or an amendment made
by this division affects or abrogates any existing
rights, privileges, or contracts held by a private
party.
(2) State land.--Nothing in this division or an
amendment made by this division modifies or directs the
management, acquisition, or disposition of land managed
by the Washington Department of Natural Resources.
(b) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the river segments
designated by this title and the amendment made by section
603(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. 605. TREATY RIGHTS.
Nothing in this title alters, modifies, diminishes, or
extinguishes the reserved treaty rights of any Indian tribe
with hunting, fishing, gathering, and cultural or religious
rights in the Olympic National Forest as protected by a treaty.
TITLE LXXVII--CERRO DE LA OLLA WILDERNESS ESTABLISHMENT
SEC. 701. DESIGNATION OF CERRO DE LA OLLA WILDERNESS.
(a) In General.--
(1) In general.--Section 1202 of the John D. Dingell,
Jr. Conservation, Management, and Recreation Act (16
U.S.C. 1132 note; Public Law 116-9; 133 Stat. 651) is
amended--
(A) in the section heading, by striking
``cerro del yuta and rio san antonio'' and
inserting ``rio grande del norte national
monument'';
(B) in subsection (a), by striking paragraph
(1) and inserting the following:
``(1) Map.--The term `map' means--
``(A) for purposes of subparagraphs (A) and
(B) of subsection (b)(1), the map entitled `Rio
Grande del Norte National Monument Proposed
Wilderness Areas' and dated July 28, 2015; and
``(B) for purposes of subsection (b)(1)(C),
the map entitled `Proposed Cerro de la Olla
Wilderness and Rio Grande del Norte National
Monument Boundary' and dated June 30th,
2022.''; and
(C) in subsection (b)--
(i) in paragraph (1), by adding at
the end the following:
``(C) Cerro de la olla wilderness.--Certain
Federal land administered by the Bureau of Land
Management in Taos County, New Mexico,
comprising approximately 12,898 acres as
generally depicted on the map, which shall be
known as the `Cerro de la Olla Wilderness'.'';
(ii) in paragraph (4), in the matter
preceding subparagraph (A), by striking
``this Act'' and inserting ``this Act
(including a reserve common grazing
allotment)'';
(iii) in paragraph (7)--
(I) by striking ``map and''
each place it appears and
inserting ``maps and''; and
(II) in subparagraph (B), by
striking ``the legal
description and map'' and
inserting ``the maps or legal
descriptions''; and
(iv) by adding at the end the
following:
``(12) Wildlife water development projects in cerro
de la olla wilderness.--
``(A) In general.--Subject to subparagraph
(B) and in accordance with section 4(c) of the
Wilderness Act (16 U.S.C. 1133(c)), the
Secretary may authorize the maintenance of any
structure or facility in existence on the date
of enactment of this paragraph for wildlife
water development projects (including guzzlers)
in the Cerro de la Olla Wilderness if, as
determined by the Secretary--
``(i) the structure or facility would
enhance wilderness values by promoting
healthy, viable, and more naturally
distributed wildlife populations; and
``(ii) the visual impacts of the
structure or facility on the Cerro de
la Olla Wilderness can reasonably be
minimized.
``(B) Cooperative agreement.--Not later than
1 year after the date of enactment of this
paragraph, the Secretary shall enter into a
cooperative agreement with the State of New
Mexico that specifies, subject to section 4(c)
of the Wilderness Act (16 U.S.C. 1133(c)), the
terms and conditions under which wildlife
management activities in the Cerro de la Olla
Wilderness may be carried out.''.
(2) Clerical amendment.--The table of contents for
the John D. Dingell, Jr. Conservation, Management, and
Recreation Act (Public Law 116-9; 133 Stat. 581) is
amended by striking the item relating to section 1202
and inserting the following:
``Sec. 1202. Rio Grande del Norte National Monument Wilderness Areas.''.
(b) Rio Grande Del Norte National Monument Boundary
Modification.--The boundary of the Rio Grande del Norte
National Monument in the State of New Mexico is modified, as
depicted on the map entitled ``Proposed Cerro de la Olla
Wilderness and Rio Grande del Norte National Monument
Boundary'' and dated June 30th, 2022.
TITLE LXXVIII--STUDY ON FLOOD RISK MITIGATION
SEC. 801. STUDY ON FLOOD RISK MITIGATION.
The Comptroller General shall conduct a study to determine
the contributions of wilderness designations under this
division to protections to flood risk mitigation in residential
areas.
TITLE LXXIX--MISCELLANEOUS
SEC. 901. PROMOTING HEALTH AND WELLNESS FOR VETERANS AND
SERVICEMEMBERS.
The Secretary of Interior and the Secretary of Agriculture
are encouraged to ensure servicemember and veteran access to
public lands designed by this division for the purposes of
outdoor recreation and to participate in outdoor-related
volunteer and wellness programs.
SEC. 902. FIRE, INSECTS, AND DISEASES.
Nothing in this division may be construed to limit the
authority of the Secretary of the Interior or the Secretary of
Agriculture under section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)), in accordance with existing laws (including
regulations).
SEC. 903. MILITARY ACTIVITIES.
Nothing in this division precludes--
(1) low-level overflights of military aircraft over
wilderness areas;
(2) the designation of new units of special airspace
over wilderness areas; or
(3) the establishment of military flight training
routes over wilderness areas.
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457. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
At the end of title LV of division E, add the following:
SEC. 5505. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.
(a) Completion of Trail.--
(1) In general.--Not later than November 10, 2028,
the Secretary and the Secretary of the Interior shall,
to the maximum extent practicable, ensure the
completion of the Continental Divide National Scenic
Trail as a contiguous route, consistent with the
following provisions of the National Trails System Act:
(A) Section 3(a)(2) (16 U.S.C. 1242(a)(2)).
(B) Section 5(a)(5) (16 U.S.C. 1244(a)(5)).
(C) Section 7 (16 U.S.C. 1246).
(2) Priority of actions.--The Secretary and the
Secretary of the Interior shall, to the maximum extent
practicable, take necessary actions to achieve this
goal, including the following steps, listed in order of
priority:
(A) Complete the Continental Divide National
Scenic Trail by acquiring land or an interest
in land, or by encouraging States or local
governments to enter into cooperative
agreements to acquire interests in land, to
eliminate gaps between sections of the Trail
while maintaining the nature and purposes of
the Trail.
(B) Optimize the Trail by relocating
incompatible existing portions of the Trail on
Federal land as necessary to provide for
maximum outdoor recreation potential and for
the conservation and enjoyment of the
nationally significant scenic, historic,
natural, or cultural qualities of the areas
through which the Trail passes, consistent with
the Trail's nature and purposes.
(C) Publish maps of the completed Trail
corridor.
(b) Trail Completion Team.--
(1) In general.--In carrying out subsection (a), not
later than 1 year after the date of the enactment of
this section, the Secretary, in coordination with the
Secretary of the Interior, shall establish a joint
Forest Service and Bureau of Land Management trail
completion team to work in coordination with the Trail
Administrator to facilitate the completion and
optimization of the Trail, pursuant to the purposes of
section 3(a)(2) of the National Trails System Act (16
U.S.C. 1242(a)(2)) and the Trail's nature and purposes.
(2) Duties of the team.--The Team shall:
(A) Implement land and right-of-way
acquisitions, relocations, and trail
construction consistent with any Optimal
Location Review for the trail, giving priority
to land that--
(i) eliminates gaps between segments
of the Trail;
(ii) may be acquired by the Secretary
or the Secretary of the Interior by
purchase from a willing seller,
donation, exchange, or by cooperative
agreement;
(iii) is best suited for inclusion in
the Trail corridor in accordance with
the purposes, policies, and provisions
of the National Trails System Act (16
U.S.C. 1241 et seq.); and
(iv) has been identified as a segment
of the Trail on Federal land that
should be relocated to provide for
maximum outdoor recreation potential
and the conservation and enjoyment of
the nationally significant scenic,
historic, natural, or cultural
qualities of the areas through which
the Trail passes.
(B) Provide the necessary administrative and
technical support to complete the Trail
corridor under subsection (a).
(C) As appropriate, consult with other
Federal agencies, Governors of affected States,
Indian Tribes, Land Grants-Mercedes, Acequias,
relevant landowners or land users of an acequia
or land grant-merced, the Continental Divide
Trail Coalition, and other volunteer and
nonprofit organizations that assist in, or
whose members may be affected by, the
development, maintenance, and management of the
Trail.
(D) Support the Secretary in the development
of the acquisition and development plan under
subsection (c) and annual reports under
subsection (f).
(c) Comprehensive Acquisition and Development Plan.--
(1) In general.--Not later than 2 years after the
establishment of the Team under subsection (b), the
Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate
a comprehensive acquisition and development plan for
the Trail.
(2) Contents of plan.--The comprehensive acquisition
and development plan should--
(A) identify any gaps in the Trail where the
Secretary and the Secretary of the Interior
have not been able to acquire land or interests
in land by purchase from a willing seller, by
donation, by exchange, or by cooperative
agreement;
(B) include a plan for closing such gaps by
acquiring lands or interests in land; and
(C) include general and site-specific
development plans, including anticipated costs.
(d) Method of Acquisition.--In carrying out this section, the
Secretary and the Secretary of the Interior--
(1) may acquire land only by purchase from a willing
seller with donated or appropriated funds, by donation,
or by exchange; and
(2) may not acquire land by eminent domain.
(e) Maintaining Existing Partnerships.--In carrying out this
section, the Secretary, the Secretary of the Interior, and the
Team shall continue to maintain and develop working
relationships with volunteer and nonprofit organizations that
assist in the development, maintenance, and management of the
Trail.
(f) Reports.--Not later than September 30, 2024, and at the
close of each fiscal year until the acquisition and development
plan is fully implemented, the Secretary shall report on the
following, in writing, to the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate:
(1) The progress in acquiring land or interests in
land to complete the Trail consistent with this
section.
(2) The amount of land or interests in land acquired
during the fiscal year and the amount expended for such
land or interests in land.
(3) The amount of land or interests in land planned
for acquisition in the ensuing fiscal year and the
estimated cost of such land or interests in land.
(4) The estimated amount of land or interests in land
remaining to be acquired.
(5) The amount of existing Trail miles on Federal
lands that need to be relocated to provide for maximum
outdoor recreation potential and for conservation and
enjoyment of the nationally significant scenic,
historic, natural, or cultural qualities of the areas
through which the Trail passes.
(g) Definitions.--In this section:
(1) Acequia.--The term ``acequia'' has the meaning of
the term ``community ditch'' as such term is defined
under section 73-2-27 of the New Mexico Statutes.
(2) Land grant-merced.--The term ``land grant-
merced'' means a community land grant issued under the
laws or customs of the Government of Spain or Mexico
that is recognized under chapter 49 of the New Mexico
Statutes (or a successor statute).
(3) Optimal location review.--The term ``Optimal
Location Review'' means the procedures described in the
Continental Divide National Scenic Trail Optimal
Location Review Guide, dated November 2017.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
(5) Team.--The term ``Team'' means the trail
completion team established under subsection (b).
(6) Trail.--The term ``Trail'' means the Continental
Divide National Scenic Trail established by section 5
of the National Trails System Act (16 U.S.C. 1244).
----------
458. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
At the end of title LV of division E, insert the following:
SEC. 5505. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA.
Section 6001(a)(4)(A) of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act (Public Law 116-9)
is amended by adding at the end the following: ``In addition,
the Sacramento-San Joaquin Delta National Heritage Area shall
include the area depicted as `Rio Vista/Expansion Area' on the
map entitled `Sacramento-San Joaquin Delta National Heritage
Area Proposed Boundary Expansion' and dated February 2021.''.
----------
459. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 54__. GRANT PROGRAM FOR GRANDFAMILY HOUSING.
(a) In General.--Title II of the LEGACY Act of 2003 (12
U.S.C. 1790q note) is amended by adding at the end the
following:
``SEC. 206. GRANT PROGRAM.
``(a) In General.--The Secretary shall, not later than 180
days after the date of the enactment of this section, establish
a program to provide grants to owners of intergenerational
dwelling units.
``(b) Application.--To be eligible to receive a grant under
this section, an owner of an intergenerational dwelling unit
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may reasonably require.
``(c) Use of Grant Amounts.--An owner of an intergenerational
dwelling unit that receives a grant under this section shall
use amounts provided to cover costs associated with--
``(1) employing a service coordinator to--
``(A) offer onsite services to
intergenerational families, including tutoring,
health care services, afterschool care, and
activities that are age appropriate for
children of various ages of development; and
``(B) coordinate with any local kinship
navigator program (as described in section
474(a)(7) of the Social Security Act (42 U.S.C.
674(a)(7));
``(2) facilitating outreach to intergenerational
families as described in subsection (d);
``(3) planning and offering services to
intergenerational families; and
``(4) retrofitting and maintaining existing spaces
within the property that contains the intergenerational
dwelling unit for the services and programs provided to
intergenerational families.
``(d) Outreach.--
``(1) In general.--An owner of an intergenerational
dwelling unit that receives a grant under this section
shall engage with intergenerational families in the
community surrounding the property that contains the
grandfamily housing owned by the grant recipient by--
``(A) performing periodic informational
outreach; and
``(B) planning and executing events for
intergenerational families.
``(2) Coordination.--Outreach under this subsection
shall, where possible, be in coordination with a local
kinship navigator program (as described in section
474(a)(7) of the Social Security Act (42 U.S.C.
674(a)(7)) or a comparable program or entity in the
State in which the intergenerational dwelling unit is
located.
``(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary to carry out this section
$50,000,000 for each of fiscal years 2023 and 2024.
``(f) Nondiscrimination.--The program established under this
section shall be implemented by the Secretary in a manner that
is consistent with the Fair Housing Act.''.
(b) VAWA Protections.--Section 41411(a)(3) of the Violence
Against Women Act of 1994 (34 U.S.C. 12491(a)(3)) is amended--
(1) by redesignating subparagraphs (O) and (P) as
subparagraphs (P) and (Q), respectively; and
(2) by inserting after paragraph (N) the following:
``(O) the program established under the
Grandfamily Housing Act of 2022;''.
(c) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary of Housing and Urban
Development shall submit to the Congress a report that--
(1) describes the effectiveness of the grant program
established under section 206 of the LEGACY Act of
2003, as added by subsection (a); and
(2) makes recommendations for legislative changes
that could allow for the grant program to be more
effective.
----------
460. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, insert the
following:
SEC. ___. WASTEWATER ASSISTANCE TO COLONIAS.
Section 307 of the Safe Drinking Water Act Amendments of 1996
(33 U.S.C. 1281 note) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the
following:
``(2) Covered entity.--The term `covered entity'
means each of the following:
``(A) A border State.
``(B) A local government with jurisdiction
over an eligible community.'';
(2) in subsection (b), by striking ``border State''
and inserting ``covered entity'';
(3) in subsection (d), by striking ``shall not exceed
50 percent'' and inserting ``may not be less than 80
percent''; and
(4) in subsection (e)--
(A) by striking ``$25,000,000'' and inserting
``$100,000,000''; and
(B) by striking ``1997 through 1999'' and
inserting ``2023 through 2027''.
----------
461. An Amendment To Be Offered by Representative Evans of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, insert the
following:
SEC. __. DELAWARE RIVER BASIN CONSERVATION REAUTHORIZATION.
(a) Cost Sharing.--Section 3504(c)(1) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322; 130 Stat. 1775) is amended--
(1) by striking ``The Federal share'' and inserting
the following:
``(A) In general.--Except as provided in
subparagraph (B), the Federal share''; and
(2) by adding at the end the following:
``(B) Small, rural, and disadvantaged
communities.--
``(i) In general.--Subject to clause
(ii), the Federal share of the cost of
a project funded under the grant
program that serves a small, rural, or
disadvantaged community shall be 90
percent of the total cost of the
project, as determined by the
Secretary.
``(ii) Waiver.--The Secretary may
increase the Federal share under clause
(i) to 100 percent of the total cost of
the project if the Secretary determines
that the grant recipient is unable to
pay, or would experience significant
financial hardship if required to pay,
the non-Federal share.''.
(b) Repeal of Prohibition on Use of Funds for Federal
Acquisition of Interests in Land.--Section 3506 of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322; 130 Stat. 1775) is repealed.
(c) Sunset.--Section 3507 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322; 130 Stat.
1775) is amended by striking ``2023'' and inserting ``2030''.
----------
462. An Amendment To Be Offered by Representative Clark of
Massachusetts or Her Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. 58__. CONTRACTS BY THE PRESIDENT, THE VICE PRESIDENT, OR A CABINET
MEMBER.
(a) Amendment.--Section 431 of title 18, United States Code,
is amended--
(1) in the section heading, by inserting ``the
President, the Vice President, a Cabinet Member, or a''
after ``Contracts by''; and
(2) in the first undesignated paragraph, by inserting
``the President, the Vice President, or any member of
the Cabinet,'' after ``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for
chapter 23 of title 18, United States Code, is amended by
striking the item relating to section 431 and inserting the
following:
``431. Contracts by the President, the Vice President, a Cabinet Member,
or a Member of Congress.''.
----------
463. An Amendment To Be Offered by Representative Tonko of New York or
His Designee, Debatable for 10 Minutes
Add at the end of title LV the following:
SEC. 5505. NEW YORK-NEW JERSEY WATERSHED PROTECTION.
(a) Program Establishment.--
(1) Establishment.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall
establish a nonregulatory program to be known as the
``New York-New Jersey Watershed Restoration Program''.
(2) Duties.--In carrying out the program, the
Secretary shall--
(A) draw on existing and new approved plans
for the Watershed, or portions of the
Watershed, and work in consultation with
applicable management entities, including
representatives of the New York-New Jersey
Harbor and Estuary Program (HEP), Hudson River
Estuary Program, Mohawk River Basin Program,
Sustainable Raritan River Initiative, the
Federal Government, and other State and local
governments, and regional and nonprofit
organizations, as appropriate, to identify,
prioritize, and implement restoration and
protection activities within the Watershed; and
(B) adopt a Watershed-wide strategy that--
(i) supports the implementation of a
shared set of science-based restoration
and protection activities developed in
accordance with subparagraph (A);
(ii) targets cost-effective projects
with measurable results;
(iii) maximizes conservation
outcomes;
(iv) prioritizes the needs of
communities lacking in environmental
justice; and
(v) establishes the voluntary grant
and technical assistance programs
authorized in this section.
(3) Consultation.--In establishing the program, the
Secretary shall, as appropriate--
(A) consult with--
(i) the heads of Federal agencies,
including--
(I) the Administrator of the
Environmental Protection
Agency;
(II) the Administrator of the
National Oceanic and
Atmospheric Administration;
(III) the Secretary of
Agriculture; and
(IV) the Director of the
National Park Service; and
(ii) Indian Tribes; and
(B) coordinate with --
(i) the Governors of New York and New
Jersey and the Commissioner of the New
York State Department of Environmental
Conservation and the Director of the
New Jersey Division of Fish and
Wildlife;
(ii) the New York-New Jersey Harbor &
Estuary Program; and
(iii) other public agencies and
organizations with authority for the
planning and implementation of
conservation strategies in the
Watershed.
(4) Purposes.--The purposes of the program include--
(A) coordinating restoration and protection
activities among Federal, State, local, and
regional entities and conservation partners
throughout the Watershed;
(B) carrying out coordinated restoration and
protection activities, and providing for
technical assistance throughout the Watershed--
(i) to sustain and enhance fish and
wildlife habitat restoration and
protection activities;
(ii) to improve and maintain water
quality to support fish, wildlife, and
their habitat, as well as to improve
opportunities for public access and
recreation in the Watershed consistent
with the ecological needs of fish and
wildlife habitat;
(iii) to advance the use of natural
and nature-based features, living
shoreline, and other green
infrastructure techniques to maximize
the resilience of communities, natural
systems, and habitats under changing
sea levels, storm risks, and watershed
conditions;
(iv) to engage the public,
communities experiencing environmental
injustice, through outreach, education,
and community involvement to increase
capacity and support for coordinated
restoration and protection activities
in the Watershed;
(v) to increase scientific capacity
to support the planning, monitoring,
and research activities necessary to
carry out coordinated restoration and
protection activities;
(vi) to provide for feasibility and
planning studies for green
infrastructure projects that achieve
habitat restoration and stormwater
management goals;
(vii) to support land conservation
and management activities necessary to
fulfill the Watershed-wide strategy
adopted under subsection (a)(2)(B);
(viii) to provide technical
assistance to carry out restoration and
protection activities in the Watershed;
(ix) to monitor environmental quality
to assess progress toward the goals of
this section; and
(x) to improve fish and wildlife
habitats, as well as opportunities for
personal recreation, along rivers and
shore fronts within communities lacking
in environmental justice; and
(C) other activities necessary for the
implementation of approved plans.
(b) New York-New Jersey Watershed Restoration Grant
Program.--
(1) Establishment.--The Secretary shall establish a
voluntary grant and technical assistance program, to be
known as the ``New York-New Jersey Watershed
Restoration Grant Program'', to provide competitive
matching grants of varying amounts to State and local
governments, nonprofit organizations, institutions of
higher education, and other eligible entities to carry
out activities described in subsection (a)(4).
(2) Criteria.--The Secretary, in consultation with
the agencies, organizations, and other persons referred
to in section 404(c), shall develop criteria for the
grant program to help ensure that activities funded
under this section accomplish one or more of the
purposes identified in subsection (a)(4) and advance
the implementation of priority actions or needs
identified in the Watershed-wide strategy adopted under
subsection (a)(2)(B).
(3) Capacity building.--The Secretary shall include
grant program provisions designed to increase the
effectiveness of organizations that work at the nexus
of natural resource and community health issues within
the New York-New Jersey Watershed by addressing
organizational capacity needs.
(4) Cost sharing.--
(A) Department of the interior share.--The
Department of the Interior share of the cost of
a project funded under the grant program shall
not exceed 50 percent of the total cost of the
activity, as determined by the Secretary.
(B) Non-department of the interior share.--
The non-Department of the Interior share of the
cost of a project funded under the grant
program may be provided in cash or in the form
of an in-kind contribution of services or
materials.
(c) Administration.--
(1) In general.--The Secretary may enter into an
agreement to manage the grant program with the National
Fish and Wildlife Foundation or a similar organization
that offers grant management services.
(2) Funding.--If the Secretary enters into an
agreement under paragraph (A), the organization
selected shall--
(A) for each fiscal year, receive amounts
made available to carry out this section in an
advance payment of the entire amounts on
October 1 of that fiscal year, or as soon as
practicable thereafter;
(B) invest and reinvest those amounts for the
benefit of the grant program; and
(C) otherwise administer the grant program to
support partnerships between the public and
private sectors in accordance with this
section.
(3) Requirements.--If the Secretary enters into an
agreement with the Foundation under subparagraph (A),
any amounts received by the Foundation under this
section shall be subject to the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701
et seq.), excluding section 10(a) of that Act (16
U.S.C. 3709(a)).
(d) Annual Reports.--Not later than 180 days after the date
of enactment of this Act and annually thereafter, the Secretary
shall submit to the Congress a report on the implementation of
this section, including a description of each project that has
received funding under this section in the preceding fiscal
year.
(e) Prohibition on Federal Land Holdings.--The Federal
Government may not maintain ownership of any land acquired
under this section except for the purpose of promptly
transferring ownership to a State or local entity.
(f) Sunset.--This section shall have no force or effect after
September 30, 2030.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Secretary to carry out this section
$20,000,000 for each of fiscal years 2023 through 2028,
of which not more than 3 percent shall be used for
administrative costs to carry out this section.
(2) Use for grant program.--Of any amount made
available under this section for each fiscal year, the
Secretary shall use at least 75 percent to carry out
the grant program under subsection (b) and to provide,
or provide for, technical assistance under such
program.
(h) Definitions.--In this section:
(1) Approved plans.--The term ``approved plan''--
(A) means any plan for management of the New
York-New Jersey Watershed--
(i) that has been approved by a
Federal, regional, State, or local
governmental entity, including State
Wildlife Action Plans, Comprehensive
Conservation Management Plans,
Watershed Improvement Plans; or
(ii) that is determined by the
Director, in consultation with such
entities, to contribute to the
achievement of the purposes of this
section; and
(B) includes the New York-New Jersey Harbor &
Estuary Program (HEP) Action Agenda, the Hudson
Raritan Comprehensive Restoration Plan, the
Hudson River Comprehensive Restoration Plan,
the Hudson River Estuary Program Action Agenda,
the Hudson River Park Trust Estuarine Sanctuary
Management Plan, the Mohawk River Action
Agenda, the Sustainable Raritan River
Initiative Action Plan, the Lower Passaic and
Bronx & Harlem Federal Urban Waters Partnership
Workplans, the New Jersey Sports and Exhibition
Authority Meadowlands Restoration Plan, as well
as other critical conservation projects in the
region that achieve the purposes of this
section.
(2) Director.--The term ``Director'' means the
Director of the United States Fish and Wildlife
Service.
(3) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful
involvement of all people regardless of race, color,
national origin, or income, with respect to the
development, implementation, and enforcement of
environmental laws, regulations, and policies.
(4) Foundation.--The term ``Foundation'' means the
National Fish and Wildlife Foundation.
(5) Grant program.--The term ``grant program'' means
the voluntary New York-New Jersey Watershed Restoration
Grant Program established under section 405.
(6) Program.--The term ``program'' means the New
York-New Jersey Watershed Restoration Program
established under section 404.
(7) Restoration and protection.--The term
``restoration and protection'' means the conservation,
stewardship, and enhancement of habitat for fish and
wildlife and water quality to preserve and improve
ecosystems and ecological processes on which they
depend and for use and enjoyment by the public.
(8) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director.
(9) Service.--The term ``Service'' means the United
States Fish and Wildlife Service.
(10) Watershed.--The term ``Watershed'' means the New
York-New Jersey Watershed, which is comprised of all
land area whose surface water drains into New York-New
Jersey Harbor, the waters contained within that land
area, and the estuaries associated with those
watersheds.
----------
464. An Amendment To Be Offered by Representative Higgins of New York
or His Designee, Debatable for 10 Minutes
At the end of title LV of division E, add the following:
SECTION 5505. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL MARITIME
HERITAGE GRANT PROGRAM.
Section 308703 of title 54, United States Code, is amended--
(1) in subsection (b)(1), by inserting ``subsection
(k) and'' after ``amounts for that purpose under'';
(2) in subsection (c)(1), by inserting ``subsection
(k) and'' after ``amounts for that purpose under''; and
(3) by adding at the end the following:
``(k) Authorization of Appropriations.--There are hereby
authorized to be appropriated to the Secretary $10,000,000 for
each of fiscal years 2023 and 2024 to carry out this
section.''.
----------
465. An Amendment To Be Offered by Representative DeFazio of Oregon or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
DIVISION F--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Don
Young Coast Guard Authorization Act of 2022''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION F--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Shoreside infrastructure and facilities.
Sec. 104. Availability of amounts for acquisition of additional cutters.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 201. Authorized strength.
Sec. 202. Continuation of officers with certain critical skills on
active duty.
Sec. 203. Number and distribution of officers on active duty promotion
list.
Sec. 204. Coast Guard behavioral health policy.
Sec. 205. Improving representation of women and of racial and ethnic
minorities among Coast Guard active-duty members.
Subtitle B--Operational Matters
Sec. 206. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 207. Unmanned systems strategy.
Sec. 208. Budgeting of Coast Guard relating to certain operations.
Sec. 209. Report on San Diego maritime domain awareness.
Sec. 210. Great Lakes winter shipping.
Sec. 211. Center of expertise for Great Lakes oil spill search and
response.
Sec. 212. Study on laydown of Coast Guard cutters.
Subtitle C--Other Matters
Sec. 213. Responses of Commandant of the Coast Guard to safety
recommendations.
Sec. 214. Conveyance of Coast Guard vessels for public purposes.
Sec. 215. Acquisition life-cycle cost estimates.
Sec. 216. National Coast Guard Museum funding plan.
Sec. 217. Report on Coast Guard explosive ordnance disposal.
Sec. 218. Pribilof Island transition completion actions.
Sec. 219. Notification of communication outages.
TITLE III--MARITIME
Subtitle A--Shipping
Sec. 301. Nonoperating individual.
Sec. 302. Oceanographic research vessels.
Sec. 303. Atlantic Coast port access routes briefing.
Subtitle B--Vessel Safety
Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type amphibious passenger vessels.
Sec. 306. Exoneration and limitation of liability for small passengers
vessels.
Sec. 307. Automatic identification system requirements.
Subtitle C--Shipbuilding Program
Sec. 308. Qualified vessel.
Sec. 309. Establishing a capital construction fund.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Terms and vacancies.
TITLE V--MISCELLANEOUS
Subtitle A--Navigation
Sec. 501. Restriction on changing salvors.
Sec. 502. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 503. Aquatic Nuisance Species Task Force.
Sec. 504. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Subtitle B--Other Matters
Sec. 505. Information on type approval certificates.
Sec. 506. Passenger vessel security and safety requirements.
Sec. 507. Cargo waiting time reduction.
Sec. 508. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 509. Port Coordination Council for Point Spencer.
Sec. 510. Western Alaska oil spill planning criteria.
Sec. 511. Nonapplicability.
Sec. 512. Report on enforcement of coastwise laws.
Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 514. Center of Expertise for Marine Environmental Response.
Sec. 515. Prohibition on entry and operation.
Sec. 516. St. Lucie River railroad bridge.
Sec. 517. Assistance related to marine mammals.
Sec. 518. Manning and crewing requirements for certain vessels,
vehicles, and structures.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 601. Definitions.
Sec. 602. Convicted sex offender as grounds for denial.
Sec. 603. Sexual harassment or sexual assault as grounds for suspension
or revocation.
Sec. 604. Accommodation; notices.
Sec. 605. Protection against discrimination.
Sec. 606. Alcohol prohibition.
Sec. 607. Surveillance requirements.
Sec. 608. Master key control.
Sec. 609. Safety management systems.
Sec. 610. Requirement to report sexual assault and harassment.
Sec. 611. Civil actions for personal injury or death of seamen.
Sec. 612. Administration of sexual assault forensic examination kits.
TITLE VII--TECHNICAL AND CONFORMING PROVISIONS
Sec. 701. Technical corrections.
Sec. 702. Transportation worker identification credential technical
amendments.
Sec. 703. Reinstatement.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``years 2020 and 2021'' and inserting ``years 2022 and
2023'';
(2) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``$8,151,620,850 for
fiscal year 2020'' and inserting
``$9,282,360,000 for fiscal year
2022''; and
(ii) by striking ``$8,396,169,475 for
fiscal year 2021'' and inserting
``$10,210,596,000 for fiscal year
2023'';
(B) in subparagraph (B) by striking
``$17,035,000'' and inserting ``$17,723,520'';
and
(C) in subparagraph (C) by striking
``$17,376,000'' and inserting ``$18,077,990'';
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``$2,794,745,000 for
fiscal year 2020'' and inserting
``$3,312,114,000 for fiscal year
2022''; and
(ii) by striking ``$3,312,114,000 for
fiscal year 2021'' and inserting
``$3,477,600,000 for fiscal year
2023''; and
(B) in subparagraph (B)--
(i) by striking ``$10,000,000 for
fiscal year 2020'' and inserting
``$20,400,000 for fiscal year 2022'';
and
(ii) by striking ``$20,000,000 for
fiscal year 2021'' and inserting
``$20,808,000 for fiscal year 2023'';
(4) in paragraph (3)--
(A) by striking ``$13,834,000 for fiscal year
2020'' and inserting ``$14,393,220 for fiscal
year 2022''; and
(B) by striking ``$14,111,000 for fiscal year
2021'' and inserting ``$14,681,084 for fiscal
year 2023''; and
(5) in paragraph (4)--
(A) by striking ``$205,107,000 for fiscal
year 2020'' and inserting ``$213,393,180 for
fiscal year 2022''; and
(B) by striking ``$209,209,000 for fiscal
year 2021'' and inserting ``$217,661,044 for
fiscal year 2023''.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``fiscal years 2020
and 2021'' and inserting ``fiscal years 2022 and
2023''; and
(2) in subsection (b) by striking ``fiscal years 2020
and 2021'' and inserting ``fiscal years 2022 and
2023''.
SEC. 103. SHORESIDE INFRASTRUCTURE AND FACILITIES.
(a) In General.--Of the amounts authorized to be appropriated
under section 4902(2)(A) of title 14, United States Code, for
each of fiscal years 2022 and 2023, up to $585,000,000 shall be
authorized for the Secretary of the department in which the
Coast Guard is operating to fund the acquisition, construction,
rebuilding, or improvement of Coast Guard shoreside
infrastructure and facilities necessary to support Coast Guard
operations and readiness.
(b) Baltimore Coast Guard Yard.--Of the amounts set aside
under subsection (a), up to $175,000,000 shall be authorized to
improve facilities at the Coast Guard Yard in Baltimore,
Maryland, including improvements to piers and wharves, dry
dock, capital equipment utilities, or dredging necessary to
facilitate access to such Yard.
(c) Training Center Cape May.--Of the amounts set aside under
subsection (a), up to $60,000,000 shall be authorized to fund
Phase I, in fiscal year 2022, and Phase II, in fiscal year
2023, for the recapitalization of the barracks at the United
States Coast Guard Training Center Cape May in Cape May, New
Jersey.
(d) Mitigation of Hazard Risks.--In carrying out projects
with funds authorized under this section, the Coast Guard shall
mitigate, to the greatest extent practicable, natural hazard
risks identified in any Shore Infrastructure Vulnerability
Assessment for Phase I related to such projects.
(e) Fort Wadsworth, New York.--Of the amounts set aside under
subsection (a), up to $1,200,000 shall be authorized to fund a
construction project to--
(1) complete repairs to the United States Coast Guard
Station, New York, waterfront, including repairs to the
concrete pier; and
(2) replace floating piers Alpha and Bravo, the South
Breakwater and Ice Screen, the North Breakwater and Ice
Screen, and the seawall.
SEC. 104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL
CUTTERS.
(a) In General.--Of the amounts authorized to be appropriated
under--
(1) section 4902(2)(A)(i) of title 14, United States
Code, as amended by section 101 of this title, for
fiscal year 2022;
(A) $300,000,000 shall be authorized for the
acquisition of a twelfth National Security
Cutter; and
(B) $210,000,000 shall be authorized for the
acquisition of 3 Fast Response Cutters; and
(2) section 4902(2)(A)(ii) of title 14, United States
Code, as amended by section 101 of this title, for
fiscal year 2023;
(A) $300,000,000 shall be authorized for the
acquisition of a twelfth National Security
Cutter; and
(B) $210,000,000 shall be authorized for the
acquisition of 3 Fast Response Cutters.
(b) Treatment of Acquired Cutter.--Any cutter acquired using
amounts authorized under subsection (a) shall be in addition to
the National Security Cutters and Fast Response Cutters
approved under the existing acquisition baseline in the program
of record for the National Security Cutter and Fast Response
Cutter.
(c) Great Lakes Icebreaker Acquisition.--Of the amounts
authorized to be appropriated under section 4902(2)(A)(ii) of
title 14, United States Code--
(1) for fiscal year 2022, $350,000,000 shall be
authorized for the acquisition of a Great Lakes
icebreaker at least as capable as Coast Guard Cutter
Mackinaw (WLBB-30); and
(2) for fiscal year 2023, $20,000,000 shall be
authorized for the design and selection of icebreaking
cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic, as
appropriate, that are at least as capable as the Coast
Guard 140-foot icebreaking tugs.
(d) Drug and Migrant Interdiction.--Of the Fast Response
Cutters authorized for acquisition under subsection (a), at
least 1 shall be used for drug and migrant interdiction in the
Caribbean Basin (including the Gulf of Mexico).
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
SEC. 201. AUTHORIZED STRENGTH.
Section 3702 of title 14, United States Code, is amended by
adding at the end the following:
``(c) The Secretary may vary the authorized end strength of
the Coast Guard Selected Reserves for a fiscal year by a number
equal to not more than 3 percent of such end strength upon a
determination by the Secretary that varying such authorized end
strength is in the national interest.
``(d) The Commandant may increase the authorized end strength
of the Coast Guard Selected Reserves by a number equal to not
more than 2 percent of such authorized end strength upon a
determination by the Commandant that such increase would
enhance manning and readiness in essential units or in critical
specialties or ratings.''.
SEC. 202. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL SKILLS ON
ACTIVE DUTY.
(a) In General.--Chapter 21 of title 14, United States Code,
is amended by inserting after section 2165 the following:
``Sec. 2166. Continuation on active duty; Coast Guard officers with
certain critical skills
``(a) In General.--The Commandant may authorize an officer in
a grade above grade O-2 to remain on active duty after the date
otherwise provided for the retirement of such officer in
section 2154 of this title, if the officer possesses a critical
skill, or specialty, or is in a career field designated
pursuant to subsection (b).
``(b) Critical Skills, Specialty, or Career Field.--The
Commandant shall designate any critical skill, specialty, or
career field eligible for continuation on active duty as
provided in subsection (a).
``(c) Duration of Continuation.--An officer continued on
active duty pursuant to this section shall, if not earlier
retired, be retired on the first day of the month after the
month in which the officer completes 40 years of active
service.
``(d) Policy.--The Commandant shall carry out this section by
prescribing policy which shall specify the criteria to be used
in designating any critical skill, specialty, or career field
for purposes of subsection (b).''.
(b) Clerical Amendment.--The analysis for chapter 21 of title
14, United States Code, is amended by inserting after the item
relating to section 2165 the following:
``2166. Continuation on active duty; Coast Guard officers with certain
critical skills.''.
SEC. 203. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY PROMOTION
LIST.
(a) Maximum Number of Officers.--Section 2103(a) of title 14,
United States Code, is amended to read as follows:
``(a) Maximum Total Number.--
``(1) In general.--The total number of Coast Guard
commissioned officers on the active duty promotion
list, excluding warrant officers, shall not exceed--
``(A) 7,100 in fiscal year 2022;
``(B) 7,200 in fiscal year 2023;
``(C) 7,300 in fiscal year 2024; and
``(D) 7,400 in fiscal year 2025 and each
subsequent fiscal year.
``(2) Temporary increase.--Notwithstanding paragraph
(1), the Commandant may temporarily increase the total
number of commissioned officers permitted under such
paragraph by up to 2 percent for no more than 60 days
following the date of the commissioning of a Coast
Guard Academy class.
``(3) Notification.--Not later than 30 days after
exceeding the total number of commissioned officers
permitted under paragraph (1), and each 30 days
thereafter until the total number of commissioned
officers no longer exceeds the number of such officers
permitted under paragraph (1), the Commandant shall
notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate of the number of officers on the active duty
promotion list on the last day of the preceding 30-day
period.''.
(b) Officers Not on Active Duty Promotion List.--
(1) In general.--Chapter 51 of title 14, United
States Code, is amended by adding at the end the
following:
``Sec. 5113. Officers not on active duty promotion list
``Not later than 60 days after the date on which the
President submits to Congress a budget pursuant to section 1105
of title 31, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the number of Coast Guard officers
serving at other Federal entities on a reimbursable basis but
not on the active duty promotion list.''.
(2) Clerical amendment.--The analysis for chapter 51
of title 14, United States Code, is amended by adding
at the end the following:
``5113. Officers not on active duty promotion list.''.
SEC. 204. COAST GUARD BEHAVIORAL HEALTH POLICY.
(a) Interim Behavioral Health Policy.--Not later than 60 days
after the date of enactment of this Act, the Commandant of the
Coast Guard shall establish an interim behavioral health policy
for members of the Coast Guard equivalent to the policy
described in section 5.28 (relating to behavioral health) of
Department of Defense Instruction 6130.03, volume 2, ``Medical
Standards for Military Service: Retention''.
(b) Termination.--The interim policy established under
subsection (a) shall remain in effect until the date on which
the Commandant issues a permanent behavior health policy for
members of the Coast Guard which is, to the extent practicable,
equivalent to such section 5.28.
SEC. 205. IMPROVING REPRESENTATION OF WOMEN AND OF RACIAL AND ETHNIC
MINORITIES AMONG COAST GUARD ACTIVE-DUTY MEMBERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant of the Coast Guard
shall--
(1) determine which recommendations in the RAND
representation report can practicably be implemented to
promote improved representation in the Coast Guard of--
(A) women; and
(B) racial and ethnic minorities; and
(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on the actions the Commandant has
taken, or plans to take, to implement such
recommendations.
(b) Curriculum and Training.--The Commandant shall update, to
reflect actions described under subsection (a)(2), the
curriculum and training materials used at--
(1) officer accession points, including the Coast
Guard Academy and the Leadership Development Center;
(2) enlisted member accession at the United States
Coast Guard Training Center Cape May in Cape May, New
Jersey; and
(3) the officer, enlisted member, and civilian
leadership courses managed by the Leadership
Development Center.
(c) Definition.--In this section, the term ``RAND
representation report'' means the report titled ``Improving the
Representation of Women and Racial/Ethnic Minorities Among U.S.
Coast Guard Active-Duty Members'' issued by the Homeland
Security Operational Analysis Center of the RAND Corporation on
August 11, 2021.
Subtitle B--Operational Matters
SEC. 206. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER READINESS
THROUGH CONDITION-BASED MAINTENANCE.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Commandant of the Coast Guard shall
conduct a pilot project to enhance cutter readiness and reduce
lost patrol days through the deployment of commercially
developed condition-based program standards for cutter
maintenance, in accordance with the criteria set forth in
subsection (b).
(b) Criteria for Condition-Based Maintenance Evaluation.--In
conducting the pilot project under subsection (a), the
Commandant shall--
(1) select at least 1 legacy cutter asset and 1 class
of cutters under construction with respect to which the
application of the pilot project would enhance
readiness;
(2) use commercially developed condition-based
program standards similar to those applicable to
privately owned and operated vessels or vessels owned
or operated by other Federal agencies (such as those
currently operating under the direction of Military
Sealift Command);
(3) create and model a full ship digital twin for the
cutters selected under paragraph (1);
(4) install or modify instrumentation capable of
producing full hull, mechanical, and electrical data
necessary to analyze cutter operational conditions with
active maintenance alerts; and
(5) deploy artificial intelligence, prognostic-based
integrated maintenance planning modeled after standards
described in paragraph (2).
(c) Report to Congress.--The Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives--
(1) an interim report not later than 6 months after
the date of enactment of this Act on the progress in
carrying out the pilot project described in subsection
(a); and
(2) a final report not later than 2 years after the
date of enactment of this Act on the results of the
pilot project described in subsection (a) that
includes--
(A) options to integrate commercially
developed condition-based program standards for
cutter maintenance to Coast Guard cutters; and
(B) plans to deploy commercially developed
condition-based program standards for cutter
maintenance to Coast Guard cutters.
SEC. 207. UNMANNED SYSTEMS STRATEGY.
(a) Submission to Congress.--Not later than 180 days after
the date of enactment of this Act, the Commandant of the Coast
Guard shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a detailed description of the strategy of the Coast
Guard to implement unmanned systems across mission areas,
including--
(1) the steps taken to implement actions recommended
in the consensus study report of the National Academies
of Sciences, Engineering, and Medicine published on
November 12, 2020, titled ``Leveraging Unmanned Systems
for Coast Guard Missions: A Strategic Imperative'';
(2) the strategic goals and acquisition strategies
for proposed uses and procurements of unmanned systems;
(3) a strategy to sustain competition and innovation
for procurement of unmanned systems and services for
the Coast Guard, including defining opportunities for
new and existing technologies; and
(4) an estimate of the timeline, costs, staff
resources, technology, or other resources necessary to
accomplish the strategy.
(b) Pilot Project.--
(1) Autonomous control and computer vision
technology.--The Commandant of the Coast Guard, acting
through the Blue Technology Center of Expertise, shall
conduct a pilot project to retrofit an existing Coast
Guard small boat with--
(A) commercially available autonomous control
and computer vision technology; and
(B) such sensors and methods of communication
as are necessary to demonstrate the ability of
such control and technology to assist in
conducting search and rescue, surveillance, and
interdiction missions.
(2) Collection of data.--The pilot project under
paragraph (1) shall evaluate commercially available
products in the field and collect operational data to
inform future requirements.
(3) Briefing.--Not later than 6 months after
completing the pilot project required under paragraph
(1), the Commandant shall brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on commerce, Science,
and Transportation of the Senate on the evaluation of
the data derived from the project.
SEC. 208. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS.
(a) In General.--Chapter 51 of title 14, United States Code,
is further amended by adding at the end the following:
``Sec. 5114. Expenses of performing and executing defense readiness
mission activities
``The Commandant of the Coast Guard shall include in the
annual budget submission of the President under section 1105(a)
of title 31, a dedicated budget line item that adequately
represents a calculation of the annual costs and expenditures
of performing and executing all defense readiness mission
activities, including--
``(1) all expenses related to the Coast Guard's
coordination, training, and execution of defense
readiness mission activities in the Coast Guard's
capacity as an Armed Force (as such term is defined in
section 101 of title 10) in support of Department of
Defense national security operations and activities or
for any other military department or defense agency (as
such terms are defined in such section);
``(2) costs associated with Coast Guard detachments
assigned in support of the Coast Guard's defense
readiness mission; and
``(3) any other expenses, costs, or matters the
Commandant determines appropriate or otherwise of
interest to Congress.''.
(b) Clerical Amendment.--The analysis for chapter 51 of title
14, United States Code, is further amended by adding at the end
the following:
``5114. Expenses of performing and executing defense readiness mission
activities.''.
SEC. 209. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.
Not later than 180 days after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing--
(1) an overview of the maritime domain awareness in
the area of responsibility of the Coast Guard sector
responsible for San Diego, California, including--
(A) the average volume of known maritime
traffic that transited the area during fiscal
years 2020 through 2022;
(B) current sensor platforms deployed by such
sector to monitor illicit activity occurring at
sea in such area;
(C) the number of illicit activity incidents
at sea in such area that the sector responded
to during fiscal years 2020 through 2022;
(D) an estimate of the volume of traffic
engaged in illicit activity at sea in such area
and the type and description of any vessels
used to carry out illicit activities that such
sector responded to during fiscal years 2020
through 2022; and
(E) the maritime domain awareness
requirements to effectively meet the mission of
such sector;
(2) a description of current actions taken by the
Coast Guard to partner with Federal, regional, State,
and local entities to meet the maritime domain
awareness needs of such area;
(3) a description of any gaps in maritime domain
awareness within the area of responsibility of such
sector resulting from an inability to meet the enduring
maritime domain awareness requirements of the sector or
adequately respond to maritime disorder;
(4) an identification of current technology and
assets the Coast Guard has to mitigate the gaps
identified in paragraph (3);
(5) an identification of capabilities needed to
mitigate such gaps, including any capabilities the
Coast Guard currently possesses that can be deployed to
the sector;
(6) an identification of technology and assets the
Coast Guard does not currently possess and are needed
to acquire in order to address such gaps; and
(7) an identification of any financial obstacles that
prevent the Coast Guard from deploying existing
commercially available sensor technology to address
such gaps.
SEC. 210. GREAT LAKES WINTER SHIPPING.
(a) Great Lakes Icebreaking Operations.--
(1) Government accountability office report.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Comptroller General of the United States shall
submit to the Committee on Commerce, Science,
and Transportation of the Senate and the
Committee on Transportation and Infrastructure
of the House of Representatives a report on
Coast Guard icebreaking in the Great Lakes.
(B) Elements.--The report required under
subparagraph (A) shall--
(i) evaluate--
(I) the economic impact
related to vessel delays or
cancellations associated with
ice coverage on the Great
Lakes;
(II) the impact the standards
proposed in paragraph (2) would
have on Coast Guard operations
in the Great Lakes if such
standards were adopted;
(III) the fleet mix of medium
icebreakers and icebreaking
tugs necessary to meet the
standards proposed in paragraph
(2); and
(IV) the resources necessary
to support the fleet described
in subclause (III), including
billets for crew and operating
costs; and
(ii) make recommendations to the
Commandant for improvements to the
Great Lakes icebreaking program,
including with respect to facilitating
shipping and meeting all Coast Guard
mission needs.
(2) Proposed standards for icebreaking operations.--
The proposed standards, the impact of the adoption of
which is evaluated in subclauses (II) and (III) of
paragraph (1)(B)(i), are the following:
(A) Except as provided in subparagraph (B),
the ice-covered waterways in the Great Lakes
shall be open to navigation not less than 90
percent of the hours that vessels engaged in
commercial service and ferries attempt to
transit such ice-covered waterways.
(B) In a year in which the Great Lakes are
not open to navigation, as described in
subparagraph (A), because of ice of a thickness
that occurs on average only once every 10
years, ice-covered waterways in the Great Lakes
shall be open to navigation at least 70 percent
of the hours that vessels engaged in commercial
service and ferries attempt to transit such
ice-covered waterways.
(3) Report by commandant.--Not later than 90 days
after the date on which the Comptroller General submits
the report under paragraph (1), the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes the following:
(A) A plan for Coast Guard implementation of
any recommendation made by the Comptroller
General under paragraph (1)(B)(ii) with which
the Commandant concurs.
(B) With respect to any recommendation made
under paragraph (1)(B)(ii) with which the
Commandant does not concur, an explanation of
the reasons why the Commandant does not concur.
(C) A review of, and a proposed
implementation plan for, the results of the
fleet mix analysis under paragraph
(1)(B)(i)(III).
(D) Any proposed modifications to current
Coast Guard standards for icebreaking
operations in the Great Lakes.
(4) Pilot program.--During the 5 ice seasons
following the date of enactment of this Act, the Coast
Guard shall conduct a pilot program to determine the
extent to which the current Coast Guard Great Lakes
icebreaking cutter fleet can meet the proposed
standards described in paragraph (2).
(b) Data on Icebreaking Operations in the Great Lakes.--
(1) In general.--The Commandant shall collect, during
ice season, archive, and disseminate data on
icebreaking operations and transits on ice-covered
waterways in the Great Lakes of vessels engaged in
commercial service and ferries.
(2) Elements.--Data collected, archived, and
disseminated under paragraph (1) shall include the
following:
(A) Voyages by vessels engaged in commercial
service and ferries to transit ice-covered
waterways in the Great Lakes that are delayed
or canceled because of the nonavailability of a
suitable icebreaking vessel.
(B) Voyages attempted by vessels engaged in
commercial service and ferries to transit ice-
covered waterways in the Great Lakes that do
not reach their intended destination because of
the nonavailability of a suitable icebreaking
vessel.
(C) The period of time that each vessel
engaged in commercial service or ferry was
delayed in getting underway or during a transit
of ice-covered waterways in the Great Lakes due
to the nonavailability of a suitable
icebreaking vessel.
(D) The period of time elapsed between each
request for icebreaking assistance by a vessel
engaged in commercial service or ferry and the
arrival of a suitable icebreaking vessel and
whether such icebreaking vessel was a Coast
Guard or commercial asset.
(E) The percentage of hours that Great Lakes
ice-covered waterways were open to navigation
while vessels engaged in commercial service and
ferries attempted to transit such waterways for
each ice season after the date of enactment of
this Act.
(F) Relevant communications of each vessel
engaged in commercial service or ferry with the
Coast Guard or commercial icebreaking service
providers with respect to subparagraphs (A)
through (D).
(G) A description of any mitigating
circumstance, such as Coast Guard Great Lakes
icebreaker diversions to higher priority
missions, that may have contributed to the
amount of time described in subparagraphs (C)
and (D) or the percentage of time described in
subparagraph (E).
(3) Voluntary reporting.--Any reporting by operators
of commercial vessels engaged in commercial service or
ferries under this section shall be voluntary.
(4) Public availability.--The Commandant shall make
the data collected, archived, and disseminated under
this subsection available to the public on a publicly
accessible internet website of the Coast Guard.
(5) Consultation with industry.--With respect to the
Great Lakes icebreaking operations of the Coast Guard
and the development of the data collected, archived,
and disseminated under this subsection, the Commandant
shall consult operators of--
(A) vessels engaged in commercial service;
and
(B) ferries.
(c) Report on Common Hull Design.--Section 8105 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) is amended by
striking subsection (b) and inserting the following:
``(b) Report.--Not later than 90 days after the date of
enactment of this subsection, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the operational
benefits and limitations of a common hull design for
icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic, as appropriate,
that are at least as capable as the Coast Guard 140-foot
icebreaking tugs.''.
(d) Definitions.--In this section:
(1) Commercial service.--The term ``commercial
service'' has the meaning given such term in section
2101 of title 46, United States Code.
(2) Great lakes.--The term ``Great Lakes''--
(A) has the meaning given such term in
section 118 of the Federal Water Pollution
Control Act (33 U.S.C. 1268); and
(B) includes harbors adjacent to such waters.
(3) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes in
which vessels engaged in commercial service or ferries
operate that is 70 percent or greater covered by ice,
but does not include any waters adjacent to piers or
docks for which commercial icebreaking services are
available and adequate for the ice conditions.
(4) Open to navigation.--The term ``open to
navigation'' means navigable to the extent necessary
to--
(A) meet the reasonable demands of shipping;
(B) minimize delays to passenger ferries;
(C) extricate vessels and persons from
danger;
(D) prevent damage due to flooding; and
(E) conduct other Coast Guard missions, as
required.
(5) Reasonable demands of shipping.--The term
``reasonable demands of shipping'' means the safe
movement of vessels engaged in commercial service and
ferries transiting ice-covered waterways in the Great
Lakes to their intended destination, regardless of type
of cargo.
SEC. 211. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL SEARCH AND
RESPONSE.
Section 807(d) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (14 U.S.C. 313 note) is amended to
read as follows:
``(d) Definition.--In this section, the term `Great Lakes'
means--
``(1) Lake Ontario;
``(2) Lake Erie;
``(3) Lake Huron (including Lake St. Clair);
``(4) Lake Michigan;
``(5) Lake Superior; and
``(6) the connecting channels (including the
following rivers and tributaries of such rivers: Saint
Mary's River, Saint Clair River, Detroit River, Niagara
River, Illinois River, Chicago River, Fox River, Grand
River, St. Joseph River, St. Louis River, Menominee
River, Muskegon River, Kalamazoo River, and Saint
Lawrence River to the Canadian border).''.
SEC. 212. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.
Not later than 120 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Secretary of Transportation, shall conduct a study on the
laydown of Coast Guard Fast Response Cutters to assess Coast
Guard mission readiness and to identify areas of need for asset
coverage.
Subtitle C--Other Matters
SEC. 213. RESPONSES OF COMMANDANT OF THE COAST GUARD TO SAFETY
RECOMMENDATIONS.
(a) In General.--Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 721. Responses to safety recommendations
``(a) In General.--Not later than 90 days after the
submission to the Commandant of the Coast Guard of a
recommendation by the National Transportation Safety Board
relating to transportation safety, the Commandant shall submit
to the Board a written response to each recommendation, which
shall include whether the Commandant--
``(1) concurs with the recommendation;
``(2) partially concurs with the recommendation; or
``(3) does not concur with the recommendation.
``(b) Explanation of Concurrence.--A response under
subsection (a) shall include--
``(1) with respect to a recommendation to which the
Commandant concurs, an explanation of the actions the
Commandant intends to take to implement such
recommendation;
``(2) with respect to a recommendation to which the
Commandant partially concurs, an explanation of the
actions the Commandant intends to take to implement the
portion of such recommendation with which the
Commandant partially concurs; and
``(3) with respect to a recommendation to which the
Commandant does not concur, the reasons why the
Commandant does not concur with such recommendation.
``(c) Failure To Respond.--If the Board has not received the
written response required under subsection (a) by the end of
the time period described in such subsection, the Board shall
notify the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that such response
has not been received.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title
14, United States Code, is amended by inserting after the item
relating to section 720 the following:
``721. Responses to safety recommendations.''.
SEC. 214. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.
(a) Redesignation and Transfer.--
(1) In general.--Section 914 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281) is
transferred to chapter 5 of title 14, United States
Code, inserted after section 508, redesignated as
section 509, and amended so that the enumerator,
section heading, typeface, and typestyle conform to
those appearing in other sections in title 46, United
States Code.
(2) Clerical amendments.--
(A) Coast guard authorization act of 2010.--
The table of contents in section 1(b) of the
Coast Guard Authorization Act of 2010 (Public
Law 111-281) is amended by striking the item
relating to section 914.
(B) Title 46.--The analysis for chapter 5 of
title 14, United States Code, is amended by
inserting after the item relating to section
508 the following:
``509. Conveyance of Coast Guard vessels for public purposes.''.
(b) Conveyance of Coast Guard Vessels for Public Purposes.--
Section 509 of title 14, United States Code (as transferred and
redesignated under subsection (a)), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--At the request of the Commandant, the
Administrator of the General Services Administration may
transfer ownership of a Coast Guard vessel or aircraft to an
eligible entity for use for educational, cultural, historical,
charitable, recreational, or other public purposes if such
transfer is authorized by law.''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``as if such a
request were being processed'' after
``vessels''; and
(ii) by inserting ``, as in effect on
the date of enactment of the Don Young
Coast Guard Authorization Act of 2022''
after ``Code of Federal Regulations'';
and
(B) in paragraph (2) by inserting ``, as in
effect on the date of enactment of the Don
Young Coast Guard Authorization Act of 2022''
after ``such title''.
SEC. 215. ACQUISITION LIFE-CYCLE COST ESTIMATES.
Section 1132(e) of title 14, United States Code, is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2) Types of estimates.--For each Level 1 or Level
2 acquisition project or program, in addition to life-
cycle cost estimates developed under paragraph (1), the
Commandant shall require that--
``(A) such life-cycle cost estimates be
updated before--
``(i) each milestone decision is
concluded; and
``(ii) the project or program enters
a new acquisition phase; and
``(B) an independent cost estimate or
independent cost assessment, as appropriate, be
developed to validate such life-cycle cost
estimates developed under paragraph (1).''.
SEC. 216. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.
Section 316(c)(4) of title 14, United States Code, is amended
by striking ``the Inspector General of the department in which
the Coast Guard is operating'' and inserting ``a third party
entity qualified to undertake such a certification process''.
SEC. 217. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard shall
submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
viability of establishing an explosive ordnance disposal
program (hereinafter referred to as the ``Program'') in the
Coast Guard.
(b) Contents.--The report required under subsection (a) shall
contain, at a minimum, an explanation of the following with
respect to such a Program:
(1) Where within the organizational structure of the
Coast Guard the Program would be located, including a
discussion of whether the Program should reside in--
(A) Maritime Safety and Security Teams;
(B) Maritime Security Response Teams;
(C) a combination of the teams described
under subparagraphs (A) and (B); or
(D) elsewhere within the Coast Guard.
(3) The vehicles and dive craft that are Coast Guard
airframe and vessel transportable that would be
required for the transportation of explosive ordnance
disposal elements.
(4) The Coast Guard stations at which--
(A) portable explosives storage magazines
would be available for explosive ordnance
disposal elements; and
(B) explosive ordnance disposal elements
equipment would be pre-positioned.
(5) How the Program would support other elements
within the Department of Homeland Security, the
Department of Justice, and in wartime, the Department
of Defense to--
(A) counter improvised explosive devices;
(B) counter unexploded ordnance;
(C) combat weapons of destruction;
(D) provide service in support of the
President; and
(E) support national security special events.
(6) The career progression of Coast Guardsman
participating in the Program from--
(A) Seaman Recruit to Command Master Chief
Petty Officer;
(B) Chief Warrant Officer 2 to that of Chief
Warrant Officer 4; and
(C) Ensign to that of Rear Admiral.
(7) Initial and annual budget justification estimates
on a single program element of the Program for--
(A) civilian and military pay with details on
military pay, including special and incentive
pays such as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous
duty pay;
(iv) enlisted SCUBA diving duty pay;
(v) enlisted demolition hazardous
duty pay;
(vi) enlisted special duty assignment
pay at level special duty-5;
(vii) enlisted assignment incentive
pays;
(viii) enlistment and reenlistment
bonuses;
(ix) officer and enlisted full
civilian clothing allowances;
(x) an exception to the policy
allowing a third hazardous duty pay for
explosive ordnance disposal-qualified
officers and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and
evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and support; and
(F) overseas contingency operations.
SEC. 218. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Extensions.--Section 524 of the Pribilof Island
Transition Completion Act of 2016 (Public Law 114-120) is
amended--
(1) in subsection (b)(5) by striking ``5 years'' and
inserting ``6 years''; and
(2) in subsection (c)(3) by striking ``60 days'' and
inserting ``120 days''.
(b) Actual Use and Occupancy Reports.--Not later than 90 days
after enactment of this Act, and quarterly thereafter, the
Secretary of the department in which the Coast Guard is
operating shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report describing--
(1) the degree to which Coast Guard personnel and
equipment are deployed to St. Paul Island, Alaska, in
actual occupancy of the facilities, as required under
section 524 of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114-120); and
(2) the status of the activities described in
subsections (c) and (d) until such activities have been
completed.
(c) Aircraft Hanger.--The Secretary may--
(1) enter into a lease for a hangar to house deployed
Coast Guard aircraft if such hanger was previously
under lease by the Coast Guard for purposes of housing
such aircraft; and
(2) may enter into an agreement with the lessor of
such a hanger in which the Secretary may carry out
repairs necessary to support the deployment of such
aircraft and the cost such repairs may be offset under
the terms of the lease.
(d) Fuel Tank.--
(1) Determination.--Not later than 30 days after the
date of enactment of this Act, the Secretary shall
determine whether the fuel tank located on St. Paul
Island, Alaska, that is owned by the Coast Guard is
needed for Coast Guard operations.
(2) Transfer.--Subject to paragraph (3), if the
Secretary determines such tank is not needed for
operations, the Secretary shall, not later than 90 days
after making such determination, transfer such tank to
the Alaska Native Village Corporation for St. Paul
Island, Alaska.
(3) Fair market value exception.--The Secretary may
only carry out a transfer under paragraph (2) if the
fair market value of such tank is less than the
aggregate value of any lease payments for the property
on which the tank is located that the Coast Guard would
have paid to the Alaska Native Village Corporation for
St. Paul Island, Alaska, had such lease been extended
at the same rate.
(e) Savings Clause.--Nothing in this section shall be
construed to limit any rights of the Alaska Native Village
Corporation for St. Paul to receive conveyance of all or part
of the lands and improvements related to Tract 43 under the
same terms and conditions as prescribed in section 524 of the
Pribilof Island Transition Completion Act of 2016 (Public Law
114-120).
SEC. 219. NOTIFICATION OF COMMUNICATION OUTAGES.
Not later than 180 days after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that--
(1) contains a plan for the Coast Guard to notify
mariners of radio outages for towers owned and operated
by the Coast Guard in District 17;
(2) address in such plan how the Coast Guard in
District 17 will--
(A) disseminate outage updates regarding
outages on social media at least every 48
hours;
(B) provide updates on a publicly accessible
website at least every 48 hours;
(C) develop methods for notifying mariners
where cellular connectivity does not exist;
(D) generate receipt confirmation and
acknowledgment of outages from mariners; and
(E) develop and advertise a web-based
communications update hub on AM/FM radio for
mariners; and
(3) identifies technology gaps necessary to implement
the plan and provide a budgetary assessment necessary
to implement the plan.
TITLE III--MARITIME
Subtitle A--Shipping
SEC. 301. NONOPERATING INDIVIDUAL.
Section 8313(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) is amended by striking ``the date that is 2 years after
the date of the enactment of this Act'' and inserting ``January
1, 2025''.
SEC. 302. OCEANOGRAPHIC RESEARCH VESSELS.
(a) Report Required.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of the department in which the
Coast Guard is operating, shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the total
number of vessels known or estimated to operate or to have
operated under section 50503 of title 46, United States Code,
during each of the past 10 fiscal years.
(b) Contents.--The report required by subsection (a) shall
include the following elements:
(1) The total number of foreign-flagged vessels known
or estimated to operate or to have operated as
oceanographic research vessels (as such term is defined
in section 2101 of title 46, United States Code) during
each of the past 10 fiscal years.
(2) The total number of United States-flagged vessels
known or estimated to operate or to have operated as
oceanographic research vessels (as such term is defined
section 2101 of title 46, United States Code) during
each of the past 10 fiscal years.
SEC. 303. ATLANTIC COAST PORT ACCESS ROUTES BRIEFING.
Not later than 30 days after the date of enactment of this
Act, and every 30 days thereafter until the requirements of
section 70003 of title 46, United States Code, are fully
executed with respect to the Atlantic Coast Port Access Route,
the Secretary of the department in which the Coast Guard is
operating shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on any progress made to execute such requirements.
Subtitle B--Vessel Safety
SEC. 304. FISHING VESSEL SAFETY.
(a) In General.--Chapter 45 of title 46, United States Code,
is amended--
(1) in section 4502(f)(2) by striking ``certain
vessels described in subsection (b) if requested by the
owner or operator; and'' and inserting ``vessels
described in subsection (b) if--
``(A) requested by an owner or operator; or
``(B) the vessel is--
``(i) at least 50 feet overall in
length;
``(ii) built before July 1, 2013; and
``(iii) 25 years of age or older;
and'';
(2) in section 4503(b) by striking ``Except as
provided in section 4503a, subsection (a)'' and
inserting ``Subsection (a)''; and
(3) by repealing section 4503a.
(b) Alternative Safety Compliance Agreements.--Nothing in
this section or the amendments made by this section shall be
construed to affect or apply to any alternative compliance and
safety agreement entered into by the Coast Guard that is in
effect on the date of enactment of this Act.
(c) Conforming Amendments.--The table of sections in chapter
45 of title 46, United States Code, is amended by striking the
item relating to section 4503a.
SEC. 305. REQUIREMENTS FOR DUKW-TYPE AMPHIBIOUS PASSENGER VESSELS.
(a) Regulations Required.--Not later than 1 year after the
date of enactment of this Act, the Commandant of the Coast
Guard shall issue regulations for DUKW-type amphibious
passenger vessels operating in waters subject to the
jurisdiction of the United States, as defined in section 2.38
of title 33, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(b) Deadline for Compliance.--The regulations issued under
subsection (a) shall take effect not later than 24 months after
the date of enactment of this Act.
(c) Requirements.--The regulations required under subsection
(a) shall include the following:
(1) A requirement that operators of DUKW-type
amphibious passenger vessels provide reserve buoyancy
for such vessels through passive means, including
watertight compartmentalization, built-in flotation, or
such other means as determined appropriate by the
Commandant, in order to ensure that such vessels remain
afloat and upright in the event of flooding, including
when carrying a full complement of passengers and crew.
(2) A requirement that an operator of a DUKW-type
amphibious passenger vessel--
(A) review and notate the forecast of the
National Weather Service of the National
Oceanic and Atmospheric Administration in the
logbook of the vessel before getting underway
and periodically while underway;
(B) proceed to the nearest harbor or safe
refuge in any case in which a watch or warning
is issued for wind speeds exceeding the wind
speed equivalent used to certify the stability
of such DUKW-type amphibious passenger vessel;
and
(C) maintain and monitor a weather monitor
radio receiver at the operator station of the
vessel that is automatically activated by the
warning alarm device of the National Weather
Service.
(3) A requirement that--
(A) operators of DUKW-type amphibious
passenger vessels inform passengers that seat
belts may not be worn during waterborne
operations;
(B) before the commencement of waterborne
operations, a crew member shall visually check
that the seatbelt of each passenger is
unbuckled; and
(C) operators or crew maintain a log
recording the actions described in
subparagraphs (A) and (B).
(4) A requirement for annual training for operators
and crew of DUKW-type amphibious passengers vessels,
including--
(A) training for personal flotation and seat
belt requirements, verifying the integrity of
the vessel at the onset of each waterborne
departure, identification of weather hazards,
and use of National Weather Service resources
prior to operation; and
(B) training for crew to respond to emergency
situations, including flooding, engine
compartment fires, man-overboard situations,
and in water emergency egress procedures.
(d) Consideration.--In issuing the regulations required under
subsection (a), the Commandant shall consider whether personal
flotation devices should be required for the duration of the
waterborne transit of a DUKW-type amphibious passenger vessel.
(e) Interim Requirements.--Beginning on the date on which the
regulations under subsection (a) are issued, the Commandant
shall require that operators of DUKW-type amphibious passenger
vessels that are not in compliance with such regulations shall
be subject to the following requirements:
(1) Remove the canopies and any window coverings of
such vessels for waterborne operations, or install in
such vessels a canopy that does not restrict horizontal
or vertical escape by passengers in the event of
flooding or sinking.
(2) If a canopy and window coverings are removed from
any such vessel pursuant to paragraph (1), require that
all passengers wear a personal flotation device
approved by the Coast Guard before the onset of
waterborne operations of such vessel.
(3) Reengineer such vessels to permanently close all
unnecessary access plugs and reduce all through-hull
penetrations to the minimum number and size necessary
for operation.
(4) Install in such vessels independently powered
electric bilge pumps that are capable of dewatering
such vessels at the volume of the largest remaining
penetration in order to supplement an operable Higgins
pump or a dewatering pump of equivalent or greater
capacity.
(5) Install in such vessels not fewer than 4
independently powered bilge alarms.
(6) Conduct an in-water inspection of any such vessel
after each time a through-hull penetration of such
vessel has been removed or uncovered.
(7) Verify through an in-water inspection the
watertight integrity of any such vessel at the outset
of each waterborne departure of such vessel.
(8) Install underwater LED lights that activate
automatically in an emergency.
(9) Otherwise comply with any other provisions of
relevant Coast Guard guidance or instructions in the
inspection, configuration, and operation of such
vessels.
SEC. 306. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGERS
VESSELS.
(a) Restructuring.--Chapter 305 of title 46, United States
Code, is amended--
(1) by inserting the following before section 30501
the following:
``Subchapter I--General Provisions'';
(2) by inserting the following before section 30503:
``Subchapter II--Exoneration and Limitation of Liability'';
and
(3) by redesignating sections 30503 through 30512 as
sections 30521 through 30530, respectively.
(b) Definitions.--Section 30501 of title 46, United States
Code, is amended to read as follows:
``Sec. 30501. Definitions
``In this chapter:
``(1) Covered small passenger vessel.--The term
`covered small passenger vessel'--
``(A) means a small passenger vessel, as
defined in section 2101 that is--
``(i) not a wing-in-ground craft; and
``(ii) carrying--
``(I) not more than 49
passengers on an overnight
domestic voyage; and
``(II) not more than 150
passengers on any voyage that
is not an overnight domestic
voyage; and
``(B) includes any wooden vessel constructed
prior to March 11, 1996, carrying at least 1
passenger for hire.
``(2) Owner.--The term `owner' includes a charterer
that mans, supplies, and navigates a vessel at the
charterer's own expense or by the charterer's own
procurement.''.
(c) Clerical Amendment.--The item relating to section 30501
in the analysis for chapter 305 of title 46, United States
Code, is amended to read as follows:
``30501. Definitions.''.
(d) Applicability.--Section 30502 of title 46, United States
Code, is amended by inserting ``as to covered small passenger
vessels, and'' before ``as otherwise provided''.
(e) Provisions Requiring Notice of Claim or Limiting Time for
Bringing Action.--Section 30526 of title 46, United States
Code, as redesignated by subsection (a), is amended--
(1) in subsection (a), by inserting ``and covered
small passenger vessels'' after ``seagoing vessels'';
(2) in subsection (b)(1), by striking ``6 months''
and inserting ``2 years''; and
(3) in subsection (b)(2), by striking ``one year''
and inserting ``2 years''.
(f) Tables of Subchapters and Tables of Sections.--The table
of sections for chapter 305 of title 46, United States Code, is
amended--
(1) by inserting before section 30501 the following:
``subchapter i--general provisions'';
(2) by inserting after section 30502 the following:
``subchapter ii--exoneration and limitation of liability'';
and
(3) by redesignating the items relating to sections
30503 through 30512 as items relating to sections 30521
through 30530, respectively.
(g) Conforming Amendments.--Title 46, United States Code, is
further amended--
(1) in section 14305(a)(5), by striking ``section
30506'' and inserting ``section 30524'';
(2) in section 30523(a), as redesignated by
subsection (a), by striking ``section 30506'' and
inserting ``section 30524'';
(3) in section 30524(b), as redesignated by
subsection (a), by striking ``section 30505'' and
inserting ``section 30523''; and
(4) in section 30525, as redesignated by subsection
(a)--
(A) in the matter preceding paragraph (1), by
striking ``sections 30505 and 30506'' and
inserting ``sections 30523 and 30524'';
(B) in paragraph (1) by striking ``section
30505'' and inserting ``section 30523''; and
(C) in paragraph (2) by striking ``section
30506(b)'' and inserting ``section 30524(b)''.
SEC. 307. AUTOMATIC IDENTIFICATION SYSTEM REQUIREMENTS.
(a) Requirement for Fishing Vessels To Have Automatic
Identification Systems.--Section 70114(a)(1) of title 46,
United States Code, is amended--
(1) by striking ``, while operating on the navigable
waters of the United States,'';
(2) by redesignating subparagraphs (A) through (D) as
clauses (i) through (iv);
(3) by inserting before clauses (i) through (iv), as
redesignated by paragraph (2), the following:
``(A) While operating on the navigable waters of the
United States:''; and
(4) by adding at the end the following:
``(B) A vessel of the United States that is more than
65 feet overall in length, while engaged in fishing,
fish processing, or fish tendering operations on the
navigable waters of the United States or in the United
States exclusive economic zone.''.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary of Commerce for fiscal year
2022, $5,000,000, to remain available until expended, to
purchase automatic identification systems for fishing vessels,
fish processing vessels, fish tender vessels more than 50 feet
in length, as described under this section and the amendments
made by this section.
Subtitle C--Shipbuilding Program
SEC. 308. QUALIFIED VESSEL.
(a) Eligible Vessel.--Section 53501(2) of title 46, United
States Code, is amended--
(1) in subparagraph (A)(iii) by striking ``and'' at
the end;
(2) in subparagraph (B)(v) by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
``(C) a ferry, as such term is defined in
section 2101; and
``(D) a passenger vessel or small passenger
vessel, as such terms are defined in section
2101, that has a passenger capacity of 50
passengers or greater.''.
(b) Qualified Vessel.--Section 53501(5) of title 46, United
States Code, is amended--
(1) in subparagraph (A)(iii) by striking ``and'' at
the end;
(2) in subparagraph (B)(v) by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
``(C) a ferry, as such term is defined in
section 2101; and
``(D) a passenger vessel or small passenger
vessel, as such terms are defined in section
2101, that has a passenger capacity of 50
passengers or greater.''.
SEC. 309. ESTABLISHING A CAPITAL CONSTRUCTION FUND.
Section 53503(b) of title 46, United States Code, is amended
by inserting ``(including transportation on a ferry, passenger
vessel, or small passenger vessel, as such terms are defined in
section 2101, that has a passenger capacity of 50 passengers or
greater)'' after ``short sea transportation''.
TITLE IV--FEDERAL MARITIME COMMISSION
SEC. 401. TERMS AND VACANCIES.
Section 46101(b) of title 46, United States Code, is amended
by--
(1) in paragraph (2)--
(A) by striking ``one year'' and inserting
``2 years''; and
(B) by striking ``2 terms'' and inserting ``3
terms''; and
(2) in paragraph (3)--
(A) by striking ``of the individual being
succeeded'' and inserting ``to which such
individual is appointed'';
(B) by striking ``2 terms'' and inserting ``3
terms''; and
(C) by striking ``the predecessor of that''
and inserting ``such''.
TITLE V--MISCELLANEOUS
Subtitle A--Navigation
SEC. 501. RESTRICTION ON CHANGING SALVORS.
Section 311(c)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(c)(3)) is amended by adding at the end the
following:
``(C) An owner or operator may not change salvors as
part of a deviation under subparagraph (B) in cases in
which the original salvor satisfies the Coast Guard
requirements in accordance with the National
Contingency Plan and the applicable response plan
required under subsection (j).
``(D) In any case in which the Coast Guard authorizes
a deviation from the salvor as part of a deviation
under subparagraph (B) from the applicable response
plan required under subsection (j), the Commandant
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report describing the deviation and the
reasons for such deviation.''.
SEC. 502. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN ESTABLISHED
ANCHORAGE GROUNDS.
(a) In General.--Section 70006 of title 46, United States
Code, is amended to read as follows:
``Sec. 70006. Anchorage grounds
``(a) Anchorage Grounds.--
``(1) Establishment.--The Secretary of the department
in which the Coast Guard is operating shall define and
establish anchorage grounds in the navigable waters of
the United States for vessels operating in such waters.
``(2) Relevant factors for establishment.--In
carrying out paragraph (1), the Secretary shall take
into account all relevant factors concerning
navigational safety, protection of the marine
environment, proximity to undersea pipelines and
cables, safe and efficient use of Marine Transportation
System, and national security.
``(b) Vessel Requirements.--Vessels, of certain sizes or type
determined by the Secretary, shall--
``(1) set and maintain an anchor alarm for the
duration of an anchorage;
``(2) comply with any directions or orders issued by
the Captain of the Port; and
``(3) comply with any applicable anchorage
regulations.
``(c) Prohibitions.--A vessel may not--
``(1) anchor in any Federal navigation channel unless
authorized or directed to by the Captain of the Port;
``(2) anchor in near proximity, within distances
determined by the Coast Guard, to an undersea pipeline
or cable, unless authorized or directed to by the
Captain of the Port; and
``(3) anchor or remain anchored in an anchorage
ground during any period in which the Captain of the
Port orders closure of the anchorage ground due to
inclement weather, navigational hazard, a threat to the
environment, or other safety or security concern.
``(d) Safety Exception.--Nothing in this section shall be
construed to prevent a vessel from taking actions necessary to
maintain the safety of the vessel or to prevent the loss of
life or property.''.
(b) Regulatory Review.--
(1) Review required.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall
complete a review of existing anchorage regulations and
identify regulations that may need modification--
(A) in the interest of marine safety,
security, and environmental concerns, taking
into account undersea pipelines, cables, or
other infrastructure; and
(B) to implement the amendments made by this
section.
(2) Briefing.--Upon completion of the review under
paragraph (1), but not later than 2 years after the
date of enactment of this Act, the Secretary shall
provide a briefing to the Committee on Commerce,
Science, and Transportation of the Senate and the
Subcommittee on Coast Guard and Maritime Transportation
of the Committee on Transportation and Infrastructure
of the House of Representatives that summarizes the
review.
(c) Clerical Amendment.--The table of sections for chapter
700 of title 46, United States Code, is amended by striking the
item relating to section 70006 and inserting the following:
``70006. Anchorage grounds.''.
(d) Applicability of Regulations.--The amendments made by
subsection (a) may not be construed to alter any existing
rules, regulations, or final agency actions issued under
section 70006 of title 46, United States Code, as in effect on
the day before the date of enactment of this Act until all
regulations required under subsection (b) take effect.
SEC. 503. AQUATIC NUISANCE SPECIES TASK FORCE.
(a) Recreational Vessel Defined.--Section 1003 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4702) is amended--
(1) by redesignating paragraphs (13) through (17) as
paragraphs (15) through (19), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) `State' means each of the several States, the
District of Columbia, American Samoa, Guam, Puerto
Rico, the Northern Mariana Islands, and the Virgin
Islands of the United States;
``(14) `recreational vessel' has the meaning given
that term in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362);''.
(b) Observers.--Section 1201 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is
amended by adding at the end the following:
``(g) Observers.--The chairpersons designated under
subsection (d) may invite representatives of nongovernmental
entities to participate as observers of the Task Force.''.
(c) Aquatic Nuisance Species Task Force.--Section 1201(b) of
the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4721(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (10);
and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the National Park Service;
``(8) the Director of the Bureau of Land Management;
``(9) the Commissioner of Reclamation; and''.
(d) Aquatic Nuisance Species Program.--Section 1202 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4722) is amended--
(1) in subsection (e) by adding at the end the
following:
``(4) Technical assistance and recommendations.--The
Task Force may provide technical assistance and
recommendations for best practices to an agency or
entity engaged in vessel inspections or
decontaminations for the purpose of--
``(A) effectively managing and controlling
the movement of aquatic nuisance species into,
within, or out of water of the United States;
and
``(B) inspecting recreational vessels in a
manner that minimizes disruptions to public
access for boating and recreation in non-
contaminated vessels.
``(5) Consultation.--In carrying out paragraph (4),
including the development of recommendations, the Task
Force may consult with--
``(A) State fish and wildlife management
agencies;
``(B) other State agencies that manage
fishery resources of the State or sustain
fishery habitat; and
``(C) relevant nongovernmental entities.'';
and
(2) in subsection (k) by adding at the end the
following:
``(3) Not later than 90 days after the date of
enactment of the Don Young Coast Guard Authorization
Act of 2022, the Task Force shall submit a report to
Congress recommending legislative, programmatic, or
regulatory changes to eliminate remaining gaps in
authorities between members of the Task Force to
effectively manage and control the movement of aquatic
nuisance species.''.
(e) Technical Corrections and Conforming Amendments.--The
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4701 et seq.) is further amended--
(1) in section 1002(b)(2), by inserting a comma after
``funded'';
(2) in section 1003, in paragraph (7), by striking
``Canandian'' and inserting ``Canadian'';
(3) in section 1203(a)--
(A) in paragraph (1)(F), by inserting ``and''
after ``research,''; and
(B) in paragraph (3), by striking
``encourage'' and inserting ``encouraged'';
(4) in section 1204(b)(4), in the paragraph heading,
by striking ``Adminisrative'' and inserting
``Administrative''; and
(5) in section 1209, by striking ``subsection (a)''
and inserting ``section 1202(a)''.
SEC. 504. LIMITATION ON RECOVERY FOR CERTAIN INJURIES INCURRED IN
AQUACULTURE ACTIVITIES.
(a) In General.--Section 30104 of title 46, United States
Code, is amended--
(1) by inserting ``(a) In General.--'' before the
first sentence; and
(2) by adding at the end the following:
``(b) Limitation on Recovery by Aquaculture Workers.--
``(1) In general.--For purposes of subsection (a),
the term `seaman' does not include an individual who--
``(A) is an aquaculture worker if State
workers' compensation is available to such
individual; and
``(B) was, at the time of injury, engaged in
aquaculture in a place where such individual
had lawful access.
``(2) Aquaculture worker defined.--In this
subsection, the term `aquaculture worker' means an
individual who--
``(A) is employed by a commercial enterprise
that is involved in the controlled cultivation
and harvest of aquatic plants and animals,
including--
``(i) the cleaning, processing, or
canning of fish and fish products;
``(ii) the cultivation and harvesting
of shellfish; and
``(iii) the controlled growing and
harvesting of other aquatic species;
``(B) does not hold a license issued under
section 7101(c); and
``(C) is not required to hold a merchant
mariner credential under part F of subtitle
II.''.
(b) Applicability.--The amendments made by this section shall
apply to an injury incurred on or after the date of enactment
of this Act.
Subtitle B--Other Matters
SEC. 505. INFORMATION ON TYPE APPROVAL CERTIFICATES.
(a) In General.--Title IX of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
adding at the end the following:
``SEC. 904. INFORMATION ON TYPE APPROVAL CERTIFICATES.
``The Commandant of the Coast Guard shall, upon request by
any State, the District of Columbia, or territory of the United
States, provide all data possessed by the Coast Guard
pertaining to challenge water quality characteristics,
challenge water biological organism concentrations, post-
treatment water quality characteristics, and post-treatment
biological organism concentrations data for a ballast water
management system with a type approval certificate approved by
the Coast Guard pursuant to subpart 162.060 of title 46, Code
of Federal Regulations.''.
(b) Clerical Amendment.--The table of contents for the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-
282) is amended by inserting after the item relating to section
903 the following:
``904. Information on type approval certificates.''.
SEC. 506. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.
Section 3507(k)(1) of title 46, United States Code, is
amended--
(1) in subparagraph (A) by striking ``at least 250''
and inserting ``250 or more''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) has overnight accommodations for 250 or
more passengers; and''.
SEC. 507. CARGO WAITING TIME REDUCTION.
(a) Interagency Task Force.--The President shall, acting
through the Supply Chain Disruptions Task Force established
under Executive Order 14017 (relating to supply chains) of
February 24, 2021 (86 Fed. Reg. 11849) (hereinafter referred to
as the ``Task Force''), carry out the duties described in
subsection (c).
(b) Duties.--In carrying out this section, the Task Force
shall--
(1) evaluate and quantify the economic and
environmental impact of cargo backlogs;
(2) evaluate and quantify the costs incurred by each
Federal agency represented on the Task Force, and by
State and local governments, due to such cargo
backlogs;
(3) evaluate the responses of each such Federal
agency to such cargo backlogs; and
(4) not later than 90 days after the date of
enactment of this Act--
(A) develop a plan to--
(i) significantly reduce or eliminate
such cargo backlog; and
(ii) reduce nationwide cargo
processing delays, including the Port
of Los Angeles and the Port of Long
Beach; and
(B) submit to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a
report containing the plan developed under
subparagraph (A).
(c) Report of the Commandant.--No later than 90 days after
the date of enactment of this Act, the Commandant of the Coast
Guard shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on cargo backlogs that includes--
(1) an explanation of the extent to which vessels
carrying cargo are complying with the requirements of
chapter 700 of title 46, United States Code;
(2) the status of the investigation on the cause of
the oil spill that occurred in October 2021 on the
waters over the San Pedro Shelf related to an anchor
strike, including the expected date on which the Marine
Casualty Investigation Report with respect to such
spill will be released; and
(3) with respect to such vessels, a summary of
actions taken or planned to be taken by the Commandant
to--
(A) provide additional protections against
oil spills caused by anchor strikes; and
(B) address other safety concerns and
environmental impacts.
SEC. 508. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE
CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a
contract for the containment or removal of a discharge entered
into by the President under section 311(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(c)) shall contain a
provision to indemnify a contractor for liabilities and
expenses incidental to the containment or removal arising out
of the performance of the contract that is substantially
identical to the terms contained in subsections (d) through (h)
of section H.4 (except for paragraph (1) of subsection (d)) of
the contract offered by the Coast Guard in the solicitation
numbered DTCG89-98- A-68F953, dated November 17, 1998.
(b) Requirements.--
(1) Source of funds.--The provision required under
subsection (a) shall include a provision that the
obligation to indemnify is limited to funds available
in the Oil Spill Liability Trust Fund established by
section 9509(a) of the Internal Revenue Code of 1986 at
the time the claim for indemnity is made.
(2) Uncompensated removal.--A claim for indemnity
under a contract described in subsection (a) shall be
made as a claim for uncompensated removal costs under
section 1012(a)(4) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(4)).
(3) Limitation.--The total indemnity for a claim
under a contract described in subsection (a) may not be
more than $50,000 per incident.
(c) Applicability of Exemptions.--Notwithstanding subsection
(a), the United States shall not be obligated to indemnify a
contractor for any act or omission of the contractor carried
out pursuant to a contract entered into under this section
where such act or omission is grossly negligent or which
constitutes willful misconduct.
SEC. 509. PORT COORDINATION COUNCIL FOR POINT SPENCER.
Section 541 of the Coast Guard Authorization Act of 2016
(Public Law 114-120) is amended--
(1) in subsection (b) by striking paragraphs (1) and
(2) and inserting the following:
``(1) BSNC (to serve as Council Chair).
``(2) The Secretary of Homeland Security.
``(3) An Oil Spill Response Organization that serves
the area in which such Port is located.
``(4) The State.'';
(2) in subsection (c)(1)--
(A) in subparagraph (B) by adding ``and'' at
the end; and
(B) by striking subparagraphs (C) and (D) and
inserting the following:
``(C) land use planning and development at
Point Spencer in support of the following
activities within the Bearing Sea, the Chukchi
Sea, and the Arctic Ocean:
``(i) Search and rescue.
``(ii) Shipping safety.
``(iii) Economic development.
``(iv) Oil spill prevention and
response.
``(v) National security.
``(vi) Major marine casualties.
``(vii) Protection of Alaska Native
archaeological and cultural resources.
``(viii) Port of refuge, arctic
research, and maritime law
enforcement.'';
(3) by amending subsection (c)(3) to read as follows:
``(3) Facilitate coordination among members of the
Council on the development and use of the land and
coastline of Point Spencer, as such development and use
relate to activities of the Council at the Port of
Point Spencer.''; and
(4) in subsection (e)--
(A) by striking ``Operations and management
costs'' and inserting the following:
``(1) Determination of costs.--Operations and
management costs''; and
(B) by adding at the end the following:
``(2) Funding.--To facilitate the mooring buoy system
in Port Clarence and to assist the Council in the
development of other oil spill prevention and response
infrastructure, including reactivating the airstrip at
Point Spencer with appropriate technology and safety
equipment in support of response operations, there is
authorized to be made available $5,000,000 for each of
fiscal years 2023 through 2025 from the interest
generated from the Oil Spill Liability Trust Fund.''.
SEC. 510. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.
(a) Western Alaska Oil Spill Planning Criteria.--Section
311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(5)) is amended by adding at the end the following:
``(J)(i) Except as provided in clause (iv)
(including with respect to Cook Inlet), in any
case in which the Secretary has determined that
the national planning criteria established
pursuant to this subsection are inappropriate
for a vessel operating in the area of
responsibility of the Western Alaska Captain of
the Port Zone, a response plan required under
this paragraph with respect to a discharge of
oil for the vessel shall comply with the
planning criteria established under clause
(ii), which planning criteria shall, with
respect to a discharge of oil from the vessel,
apply in lieu of any alternative planning
criteria approved for vessels operating in such
area.
``(ii) The President shall establish planning
criteria for a worst case discharge of oil, and
a substantial threat of such a discharge,
within the area of responsibility of Western
Alaska Captain of the Port Zone, including
planning criteria for the following:
``(I) Oil spill response resources
that are required to be located within
such area.
``(II) Response times for
mobilization of oil spill response
resources and arrival on the scene of a
worst case discharge of oil, or
substantial threat of such a discharge,
occurring within such area.
``(III) Pre-identified vessels for
oil spill response that are capable of
operating in the ocean environment and
required to be located within such
area.
``(IV) Real-time continuous vessel
tracking, monitoring, and engagement
protocols that detect and address
vessel operation anomalies.
``(V) Vessel routing measures
consistent with international routing
measure deviation protocols.
``(VI) Ensuring the availability of
at least one oil spill removal
organization that is classified by the
Coast Guard and that--
``(aa) is capable of
responding in all operating
environments in such area;
``(bb) controls oil spill
response resources of dedicated
and nondedicated resources
within such area, through
ownership, contracts,
agreements, or other means
approved by the President,
sufficient to mobilize and
sustain a response to a worst
case discharge of oil and to
contain, recover, and
temporarily store discharged
oil; and
``(cc) has pre-positioned oil
spill response resources in
strategic locations throughout
such area in a manner that
ensures the ability to support
response personnel, marine
operations, air cargo, or other
related logistics
infrastructure.
``(VII) Temporary storage capability
using both dedicated and non-dedicated
assets located within such area.
``(VIII) Non-mechanical oil spill
response resources, to be available
under contracts, agreements, or other
means approved by the President,
capable of responding to both a
discharge of persistent oil and a
discharge of non-persistent oil,
whether the discharged oil was carried
by a vessel as fuel or cargo.
``(IX) With respect to tank barges
carrying non-persistent oil in bulk as
cargo, oil spill response resources
that are required to be carried on
board.
``(X) Ensuring that oil spill
response resources required to comply
with this subparagraph are separate
from and in addition to resources
otherwise required to be included in a
response plan for purposes of
compliance with salvage and marine
firefighting planning requirements
under this subsection.
``(XI) Specifying a minimum length of
time that approval of a response plan
under this subparagraph is valid.
``(XII) Ensuring compliance with
requirements for the preparation and
submission of vessel response plans
established by regulations pursuant to
this paragraph.
``(iii) The President may approve a response
plan for a vessel under this subparagraph only
if the owner or operator of the vessel
demonstrates the availability of the oil spill
response resources required to be included in
the response plan under the planning criteria
established under clause (ii).
``(iv) Nothing in this subparagraph affects--
``(I) the requirements under this
subsection applicable to vessel
response plans for vessels operating
within the area of responsibility of
the Western Alaska Captain of the Port
Zone within Cook Inlet, Alaska;
``(II) the requirements applicable to
tank vessels operating within Prince
William Sound Captain of the Port Zone
that are subject to section 5005 of the
Oil Pollution Act of 1990 (33 U.S.C.
2735); or
``(III) the authority of a Federal
On-Scene Coordinator to use any
available resources when responding to
an oil spill.
``(v) The Secretary shall review any
determination that the national planning
criteria are inappropriate for a vessel
operating in the area of responsibility of
Western Alaska Captain of the Port Zone not
less frequently than once every five years.
``(vi) For purposes of this subparagraph, the
term `Western Alaska Captain of the Port Zone'
means the area described in section 3.85-15 of
title 33, Code of Federal Regulations, as in
effect on the date of enactment of this
subparagraph.''.
(b) Establishment of Alaska Oil Spill Planning Criteria.--
(1) Deadline.--Not later than 2 years after the date
of enactment of this Act, the President shall establish
the planning criteria required to be established under
subparagraph (J) of section 311(j)(5) of the Federal
Water Pollution Control Act of (33 U.S.C. 1321(j)(5)),
as added by this section.
(2) Consultation.--In establishing such planning
criteria, the President shall consult with the State of
Alaska, owners and operators of vessels subject to such
planning criteria, oil spill removal organizations,
Alaska Native organizations, and environmental
nongovernmental organizations located within the State
of Alaska.
(3) Vessels in cook inlet.--Unless otherwise
authorized by the Secretary of the department in which
the Coast Guard, a vessel may only operate in Cook
Inlet, Alaska, under a vessel response plan that meets
the requirements of the national planning criteria
established pursuant to section 311(j)(5) of the
Federal Water Pollution Control Act (33 U.S.C.
1321(j)(5)).
(c) Congressional Report.--Not later than one year after the
date of enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall submit to Congress
a report regarding the status of implementing the requirements
of subparagraph (J) of section 311(j)(5) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)(5)), as added by this
section.
SEC. 511. NONAPPLICABILITY.
Requirements under sections 3507(d), 3507(e), 3508, and 3509
of title 46, United States Code, shall not apply to the
passenger vessel American Queen (U.S. Coast Guard Official
Number 1030765) or any other passenger vessel--
(1) on which construction identifiable with the
specific vessel begins prior to the date of enactment
of this Act; and
(2) to which sections 3507 and 3508 would otherwise
apply when such vessels are operating inside the
boundary line.
SEC. 512. REPORT ON ENFORCEMENT OF COASTWISE LAWS.
The Commandant of the Coast Guard shall submit to Congress a
report describing any changes to the enforcement of chapters
121 and 551 of title 46, United States Code, as a result of the
amendments to section 4(a)(1) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1333(a)(1)) made by section 9503 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
SEC. 513. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.
Not later than 1 year after the date of enactment of this
Act, the Administrator of the Maritime Administration shall
complete the land conveyance required under section 2833 of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283).
SEC. 514. CENTER OF EXPERTISE FOR MARINE ENVIRONMENTAL RESPONSE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Commandant of the Coast Guard, in
consultation with the Administrator of the National Oceanic and
Atmospheric Administration, shall establish a Center of
Expertise for Marine Environmental Response (referred to in
this section as the ``Center of Expertise'') in accordance with
section 313 of title 14, United States Code.
(b) Location.--The Center of Expertise shall be located in
close proximity to--
(1) an area of the country with quick access to
State, Federal, and international waters, port and
marine environments, coastal and estuary environments,
and the intercoastal waterway;
(2) multiple Coast Guard sea and air stations;
(3) multiple Federal agencies that are engaged in
coastal and fisheries management;
(4) one or more designated national estuaries;
(5) State coastal and wildlife management agencies;
and
(6) an institution of higher education with adequate
marine science search laboratory facilities and
capabilities and expertise in coastal marine ecology,
ecosystems, environmental chemistry, fish and wildlife
management, coastal mapping, water resources, and
marine technology development.
(c) Functions.--The Center of Expertise shall--
(1) monitor and assess, on an ongoing basis, the
state of knowledge regarding training, education, and
technology development for marine environmental
response protocols in State, Federal, and international
waters, port and marine environments, coastal and
estuary environments, and the intercoastal waterway;
(2) identify any significant gaps in research related
to marine environmental response protocols, including
an assessment of major scientific or technological
deficiencies in responses to past incidents in these
waterways that are interconnected, and seek to fill
such gaps;
(3) conduct research, development, testing, and
evaluation for marine environmental response equipment,
technologies, and techniques to mitigate and respond to
environmental incidents in these waterways;
(4) educate and train Federal, State, and local first
responders in--
(A) the incident command system structure;
(B) marine environmental response techniques
and strategies; and
(C) public affairs; and
(5) work with academic and private sector response
training centers to develop and standardize marine
environmental response training and techniques.
(d) Marine Environmental Response Defined.--In this section,
the term ``marine environmental response'' means any response
to incidents that--
(1) impacts--
(A) the marine environment of State, Federal
or international waterways;
(B) port and marine environments;
(C) coastal and estuary environments; or
(D) the intercoastal waterway; and
(2) promotes--
(A) the protection and conservation of the
marine environment;
(B) the health of fish, animal populations,
and endangered species; and
(C) the resilience of coastal ecosystems and
infrastructure.
SEC. 515. PROHIBITION ON ENTRY AND OPERATION.
(a) Prohibition.--
(1) In general.--Except as otherwise provided in this
section, during the period in which Executive Order
14065 (87 Fed. Reg. 10293, relating to blocking certain
Russian property or transactions), or any successor
Executive Order is in effect, no vessel described in
subsection (b) may enter or operate in the navigable
waters of the United States or transfer cargo in any
port or place under the jurisdiction of the United
States.
(2) Limitations on application.----
(A) In general.--The prohibition under
paragraph (1) shall not apply with respect to
vessel described in subsection (b) if the
Secretary of State determines that--
(i) the vessel is owned or operated
by a Russian national or operated by
the government of the Russian
Federation; and
(ii) it is in the national security
interest not to apply the prohibition
to such vessel.
(B) Notice.--Not later than 15 days after
making a determination under subparagraph (A),
the Secretary of State shall submit to 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 written notice of the determination and
the basis upon which the determination was
made.
(C) Publication.--The Secretary of State
shall publish a notice in the Federal Register
of each determination made under subparagraph
(A).
(b) Vessels Described.--A vessel referred to in subsection
(a) is a vessel owned or operated by a Russian national or
operated by the government of the Russian Federation.
(c) Information and Publication.--The Secretary of the
department in which the Coast Guard is operating, with the
concurrence of the Secretary of State, shall--
(1) maintain timely information on the registrations
of all foreign vessels owned or operated by or on
behalf of the Government of the Russian Federation, a
Russian national, or a entity organized under the laws
of the Russian Federation or any jurisdiction within
the Russian Federation; and
(2) periodically publish in the Federal Register a
list of the vessels described in paragraph (1).
(d) Notification of Governments.--
(1) In general.--The Secretary of State shall notify
each government, the agents or instrumentalities of
which are maintaining a registration of a foreign
vessel that is included on a list published under
subsection (c)(2), not later than 30 days after such
publication, that all vessels registered under such
government's authority are subject to subsection (a).
(2) Additional notification.--In the case of a
government that continues to maintain a registration
for a vessel that is included on such list after
receiving an initial notification under paragraph (1),
the Secretary shall issue an additional notification to
such government not later than 120 days after the
publication of a list under subsection (c)(2).
(e) Notification of Vessels.--Upon receiving a notice of
arrival under section 70001(a)(5) of title 46, United States
Code, from a vessel described in subsection (b), the Secretary
of the department in which the Coast Guard is operating shall
notify the master of such vessel that the vessel may not enter
or operate in the navigable waters of the United States or
transfer cargo in any port or place under the jurisdiction of
the United States, unless--
(1) the Secretary of State has made a determination
under subsection (a)(2); or
(2) the Secretary of the department in which the
Coast Guard is operating allows provisional entry of
the vessel, or transfer of cargo from the vessel, under
subsection (f).
(f) Provisional Entry or Cargo Transfer.--Notwithstanding any
other provision of this section, the Secretary of the
department in which the Coast Guard is operating may allow
provisional entry of, or transfer of cargo from, a vessel, if
such entry or transfer is necessary for the safety of the
vessel or persons aboard.
SEC. 516. ST. LUCIE RIVER RAILROAD BRIDGE.
The Commandant of the Coast Guard shall take such actions as
are necessary to implement any recommendations for the St.
Lucie River railroad bridge made by the Coast Guard in the
document titled ``Waterways Analysis and Management System for
Intracoastal Waterway Miles 925-1005 (WAMS #07301)'' published
by Coast Guard Sector Miami in 2018.
SEC. 517. ASSISTANCE RELATED TO MARINE MAMMALS.
(a) Maritime Environmental and Technical Assistance
Program.--Section 50307(b) of title 46, United States Code, is
amended--
(1) in paragraph (1)(D) by striking ``and'' at the
end;
(2) in paragraph (2) by striking the period and
insert ``; and''; and
(3) by adding at the end the following:
``(3) technologies that quantifiably reduce
underwater noise from marine vessels, including noise
produced incidental to the propulsion of marine
vessels.''.
(b) Assistance to Reduce Impacts of Vessel Strikes and Noise
on Marine Mammals.--
(1) In general.--Chapter 541 of title 46, United
States Code, is amended by adding at the end the
following:
``Sec. 54102. Assistance to reduce impacts of vessel strikes and noise
on marine mammals
``(a) In General.--The Administrator of the Maritime
Administration, in coordination with the Secretary of the
department in which the Coast Guard is operating, may make
grants to, or enter into contracts or cooperative agreements
with, academic, public, private, and nongovernmental entities
to develop and implement mitigation measures that will lead to
a quantifiable reduction in--
``(1) impacts to marine mammals from vessels; and
``(2) underwater noise from vessels, including noise
produced incidental to the propulsion of vessels.
``(b) Eligible Use.--Assistance under this section may be
used to develop, assess, and carry out activities that reduce
threats to marine mammals by--
``(1) reducing--
``(A) stressors related to vessel traffic;
and
``(B) vessel strike mortality, and serious
injury; or
``(2) monitoring--
``(A) sound; and
``(B) vessel interactions with marine
mammals.
``(c) Priority.--The Administrator shall prioritize
assistance under this section for projects that--
``(1) is based on the best available science on
methods to reduce threats related to vessels traffic;
``(2) collect data on the reduction of such threats;
``(3) reduce--
``(A) disturbances from vessel presence;
``(B) mortality risk; or
``(C) serious injury from vessel strikes; or
``(4) conduct risk assessments, or tracks progress
toward threat reduction.
``(d) Briefing.--The Administrator shall provide to the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, an annual briefing that includes
the following:
``(1) The name and location of each entity receiving
a grant under this section.
``(2) The amount of each such grant.
``(3) A description of the activities carried out
with assistance provided under this section.
``(4) An estimate of the impact that a project
carried out with such assistance has on the reduction
of threats to marine mammals.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $10,000,000 for each of fiscal years 2022 through 2026,
to remain available until expended.''.
(2) Clerical amendment.--The analysis for chapter 541
of title 46, United States Code, is amended by adding
at the end the following:
``54102. Assistance to reduce impacts of vessel strikes and noise on
marine mammals.''.
(c) Near Real-time Monitoring and Mitigation Program for
Large Whales.--
(1) In general.--Part of A of subtitle V of title 46,
United States Code, is amended by adding at the end the
following:
``CHAPTER 507--MONITORING AND MITIGATION
``Sec.
``50701. Near real-time monitoring and mitigation program for large
whales.
``50702. Pilot project.
``Sec. 50701. Near real-time monitoring and mitigation program for
large whales
``(a) Establishment.--The Administrator of the Maritime
Administration, in consultation with the Commandant of the
Coast Guard, shall design and deploy a near real-time large
whale monitoring and mitigation program (in this section
referred to as the Program) informed by the technologies,
monitoring methods, and mitigation protocols developed pursuant
to the pilot program required under section 50702.
``(b) Purpose.--The purpose of the Program will be to reduce
the risk to large whales of vessel collisions and to minimize
other impacts.
``(c) Requirements.--In designing and deploying the Program,
the Administrator shall--
``(1) prioritize species of large whales for which
vessel collision impacts are of particular concern;
``(2) prioritize areas where such vessel impacts are
of particular concern;
``(3) develop technologies capable of detecting and
alerting individuals and enforcement agencies of the
probable location of large whales on a near real-time
basis, to include real time data whenever possible;
``(4) inform sector-specific mitigation protocols to
effectively reduce takes of large whales; and
``(5) integrate technology improvements as such
improvements become available.
``(d) Authority.--The Administrator may make grants or enter
into and contracts, leases, 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.
``Sec. 50702. Pilot project
``(a) Establishment.--The Administrator of the Maritime
Administration shall carry out a pilot monitoring and
mitigation project for North Atlantic right whales (in this
section referred to as the `Pilot Program') for purposes of
informing a cost-effective, efficient, and results-oriented
near real-time monitoring and mitigation program for large
whales under 50701.
``(b) Pilot Project Requirements.--In carrying out the pilot
program, the Administrator, in coordination with the Commandant
of the Coast Guard, using best available scientific
information, shall identify and ensure coverage of--
``(1) core foraging habitats of North Atlantic right
whales, including--
``(A) the South of the Islands core foraging
habitat;
``(B) the Cape Cod Bay Area core foraging
habitat;
``(C) the Great South Channel core foraging
habitat; and
``(D) the Gulf of Maine; and
``(2) important feeding, breeding, calving, rearing,
or migratory habitats of North Atlantic right whales
that co-occur with areas of high risk of mortality,
serious injury, or other impacts to such whales,
including from vessels or vessel strikes.
``(c) Pilot Project Components.--
``(1) In general.--Not later than 3 years after the
date of enactment of the Don Young Coast Guard
Authorization Act of 2022, the Administrator, in
consultation with the Commandant, Tribal governments,
and with input from affected stakeholders, shall design
and deploy a near real-time monitoring system for North
Atlantic right whales that--
``(A) comprises the best available detection
and survey technologies to detect North
Atlantic right whales within core foraging
habitats;
``(B) uses dynamic habitat suitability models
to inform the likelihood of North Atlantic
right whale occurrence in core foraging habitat
at any given time;
``(C) coordinates with the Integrated Ocean
Observing System and Coast Guard vessel traffic
service centers, and may coordinate with
Regional Ocean Partnerships to leverage
monitoring assets;
``(D) integrates historical data;
``(E) integrates new near real-time
monitoring methods and technologies as they
become available;
``(F) accurately verifies and rapidly
communicates detection data;
``(G) creates standards for allowing ocean
users to contribute data to the monitoring
system using comparable near real-time
monitoring methods and technologies; and
``(H) communicates the risks of injury to
large whales to ocean users in a way that is
most likely to result in informed decision
making regarding the mitigation of those risks.
``(2) National security considerations.--All
monitoring methods, technologies, and protocols under
this section shall be consistent with national security
considerations and interests.
``(3) Access to data.--The Administrator shall
provide access to data generated by the monitoring
system deployed under paragraph (1) for purposes of
scientific research and evaluation, and public
awareness and education, including through the NOAA
Right Whale Sighting Advisory System and WhaleMap or
other successive public web portals, subject to review
for national security considerations.
``(d) Mitigation Protocols.--The Administrator, in
consultation with the Commandant, and with input from affected
stakeholders, develop and deploy mitigation protocols that make
use of the near real-time monitoring system deployed under
subsection (c) to direct sector-specific mitigation measures
that avoid and significantly reduce risk of serious injury and
mortality to North Atlantic right whales.
``(e) Reporting.--
``(1) Preliminary report.--Not later than 2 years
after the date of the enactment of the Don Young Coast
Guard Authorization Act of 2022, the Administrator, in
consultation with the Commandant, shall submit to the
appropriate Congressional Committees and make available
to the public a preliminary report which shall
include--
``(A) a description of the monitoring methods
and technology in use or planned for
deployment;
``(B) analyses of the efficacy of the methods
and technology in use or planned for deployment
for detecting North Atlantic right whales;
``(C) how the monitoring system is directly
informing and improving North American right
whale management, health, and survival;
``(D) a prioritized identification of
technology or research gaps;
``(E) a plan to communicate the risks of
injury to large whales to ocean users in a way
that is most likely to result in informed
decision making regarding the mitigation of
those risks; and
``(F) additional information, as appropriate.
``(2) Final report.--Not later than 6 years after the
date of the enactment of the Don Young Coast Guard
Authorization Act of 2022, the Administrator, in
consultation with the Commandant, shall submit to the
appropriate congressional committees and make available
to the public a final report, addressing the components
in subparagraph (A) and including--
``(A) an assessment of the benefits and
efficacy of the near real-time monitoring and
mitigation program;
``(B) a strategic plan to expand the pilot
program to provide near real-time monitoring
and mitigation measures;
``(i) to additional large whale
species of concern for which such
measures would reduce risk of serious
injury or death; and
``(ii) in important feeding,
breeding, calving, rearing, or
migratory habitats of whales that co-
occur with areas of high risk of
mortality or serious injury of such
whales from vessel strikes or
disturbance;
``(C) a prioritized plan for acquisition,
deployment, and maintenance of monitoring
technologies;
``(D) the locations or species for which the
plan would apply; and
``(E) a budget and description of funds
necessary to carry out the strategic plan.
``(f) Additional Authority.--The Administrator may make
grants enter into contracts, leases, 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.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out this
section $17,000,000 for each of fiscal years 2022 through 2026.
``(h) Definitions.--In this section and section 50701:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the
Committee Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
``(2) Core foraging habitats.--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.
``(3) Near real-time.--The term `near real-time'
means detected activity that is visual, acoustic, or in
any other form, of North Atlantic right whales that are
transmitted and reported as soon as technically
feasible after such detected activity has occurred.
``(4) Large whale.--The term `large whale' means all
Mysticeti species and species within the genera
Physeter and Orcinus.''.
(2) Clerical amendment.--The table of chapters for
subtitle V of title 46, United States Code is amended
by adding after the item related to chapter 505 the
following:
``507. Monitoring and Mitigation................................50701''.
SEC. 518. MANNING AND CREWING REQUIREMENTS FOR CERTAIN VESSELS,
VEHICLES, AND STRUCTURES.
(a) Authorization of Limited Exemptions From Manning and Crew
Requirement.--Chapter 81 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 8108. Exemptions from manning and crew requirements
``(a) In General.--The Secretary may provide an exemption
described in subsection (b) to the owner or operator of a
covered facility if each individual who is manning or crewing
the covered facility is--
``(1) a citizen of the United States;
``(2) an alien lawfully admitted to the United States
for permanent residence; or
``(3) a citizen of the nation under the laws of which
the vessel is documented.
``(b) Requirements for Eligibility for Exemption.--An
exemption under this subsection is an exemption from the
regulations established pursuant to section 30(a)(3) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)(3)).
``(c) Limitations.--An exemption under this section--
``(1) shall provide that the number of individuals
manning or crewing the covered facility who are
described in paragraphs (2) and (3) of subsection (a)
may not exceed two and one- half times the number of
individuals required to man or crew the covered
facility under the laws of the nation under the laws of
which the covered facility is documented; and
``(2) shall be effective for not more than 12 months,
but may be renewed by application to and approval by
the Secretary.
``(d) Application.--To be eligible for an exemption or a
renewal of an exemption under this section, the owner or
operator of a covered facility shall apply to the Secretary
with an application that includes a sworn statement by the
applicant of all information required for the issuance of the
exemption.
``(e) Revocation.--
``(1) In general.--The Secretary--
``(A) may revoke an exemption for a covered
facility under this section if the Secretary
determines that information provided in the
application for the exemption was false or
incomplete, or is no longer true or complete;
and
``(B) shall immediately revoke such an
exemption if the Secretary determines that the
covered facility, in the effective period of
the exemption, was manned or crewed in a manner
not authorized by the exemption.
``(2) Notice required.--The Secretary shall provides
notice of a determination under subparagraph (A) or (B)
of paragraph (1) to the owner or operator of the
covered facility.
``(f) Review of Compliance.--The Secretary shall
periodically, but not less than once annually, inspect each
covered facility that operates under an exemption under this
section to verify the owner or operator of the covered
facility's compliance with the exemption. During an inspection
under this subsection, the Secretary shall require all crew
members serving under the exemption to hold a valid
transportation security card issued under section 70105.
``(g) Penalty.--In addition to revocation under subsection
(e), the Secretary may impose on the owner or operator of a
covered facility a civil penalty of $10,000 per day for each
day the covered facility--
``(1) is manned or crewed in violation of an
exemption under this subsection; or
``(2) operated under an exemption under this
subsection that the Secretary determines was not
validly obtained.
``(h) Notification of Secretary of State.--The Secretary
shall notify the Secretary of State of each exemption issued
under this section, including the effective period of the
exemption.
``(i) Definitions.--In this section:
``(1) Covered facility.--The term `covered facility'
means any vessel, rig, platform, or other vehicle or
structure, over 50 percent of which is owned by
citizens of a foreign nation or with respect to which
the citizens of a foreign nation have the right
effectively to control, except to the extent and to the
degree that the President determines that the
government of such foreign nation or any of its
political subdivisions has implemented, by statute,
regulation, policy, or practice, a national manning
requirement for equipment engaged in the exploring for,
developing, or producing resources, including non-
mineral energy resources in its offshore areas.
``(2) Secretary.--The term `Secretary' means the
Secretary of the department in which the Coast Guard is
operating.''.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the
Secretary shall submit to Congress a report containing
information on each letter of nonapplicability of
section 8109 of title 46, United States Code, with
respect to a covered facility that was issued by the
Secretary during the preceding year.
(2) Contents.--The report under paragraph (1) shall
include, for each covered facility--
(A) the name and International Maritime
Organization number;
(B) the nation in which the covered facility
is documented;
(C) the nationality of owner or owners; and
(D) for any covered facility that was
previously issued a letter of nonapplicability
in a prior year, any changes in the information
described in subparagraphs (A) through (C).
(c) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations that specify the documentary and other requirements
for the issuance of an exemption under the amendment made by
this section.
(d) Existing Exemptions.--
(1) Effect of amendments; termination.--Each
exemption under section 30(c)(2) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1356(c)(2))
issued before the date of the enactment of this Act--
(A) shall not be affected by the amendments
made by this section during the 120-day period
beginning on the date of the enactment of this
Act; and
(B) shall not be effective after such period.
(2) Notification of holders.--Not later than 60 days
after the date of the enactment of this Act, the
Secretary shall notify all persons that hold such an
exemption that it will expire as provided in paragraph
(1).
(e) Clerical Amendment.--The analysis for chapter 81 of the
title 46, United States Code, is amended by adding at the end
the following:
``8108. Exemptions from manning and crew requirements.''.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
SEC. 601. DEFINITIONS.
(a) In General.--Section 2101 of title 46, United States
Code, is amended--
(1) by redesignating paragraphs (45) through (54) as
paragraphs (47) through (56), respectively; and
(2) by inserting after paragraph (44) the following:
``(45) `sexual assault' means any form of abuse or
contact as defined in chapter 109A of title 18, or a
substantially similar State, local, or Tribal offense.
``(46) `sexual harassment' means--
``(A) conduct that--
``(i) involves unwelcome sexual
advances, requests for sexual favors,
or deliberate or repeated offensive
comments or gestures of a sexual nature
if any--
``(I) submission to such
conduct is made either
explicitly or implicitly a term
or condition of employment,
pay, career, benefits, or
entitlements of the individual;
``(II) submission to, or
rejection, of such conduct by
an individual is used as a
basis for decisions affecting
that individual's job, pay,
career, benefits, or
entitlements;
``(III) such conduct has the
purpose or effect of
unreasonably interfering with
an individual's work
performance or creates an
intimidating, hostile, or
offensive work environment; or
``(IV) conduct may have been
by an individual's supervisor,
a supervisor in another area, a
co-worker, or another
credentialed mariner; and
``(ii) is so severe or pervasive that
a reasonable person would perceive, and
the victim does perceive, the
environment as hostile or offensive;
``(B) any use or condonation associated with
first-hand or personal knowledge, by any
individual in a supervisory or command
position, of any form of sexual behavior to
control, influence, or affect the career, pay,
benefits, entitlements, or employment of a
subordinate; and
``(C) any deliberate or repeated unwelcome
verbal comment or gesture of a sexual nature by
any fellow employee of the complainant.''.
(b) Report.--The Commandant of the Coast Guard shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing
any changes the Commandant may propose to the definitions added
by the amendments in subsection (a).
SEC. 602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.
(a) In General.--Chapter 75 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 7511. Convicted sex offender as grounds for denial
``(a) Sexual Abuse.--A license, certificate of registry, or
merchant mariner's document authorized to be issued under this
part shall be denied to an individual who has been convicted of
a sexual offense prohibited under chapter 109A of title 18,
except for subsection (b) of section 2244 of title 18, or a
substantially similar State, local, or Tribal offense.
``(b) Abusive Sexual Contact.--A license, certificate of
registry, or merchant mariner's document authorized to be
issued under this part may be denied to an individual who
within 5 years before applying for the license, certificate, or
document, has been convicted of a sexual offense prohibited
under subsection (b) of section 2244 of title 18, or a
substantially similar State, local, or Tribal offense.''.
(b) Clerical Amendment.--The analysis for chapter 75 of title
46, United States Code, is amended by adding at the end the
following:
``7511. Convicted sex offender as grounds for denial.''.
SEC. 603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR SUSPENSION
OR REVOCATION.
(a) In General.--Chapter 77 of title 46, United States Code,
is amended by inserting after section 7704 the following:
``Sec. 7704a. Sexual harassment or sexual assault as grounds for
suspension or revocation
``(a) Sexual Harassment.--If it is shown at a hearing under
this chapter that a holder of a license, certificate of
registry, or merchant mariner's document issued under this
part, within 5 years before the beginning of the suspension and
revocation proceedings, is the subject of an official finding
of sexual harassment, then the license, certificate of
registry, or merchant mariner's document may be suspended or
revoked.
``(b) Sexual Assault.--If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or
merchant mariner's document issued under this part, within 10
years before the beginning of the suspension and revocation
proceedings, is the subject of an official finding of sexual
assault, then the license, certificate of registry, or merchant
mariner's document shall be revoked.
``(c) Official Finding.--
``(1) In general.--In this section, the term
`official finding' means--
``(A) a legal proceeding or agency finding or
decision that determines the individual
committed sexual harassment or sexual assault
in violation of any Federal, State, local, or
Tribal law or regulation; or
``(B) a determination after an investigation
by the Coast Guard that, by a preponderance of
the evidence, the individual committed sexual
harassment or sexual assault if the
investigation affords appropriate due process
rights to the subject of the investigation.
``(2) Investigation by the coast guard.--An
investigation by the Coast Guard under paragraph (1)(B)
shall include, at a minimum, evaluation of the
following materials that, upon request, shall be
provided to the Coast Guard:
``(A) Any inquiry or determination made by
the employer or former employer of the
individual as to whether the individual
committed sexual harassment or sexual assault.
``(B) Any investigative materials, documents,
records, or files in the possession of an
employer or former employer of the individual
that are related to the claim of sexual
harassment or sexual assault by the individual.
``(3) Administrative law judge review.--
``(A) Coast guard investigation.--A
determination under paragraph (1)(B) shall be
reviewed and affirmed by an administrative law
judge within the same proceeding as any
suspension or revocation of a license,
certificate of registry, or merchant mariner's
document under subsection (a) or (b).
``(B) Legal proceeding.--A determination
under paragraph (1)(A) that an individual
committed sexual harassment or sexual assault
is conclusive in suspension and revocation
proceedings.''.
(b) Clerical Amendment.--The chapter analysis of chapter 77
of title 46, United States Code, is amended by inserting after
the item relating to section 7704 the following:
``7704a. Sexual harassment or sexual assault as grounds for suspension
or revocation.''.
SEC. 604. ACCOMMODATION; NOTICES.
Section 11101 of title 46, United States Code, is amended--
(1) in subsection (a)(3), by striking ``and'' at the
end;
(2) in subsection (a)(4), by striking the period at
the end and inserting ``; and'';
(3) in subsection (a), by adding at the end the
following:
``(5) each crew berthing area shall be equipped with
information regarding--
``(A) vessel owner or company policies
prohibiting sexual assault and sexual
harassment, retaliation, and drug and alcohol
usage; and
``(B) procedures and resources to report
crimes, including sexual assault and sexual
harassment, including information--
``(i) on the contact information,
website address, and mobile application
to the Coast Guard Investigative
Services for reporting of crimes and
the Coast Guard National Command
Center;
``(ii) on vessel owner or company
procedures to report violations of
company policy and access resources;
``(iii) on resources provided by
outside organizations such as sexual
assault hotlines and counseling;
``(iv) on the retention period for
surveillance video recording after an
incident of sexual harassment or sexual
assault is reported; and
``(v) additional items specified in
regulations issued by, and at the
discretion of, the Secretary of the
department in which the Coast Guard is
operating.''; and
(4) in subsection (d), by adding at the end the
following: ``In each washing space in a visible
location there shall be information regarding
procedures and resources to report crimes upon the
vessel, including sexual assault and sexual harassment,
and vessel owner or company policies prohibiting sexual
assault and sexual harassment, retaliation, and drug
and alcohol usage.''.
SEC. 605. PROTECTION AGAINST DISCRIMINATION.
Section 2114(a)(1) of title 46, United States Code, is
amended--
(1) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively; and
(2) by inserting after subparagraph (A) the
following:
``(B) the seaman in good faith has reported or is
about to report to the vessel owner, Coast Guard or
other appropriate Federal agency or department sexual
harassment or sexual assault against the seaman or
knowledge of sexual harassment or sexual assault
against another seaman;''.
SEC. 606. ALCOHOL PROHIBITION.
(a) Regulations.--
(1) In general.--Not later than 1 year after the date
of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall,
taking into account the safety and security of every
individual on documented vessels, issue such
regulations as are necessary relating to alcohol
consumption on documented vessels, according to the
following requirements:
(A) The Secretary shall determine safe levels
of alcohol consumption by crewmembers aboard
documented vessels engaged in commercial
service.
(B) If the Secretary determines there is no
alcohol policy that can be implemented to
ensure a safe environment for crew and
passengers, the Secretary shall implement a
prohibition on possession and consumption of
alcohol by crewmembers while aboard a vessel,
except when possession is associated with the
commercial sale or gift to non-crew members
aboard the vessel.
(C) To the extent a policy establishes safe
levels of alcohol consumption in accordance
with subparagraph (A), such policy shall not
supersede a vessel owner's discretion to
further limit or prohibit alcohol on its
vessels.
(2) Immunity from civil liability.--Any crewmember
who reports an incident of sexual assault or sexual
harassment that is directly related to a violation of
the regulations issued under paragraph (1) is immune
from civil liability for any related violation of such
regulations.
SEC. 607. SURVEILLANCE REQUIREMENTS.
(a) In General.--Part B of subtitle II of title 46, United
States Code, is amended by adding at the end the following:
``CHAPTER 49--OCEANGOING NON-PASSENGER COMMERCIAL VESSELS
``Sec.
``4901. Surveillance requirements.
``Sec. 4901. Surveillance requirements
``(a) In General.--A vessel engaged in commercial service
that does not carry passengers, shall maintain a video
surveillance system.
``(b) Applicability.--The requirements in this section shall
apply to--
``(1) documented vessels with overnight
accommodations for at least 10 persons on board--
``(A) is on a voyage of at least 600 miles
and crosses seaward of the Boundary Line; or
``(B) is at least 24 meters (79 feet) in
overall length and required to have a load line
under chapter 51;
``(2) documented vessels of at least 500 gross tons
as measured under section 14502, or an alternate
tonnage measured under section 14302 as prescribed by
the Secretary under section 14104 on an international
voyage; and
``(3) vessels with overnight accommodations for at
least 10 persons on board that are operating for no
less than 72 hours on waters superjacent to the Outer
Continental Shelf.
``(c) Placement of Video and Audio Surveillance Equipment.--
``(1) In general.--The owner of a vessel to which
this section applies shall install video and audio
surveillance equipment aboard the vessel not later than
2 years after enactment of the Don Young Coast Guard
Authorization Act of 2022, or during the next scheduled
drydock, whichever is later.
``(2) Locations.--Video and audio surveillance
equipment shall be placed in passageways on to which
doors from staterooms open. Such equipment shall be
placed in a manner ensuring the visibility of every
door in each such passageway.
``(d) Notice of Video and Audio Surveillance.--The owner of a
vessel to which this section applies shall provide clear and
conspicuous signs on board the vessel notifying the crew of the
presence of video and audio surveillance equipment.
``(e) Access to Video and Audio Records.--
``(1) In general.--The owner of a vessel to which
this section applies shall provide to any Federal,
state, or other law enforcement official performing
official duties in the course and scope of a criminal
or marine safety investigation, upon request, a copy of
all records of video and audio surveillance that the
official believes is relevant to the investigation.
``(2) Civil actions.--Except as proscribed by law
enforcement authorities or court order, the owner of a
vessel to which this section applies shall, upon
written request, provide to any individual or the
individual's legal representative a copy of all records
of video and audio surveillance--
``(A) in which the individual is a subject of
the video and audio surveillance;
``(B) the request is in conjunction with a
legal proceeding or investigation; and
``(C) that may provide evidence of any sexual
harassment or sexual assault incident in a
civil action.
``(3) Limited access.--The owner of a vessel to which
this section applies shall ensure that access to
records of video and audio surveillance is limited to
the purposes described in this paragraph and not used
as part of a labor action against a crew member or
employment dispute unless used in a criminal or civil
action.
``(f) Retention Requirements.--The owner of a vessel to which
this section applies shall retain all records of audio and
video surveillance for not less than 150 days after the footage
is obtained. Any video and audio surveillance found to be
associated with an alleged incident should be preserved for not
less than 4 years from the date of the alleged incident. The
Federal Bureau of Investigation and the Coast Guard are
authorized access to all records of video and audio
surveillance relevant to an investigation into criminal
conduct.
``(g) Definition.--In this section, the term `owner' means
the owner, charterer, managing operator, master, or other
individual in charge of a vessel.
``(h) Exemption.--Fishing vessels, fish processing vessels,
and fish tender vessels are exempt from this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle
II of title 46, United States Code, is amended by adding after
the item related to chapter 47 the following:
``49. Oceangoing Non-Passenger Commercial Vessels................4901''.
SEC. 608. MASTER KEY CONTROL.
(a) In General.--Chapter 31 of title 46, United States Code,
is amended by adding at the end the following:
``Sec. 3106. Master key control system
``(a) In General.--The owner of a vessel subject to
inspection under section 3301 shall--
``(1) ensure that such vessel is equipped with a
vessel master key control system, manual or electronic,
which provides controlled access to all copies of the
vessel's master key of which access shall only be
available to the individuals described in paragraph
(2);
``(2) establish a list of all crew, identified by
position, allowed to access and use the master key and
maintain such list upon the vessel, within owner
records and included in the vessel safety management
system;
``(3) record in a log book information on all access
and use of the vessel's master key, including--
``(A) dates and times of access;
``(B) the room or location accessed; and
``(C) the name and rank of the crew member
that used the master key; and
``(4) make the list under paragraph (2) and the log
book under paragraph (3) available upon request to any
agent of the Federal Bureau of Investigation, any
member of the Coast Guard, and any law enforcement
officer performing official duties in the course and
scope of an investigation.
``(b) Prohibited Use.--Crew not included on the list
described in subsection (a)(2) shall not have access to or use
the master key unless in an emergency and shall immediately
notify the master and owner of the vessel following use of such
key.
``(c) Requirements for Log Book.--The log book described in
subsection (a)(3) and required to be included in a safety
management system under section 3203(a)(6)--
``(1) may be electronic; and
``(2) shall be located in a centralized location that
is readily accessible to law enforcement personnel.
``(d) Penalty.--Any crew member who uses the master key
without having been granted access pursuant to subsection
(a)(2) shall be liable to the United States Government for a
civil penalty of not more than $1,000 and may be subject to
suspension or revocation under section 7703.
``(e) Exemption.--This section shall not apply to vessels
subject to section 3507(f).''.
(b) Clerical Amendment.--The analysis for chapter 31 of title
46, United States Code, is amended by adding at the end the
following:
``3106. Master key control system.''.
SEC. 609. SAFETY MANAGEMENT SYSTEMS.
Section 3203 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) and (6)
as paragraphs (7) and (8); and
(B) by inserting after paragraph (4) the
following:
``(5) with respect to sexual harassment and sexual
assault, procedures for, and annual training
requirements for all shipboard personnel on--
``(A) prevention;
``(B) bystander intervention;
``(C) reporting;
``(D) response; and
``(E) investigation;
``(6) the log book required under section 3106;'';
(2) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Procedures and Training Requirements.--In prescribing
regulations for the procedures and training requirements
described in subsection (a)(5), such procedures and
requirements shall be consistent with the requirements to
report sexual harassment or sexual assault under section
10104.''.
SEC. 610. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.
Section 10104 of title 46, United States Code, is amended by
striking subsections (a) and (b) and inserting the following:
``(a) Mandatory Reporting by Crew Member.--
``(1) In general.--A crew member of a documented
vessel shall report to the Secretary any complaint or
incident of sexual harassment or sexual assault of
which the crewmember has first-hand or personal
knowledge.
``(2) Penalty.--A crew member with first-hand or
personal knowledge of a sexual assault or sexual
harassment incident on a documented vessel who
knowingly fails to report in compliance with paragraph
(a)(1) is liable to the United States Government for a
civil penalty of not more than $5,000.
``(3) Amnesty.--A crew member who fails to make the
required reporting under paragraph (1) shall not be
subject to the penalty described in paragraph (2) if--
``(A) the crew member is the victim of such
sexual assault or sexual harassment incident;
``(B) the complaint is shared in confidence
with the crew member directly from the victim;
or
``(C) the crew member is a victim advocate as
defined in section 40002(a) of the Violent
Crime Control and Law Enforcement Act of 1994
(34 U.S.C. 12291(a)).
``(b) Mandatory Reporting by Vessel Owner.--
``(1) In general.--A vessel owner or managing
operator of a documented vessel or the employer of a
seafarer on that vessel shall report to the Secretary
any complaint or incident of harassment, sexual
harassment, or sexual assault in violation of employer
policy or law, of which such vessel owner or managing
operator of a vessel engaged in commercial service, or
the employer of the seafarer is made aware. Such
reporting shall include results of any investigation
into the incident, if applicable, and any action taken
against the offending crewmember.
``(2) Penalty.--A vessel owner or managing operator
of a vessel engaged in commercial service, or the
employer of a seafarer on that vessel who knowingly
fails to report in compliance with paragraph (1) is
liable to the United States Government for a civil
penalty of not more than $25,000.
``(c) Reporting Procedures.--
``(1) Crew member reporting.--A report required under
subsection (a)--
``(A) with respect to a crew member, shall be
made as soon as practicable, but no later than
10 days after the crew member develops first-
hand or personal knowledge of the sexual
assault or sexual harassment incident to the
Coast Guard National Command Center by the
fastest telecommunication channel available;
and
``(B) with respect to a master, shall be made
immediately after the master develops first-
hand or personal knowledge of a sexual assault
incident to the Coast Guard National Command
Center by the fastest telecommunication channel
available.
``(2) Vessel owner reporting.--A report required
under subsection (b) shall be made immediately after
the vessel owner, managing operator, or employer of the
seafarer gains knowledge of a sexual assault or sexual
harassment incident by the fastest telecommunication
channel available, and such report shall be made to the
Coast Guard National Command Center and to--
``(A) the nearest Coast Guard Captain of the
Port; or
``(B) the appropriate officer or agency of
the government of the country in whose waters
the incident occurs.
``(3) Contents.--A report required under subsections
(a) and (b) shall include, to the best of the
reporter's knowledge--
``(A) the name, official position or role in
relation to the vessel, and contact information
of the individual making the report;
``(B) the name and official number of the
documented vessel;
``(C) the time and date of the incident;
``(D) the geographic position or location of
the vessel when the incident occurred; and
``(E) a brief description of the alleged
sexual harassment or sexual assault being
reported.
``(4) Information collection.--After receipt of the
report made under this subsection, the Coast Guard will
collect information related to the identity of each
alleged victim, alleged perpetrator, and witness
through means designed to protect, to the extent
practicable, the personal identifiable information of
such individuals.
``(d) Regulations.--The requirements of this section are
effective as of the date of enactment of the Don Young Coast
Guard Authorization Act of 2022. The Secretary may issue
additional regulations to implement the requirements of this
section.''.
SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF SEAMEN.
(a) Personal Injury to or Death of Seamen.--Section 30104(a)
of title 46, United States Code, as so designated by section
505(a)(1), is amended by inserting ``, including an injury
resulting from sexual assault or sexual harassment,'' after
``in the course of employment''.
(b) Time Limit on Bringing Maritime Action.--Section 30106 of
title 46, United States Code, is amended--
(1) in the section heading by striking ``for personal
injury or death'';
(2) by striking ``Except as otherwise'' and inserting
the following:
``(a) In General.--Except as otherwise''; and
(3) by adding at the end the following:
``(b) Extension for Sexual Offense.--A civil action under
subsection (a) arising out of a maritime tort for a claim of
sexual harassment or sexual assault shall be brought not more
than 5 years after the cause of action for a claim of sexual
harassment or sexual assault arose.''.
(c) Clerical Amendment.--The analysis for chapter 301 of
title 46, United States Code, is amended by striking the item
related to section 30106 and inserting the following:
``30106. Time limit on bringing maritime action.''.
SEC. 612. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS.
(a) In General.--Chapter 5 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 564. Administration of sexual assault forensic examination kits
``(a) Requirement.--A Coast Guard vessel that embarks on a
covered voyage shall be--
``(1) equipped with no less than 2 sexual assault and
forensic examination kits; and
``(2) staffed with at least 1 medical professional
qualified and trained to administer such kits.
``(b) Covered Voyage Defined.--In this section, the term
`covered voyage' means a prescheduled voyage of a Coast Guard
vessel that, at any point during such voyage--
``(1) would require the vessel to travel 5
consecutive days or longer at 20 knots per hour to
reach a land-based or afloat medical facility; and
``(2) aeromedical evacuation will be unavailable
during the travel period referenced in paragraph
(1).''.
(b) Clerical Amendment.--The table of sections for chapter 5
of title 14, United States Code, is amended by adding at the
end the following:
``564. Administration of sexual assault forensic examination kits.''.
TITLE VII--TECHNICAL AND CONFORMING PROVISIONS
SEC. 701. TECHNICAL CORRECTIONS.
(a) Section 319(b) of title 14, United States Code, is
amended by striking ``section 331 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting
``section 44801 of title 49''.
(b) Section 1156(c) of title 14, United States Code, is
amended by striking ``section 331 of the FAA Modernization and
Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting
``section 44801 of title 49''.
SEC. 702. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL TECHNICAL
AMENDMENTS.
(a) In General.--Section 70105 of title 46, United States
Code, is amended--
(1) in the section heading by striking ``security
cards'' and inserting ``worker identification
credentials'';
(2) by striking ``transportation security card'' each
place it appears and inserting ``transportation worker
identification credential'';
(3) by striking ``transportation security cards''
each place it appears and inserting ``transportation
worker identification credentials'';
(4) by striking ``card'' each place it appears and
inserting ``credential''
(5) in the heading for subsection (b) by striking
``Cards'' and inserting ``Credentials'';
(6) in subsection (g), by striking ``Assistant
Secretary of Homeland Security for'' and inserting
``Administrator of'';
(7) by striking subsection (i) and redesignating
subsections (j) and (k) as subsections (i) and (j),
respectively;
(8) by striking subsection (l) and redesignating
subsections (m) through (q) as subsections (k) through
(o), respectively;
(9) in subsection (j), as so redesignated--
(A) in the subsection heading by striking
``Security Card'' and inserting ``Worker
Identification Credential''; and
(B) in the heading for paragraph (2) by
striking ``security cards'' and inserting
``worker identification credential'';
(10) in subsection (k)(1), as so redesignated, by
striking ``subsection (k)(3)'' and inserting
``subsection (j)(3)''; and
(11) in subsection (o), as so redesignated--
(A) in the subsection heading by striking
``Security Card'' and inserting ``Worker
Identification Credential'';
(B) in paragraph (1)--
(i) by striking ``subsection (k)(3)''
and inserting ``subsection (j)(3)'';
and
(ii) by striking ``This plan shall''
and inserting ``Such receipt and
activation shall''; and
(C) in paragraph (2) by striking ``on-site
activation capability'' and inserting ``on-site
receipt and activation of transportation worker
identification credentials''.
(b) Clerical Amendment.--The analysis for chapter 701 of
title 46, United States Code, is amended by striking the item
related to section 70105 and inserting the following:
``70105. Transportation worker identification credentials.''.
SEC. 703. REINSTATEMENT.
(a) Reinstatement.--The text of section 12(a) of the Act of
June 21, 1940 (33 U.S.C. 522(a)), popularly known as the
Truman-Hobbs Act, is--
(1) reinstated as it appeared on the day before the
date of enactment of section 8507(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283); and
(2) redesignated as the sole text of section 12 of
the Act of June 21, 1940 (33 U.S.C. 522).
(b) Effective Date.--The provision reinstated by subsection
(a) shall be treated as if such section 8507(b) had never taken
effect.
(c) Conforming Amendment.--The provision reinstated under
subsection (a) is amended by striking ``, except to the extent
provided in this section''.
----------
466. An Amendment To Be Offered by Representative Axne of Iowa or Her
Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 54__. FLEXIBILITY IN ADDRESSING RURAL HOMELESSNESS.
Subsection (a) of section 423 of subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11383(a))
is amended by adding at the end the following:
``(13) Projects in rural areas that consist of one or
more of the following activities:
``(A) Payment of short-term emergency
lodging, including in motels or shelters,
directly or through vouchers.
``(B) Repairs to units--
``(i) in which homeless individuals
and families will be housed; or
``(ii) which are currently not fit
for human habitation.
``(C) Staff training, professional
development, skill development, and staff
retention activities.''.
467. An Amendment To Be Offered by Representative Baird of Indiana or
His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following new section:
SEC. 51__. REQUIREMENT FOR TIMELY SCHEDULING OF APPOINTMENTS AT MEDICAL
FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Requirement.--Chapter 17 of title 38, United States Code,
is amended--
(1) by redesignating section 1706A as section 1706B;
and
(2) by inserting after section 1706 the following new
section:
``Sec. 1706A. Management of health care: timely scheduling of
appointments at Department facilities
``(a) Requirement for Scheduling.--In managing the provision
of hospital care and medical services at medical facilities of
the Department of Veterans Affairs under this chapter, the
Secretary shall ensure that whenever a covered veteran contacts
the Department by telephone to request the scheduling of an
appointment for care or services for the covered veteran at
such a facility, the scheduling for the appointment occurs
during that telephone call (regardless of the prospective date
of the appointment being scheduled).
``(b) Covered Veteran Defined.--In this section, the term
`covered veteran' means a veteran who is enrolled in the system
of patient enrollment of the Department under section 1705(a)
of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 1706A and inserting the following new
items:
``1706A. Management of health care: timely scheduling of appointments at
Department facilities.
``1706B. Remediation of medical service lines.''.
(c) Applicability.--The amendments made by subsection (a)
shall apply with respect to requests for appointment scheduling
occurring on or after the date that is 120 days after the date
of the enactment of this Act.
----------
468. An Amendment To Be Offered by Representative Barr of Kentucky or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 13_. REPORT ON CHINESE SUPPORT TO RUSSIA WITH RESPECT TO ITS
UNPROVOKED INVASION OF AND FULL-SCALE WAR AGAINST
UKRAINE.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act and every 90 days thereafter, the
Secretary of State, in consultation with the Secretary of
Commerce and the Director of National Intelligence as
appropriate, shall submit to the appropriate congressional
committees a report on whether and how the People's Republic of
China, including the Government of the People's Republic of
China, the Chinese Communist Party, any Chinese state-owned
enterprise, and any other Chinese entity, has provided support
to the Russian Federation with respect to its unprovoked
invasion of and full-scale war against Ukraine.
(b) Matters To Be Included.--The report required by
subsection (a) shall include a discussion of the People's
Republic of China support to the Russian Federation with
respect to--
(1) helping the Government of Russia or Russian
entities evade or circumvent United States sanctions or
multilateral sanctions and export controls;
(2) deliberately inhibiting onsite United States
Government export control end-use checks, including
interviews and investigations, in China;
(3) providing Russia with any technology, including
semiconductors classified as EAR99, that supports
Russian intelligence or military capabilities;
(4) establishing economic or financial arrangements
that will have the effect of alleviating the impact of
United States sanctions or multilateral sanctions;
(5) furthering Russia's disinformation and propaganda
efforts;
(6) coordinating to hinder the response of
multilateral organizations, including the United
Nations, to provide assistance to the people or
Government of Ukraine, to condemn Russia's war, to hold
Russia accountable for the invasion and its prosecution
of the war, or to hold those complicit accountable; and
(7) providing any material, technical, or logistical
support, including to Russian military or intelligence
agencies and state-owned or state-linked enterprises.
(c) Form.--
(1) In general.--The report required by subsection
(a) shall be submitted in unclassified form and
published on the Department of State's publicly
available website.
(2) Exception.--If the Secretary, in consultation
with the Director of National Intelligence, certifies
to the appropriate congressional committees that the
Secretary is unable to include an element required
under paragraphs (1) through (7) of subsection (b) in
an unclassified manner, the Secretary shall provide in
unclassified form an affirmative or negative
determination for each element required under
subsections (b)(1)-(7) whether the People's Republic of
China is supporting the Russian Federation in that
manner and concurrently provide the discussion of that
element to the committees at the lowest possible
classification level, consistent with the protection of
sources and methods.
(d) Sunset.--The requirement to submit the report required by
subsection (a) shall terminate on the earlier of--
(1) the date on which the Secretary of State
determines the conflict in Ukraine has ended; or
(2) the date that is 2 years after the date of the
enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(3) the Committee on Foreign Relations, the Committee
on Banking, Housing, and Urban Affairs, and the Select
Committee on Intelligence of the Senate.
----------
469. An Amendment To Be Offered by Representative Bass of California or
Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. STATEMENT OF POLICY AND REPORT ON ENGAGING WITH NIGER.
(a) Statement of Policy.--It is the policy of the United
States to--
(1) continue to support Niger's efforts to advance
democracy, good governance, human rights, and regional
security within its borders through bilateral
assistance and multilateral initiatives;
(2) enhance engagement and cooperation with the
Nigerien government at all levels as a key component of
stabilizing the Sahel, where frequent coups and other
anti-democratic movements, food insecurity, violent
extremism, and armed conflict threaten to further
weaken governments throughout the region; and
(3) work closely with partners and allies throughout
the international community to elevate Niger, which
experienced its first democratic transition of power in
2021, as an example of transitioning from longstanding
military governance and a cycle of coups to a
democratic, civilian-led form of government.
(b) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the heads of relevant departments and
agencies, shall submit to the appropriate congressional
committees a report on interagency efforts to enhance United
States engagement with Niger as a key component of the United
States Strategy toward the Sahel. Such report shall also
include the following information with respect to the 2 fiscal
years preceding the date of the submission of the report:
(1) A description of United States efforts to promote
democracy, political pluralism, fiscal transparency and
other good governance initiatives, human rights and the
rule of law, and a robust and engaged civil society.
(2) A full, detailed breakdown of United States
assistance provided to help the Nigerien Government
develop a comprehensive national security strategy,
including to counter terrorism, regional and
transnational organized crime, intercommunal violence,
and other forms of armed conflict, criminal activity,
and other threats to United States and Nigerien
national security.
(3) An analysis of relevant resources at United
States Embassy Niamey, including whether staff in place
by the end of the current fiscal year will be
sufficient to meet various country and regional
strategic objectives.
(4) An overview of foreign partner support for
Niger's intelligence and security sector.
(5) A detailed description of United States and
international efforts to address food insecurity in
Niger, including that which is caused by deforestation,
desertification, and other climate change-related
issues.
(6) A breakdown of United States funds obligated for
humanitarian assistance in Niger, and an analysis of
how the security situation in Niger has affected
humanitarian operations and diplomatic engagement
throughout the country.
(7) An assessment of foreign malign influence in
Niger, with a specific focus on the People's Republic
of China, the Russian Federation, and their proxies.
(c) Form.--The report required by section (b) shall be
submitted in unclassified form and may include a classified
annex.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
----------
470. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XIII, add the following:
SEC. 13_. REPORT ON INDO-PACIFIC REGION.
(a) In General.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Assistant
Secretary of State for the Bureau of East Asian and
Pacific Affairs, in coordination with the Assistant
Secretary of State for the Bureau of South and Central
Asian Affairs, and Assistant Administrator for the
Bureau for Asia of the United States Agency for
International Development (USAID), shall submit to the
congressional foreign affairs committees a report that
contains a 2-year strategy assessing the resources and
activities required to achieve the policy objectives
described in subsection (c).
(2) Submission and update.--The report and strategy
required by this subsection shall--
(A) be submitted at the same time as the
submission of the budget of the President
(submitted to Congress pursuant to section 1105
of title 31, United States Code) for fiscal
year 2024; and
(B) be updated and submitted at the same time
as the submission of the budget of the
President (submitted to Congress pursuant to
section 1105 of title 31, United States Code)
for fiscal years 2026, 2028, and 2030.
(b) Criteria.--The report and strategy required in subsection
(a) shall be developed in accordance with the following
criteria:
(1) It shall reflect the objective, autonomous, and
independent assessment of the activities, resources,
and costs required to achieve objectives detailed in
subsection (c) by the principals, the subordinate and
parallel offices providing input into the assessment.
(2) It shall cover a period of five fiscal years,
beginning with the fiscal year following the fiscal
year in which the report is submitted.
(3) It shall incorporate input from U.S. Ambassadors
in the Indo-Pacific region provided explicitly for the
required report.
(4) It may include information gathered through
consultation with program offices and subject matter
experts in relevant functional bureaus, as deemed
necessary by the principals.
(5) It shall not be subject to fiscal guidance or
global strategic tradeoffs associated with the annual
President's budget request.
(c) Policy Objectives.--The report and strategy required in
subsection (a) shall assess the activities and resources
required to achieve the following policy objectives:
(1) Implement the Interim National Security Strategic
Guidance, or the most recent National Security
Strategy, with respect to the Indo-Pacific region.
(2) Implement the 2022 Indo-Pacific Strategy, or
successor documents, that set forth the U.S. Government
strategy toward the Indo-Pacific region.
(3) Implement the State-USAID Joint Strategic Plan
with respect to the Indo-Pacific region.
(4) Enhance meaningful diplomatic and economic
relations with allies and partners in the Indo-Pacific
and demonstrate an enduring U.S. commitment to the
region.
(5) Secure and advance U.S. national interests in the
Indo-Pacific, including through countering the malign
influence of the Government of the People's Republic of
China.
(d) Matters To Be Included.--The report and strategy required
under subsection (a) shall include the following:
(1) A description of the Bureaus' bilateral and
multilateral goals for the period covered in the report
that the principals deem necessary to accomplish the
objectives outlined in subsection (c), disaggregated by
country and forum.
(2) A timeline with annual benchmarks for achieving
the objectives described in subsection (c).
(3) An assessment of the sufficiency of U.S.
diplomatic personnel and facilities currently available
in the Indo-Pacific region to achieve the objectives
outlined in subsection (c), through consultation with
U.S. embassies in the region. The assessment shall
include:
(A) A list, in priority order, of locations
in the Indo-Pacific region that require
additional diplomatic personnel or facilities.
(B) A description of locations where the
United States may be able to collocate
diplomatic personnel at allied or partner
embassies and consulates.
(C) A discussion of embassies or consulates
where diplomatic staff could be reduced within
the Indo-Pacific region, where appropriate.
(D) A detailed description of the fiscal and
personnel resources required to fill gaps
identified.
(4) A detailed plan to expand U.S. diplomatic
engagement and foreign assistance presence in the
Pacific Island nations within the next five years,
including a description of ``quick impact'' programs
that can be developed and implemented within the first
fiscal year of the period covered in the report.
(5) A discussion of the resources needed to enhance
U.S. strategic messaging and spotlight coercive PRC
behavior.
(6) A detailed description of the resources and
policy tools needed to expand the United States ability
to offer high-quality infrastructure projects in
strategically significant parts of the Indo-Pacific
region, with a particular focus on expanding
investments in Southeast Asia and the Pacific Islands.
(7) A gap assessment of security assistance by
country, and of the resources needed to fill those
gaps.
(8) A description of the resources and policy tools
needed to facilitate continued private sector
investment in partner countries in the Indo-Pacific.
(9) A discussion of any additional bilateral or
regional assistance resources needed to achieve the
objectives outlined in subsection (c), as deemed
necessary by the principals.
(e) Form.--The report required under subsection (a) shall be
submitted in an unclassified form, but may include a classified
annex.
(f) Availability.--Not later than February 1 each year, the
Assistant Secretary for East Asian and Pacific Affairs shall
make the report and strategy available to the Secretary of
State, the Administrator of the USAID, the Deputy Secretary of
State, the Deputy Secretary of State for Management and
Resources, the Deputy Administrator for Policy and Programming,
the Deputy Administrator for Management and Resources, the
Under Secretary of State for Political Affairs, the Director of
the Office of Foreign Assistance at the Department of State,
the Director of the Bureau of Foreign Assistance at the USAID,
and the Director of Policy Planning.
(g) Definitions.--In this section:
(1) Indo-pacific region.--The term ``Indo-Pacific
region'' means the countries under the jurisdiction of
the Bureau for East Asian and Pacific Affairs, as well
as the countries of Bangladesh, Bhutan, India,
Maldives, Nepal, Pakistan, and Sri Lanka.
(2) Foreign affairs committees.--The term ``foreign
affairs committees'' means the Committee on Foreign
Affairs of the House of Representatives; the Committee
on Foreign Relations of the Senate; the Subcommittee on
State, Foreign Operations, Related Programs of the
Committee on Appropriations of the House of
Representatives; and the Subcommittee on State, Foreign
Operations, and Related Programs of the Committee on
Appropriations of the Senate.
(3) Principals.--The term ``principals'' means the
Assistant Secretary of State for the Bureau of East
Asian and Pacific Affairs, the Assistant Secretary of
State for the Bureau of South and Central Asian
Affairs, and the Assistant Administrator for the Bureau
for Asia of the United States Agency for International
Development.
----------
471. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. INTERAGENCY TASK FORCE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China's (PRC) increasing
use of economic coercion against foreign governments,
companies, organizations, other entities, and
individuals requires that the United States better
understand these measures in order to devise a
comprehensive, effective, and multilateral response;
(2) the private sector is a crucial partner in
helping the United States Government understand the
PRC's coercive economic measures and hold the PRC
accountable, and that additional business transparency
would help the United States Government and private
sector stakeholders conduct early assessments of
potential pressure points and vulnerabilities; and
(3) PRC coercive economic measures creates pressures
for the private sector to behave in ways antithetical
to United States national interests and
competitiveness.
(b) Establishment.--Not later than 180 days after the date of
the enactment of this Act, the President shall establish an
interagency task force to be known as the ``Countering Economic
Coercion Task Force'' (referred to in this section as the
``Task Force'').
(c) Duties.--
(1) In general.--The Task Force shall--
(A) oversee the development and
implementation of an integrated United States
Government strategy to respond to People's
Republic of China (PRC) coercive economic
measures, which shall include--
(i) systematically monitoring and
evaluating--
(I) the costs of such
measures on United States
businesses and overall United
States economic performance;
(II) instances in which such
measures taken against a non-
PRC entity has benefitted other
parties; and
(III) the impacts such
measures have had on United
States national interests; and
(ii) facilitating coordination among
Federal departments and agencies when
responding to such measures as well as
proactively deterring such economic
coercion, including by clarifying the
roles for departments and agencies
identified in subsection (d) in
implementing the strategy;
(B) consult with United States allies and
partners on the feasibility and desirability of
collectively identifying, assessing, and
responding to PRC coercive economic measures,
as well as actions that could be taken to
expand coordination with the goal of ensuring a
consistent, coherent, and collective response
to such measures and establishing long-term
deterrence to such measures;
(C) effectively engage the United States
private sector, particularly sectors, groups,
or other entities that are susceptible to such
PRC coercive economic measures, on concerns
related to such measures; and
(D) develop and implement a process for
regularly sharing relevant information,
including classified information to the extent
appropriate and practicable, on such PRC
coercive economic measures with United States
allies, partners, and the private sector.
(2) Consultation.--In carrying out its duties under
this subsection, the Task Force should regularly
consult, to the extent necessary and appropriate, with
the following:
(A) Relevant stakeholders in the private
sector.
(B) Federal departments and agencies that are
not represented on the Task Force.
(C) United States allies and partners.
(d) Membership.--The President shall--
(1) appoint the chair of the Task Force from among
the staff of the National Security Council;
(2) appoint the vice chair of the Task Force from
among the staff of the National Economic Council; and
(3) direct the head of each of the following Federal
departments and agencies to appoint personnel at the
level of Assistant Secretary or above to participate in
the Task Force:
(A) The Department of State.
(B) The Department of Commerce.
(C) The Department of the Treasury.
(D) The Department of Justice.
(E) The Office of the United States Trade
Representative.
(F) The Department of Agriculture.
(G) The Office of the Director of National
Intelligence and other appropriate elements of
the intelligence community (as defined in
section 3 of the National Security Act of 1947
(50 U.S.C. 3003)).
(H) The Securities and Exchange Commission.
(I) The United States International
Development Finance Corporation.
(J) Any other department or agency designated
by the President.
(e) Reports.--
(1) Initial report.--Not later than one year after
the date of the enactment of this Act, the Task Force
shall submit to the appropriate congressional
committees a report that includes the following
elements:
(A) A comprehensive review of the array of
economic tools the Government of the People's
Republic of China (PRC) employs or could employ
in the future to coerce other governments, non-
PRC companies (including United States
companies), and multilateral institutions and
organizations, including the Government of the
PRC's continued efforts to codify informal
practices into its domestic law.
(B) The strategy required by subsection
(c)(1)(A).
(C) An interagency definition of PRC coercive
economic measures that captures both--
(i) the use of informal or extralegal
PRC coercive economic measures; and
(ii) the illegitimate use of formal
economic tools.
(D) A comprehensive review of the array of
economic and diplomatic tools the United States
Government employs or could employ to respond
to economic coercion against the United States
and United States allies and partners.
(E) A list of unilateral or multilateral--
(i) proactive measures to defend or
deter against PRC coercive economic
measures; and
(ii) actions taken in response to the
Government of the PRC's general use of
coercive economic measures, including
the imposition of reputational costs on
the PRC.
(F) An assessment of areas in which United
States allies and partners are vulnerable to
PRC coercive economic measures.
(G) A description of gaps in existing
resources or capabilities for United States
Government departments and agencies to respond
effectively to PRC coercive economic measures
directed at United States entities and assist
United States allies and partners in their
responses to PRC coercive economic measures.
(H) An analysis of the circumstances under
which the PRC employs different types of
economic coercion and against what kinds of
targets.
(I) An assessment, as appropriate, of
international norms and regulations as well as
any treaty obligations the PRC has stretched,
circumvented, or broken through its
economically coercive practices.
(2) Interim reports.--
(A) First interim report.--Not later than one
year after the date on which the report
required by paragraph (1) is submitted to the
appropriate congressional committees, the Task
Force shall submit to the appropriate
congressional committees a report that includes
the following elements:
(i) Updates to information required
by subparagraphs (A) through (G) of
paragraph (1).
(ii) A description of activities
conducted by the Task Force to
implement the strategy required by
subsection (c)(1)(A).
(iii) An assessment of the
implementation and effectiveness of the
strategy, lessons learned from the past
year, and planned changes to the
strategy.
(B) Second interim report.--Not later than
one year after the date on which the report
required by subparagraph (A) is submitted to
the appropriate congressional committees, the
Task Force shall submit to the appropriate
congressional committees a report that includes
an update to the elements required under the
report required by subparagraph (A).
(3) Final report.--Not later than 30 days after the
date on which the report required by paragraph (2)(B)
is submitted to the appropriate congressional
committees, the Task Force shall submit to the
appropriate congressional committees and also make
available to the public on the website of the Executive
Office of the President a final report that includes
the following elements:
(A) An analysis of PRC coercive economic
measures and the cost of such coercive measures
to United States businesses.
(B) A description of areas of possible
vulnerability for United States businesses and
businesses of United States partners and
allies.
(C) Recommendations on how to continue the
effort to counter PRC coercive economic
measures, including through further
coordination with United States allies and
partners.
(D) A list of cases made public under
subsection (f).
(4) Form.--
(A) Initial and interim reports.--The reports
required by paragraphs (1), (2)(A), and (2)(B)
shall be submitted in unclassified form, but
may include a classified annex.
(B) Final report.--The report required by
paragraph
(3) shall be submitted in unclassified form, but may
include a classified annex.
(f) Publicly Available List.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Task Force shall
to the extent practicable make available to the public
on the website of the Executive Office of the President
a list of cases in the past six months in which open
source reporting indicates that the PRC has directed
coercive economic measures against a non-PRC entity.
(2) Updates.--The list required by paragraph (1)
should be updated every 180 days, and shall be managed
by the Department of State after the termination of the
Task Force under subsection (g).
(g) Sunset.--
(1) In general.--The Task Force shall terminate at
the end of the 60-day period beginning on the date on
which the final report required by subsection (e)(3) is
submitted to the appropriate congressional committees
and made publicly available.
(2) Additional actions.--The Task force may use the
60-day period referred to in paragraph (1) for the
purposes of concluding its activities, including
providing testimony to Congress concerning the final
report required by subsection (e)(3).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the
House of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) Coercive economic measures.--The term ``coercive
economic measures'' includes formal or informal
restrictions or conditions, such as on trade,
investment, development aid, and financial flows,
intended to impose economic costs on a non-People's
Republic of China target in order to achieve strategic
political objectives, including influence over the
policy decisions of a foreign government, company,
organization, or individual.
SEC. 58_. MODIFICATION OF DUTIES OF UNITED STATES-CHINA ECONOMIC AND
SECURITY REVIEW COMMISSION.
Section 1238(c)(2)(H) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (22 U.S.C.
7002(c)(2)(H)) is amended by adding at the end before the
period the following: ``, and the People's Republic of China's
use of such relations to economically or politically coerce
other countries, regions, and international and regional
entities, particularly treaty allies and major partners, to
achieve China's objectives in the preceding year''.
----------
472. An Amendment To Be Offered by Representative Bera of California or
His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. TAIWAN FELLOWSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Agency head.--The term ``agency head'' means, in
the case of the executive branch of United States
Government, or in the case of a legislative branch
agency specified in paragraph (2), the head of the
respective agency.
(2) Agency of the united states government.--The term
``agency of the United States Government'' includes the
Government Accountability Office, the Congressional
Budget Office, the Congressional Research Service, and
the United States-China Economic and Security Review
Commission of the legislative branch, as well as any
agency of the executive branch.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the
Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Appropriations of the
House of Representatives; and
(D) the Committee on Foreign Affairs of the
House of Representatives.
(4) Detailee.--The term ``detailee'' means an
employee of an agency of the United States Government
on loan to the American Institute in Taiwan, without a
change of position from the agency at which such
employee is employed.
(5) Implementing partner.--The term ``implementing
partner'' means any United States organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a)
of such Code that--
(A) is selected through a competitive
process;
(B) performs logistical, administrative, and
other functions, as determined by the
Department of State and the American Institute
of Taiwan, in support of the Taiwan Fellowship
Program; and
(C) enters into a cooperative agreement with
the American Institute in Taiwan to administer
the Taiwan Fellowship Program.
(b) Establishment of Taiwan Fellowship Program.--
(1) Establishment.--The Secretary of State shall
establish the ``Taiwan Fellowship Program'' (hereafter
referred to in this section as the ``Program'') to
provide a fellowship opportunity in Taiwan of up to two
years for eligible United States citizens through the
cooperative agreement established in paragraph (2). The
Department of State, in consultation with the American
Institute in Taiwan and the implementing partner, may
modify the name of the Program.
(2) Cooperative agreements.--
(A) In general.--The American Institute in
Taiwan shall use amounts authorized to be
appropriated pursuant to subsection (f)(1) to
enter into an annual or multi-year cooperative
agreement with an appropriate implementing
partner.
(B) Fellowships.--The Department of State, in
consultation with the American Institute in
Taiwan and, as appropriate, the implementing
partner, shall award to eligible United States
citizens, subject to available funding--
(i) not fewer than five fellowships
during the first two years of the
Program; and
(ii) not fewer than ten fellowships
during each of the remaining years of
the Program.
(3) International agreement; implementing partner.--
Not later than 30 days after the date of the enactment
of this Act, the American Institute in Taiwan, in
consultation with the Department of State, shall--
(A) begin negotiations with the Taipei
Economic and Cultural Representative Office, or
with another appropriate entity, for the
purpose of entering into an agreement to
facilitate the placement of fellows in an
agency of the governing authorities on Taiwan;
and
(B) begin the process of selecting an
implementing partner, which--
(i) shall agree to meet all of the
legal requirements required to operate
in Taiwan; and
(ii) shall be composed of staff who
demonstrate significant experience
managing exchange programs in the Indo-
Pacific region.
(4) Curriculum.--
(A) First year.--During the first year of
each fellowship under this subsection, each
fellow should study--
(i) the Mandarin Chinese language;
(ii) the people, history, and
political climate on Taiwan; and
(iii) the issues affecting the
relationship between the United States
and the Indo-Pacific region.
(B) Second year.--During the second year of
each fellowship under this section, each
fellow, subject to the approval of the
Department of State, the American Institute in
Taiwan, and the implementing partner, and in
accordance with the purposes of this Act, shall
work in--
(i) a parliamentary office, ministry,
or other agency of the governing
authorities on Taiwan; or
(ii) an organization outside of the
governing authorities on Taiwan, whose
interests are associated with the
interests of the fellow and the agency
of the United States Government from
which the fellow had been employed.
(5) Flexible fellowship duration.--Notwithstanding
any requirement under this section, the Secretary of
State, in consultation with the American Institute in
Taiwan and, as appropriate, the implementing partner,
may award fellowships that have a duration of between
nine months and two years, and may alter the curriculum
requirements under paragraph (4) for such purposes.
(6) Sunset.--The Program shall terminate ten years
after the date of the enactment of this Act.
(c) Program Requirements.--
(1) Eligibility requirements.--A United States
citizen is eligible for a fellowship under this section
if he or she--
(A) is an employee of the United States
Government;
(B) has received at least one exemplary
performance review in his or her current United
States Government role within at least the last
three years prior to the beginning the
fellowship;
(C) has at least two years of experience in
any branch of the United States Government;
(D) has a demonstrated professional or
educational background in the relationship
between the United States and countries in the
Indo-Pacific region; and
(E) has demonstrated his or her commitment to
further service in the United States
Government.
(2) Responsibilities of fellows.--Each recipient of a
fellowship under this section shall agree, as a
condition of such fellowship--
(A) to maintain satisfactory progress in
language training and appropriate behavior in
Taiwan, as determined by the Department of
State, the American Institute in Taiwan and, as
appropriate, its implementing partner;
(B) to refrain from engaging in any
intelligence or intelligence-related activity
on behalf of the United States Government; and
(C) to continue Federal Government employment
for a period of not less than four years after
the conclusion of the fellowship or for not
less than two years for a fellowship that is
one year or shorter.
(3) Responsibilities of implementing partner.--
(A) Selection of fellows.--The implementing
partner, in close coordination with the
Department of State and the American Institute
in Taiwan, shall--
(i) make efforts to recruit
fellowship candidates who reflect the
diversity of the United States;
(ii) select fellows for the Program
based solely on merit, with appropriate
supervision from the Department of
State and the American Institute in
Taiwan; and
(iii) prioritize the selection of
candidates willing to serve a
fellowship lasting one year or longer.
(B) First year.--The implementing partner
should provide each fellow in the first year
(or shorter duration, as jointly determined by
the Department of State and the American
Institute in Taiwan for those who are not
serving a two-year fellowship) with--
(i) intensive Mandarin Chinese
language training; and
(ii) courses in the politic, culture,
and history of Taiwan, China, and the
broader Indo-Pacific.
(C) Waiver of required training.--The
Department of State, in coordination with the
American Institute in Taiwan and, as
appropriate, the implementing partner, may
waive any of the training required under
subparagraph (B) to the extent that a fellow
has Mandarin Chinese language skills, knowledge
of the topic described in subparagraph (B)(ii),
or for other related reasons approved by the
Department of State and the American Institute
in Taiwan. If any of the training requirements
are waived for a fellow serving a two-year
fellowship, the training portion of his or her
fellowship may be shortened to the extent
appropriate.
(D) Office; staffing.--The implementing
partner, in consultation with the Department of
State and the American Institute in Taiwan,
shall maintain an office and at least one full-
time staff member in Taiwan--
(i) to liaise with the American
Institute in Taiwan and the governing
authorities on Taiwan; and
(ii) to serve as the primary in-
country point of contact for the
recipients of fellowships under this
section and their dependents.
(E) Other functions.--The implementing
partner should perform other functions in
association in support of the Program,
including logistical and administrative
functions, as prescribed by the Department of
State and the American Institute in Taiwan.
(4) Noncompliance.--
(A) In general.--Any fellow who fails to
comply with the requirements under this section
shall reimburse the American Institute in
Taiwan for--
(i) the Federal funds expended for
the fellow's participation in the
fellowship, as set forth in
subparagraphs (B) and (C); and
(ii) interest accrued on such funds
(calculated at the prevailing rate).
(B) Full reimbursement.--Any fellow who
violates subparagraph (A) or (B) of paragraph
(2) shall reimburse the American Institute in
Taiwan in an amount equal to the sum of--
(i) all of the Federal funds expended
for the fellow's participation in the
fellowship; and
(ii) interest on the amount specified
in clause (i), which shall be
calculated at the prevailing rate.
(C) Pro rata reimbursement.--Any fellow who
violates paragraph (2)(C) shall reimburse the
American Institute in Taiwan in an amount equal
to the difference between--
(i) the amount specified in
subparagraph (B); and
(ii) the product of--
(I) the amount the fellow
received in compensation during
the final year of the
fellowship, including the value
of any allowances and benefits
received by the fellow;
multiplied by
(II) the percentage of the
period specified in paragraph
(2)(C) during which the fellow
did not remain employed by the
United States Government.
(5) Annual report.--Not later than 90 days after the
selection of the first class of fellows under this Act,
and annually thereafter for ten years, the Department
of State shall offer to brief the appropriate
congressional committees regarding the following
issues:
(A) An assessment of the performance of the
implementing partner in fulfilling the purposes
of this section.
(B) The number of applicants each year, the
number of applicants willing to serve a
fellowship lasting one year or longer, and the
number of such applicants selected for the
fellowship.
(C) The names and sponsoring agencies of the
fellows selected by the implementing partner
and the extent to which such fellows represent
the diversity of the United States.
(D) The names of the parliamentary offices,
ministries, other agencies of the governing
authorities on Taiwan, and nongovernmental
institutions to which each fellow was assigned.
(E) Any recommendations, as appropriate, to
improve the implementation of the Program,
including added flexibilities in the
administration of the program.
(F) An assessment of the Program's value upon
the relationship between the United States and
Taiwan or the United States and Asian
countries.
(6) Annual financial audit.--
(A) In general.--The financial records of any
implementing partner shall be audited annually
in accordance with generally accepted auditing
standards by independent certified public
accountants or independent licensed public
accountants who are certified or licensed by a
regulatory authority of a State or another
political subdivision of the United States.
(B) Location.--Each audit under subparagraph
(A) shall be conducted at the place or places
where the financial records of the implementing
partner are normally kept.
(C) Access to documents.--The implementing
partner shall make available to the accountants
conducting an audit under subparagraph (A)--
(i) all books, financial records,
files, other papers, things, and
property belonging to, or in use by,
the implementing partner that are
necessary to facilitate the audit; and
(ii) full facilities for verifying
transactions with the balances or
securities held by depositories, fiscal
agents, and custodians.
(D) Report.--
(i) In general.--Not later than six
months after the end of each fiscal
year, the implementing partner shall
provide a report of the audit conducted
for such fiscal year under subparagraph
(A) to the Department of State and the
American Institute in Taiwan.
(ii) Contents.--Each audit report
shall--
(I) set forth the scope of
the audit;
(II) include such statements,
along with the auditor's
opinion of those statements, as
may be necessary to present
fairly the implementing
partner's assets and
liabilities, surplus or
deficit, with reasonable
detail;
(III) include a statement of
the implementing partner's
income and expenses during the
year; and
(IV) include a schedule of--
(aa) all contracts
and cooperative
agreements requiring
payments greater than
$5,000; and
(bb) any payments of
compensation, salaries,
or fees at a rate
greater than $5,000 per
year.
(iii) Copies.--Each audit report
shall be produced in sufficient copies
for distribution to the public.
(d) Taiwan Fellows on Detail From Government Service.--
(1) In general.--
(A) Detail authorized.--With the approval of
the Secretary of State, an agency head may
detail, for a period of not more than two
years, an employee of the agency of the United
States Government who has been awarded a
fellowship under this Act, to the American
Institute in Taiwan for the purpose of
assignment to the governing authorities on
Taiwan or an organization described in
subsection (b)(4)(B)(ii).
(B) Agreement.--Each detailee shall enter
into a written agreement with the Federal
Government before receiving a fellowship, in
which the fellow shall agree--
(i) to continue in the service of the
sponsoring agency at the end of
fellowship for a period of at least
four years (or at least two years if
the fellowship duration is one year or
shorter) unless such detailee is
involuntarily separated from the
service of such agency; and
(ii) to pay to the American Institute
in Taiwan any additional expenses
incurred by the United States
Government in connection with the
fellowship if the detailee voluntarily
separates from service with the
sponsoring agency before the end of the
period for which the detailee has
agreed to continue in the service of
such agency.
(C) Exception.--The payment agreed to under
subparagraph (B)(ii) may not be required of a
detailee who leaves the service of the
sponsoring agency to enter into the service of
another agency of the United States Government
unless the head of the sponsoring agency
notifies the detailee before the effective date
of entry into the service of the other agency
that payment will be required under this
subsection.
(2) Status as government employee.--A detailee--
(A) is deemed, for the purpose of preserving
allowances, privileges, rights, seniority, and
other benefits, to be an employee of the
sponsoring agency;
(B) is entitled to pay, allowances, and
benefits from funds available to such agency,
which is deemed to comply with section 5536 of
title 5, United States Code; and
(C) may be assigned to a position with an
entity described in subsection (b)(4)(B)(i) if
acceptance of such position does not involve--
(i) the taking of an oath of
allegiance to another government; or
(ii) the acceptance of compensation
or other benefits from any foreign
government by such detailee.
(3) Responsibilities of sponsoring agency.--
(A) In general.--The agency of the United
States Government from which a detailee is
detailed should provide the fellow allowances
and benefits that are consistent with
Department of State Standardized Regulations or
other applicable rules and regulations,
including--
(i) a living quarters allowance to
cover the cost of housing in Taiwan;
(ii) a cost of living allowance to
cover any possible higher costs of
living in Taiwan;
(iii) a temporary quarters
subsistence allowance for up to seven
days if the fellow is unable to find
housing immediately upon arriving in
Taiwan;
(iv) an education allowance to assist
parents in providing the fellow's minor
children with educational services
ordinarily provided without charge by
public schools in the United States;
(v) moving expenses to transport
personal belongings of the fellow and
his or her family in their move to
Taiwan, which is comparable to the
allowance given for American Institute
in Taiwan employees assigned to Taiwan;
and
(vi) an economy-class airline ticket
to and from Taiwan for each fellow and
the fellow's immediate family.
(B) Modification of benefits.--The American
Institute in Taiwan and its implementing
partner, with the approval of the Department of
State, may modify the benefits set forth in
subparagraph (A) if such modification is
warranted by fiscal circumstances.
(4) No financial liability.--The American Institute
in Taiwan, the implementing partner, and any governing
authorities on Taiwan or nongovernmental entities in
Taiwan at which a fellow is detailed during the second
year of the fellowship may not be held responsible for
the pay, allowances, or any other benefit normally
provided to the detailee.
(5) Reimbursement.--Fellows may be detailed under
paragraph (1)(A) without reimbursement to the United
States by the American Institute in Taiwan.
(6) Allowances and benefits.--Detailees may be paid
by the American Institute in Taiwan for the allowances
and benefits listed in paragraph (3).
(e) GAO Report.--Not later than one year prior to the sunset
of the Program pursuant to subsection (b)(6), the Comptroller
General of the United States shall transmit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report that includes
the following:
(1) An analysis of United States Government
participants in the Program, including the number of
applicants and the number of fellowships undertaken,
the places of employment.
(2) An assessment of the costs and benefits for
participants in the Program and for the United States
Government of such fellowships.
(3) An analysis of the financial impact of the
fellowship on United States Government offices that
have detailed fellows to participate in the Program.
(4) Recommendations, if any, on how to improve the
Program.
(f) Funding.--
(1) Authorization of appropriations.--There are
authorized to be appropriated to the American Institute
in Taiwan--
(A) for fiscal year 2023, $2,900,000, of
which $500,000 should be used by an appropriate
implementing partner to launch the Program; and
(B) for fiscal year 2024, and each succeeding
fiscal year, $2,400,000.
(2) Private sources.--Subject to appropriation, the
implementing partner selected to implement the Program
may accept, use, and dispose of gifts or donations of
services or property in carrying out such program,
subject to the review and approval of the American
Institute in Taiwan.
----------
473. An Amendment To Be Offered by Representative Blumenauer of Oregon
or His Designee, Debatable for 10 Minutes
At the end of title LI of division E, add the following:
SEC. __. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING
VETERAN PARTICIPATION IN STATE MARIJUANA PROGRAMS.
(a) In General.--Notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall authorize physicians
and other health care providers employed by the Department of
Veterans Affairs to--
(1) provide recommendations and opinions to veterans
who are residents of States with State marijuana
programs regarding the participation of veterans in
such State marijuana programs; and
(2) complete forms reflecting such recommendations
and opinions.
(b) State Defined.--In this section, the term ``State'' means
each of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, any territory or possession of the
United States, and each federally recognized Indian Tribe.
----------
474. An Amendment To Be Offered by Representative Blumenauer of Oregon
or His Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. 53__. EXTREME WEATHER EVENTS.
(a) Definitions.--
(1) In general.--Section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133) is amended--
(A) by amending subsection (a) to read as
follows:
``(a) Definition of Underserved Community.--In this section,
the term `underserved community' means a community, or a
neighborhood within a community, that--
``(1) is classified as high risk according to census
tract risk ratings derived from a product that--
``(A) is maintained under a natural hazard
assessment program;
``(B) is available to the public;
``(C) defines natural hazard risk across the
United States;
``(D) reflects high levels of individual
hazard risk ratings;
``(E) reflects high social vulnerability
ratings and low community resilience ratings;
``(F) reflects the principal natural hazard
risks identified for the respective census
tracts; and
``(G) any other elements determined by the
President.
``(2) is comprised of 50,000 or fewer individuals and
is economically disadvantaged, as determined by the
State in which the community is located and based on
criteria established by the President; or
``(3) is otherwise determined by the President based
on factors including, high housing cost burden and
substandard housing, percentage of homeless population,
limited water and sanitation access, demographic
information such as race, age, and disability, language
composition, transportation access or type,
disproportionate environmental stressor burden, and
disproportionate impacts from climate change.'';
(B) in subsection (g)(9) by striking ``small
impoverished communities'' and inserting
``underserved communities''; and
(C) in subsection (h)(2)--
(i) in the heading by striking
``Small impoverished communities'' and
inserting ``Underserved communities'';
and
(ii) by striking ``small impoverished
community'' and inserting ``underserved
community''.
(2) Applicability.--The amendments made by subsection
(a) shall apply with respect to any amounts
appropriated on or after the date of enactment of this
Act.
(b) Guidance on Extreme Temperature Events.--Not later than 1
year after the date of enactment of this Act, the Administrator
of the Federal Emergency Management Administration shall issue
guidance related to extreme temperature events, including heat
waves and freezes, and publish such guidance in the Federal
Emergency Management Administration Public Assistance Program
and Policy Guide.
(c) Hazard Mitigation Plans.--Section 322 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5165) is amended--
(1) in subsection (a) by striking the period at the
end and inserting ``, including--
``(1) identifying the extent to which resilience is
or will be incorporated into other planning processes,
including community land use, economic development,
capital improvement budgets and transportation planning
processes;
``(2) goals and objectives related to increasing
resilience over a 5-year period, including benchmarks
for future work and an assessment of past progress;
``(3) the building codes in existence at the time the
plan is submitted and standards that are in use by the
State for all manner of planning or development
purposes and how the State has or will comply with the
standards set forth in section 406(e)(1)(A);
``(4) the use of nature-based solutions or other
mitigation activities that conserve or restore natural
features that can serve to abate or lessen the impacts
of future disasters;
``(5) integration of each local mitigation plan with
the State, Indian Tribe, or territory plan; and
``(6) the disparate impacts on underserved
communities (as such term is defined in section 203(a))
and plans to address any disparities.''; and
(2) by adding at the end the following:
``(f) Guidance.--The Administrator of the Federal Emergency
Management Agency shall issue specific guidance on resilience
goals and provide technical assistance for States, Indian
Tribes, territories, and local governments to meet such goals.
``(g) Adequate Staffing.--The Administrator of the Federal
Emergency Management Agency shall ensure that ample staff are
available to develop the guidance and technical assistance
under section 322, including hazard mitigation planning staff
and personnel with expertise in community planning, land use
development, and consensus based codes and hazard resistant
designs at each regional office that specifically focus on
providing financial and non-financial direct technical
assistance to States, Indian Tribes, and territories.
``(h) Reporting.--Not less frequently than every 5 years, the
Administrator shall submit to Congress a report on the progress
of meeting the goals under this section.''.
(d) Additional Uses of Funds.--Section 408 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174) is amended by adding at the end the following:
``(k) Additional Uses of Funds.--For State and local
governments that have exceeded, adopted, or are implementing
the latest two published editions of relevant consensus-based
codes, specifications, and standards that incorporate the
latest hazard-resistant designs and establish minimum
acceptable criteria for the design, construction, and
maintenance of residential structures and facilities, a
recipient of assistance provided under this paragraph may use
such assistance in a manner consistent with the standards set
forth in clauses (ii) and (iii) of section 406(e)(1)(A).''.
(e) Collaboration With Other Agencies.--In awarding grants
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Administrator of
the Federal Emergency Management Agency may coordinate with
other relevant agencies, including the Environmental Protection
Agency, the Department of Energy, the Department of
Transportation, the Corps of Engineers, the Department of
Agriculture, and the Department of Housing and Urban
Development, as necessary, to improve collaboration for
eligible activities under the Act.
(f) GAO Reports.--
(1) Extreme temperature events.--Not later than 1
year after the date of enactment of this Act, and every
5 years thereafter, the Comptroller General of the
United States shall evaluate and issue to Congress and
the Federal Emergency Management Agency a report
regarding the impacts of extreme temperatures events on
communities, the challenges posed to the Federal
Emergency Management Agency in addressing extreme
temperature events, and recommendations for the Federal
Emergency Management Agency to better provide
assistance to communities experiencing extreme
temperature events. The report may also include
examples of specific mitigation and resilience projects
that communities may undertake, and the Federal
Emergency Management Agency may consider, to reduce the
impacts of extreme temperatures on and within building
structures, participatory processes that allow for
public engagement in determining and addressing local
risks and vulnerabilities related to extreme
temperatures events, and community infrastructure,
including heating or cooling shelters.
(2) Smoke and indoor air quality.--Not later than 1
year after the date of enactment of this Act, and every
5 years thereafter, the Comptroller General shall
evaluate and issue to Congress and the Federal
Emergency Management Agency a report regarding the
impacts of wildfire smoke and poor indoor air quality,
the challenges posed to Federal Emergency Management
Agency in addressing wildfire smoke and indoor air
quality, and recommendations for the Federal Emergency
Management Agency to better provide assistance to
communities and individuals in dealing with wildfire
smoke and indoor air quality.
(g) Report Congress and Update of Cost Effectiveness
Determinations and Declarations.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency, in coordination with the
Director of the Office of Management and Budget, shall
submit to Congress a report regarding the challenges
posed by the Agency's requirements for declaring an
incident or determining the cost effectiveness of
mitigation activities and specifically how such
requirements may disproportionately burden small
impoverished communities, or specific vulnerable
populations within communities.
(2) Update of cost effectiveness determination.--Not
later than 5 years after the date of enactment of this
Act, the Administrator, to the extent practicable,
shall update the requirements for determining cost
effectiveness and declaring incidents, including
selection of appropriate interest rates, based on the
findings made under subsection (a).
----------
475. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. ___. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS OF
PAYROLL COSTS UNDER HIGHWAY AND PUBLIC
TRANSPORTATION PROJECT COST-REIMBURSEMENT
CONTRACTS.
(a) In General.--Notwithstanding section 31.201-5 of title
48, Code of Federal Regulations (or successor regulations), for
the purposes of any cost-reimbursement contract awarded in
accordance with section 112 of title 23, United States Code, or
section 5325 of title 49, United States Code, or any
subcontract under such a contract, no cost reduction or cash
refund (including through a reduced indirect cost rate) shall
be due to the Department of Transportation or to a State
transportation department, transit agency, or other recipient
of assistance under chapter 1 of title 23, United States Code,
or chapter 53 of title 49, United States Code, on the basis of
forgiveness of the payroll costs of a covered loan (as those
terms are defined in section 7A(a) of the Small Business Act
(15 U.S.C. 636m(a))) issued under the paycheck protection
program under section 7(a)(36) of that Act (15 U.S.C.
636(a)(36)).
(b) Saving Provision.--Nothing in this section amends or
exempts the prohibitions and liabilities under section 3729 of
title 31, United States Code.
(c) Termination.--This section ceases to be effective on June
30, 2025.
----------
476. An Amendment To Be Offered by Representative Brownley of
California or Her Designee, Debatable for 10 Minutes
At the end of title LI, insert the following new section:
SEC. 51__. ANNUAL REPORT FROM THE ADVISORY COMMITTEE ON WOMEN VETERANS.
Subsection (c)(1) of section 542 of title 38, United States
Code, is amended by striking ``even-numbered year'' and
inserting ``year''.
----------
477. An Amendment To Be Offered by Representative Brownley of
California or Her Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 5806. BILITERACY EDUCATION SEAL AND TEACHING ACT.
(a) Department of Education Grants for State Seal of
Biliteracy Programs.--
(1) Establishment of program.--
(A) In general.--From amounts made available
under paragraph (6), the Secretary of Education
shall award grants, on a competitive basis, to
States to enable the States to establish or
improve, and carry out, Seal of Biliteracy
programs to recognize student proficiency in
speaking, reading, and writing in both English
and a second language.
(B) Inclusion of native american languages.--
Notwithstanding subparagraph (A), each Seal of
Biliteracy program shall contain provisions
allowing the use of Native American languages,
including allowing speakers of any Native
American language recognized as official by any
American government, including any Tribal
government, to use equivalent proficiency in
speaking, reading, and writing in the Native
American language in lieu of proficiency in
speaking, reading, and writing in English.
(C) Duration.--A grant awarded under this
subsection shall be for a period of 2 years,
and may be renewed at the discretion of the
Secretary.
(D) Renewal.--At the end of a grant term, a
State that receives a grant under this
subsection may reapply for a grant under this
subsection.
(E) Limitations.--A State shall not receive
more than 1 grant under this subsection at any
time.
(F) Return of unspent grant funds.--Each
State that receives a grant under this
subsection shall return any unspent grant funds
not later than 6 months after the date on which
the term for the grant ends.
(2) Grant application.--A State that desires a grant
under this subsection shall submit an application to
the Secretary at such time, in such manner, and
containing such information and assurances as the
Secretary may require, including--
(A) a description of the criteria a student
must meet to demonstrate the proficiency in
speaking, reading, and writing in both
languages necessary for the State Seal of
Biliteracy program;
(B) a detailed description of the State's
plan--
(i) to ensure that English learners
and former English learners are
included in the State Seal of
Biliteracy program;
(ii) to ensure that--
(I) all languages, including
Native American languages, can
be tested for the State Seal of
Biliteracy program; and
(II) Native American language
speakers and learners are
included in the State Seal of
Biliteracy program, including
students at tribally controlled
schools and at schools funded
by the Bureau of Indian
Education; and
(iii) to reach students, including
eligible students described in
paragraph (3)(B) and English learners,
their parents, and schools with
information regarding the State Seal of
Biliteracy program;
(C) an assurance that a student who meets the
requirements under subparagraph (A) and
paragraph (3) receives--
(i) a permanent seal or other marker
on the student's secondary school
diploma or its equivalent; and
(ii) documentation of proficiency on
the student's official academic
transcript; and
(D) an assurance that a student is not
charged a fee for providing information under
paragraph (3)(A).
(3) Student participation in a seal of biliteracy
program.--
(A) In general.--To participate in a Seal of
Biliteracy program, a student shall provide
information to the State that serves the
student at such time, in such manner, and
including such information and assurances as
the State may require, including an assurance
that the student has met the criteria
established by the State under paragraph
(2)(A).
(B) Student eligibility for participation.--A
student who gained proficiency in a second
language outside of school may apply under
subparagraph (A) to participate in a Seal of
Biliteracy program.
(4) Use of funds.--Grant funds made available under
this subsection shall be used for--
(A) the administrative costs of establishing
or improving, and carrying out, a Seal of
Biliteracy program that meets the requirements
of paragraph (2); and
(B) public outreach and education about the
Seal of Biliteracy program.
(5) Report.--Not later than 18 months after receiving
a grant under this subsection, a State shall issue a
report to the Secretary describing the implementation
of the Seal of Biliteracy program for which the State
received the grant.
(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection $10,000,000 for each of fiscal years 2023
through 2027.
(b) Definitions.--In this section:
(1) The terms ``English learner'', ``secondary
school'', and ``State'' have the meanings given those
terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) The term ``Native American languages'' has the
meaning given the term in section 103 of the Native
American Languages Act (25 U.S.C. 2902).
(3) The term ``Seal of Biliteracy program'' means any
program described in subsection (b)(1) that is
established or improved, and carried out, with funds
received under this section.
(4) The term ``second language'' means any language
other than English (or a Native American language,
pursuant to subsection (b)(1)(B)), including Braille,
American Sign Language, or a Classical language.
(5) The term ``Secretary'' means the Secretary of
Education.
----------
478. An Amendment To Be Offered by Representative Brownley of
California or Her Designee, Debatable for 10 Minutes
Add at the end of title LI of division E the following:
SEC. ___. VA PAYMENTS OR ALLOWANCES FOR BENEFICIARY TRAVEL.
Section 111(g) of title 38, United States Code, is amended--
(1) by striking ``(1) Beginning one year after the
date of the enactment of the Caregivers and Veterans
Omnibus Health Services Act of 2010, the Secretary
may'' and inserting ``The Secretary shall'';
(2) by striking ``to be'' and inserting ``to be at
least''; and
(3) by striking paragraph (2).
----------
479. An Amendment To Be Offered by Representative Cammack of Florida or
Her Designee, Debatable for 10 Minutes
At the end of title LII, add the following new section:
SEC. 52__. DEPARTMENT OF HOMELAND SECURITY REPORT RELATING TO
ESTABLISHMENT OF PRECLEARANCE FACILITY IN TAIWAN.
(a) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Secretary
of Commerce, shall submit to the appropriate
congressional committees a report that includes an
assessment of establishing a preclearance facility in
Taiwan.
(2) Elements.--The assessment required under
paragraph (1) shall include the following:
(A) An assessment with respect to the
feasibility and advisability of establishing a
CBP Preclearance facility in Taiwan.
(B) An assessment with respect to the
national security, homeland security, and law
enforcement benefits of establishing a CBP
Preclearance facility in Taiwan.
(C) An assessment of the impacts preclearance
operations in Taiwan will have with respect
to--
(i) trade and travel, including
impacts on passengers traveling to the
United States; and
(ii) CBP staffing.
(D) Country-specific information relating
to--
(i) anticipated benefits to the
United States; and
(ii) security vulnerabilities
associated with such preclearance
operations.
(b) Definitions.--In this section--
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security, the
Committee on Financial Services, and the
Committee on Ways and Means of the House of
Representatives; and
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Finance, and
the Joint Committee on Taxation of the Senate.
(2) The term ``CBP'' means U.S. Customs and Border
Protection.
----------
480. An Amendment To Be Offered by Representative Cammack of Florida or
Her Designee, Debatable for 10 Minutes
Add at the end of title LII of division E the following:
SEC. 5206. HUMAN TRAFFICKING TRAINING.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 is amended by inserting after section 884
(6 U.S.C. 464) the following new section:
``SEC. 884A. HUMAN TRAFFICKING TRAINING.
``(a) In General.--The Director of the Federal Law
Enforcement Training Centers (FLETC) is authorized, in
accordance with this section, to establish a human trafficking
awareness training program within the Federal Law Enforcement
Training Centers.
``(b) Training Purposes.--The human trafficking awareness
training program referred to in subsection (a), shall, if
established, provide to State, local, Tribal, territorial, and
educational institution law enforcement personnel training
courses relating to the following:
``(1) An in-depth understanding of the definition of
human trafficking.
``(2) An ability to recognize indicators of human
trafficking.
``(3) Information on industries and common locations
known for human trafficking.
``(4) Human trafficking response measures, including
a victim-centered approach.
``(5) Human trafficking reporting protocols.
``(6) An overview of Federal statutes and applicable
State law related to human trafficking.
``(7) Additional resources to assist with suspected
human trafficking cases, as necessary.
``(c) Integration With Existing Programs.--To the extent
practicable, human trafficking awareness training, including
principles and learning objectives, should be integrated into
other training programs operated by the Federal Law Enforcement
Training Centers.
``(d) Coordination.--The Director of FLETC, or the designee
of such Director, shall coordinate with the Director of the
Department's Blue Campaign, or the designee of such Director,
in the development and delivery of human trafficking awareness
training programs.
``(e) Human Trafficking Defined.--In this section, the term
`human trafficking' means an act or practice described in
paragraph (11) or (12) of section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
``(f) Authorization of Appropriations.--There is authorized
to be appropriated $2,300,000 for each of fiscal years 2023
through 2028.''.
(b) Technical Amendment.--Subsection (a) of section 434 of
the Homeland Security Act of 2002 (6 U.S.C. 242) is amended by
striking ``paragraph (9) or (10)'' and inserting ``paragraph
(11) or (12)''.
(c) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 884 the following
new item:
``Sec. 884A. Human trafficking training.''.
----------
481. An Amendment To Be Offered by Representative Carbajal of
California or His Designee, Debatable for 10 Minutes
At the appropriate place in division E, insert:
SECTION __. PRESUMPTION OF CAUSE OF DISABILITY OR DEATH DUE TO
EMPLOYMENT IN FIRE PROTECTION ACTIVITIES.
(a) Certain Diseases Presumed to Be Work-related Cause of
Disability or Death for Federal Employees in Fire Protection
Activities.--
(1) Presumption relating to employees in fire
protection activities.--Subchapter I of chapter 81 of
title 5, United States Code, is amended by inserting
after section 8143a the following:
``Sec. 8143b. Employees in fire protection activities.
``(a) Certain Diseases Deemed to Be Proximately Caused by
Employment in Fire Protection Activities.--
``(1) In general.--For a claim under this subchapter
of disability or death of an employee who has been
employed for a minimum of 5 years in aggregate as an
employee in fire protection activities, a disease
specified on the list established under paragraph (2)
shall be deemed to be proximately caused by the
employment of such employee.
``(2) Establishment of initial list.--There is
established under this section the following list of
diseases:
``(A) Bladder cancer.
``(B) Brain cancer.
``(C) Chronic obstructive pulmonary disease.
``(D) Colorectal cancer.
``(E) Esophageal cancer.
``(F) Kidney cancer.
``(G) Leukemias.
``(H) Lung cancer.
``(I) Mesothelioma.
``(J) Multiple myeloma.
``(K) Non-Hodgkin lymphoma.
``(L) Prostate cancer.
``(M) Skin cancer (melanoma).
``(N) A sudden cardiac event or stroke while,
or not later than 24 hours after, engaging in
the activities described in subsection
(b)(1)(C).
``(O) Testicular cancer.
``(P) Thyroid cancer.
``(3) Additions to the list.--
``(A) In general.--The Secretary shall
periodically review the list established under
this section in consultation with the Director
of the National Institute on Occupational
Safety and Health and shall add a disease to
the list by rule, upon a showing by a
petitioner or on the Secretary's own
determination, in accordance with this
paragraph.
``(B) Basis for determination.--The Secretary
shall add a disease to the list upon a showing
by a petitioner or the Secretary's own
determination, based on the weight of the best
available scientific evidence, that there is a
significant risk to employees in fire
protection activities of developing such
disease.
``(C) Available expertise.--In determining
significant risk for purposes of subparagraph
(B), the Secretary may accept as authoritative
and may rely upon recommendations, risk
assessments, and scientific studies (including
analyses of National Firefighter Registry data
pertaining to Federal firefighters) by the
National Institute for Occupational Safety and
Health, the National Toxicology Program, the
National Academies of Sciences, Engineering,
and Medicine, and the International Agency for
Research on Cancer.
``(4) Petitions to add to the list.--
``(A) In general.--Any person may petition
the Secretary to add a disease to the list
under this section.
``(B) Content of petition.--Such petition
shall provide information to show that there is
sufficient evidence of a significant risk to
employees in fire protection activities of
developing such illness or disease from their
employment.
``(C) Timely and substantive decisions.--Not
later than 18 months after receipt of a
petition, the Secretary shall either grant or
deny the petition by publishing in the Federal
Register a written explanation of the reasons
for the Secretary's decision. The Secretary may
not deny a petition solely on the basis of
competing priorities, inadequate resources, or
insufficient time for review.
``(D) Notification to congress.--Not later
than 30 days after making any decision to
approve or deny a petition under this
paragraph, the Secretary shall notify the
Committee on Education and Labor of the House
of Representatives and the Committee on
Homeland Security and Government Affairs of the
Senate of such decision.
``(b) Definitions.--In this section:
``(1) Employee in fire protection activities.--The
term `employee in fire protection activities' means an
employee employed as a firefighter, paramedic,
emergency medical technician, rescue worker, ambulance
personnel, or hazardous material worker, who--
``(A) is trained in fire suppression;
``(B) has the legal authority and
responsibility to engage in fire suppression;
``(C) is engaged in the prevention, control,
and extinguishment of fires or response to
emergency situations where life, property, or
the environment is at risk, including the
prevention, control, suppression, or management
of wildland fires; and
``(D) performs such activities as a primary
responsibility of his or her job.
``(2) Secretary.--The term `Secretary' means
Secretary of Labor.''.
(2) Research cooperation.--Not later than 120 days
after the date of enactment of this Act, the Secretary
of Labor shall establish a process by which a Federal
employee in fire protection activities filing a claim
related to a disease on the list established by section
8143b of title 5, United States Code, will be informed
about and offered the opportunity to contribute to
science by voluntarily enrolling in the National
Firefighter Registry or a similar research or public
health initiative conducted by the Centers for Disease
Control and Prevention.
(3) Agenda for further review.--Not later than 3
years after the date of enactment of this Act, the
Secretary shall--
(A) evaluate the best available scientific
evidence of the risk to an employee in fire
protection activities of developing breast
cancer, gynecological cancer, and
rhabdomyolysis;
(B) add breast cancer, gynecological cancer,
and rhabdomyolysis to the list established
under section 8143b of title 5, United States
Code, by rule in accordance with subsection
(a)(3) of such section, if the Secretary
determines that such evidence supports such
addition; and
(C) submit a report of the Secretary's
findings under subparagraph (A) and the
Secretary's determination under subparagraph
(B) to the Committee on Education and Labor of
the House and the Committee on Homeland
Security and Governmental Affairs of the
Senate.
(4) Report on federal wildland firefighters.--The
Director of the National Institute for Occupational
Safety and Health shall conduct a comprehensive study
on long-term health effects that Federal wildland
firefighters who are eligible to receive workers'
compensation under chapter 81 of title 5, United States
Code, experience after being exposed to fires, smoke,
and toxic fumes when in service. Such study shall
include--
(A) the race, ethnicity, age, gender, and
time of service of such Federal wildland
firefighters participating in the study; and
(B) recommendations to Congress on what
legislative actions are needed to support such
Federal wildland firefighters in preventing
health issues from this toxic exposure, similar
to veterans that are exposed to burn pits.
(5) Application.--The amendments made by this section
shall apply to claims for compensation filed on or
after the date of enactment of this Act.
(6) Report on affected employees.--Beginning 1 year
after the date of enactment of this Act, the Secretary
shall include in each annual report on implementation
of the Federal Employees' Compensation Act program and
issues arising under it that the Secretary makes
pursuant to section 8152 of title 5, United States
Code, the total number and demographics of employees
with diseases and conditions described in the
amendments made by this Act as of the date of such
annual report, disaggregated by the specific condition
or conditions, for the purposes of understanding the
scope of the problem. The Secretary may include any
information they deem necessary and, as appropriate,
may make recommendations for additional actions that
could be taken to minimize the risk of adverse health
impacts for Federal employees in fire protection
activities.
(b) Subrogation of Continuation of Pay.--
(1) Subrogation of the united states.--Section 8131
of title 5, United States Code, is amended--
(A) in subsection (a), by inserting
``continuation of pay or'' before
``compensation''; and
(B) in subsection (c), by inserting
``continuation of pay or'' before
``compensation already paid''.
(2) Adjustment after recovery from a third person.--
Section 8132 of title 5, United States Code, is
amended--
(A) by inserting ``continuation of pay or''
before ``compensation'' the first and second
place it appears;
(B) by striking ``in his behalf'' and
inserting ``on his behalf'';
(C) by inserting ``continuation of pay and''
before ``compensation'' the third place it
appears; and
(D) by striking the 4th sentence and
inserting the following: ``If continuation of
pay or compensation has not been paid to the
beneficiary, the money or property shall be
credited against continuation of pay or
compensation payable to him by the United
States for the same injury.''.
(c) Protection of Firefighters From Toxic Chemicals and Other
Contaminants.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on
Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions
of the Senate a report that evaluates the health and
safety impacts on employees engaged in fire protection
activities that result from the employees' exposure to
toxic chemicals and other contaminants that could cause
human health problems. The report may include
information on--
(A) the degree to which such programs and
policies include consideration of the
possibility of toxic exposure of such employees
who may come into contact with residue from
fibers, combusted building materials such as
asbestos, household chemicals, polymers, flame-
retardant chemicals, and other potentially
toxic contaminants;
(B) the availability and proper maintenance
of professional protective equipment and secure
storage of such equipment in employees' homes
and automotive vehicles;
(C) the availability of home instructions for
employees regarding toxins and contaminants,
and the appropriate procedures to counteract
exposure to same;
(D) the employees' interests in protecting
the health and safety of family members from
exposure to toxic chemicals and other
contaminants to which the employees may have
been exposed; and
(E) other related factors.
(2) Context.--In preparing the report required under
paragraph (1), the Comptroller General of the United
States may, as appropriate, provide information in a
format that delineates high risk urban areas from rural
communities.
(3) Department of labor consideration.--After
issuance of the report required under paragraph (1),
the Secretary of Labor shall consider such report's
findings and assess its applicability for purposes of
the amendments made by subsection (b).
(d) Increase in Time-period for FECA Claimant to Supply
Supporting Documentation to Office of Worker's Compensation.--
Not later than 60 days after the date of enactment of this Act,
the Secretary of Labor shall--
(1) amend section 10.121 of title 20, Code of Federal
Regulations, by striking ``30 days'' and inserting ``60
days''; and
(2) modify the Federal Employees Compensation Act
manual to reflect the changes to such section made by
the Secretary pursuant to paragraph (1).
----------
482. An Amendment To Be Offered by Representative Carbajal of
California or His Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. ___. SAFETY STANDARDS.
(a) In General.--Section 4502 of title 46, United States
Code, is amended--
(1) in subsection (i)(4) by striking ``each of fiscal
years 2018 through 2021'' and inserting ``fiscal year
2023''; and
(2) in subsection (j)(4) by striking ``each of fiscal
years 2018 through 2021'' and inserting ``fiscal year
2023''.
(b) Authorization of Appropriations.--Section 9 of the
Maritime Debris Act (33 U.S.C. 1958) is amended--
(1) in subsection (a) by striking ``each of fiscal
years 2018 through 2021'' and inserting ``fiscal year
2023''; and
(2) in subsection (b) by striking ``2702(1)'' and
inserting ``4902(1)''.
----------
483. An Amendment To Be Offered by Representative Carter of Louisiana
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following:
SEC. 8__. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.
(a) In General.--A covered small business concern may,
subject to the regulations issued by the Administrator of the
Small Business Administration under subsection (b), elect to
extend the period in which such covered small business concern
participates in the program established under section 8(a) of
such Act (15 U.S.C. 637(a)) by one year.
(b) Emergency Rulemaking Authority.--Not later than 45 days
after the date of enactment of this Act, the Administrator of
the Small Business Administration shall issue regulations to
carry out this section without regard to the notice
requirements under section 553(b) of title 5, United States
Code.
(c) Covered Small Business Concern Defined.--
(1) In general.--In this section, the term ``covered
small business concern'' means a small business concern
(as defined under section 3 of the Small Business Act
(15 U.S.C. 632)) that--
(A) participated in the program established
under section 8(a) of the Small Business Act
(15 U.S.C. 637(a)) at any point during the
period beginning on September 10, 2020, and
ending on the date of the enactment of this
Act, including a small business concern that
graduated during such period;
(B) was not terminated or early graduated
from such program during such period; and
(C) did not voluntarily elect to cease
participating in such program during such
period as an alternative to termination or
early graduation from such program, as
determined by the Administrator of the Small
Business Administration.
----------
484. An Amendment To Be Offered by Representative Castro of Texas or
His Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. DOCUMENTING AND RESPONDING TO DISCRIMINATION AGAINST MIGRANTS
ABROAD.
(a) Information to Include in Annual Country Reports on Human
Rights Practices.--The Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and''
at the end;
(B) in paragraph (12)(C)(ii), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, violence or
discrimination that affects the fundamental freedoms or
human rights of migrants located in a foreign
country.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by
inserting after the ninth sentence the following:
``Wherever applicable, such report shall also include
information regarding violence or discrimination that
affects the fundamental freedoms or human rights of
migrants permanently or temporarily located in a
foreign country.''.
(b) Review at Diplomatic and Consular Posts.--In preparing
the annual country reports on human rights practices required
under section 116 or 502B of the Foreign Assistance Act of 1961
(22 U.S.C. 2151n and 2304), as amended by subsection (a), the
Secretary of State shall obtain information from each
diplomatic and consular post with respect to--
(1) incidents of violence against migrants located in
the country in which such post is located;
(2) an analysis of the factors enabling or
aggravating such incidents, such as government policy,
societal pressure, or the actions of external actors;
and
(3) the response, whether public or private, of the
personnel of such post with respect to such incidents.
(c) Migrant.--For the purposes of this section and the
amendments made by this section, the term ``migrant'' includes
economic migrants, guest workers, refugees, asylum-seekers,
stateless persons, trafficked persons, undocumented migrants,
and unaccompanied children, in addition to other individuals
who change their country of usual residence temporarily or
permanently.
----------
485. An Amendment To Be Offered by Representative Castro of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle G of division E the following:
SEC. __. LAW ENFORCEMENT AUTHORITY OF THE INSPECTOR GENERAL OF THE
UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION.
Section 6(f)(3) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting ``International
Development Finance Corporation,'' before ``Environmental''.
----------
486. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
Page 1236, insert after line 17 the following:
SEC. 5103. IMPROVEMENT OF VET CENTERS AT DEPARTMENT OF VETERANS
AFFAIRS.
(a) Productivity Expectations for Readjustment Counselors of
Vet Centers.--
(1) Evaluation of productivity expectations.--Not
later than one year after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall
evaluate productivity expectations for readjustment
counselors of Vet Centers, including by obtaining
systematic feedback from counselors on such
expectations, including with respect to following:
(A) Any potential effects of productivity
expectations, whether positive or negative, on
client care and the welfare of readjustment
counselors.
(B) Distances readjustment counselors may
travel to appointments, especially with respect
to serving rural veterans.
(C) The possibility that some veterans may
not want to use nor benefit from telehealth or
group counseling.
(D) Availability and access of veteran
populations to broadband and telehealth.
(E) Any effect of productivity expectations
on readjustment counselors, including with
respect to recruitment, retention, and welfare.
(F) Whether productivity expectations provide
incentives or pressure to inaccurately report
client visits.
(G) Whether directors and readjustment
counselors of Vet Centers need additional
training or guidance on how productivity
expectations are calculated.
(H) Such other criteria as the Secretary
considers appropriate.
(2) Systematic feedback.--
(A) In general.--The Secretary shall--
(i) make every effort to ensure that
all readjustment counselors of Vet
Centers are given the opportunity to
fully provide feedback, positive or
negative, including through a survey
containing open- and close-ended
questions, on all items under paragraph
(1);
(ii) in obtaining feedback under
paragraph (1), ensure that the items
under paragraph (1) are adequately and
completely addressed in a way that
permits responses to be relevant to the
evaluation of productivity
expectations;
(iii) collect and safely store the
feedback obtained under paragraph (1)--
(I) in an electronic database
that cannot be altered by any
party;
(II) in an anonymized manner,
in order to protect the privacy
of each respondent; and
(III) in a manner that allows
for evaluation by third parties
of the feedback, such as audit
of the feedback by the
Government Accountability
Office; and
(iv) provide the feedback obtained
under paragraph (1) in an anonymized
manner to the working group established
under subsection (c).
(B) Government accountability office audit.--
Not less frequently than once each year during
the five-year period beginning on the date of
the enactment of this Act, the Comptroller
General of the United States shall audit the
feedback obtained from readjustment counselors
of Vet Centers under paragraph (1).
(3) Implementation of changes.--Not later than 90
days after the date of the completion of the evaluation
required by paragraph (1), the Secretary shall
implement any needed changes to the productivity
expectations described in such paragraph in order to
ensure--
(A) quality of care and access to care for
veterans; and
(B) the welfare of readjustment counselors.
(4) Report to congress.--Not later than 180 days
after the date of the completion of the evaluation
required by paragraph (1), the Secretary shall submit
to Congress a report on--
(A) the findings of the evaluation; and
(B) any planned or implemented changes
described in paragraph (3).
(5) Plan for reassessment and implementation.--
(A) Plan.--Not later than one year after the
date of the enactment of this Act, the
Secretary shall develop and implement a plan
for--
(i) reassessing productivity
expectations for readjustment
counselors of Vet Centers, in
consultation with such counselors; and
(ii) implementing any needed changes
to such expectations, as the Secretary
determines appropriate.
(B) Reassessments.--Under the plan required
by subparagraph (A), the Secretary shall
conduct a reassessment described in such
paragraph not less frequently than once each
year.
(b) Staffing Model for Vet Centers.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall develop and implement a staffing
model for Vet Centers that incorporates key practices
in the design of such staffing model.
(2) Elements.--In developing the staffing model under
paragraph (1), the Secretary shall--
(A) involve key stakeholders, including
readjustment counselors, outreach specialists,
and directors of Vet Centers;
(B) incorporate key work activities and the
frequency and time required to conduct such
activities;
(C) ensure the data used in the model is high
quality to provide assurance that staffing
estimates are reliable; and
(D) incorporate--
(i) risk factors, including case
complexity;
(ii) geography;
(iii) availability, advisability, and
willingness of veterans to use
telehealth or group counseling; and
(iv) such other factors as the
Secretary considers appropriate.
(3) Plan for assessments and updates.--Not later than
one year after the date of the enactment of this Act,
the Secretary shall develop a plan for--
(A) assessing and updating the staffing model
developed and implemented under paragraph (1)
not less frequently than once every four years;
and
(B) implementing any needed changes to such
model, as the Secretary determines appropriate.
(c) Working Group of Readjustment Counselors, Outreach
Specialists, and Directors of Vet Centers.--
(1) In general.--In conducting the evaluation of
productivity expectations under subsection (a) (1) and
developing the staffing model for Vet Centers under
subsection (b)(1), the Secretary of Veterans Affairs
shall establish a working group to assess--
(A) the efficacy, impact, and composition of
performance metrics for such expectations with
respect to--
(i) quality of care and access to
care for veterans; and
(ii) the welfare of readjustment
counselors and other employees of Vet
Centers; and
(B) key considerations for the development of
such staffing model, including with respect
to--
(i) quality of care and access to
care for veterans and other individuals
eligible for care through Vet Centers;
and
(ii) recruitment, retention, and
welfare of employees of Vet Centers.
(2) Membership.--The working group established under
paragraph (1) shall be composed of readjustment
counselors, outreach specialists, and directors of Vet
Centers.
(3) Feedback and recommendations.--The working group
established under paragraph (1) shall provide to the
Secretary--
(A) feedback from readjustment counselors,
outreach specialists, and directors of Vet
Centers; and
(B) recommendations on how to improve--
(i) quality of care and access to
care for veterans; and
(ii) the welfare of readjustment
counselors and other employees of Vet
Centers.
(d) Improvements of Hiring Practices at Vet Centers.--
(1) Standardization of position descriptions.--
(A) In general.--Not later than one year
after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall
standardize descriptions of position
responsibilities at Vet Centers.
(B) Reporting requirement.--In each of the
first two annual reports submitted under
section 7309(e) of title 38, United States
Code, after the date of the enactment of this
Act, the Secretary shall include a description
of the actions taken by the Secretary to carry
out subparagraph (A).
(2) Expansion of reporting requirements on
readjustment counseling to include actions to reduce
staffing vacancies and time to hire.--Section
7309(e)(2) of title 38, United States Code, is amended
by adding at the end the following new subparagraph:
``(D) A description of actions taken by the Secretary
to reduce--
``(i) vacancies in counselor positions in the
Readjustment Counseling Service; and
``(ii) the time it takes to hire such
counselors.''.
(e) Report by Government Accountability Office on Vet Center
Infrastructure and Future Investments.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report on physical infrastructure and future
investments with respect to Vet Centers.
(2) Elements.--The report required by paragraph (1)
shall include the following:
(A) An assessment of--
(i) the condition of the physical
infrastructure of all assets of Vet
Centers, whether owned or leased by the
Department of Veterans Affairs; and
(ii) the short-, medium-, and long-
term plans of the Department to
maintain and upgrade the physical
infrastructure of Vet Centers to
address the operational needs of Vet
Centers as of the date of the submittal
of the report and future needs.
(B) An assessment of management and strategic
planning for the physical infrastructure of Vet
Centers, including whether the Department
should buy or lease existing or additional
locations in areas with stable or growing
populations of veterans.
(C) An assessment of whether, as of the date
of the submittal of the report, Vet Center
buildings, mobile Vet Centers, community access
points, and similar infrastructure are
sufficient to care for veterans or if such
infrastructure is negatively affecting care due
to limited space for veterans and Vet Center
personnel or other factors.
(D) An assessment of the areas with the
greatest need for investments in--
(i) improved physical infrastructure,
including upgraded Vet Centers; or
(ii) additional physical
infrastructure for Vet Centers,
including new Vet Centers owned or
leased by the Department.
(E) A description of the authorities and
resources that may be required for the
Secretary to make such investments.
(F) A review of all annual reports submitted
under 7309(e) of title 38, United States Code,
before the date of the submittal of the report
under paragraph (1).
(f) Pilot Program to Combat Food Insecurity Among Veterans
and Family Members of Veterans.--
(1) In general.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish a pilot program to
award grants to eligible entities to support
partnerships that address food insecurity among
veterans and family members of veterans who receive
services through Vet Centers or other facilities of the
Department as determined by the Secretary.
(2) Duration of pilot.--The Secretary shall carry out
the pilot program for a three-year period beginning on
the date of the establishment of the pilot program.
(3) Training and technical assistance.--The Secretary
may provide eligible entities receiving grant funding
under the pilot program with training and technical
assistance on the provision of food insecurity
assistance services to veterans and family members of
veterans.
(4) Eligible entities.--For purposes of the pilot
program, an eligible entity is--
(A) a nonprofit organization;
(B) an organization recognized by the
Secretary for the representation of veterans
under section 5902 of title 38, United States
Code;
(C) a public agency;
(D) a community-based organization; or
(E) an institution of higher education.
(5) Application.--An eligible entity seeking a grant
under the pilot program shall submit to the Secretary
an application therefor at such time, in such manner,
and containing such information and commitments as the
Secretary may require.
(6) Selection.--The Secretary shall select eligible
entities that submit applications under paragraph (5)
for the award of grants under the pilot program using a
competitive process that takes into account the
following:
(A) Capacity of the applicant entity to serve
veterans and family members of veterans.
(B) Demonstrated need of the population the
applicant entity would serve.
(C) Demonstrated need of the applicant entity
for assistance from the grant.
(D) Such other criteria as the Secretary
considers appropriate.
(7) Distribution.--The Secretary shall ensure, to the
extent practicable, an equitable geographic
distribution of grants awarded under this subsection.
(8) Minimum program requirements.--Any grant awarded
under this subsection shall be used--
(A) to coordinate with the Secretary with
respect to the provision of assistance to
address food insecurity among veterans and
family members of veterans described in
paragraph (1);
(B) to increase participation in nutrition
counseling programs and provide educational
materials and counseling to veterans and family
members of veterans to address food insecurity
and healthy diets among those individuals;
(C) to increase access to and enrollment in
Federal assistance programs, including the
supplemental nutrition assistance program under
the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.), the special supplemental
nutrition program for women, infants, and
children established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786), the
low-income home energy assistance program
established under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), and any other assistance program that
the Secretary considers advisable; and
(D) to fulfill such other criteria as the
Secretary considers appropriate to further the
purpose of the grant and serve veterans.
(9) Provision of information.--Each entity that
receives a grant under this subsection shall provide to
the Secretary, at least once each year during the
duration of the grant term, data on--
(A) the number of veterans and family members
of veterans screened for, and enrolled in,
programs described in subparagraphs (B) and (C)
of paragraph (8);
(B) other services provided by the entity to
veterans and family members of veterans using
funds from the grant; and
(C) such other data as the Secretary may
require.
(10) Report on data collected.--For each year of
operation of the pilot program, the Secretary shall
submit to the appropriate committees of Congress a
report on the data collected under paragraph (9) during
such year.
(11) Government accountability office report.--
(A) In general.--Not later than one year
after the date on which the pilot program
terminates, the Comptroller General of the
United States shall submit to Congress a report
evaluating the effectiveness and outcomes of
the activities carried out under this
subsection in reducing food insecurity among
veterans and family members of veterans.
(B) Elements.--The report required by
subparagraph (A) shall include the following:
(i) A summary of the activities
carried out under this subsection.
(ii) An assessment of the
effectiveness and outcomes of the
grants awarded under this subsection,
including with respect to eligibility
screening contacts, application
assistance consultations, and changes
in food insecurity among the population
served by the grant.
(iii) Best practices regarding the
use of partnerships to improve the
effectiveness and outcomes of public
benefit programs to address food
insecurity among veterans and family
members of veterans.
(iv) An assessment of the feasibility
and advisability of making the pilot
program permanent and expanding to
other locations.
(12) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out the pilot program
established under paragraph (1) $15,000,000 for
each fiscal year in which the program is
carried out, beginning with the fiscal year in
which the program is established.
(B) Administrative expenses.--Of the amounts
authorized to be appropriated under
subparagraph (A), not more than ten percent may
be used for administrative expenses of the
Department of Veterans Affairs associated with
administering grants under this subsection.
(13) Definitions.--In this subsection:
(A) The term ``appropriate committees of
Congress'' means--
(i) the Committee on Veterans'
Affairs, the Committee on
Appropriations, and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate; and
(ii) the Committee on Veterans'
Affairs, the Committee on
Appropriations, and the Committee on
Agriculture of the House of
Representatives.
(B) The term ``facilities of the Department''
has the meaning given that term in section
1701(3) of title 38, United States Code.
(C) The term ``institution of higher
education'' has the meaning given that term in
section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(D) The term ``public agency'' means a
department, agency, other unit, or
instrumentality of Federal, State, Tribal, or
local government.
(E) The term ``State'' has the meaning given
that term in section 101(20) of title 38,
United States Code.
(F) The term ``veteran'' means an individual
who served in the Armed Forces, including an
individual who served in a reserve component of
the Armed Forces, and who was discharged or
released therefrom, regardless of the
conditions of such discharge or release.
(g) Definition of Vet Center.--In this section, the term
``Vet Center'' has the meaning given that term in section
1712A(h) of title 38, United States Code.
----------
487. An Amendment To Be Offered by Representative Cicilline of Rhode
Island or His Designee, Debatable for 10 Minutes
At the appropriate place in subtitle E of title XII, insert
the following:
SEC. __. MODIFICATION TO UNITED STATES MEMBERSHIP IN INTERPARLIAMENTARY
GROUP.
Section 1316(b) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2001) is amended
to read as follows:
``(b) Membership.--The Cyprus, Greece, Israel, and the United
States 3+1 Interparliamentary Group shall include a group, to
be known as the `United States group', that consists of--
``(1) not more than 6 United States Senators, who
shall be appointed jointly by the majority leader and
the minority leader of the Senate; and
``(2) not more than 6 Members of the United States
House of Representatives, who shall be appointed
jointly by the Speaker and minority leader of the House
of Representatives.''.
----------
488. An Amendment To Be Offered by Representative Cleaver of Missouri
or His Designee, Debatable for 10 Minutes
Page 1262, after line 23, insert the following:
SEC. 5403. PROMOTING DIVERSITY AND INCLUSION IN THE APPRAISAL
PROFESSION.
(a) In General.--The Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 is amended--
(1) in section 1103(a) (12 U.S.C. 3332(a))--
(A) in paragraph (3), by striking ``and'' at
the end;
(B) in paragraph (4), by striking the period
at the end and inserting a semicolon;
(C) in paragraph (5), by striking the period
at the end and inserting a semicolon;
(D) in paragraph (6), by striking the period
at the end and inserting ``a semicolon; and'';
and
(E) by adding at the end the following new
paragraph:
``(7) administer the grant program under section
1122(j).'';
(2) in section 1106 (12 U.S.C. 3335)--
(A) by inserting ``(a) In General.--'' before
``The Appraisal Subcommittee'';
(B) by striking the comma after ``comment'';
(C) by inserting before ``Any regulations''
the following:
``(b) Regulations.--''; and
(D) in subsection (a) (as so designated by
subparagraph (A) of this paragraph), by adding
at the end the following: ``The Appraisal
Subcommittee may coordinate, and enter into
agreements, with private industry stakeholders
(including appraisal management companies and
industry associations) to facilitate activities
and practices that ensure diversity among
individuals newly hired as appraisers in their
first employment positions in the appraisal
industry.''; and
(3) in section 1122 (12 U.S.C. 3351), by adding at
the end the following new subsection:
``(j) Grant Program To Promote Diversity and Inclusion in the
Appraisal Profession.--
``(1) In general.--The Appraisal Subcommittee shall
carry out a program under this subsection to makes
grants to State agencies, nonprofit organizations, and
institutions of higher education to promote diversity
and inclusion in the appraisal profession.
``(2) Eligible activities.--Activities carried out
with amounts from a grant under this Act shall be
designed to promote diversity and inclusion in the
appraisal profession, and may include--
``(A) funding scholarships;
``(B) providing training and education;
``(C) providing implicit bias training for
appraisers; and
``(D) other activities as determined
appropriate to further the purposes of this
grant program by the Appraisal Subcommittee.
``(3) Allocation of funds.--In making grants under
this subsection, the Appraisal Subcommittee shall--
``(A) allocate 50 percent of the funds made
available to part B institutions (as such term
is defined in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061)) or
universities with degree programs approved by
the Appraiser Qualifications Board or a
relevant State regulatory agency for--
``(i) scholarships for students of
color who want to pursue a career in
real estate appraisal; and
``(ii) subsidizing living expenses
for those students while in training;
and
``(B) allocate 20 percent of the funds to
cover the cost of fulfilling the experience
requirements or other applicable requirements
that the students described under subparagraph
(A) will need to complete in order to become
appraisers.
``(4) Administrative costs.--The Appraisal
Subcommittee may use 1 percent of amounts appropriated
pursuant to paragraph (6) to cover the administrative
costs of carrying out this subsection.
``(5) Reports.--For each fiscal year during which
grants are made under the program under this
subsection, the Appraisal Subcommittee shall submit a
report to the Congress regarding implementation of the
program and describing the grants made, activities
conducted using grant amounts, and the number of
individuals served by such grants, disaggregated by
race, ethnicity, age, and gender.''.
(b) Authorization of Appropriations.--There is authorized to
be appropriated to the Appraisal Subcommittee for carrying out
the amendments made by this section, including for making
grants authorized by such amendments, $50,000,000 for each of
fiscal years 2023 through 2027
----------
489. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. ___. EXTENDING THE STATUTE OF LIMITATIONS FOR CERTAIN MONEY
LAUNDERING OFFENSES.
Section 1956 of title 18, United States Code, is amended by
adding at the end the following:
``(j) Seven-year Limitation.--Notwithstanding section 3282,
no person shall be prosecuted, tried, or punished for a
violation of this section or section 1957 if the specified
unlawful activity constituting the violation is the activity
defined in subsection (c)(7)(B) of this section, unless the
indictment is found or the information is instituted not later
than 7 years after the date on which the offense was
committed.''.
----------
490. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. __. FOREIGN CORRUPTION ACCOUNTABILITY SANCTIONS AND CRIMINAL
ENFORCEMENT.
(a) In General.--
(1) Findings.--Congress finds the following:
(A) When public officials and their allies
use the mechanisms of government to engage in
extortion or bribery, they impoverish their
countries' economic health and harm citizens.
(B) By empowering the United States
Government to hold to account foreign public
officials and their associates who engage in
extortion or bribery, the United States can
deter malfeasance and ultimately serve the
citizens of fragile countries suffocated by
corrupt bureaucracies.
(C) The Special Inspector General for Afghan
Reconstruction's 2016 report ``Corruption in
Conflict: Lessons from the U.S. Experience in
Afghanistan'' included the recommendation,
``Congress should consider enacting legislation
that authorizes sanctions against foreign
government officials or their associates who
engage in corruption.''.
(2) Authorization of imposition of sanctions.--
(A) In general.--The Secretary of State may
impose the sanctions described in subparagraph
(B) with respect to any foreign person who is
an individual the Secretary of State
determines--
(i) engages in public corruption
activities against a United States
person, including--
(I) soliciting or accepting
bribes;
(II) using the authority of
the state to extort payments;
or
(III) engaging in extortion;
or
(ii) conspires to engage in, or
knowingly and materially assists,
sponsors, or provides significant
financial, material, or technological
support for any of the activities
described in clause (i).
(B) Sanctions described.--
(i) Inadmissibility to united
states.--A foreign person who is
subject to sanctions under this
subsection shall be--
(I) inadmissible to the
United States;
(II) ineligible to receive a
visa or other documentation to
enter the United States; and
(III) otherwise ineligible to
be admitted or paroled into the
United States or to receive any
other benefit under the
Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The visa or
other entry documentation of a
foreign person who is subject
to sanctions under this
subsection shall be revoked
regardless of when such visa or
other entry documentation is
issued.
(II) Effect of revocation.--A
revocation under subclause (I)
shall--
(aa) take effect
immediately; and
(bb) automatically
cancel any other valid
visa or entry
documentation that is
in the foreign person's
possession.
(C) Exception to comply with law enforcement
objectives and agreement regarding headquarters
of united nations.--Sanctions described under
subparagraph (B) shall not apply to a foreign
person if admitting the person into the United
States--
(i) would further important law
enforcement objectives; or
(ii) is necessary to permit the
United States to comply with the
Agreement regarding the Headquarters of
the United Nations, signed at Lake
Success June 26, 1947, and entered into
force November 21, 1947, between the
United Nations and the United States,
or other applicable international
obligations of the United States.
(D) Termination of sanctions.--The Secretary
of State may terminate the application of
sanctions under this paragraph with respect to
a foreign person if the Secretary of State
determines and reports to the appropriate
congressional committees not later than 15 days
before the termination of the sanctions that--
(i) the person is no longer engaged
in the activity that was the basis for
the sanctions or has taken significant
verifiable steps toward stopping the
activity;
(ii) the Secretary of State has
received reliable assurances that the
person will not knowingly engage in
activity subject to sanctions under
this part in the future; or
(iii) the termination of the
sanctions is in the national security
interests of the United States.
(E) Regulatory authority.--The Secretary of
State shall issue such regulations, licenses,
and orders as are necessary to carry out this
paragraph.
(F) Appropriate congressional committees
defined.--In this paragraph, the term
``appropriate congressional committees''
means--
(i) the Committee on the Judiciary
and the Committee on Foreign Affairs of
the House of Representatives; and
(ii) the Committee on the Judiciary
and the Committee on Foreign Relations
of the Senate.
(3) Reports to congress.--
(A) In general.--The Secretary of State shall
submit to the appropriate congressional
committees, in accordance with subparagraph
(B), a report that includes--
(i) a list of each foreign person
with respect to whom the Secretary of
State imposed sanctions pursuant to
paragraph (2) during the year preceding
the submission of the report;
(ii) the number of foreign persons
with respect to which the Secretary of
State--
(I) imposed sanctions under
paragraph (2)(A) during that
year; and
(II) terminated sanctions
under paragraph (2)(D) during
that year;
(iii) the dates on which such
sanctions were imposed or terminated,
as the case may be;
(iv) the reasons for imposing or
terminating such sanctions;
(v) the total number of foreign
persons considered under paragraph
(2)C) for whom sanctions were not
imposed; and
(vi) recommendations as to whether
the imposition of additional sanctions
would be an added deterrent in
preventing public corruption.
(B) Dates for submission.--
(i) Initial report.--The Secretary of
State shall submit the initial report
under subparagraph (A) not later than
120 days after the date of the
enactment of this Act.
(ii) Subsequent reports.--The
Secretary of State shall submit a
subsequent report under subparagraph
(A) on December 10, or the first day
thereafter on which both Houses of
Congress are in session, of--
(I) the calendar year in
which the initial report is
submitted if the initial report
is submitted before December 10
of that calendar year; and
(II) each calendar year
thereafter.
(C) Form of report.--
(i) In general.--Each report required
by subparagraph (A) shall be submitted
in unclassified form, but may include a
classified annex.
(ii) Exception.--The name of a
foreign person to be included in the
list required by subparagraph (A)(i)
may be submitted in the classified
annex authorized by clause (i) only if
the Secretary of State--
(I) determines that it is
vital for the national security
interests of the United States
to do so; and
(II) uses the annex in a
manner consistent with
congressional intent and the
purposes of this subsection.
(D) Public availability.--
(i) In general.--The unclassified
portion of the report required by
subparagraph (A) shall be made
available to the public, including
through publication in the Federal
Register.
(ii) Nonapplicability of
confidentiality requirement with
respect to visa records.--The Secretary
of State shall publish the list
required by subparagraph (A)(i) without
regard to the requirements of section
222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) with
respect to confidentiality of records
pertaining to the issuance or refusal
of visas or permits to enter the United
States.
(E) Appropriate congressional committees
defined.--In this paragraph, the term
``appropriate congressional committees''
means--
(i) the Committee on Foreign Affairs,
and the Committee on the Judiciary of
the House of Representatives; and
(ii) the Committee on Foreign
Relations, and the Committee on the
Judiciary of the Senate.
(4) Sunset.--
(A) In general.--The authority to impose
sanctions under paragraph (2) and the
requirements to submit reports under paragraph
(3) shall terminate on the date that is 6 years
after the date of enactment of this Act.
(B) Continuation in effect of sanctions.--
Sanctions imposed under paragraph (2) on or
before the date specified in subparagraph (A),
and in effect as of such date, shall remain in
effect until terminated in accordance with the
requirements of paragraph (2)(D).
(5) Definitions.--In this subsection:
(A) Entity.--The term ``entity'' means a
partnership, association, trust, joint venture,
corporation, group, subgroup, or other
organization.
(B) Foreign person.--The term ``foreign
person'' means a person that is not a United
States person.
(C) United states person.--The term ``United
States person'' means a person that is a United
States citizen, permanent resident alien,
entity organized under the laws of the United
States or any jurisdiction within the United
States (including foreign branches), or any
person in the United States.
(D) Person.--The term ``person'' means an
individual or entity.
(E) Public corruption.--The term ``public
corruption'' means the unlawful exercise of
entrusted public power for private gain,
including by bribery, nepotism, fraud, or
embezzlement.
(b) Justice for Victims of Kleptocracy.--
(1) Forfeited property.--
(A) In general.--Chapter 46 of title 18,
United States Code, is amended by adding at the
end the following:
``Sec. 988. Accounting of certain forfeited property
``(a) Accounting.--The Attorney General shall make available
to the public an accounting of any property relating to foreign
government corruption that is forfeited to the United States
under section 981 or 982.
``(b) Format.--The accounting described under subsection (a)
shall be published on the website of the Department of Justice
in a format that includes the following:
``(1) A heading as follows: `Assets stolen from the
people of ______ and recovered by the United States',
the blank space being filled with the name of the
foreign government that is the target of corruption.
``(2) The total amount recovered by the United States
on behalf of the foreign people that is the target of
corruption at the time when such recovered funds are
deposited into the Department of Justice Asset
Forfeiture Fund or the Department of the Treasury
Forfeiture Fund
``(c) Updated Website.--The Attorney General shall update the
website of the Department of Justice to include an accounting
of any new property relating to foreign government corruption
that has been forfeited to the United States under section 981
or 982 not later than 14 days after such forfeiture, unless
such update would compromise an ongoing law enforcement
investigation.''.
(B) Clerical amendment.--The table of
sections for chapter 46 of title 18, United
States Code, is amended by adding at the end
the following:
``988. Accounting of certain forfeited property.''.
(2) Sense of congress.--It is the sense of Congress
that recovered assets be returned for the benefit of
the people harmed by the corruption under conditions
that reasonably ensure the transparent and effective
use, administration and monitoring of returned
proceeds.
----------
491. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of division E, add the following:
TITLE LIX--GLOBAL HEALTH SECURITY ACT OF 2022
SEC. 5901. SHORT TITLE.
This title may be cited as the ``Global Health Security Act
of 2022''.
SEC. 5902. FINDINGS.
Congress finds the following:
(1) In December 2009, President Obama released the
National Strategy for Countering Biological Threats,
which listed as one of seven objectives ``Promote
global health security: Increase the availability of
and access to knowledge and products of the life
sciences that can help reduce the impact from outbreaks
of infectious disease whether of natural, accidental,
or deliberate origin''.
(2) In February 2014, the United States and nearly 30
other nations launched the Global Health Security
Agenda (GHSA) to address several high-priority, global
infectious disease threats. The GHSA is a multi-
faceted, multi-country initiative intended to
accelerate partner countries' measurable capabilities
to achieve specific targets to prevent, detect, and
respond to infectious disease threats, whether
naturally occurring, deliberate, or accidental.
(3) In 2015, the United Nations adopted the
Sustainable Development Goals (SDGs), which include
specific reference to the importance of global health
security as part of SDG 3 ``ensure healthy lives and
promote well-being for all at all ages'' as follows:
``strengthen the capacity of all countries, in
particular developing countries, for early warning,
risk reduction and management of national and global
health risks''.
(4) On November 4, 2016, President Obama signed
Executive Order No. 13747, ``Advancing the Global
Health Security Agenda to Achieve a World Safe and
Secure from Infectious Disease Threats''.
(5) In October 2017 at the GHSA Ministerial Meeting
in Uganda, the United States and more than 40 GHSA
member countries supported the ``Kampala Declaration''
to extend the GHSA for an additional 5 years to 2024.
(6) In December 2017, President Trump released the
National Security Strategy, which includes the priority
action: ``Detect and contain biothreats at their
source: We will work with other countries to detect and
mitigate outbreaks early to prevent the spread of
disease. We will encourage other countries to invest in
basic health care systems and to strengthen global
health security across the intersection of human and
animal health to prevent infectious disease
outbreaks''.
(7) In September 2018, President Trump released the
National Biodefense Strategy, which includes objectives
to ``strengthen global health security capacities to
prevent local bioincidents from becoming epidemics'',
and ``strengthen international preparedness to support
international response and recovery capabilities''.
(8) In January 2021, President Biden issued Executive
Order 13987 (86 Fed. Reg. 7019; relating to Organizing
and Mobilizing the United States Government to Provide
a Unified and Effective Response to Combat COVID-19 and
to Provide United States Leadership on Global Health
and Security), as well as National Security Memorandum
on United States Global Leadership to Strengthen the
International COVID-19 Response and to Advance Global
Health Security and Biological Preparedness, which
include objectives to strengthen and reform the World
Health Organization, increase United States leadership
in the global response to COVID-19, and to finance and
advance global health security and pandemic
preparedness.
SEC. 5903. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) promote and invest in global health security and
pandemic preparedness as a core national security
interest;
(2) advance the aims of the Global Health Security
Agenda;
(3) collaborate with other countries to detect and
mitigate outbreaks early to prevent the spread of
disease;
(4) encourage and support other countries to advance
pandemic preparedness by investing in basic resilient
and sustainable health care systems; and
(5) strengthen global health security across the
intersection of human and animal health to prepare for
and prevent infectious disease outbreaks and combat the
growing threat of antimicrobial resistance.
SEC. 5904. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW COUNCIL.
(a) Establishment.--The President shall establish a Global
Health Security Agenda Interagency Review Council (in this
section referred to as the ``Council'') to perform the general
responsibilities described in subsection (c) and the specific
roles and responsibilities described in subsection (e).
(b) Meetings.--The Council shall meet not less than four
times per year to advance its mission and fulfill its
responsibilities.
(c) General Responsibilities.--The Council shall be
responsible for the following activities:
(1) Provide policy-level recommendations to
participating agencies on Global Health Security Agenda
(GHSA) goals, objectives, and implementation, and other
international efforts to strengthen pandemic
preparedness and response.
(2) Facilitate interagency, multi-sectoral engagement
to carry out GHSA implementation.
(3) Provide a forum for raising and working to
resolve interagency disagreements concerning the GHSA,
and other international efforts to strengthen pandemic
preparedness and response.
(4)(A) Review the progress toward and work to resolve
challenges in achieving United States commitments under
the GHSA, including commitments to assist other
countries in achieving the GHSA targets.
(B) The Council shall consider, among other issues,
the following:
(i) The status of United States financial
commitments to the GHSA in the context of
commitments by other donors, and the
contributions of partner countries to achieve
the GHSA targets.
(ii) The progress toward the milestones
outlined in GHSA national plans for those
countries where the United States Government
has committed to assist in implementing the
GHSA and in annual work-plans outlining agency
priorities for implementing the GHSA.
(iii) The external evaluations of United
States and partner country capabilities to
address infectious disease threats, including
the ability to achieve the targets outlined
within the WHO Joint External Evaluation tool,
as well as gaps identified by such external
evaluations.
(d) Participation.--The Council shall be headed by the
Assistant to the President for National Security Affairs, in
coordination with the heads of relevant Federal agencies. The
Council shall consist of representatives from the following
agencies:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Agriculture.
(5) The Department of Health and Human Services.
(6) The Department of the Treasury.
(7) The Department of Labor.
(8) The Department of Homeland Security.
(9) The Office of Management and Budget.
(10) The Office of the Director of National
Intelligence.
(11) The United States Agency for International
Development.
(12) The Environmental Protection Agency.
(13) The Centers for Disease Control and Prevention.
(14) The Office of Science and Technology Policy.
(15) The National Institutes of Health.
(16) The National Institute of Allergy and Infectious
Diseases.
(17) Such other agencies as the Council determines to
be appropriate.
(e) Specific Roles and Responsibilities.--
(1) In general.--The heads of agencies described in
subsection (d) shall--
(A) make the GHSA and its implementation and
global pandemic preparedness a high priority
within their respective agencies, and include
GHSA- and global pandemic preparedness-related
activities within their respective agencies'
strategic planning and budget processes;
(B) designate a senior-level official to be
responsible for the implementation of this
title;
(C) designate, in accordance with subsection
(d), an appropriate representative at the
Assistant Secretary level or higher to
participate on the Council;
(D) keep the Council apprised of GHSA-related
activities undertaken within their respective
agencies;
(E) maintain responsibility for agency-
related programmatic functions in coordination
with host governments, country teams, and GHSA
in-country teams, and in conjunction with other
relevant agencies;
(F) coordinate with other agencies that are
identified in this section to satisfy
programmatic goals, and further facilitate
coordination of country teams, implementers,
and donors in host countries; and
(G) coordinate across national health
security action plans and with GHSA and other
partners, as appropriate, to which the United
States is providing assistance.
(2) Additional roles and responsibilities.--In
addition to the roles and responsibilities described in
paragraph (1), the heads of agencies described in
subsection (d) shall carry out their respective roles
and responsibilities described in subsections (b)
through (i) of section 3 of Executive Order 13747 (81
Fed. Reg. 78701; relating to Advancing the Global
Health Security Agenda to Achieve a World Safe and
Secure from Infectious Disease Threats), as in effect
on the day before the date of the enactment of this
Act.
SEC. 5905. UNITED STATES COORDINATOR FOR GLOBAL HEALTH SECURITY.
(a) In General.--The President shall appoint an individual to
the position of United States Coordinator for Global Health
Security, who shall be responsible for the coordination of the
interagency process for responding to global health security
emergencies. As appropriate, the designee shall coordinate with
the President's Special Coordinator for International Disaster
Assistance.
(b) Congressional Briefing.--Not less frequently than twice
each year, the employee designated under this section shall
provide to the appropriate congressional committees a briefing
on the responsibilities and activities of the individual under
this section.
SEC. 5906. SENSE OF CONGRESS.
It is the sense of the Congress that, given the complex and
multisectoral nature of global health threats to the United
States, the President--
(1) should consider appointing an individual with
significant background and expertise in public health
or emergency response management to the position of
United States Coordinator for Global Health Security,
as required by section 5905(a), who is an employee of
the National Security Council at the level of Deputy
Assistant to the President or higher; and
(2) in providing assistance to implement the strategy
required under section 5907(a), should--
(A) coordinate, through a whole-of-government
approach, the efforts of relevant Federal
departments and agencies to implement the
strategy;
(B) seek to fully utilize the unique
capabilities of each relevant Federal
department and agency while collaborating with
and leveraging the contributions of other key
stakeholders; and
(C) utilize open and streamlined
solicitations to allow for the participation of
a wide range of implementing partners through
the most appropriate procurement mechanisms,
which may include grants, contracts,
cooperative agreements, and other instruments
as necessary and appropriate.
SEC. 5907. STRATEGY AND REPORTS.
(a) Strategy.--The President shall coordinate the development
and implementation of a strategy to implement the policy aims
described in section 5903, which shall--
(1) seek to strengthen United States diplomatic
leadership and improve the effectiveness of United
States foreign assistance for global health security to
prevent, detect, and respond to infectious disease
threats, including through advancement of the Global
Health Security Agenda (GHSA), the International Health
Regulations (2005), and other relevant frameworks that
contribute to global health security and pandemic
preparedness;
(2) establish specific and measurable goals,
benchmarks, timetables, performance metrics, and
monitoring and evaluation plans for United States
foreign assistance for global health security that
promote learning and reflect international best
practices relating to global health security,
transparency, and accountability;
(3) establish mechanisms to improve coordination and
avoid duplication of effort between the United States
Government and partner countries, donor countries, the
private sector, multilateral organizations, and other
key stakeholders;
(4) prioritize working with partner countries with
demonstrated--
(A) need, as identified through the Joint
External Evaluation process, the Global Health
Security Index classification of health
systems, national action plans for health
security, GHSA Action Packages, and other
complementary or successor indicators of global
health security and pandemic preparedness; and
(B) commitment to transparency, including
budget and global health data transparency,
complying with the International Health
Regulations (2005), investing in domestic
health systems, and achieving measurable
results;
(5) reduce long-term reliance upon United States
foreign assistance for global health security by
promoting partner country ownership, improved domestic
resource mobilization, co-financing, and appropriate
national budget allocations for global health security
and pandemic preparedness and response;
(6) assist partner countries in building the
technical capacity of relevant ministries, systems, and
networks to prepare, execute, monitor, and evaluate
effective national action plans for health security,
including mechanisms to enhance budget and global
health data transparency, as necessary and appropriate;
(7) support and be aligned with country-owned global
health security policy and investment plans developed
with input from key stakeholders, as appropriate;
(8) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of a
multi-sectoral approach to global health security;
(9) support the long-term success of programs by
building the capacity of local organizations and
institutions in target countries and communities;
(10) develop community resilience to infectious
disease threats and emergencies;
(11) support global health budget and workforce
planning in partner countries, including training in
financial management and budget and global health data
transparency;
(12) align United States foreign assistance for
global health security with national action plans for
health security in partner countries, developed with
input from key stakeholders, including the private
sector, to the greatest extent practicable and
appropriate;
(13) strengthen linkages between complementary
bilateral and multilateral foreign assistance programs,
including efforts of the World Bank, the World Health
Organization, the Global Fund to Fight AIDS,
Tuberculosis, and Malaria, and Gavi, the Vaccine
Alliance, that contribute to the development of more
resilient health systems and supply chains in partner
countries with the capacity, resources, and personnel
required to prevent, detect, and respond to infectious
disease threats;
(14) support innovation and public-private
partnerships to improve pandemic preparedness and
response, including for the development and deployment
of effective, accessible, and affordable infectious
disease tracking tools, diagnostics, therapeutics, and
vaccines;
(15) support collaboration with and among relevant
public and private research entities engaged in global
health security; and
(16) support collaboration between United States
universities and public and private institutions in
partner countries that promote global health security
and innovation.
(b) Strategy Submission.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the President, in
consultation with the head of each relevant Federal
department and agency, shall submit to the appropriate
congressional committees the strategy required under
subsection (a) that provides a detailed description of
how the United States intends to advance the policy set
forth in section 5903 and the agency-specific plans
described in paragraph (2).
(2) Agency-specific plans.--The strategy required
under subsection (a) shall include specific
implementation plans from each relevant Federal
department and agency that describe--
(A) the anticipated contributions of the
department or agency, including technical,
financial, and in-kind contributions, to
implement the strategy; and
(B) the efforts of the department or agency
to ensure that the activities and programs
carried out pursuant to the strategy are
designed to achieve maximum impact and long-
term sustainability.
(c) Report.--
(1) In general.--Not later than 1 year after the date
on which the strategy required under subsection (a) is
submitted to the appropriate congressional committees
under subsection (b), and not later than October 1 of
each year thereafter, the President shall submit to the
appropriate congressional committees a report that
describes the status of the implementation of the
strategy.
(2) Contents.--The report required under paragraph
(1) shall--
(A) identify any substantial changes made in
the strategy during the preceding calendar
year;
(B) describe the progress made in
implementing the strategy;
(C) identify the indicators used to establish
benchmarks and measure results over time, as
well as the mechanisms for reporting such
results in an open and transparent manner;
(D) contain a transparent, open, and detailed
accounting of expenditures by relevant Federal
departments and agencies to implement the
strategy, including, to the extent practicable,
for each Federal department and agency, the
statutory source of expenditures, amounts
expended, partners, targeted populations, and
types of activities supported;
(E) describe how the strategy leverages other
United States global health and development
assistance programs and bilateral and
multilateral institutions;
(F) assess efforts to coordinate United
States global health security programs,
activities, and initiatives with key
stakeholders;
(G) incorporate a plan for regularly
reviewing and updating strategies,
partnerships, and programs and sharing lessons
learned with a wide range of stakeholders,
including key stakeholders, in an open,
transparent manner; and
(H) describe the progress achieved and
challenges concerning the United States
Government's ability to advance GHSA and
pandemic preparedness, including data
disaggregated by priority country using
indicators that are consistent on a year-to-
year basis and recommendations to resolve,
mitigate, or otherwise address the challenges
identified therein.
(d) Form.--The strategy required under subsection (a) and the
report required under subsection (c) shall be submitted in
unclassified form but may contain a classified annex.
SEC. 5908. ESTABLISHMENT OF FUND FOR GLOBAL HEALTH SECURITY AND
PANDEMIC PREPAREDNESS.
(a) Negotiations for Establishment of a Fund for Global
Health Security and Pandemic Preparedness.--The Secretary of
State, in coordination with the Secretary of the Treasury, the
Administrator of the United States Agency for International
Development, the Secretary of Health and Human Services, and
the heads of other relevant Federal departments and agencies as
necessary and appropriate, should seek to enter into
negotiations with donors, relevant United Nations agencies,
including the World Health Organization, and other key
multilateral stakeholders, for the establishment of--
(1) a multilateral, catalytic financing mechanism for
global health security and pandemic preparedness, which
may be known as the Fund for Global Health Security and
Pandemic Preparedness (in this title referred to as
``the Fund''), in accordance with the provisions of
this section; and
(2) an Advisory Board to the Fund in accordance with
section 5909.
(b) Purpose.--The purpose of the Fund should be to close
critical gaps in global health security and pandemic
preparedness and build capacity in eligible partner countries
in the areas of global health security, infectious disease
control, and pandemic preparedness, such that it--
(1) prioritizes capacity building and financing
availability in eligible partner countries;
(2) incentivizes countries to prioritize the use of
domestic resources for global health security and
pandemic preparedness;
(3) leverages government, nongovernment, and private
sector investments;
(4) regularly responds to and evaluates progress
based on clear metrics and benchmarks, such as the
Joint External Evaluation and Global Health Security
Index;
(5) aligns with and complements ongoing bilateral and
multilateral efforts and financing, including through
the World Bank, the World Health Organization, the
Global Fund to Fight AIDS, Tuberculosis, and Malaria,
and Gavi, the Vaccine Alliance; and
(6) accelerates country compliance with the
International Health Regulations (2005) and fulfillment
of the Global Health Security Agenda 2024 Framework, in
coordination with the ongoing Joint External Evaluation
national action planning process.
(c) Executive Board.--
(1) In general.--The Fund should be governed by an
Executive Board, which should be composed of not more
than 20 representatives of donor governments,
foundations, academic institutions, civil society, and
the private sector that meet a minimum threshold in
annual contributions and agree to uphold transparency
measures.
(2) Duties.--The Executive Board should be charged
with approving strategies, operations, and grant-making
authorities, such that it is able to conduct effective
fiduciary, monitoring, and evaluation efforts, and
other oversight functions. In addition, the Executive
Board should--
(A) be comprised only of contributors to the
Fund at not less than the minimum threshold to
be established pursuant to paragraph (1);
(B) determine operational procedures such
that the Fund is able to effectively fulfill
its mission; and
(C) provide oversight and accountability for
the Fund in collaboration with the Inspector
General to be established pursuant to section
5910(e)(1)(A).
(3) Composition.--The Executive Board should
include--
(A) representatives of the governments of
founding permanent member countries who, in
addition to the requirements in paragraph (1),
qualify based upon meeting an established
initial contribution threshold, which should be
not less than 10 percent of total initial
contributions, and a demonstrated commitment to
supporting the International Health Regulations
(2005);
(B) term members, who are from academic
institutions, civil society, and the private
sector and are selected by the permanent
members on the basis of their experience and
commitment to innovation, best practices, and
the advancement of global health security
objectives; and
(C) representatives of the World Health
Organization, and the chair of the Global
Health Security Steering Group.
(4) Qualifications.--Individuals appointed to the
Executive Board should have demonstrated knowledge and
experience across a variety of sectors, including human
and animal health, agriculture, development, defense,
finance, research, and academia.
(5) Conflicts of interest.--
(A) Technical experts.--The Executive Board
may include independent technical experts,
provided they are not affiliated with or
employed by a recipient country or
organization.
(B) Multilateral bodies and institutions.--
Executive Board members appointed under
paragraph (3)(C) should recuse themselves from
matters presenting conflicts of interest,
including financing decisions relating to such
bodies and institutions.
(6) United states representation.--
(A) In general.--
(i) Founding permanent member.--The
Secretary of State shall seek to
establish the United States as a
founding permanent member of the Fund.
(ii) United states representation.--
The United States shall be represented
on the Executive Board by an officer or
employee of the United States appointed
by the President.
(B) Effective and termination dates.--
(i) Effective date.--This paragraph
shall take effect upon the date the
Secretary of State certifies and
transmits to Congress an agreement
establishing the Fund.
(ii) Termination date.--The
membership established pursuant to
subparagraph (A) shall terminate upon
the date of termination of the Fund.
(7) Removal procedures.--The Fund should establish
procedures for the removal of members of the Executive
Board who engage in a consistent pattern of human
rights abuses, fail to uphold global health data
transparency requirements, or otherwise violate the
established standards of the Fund, including in
relation to corruption.
(8) Enforceability.--Any agreement concluded under
the authorities provided by this section shall be
legally effective and binding upon the United States,
as may be provided in the agreement, upon--
(A) the enactment of appropriate implementing
legislation which provides for the approval of
the specific agreement or agreements, including
attachments, annexes, and supporting
documentation, as appropriate; or
(B) if concluded and submitted as a treaty,
receiving the necessary consent of the Senate.
(9) Eligible partner country defined.--In this
section, the term ``eligible partner country'' means a
country with demonstrated--
(A) need, as identified through the Joint
External Evaluation process, the Global Health
Security Index classification of health
systems, national action plans for health
security, and other complementary or successor
indicators of global health security and
pandemic preparedness; and
(B) commitment to transparency, including
budget and global health data transparency,
complying with the International Health
Regulations (2005), investing in domestic
health systems, and achieving measurable
results, and in which the Fund for Global
Health Security and Pandemic Preparedness
established under this section may finance
global health security and pandemic
preparedness assistance programs under this
title.
SEC. 5909. FUND AUTHORITIES.
(a) Program Objectives.--
(1) In general.--In carrying out the purpose set
forth in section 5908, the Fund, acting through the
Executive Board, should provide grants, including
challenge grants, technical assistance, concessional
lending, catalytic investment funds, and other
innovative funding mechanisms, as appropriate, to--
(A) help eligible partner countries close
critical gaps in health security, as identified
through the Joint External Evaluation process,
the Global Health Security Index classification
of health systems, and national action plans
for health security and other complementary or
successor indicators of global health security
and pandemic preparedness; and
(B) support measures that enable such
countries, at both national and sub-national
levels, and in partnership with civil society
and the private sector, to strengthen and
sustain resilient health systems and supply
chains with the resources, capacity, and
personnel required to prevent, detect,
mitigate, and respond to infectious disease
threats before they become pandemics.
(2) Activities supported.--The activities to be
supported by the Fund should include efforts to--
(A) enable eligible partner countries to
formulate and implement national health
security and pandemic preparedness action
plans, advance action packages under the Global
Health Security Agenda, and adopt and uphold
commitments under the International Health
Regulations (2005) and other related
international health agreements, as
appropriate;
(B) support global health security budget
planning in eligible partner countries,
including training in financial management and
budget and global health data transparency;
(C) strengthen the health security workforce,
including hiring, training, and deploying
experts to improve frontline preparedness for
emerging epidemic and pandemic threats;
(D) improve infection control and the
protection of healthcare workers within
healthcare settings;
(E) combat the threat of antimicrobial
resistance;
(F) strengthen laboratory capacity and
promote biosafety and biosecurity through the
provision of material and technical assistance;
(G) reduce the risk of bioterrorism, zoonotic
disease spillover, and accidental biological
release;
(H) build technical capacity to manage global
health security related supply chains,
including for personal protective equipment,
oxygen, testing reagents, and other lifesaving
supplies, through effective forecasting,
procurement, warehousing, and delivery from
central warehouses to points of service in both
the public and private sectors;
(I) enable bilateral, regional, and
international partnerships and cooperation,
including through pandemic early warning
systems and emergency operations centers, to
identify and address transnational infectious
disease threats exacerbated by natural and man-
made disasters, human displacement, and
zoonotic infection;
(J) establish partnerships for the sharing of
best practices and enabling eligible countries
to meet targets and indicators under the Joint
External Evaluation process, the Global Health
Security Index classification of health
systems, and national action plans for health
security relating to the detection, treatment,
and prevention of neglected tropical diseases;
(K) build the technical capacity of eligible
partner countries to prepare for and respond to
second order development impacts of infectious
disease outbreaks, while accounting for the
differentiated needs and vulnerabilities of
marginalized populations;
(L) develop and utilize metrics to monitor
and evaluate programmatic performance and
identify best practices, including in
accordance with Joint External Evaluation
benchmarks, Global Health Security Agenda
targets, and Global Health Security Index
indicators;
(M) develop and deploy mechanisms to enhance
the transparency and accountability of global
health security and pandemic preparedness
programs and data, in compliance with the
International Health Regulations (2005),
including through the sharing of trends, risks,
and lessons learned; and
(N) develop and implement simulation
exercises, produce and release after action
reports, and address related gaps.
(3) Implementation of program objectives.--In
carrying out the objectives of paragraph (1), the Fund
should work to eliminate duplication and waste by
upholding strict transparency and accountability
standards and coordinating its programs and activities
with key partners working to advance global health
security and pandemic preparedness, including--
(A) governments, civil society, faith-based,
and nongovernmental organizations, research and
academic institutions, and private sector
entities in eligible partner countries;
(B) the pandemic early warning systems and
emergency operations centers to be established
under section 5909;
(C) the World Health Organization;
(D) the Global Health Security Agenda;
(E) the Global Health Security Initiative;
(F) the Global Fund to Fight AIDS,
Tuberculosis, and Malaria;
(G) the United Nations Office for the
Coordination of Humanitarian Affairs, UNICEF,
and other relevant funds, programs, and
specialized agencies of the United Nations;
(H) Gavi, the Vaccine Alliance;
(I) the Coalition for Epidemic Preparedness
Innovations (CEPI);
(J) the Global Polio Eradication Initiative;
and
(K) the United States Coordinator for Global
Health Security and Diplomacy established under
section 5.
(b) Priority.--In providing assistance under this section,
the Fund should give priority to low-and lower-middle income
countries with--
(1) low scores on the Global Health Security Index
classification of health systems;
(2) measurable gaps in global health security and
pandemic preparedness identified under Joint External
Evaluations and national action plans for health
security;
(3) demonstrated political and financial commitment
to pandemic preparedness; and
(4) demonstrated commitment to upholding global
health budget and data transparency and accountability
standards, complying with the International Health
Regulations (2005), investing in domestic health
systems, and achieving measurable results.
(c) Eligible Grant Recipients.--Governments and
nongovernmental organizations should be eligible to receive
grants as described in this section.
SEC. 5910. FUND ADMINISTRATION.
(a) Appointment of an Administrator.--The Executive Board of
the Fund should appoint an Administrator who should be
responsible for managing the day-to-day operations of the Fund.
(b) Authority to Solicit and Accept Contributions.--The Fund
should be authorized to solicit and accept contributions from
governments, the private sector, foundations, individuals, and
nongovernmental entities of all kinds.
(c) Accountability of Funds and Criteria for Programs.--As
part of the negotiations described in section 5908(a), the
Secretary of the State, shall, consistent with subsection (d)--
(1) take such actions as are necessary to ensure that
the Fund will have in effect adequate procedures and
standards to account for and monitor the use of funds
contributed to the Fund, including the cost of
administering the Fund; and
(2) seek agreement on the criteria that should be
used to determine the programs and activities that
should be assisted by the Fund.
(d) Selection of Partner Countries, Projects, and
Recipients.--The Executive Board should establish--
(1) eligible partner country selection criteria, to
include transparent metrics to measure and assess
global health security and pandemic preparedness
strengths and vulnerabilities in countries seeking
assistance;
(2) minimum standards for ensuring eligible partner
country ownership and commitment to long-term results,
including requirements for domestic budgeting, resource
mobilization, and co-investment;
(3) criteria for the selection of projects to receive
support from the Fund;
(4) standards and criteria regarding qualifications
of recipients of such support;
(5) such rules and procedures as may be necessary for
cost-effective management of the Fund; and
(6) such rules and procedures as may be necessary to
ensure transparency and accountability in the grant-
making process.
(e) Additional Transparency and Accountability
Requirements.--
(1) Inspector general.--
(A) In general.--The Secretary of State shall
seek to ensure that the Fund maintains an
independent Office of the Inspector General and
ensure that the office has the requisite
resources and capacity to regularly conduct and
publish, on a publicly accessible website,
rigorous financial, programmatic, and reporting
audits and investigations of the Fund and its
grantees.
(B) Sense of congress on corruption.--It is
the sense of Congress that--
(i) corruption within global health
programs contribute directly to the
loss of human life and cannot be
tolerated; and
(ii) in making financial recoveries
relating to a corrupt act or criminal
conduct under a grant, as determined by
the Inspector General, the responsible
grant recipient should be assessed at a
recovery rate of up to 150 percent of
such loss.
(2) Administrative expenses.--The Secretary of State
shall seek to ensure the Fund establishes, maintains,
and makes publicly available a system to track the
administrative and management costs of the Fund on a
quarterly basis.
(3) Financial tracking systems.--The Secretary of
State shall ensure that the Fund establishes,
maintains, and makes publicly available a system to
track the amount of funds disbursed to each grant
recipient and sub-recipient during a grant's fiscal
cycle.
SEC. 5911. FUND ADVISORY BOARD.
(a) In General.--There should be an Advisory Board to the
Fund.
(b) Appointments.--The members of the Advisory Board should
be composed of--
(1) individuals with experience and leadership in the
fields of development, global health, epidemiology,
medicine, biomedical research, and social sciences; and
(2) representatives of relevant United Nations
agencies, including the World Health Organization, and
nongovernmental organizations with on-the-ground
experience in implementing global health programs in
low and lower-middle income countries.
(c) Responsibilities.--The Advisory Board should provide
advice and guidance to the Executive Board of the Fund on the
development and implementation of programs and projects to be
assisted by the Fund and on leveraging donations to the Fund.
(d) Prohibition on Payment of Compensation.--
(1) In general.--Except for travel expenses
(including per diem in lieu of subsistence), no member
of the Advisory Board should receive compensation for
services performed as a member of the Board.
(2) United states representative.--Notwithstanding
any other provision of law (including an international
agreement), a representative of the United States on
the Advisory Board may not accept compensation for
services performed as a member of the Board, except
that such representative may accept travel expenses,
including per diem in lieu of subsistence, while away
from the representative's home or regular place of
business in the performance of services for the Board.
(e) Conflicts of Interest.--Members of the Advisory Board
should be required to disclose any potential conflicts of
interest prior to serving on the Advisory Board.
SEC. 5912. REPORTS TO CONGRESS ON THE FUND.
(a) Status Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development, and the heads of other relevant
Federal departments and agencies, shall submit to the
appropriate congressional committees a report detailing the
progress of international negotiations to establish the Fund.
(b) Annual Report.--
(1) In general.--Not later than 1 year after the date
of the establishment of the Fund, and annually
thereafter for the duration of the Fund, the Secretary
of State, shall submit to the appropriate congressional
committees a report on the Fund.
(2) Report elements.--The report shall include a
description of--
(A) the goals of the Fund;
(B) the programs, projects, and activities
supported by the Fund;
(C) private and governmental contributions to
the Fund; and
(D) the criteria utilized to determine the
programs and activities that should be assisted
by the Fund.
(c) GAO Report on Effectiveness.--Not later than 2 years
after the date that the Fund comes into effect, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report evaluating the effectiveness
of the Fund, including--
(1) the effectiveness of the programs, projects, and
activities supported by the Fund; and
(2) an assessment of the merits of continued United
States participation in the Fund.
SEC. 5913. UNITED STATES CONTRIBUTIONS.
(a) In General.--Subject to submission of the certification
under this section, the President is authorized to make
available for United States contributions to the Fund such
funds as may be authorized to be made available for such
purpose.
(b) Notification.--The Secretary of State shall notify the
appropriate congressional committees not later than 15 days in
advance of making a contribution to the Fund, including--
(1) the amount of the proposed contribution;
(2) the total of funds contributed by other donors;
and
(3) the national interests served by United States
participation in the Fund.
(c) Limitation.--At no point during the five years after
enactment of this Act shall a United States contribution to the
Fund cause the cumulative total of United States contributions
to the Fund to exceed 33 percent of the total contributions to
the Fund from all sources.
(d) Withholdings.--
(1) Support for acts of international terrorism.--If
at any time the Secretary of State determines that the
Fund has provided assistance to a country, the
government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371) has repeatedly
provided support for acts of international terrorism,
the United States shall withhold from its contribution
to the Fund for the next fiscal year an amount equal to
the amount expended by the Fund to the government of
such country.
(2) Excessive salaries.--If at any time during the
five years after enactment of this Act, the Secretary
of State determines that the salary of any individual
employed by the Fund exceeds the salary of the Vice
President of the United States for that fiscal year,
then the United States should withhold from its
contribution for the next fiscal year an amount equal
to the aggregate amount by which the salary of each
such individual exceeds the salary of the Vice
President of the United States.
(3) Accountability certification requirement.--The
Secretary of State may withhold not more than 20
percent of planned United States contributions to the
Fund until the Secretary certifies to the appropriate
congressional committees that the Fund has established
procedures to provide access by the Office of Inspector
General of the Department of State, as cognizant
Inspector General, the Inspector General of the
Department of Health and Human Services, the Inspector
General of the United States Agency for International
Development, and the Comptroller General of the United
States to the Fund's financial data and other
information relevant to United States contributions to
the Fund (as determined by the Inspector General of the
Department of State, in consultation with the Secretary
of State).
SEC. 5914. COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND
ACCOUNTABILITY ACT OF 2016.
Section 2(3) of the Foreign Aid Transparency and
Accountability Act of 2016 (Public Law 114-191; 22 U.S.C. 2394c
note) is amended--
(1) in subparagraph (D), by striking ``and'' at the
end;
(2) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(F) the Global Health Security Act of
2022.''.
SEC. 5915. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional Committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Global health security.--The term ``global health
security'' means activities supporting epidemic and
pandemic preparedness and capabilities at the country
and global levels in order to minimize vulnerability to
acute public health events that can endanger the health
of populations across geographical regions and
international boundaries.
SEC. 5916. SUNSET.
This title, and the amendments made by this title shall cease
to be effective 5 fiscal years after the enactment of this Act.
----------
492. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of division E, insert the following:
TITLE LIX--PROTECTION OF SAUDI DISSIDENTS
SEC. 5901. RESTRICTIONS ON TRANSFERS OF DEFENSE ARTICLES AND SERVICES,
DESIGN AND CONSTRUCTION SERVICES, AND MAJOR DEFENSE
EQUIPMENT TO SAUDI ARABIA.
(a) Initial Period.--During the 120-day period beginning on
the date of the enactment of this Act, the President may not
sell, authorize a license for the export of, or otherwise
transfer any defense articles or defense services, design and
construction services, or major defense equipment under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) to an
intelligence, internal security, or law enforcement agency or
instrumentality of the Government of Saudi Arabia, or to any
person acting as an agent of or on behalf of such agency or
instrumentality.
(b) Subsequent Periods.--
(1) In general.--During the 120-day period beginning
after the end of the 120-day period described in
subsection (a), and each 120-day period thereafter, the
President may not sell, authorize a license for the
export of, or otherwise transfer any defense articles
or services, design and construction services, or major
defense equipment under the Arms Export Control Act (22
U.S.C. 2751 et seq.), regardless of the amount of such
articles, services, or equipment, to an intelligence,
internal security, or law enforcement agency or
instrumentality of the Government of Saudi Arabia, or
to any person acting as an agent of or on behalf of
such agency or instrumentality, unless the President
has submitted to the chairman and ranking member of the
appropriate congressional committees a certification
described in paragraph (2).
(2) Certification.--A certification described in this
paragraph is a certification that contains a
determination of the President that, during the 120-day
period preceding the date of submission of the
certification, the United States Government has not
determined that the Government of Saudi Arabia has
conducted any of the following activities:
(A) Forced repatriation, intimidation, or
killing of dissidents in other countries.
(B) The unjust imprisonment in Saudi Arabia
of United States citizens or aliens lawfully
admitted for permanent residence or the
prohibition on these individuals and their
family members from exiting Saudi Arabia.
(C) Torture of detainees in the custody of
the Government of Saudi Arabia.
(c) Exception.--The restrictions in this section shall not
apply with respect to the sale, authorization of a license for
export, or transfer of any defense articles or services, design
and construction services, or major defense equipment under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for use in--
(1) the defense of the territory of Saudi Arabia from
external threats; or
(2) the defense of United States military or
diplomatic personnel or United States facilities
located in Saudi Arabia.
(d) Waiver.--
(1) In general.--The President may waive the
restrictions in this section if the President submits
to the appropriate congressional committees a report
not later than 15 days before the granting of such
waiver that contains--
(A) a determination of the President that
such a waiver is in the vital national security
interests of the United States; and
(B) a detailed justification for the use of
such waiver and the reasons why the
restrictions in this section cannot be met.
(2) Form.--The report required by this subsection
shall be submitted in unclassified form but may contain
a classified annex.
(e) Sunset.--This section shall terminate on the date that is
3 years after the date of the enactment of this Act.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Permanent
Select Committee on Intelligence, and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on Armed
Services of the Senate.
SEC. 5902. REPORT ON CONSISTENT PATTERN OF ACTS OF INTIMIDATION OR
HARASSMENT DIRECTED AGAINST INDIVIDUALS IN THE
UNITED STATES.
(a) Findings.--Congress finds the following:
(1) Section 6 of the Arms Export Control Act (22
U.S.C. 2756) states the following: ``No letters of
offer may be issued, no credits or guarantees may be
extended, and no export licenses may be issued under
this Act with respect to any country determined by the
President to be engaged in a consistent pattern of acts
of intimidation or harassment directed against
individuals in the United States''.
(2) Section 6 of the Arms Export Control Act further
requires the President to report any such determination
promptly to the Speaker of the House of
Representatives, the Committee on Foreign Affairs of
the House of Representatives, and to the chairman of
the Committee on Foreign Relations of the Senate.
(b) Report on Acts of Intimidation or Harassment Against
Individuals in the United States.--Not later than 60 days after
the date of the enactment of this Act, the President shall
submit to the appropriate congressional committees a report
on--
(1) whether any official of the Government of Saudi
Arabia engaged in a consistent pattern of acts of
intimidation or harassment directed against Jamal
Khashoggi or any individual in the United States; and
(2) whether any United States-origin defense articles
were used in the activities described in paragraph (1).
(c) Form.--The report required by subsection (b) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 5903. REPORT AND CERTIFICATION WITH RESPECT TO SAUDI DIPLOMATS AND
DIPLOMATIC FACILITIES IN THE UNITED STATES.
(a) Report on Saudi Diplomats and Diplomatic Facilities in
United States.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report covering the
three-year period preceding such date of enactment regarding
whether and to what extent covered persons used diplomatic
credentials, visas, or covered facilities to facilitate
monitoring, tracking, surveillance, or harassment of, or harm
to, other nationals of Saudi Arabia living in the United
States.
(b) Certification.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, and each 120-day
period thereafter, the President shall, if the
President determines that such is the case, submit to
the appropriate congressional committees a
certification that the United States Government has not
determined covered persons to be using diplomatic
credentials, visas, or covered facilities to facilitate
serious harassment of, or harm to, other nationals of
Saudi Arabia living in the United States during the
time period covered by each such certification.
(2) Failure to submit certification.--If the
President does not submit a certification under
paragraph (1), the President shall--
(A) close one or more covered facilities for
such period of time until the President does
submit such a certification; and
(B) submit to the appropriate congressional
committee a report that contains--
(i) a detailed explanation of why the
President is unable to make such a
certification;
(ii) a list and summary of
engagements of the United States
Government with the Government of Saudi
Arabia regarding the use of diplomatic
credentials, visas, or covered
facilities described in paragraph (1);
and
(iii) a description of actions the
United States Government has taken or
intends to take in response to the use
of diplomatic credentials, visas, or
covered facilities described in
paragraph (1).
(c) Form.--The report required by subsection (a) and the
certification and report required by subsection (b) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Waiver.--
(1) In general.--The President may waive the
restrictions in this section if the President submits
to the appropriate congressional committees a report
not later than 15 days before the granting of such
waiver that contains--
(A) a determination of the President that
such a waiver is in the vital national security
interests of the United States; and
(B) a detailed justification for the use of
such waiver and the reasons why the
restrictions in this section cannot be met.
(2) Form.--The report required by this subsection
shall be submitted in unclassified form but may contain
a classified annex.
(e) Sunset.--This section shall terminate on the date that is
3 years after the date of the enactment of this Act.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of
the House of Representatives; and
(B) the Committee on Foreign Relations and
the Select Committee on Intelligence of the
Senate.
(2) The term ``covered facility'' means a diplomatic
or consular facility of Saudi Arabia in the United
States.
(3) The term ``covered person'' means a national of
Saudi Arabia credentialed to a covered facility.
SEC. 5904. REPORT ON THE DUTY TO WARN OBLIGATION OF THE GOVERNMENT OF
THE UNITED STATES.
(a) Findings.--Congress finds that Intelligence Community
Directive 191 provides that--
(1) when an element of the intelligence community of
the United States collects or acquires credible and
specific information indicating an impending threat of
intentional killing, serious bodily injury, or
kidnapping directed at a person, the agency must ``warn
the intended victim or those responsible for protecting
the intended victim, as appropriate'' unless an
applicable waiver of the duty is granted by the
appropriate official within the element; and
(2) when issues arise with respect to whether the
threat information rises to the threshold of ``duty to
warn'', the directive calls for resolution in favor of
warning the intended victim.
(b) Report on Duty to Warn.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the heads of other relevant
United States intelligence agencies, shall submit to the
appropriate congressional committees a report with respect to--
(1) whether and how the intelligence community
fulfilled its duty to warn Jamal Khashoggi of threats
to his life and liberty pursuant to Intelligence
Community Directive 191; and
(2) in the case of the intelligence community not
fulfilling its duty to warn as described in paragraph
(1), why the intelligence community did not fulfill
this duty.
(c) Form.--The report required by subsection (b) shall be
submitted in unclassified form but may contain a classified
annex.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of
the House of Representatives; and
(B) the Committee on Foreign Relations and
the Select Committee on Intelligence of the
Senate.
(2) The term ``duty to warn'' has the meaning given
that term in Intelligence Community Directive 191, as
in effect on July 21, 2015.
(3) The term ``intelligence community'' has the
meaning given such term in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4)).
(4) The term ``relevant United States intelligence
agency'' means any element of the intelligence
community that may have possessed intelligence
reporting regarding threats to Jamal Khashoggi.
----------
493. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, insert the
following:
SEC. 5806. FEDRAMP AUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the ``FedRAMP
Authorization Act''.
(b) Amendment.--Chapter 36 of title 44, United States Code,
is amended by adding at the end the following:
``Sec. 3607. Definitions
``(a) In General.--Except as provided under subsection (b),
the definitions under sections 3502 and 3552 apply to this
section through section 3616.
``(b) Additional Definitions.--In this section through
section 3616:
``(1) Administrator.--The term `Administrator' means
the Administrator of General Services.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Reform
of the House of Representatives.
``(3) Authorization to operate; federal
information.--The terms `authorization to operate' and
`Federal information' have the meaning given those term
in Circular A-130 of the Office of Management and
Budget entitled `Managing Information as a Strategic
Resource', or any successor document.
``(4) Cloud computing.--The term `cloud computing'
has the meaning given the term in Special Publication
800-145 of the National Institute of Standards and
Technology, or any successor document.
``(5) Cloud service provider.--The term `cloud
service provider' means an entity offering cloud
computing products or services to agencies.
``(6) FedRAMP.--The term `FedRAMP' means the Federal
Risk and Authorization Management Program established
under section 3608.
``(7) FedRAMP authorization.--The term `FedRAMP
authorization' means a certification that a cloud
computing product or service has--
``(A) completed a FedRAMP authorization
process, as determined by the Administrator; or
``(B) received a FedRAMP provisional
authorization to operate, as determined by the
FedRAMP Board.
``(8) Fedramp authorization package.--The term
`FedRAMP authorization package' means the essential
information that can be used by an agency to determine
whether to authorize the operation of an information
system or the use of a designated set of common
controls for all cloud computing products and services
authorized by FedRAMP.
``(9) FedRAMP board.--The term `FedRAMP Board' means
the board established under section 3610.
``(10) Independent assessment service.--The term
`independent assessment service' means a third-party
organization accredited by the Administrator to
undertake conformity assessments of cloud service
providers and the products or services of cloud service
providers.
``(11) Secretary.--The term `Secretary' means the
Secretary of Homeland Security.
``Sec. 3608. Federal Risk and Authorization Management Program
``There is established within the General Services
Administration the Federal Risk and Authorization Management
Program. The Administrator, subject to section 3614, shall
establish a Government-wide program that provides a
standardized, reusable approach to security assessment and
authorization for cloud computing products and services that
process unclassified information used by agencies.
``Sec. 3609. Roles and responsibilities of the General Services
Administration
``(a) Roles and Responsibilities.--The Administrator shall--
``(1) in consultation with the Secretary, develop,
coordinate, and implement a process to support agency
review, reuse, and standardization, where appropriate,
of security assessments of cloud computing products and
services, including, as appropriate, oversight of
continuous monitoring of cloud computing products and
services, pursuant to guidance issued by the Director
pursuant to section 3614;
``(2) establish processes and identify criteria
consistent with guidance issued by the Director under
section 3614 to make a cloud computing product or
service eligible for a FedRAMP authorization and
validate whether a cloud computing product or service
has a FedRAMP authorization;
``(3) develop and publish templates, best practices,
technical assistance, and other materials to support
the authorization of cloud computing products and
services and increase the speed, effectiveness, and
transparency of the authorization process, consistent
with standards and guidelines established by the
Director of the National Institute of Standards and
Technology and relevant statutes;
``(4) establish and update guidance on the boundaries
of FedRAMP authorization packages to enhance the
security and protection of Federal information and
promote transparency for agencies and users as to which
services are included in the scope of a FedRAMP
authorization;
``(5) grant FedRAMP authorizations to cloud computing
products and services consistent with the guidance and
direction of the FedRAMP Board;
``(6) establish and maintain a public comment process
for proposed guidance and other FedRAMP directives that
may have a direct impact on cloud service providers and
agencies before the issuance of such guidance or other
FedRAMP directives;
``(7) coordinate with the FedRAMP Board, the Director
of the Cybersecurity and Infrastructure Security
Agency, and other entities identified by the
Administrator, with the concurrence of the Director and
the Secretary, to establish and regularly update a
framework for continuous monitoring under section 3553;
``(8) provide a secure mechanism for storing and
sharing necessary data, including FedRAMP authorization
packages, to enable better reuse of such packages
across agencies, including making available any
information and data necessary for agencies to fulfill
the requirements of section 3613;
``(9) provide regular updates to applicant cloud
service providers on the status of any cloud computing
product or service during an assessment process;
``(10) regularly review, in consultation with the
FedRAMP Board--
``(A) the costs associated with the
independent assessment services described in
section 3611; and
``(B) the information relating to foreign
interests submitted pursuant to section 3612;
``(11) in coordination with the Director of the
National Institute of Standards and Technology, the
Director, the Secretary, and other stakeholders, as
appropriate, determine the sufficiency of underlying
standards and requirements to identify and assess the
provenance of the software in cloud services and
products;
``(12) support the Federal Secure Cloud Advisory
Committee established pursuant to section 3616; and
``(13) take such other actions as the Administrator
may determine necessary to carry out FedRAMP.
``(b) Website.--
``(1) In general.--The Administrator shall maintain a
public website to serve as the authoritative repository
for FedRAMP, including the timely publication and
updates for all relevant information, guidance,
determinations, and other materials required under
subsection (a).
``(2) Criteria and process for fedramp authorization
priorities.--The Administrator shall develop and make
publicly available on the website described in
paragraph (1) the criteria and process for prioritizing
and selecting cloud computing products and services
that will receive a FedRAMP authorization, in
consultation with the FedRAMP Board and the Chief
Information Officers Council.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The Administrator, in coordination
with the Secretary, shall assess and evaluate available
automation capabilities and procedures to improve the
efficiency and effectiveness of the issuance of FedRAMP
authorizations, including continuous monitoring of
cloud computing products and services.
``(2) Means for automation.--Not later than 1 year
after the date of enactment of this section, and
updated regularly thereafter, the Administrator shall
establish a means for the automation of security
assessments and reviews.
``(d) Metrics for Authorization.--The Administrator shall
establish annual metrics regarding the time and quality of the
assessments necessary for completion of a FedRAMP authorization
process in a manner that can be consistently tracked over time
in conjunction with the periodic testing and evaluation process
pursuant to section 3554 in a manner that minimizes the agency
reporting burden.
``Sec. 3610. FedRAMP Board
``(a) Establishment.--There is established a FedRAMP Board to
provide input and recommendations to the Administrator
regarding the requirements and guidelines for, and the
prioritization of, security assessments of cloud computing
products and services.
``(b) Membership.--The FedRAMP Board shall consist of not
more than 7 senior officials or experts from agencies appointed
by the Director, in consultation with the Administrator, from
each of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the
Director, in consultation with the Administrator.
``(c) Qualifications.--Members of the FedRAMP Board appointed
under subsection (b) shall have technical expertise in domains
relevant to FedRAMP, such as--
``(1) cloud computing;
``(2) cybersecurity;
``(3) privacy;
``(4) risk management; and
``(5) other competencies identified by the Director
to support the secure authorization of cloud services
and products.
``(d) Duties.--The FedRAMP Board shall--
``(1) in consultation with the Administrator, serve
as a resource for best practices to accelerate the
process for obtaining a FedRAMP authorization;
``(2) establish and regularly update requirements and
guidelines for security authorizations of cloud
computing products and services, consistent with
standards and guidelines established by the Director of
the National Institute of Standards and Technology, to
be used in the determination of FedRAMP authorizations;
``(3) monitor and oversee, to the greatest extent
practicable, the processes and procedures by which
agencies determine and validate requirements for a
FedRAMP authorization, including periodic review of the
agency determinations described in section 3613(b);
``(4) ensure consistency and transparency between
agencies and cloud service providers in a manner that
minimizes confusion and engenders trust; and
``(5) perform such other roles and responsibilities
as the Director may assign, with concurrence from the
Administrator.
``(e) Determinations of Demand for Cloud Computing Products
and Services.--The FedRAMP Board may consult with the Chief
Information Officers Council to establish a process, which may
be made available on the website maintained under section
3609(b), for prioritizing and accepting the cloud computing
products and services to be granted a FedRAMP authorization.
``Sec. 3611. Independent assessment
``The Administrator may determine whether FedRAMP may use an
independent assessment service to analyze, validate, and attest
to the quality and compliance of security assessment materials
provided by cloud service providers during the course of a
determination of whether to use a cloud computing product or
service.
``Sec. 3612. Declaration of foreign interests
``(a) In General.--An independent assessment service that
performs services described in section 3611 shall annually
submit to the Administrator information relating to any foreign
interest, foreign influence, or foreign control of the
independent assessment service.
``(b) Updates.--Not later than 48 hours after there is a
change in foreign ownership or control of an independent
assessment service that performs services described in section
3611, the independent assessment service shall submit to the
Administrator an update to the information submitted under
subsection (a).
``(c) Certification.--The Administrator may require a
representative of an independent assessment service to certify
the accuracy and completeness of any information submitted
under this section.
``Sec. 3613. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of
FedRAMP, the head of each agency shall, consistent with
guidance issued by the Director pursuant to section 3614--
``(1) promote the use of cloud computing products and
services that meet FedRAMP security requirements and
other risk-based performance requirements as determined
by the Director, in consultation with the Secretary;
``(2) confirm whether there is a FedRAMP
authorization in the secure mechanism provided under
section 3609(a)(8) before beginning the process of
granting a FedRAMP authorization for a cloud computing
product or service;
``(3) to the extent practicable, for any cloud
computing product or service the agency seeks to
authorize that has received a FedRAMP authorization,
use the existing assessments of security controls and
materials within any FedRAMP authorization package for
that cloud computing product or service; and
``(4) provide to the Director data and information
required by the Director pursuant to section 3614 to
determine how agencies are meeting metrics established
by the Administrator.
``(b) Attestation.--Upon completing an assessment or
authorization activity with respect to a particular cloud
computing product or service, if an agency determines that the
information and data the agency has reviewed under paragraph
(2) or (3) of subsection (a) is wholly or substantially
deficient for the purposes of performing an authorization of
the cloud computing product or service, the head of the agency
shall document as part of the resulting FedRAMP authorization
package the reasons for this determination.
``(c) Submission of Authorizations to Operate Required.--Upon
issuance of an agency authorization to operate based on a
FedRAMP authorization, the head of the agency shall provide a
copy of its authorization to operate letter and any
supplementary information required pursuant to section 3609(a)
to the Administrator.
``(d) Submission of Policies Required.--Not later than 180
days after the date on which the Director issues guidance in
accordance with section 3614(1), the head of each agency,
acting through the chief information officer of the agency,
shall submit to the Director all agency policies relating to
the authorization of cloud computing products and services.
``(e) Presumption of Adequacy.--
``(1) In general.--The assessment of security
controls and materials within the authorization package
for a FedRAMP authorization shall be presumed adequate
for use in an agency authorization to operate cloud
computing products and services.
``(2) Information security requirements.--The
presumption under paragraph (1) does not modify or
alter--
``(A) the responsibility of any agency to
ensure compliance with subchapter II of chapter
35 for any cloud computing product or service
used by the agency; or
``(B) the authority of the head of any agency
to make a determination that there is a
demonstrable need for additional security
requirements beyond the security requirements
included in a FedRAMP authorization for a
particular control implementation.
``Sec. 3614. Roles and responsibilities of the Office of Management and
Budget
``The Director shall--
``(1) in consultation with the Administrator and the
Secretary, issue guidance that--
``(A) specifies the categories or
characteristics of cloud computing products and
services that are within the scope of FedRAMP;
``(B) includes requirements for agencies to
obtain a FedRAMP authorization when operating a
cloud computing product or service described in
subparagraph (A) as a Federal information
system; and
``(C) encompasses, to the greatest extent
practicable, all necessary and appropriate
cloud computing products and services;
``(2) issue guidance describing additional
responsibilities of FedRAMP and the FedRAMP Board to
accelerate the adoption of secure cloud computing
products and services by the Federal Government;
``(3) in consultation with the Administrator,
establish a process to periodically review FedRAMP
authorization packages to support the secure
authorization and reuse of secure cloud products and
services;
``(4) oversee the effectiveness of FedRAMP and the
FedRAMP Board, including the compliance by the FedRAMP
Board with the duties described in section 3610(d); and
``(5) to the greatest extent practicable, encourage
and promote consistency of the assessment,
authorization, adoption, and use of secure cloud
computing products and services within and across
agencies.
``Sec. 3615. Reports to Congress; GAO report
``(a) Reports to Congress.--Not later than 1 year after the
date of enactment of this section, and annually thereafter, the
Director shall submit to the appropriate congressional
committees a report that includes the following:
``(1) During the preceding year, the status,
efficiency, and effectiveness of the General Services
Administration under section 3609 and agencies under
section 3613 and in supporting the speed,
effectiveness, sharing, reuse, and security of
authorizations to operate for secure cloud computing
products and services.
``(2) Progress towards meeting the metrics required
under section 3609(d).
``(3) Data on FedRAMP authorizations.
``(4) The average length of time to issue FedRAMP
authorizations.
``(5) The number of FedRAMP authorizations submitted,
issued, and denied for the preceding year.
``(6) A review of progress made during the preceding
year in advancing automation techniques to securely
automate FedRAMP processes and to accelerate reporting
under this section.
``(7) The number and characteristics of authorized
cloud computing products and services in use at each
agency consistent with guidance provided by the
Director under section 3614.
``(8) A review of FedRAMP measures to ensure the
security of data stored or processed by cloud service
providers, which may include--
``(A) geolocation restrictions for provided
products or services;
``(B) disclosures of foreign elements of
supply chains of acquired products or services;
``(C) continued disclosures of ownership of
cloud service providers by foreign entities;
and
``(D) encryption for data processed, stored,
or transmitted by cloud service providers.
``(b) GAO Report.--Not later than 180 days after the date of
enactment of this section, the Comptroller General of the
United States shall report to the appropriate congressional
committees an assessment of the following:
``(1) The costs incurred by agencies and cloud
service providers relating to the issuance of FedRAMP
authorizations.
``(2) The extent to which agencies have processes in
place to continuously monitor the implementation of
cloud computing products and services operating as
Federal information systems.
``(3) How often and for which categories of products
and services agencies use FedRAMP authorizations.
``(4) The unique costs and potential burdens incurred
by cloud computing companies that are small business
concerns (as defined in section 3(a) of the Small
Business Act (15 U.S.C. 632(a)) as a part of the
FedRAMP authorization process.
``Sec. 3616. Federal Secure Cloud Advisory Committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal
Secure Cloud Advisory Committee (referred to in this
section as the `Committee') to ensure effective and
ongoing coordination of agency adoption, use,
authorization, monitoring, acquisition, and security of
cloud computing products and services to enable agency
mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are
the following:
``(A) To examine the operations of FedRAMP
and determine ways that authorization processes
can continuously be improved, including the
following:
``(i) Measures to increase agency
reuse of FedRAMP authorizations.
``(ii) Proposed actions that can be
adopted to reduce the burden,
confusion, and cost associated with
FedRAMP authorizations for cloud
service providers.
``(iii) Measures to increase the
number of FedRAMP authorizations for
cloud computing products and services
offered by small businesses concerns
(as defined by section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
``(iv) Proposed actions that can be
adopted to reduce the burden and cost
of FedRAMP authorizations for agencies.
``(B) Collect information and feedback on
agency compliance with and implementation of
FedRAMP requirements.
``(C) Serve as a forum that facilitates
communication and collaboration among the
FedRAMP stakeholder community.
``(3) Duties.--The duties of the Committee include
providing advice and recommendations to the
Administrator, the FedRAMP Board, and agencies on
technical, financial, programmatic, and operational
matters regarding secure adoption of cloud computing
products and services.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised
of not more than 15 members who are qualified
representatives from the public and private sectors,
appointed by the Administrator, in consultation with
the Director, as follows:
``(A) The Administrator or the
Administrator's designee, who shall be the
Chair of the Committee.
``(B) At least 1 representative each from the
Cybersecurity and Infrastructure Security
Agency and the National Institute of Standards
and Technology.
``(C) At least 2 officials who serve as the
Chief Information Security Officer within an
agency, who shall be required to maintain such
a position throughout the duration of their
service on the Committee.
``(D) At least 1 official serving as Chief
Procurement Officer (or equivalent) in an
agency, who shall be required to maintain such
a position throughout the duration of their
service on the Committee.
``(E) At least 1 individual representing an
independent assessment service.
``(F) At least 5 representatives from unique
businesses that primarily provide cloud
computing services or products, including at
least 2 representatives from a small business
concern (as defined by section 3(a) of the
Small Business Act (15 U.S.C. 632(a))).
``(G) At least 2 other representatives of the
Federal Government as the Administrator
determines necessary to provide sufficient
balance, insights, or expertise to the
Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 90 days
after the date of enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of
the Committee shall be appointed for a term of
3 years, except that the initial terms for
members may be staggered 1-, 2-, or 3-year
terms to establish a rotation in which one-
third of the members are selected each year.
Any such member may be appointed for not more
than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the
Committee shall not affect its powers, but
shall be filled in the same manner in which the
original appointment was made. Any member
appointed to fill a vacancy occurring before
the expiration of the term for which the
member's predecessor was appointed shall be
appointed only for the remainder of that term.
A member may serve after the expiration of that
member's term until a successor has taken
office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer
than 3 meetings in a calendar year, at such time and
place as determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after
the date of enactment of this section, the Committee
shall meet and begin the operations of the Committee.
``(3) Rules of procedure.--The Committee may
establish rules for the conduct of the business of the
Committee if such rules are not inconsistent with this
section or other applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other
than a member who is appointed to the Committee in
connection with another Federal appointment) shall not
be considered an employee of the Federal Government by
reason of any service as such a member, except for the
purposes of section 5703 of title 5, relating to travel
expenses.
``(2) Pay not permitted.--A member of the Committee
covered by paragraph (1) may not receive pay by reason
of service on the Committee.
``(e) Applicability to the Federal Advisory Committee Act.--
Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Committee.
``(f) Detail of Employees.--Any Federal Government employee
may be detailed to the Committee without reimbursement from the
Committee, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
``(g) Postal Services.--The Committee may use the United
States mails in the same manner and under the same conditions
as agencies.
``(h) Reports.--
``(1) Interim reports.--The Committee may submit to
the Administrator and Congress interim reports
containing such findings, conclusions, and
recommendations as have been agreed to by the
Committee.
``(2) Annual reports.--Not later than 540 days after
the date of enactment of this section, and annually
thereafter, the Committee shall submit to the
Administrator and Congress a report containing such
findings, conclusions, and recommendations as have been
agreed to by the Committee.''.
(c) Technical and Conforming Amendment.--The table of
sections for chapter 36 of title 44, United States Code, is
amended by adding at the end the following new items:
``3607. Definitions.
``3608. Federal Risk and Authorization Management Program.
``3609. Roles and responsibilities of the General Services
Administration.
``3610. FedRAMP Board.
``3611. Independent assessment.
``3612. Declaration of foreign interests.
``3613. Roles and responsibilities of agencies.
``3614. Roles and responsibilities of the Office of Management and
Budget.
``3615. Reports to Congress; GAO report.
``3616. Federal Secure Cloud Advisory Committee.''.
(d) Sunset.--
(1) In general.--Effective on the date that is 5
years after the date of enactment of this Act, chapter
36 of title 44, United States Code, is amended by
striking sections 3607 through 3616.
(2) Conforming amendment.--Effective on the date that
is 5 years after the date of enactment of this Act, the
table of sections for chapter 36 of title 44, United
States Code, is amended by striking the items relating
to sections 3607 through 3616.
(e) Rule of Construction.--Nothing in this section or any
amendment made by this section shall be construed as altering
or impairing the authorities of the Director of the Office of
Management and Budget or the Secretary of Homeland Security
under subchapter II of chapter 35 of title 44, United States
Code.
----------
494. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
Insert in the appropriate place in division E the following:
SEC. __. AMENDMENT.
Section 1115 of title 31, United States Code, is amended--
(1) by amending subsection (b)(5) to read as follows:
``(5) provide a description of how the performance
goals are to be achieved, including--
``(A) the human capital, training, data and
evidence, information technology, and skill
sets required to meet the performance goals;
``(B) the technology modernization
investments, system upgrades, staff technology
skills and expertise, stakeholder input and
feedback, and other resources and strategies
needed and required to meet the performance
goals;
``(C) clearly defined milestones;
``(D) an identification of the organizations,
program activities, regulations, policies,
operational processes, and other activities
that contribute to each performance goal, both
within and external to the agency;
``(E) a description of how the agency is
working with other agencies and the
organizations identified in subparagraph (D) to
measure and achieve its performance goals as
well as relevant Federal Government performance
goals; and
``(F) an identification of the agency
officials responsible for the achievement of
each performance goal, who shall be known as
goal leaders;''; and
(2) by amending subsection (g) to read as follows:
``(g) Preparation of Performance Plan.--The Performance
Improvement Officer of each agency (or the functional
equivalent) shall collaborate with the Chief Human Capital
Officer (or the functional equivalent), the Chief Information
Officer (or the functional equivalent), the Chief Data Officer
(or the functional equivalent), and the Chief Financial Officer
(or the functional equivalent) of that agency to prepare that
portion of the annual performance plan described under
subsection (b)(5) for that agency.''.
----------
495. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of title LVIII add the following:
SEC. __. ART IN EMBASSIES.
Section 5112(c) of the Department of State Authorization Act
of 2021 (Division E of Public Law 117-81) is amended by
striking ``2 years'' and inserting ``1 year''.
----------
496. An Amendment To Be Offered by Representative Costa of California
or His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. ___. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES.
The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et
seq.) is amended--
(1) in section 211 (34 U.S.C. 20301)--
(A) in paragraph (1)--
(i) by striking ``3,300,000'' and
inserting ``3,400,000''; and
(ii) by striking ``, and drug abuse
is associated with a significant
portion of these'';
(B) by redesignating paragraphs (3) through
(8) as paragraphs (4) through (9),
respectively;
(C) by inserting afer paragraph (2) the
following:
``(3) a key to a child victim healing from abuse is
access to supportive and healthy families and
communities;''; and
(D) in paragraph (9)(B), as so redesignated,
by inserting ``, and operations of centers''
before the period at the end;
(2) in section 212 (34 U.S.C. 20302)--
(A) in paragraph (5), by inserting
``coordinated team'' before ``response''; and
(B) in paragraph (8), by inserting
``organizational capacity'' before ``support'';
(3) in section 213 (34 U.S.C. 20303)--
(A) in subsection (a)--
(i) in the heading, by inserting
``and Maintenance'' after
``Establishment'';
(ii) in the matter preceding
paragraph (1)--
(I) by striking ``, in
coordination with the Director
of the Office of Victims of
Crime,''; and
(II) by inserting ``and
maintain'' after ``establish'';
(iii) in paragraph (3)--
(I) by striking ``and victim
advocates'' and inserting
``victim advocates,
multidisciplinary team
leadership, and children's
advocacy center staff''; and
(II) by striking ``and'' at
the end;
(iv) by redesignating paragraph (4)
as paragraph (5);
(v) by inserting after paragraph (3)
the following:
``(4) provide technical assistance, training,
coordination, and organizational capacity support for
State chapters; and''; and
(vi) in paragraph (5), as so
redesignated, by striking ``and
oversight to'' and inserting
``organizational capacity support, and
oversight of'';
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
inserting ``and maintain''
after ``establish''; and
(II) in the matter following
subparagraph (B), by striking
``and technical assistance to
aid communities in
establishing'' and inserting
``training and technical
assistance to aid communities
in establishing and
maintaining''; and
(ii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) in clause (ii),
by inserting ``Center''
after ``Advocacy''; and
(bb) in clause (iii),
by striking ``of,
assessment of, and
intervention in'' and
inserting ``and
intervention in
child''; and
(II) in subparagraph (B), by
striking ``centers and
interested communities'' and
inserting ``centers, interested
communities, and chapters'';
and
(C) in subsection (c)--
(i) in paragraph (2)--
(I) in subparagraph (B), by
striking ``evaluation,
intervention, evidence
gathering, and counseling'' and
inserting ``investigation and
intervention in child abuse'';
and
(II) in subparagraph (E), by
striking ``judicial handling of
child abuse and neglect'' and
inserting ``multidisciplinary
response to child abuse'';
(ii) in paragraph (3)(A)(i), by
striking ``so that communities can
establish multidisciplinary programs
that respond to child abuse'' and
inserting ``and chapters so that
communities can establish and maintain
multidisciplinary programs that respond
to child abuse and chapters can
establish and maintain children's
advocacy centers in their State'';
(iii) in paragraph (4)(B)--
(I) in clause (iii), by
striking ``and'' at the end;
(II) in by redesignating
clause (iv) as clause (v); and
(III) by inserting after
clause (iii) the following:
``(iv) best result in supporting
chapters in each State; and''; and
(iv) in paragraph (6), by inserting
``under this Act'' after
``recipients'';
(4) in section 214 (34 U.S.C. 20304)--
(A) by striking subsection (a) and inserting
the following:
``(a) In General.--The Administrator shall make grants to--
``(1) establish and maintain a network of care for
child abuse victims where investigation, prosecutions,
and interventions are continually occurring and
coordinating activities within local children's
advocacy centers and multidisciplinary teams;
``(2) develop, enhance, and coordinate
multidisciplinary child abuse investigations,
intervention, and prosecution activities;
``(3) promote the effective delivery of the evidence-
based, trauma-informed Children's Advocacy Center Model
and the multidisciplinary response to child abuse; and
``(4) develop and disseminate practice standards for
care and best practices in programmatic evaluation, and
support State chapter organizational capacity and local
children's advocacy center organizational capacity and
operations in order to meet such practice standards and
best practices.'';
(B) in subsection (b), by striking ``, in
coordination with the Director of the Office of
Victims of Crime,'';
(C) in subsection (c)(2)--
(i) in subparagraph (C), by inserting
``to the greatest extent practicable,
but in no case later than 72 hours,''
after ``hours''; and
(ii) by striking subparagraphs (D)
through (I) and inserting the
following:
``(D) Forensic interviews of child victims by
trained personnel that are used by law
enforcement, health, and child protective
service agencies to interview suspected abuse
victims about allegations of abuse.
``(E) Provision of needed follow up services
such as medical care, mental healthcare, and
victims advocacy services.
``(F) A requirement that, to the extent
practicable, all interviews and meetings with a
child victim occur at the children's advocacy
center or an agency with which there is a
linkage agreement regarding the delivery of
multidisciplinary child abuse investigation,
prosecution, and intervention services.
``(G) Coordination of each step of the
investigation process to eliminate duplicative
forensic interviews with a child victim.
``(H) Designation of a director for the
children's advocacy center.
``(I) Designation of a multidisciplinary team
coordinator.
``(J) Assignment of a volunteer or staff
advocate to each child in order to assist the
child and, when appropriate, the child's
family, throughout each step of intervention
and judicial proceedings.
``(K) Coordination with State chapters to
assist and provide oversight, and
organizational capacity that supports local
children's advocacy centers, multidisciplinary
teams, and communities working to implement a
multidisciplinary response to child abuse in
the provision of evidence-informed initiatives,
including mental health counseling, forensic
interviewing, multidisciplinary team
coordination, and victim advocacy.
``(L) Such other criteria as the
Administrator shall establish by regulation.'';
and
(D) by striking subsection (f) and inserting
the following:
``(f) Grants to State Chapters for Assistance to Local
Children's Advocacy Centers.--In awarding grants under this
section, the Administrator shall ensure that a portion of the
grants is distributed to State chapters to enable State
chapters to provide oversight, training, and technical
assistance to local centers on evidence-informed initiatives
including mental health, counseling, forensic interviewing,
multidisciplinary team coordination, and victim advocacy.'';
(5) in section 214A (34 U.S.C. 20305)--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``attorneys and other allied'' and
inserting ``prosecutors and other
attorneys and allied''; and
(ii) in paragraph (2)(B), by
inserting ``Center'' after
``Advocacy''; and
(B) in subsection (b)(1), by striking
subparagraph (A) and inserting the following:
``(A) a significant connection to prosecutors
who handle child abuse cases in State courts,
such as a membership organization or support
service providers; and''; and
(6) by striking section 214B (34 U.S.C. 20306) and
inserting the following:
``SEC. 214B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
sections 213, 214, and 214A, $40,000,000 for each of fiscal
years 2023 through 2029.''.
----------
497. An Amendment To Be Offered by Representative Crenshaw of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title XIII the following:
SEC. 13__. SENSE OF CONGRESS REGARDING THE STATUS OF CHINA.
It is the sense of Congress that--
(1) the People's Republic of China is a fully
industrialized nation and no longer a developing
nation; and
(2) any international agreement that provides or
accords China a favorable status or treatment as a
``developing nation'' should be updated to reflect the
status of China.
----------
498. An Amendment To Be Offered by Representative Crenshaw of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle A of title XIII the following:
SEC. 13__. REPORT ON PROVIDING ACCESS TO UNCENSORED MEDIA IN CHINA.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall provide to Congress a
classified report on what is needed to provide access to free
and uncensored media in the Chinese market.
----------
499. An Amendment To Be Offered by Representative Dean of Pennsylvania
or Her Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 54__. COMBATING TRADE-BASED MONEY LAUNDERING.
(a) Findings.--Congress finds the following:
(1) Trade-based money laundering is among the most
widely used and least understood forms of money
laundering, disguising proceeds of crime by moving
value through international trade transactions in an
attempt to legitimize illicit origins of money or
products.
(2) The transnational nature and complexity of trade-
based money laundering make detection and investigation
exceedingly difficult.
(3) Drug trafficking organizations, terrorist
organizations, and other transnational criminal
organizations have succeeded at trade-based money
laundering despite the best efforts of United States
law enforcement.
(4) Trade-based money laundering includes other
offenses such as tax evasion, disruption of markets,
profit loss for businesses, and corruption of
government officials, and constitutes a persistent
threat to the economy and security of the United
States.
(5) Trade-based money laundering can result in the
decreased collection of customs duties as a result of
the undervaluation of imports and fraudulent cargo
manifests.
(6) Trade-based money laundering can decrease tax
revenue collected as a result of the sale of
underpriced goods in the marketplace.
(7) Trade-based money laundering is one mechanism by
which counterfeiters infiltrate supply chains,
threatening the quality and safety of consumer,
industrial, and military products.
(8) Drug trafficking organizations collaborate with
Chinese criminal networks to launder profits from drug
trafficking through Chinese messaging applications.
(9) On March 16, 2021, the Commander of the United
States Southern Command, Admiral Faller, testified to
the Committee on Armed Services of the Senate that
transnational criminal organizations ``market in drugs
and people and guns and illegal mining, and one of the
prime sources that underwrites their efforts is Chinese
money-laundering''.
(10) The deaths and violence associated with drug
traffickers, the financing of terrorist organizations
and other violent non-state actors, and the
adulteration of supply chains with counterfeit goods
showcase the danger trade-based money laundering poses
to the United States.
(11) Trade-based money laundering undermines national
security and the rule of law in countries where it
takes place.
(12) Illicit profits for transnational criminal
organizations and other criminal organizations can lead
to instability globally.
(13) The United States is facing a drug use and
overdose epidemic, as well as an increase in
consumption of synthetic drugs, such as methamphetamine
and fentanyl, which is often enabled by Chinese money
laundering organizations operating in coordination with
drug-trafficking organizations and transnational
criminal organizations in the Western Hemisphere that
use trade-based money laundering to disguise the
proceeds of drug trafficking.
(14) The presence of drug traffickers in the United
States and their intrinsic connection to international
threat networks, as well as the use of licit trade to
further their motives, is a national security concern.
(15) Drug-trafficking organizations frequently use
the trade-based money laundering scheme known as the
``Black Market Peso Exchange'' to move their ill-gotten
gains out of the United States and into Central and
South America.
(16) United States ports and U.S. Customs and Border
Protection do not have the capacity to properly examine
the 60,000,000 shipping containers that pass through
United States ports annually, with only 2 to 5 percent
of that cargo actively inspected.
(17) Trade-based money laundering can only be
combated effectively if the intelligence community, law
enforcement agencies, the Department of State, the
Department of Defense, the Department of the Treasury,
the Department of Homeland Security, the Department of
Justice, and the private sector work together.
(18) Drug-trafficking organizations, terrorist
organizations, and other transnational criminal
organizations disguise the proceeds of their illegal
activities behind sophisticated mechanisms that operate
seamlessly between licit and illicit trade and
financial transactions, making it almost impossible to
address without international cooperation.
(19) The United States has established Trade
Transparency Units with 18 partner countries, including
with major drug-producing and transit countries, to
facilitate the increased exchange of import-export data
to combat trade-based money laundering.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the activities of transnational criminal
organizations and their networks, and the means by
which such organizations and networks move and launder
their ill-gotten gains, such as through the use of
illicit economies, illicit trade, and trade-based money
laundering, pose a threat to the national interests and
national security of the United States and allies and
partners of the United States around the world;
(2) in addition to considering the countering of
illicit economies, illicit trade, and trade-based money
laundering as a national priority and committing to
detect, address, and prevent such activities, the
President should--
(A) continue to assess, in the periodic
national risk assessments on money laundering,
terrorist financing, and proliferation
financing conducted by the Department of the
Treasury, the ongoing risks of trade-based
money laundering;
(B) finalize the assessment described in the
Explanatory Statement accompanying the
Financial Services and General Government
Appropriations Act, 2020 (division C of the
Consolidated Appropriations Act, 2020 (Public
Law 116-93)), which directs the Financial
Crimes Enforcement Network of the Department of
the Treasury to thoroughly assess the risk that
trade-based money laundering and other forms of
illicit finance pose to national security;
(C) work expeditiously to develop, finalize,
and execute a strategy, as described in section
6506 of the Anti-Money Laundering Act of 2020
(title LXV of division F of Public Law 116-283;
134 Stat. 4631), drawing on the multiple
instruments of United States national power
available, to counter--
(i) the activities of transnational
criminal organizations, including
illicit trade and trade-based money
laundering; and
(ii) the illicit economies such
organizations operate in;
(D) coordinate with international partners to
implement that strategy, exhorting those
partners to strengthen their approaches to
combating transnational criminal organizations;
and
(E) review that strategy on a biennial basis
and improve it as needed in order to most
effectively address illicit economies, illicit
trade, and trade-based money laundering by
exploring the use of emerging technologies and
other new avenues for interrupting and putting
an end to those activities; and
(3) the Trade Transparency Unit program of the
Department of Homeland Security should take steps to
strengthen its work, including in countries that the
Department of State has identified as major money
laundering jurisdictions under section 489 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h).
----------
500. An Amendment To Be Offered by Representative DeFazio of Oregon or
His Designee, Debatable for 10 Minutes
At the appropriate place in title LIII, insert the following:
SEC. ___. EXTENSION.
Section 1246 of the Disaster Recovery Reform Act of 2018 is
amended--
(1) by striking ``3 years'' and inserting ``4 \1/2\
years''; and
(2) by inserting ``and every 3 months thereafter,''
before ``the Administrator shall submit''.
----------
501. An Amendment To Be Offered by Representative Demings of Florida or
Her Designee, Debatable for 10 Minutes
Add at the end of title XI the following:
SEC. 11__. PURCHASE OF RETIRED HANDGUNS BY FEDERAL LAW ENFORCEMENT
OFFICERS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of General Services
shall establish a program under which a Federal law enforcement
officer may purchase a retired handgun from the Federal agency
that issued the handgun to such officer.
(b) Limitations.--A Federal law enforcement officer may
purchase a retired handgun under subsection (a) if--
(1) the purchase is made during the 6-month period
beginning on the date the handgun was so retired;
(2) with respect to such purchase, the officer has
passed a background check within 30 days of purchase
under the national instant criminal background check
system established under the Brady Handgun Violence
Prevention Act; and
(3) with respect to such purchase, the officer is in
good standing with the Federal agency that employs such
officer.
(c) Cost.--A handgun purchased under this section shall be
sold at the fair market value for such handgun taking into
account the age and condition of the handgun.
(d) Sense of Congress on Use of Funds.--It is the sense of
Congress that any amounts received by the Government from the
sale of a handgun under this section should be transferred and
used to fund evidence-based gun violence prevention or gun
safety education and training programs.
(e) Definitions.--In this section--
(1) the term ``Federal law enforcement officer'' has
the meaning given that term in section 115(c)(1) of
title 18, United States Code;
(2) the term ``handgun'' has the meaning given that
term in section 921(a) of title 18, United States Code;
and
(3) the term ``retired handgun'' means any handgun
that has been declared surplus by the applicable
agency.
----------
502. An Amendment To Be Offered by Representative DeSaulnier of
California or His Designee, Debatable for 10 Minutes
At the end of title LIV, add the following:
SEC. 54__. DISCLOSURE OF DISABILITY, VETERAN, AND MILITARY STATUS.
Section 304(b)(4) of the Home Mortgage Disclosure Act of 1975
(12 U.S.C. 2803(b)(4)) is amended by striking ``age,'' and
inserting ``age, veteran and military status, disability
status,''.
----------
503. An Amendment To Be Offered by Representative DeSaulnier of
California or His Designee, Debatable for 10 Minutes
At the end of title LI, add the following:
SEC. 51__. SECRETARY OF VETERANS AFFAIRS STUDY ON VA HOME LOAN BENEFIT.
(a) Study.--The Secretary of Veterans Affairs shall conduct a
study to identify the means by which the Secretary informs
lenders and veterans about the availability of a loan
guaranteed by the Department of Veterans Affairs under chapter
37 of title 38, United States Code, for any purpose described
in section 3710(a) of such title.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committee on Veterans' Affairs of the Senate and
the Committee on Veterans' Affairs of the House of
Representatives a report on the results of the study conducted
under subsection (a), and shall publish such report on the
website of the Department of Veterans Affairs.
----------
504. An Amendment To Be Offered by Representative Dingell of Michigan
or Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. REPORT ON HUMANITARIAN SITUATION AND FOOD SECURITY IN LEBANON.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the President, acting through the
Secretary of State and the Secretary of Defense and in
coordination with the Administrator of the United States Agency
for International Development, shall submit to the appropriate
congressional committees a report that contains an evaluation
of the humanitarian situation in Lebanon, as well as the impact
of the deficit of wheat imports due to Russia's further
invasion of Ukraine, initiated on February 24, 2022.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) The projected increase in malnutrition in
Lebanon.
(2) The estimated increase in the number of food
insecure individuals in Lebanon.
(3) The estimated number of individuals who will be
faced with acute malnutrition due to food price
inflation in Lebanon.
(4) Actions the United States Government is taking to
address the aforementioned impacts.
(5) Any cooperation between the United States
Government with allies and partners to address the
aforementioned impacts.
(6) The potential impact of food insecurity on
Department of Defense goals and objectives in Lebanon.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of
the House of Representatives.
----------
505. An Amendment To Be Offered by Representative Dingell of Michigan
or Her Designee, Debatable for 10 Minutes
At the end of title LI of division E, insert the following
new section:
SEC. 51__. GAO STUDY ON POST-MARKET SURVEILLANCE OF MEDICAL DEVICES BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) Study.--The Comptroller General of the United States
shall conduct a study on the efforts of the Under Secretary of
Veterans Affairs for Health relating to post-market
surveillance of implantable medical devices.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Veterans' Affairs of the House of
Representatives and the Senate a report on the findings of the
study under subsection (a). Such report shall include the
following:
(1) A description of the process used by the Veterans
Health Administration for documenting implantable
medical devices issued to patients.
(2) An evaluation of the capability of the Veterans
Health Administration to identify, in a timely manner,
adverse events and safety issues relating to
implantable medical devices.
(3) An evaluation of the process for, and potential
barriers to, the Under Secretary of Veterans Affairs
for Health notifying patients of an implantable medical
device recall.
(4) An evaluation of the accessibility of the adverse
event reporting systems of the Veterans Health
Administration for patients with disabilities.
(5) Recommendations to address gaps in such adverse
event reporting systems, to better identify adverse
events and safety issues from implantable medical
devices.
----------
506. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, insert the
following:
SEC. 5806. DESIGNATION OF EL PASO COMMUNITY HEALING GARDEN NATIONAL
MEMORIAL.
(a) Designation.--The Healing Garden located at 6900 Delta
Drive, El Paso, Texas, is designated as the ``El Paso Community
Healing Garden National Memorial''.
(b) Effect of Designation.--The national memorial designated
by this section is not a unit of the National Park System and
the designation of the El Paso Community Healing Garden
National Memorial shall not require or authorize Federal funds
to be expended for any purpose related to that national
memorial.
----------
507. An Amendment To Be Offered by Representative Escobar of Texas or
Her Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. 58__. ADMINISTRATOR OF GENERAL SERVICES STUDY ON COUNTERFEIT ITEMS
ON E-COMMERCE PLATFORMS OF THE GENERAL SERVICES
ADMINISTRATION.
The Administrator of General Services shall--
(1) conduct a study that tracks the number of
counterfeit items on e-commerce platforms of the
General Services Administration annually to ensure that
the products being advertised are from legitimate
vendors; and
(2) submit an annual report on the findings of such
study to the Committees on Armed Services, Oversight
and Reform, Small Business, and Homeland Security of
the House of Representatives.
----------
508. An Amendment To Be Offered by Representative Espaillat of New York
or His Designee, Debatable for 10 Minutes
Page 1348, insert after line 23 the following (and conform
the table of contents accordingly):
SEC. 5806. REPORT ON REMOVAL OF SERVICE MEMBERS.
(a) Report Required.--Not later than 120 days after the date
of the enactment of this Act and monthly thereafter, the
Secretary of Homeland Security, in coordination with the
Secretary of Veteran Affairs, the Secretary of Defense, and the
Secretary of State shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate, the
Committees on Veteran Affairs of the House of Representatives
and the Senate, and the Committees on Appropriations of the
House of Representatives and the Senate a report detailing how
many noncitizen service members, veterans and immediate family
members of service members were removed during the period
beginning on January 1, 2010, and ending on the date of the
report.
(b) Elements.--The report required by subsection (a) shall
include the following for each person removed:
(1) the individual's name;
(2) the individual's address;
(3) the individual's contact information;
(4) any known U.S. citizen family members in the
U.S.;
(5) where the individual was removed to; and
(6) the reason for removal.
(c) GAO Report.--Not later than 120 days after the date of
enactment of this Act, the Comptroller General of the United
States shall update GAO report number-19-416 to identify
progress made and further actions needed to better handle,
identify, and track cases involving veterans.
(d) Confidentiality.--The report under subsection (a) may not
be published and shall be exempt from disclosure under section
552(b)(3)(B) of title 5, United States Code.
----------
509. An Amendment To Be Offered by Representative Espaillat of New York
or His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__. COMPETITIVE PAY FOR HEALTH CARE PROVIDERS OF THE DEPARTMENT
OF VETERANS AFFAIRS.
Section 7451(c) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
``(4)(A) The director of each medical center of the
Department of Veterans Affairs shall submit to the
Secretary of Veterans Affairs an annual locality pay
survey and rates of basic pay for covered positions at
such medical center to ensure that pay rates remain
competitive in the local labor market.
``(B) Not less than once per fiscal year, the
Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a
report on rates of basic pay for covered positions at
medical centers of the Department.''.
----------
510. An Amendment To Be Offered by Representative Fitzgerald of
Wisconsin or His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8__. ACCESS TO CONTRACT BUNDLING DATA.
Section 15(p) of the Small Business Act (15 U.S.C. 644(p)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) Definitions.--In this subsection:
``(A) Bundled contract.--The term `bundled
contract' has the meaning given such term in
section 3(o) of the Small Business Act (15
U.S.C. 632(o)).
``(B) Consolidated contract.--The term
`consolidated contract' means a contract
resulting from the consolidation of contracting
requirements (as defined in section 44(a) of
the Small Business Act (15 U.S.C. 657q(a))).'';
(2) in paragraph (4)--
(A) in the heading, by inserting ``and
consolidation'' after ``bundling'';
(B) in subparagraph (A), by inserting ``and
consolidation'' after ``contract bundling'';
and
(C) in subparagraph (B)--
(i) in clause (i), by inserting ``or
consolidated'' after ``of bundled'';
and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by inserting
``or consolidated'' after
``previously bundled'';
(II) in subclause (I), by
inserting ``or consolidated''
after ``were bundled''; and
(III) in subclause (II)--
(aa) by inserting
``or consolidated''
after ``to each
bundled'';
(bb) in item (aa), by
inserting ``or
consolidation'' after
``the bundling'';
(cc) in item (bb), by
inserting ``or
consolidating'' after
``by bundling'';
(dd) in item (cc), by
inserting ``or
consolidated'' after
``the bundled'';
(ee) in item (dd), by
inserting ``or
consolidating'' after
``the bundling''; and
(ff) in item (ee)--
(AA) by
inserting ``or
consolidating''
after ``the
bundling''; and
(BB) by
inserting
``bundled or''
after ``as
prime
contractors for
the''; and
(3) in paragraph (5)(B), by striking ``provide, upon
request'' and all that follows and inserting the
following: ``provide to the Administration procurement
information referred to in this subsection for the
contracting agency, including the data and information
described in paragraph (2) and the information
described in paragraph (4).''.
----------
511. An Amendment To Be Offered by Representative Foster of Illinois or
His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. STRENGTHENING CYBERSECURITY FOR THE FINANCIAL SECTOR.
(a) Regulation and Examination of Credit Union Organizations
and Service Providers.--Section 206A of the Federal Credit
Union Act (12 U.S.C. 1786a) is amended--
(1) in subsection (a)(1), by striking ``that'' and
inserting ``an'';
(2) in subsection (c)(2), by inserting after ``shall
notify the Board'' the following: ``, in a manner and
method prescribed by the Board,''; and
(3) by striking subsection (f) and inserting the
following:
``(f) Exercise of Authority.--To minimize duplicative
efforts, prior to conducting any examination of a credit union
organization under the authority provided to the Board under
this section, the Board shall first seek to collect any
information which the Board intends to acquire through such
examination from--
``(1) any Federal regulatory agencies that supervise
any activity of that credit union organization; and
``(2) any Federal banking agency that supervises any
other person who maintains an ownership interest in
that credit union organization.''.
(b) GAO Study on FHFA's Regulation of Service Providers.--
(1) Study.--The Comptroller General of the United
States shall carry out a study on the Federal Housing
Finance Agency's authority and regulation of service
providers to its regulated entities, including the
Federal National Mortgage Association, the Federal Home
Loan Mortgage Corporation, and the Federal Home Loan
Banks.
(2) Report.--Not later than the end of the 12-month
period beginning on the date of the enactment of this
Act, the Comptroller General shall issue a report to
Congress containing--
(A) all findings and determinations made in
carrying out the study required under paragraph
(1);
(B) an analysis of the Federal Housing
Finance Agency's existing authority, how
service providers to the Federal Housing
Finance Agency's regulated entities are
currently regulated, and risks to the regulated
entities associated with third-party service
providers; and
(C) recommendations for legislative and
administrative action.
----------
512. An Amendment To Be Offered by Representative Foxx of North
Carolina or Her Designee, Debatable for 10 Minutes
At the end of title LVI of division E insert the following:
SEC. __. INSPECTOR GENERAL FOR THE OFFICE OF MANAGEMENT AND BUDGET.
(a) Establishment of Office.--Section 12 of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph, (1) by inserting ``the Director of
the Office of Management and Budget,'' after ``means''
; and
(2) in paragraph (2), by inserting ``the Office of
Management and Budget,'' after ``means''.
(b) Special Provisions Concerning the Inspector General of
the Office of Management and Budget.--The Inspector General Act
of 1978 (5 U.S.C. App.) is amended by adding after section 8N
the following new section:
``SEC. 8O. SPECIAL PROVISIONS CONCERNING THE INSPECTOR GENERAL OF THE
OFFICE OF MANAGEMENT AND BUDGET.
``The Inspector General of the Office of Management and
Budget shall only have jurisdiction over those matters that
have been specifically assigned to the Office under law.''.
(c) Appointment.--Not later than 120 days after the date of
the enactment of this Act, the President shall appoint an
individual to serve as the Inspector General of the Office of
Management and Budget in accordance with section 3(a) of the
Inspector General Act of 1978 (5 U.S.C. App.).
----------
513. An Amendment To Be Offered by Representative Frankel of Florida or
Her Designee, Debatable for 10 Minutes
Add at the end of title LVIII the following new section:
SEC. 58__. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN CONTRACTORS
OR GRANTEES THAT REQUIRE NONDISPARAGEMENT OR
NONDISCLOSURE CLAUSE RELATED TO SEXUAL HARASSMENT
AND SEXUAL ASSAULT.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2023 for the
Department of Defense or any other Federal agency may be
obligated or expended for any Federal contract or grant in
excess of $1,000,000, awarded after the date of enactment of
this Act, unless the contractor or grantee agrees not to--
(1) enter into any agreement with any of its
employees or independent contractors that requires the
employee or contractor to agree to a nondisparagement
or nondisclosure clause related to sexual harassment
and sexual assault, as defined under any applicable
Federal, State, or Tribal law--
(A) as a condition of employment, promotion,
compensation, benefits, or change in employment
status or contractual relationship; or
(B) as a term, condition, or privilege of
employment; or
(2) take any action to enforce any predispute
nondisclosure or nondisparagement provision of an
existing agreement with an employee or independent
contractor that covers sexual harassment and sexual
assault, as defined under any applicable Federal,
State, or Tribal law.
----------
514. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
At the end of title LV of division E, insert the following:
SEC. 5505. BERRYESSA SNOW MOUNTAIN NATIONAL MONUMENT EXPANSION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board on
Geographic Names established by section 2 of the Act of
July 25, 1947 (61 Stat. 456, chapter 330; 43 U.S.C.
364a).
(2) Map.--The term ``Map'' means the map entitled
``Proposed Walker Ridge (Molok Luyuk) Addition
Berryessa Snow Mountain National Monument'' and dated
October 26, 2021.
(3) Molok luyuk.--The term ``Molok Luyuk'' means
Condor Ridge (in the Patwin language).
(4) National monument.--The term ``National
Monument'' means the Berryessa Snow Mountain National
Monument established by Presidential Proclamation 9298,
dated July 10, 2015 (80 Fed. Reg. 41975), including all
land, interests in the land, and objects on the land
identified in that Presidential Proclamation.
(5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(6) Walker ridge (molok luyuk) addition.--The term
``Walker Ridge (Molok Luyuk) Addition'' means the
approximately 3,925 acres of Federal land (including
any interests in, or objects on, the land) administered
by the Bureau of Land Management in Lake County,
California, and identified as ``Proposed Walker Ridge
(Molok Luyuk) Addition'' on the Map.
(b) National Monument Expansion.--
(1) Boundary modification.--The boundary of the
National Monument is modified to include the Walker
Ridge (Molok Luyuk) Addition.
(2) Map.--
(A) Corrections.--The Secretary may make
clerical and typographical corrections to the
Map.
(B) Public availability; effect.--The Map and
any corrections to the Map under subparagraph
(A) shall--
(i) be publicly available on the
website of the Bureau of Land
Management; and
(ii) have the same force and effect
as if included in this section.
(3) Administration.--Subject to valid existing
rights, the Secretary shall administer the Walker Ridge
(Molok Luyuk) Addition--
(A) as part of the National Monument;
(B) in accordance with Presidential
Proclamation 9298, dated July 10, 2015 (80 Fed.
Reg. 41975); and
(C) in accordance with applicable laws
(including regulations).
(c) Management Plan.--
(1) In general.--Not later than 1 year after the date
of the enactment of this section, the Secretary and the
Secretary of Agriculture shall jointly develop a
comprehensive management plan for the National Monument
in accordance with, and in a manner that fulfills the
purposes described in, Presidential Proclamation 9298,
dated July 10, 2015 (80 Fed. Reg. 41975).
(2) Tribal consultation.--The Secretary and the
Secretary of Agriculture shall consult with affected
federally recognized Indian Tribes in--
(A) the development of the management plan
under paragraph (1); and
(B) making management decisions relating to
the National Monument.
(3) Continued engagement with indian tribes.--The
management plan developed under paragraph (1) shall set
forth parameters for continued meaningful engagement
with affected federally recognized Indian Tribes in the
implementation of the management plan.
(4) Effect.--Nothing in this section affects the
conduct of fire mitigation or suppression activities at
the National Monument, including through the use of
existing agreements.
(d) Agreements and Partnerships.--To the maximum extent
practicable and in accordance with applicable laws, on request
of an affected federally recognized Indian Tribe, the Secretary
(acting through the Director of the Bureau of Land Management)
and the Secretary of Agriculture (acting through the Chief of
the Forest Service) shall enter into agreements, contracts, and
other cooperative and collaborative partnerships with the
federally recognized Indian Tribe regarding management of the
National Monument under relevant Federal authority, including--
(1) the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.);
(2) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(3) the Tribal Self-Governance Act of 1994 (25 U.S.C.
5361 et seq.);
(4) the Tribal Forest Protection Act of 2004 (25
U.S.C. 3115a et seq.);
(5) the good neighbor authority under section 8206 of
the Agricultural Act of 2014 (16 U.S.C. 2113a);
(6) Executive Order 13175 (25 U.S.C. 5301 note;
relating to consultation and coordination with Indian
Tribal governments);
(7) Secretarial Order 3342, issued by the Secretary
on October 21, 2016 (relating to identifying
opportunities for cooperative and collaborative
partnerships with federally recognized Indian Tribes in
the management of Federal lands and resources); and
(8) Joint Secretarial Order 3403, issued by the
Secretary and the Secretary of Agriculture on November
15, 2021 (relating to fulfilling the trust
responsibility to Indian Tribes in the stewardship of
Federal lands and waters).
(e) Designation of Condor Ridge (Molok Luyuk) in Lake and
Colusa Counties, California.--
(1) In general.--The parcel of Federal land
administered by the Bureau of Land Management located
in Lake and Colusa Counties in the State of California
and commonly referred to as ``Walker Ridge'' shall be
known and designated as ``Condor Ridge (Molok Luyuk)''.
(2) References.--Any reference in a law, map,
regulation, document, paper, or other record of the
United States to the parcel of Federal land described
in paragraph (1) shall be deemed to be a reference to
``Condor Ridge (Molok Luyuk)''.
(3) Map and legal description.--
(A) Preparation.--
(i) Initial map.--The Board shall
prepare a map and legal description of
the parcel of Federal land designated
by subsection (a).
(ii) Corrections.--The Board and the
Director of the Bureau of Land
Management may make clerical and
typographical corrections to the map
and legal description prepared under
clause (i).
(B) Consultation.--In preparing the map and
legal description under subparagraph (A)(i),
the Board shall consult with--
(i) the Director of the Bureau of
Land Management; and
(ii) affected federally recognized
Indian Tribes.
(C) Public availability; effect.--The map and
legal description prepared under subparagraph
(A)(i) and any correction to the map or legal
description made under subparagraph (A)(ii)
shall--
(i) be publicly available on the
website of the Board, the Bureau of
Land Management, or both; and
(ii) have the same force and effect
as if included in this section.
----------
515. An Amendment To Be Offered by Representative Garbarino of New York
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle F of title VIII 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.''.
----------
516. An Amendment To Be Offered by Representative Garbarino of New York
or His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following new section:
SEC. 51__. DEPARTMENT OF VETERANS AFFAIRS PROGRAM TO PROVIDE GRANTS FOR
CERTAIN VETERANS SERVICE ORGANIZATIONS AFFECTED BY
THE COVID-19 PANDEMIC.
(a) Grant Program.--The Secretary of Veterans Affairs shall
carry out a program under which the Secretary shall make grants
to eligible organizations to offset costs relating to the
COVID-19 pandemic incurred during the covered 2020 period.
(b) Eligible Organizations.--To be eligible to receive a
grant under the program, an organization shall be a veterans
service organization that--
(1) as a result of the COVID-19 pandemic, experienced
a loss of 50 percent or greater gross revenue during
the covered 2020 period (compared to the gross revenue
collected during the covered 2019 period); and
(2) submits to the Secretary an application in such
form, at such time, and containing such information as
the Secretary determines appropriate, including--
(A) information demonstrating the loss
specified in paragraph (1); and
(B) a plan for the use of such grant.
(c) Use of Grant Amounts.--A veterans service organization
that receives a grant under this section may only use the grant
in accordance with the plan referred to in subsection (b)(2)(B)
for the following expenses of the organization:
(1) Rent.
(2) Utilities.
(3) Scheduled mortgage payments.
(4) Scheduled debt payments.
(5) Other ordinary and necessary business expenses,
including maintenance costs, administrative costs
(including fees and licensing), State and local taxes
and fees, operating leases, and insurance payments.
(d) Amount of Grant.--A grant made to a veterans service
organization under the program shall be in an amount equal to
the aggregate cost of the activities specified in the plan
referred to in subsection (b)(2)(B), except that any such grant
may not exceed $50,000.
(e) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall prescribe
regulations to carry out the grant program.
(f) Definitions.--In this section:
(1) The term ``covered 2019 period'' means the period
beginning on April 1, 2019, and ending on December 31,
2019.
(2) The term ``covered 2020 period'' means the period
beginning on April 1, 2020, and ending on December 31,
2020.
(3) The term ``veterans service organization'' means
an organization that is chartered under part B of
subtitle II of title 36, United States Code, and
includes any local or area chapter, post, or other
unit.
(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $25,000,000, to
remain available until expended.
----------
517. An Amendment To Be Offered by Representative Garcia of Illinois or
His Designee, Debatable for 10 Minutes
Page 1262, after line 23, insert the following:
SEC. ___. REVIEW OF IMF LOAN SURCHARGE POLICY.
(a) Findings.--The Congress finds as follows:
(1) The International Monetary Fund (in this section
referred to as the ``IMF'') imposes a surcharge, in
addition to standard interest and service fees, of 200
basis points on outstanding credit provided through its
General Resources Account that exceeds 187.5 percent of
the IMF country quota, and an additional 100 basis
points if that credit has been outstanding for over 36
or 51 months, depending on the facility.
(2) According to the IMF, ``These level and time-
based surcharges are intended to help mitigate credit
risk by providing members with incentives to limit
their demand for Fund assistance and encourage timely
repurchases while at the same time generating income
for the Fund to accumulate precautionary balances.''.
(3) According to a 2021 report by the European
Network on Debt and Development, surcharges increase
the average cost of borrowing from the IMF by over 64
percent for surcharged countries. Surcharges increased
Ukraine's borrowing costs on its IMF lending program by
nearly 27 percent, Jordan's by 72 percent, and Egypt's
by over 104 percent.
(4) As a result of Russia's invasion, the World Bank
predicts that Ukraine will experience an economic
contraction of 45 percent in 2022. Yet Ukraine is
expected to pay the IMF an estimated $483,000,000 in
surcharges from 2021 through 2027.
(5) The Ukraine Comprehensive Debt Payment Relief Act
of 2022 (H.R.7081), which requires the Department of
Treasury to make efforts to secure debt relief for
Ukraine, was passed by the House of Representatives on
May 11, 2022, with overwhelming bipartisan support, by
a vote of 362 Yeas to 56 Nays.
(6) As a result of the war in Ukraine and other
factors, the World Bank predicted that global growth
rates will slow to 2.9 percent in 2022, down nearly
half from 2021. External public debt of developing
economies is at record levels, and the World Bank, IMF,
and United Nations have all warned of coming defaults
and a potential global debt crisis. As food and energy
prices rise, the World Food Program has estimated that
750,000 people are at immediate risk of starvation or
death, and 323,000,000 people may experience acute food
insecurity before the end of the year.
(7) Since 2020, the number of countries paying
surcharges to the IMF has increased from 9 to 16. A
December 2021 IMF policy paper, notes that under the
IMF's model-based World Economic Outlook scenario ``the
number of surcharge-paying members would increase to 38
in FY 2024 and FY 2025'' and that under the Fund's
``adverse scenario, the number of surcharge-paying
members and the amount of surcharge income would
increase even more sharply''.
(8) An April 2022 brief from the United Nations
Global Crisis Response Group on Food, Energy and
Finance on the impacts of the war in Ukraine on
developing countries called for the immediate
suspension of surcharge payments for a minimum of 2
years, because ``[s]urcharges do not make sense during
a global crisis since the need for more financing does
not stem from national conditions but from the global
economy shock''.
(b) Review of Surcharge Policy at the International Monetary
Fund.--The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund to
use the voice and vote of the United States to--
(1) initiate an immediate review by the IMF of the
surcharge policy of the IMF to be completed, and its
results and underlying data published, within 365 days;
and
(2) suspend and waive surcharge payments during the
pendency of the review.
(c) Components of the Review of Surcharge Policy.--The review
referred to in subsection (b) shall include the following:
(1) A borrower-by-borrower analysis of surcharges in
terms of cost and as a percentage of national spending
on debt service on IMF loans, food security, and health
for the 5-year period beginning at the start of the
COVID-19 pandemic.
(2) Evaluation of the policy's direct impact on--
(A) disincentivizing large and prolonged
reliance on Fund credit;
(B) mitigating the credit risks taken by the
IMF;
(C) improving borrower balance of payments
and debt sustainability, particularly during
periods of contraction, unrest, and pandemic;
(D) promoting fiscally responsible policy
reforms;
(E) disincentivizing borrowers from seeking
opaque and potentially predatory bilateral
loans; and
(F) improving the ability of borrowers to
repay private creditors and access the private
credit market.
(3) Recommendations for--
(A) Identifying alternative sources of
funding for the IMF's precautionary balances
that prioritize stable funding sources and
equitable burden-sharing among IMF members;
(B) Determining whether the Fund should
maintain, reform, temporarily suspend or
eliminate the use of surcharges.
(4) The review process must incorporate extensive
consultation with relevant experts, particularly those
from countries that are currently paying or have
recently paid surcharges. These experts should include
government officials responsible for overseeing
economic development, social services, and defense,
United Nations officials, economic research institutes,
academics, and civil society organizations.
----------
518. An Amendment To Be Offered by Representative Garcia of Texas or
Her Designee, Debatable for 10 Minutes
Page 1129, line 14, strike ``$25,000,000'' and insert
``$30,000,000''.
At the end of title LIII of division E of the bill, add the
following:
SEC. 5306. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME WORKFORCE
TRAINING AND EDUCATION.
(a) In General.--Section 51706 of title 46, United States
Code, is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) Designation.--The Secretary of Transportation may
designate a covered training entity as a center of excellence
for domestic maritime workforce training and education.'';
(2) by striking subsection (b) and inserting the
following:
``(b) Grant Program.--
``(1) In general.--The Secretary may award maritime
career training grants to centers of excellence
designated under subsection (a) for the purpose of
developing, offering, or improving educational or
career training programs for American workers related
to the United States maritime industry.
``(2) Required information.--To receive a grant under
this subsection, a center of excellence designated
under subsection (a) shall submit to the Secretary a
grant proposal that includes a detailed description
of--
``(A) the specific project for which the
grant proposal is submitted, including the
manner in which the grant will be used to
develop, offer, or improve an educational or
career training program that is suited to
United States maritime industry workers;
``(B) the extent to which the project for
which the grant proposal is submitted will meet
the educational or career training needs of
United States maritime industry workers;
``(C) any previous experience of the center
of excellence in providing United States
maritime industry educational or career
training programs;
``(D) how the grant would address
shortcomings in existing educational and career
training opportunities available to United
States maritime industry workers; and
``(E) the extent to which employers,
including small and medium-sized firms, have
demonstrated a commitment to employing United
States maritime industry workers who would
benefit from the project for which the grant
proposal is submitted.
``(3) Criteria for award of grants.--Subject to the
appropriation of funds, the Secretary shall award a
grant under this subsection based on--
``(A) a determination of the merits of the
grant proposal submitted by the center of
excellence designated under subsection (a) to
develop, offer, or improve educational or
career training programs to be made available
to United States maritime industry workers;
``(B) an evaluation of the likely employment
opportunities available to United States
maritime industry workers who complete a
maritime educational or career training program
that the center of excellence designated under
subsection (a) proposes to develop, offer, or
improve; and
``(C) an evaluation of prior demand for
training programs by workers served by the
centers of excellence designated under
subsection (a) as well as the availability and
capacity of existing maritime training programs
to meet future demand for training programs.
``(4) Competitive awards.--
``(A) In general.--The Secretary shall award
grants under this subsection to a center of
excellence designated under subsection (a) on a
competitive basis.
``(B) Timing of grant notice.--The Secretary
shall post a Notice of Funding Opportunity
regarding grants awarded under this subsection
not more than 90 days after the date of
enactment of the appropriations Act for the
fiscal year concerned.
``(C) Timing of grants.--The Secretary shall
award grants under this subsection not later
than 270 days after the date of the enactment
of the appropriations Act for the fiscal year
concerned.
``(D) Reuse of unexpended grant funds.--
Notwithstanding subparagraph (C), amounts
awarded as a grant under this subsection that
are not expended by the grantee shall remain
available to the Administrator for use for
grants under this subsection.
``(E) Administrative costs.--Not more than 3
percent of amounts made available to carry out
this subsection may be used for the necessary
costs of grant administration.
``(F) Prohibited use.--A center of excellence
designated under subsection (a) that has
received funds awarded under section
54101(a)(2) for training purposes shall not be
eligible for grants under this subsection in
the same fiscal year.
``(5) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $30,000,000.''; and
(3) in subsection (c)--
(A) by striking paragraph (1) and inserting
the following:
``(1) Covered training entity.--The term `covered
training entity' means an entity that--
``(A) is located in a State that borders on
the--
``(i) Gulf of Mexico;
``(ii) Atlantic Ocean;
``(iii) Long Island Sound;
``(iv) Pacific Ocean;
``(v) Great Lakes; or
``(vi) Mississippi River System; and
``(B) is--
``(i) a postsecondary educational
institution (as such term is defined in
section 3 (39) of the Carl D. Perkins
Career and Technical Education Act of
2006 (20 U.S.C. 2302));
``(ii) a postsecondary vocational
institution (as such term is defined in
section 102(c) of the Higher Education
Act of 1965 (20 U.S.C. 1002(c));
``(iii) a public or private nonprofit
entity that offers 1 or more other
structured experiential learning
training programs for American workers
in the United States maritime industry,
including a program that is offered by
a labor organization or conducted in
partnership with a nonprofit
organization or 1 or more employers in
the United States maritime industry;
``(iv) an entity sponsoring an
apprenticeship program registered with
the Office of Apprenticeship of the
Employment and Training Administration
of the Department of Labor or a State
apprenticeship agency recognized by the
Office of Apprenticeship pursuant to
the Act of August 16, 1937 (commonly
known as the `National Apprenticeship
Act'; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.); or
``(v) a maritime training center
designated prior to the date of
enactment of the National Defense
Authorization Act for Fiscal Year
2023.''; and
(B) by adding at the end the following:
``(3) Secretary.--The term `Secretary' means the
Secretary of Transportation.
``(4) United states maritime industry.--The term
`United States maritime industry' means the design,
construction, repair, operation, manning, and supply of
vessels in all segments of the maritime transportation
system of the United States, including--
``(A) the domestic and foreign trade;
``(B) the coastal, offshore, and inland
trade, including energy activities conducted
under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.);
``(C) non-commercial maritime activities,
including--
``(i) recreational boating; and
``(ii) oceanographic and limnological
research as described in section
2101(24).''.
(b) Public Report.--Not later than December 15 in each of
calendar years 2022 through 2024, the Secretary of
Transportation shall make available on a publicly available
website a report and provide a briefing to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
(1) describing each grant awarded under this
subsection during the preceding fiscal year; and
(2) assessing the impact of each award of a grant
under this subsection in a fiscal year preceding the
fiscal year referred to in subparagraph (A) on workers
receiving training.
(c) Guidelines.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(1) promulgate guidelines for the submission of grant
proposals under section 51706(b) of title 46, United
States Code (as amended by this section); and
(2) publish and maintain such guidelines on the
website of the Department of Transportation.
(d) Assistance for Small Shipyards.--Section 54101(e) of
title 46, United States Code, is amended by striking paragraph
(2) and inserting the following:
``(2) Allocation of funds.--
``(A) In general.--The Administrator may not
award more than 25 percent of the funds
appropriated to carry out this section for any
fiscal year to any small shipyard in one
geographic location that has more than 600
employees.
``(B) Ineligibility.--A maritime training
center that has received funds awarded under
this section 51706 of title 46, United States
Code, shall not be eligible for grants under
this subsection for training purposes in the
same fiscal year.''.
----------
519. An Amendment To Be Offered by Representative Gonzales of Texas or
His Designee, Debatable for 10 Minutes
Add at the end of title XI the following:
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 104--NATIONAL DIGITAL RESERVE CORPS
``Sec. 10401. Definitions.
``Sec. 10402. Establishment.
``Sec. 10403. Organization.
``Sec. 10404. Assignments.
``Sec. 10405. Reservist continuing education.
``Sec. 10406. Congressional reports.
``SEC. 10401. 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 10403(c)(2).
``(2) Administrator.--The term `Administrator' means
the Administrator of the General Services
Administration.
``(3) Covered executive agency.--The term `covered
Executive agency' means an Executive agency as defined
in section 105, except that such term includes the
United States Postal Service, the Postal Regulatory
Commission, and the Executive Office of the President.
``(4) Program.--The term `Program' means the program
established under section 10402(a).
``(5) Reservist.--The term `reservist' means an
individual who is a member of the National Digital
Reserve Corps.
``SEC. 10402. 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 know as the `National Digital Reserve
Corps', to help address the digital and cybersecurity needs of
covered 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 covered 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. 10403. 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 covered 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 covered
Executive agency partners;
``(F) ensure reservists acquire and maintain
appropriate security clearances; 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 then 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) Compensation.--The Administrator shall
determine the appropriate compensation for service as a
reservists, except that the annual pay for such service
shall not exceed $10,000.
``(3) Employment protections.--The Secretary of Labor
shall prescribe such regulations as necessary to ensure
the reemployment, continuation of benefits, and non-
discrimination in reemployment of active reservists,
provided that such regulations shall include, at a
minimum, those rights and obligations set forth under
chapter 43 of title 38.
``(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 sum of--
``(I) an amount equal to the
amounts, if any, paid under
section 10405 with respect to
such reservist, and
``(II) the difference between
the amount of compensation such
reservist would have received
if the reservist completed the
entire term of service as a
reservist agreed to in the
agreement described in
paragraph (1) and the amount of
compensation such reservist has
received under such agreement.
``(B) Exception.--Subparagraph (A) shall not
apply 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 if--
``(i) the failure was due to the
death or disability of such reservist;
or
``(ii) the Administrator determines
that subparagraph (A) should not apply
with respect to the failure.
``(c) Hiring Authority.--
``(1) Corps leadership.--The Administrator may
appoint, without regard to the provisions of subchapter
I of chapter 33 (other than sections 3303 and 3328) of
this title, 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 10404 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, of any independent
agency of the United States, or of the
District of Columbia for not less than
130 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, of any
independent agency of the United
States, or of the District of Columbia
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. 10404. ASSIGNMENTS.
``(a) In General.--The Administrator may assign active
reservists to address the digital and cybersecurity needs of
covered 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 a covered Executive agency shall, to
the extent practicable, provide each active reservist assigned
to address a digital or cybersecurity need of such covered
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 covered
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.
``SEC. 10405. 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 covered 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. 10406. 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 covered 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 covered 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 103 the following new item:
``104. National Digital Reserve Corps...........................10403''.
(c) 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
10402(a) of title 5, United States Code, as added by this
section.
----------
520. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 54__. GRANTS TO ELIGIBLE ENTITIES FOR ENHANCED PROTECTION OF
SENIOR INVESTORS AND SENIOR POLICYHOLDERS.
(a) In General.--Section 989A of the Investor Protection and
Securities Reform Act of 2010 (15 U.S.C. 5537) is amended to
read as follows:
``SEC. 989A. GRANTS TO ELIGIBLE ENTITIES FOR ENHANCED PROTECTION OF
SENIOR INVESTORS AND SENIOR POLICYHOLDERS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity'
means--
``(A) the securities commission (or any
agency or office performing like functions) of
any State; and
``(B) the insurance department (or any agency
or office performing like functions) of any
State.
``(2) Senior.--The term `senior' means any individual
who has attained the age of 62 years or older.
``(3) Senior financial fraud.--The term `senior
financial fraud' means a fraudulent or otherwise
illegal, unauthorized, or improper act or process of an
individual, including a caregiver or a fiduciary,
that--
``(A) uses the resources of a senior for
monetary or personal benefit, profit, or gain;
``(B) results in depriving a senior of
rightful access to or use of benefits,
resources, belongings, or assets; or
``(C) is an action described in section 1348
of title 18, United States Code, that is taken
against a senior.
``(4) Task force.--The term `task force' means the
task force established under subsection (b)(1).
``(b) Grant Program.--
``(1) Task force.--
``(A) In general.--The Commission shall
establish a task force to carry out the grant
program under paragraph (2).
``(B) Membership.--The task force shall
consist of the following members:
``(i) A Chair of the task force,
who--
``(I) shall be appointed by
the Chairman of the Commission,
in consultation with the
Commissioners of the
Commission; and
``(II) may be a
representative of the Office of
the Investor Advocate of the
Commission, the Division of
Enforcement of the Commission,
or such other representative as
the Commission determines
appropriate.
``(ii) If the Chair is not a
representative of the Office of the
Investor Advocate of the Commission, a
representative of such Office.
``(iii) If the Chair is not a
representative of the Division of
Enforcement of the Commission, a
representative of such Division.
``(iv) Such other representatives as
the Commission determines appropriate.
``(C) Detail of executive agency employees.--
Upon the request of the Commission, the head of
any Federal agency may detail, on a
reimbursable basis, any of the personnel of
that Federal agency to the Commission to assist
it in carrying out its functions under this
section. The detail of any such personnel shall
be without interruption or loss of civil
service status or privilege.
``(2) Grants.--The task force shall carry out a
program under which the task force shall make grants,
on a competitive basis, to eligible entities, which--
``(A) may use the grant funds--
``(i) to hire staff to identify,
investigate, and prosecute (through
civil, administrative, or criminal
enforcement actions) cases involving
senior financial fraud;
``(ii) to fund technology, equipment,
and training for regulators,
prosecutors, and law enforcement
officers, in order to identify,
investigate, and prosecute cases
involving senior financial fraud;
``(iii) to provide educational
materials and training to seniors to
increase awareness and understanding of
senior financial fraud;
``(iv) to develop comprehensive plans
to combat senior financial fraud; and
``(v) to enhance provisions of State
law to provide protection from senior
financial fraud; and
``(B) may not use the grant funds for any
indirect expense, such as rent, utilities, or
any other general administrative cost that is
not directly related to the purpose of the
grant program.
``(3) Authority of task force.--In carrying out
paragraph (2), the task force--
``(A) may consult with staff of the
Commission; and
``(B) shall make public all actions of the
task force relating to carrying out that
paragraph.
``(c) Applications.--An eligible entity desiring a grant
under this section shall submit an application to the task
force, in such form and in such a manner as the task force may
determine, that includes--
``(1) a proposal for activities to protect seniors
from senior financial fraud that are proposed to be
funded using a grant under this section, including--
``(A) an identification of the scope of the
problem of senior financial fraud in the
applicable State;
``(B) a description of how the proposed
activities would--
``(i) protect seniors from senior
financial fraud, including by
proactively identifying victims of
senior financial fraud;
``(ii) assist in the investigation
and prosecution of those committing
senior financial fraud; and
``(iii) discourage and reduce cases
of senior financial fraud; and
``(C) a description of how the proposed
activities would be coordinated with other
State efforts; and
``(2) any other information that the task force
determines appropriate.
``(d) Performance Objectives; Reporting Requirements;
Audits.--
``(1) In general.--The task force--
``(A) may establish such performance
objectives and reporting requirements for
eligible entities receiving a grant under this
section as the task force determines are
necessary to carry out and assess the
effectiveness of the program under this
section; and
``(B) shall require each eligible entity that
receives a grant under this section to submit
to the task force a detailed accounting of the
use of grant funds, which shall be submitted at
such time, in such form, and containing such
information as the task force may require.
``(2) Report.--Not later than 2 years, and again not
later than 5 years, after the date of the enactment of
the Empowering States to Protect Seniors from Bad
Actors Act, the task force shall submit to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report that--
``(A) specifies each recipient of a grant
under this section;
``(B) includes a description of the programs
that are supported by each such grant; and
``(C) includes an evaluation by the task
force of the effectiveness of such grants.
``(3) Audits.--The task force shall annually conduct
an audit of the program under this section to ensure
that eligible entities to which grants are made under
that program are, for the year covered by the audit,
using grant funds for the intended purposes of those
funds.
``(e) Maximum Amount.--The amount of a grant to an eligible
entity under this section may not exceed $500,000, which the
task force shall adjust annually to reflect the percentage
change in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department
of Labor.
``(f) Subgrants.--An eligible entity that receives a grant
under this section may, in consultation with the task force,
make a subgrant, as the eligible entity determines is necessary
or appropriate--
``(1) to carry out the activities described in
subsection (b)(2)(A); and
``(2) which may not be used for any activity
described in subsection (b)(2)(B).
``(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2023 through 2028.''.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act is amended by striking the item relating to
section 989A and inserting the following:
``Sec. 989A. Grants to eligible entities for enhanced protection of
senior investors and senior policyholders.''.
____________________________________________________
521. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E 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.
----------
522. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. BUREAU SERVICEMEMBER AND VETERAN CREDIT REPORTING
OMBUDSPERSON.
(a) In General.--Section 611(a) of the Fair Credit Reporting
Act (15 U.S.C. 1681i(a)) is amended by adding at the end the
following:
``(9) Bureau servicemember and veteran credit
reporting ombudsperson.--
``(A) In general.--Not later than 180 days
after the date of enactment of this paragraph,
the Bureau shall establish the position of
servicemember and veteran credit reporting
ombudsperson, who shall carry out the Bureau's
responsibilities with respect to--
``(i) resolving persistent errors
that are not resolved in a timely
manner by a consumer reporting agency
in connection with servicemembers and
veterans; and
``(ii) enhancing oversight of
consumer reporting agencies by--
``(I) advising the Director
of the Bureau, in consultation
with the Office of Enforcement
and the Office of Supervision
of the Bureau, on any potential
violations of paragraph (5) or
any other applicable law by a
consumer reporting agency in
connection with servicemembers
and veterans, including
appropriate corrective action
for such a violation; and
``(II) making referrals to
the Office of Supervision for
supervisory action or the
Office of Enforcement for
enforcement action, as
appropriate, in response to
violations of paragraph (5) or
any other applicable law by a
consumer reporting agency in
connection with servicemembers
and veterans.
``(B) Consultation with veterans service
organizations.--The servicemember and veteran
credit reporting ombudsperson shall consult
with veterans service organizations in carrying
out the duties of the ombudsperson.
``(C) Report.--The ombudsperson shall submit
to the Committees on Financial Services and
Veterans' Affairs of the House of
Representatives and the Committees on Banking,
Housing, and Urban Affairs and Veterans'
Affairs of the Senate an annual report
including statistics and analysis on consumer
complaints the Bureau receives relating to
consumer reports in connection with
servicemembers and veterans, as well as a
summary of the supervisory actions and
enforcement actions taken with respect to
consumer reporting agencies in connection with
servicemembers and veterans during the year
covered by the report.''.
(b) 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 $18,000,000.
(2) Effective date.--The amendment made by paragraph
(1) shall take effect on September 30, 2032.
----------
523. An Amendment To Be Offered by Representative Gottheimer of New
Jersey or His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. SENIOR INVESTOR TASKFORCE.
(a) In General.--Section 4 of the Securities Exchange Act of
1934 (15 U.S.C. 78d) is amended by adding at the end the
following:
``(k) Senior Investor Taskforce.--
``(1) Establishment.--There is established within the
Commission the Senior Investor Taskforce (in this
subsection referred to as the `Taskforce').
``(2) Director of the taskforce.--The head of the
Taskforce shall be the Director, who shall--
``(A) report directly to the Chairman; and
``(B) be appointed by the Chairman, in
consultation with the Commission, from among
individuals--
``(i) currently employed by the
Commission or from outside of the
Commission; and
``(ii) having experience in
advocating for the interests of senior
investors.
``(3) Staffing.--The Chairman shall ensure that--
``(A) the Taskforce is staffed sufficiently
to carry out fully the requirements of this
subsection; and
``(B) such staff shall include individuals
from the Division of Enforcement, Office of
Compliance Inspections and Examinations, and
Office of Investor Education and Advocacy.
``(4) No compensation for members of taskforce.--All
members of the Taskforce appointed under paragraph (2)
or (3) shall serve without compensation in addition to
that received for their services as officers or
employees of the United States.
``(5) Minimizing duplication of efforts.--In
organizing and staffing the Taskforce, the Chairman
shall take such actions as may be necessary to minimize
the duplication of efforts within the divisions and
offices described under paragraph (3)(B) and any other
divisions, offices, or taskforces of the Commission.
``(6) Functions of the taskforce.--The Taskforce
shall--
``(A) identify challenges that senior
investors encounter, including problems
associated with financial exploitation and
cognitive decline;
``(B) identify areas in which senior
investors would benefit from changes in the
regulations of the Commission or the rules of
self-regulatory organizations;
``(C) coordinate, as appropriate, with other
offices within the Commission, other taskforces
that may be established within the Commission,
self-regulatory organizations, and the Elder
Justice Coordinating Council; and
``(D) consult, as appropriate, with State
securities and law enforcement authorities,
State insurance regulators, and other Federal
agencies.
``(7) Report.--The Taskforce, in coordination, as
appropriate, with the Office of the Investor Advocate
and self-regulatory organizations, and in consultation,
as appropriate, with State securities and law
enforcement authorities, State insurance regulators,
and Federal agencies, shall issue a report every 2
years to the Committee on Banking, Housing, and Urban
Affairs and the Special Committee on Aging of the
Senate and the Committee on Financial Services of the
House of Representatives, the first of which shall not
be issued until after the report described in section
5403(b) of the National Defense Authorization Act for
Fiscal Year 2023 has been issued and considered by the
Taskforce, containing--
``(A) appropriate statistical information and
full and substantive analysis;
``(B) a summary of recent trends and
innovations that have impacted the investment
landscape for senior investors;
``(C) a summary of regulatory initiatives
that have concentrated on senior investors and
industry practices related to senior investors;
``(D) key observations, best practices, and
areas needing improvement, involving senior
investors identified during examinations,
enforcement actions, and investor education
outreach;
``(E) a summary of the most serious issues
encountered by senior investors, including
issues involving financial products and
services;
``(F) an analysis with regard to existing
policies and procedures of brokers, dealers,
investment advisers, and other market
participants related to senior investors and
senior investor-related topics and whether
these policies and procedures need to be
further developed or refined;
``(G) recommendations for such changes to the
regulations, guidance, and orders of the
Commission and self-regulatory organizations
and such legislative actions as may be
appropriate to resolve problems encountered by
senior investors; and
``(H) any other information, as determined
appropriate by the Director of the Taskforce.
``(8) Request for reports.--The Taskforce shall make
any report issued under paragraph (7) available to a
Member of Congress who requests such a report.
``(9) Sunset.--The Taskforce shall terminate after
the end of the 10-year period beginning on the date of
the enactment of this subsection.
``(10) Senior investor defined.--For purposes of this
subsection, the term `senior investor' means an
investor over the age of 65.
``(11) Use of existing funds.--The Commission shall
use existing funds to carry out this subsection.''.
(b) GAO Study.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General
of the United States shall submit to Congress and the
Senior Investor Taskforce the results of a study of
financial exploitation of senior citizens.
(2) Contents.--The study required under paragraph (1)
shall include information with respect to--
(A) economic costs of the financial
exploitation of senior citizens--
(i) associated with losses by victims
that were incurred as a result of the
financial exploitation of senior
citizens;
(ii) incurred by State and Federal
agencies, law enforcement and
investigatory agencies, public benefit
programs, public health programs, and
other public programs as a result of
the financial exploitation of senior
citizens;
(iii) incurred by the private sector
as a result of the financial
exploitation of senior citizens; and
(iv) any other relevant costs that--
(I) result from the financial
exploitation of senior
citizens; and
(II) the Comptroller General
determines are necessary and
appropriate to include in order
to provide Congress and the
public with a full and accurate
understanding of the economic
costs resulting from the
financial exploitation of
senior citizens in the United
States;
(B) frequency of senior financial
exploitation and correlated or contributing
factors--
(i) information about percentage of
senior citizens financially exploited
each year; and
(ii) information about factors
contributing to increased risk of
exploitation, including such factors as
race, social isolation, income, net
worth, religion, region, occupation,
education, home-ownership, illness, and
loss of spouse; and
(C) policy responses and reporting of senior
financial exploitation--
(i) the degree to which financial
exploitation of senior citizens
unreported to authorities;
(ii) the reasons that financial
exploitation may be unreported to
authorities;
(iii) to the extent that suspected
elder financial exploitation is
currently being reported--
(I) information regarding
which Federal, State, and local
agencies are receiving reports,
including adult protective
services, law enforcement,
industry, regulators, and
professional licensing boards;
(II) information regarding
what information is being
collected by such agencies; and
(III) information regarding
the actions that are taken by
such agencies upon receipt of
the report and any limits on
the agencies' ability to
prevent exploitation, such as
jurisdictional limits, a lack
of expertise, resource
challenges, or limiting
criteria with regard to the
types of victims they are
permitted to serve;
(iv) an analysis of gaps that may
exist in empowering Federal, State, and
local agencies to prevent senior
exploitation or respond effectively to
suspected senior financial
exploitation; and
(v) an analysis of the legal hurdles
that prevent Federal, State, and local
agencies from effectively partnering
with each other and private
professionals to effectively respond to
senior financial exploitation.
(3) Senior citizen defined.--For purposes of this
subsection, the term ``senior citizen'' means an
individual over the age of 65.
----------
524. An Amendment To Be Offered by Representative Graves of Louisiana
or His Designee, Debatable for 10 Minutes
At the end of title LIII of division E, add the following:
SEC. __. DUPLICATION OF BENEFITS.
Section 312(b)(4) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5155(b)(4)) is amended
by adding at the end the following:
``(D) Limitation on use of income criteria.--
In carrying out subparagraph (A), the President
may not impose additional income criteria on a
potential grant recipient who has accepted a
qualified disaster loan in determining
eligibility for duplications of benefit
relief.''.
----------
525. An Amendment To Be Offered by Representative Graves of Missouri or
His Designee, Debatable for 10 Minutes
At the end of title LIII of division E, insert the following:
SEC. 53__. 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.
----------
526. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
In the appropriate place in division E, insert the following:
SEC. __. DEPARTMENT OF HOMELAND SECURITY OFFICE FOR CIVIL RIGHTS AND
CIVIL LIBERTIES AUTHORIZATION.
(a) Officer for Civil Rights and Civil Liberties.--
(1) In general.--Section 705 of the Homeland Security
Act of 2002 (6 U.S.C. 345) is amended--
(A) in the section heading, by striking
``establishment of''; and
(B) by striking subsections (a) and (b) and
inserting the following new subsections:
``(a) Establishment.--
``(1) In general.--There is established within the
Department an Office for Civil Rights and Civil
Liberties (referred to in this section as the
`Office'). The head of the Office is the Officer for
Civil Rights and Civil Liberties (referred to in this
section as the `Officer'), who shall report directly to
the Secretary.
``(2) Duties.--The Secretary and the head of each
component shall--
``(A) ensure that the Officer for Civil
Rights and Civil Liberties of the Department
and the Officer for Civil Rights and Civil
Liberties of such component--
``(i) have the information,
materials, and resources necessary to
carry out the functions of the Office;
``(ii) are consulted in advance of
new or proposed changes to policies,
programs, initiatives, and activities
impacting civil rights and civil
liberties; and
``(iii) are given full and complete
access to all materials and personnel
necessary to carry out the functions of
the Office; and
``(B) consider advice and recommendations
from the Officer for Civil Rights and Civil
Liberties of the Department in the development
and implementation of policies, programs,
initiatives, and activities impacting civil
rights and civil liberties.
``(b) Responsibilities.--The Officer shall carry out the
following responsibilities:
``(1) Oversee compliance with constitutional,
statutory, regulatory, policy, and other requirements
relating to the civil rights and civil liberties of
individuals affected by the policies, programs,
initiatives, and activities of the Department.
``(2) Review and assess information concerning abuses
of civil rights and civil liberties, and profiling on
the basis of race, ethnicity, or religion, by employees
and officials of the Department.
``(3) Integrate civil rights and civil liberties
protections into all policies, programs, initiatives,
and activities of the Department.
``(4) Conduct civil rights and civil liberties impact
assessments, as appropriate, including such assessments
prior to the implementation of new Department
regulations, policies, programs, initiatives, and
activities.
``(5) Conduct periodic reviews and assessments of
policies, programs, initiatives, and activities of the
Department relating to civil rights and civil
liberties, including reviews and assessments initiated
by the Officer.
``(6) Provide policy advice, recommendations, and
other technical assistance relating to civil rights and
civil liberties to the Secretary, and the heads of
components, and other personnel within the Department.
``(7) Review, assess, and investigate complaints,
including complaints filed by members of the public,
and information indicating possible abuses of civil
rights or civil liberties at the Department, unless the
Inspector General of the Department determines that any
such complaint should be investigated by the Inspector
General.
``(8) Initiate reviews, investigations, and
assessments of the administration of the policies,
programs, initiatives, and activities of the Department
relating to civil rights and civil liberties.
``(9) Coordinate with the Privacy Officer to ensure
that--
``(A) policies, programs, initiatives, and
activities involving civil rights, civil
liberties, and privacy considerations are
addressed in an integrated and comprehensive
manner; and
``(B) Congress receives appropriate reports
regarding such policies, programs, initiatives,
and activities.
``(10) Lead the equal employment opportunity programs
of the Department, including complaint management and
adjudication, workforce diversity, and promotion of the
merit system principles.
``(11) Make publicly available through accessible
communications channels, including the website of the
Department--
``(A) information on the responsibilities and
functions of, and how to contact, the Office;
``(B) summaries of the investigations carried
out pursuant to paragraphs (7) and (8) that
result in recommendations; and
``(C) summaries of impact assessments and
periodic reviews and assessments carried out
pursuant to paragraphs (4) and (5),
respectively, that are issued by the Officer.
``(12) Engage with individuals, stakeholders, and
communities the civil rights and civil liberties of
which may be affected by the policies, programs,
initiatives, and activities of the Department,
including by--
``(A) informing such individuals,
stakeholders, and communities concerning such
policies, programs, initiatives, and
activities;
``(B) providing information for how to report
and access redress processes; and
``(C) providing Department leadership and
other personnel within the Department feedback
from such individuals, stakeholders, and
communities on the civil rights and civil
liberties impacts of such policies, programs,
initiatives, and activities, and working with
State, local, Tribal, and territorial homeland
security partners to enhance the Department's
policymaking and program implementation.
``(13) Lead a language access program for the
Department to ensure the Department effectively
communicates with all individuals impacted by programs
and activities of the Department, including those with
limited English proficiency.
``(14) Participate in the hiring or designation of a
civil rights and civil liberties officer within each
component and participate in the performance review
process for such officer.
``(c) Authority to Investigate.--
``(1) In general.--For the purposes of subsection
(b), the Officer shall--
``(A) have access to all materials and
personnel necessary to carry out the functions
of the Office under this subsection;
``(B) make such investigations and reports
relating to the administration of the programs
and operations of the Department as are
necessary or appropriate; and
``(C) administer to or take from any person
an oath, affirmation, or affidavit, whenever
necessary to performance of the
responsibilities of the Officer under this
section.
``(2) Effect of oaths.--Any oath, affirmation, or
affidavit administered or taken pursuant to paragraph
(1)(C) by or before an employee of the Office
designated for that purpose by the Officer shall have
the same force and effect as if administered or taken
by or before an officer having a seal of office.
``(d) Notification Requirement.--In the case of a complaint
made concerning allegations of abuses of civil rights and civil
liberties under paragraph (7) of subsection (b), the Officer
shall--
``(1) provide to the individual who made the
complaint notice of the receipt of such complaint
within 30 days of receiving the complaint; and
``(2) inform the complainant of the determination of
the Office regarding--
``(A) the initiation of a review, assessment,
or investigation by the Office;
``(B) a referral to the Inspector General of
the Department; or
``(C) any other action taken.
``(e) Coordination With Inspector General.--
``(1) In general.--
``(A) Referral.--Before initiating an
investigation initiated by the Officer pursuant
to paragraph (7) or (8) of subsection (b), the
Officer shall refer the matter at issue to the
Inspector General of the Department.
``(B) Determinations and notifications by
inspector general.--Not later than seven days
after the receipt of a matter at issue under
subparagraph (A), the Inspector General shall--
``(i) make a determination regarding
whether the Inspector General intends
to initiate an investigation of such
matter; and
``(ii) notify the Officer of such
determination.
``(C) Investigations.--If the Secretary
determines that a complaint warrants both the
Officer and the Inspector General conducting
investigations concurrently, jointly, or in
some other manner, the Secretary may authorize
the Officer to conduct an investigation in such
manner as the Secretary directs.
``(D) Notification by the officer.--If the
Officer does not receive notification of a
determination pursuant to subparagraph (B)(ii),
the Officer shall notify the Inspector General
of whether the Officer intends to initiate an
investigation into the matter at issue.
``(f) Recommendations; Response.--
``(1) In general.--In the case of an investigation
initiated by the Officer pursuant to paragraph (7) or
(8) of subsection (b), if such an investigation results
in the issuance of recommendations,the Officer shall
produce a report that--
``(A) includes the final findings and
recommendations of the Officer;
``(B) is made publicly available in summary
form;
``(C) does not include any personally
identifiable information; and
``(D) may include a classified annex.
``(2) Transmission.--The Officer shall transmit to
the Secretary and the head of the relevant component a
copy of each report under paragraph (1).
``(3) Response.--
``(A) In general.--Not later than 45 days
after the date on which the Officer transmits
to the head of a component a copy of a report
pursuant to paragraph (2), such head shall
submit to the Secretary and the Officer a
response to such report.
``(B) Rule of construction.--In the response
submitted pursuant to subparagraph (A), each
recommendation contained in the report
transmitted pursuant to paragraph (2) with
which the head of the component at issue
concurs shall be deemed an accepted
recommendation of the Department.
``(C) Nonconcurrence; appeal.--If the head of
a component does not concur with a
recommendation contained in the report
transmitted pursuant to paragraph (2), or if
such head does not respond to a recommendation
within 45 days in accordance with subparagraph
(A), the Officer may appeal to the Secretary.
``(D) Result.--If the Officer appeals to the
Secretary pursuant to subparagraph (C), the
Secretary shall, not later than 60 days after
the date on which the Officer appeals--
``(i) accept the Officer's
recommendation, which recommendation
shall be deemed the accepted
recommendation of the Department; or
``(ii) accept the nonconcurrence of
the head of the component at issue if
transmitted in accordance with
subparagraph (A).
``(g) Reporting.--
``(1) In general.--In the case of an investigation
initiated by the Officer pursuant to paragraph (7) or
(8) of subsection (b), if such an investigation
resulted in the issuance of recommendations, the
Officer shall, on an annual basis, make publicly
available through accessible communications channels,
including the website of the Department--
``(A) a summary of investigations that are
completed, consistent with section 1062(f)(1)
of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee-
1(f)(2));
``(B) the accepted recommendations of the
Department, if any; and
``(C) a summary of investigations that result
in final recommendations that are issued by the
Officer.
``(2) Prohibition.--Materials made publicly available
pursuant to paragraph (1) may not include any
personally identifiable information related to any
individual involved in the investigation at issue.
``(h) Component Civil Rights and Civil Liberties Officers.--
``(1) In general.--Any component that has an Officer
for Civil Rights and Civil Liberties of such component
shall ensure that such Officer for Civil Rights and
Civil Liberties of such component shall coordinate with
and provide information to the Officer for Civil Rights
and Civil Liberties of the Department on matters
related to civil rights and civil liberties within each
such component.
``(2) Officers of operational components.--The head
of each operational component, in consultation with the
Officer for Civil Rights and Civil Liberties of the
Department, shall hire or designate a career appointee
(as such term is defined in section 3132 of title 5,
United States Code) from such component as the Officer
for Civil Rights and Civil Liberties of such
operational component.
``(3) Responsibilities.--Each Officer for Civil
Rights and Civil Liberties of each component--
``(A) shall have access in a timely manner to
the information, materials, and information
necessary to carry out the functions of such
officer;
``(B) shall be consulted in advance of new or
proposed changes to component policies,
programs, initiatives, and activities impacting
civil rights and civil liberties;
``(C) shall be given full and complete access
to all component materials and component
personnel necessary to carry out the functions
of such officer;
``(D) may, to the extent the Officer for
Civil Rights and Civil Liberties of the
Department determines necessary, and subject to
the approval of the Secretary, administer to or
take from any person an oath, affirmation, or
affidavit, whenever necessary in the
performance of the responsibilities of each
such component Officer under this section; and
``(E) may administer any oath, affirmation,
or affidavit, and such oath, affirmation, shall
have the same force and effect as if
administered or taken by or before an officer
having a seal of office.
``(i) Annual Report.--Not later than March 31 of each year,
the Officer shall submit to the Committee on Homeland Security
of the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, and any other
Committee of the House of Representatives or the Senate, as the
case may be, the Officer determines relevant, a report on the
implementation of this section during the immediately preceding
fiscal year. Each such annual report shall be prepared and
submitted for supervisory review and appropriate comment or
amendment by the Secretary prior to submission to such
committees, and the Officer shall consider and incorporate any
comments or amendments as a result of such review. Each such
report shall include, for the year covered by such report, the
following:
``(1) A list of Department regulations, policies,
programs, initiatives, and activities for which civil
rights and civil liberties impact assessments were
conducted, or policy advice, recommendations, or other
technical assistance was provided.
``(2) An assessment of the efforts of the Department
to effectively communicate with all individuals
impacted by programs and activities of the Department,
including those with limited English proficiency
through the language access program referred to in
subsection (b)(13).
``(3) A summary of investigations under paragraph (7)
or (8) of subsection (b) resulting in recommendations
issued pursuant to subsection (f), together with
information on the status of the implementation of such
recommendations by the component at issue.
``(4) Information on the diversity and equal
employment opportunity activities of the Department,
including information on complaint management and
adjudication of equal employment opportunity
complaints, and efforts to ensure compliance throughout
the Department with equal employment opportunity
requirements.
``(5) A description of any efforts, including public
meetings, to engage with individuals, stakeholders, and
communities the civil rights and civil liberties of
which may be affected by policies, programs,
initiatives, and activities of the Department.
``(6) Information on total staffing for the Office,
including--
``(A) the number of full-time, part-time, and
contract support personnel; and
``(B) information on the number of employees
whose primary responsibilities include
supporting the Officer in carrying out
paragraph (10) of subsection (b).
``(7) If required, a classified annex.
``(j) Definition.--In this section, the term `component'
means any operational component, non-operational component,
directorate, or office of the Department.''.
(2) Clerical amendment.--The item relating to section
705 in section 1(b) of the Homeland Security Act of
2002 is amended to read as follows:
``Sec. 705. Officer for Civil Rights and Civil Liberties''.
(3) Reporting to congress.--Section 1062(f)(1)(A)(i)
of the Intelligence Reform and Terrorism Prevention Act
of 2004 (42 U.S.C. 2000ee-1(f)(1)(A)(i)) is amended by
striking ``the Committee on Oversight and Government
Reform of the House of Representatives'' and inserting
``the Committee on Homeland Security of the House of
Representatives, the Committee on Oversight and Reform
of the House of Representatives''.
(b) Comptroller General Review.--Not later than two years
after the date of the enactment of this section, the
Comptroller General of the United States shall submit to
Congress a report on the implementation of subsection (b)(12)
of section 705 of the Homeland Security Act of 2002 (6 U.S.C.
345), as amended by subsection (a).
----------
527. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
At the end of title LI of division E, add the following:
SEC. 51__. 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. 51__. 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 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.
(2) 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.
(3) 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).
(4) A description of the activities of the Special
Assistant for Veterans Affairs.
(5) 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, and the
Interagency Council on Homelessness.
(6) The cost to the Department of Housing and Urban
Development of administering the programs and
activities relating to veterans.
(7) 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)).
----------
528. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. ___. 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:
----------
529. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 54__. 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.
----------
530. An Amendment To Be Offered by Representative Green of Texas or His
Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. PROHIBITION ON TRADING AHEAD BY MARKET MAKERS.
(a) In General.--Section 15 of the Securities Exchange Act of
1934 (15 U.S.C. 78o) is amended by adding at the end the
following:
``(p) Prohibition on Trading Ahead by Market Makers.--
``(1) In general.--With respect to a person acting in
the capacity of a market maker, if the person accepts
an order with respect to a security from a customer,
including a broker or dealer--
``(A) the market maker has a duty of trust
and loyalty to the customer arising from the
receipt of such order; and
``(B) the information in such order is
material, non-public information that may be
used only in furtherance of executing such
customer's order.
``(2) Annual ceo certification.--The Chief Executive
Officer of each person that acts in the capacity of a
market maker shall issue an annual certification to the
Commission, in such form and manner as the Commission
may prescribe by rule, that certifies that--
``(A) the person has performed reasonable due
diligence during the reporting period to ensure
that the person has not violated the duty of
trust and loyalty described under paragraph
(1)(A) or used the information described under
paragraph (1)(B) in a prohibited fashion; and
``(B) the person has not violated the duty of
trust and loyalty described under paragraph
(1)(A) or used the information described under
paragraph (1)(B) in a prohibited fashion during
the reporting period.
``(3) Personal liability.--
``(A) Fine for individual violations.--Any
associated person of a market maker who
knowingly and willfully causes the market maker
to violate paragraph (1) (or who directs
another agent or associated person of the
market maker to commit such a violation or
engage in such acts that result in the
associated person being personally unjustly
enriched) shall be fined in an amount equal to
the greater of--
``(i) two times the amount of profit
realized by reason of such violation;
or
``(ii) $50,000.
``(B) Course of conduct.--Any associated
person of a market maker who knowingly and
willfully causes the market maker to engage in
a course of conduct of knowingly and willfully
violating paragraph (1) (or who directs another
agent or associated person of the market maker
to commit such a violation or engage in such
acts that result in the associated person being
personally unjustly enriched) shall be--
``(i) fined in an amount not to
exceed 200 percent of the compensation
(including stock options awarded as
compensation) received by such
associated person from the market
maker--
``(I) during the time period
in which the violations
occurred; or
``(II) in the one- to three-
year time period preceding the
date on which the violations
were discovered; and
``(ii) imprisoned for not more than 5
years.
``(C) Associated person defined.--The term
`associated person' means an associated person
of a broker or dealer.
``(4) Rulemaking.--Not later than the end of the 90-
day period beginning on the date of enactment of this
subsection, the Commission--
``(A) shall issue rules to carry out this
subsection; and
``(B) may provide exemptions from the
requirements of this subsection, by rule, if
the Commission determines that such exemptions
would promote market integrity and are
necessary or appropriate in the public interest
or for the protection of investors.''.
(b) Sense of Congress.--It is the sense of the Congress that
the prohibitions added by this section should complement, and
not replace, existing rules of self-regulatory organizations
applicable to their members, including brokers and dealers.
(c) Effective Date.--Section 15(p) of the Securities Exchange
Act of 1934, as added by subsection (a), shall take effect
after the end of the 180-day period beginning on the date of
enactment of this Act.
----------
531. An Amendment To Be Offered by Representative Guest of Mississippi
or His Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. ___. HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by
adding at the end the following:
``SEC. 219. HIGH-SPEED BROADBAND DEPLOYMENT INITIATIVE.
``(a) Definitions.--In this section:
``(1) Broadband project.--The term `broadband
project' means, for the purpose of providing,
extending, expanding, or improving high-speed broadband
service to further the goals of this Act--
``(A) planning, technical assistance, or
training;
``(B) the acquisition or development of land;
or
``(C) the acquisition, design and
engineering, construction, rehabilitation,
alteration, expansion, or improvement of
facilities, including related machinery,
equipment, contractual rights, and intangible
property.
``(2) Eligible recipient.--
``(A) In general.--The term `eligible
recipient' means an eligible recipient.
``(B) Inclusions.--The term `eligible
recipient' includes--
``(i) a public-private partnership;
and
``(ii) a consortium formed for the
purpose of providing, extending,
expanding, or improving high-speed
broadband service between 1 or more
eligible recipients and 1 or more for-
profit organizations.
``(3) High-speed broadband.--The term `high-speed
broadband' means the provision of 2-way data
transmission with sufficient downstream and upstream
speeds to end users to permit effective participation
in the economy and to support economic growth, as
determined by the Secretary.
``(b) Broadband Projects.--
``(1) In general.--On the application of an eligible
recipient, the Secretary may make grants under this
title for broadband projects, which shall be subject to
the provisions of this section.
``(2) Considerations.--In reviewing applications
submitted under paragraph (1), the Secretary shall take
into consideration geographic diversity of grants
allocated, including consideration of underserved
markets, in addition to data requested in paragraph
(3).
``(3) Data requested.--In reviewing an application
submitted under paragraph (1), the Secretary shall
request from the Federal Communications Commission, the
Administrator of the National Telecommunications and
Information Administration, the Secretary of
Agriculture, and the Appalachian Regional Commission
data on--
``(A) the level and extent of broadband
service that exists in the area proposed to be
served; and
``(B) the level and extent of broadband
service that will be deployed in the area
proposed to be served pursuant to another
Federal program.
``(4) Interest in real or personal property.--For any
broadband project carried out by an eligible recipient
that is a public-private partnership or consortium, the
Secretary shall require that title to any real or
personal property acquired or improved with grant
funds, or if the recipient will not acquire title,
another possessory interest acceptable to the
Secretary, be vested in a public partner or eligible
nonprofit organization or association for the useful
life of the project, after which title may be
transferred to any member of the public-private
partnership or consortium in accordance with
regulations promulgated by the Secretary.
``(5) Procurement.--Notwithstanding any other
provision of law, no person or entity shall be
disqualified from competing to provide goods or
services related to a broadband project on the basis
that the person or entity participated in the
development of the broadband project or in the drafting
of specifications, requirements, statements of work, or
similar documents related to the goods or services to
be provided.
``(6) Broadband project property.--
``(A) In general.--The Secretary may permit a
recipient of a grant for a broadband project to
grant an option to acquire real or personal
property (including contractual rights and
intangible property) related to that project to
a third party on such terms as the Secretary
determines to be appropriate, subject to the
condition that the option may only be exercised
after the Secretary releases the Federal
interest in the property.
``(B) Treatment.--The grant or exercise of an
option described in subparagraph (A) shall not
constitute a redistribution of grant funds
under section 217.
``(c) Non-Federal Share.--In determining the amount of the
non-Federal share of the cost of a broadband project, the
Secretary may provide credit toward the non-Federal share for
the present value of allowable contributions over the useful
life of the broadband project, subject to the condition that
the Secretary may require such assurances of the value of the
rights and of the commitment of the rights as the Secretary
determines to be appropriate.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note; Public Law 89-136) is amended by
inserting after the item relating to section 218 the following:
``Sec. 219. High-speed broadband deployment initiative.''.
____________________________________________________
532. An Amendment To Be Offered by Representative Harder of California
or His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__. EXPANSION OF ELIGIBILITY FOR HOSPITAL CARE, MEDICAL
SERVICES, AND NURSING HOME CARE FROM THE DEPARTMENT
OF VETERANS AFFAIRS TO INCLUDE VETERANS OF WORLD
WAR II.
Section 1710(a)(2)(E) of title 38, United States Code, is
amended--
(1) by striking ``of the Mexican border period or of
World War I;'' and inserting ``of--''; and
(2) by adding at the end the following new clauses:
``(i) the Mexican border period;
``(ii) World War I; or
``(iii) World War II;''.
----------
533. An Amendment To Be Offered by Representative Hill of Arkansas or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle C of title XII of division A the
following:
SEC. 1226. 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 provide to the appropriate
congressional committees a written 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 or indirectly support the
narcotics infrastructure of the Assad regime,
particularly through diplomatic and intelligence
support to law enforcement investigations and to build
counter-narcotics capacity to partner countries through
assistance and training to law enforcement services in
countries, other than Syria, that are receiving or
transiting large quantities of Captagon.
(2) Information relating to the use of statutory
authorities, including the Caesar Syria Civilian
Protection Act of 2019 (22 U.S.C. 8791 note), the
Foreign Narcotics Kingpin Designation Act (popularly
referred to as the ``Kingpin Act''), section 489 of the
Foreign Assistance Act (relating to the international
narcotics control strategy report), and associated
actions to target individuals and entities directly or
indirectly associated with the narcotics infrastructure
of the Assad regime.
(3) Information relating to the use of global
diplomatic engagements associated with the economic
pressure campaign against the Assad regime to target
its narcotics infrastructure.
(4) A strategy for leveraging multilateral
institutions and cooperation with international
partners to disrupt the narcotics infrastructure of the
Assad regime.
(5) A strategy for mobilizing a public communications
campaign to increase awareness of the extent of the
connection of the Assad regime to illicit narcotics
trade.
(6) A description of the countries receiving or
transiting large shipments of Captagon, and an
assessment of the counter-narcotics capacity of such
countries to interdict or disrupt the smuggling of
Captagon, including an assessment of current United
States assistance and training programs to build such
capacity in such countries.
(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 Committee on Armed Services, the Committee on
the Judiciary, the Committee on Foreign Affairs, the
Committee on Financial 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
the Judiciary, the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Appropriations, and the Select Committee
on Intelligence of the Senate.
----------
534. An Amendment To Be Offered by Representative Hill of Arkansas or
His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. SECURING AMERICA'S VACCINES FOR EMERGENCIES.
(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 Energy and Commerce of the
House of Representatives, the Chairman and Ranking Member of
the Committee on Financial Services of the House of
Representatives, the Chairman and Ranking Member of the
Committee on Banking, Housing, and Urban Affairs of the Senate,
and the Chairman and Ranking Member of the Committee on Health,
Education, Labor, and Pensions 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 paragraph (1).
(B) Scope of definitions.--The definitions
required by subparagraph (A)--
(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.
----------
535. An Amendment To Be Offered by Representative Hill of Arkansas or
His Designee, Debatable for 10 Minutes
Page 1262, after line 23, insert the following:
SEC. ___. SPECIAL DRAWING RIGHTS EXCHANGE PROHIBITION.
(a) In General.--The Secretary of the Treasury may not engage
in any transaction involving the exchange of Special Drawing
Rights issued by the International Monetary Fund that are held
by the Russian Federation or Belarus.
(b) Advocacy.--The Secretary of the Treasury shall--
(1) vigorously advocate that the governments of the
member countries of the International Monetary Fund, to
the extent that the member countries issue freely
usable currencies, prohibit transactions involving the
exchange of Special Drawing Rights held by the Russian
Federation or Belarus and
(2) direct the United States Executive Director at
each international financial institution (as defined in
section 1701(c)(2) of the International Financial
Institutions Act) to use the voice and vote of the
United States to oppose the provision of financial
assistance to the Russian Federation and Belarus,
except to address basic human needs of the civilian
population.
(c) Termination.--The preceding provisions of this section
shall have no force or effect on the earlier of--
(1) the date that is 5 years after the date of the
enactment of this Act; or
(2) 30 days after the date that the President reports
to the Congress that the governments of the Russian
Federation and Belarus have ceased destabilizing
activities with respect to the sovereignty and
territorial integrity of Ukraine.
(d) Waiver.--The President may waive the application of this
section if the President reports to the Congress that the
waiver is in the national interest of the United States and
includes an explanation of the reasons therefor.
----------
536. An Amendment To Be Offered by Representative Himes of Connecticut
or His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. PROHIBITION ON INSIDER TRADING.
(a) In General.--The Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) is amended by inserting after section 16
(15 U.S.C. 78p) the following:
``SEC. 16A. PROHIBITION ON INSIDER TRADING.
``(a) Prohibition Against Trading Securities While Aware of
Material, Nonpublic Information.--It shall be unlawful for any
person, directly or indirectly, to purchase, sell, or enter
into, or cause the purchase or sale of, or entry into, any
security, security-based swap, or security-based swap agreement
if that person, at the time the person takes such an action--
``(1) has access to information relating to such
security, security-based swap, or security-based swap
agreement that is material and nonpublic and is aware
(including if the person consciously avoids being
aware), or recklessly disregards, that such information
is material and nonpublic; and
``(2) is aware (including if the person consciously
avoids being aware), or recklessly disregards, that--
``(A) the information described in paragraph
(1) has been obtained wrongfully; or
``(B) the purchase, sale, or entry would
constitute wrongful trading on the information
described in paragraph (1).
``(b) Prohibition Against the Wrongful Communication of
Certain Material, Nonpublic Information.--It shall be unlawful
for any person, the purchase or sale of a security or security-
based swap (or entry into a security-based swap agreement) by
which would violate subsection (a), to wrongfully communicate
material, nonpublic information relating to that security,
security-based swap, or security-based swap agreement to any
other person, if--
``(1) the person communicating the information, at
the time the person communicates the information, is
aware (including if the person consciously avoids being
aware), or recklessly disregards, that such
communication would result in such a purchase, sale, or
entry; and
``(2) any recipient of the wrongfully communicated
information purchases, sells, or causes the purchase or
sale of any security or security-based swap, or enters
into (or causes the entry into) any security-based swap
agreement, based on that communication.
``(c) Standard and Knowledge Requirement.--
``(1) Standard.--For purposes of this section,
trading while aware of material, nonpublic information
under subsection (a), or communicating material,
nonpublic information under subsection (b), is wrongful
only if the information has been obtained by, or the
communication or trading on the information would
constitute, directly or indirectly--
``(A) theft, conversion, bribery,
misrepresentation, espionage (through
electronic or other means), or other
unauthorized access of the information;
``(B) a violation of any Federal law
protecting--
``(i) computer data; or
``(ii) the intellectual property or
privacy of computer users;
``(C) misappropriation from a source of the
information; or
``(D) a breach of any fiduciary duty to
shareholders of an issuer for a direct or
indirect personal benefit, including--
``(i) an existing or future pecuniary
gain or reputational benefit; or
``(ii) a gift of confidential
information to a relative or friend.
``(2) Knowledge requirement.--It shall not be
necessary that a person trading while aware of
information in violation of subsection (a), or making a
communication in violation of subsection (b), knows the
specific means by which the information was obtained or
communicated or traded on, or the specific benefit
described in paragraph (1)(D) that was received, paid,
or promised by or to any person in the chain of
communication, if the person trading while aware of the
information or making the communication, as applicable,
at the time the person makes the trade or communicates
the information, is aware (including if the person
consciously avoids being aware), or recklessly
disregards, that the information was wrongfully
obtained, wrongfully traded on, or wrongfully
communicated.
``(d) Affirmative Defenses.--
``(1) In general.--The Commission may, by rule or by
order, exempt any person, security, or transaction, or
any class of persons, securities, or transactions, from
any or all of the provisions of this section, upon such
terms and conditions as the Commission considers
necessary or appropriate in furtherance of the purposes
of this title.
``(2) Rule 10b5-1 compliant transactions.--The
prohibitions of this section shall not apply to any
transaction that satisfies the requirements of section
240.10b5-1 of title 17, Code of Federal Regulations, or
any successor regulation.
``(e) Rule of Construction.--The rights and remedies provided
by this section shall be in addition to any and all other
rights and remedies that may exist at law or in equity (without
regard to whether such a right or remedy is provided under this
Act) with respect to an action by a person to--
``(1) purchase, sell, or enter into a security,
security-based swap, or security-based swap agreement
while aware of material, nonpublic information; or
``(2) communicate material, nonpublic information
relating to a security, security-based swap, or
security-based swap agreement.''.
(b) Conforming Amendments.--The Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) is amended--
(1) in section 3(a)(78)(A) (15 U.S.C. 78c(a)(78)(A)),
by inserting ``16A,'' after ``16,'';
(2) in section 21(d)(2) (15 U.S.C. 78u(d)(2)), by
striking ``or the rules or regulations thereunder'' and
inserting ``, section 16A of this title, or the rules
or regulations under either such section'';
(3) in section 21A (15 U.S.C. 78u-1)--
(A) in subsection (g)(1), by striking
``section 10(b) and Rule 10b-5 thereunder'' and
inserting ``section 10(b), Rule 10b-5
thereunder, and section 16A''; and
(B) in subsection (h)(1), by striking
``section 10(b), and Rule 10b-5 thereunder''
and inserting ``section 10(b), Rule 10b-5
thereunder, and section 16A''; and
(4) in section 21C(f) (15 U.S.C. 78u-3(f)), by
striking ``or the rules or regulations thereunder'' and
inserting ``, section 16A, or the rules or regulations
under either such section''.
----------
537. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__. PILOT PROGRAM ON CYBERSECURITY TRAINING FOR VETERANS AND
MILITARY SPOUSES.
(a) Establishment.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of Veterans Affairs, shall
establish a pilot program under which the Secretary of Homeland
Security shall provide cybersecurity training to eligible
individuals at no cost to such individuals.
(b) Elements.--The cybersecurity training provided under the
pilot program shall include--
(1) coursework and training that, if applicable,
qualifies for postsecondary credit toward an associate
or baccalaureate degree at an institution of higher
education;
(2) virtual learning opportunities;
(3) hands-on learning and performance-based
assessments;
(4) Federal work-based learning opportunities and
programs; and
(5) the provision of recognized postsecondary
credentials to eligible individuals who complete the
pilot program.
(c) Eligibility.--
(1) In general.--To be eligible for the pilot program
under this section an individual shall be--
(A) a veteran who is entitled to educational
assistance under chapter 30, 32, 33, 34, or 35
of title 38, United States Code, or chapter
1606 of title 10, United States Code;
(B) a member of an active or a reserve
component of the Armed Forces who the Secretary
determines will become an eligible individual
under paragraph (1) within 180 days of the date
of such determination; or
(C) an eligible spouse described in section
1784a(b) of title 10, United States Code.
(2) No charge to entitlement.--In the case of an
individual described in paragraph (1)(A), training
under this section shall be provided to the individual
without charge to the entitlement of the individual to
educational assistance under the laws administered by
the Secretary of Veterans Affairs.
(d) Alignment With NICE Workforce Framework for
Cybersecurity.--In carrying out the pilot program, the
Secretary shall ensure alignment with the taxonomy, including
work roles and competencies and the associated tasks,
knowledge, and skills, from the National Initiative for
Cybersecurity Education Workforce Framework for Cybersecurity
(NIST Special Publication 800-181, Revision 1), or successor
framework.
(e) Coordination.--
(1) Training, platforms, and frameworks.--In
developing the pilot program, the Secretary of Homeland
Security shall coordinate with the Secretary of
Veterans Affairs, the Secretary of Defense, the
Secretary of Labor, the Director of the National
Institute of Standards and Technology, and the Director
of the Office of Personnel Management to evaluate and,
where possible, leverage existing training, platforms,
and frameworks of the Federal Government for providing
cybersecurity education and training to prevent
duplication of efforts.
(2) Federal work-based learning opportunities and
programs.--In developing the Federal work-based
learning opportunities and programs required under
subsection (b)(4), the Secretary of Homeland Security
shall coordinate with the Secretary of Veterans
Affairs, the Secretary of Defense, the Secretary of
Labor, the Director of the Office of Personnel
Management, and the heads of other appropriate Federal
agencies to identify or create, as necessary,
interagency opportunities to provide participants in
the pilot program with--
(A) opportunities to acquire and demonstrate
competencies; and
(B) the capabilities necessary to qualify for
Federal employment.
(f) Resources.--
(1) In general.--In any case in which the pilot
program--
(A) uses training, platforms, and frameworks
described in subsection (e)(1), the Secretary
of Homeland Security, in consultation with the
Secretary of Veterans Affairs, shall ensure
that the trainings, platforms, and frameworks
are expanded and resourced to accommodate usage
by eligible individuals participating in the
pilot program; or
(B) does not use training, platforms, and
frameworks described in subsection (e)(1), the
Secretary of Homeland Security, in consultation
with the Secretary of Veterans Affairs, shall
develop or procure training, platforms, and
frameworks necessary to carry out the
requirements of subsection (b) and accommodate
the usage by eligible individuals participating
in the pilot program.
(2) Actions.--In carrying out paragraph (1), the
Secretary of Homeland Security may provide additional
funding, staff, or other resources to--
(A) recruit and retain women,
underrepresented minorities, and individuals
from other underrepresented communities;
(B) provide administrative support for basic
functions of the pilot program;
(C) ensure the success and ongoing engagement
of eligible individuals participating in the
pilot program;
(D) connect participants who complete the
pilot program to job opportunities within the
Federal Government; and
(E) allocate dedicated positions for term
employment to enable Federal work-based
learning opportunities and programs, as
required under subsection (b)(4), for
participants to gain the competencies necessary
to pursue permanent Federal employment.
(g) Reports.--
(1) Secretary.--Not later than 2 years after the date
on which the pilot program is established, and annually
thereafter, the Secretary shall submit to Congress a
report on the pilot program. Such report shall
include--
(A) a description of--
(i) any activity carried out by the
Department of Homeland Security under
this section; and
(ii) the existing training,
platforms, and frameworks of the
Federal Government leveraged in
accordance with subsection (e)(1); and
(B) an assessment of the results achieved by
the pilot program, including--
(i) the admittance rate into the
pilot program;
(ii) the demographics of participants
in the program, including
representation of women,
underrepresented minorities, and
individuals from other underrepresented
communities;
(iii) the completion rate for the
pilot program, including if there are
any identifiable patterns with respect
to participants who do not complete the
pilot program;
(iv) as applicable, the transfer
rates to other academic or vocational
programs, and certifications and
licensure exam passage rates;
(v) the rate of continued employment
within a Federal agency for
participants after completing the pilot
program;
(vi) the rate of continued employment
for participants after completing the
pilot program; and
(vii) the median annual salary of
participants who completed the pilot
program and were subsequently employed.
(2) Comptroller general.--Not later than 4 years
after the date on which the pilot program is
established, the Comptroller General of the United
States shall submit to Congress a report on the pilot
program, including the recommendation of the
Comptroller General with respect to whether the pilot
program should be extended.
(h) Definitions.--In this section:
(1) 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).
(2) The term ``recognized postsecondary credential''
has the meaning given the term in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
(3) The term ``veteran'' has the meaning given the
term in section 101 of title 38, United States Code.
(4) 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).
(i) Termination.--The authority to carry out the pilot
program under this section shall terminate on the date that is
5 years after the date on which the Secretary establishes the
pilot program under this section.
(j) Federal Cybersecurity Workforce Assessment Extension.--
Section 304(a) of the Federal Cybersecurity Workforce
Assessment Act of 2015 (5 U.S.C. 301 note) is amended, in the
matter preceding paragraph (1), by striking ``2022'' and
inserting ``2025''.
----------
538. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8__. REPORT ON SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY
WOMEN.
(a) In General.--Section 8(m) of the Small Business Act (15
U.S.C. 637(m)) is amended by adding at the end the following
new paragraph:
``(9) Report.--Not later than May 1, 2023, and
annually thereafter, the Administrator shall submit to
the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report on small
business concerns owned and controlled by women. Such
report shall include, for the fiscal year preceding the
date of the report, the following:
``(A) The total number of concerns certified
as small business concerns owned and controlled
by women, disaggregated by the number of
concerns certified by--
``(i) the Administrator; or
``(ii) a national certifying entity
approved by the Administrator.
``(B) The amount of fees, if any, charged by
each national certifying entity for such
certification.
``(C) The total dollar amount and total
percentage of prime contracts awarded to small
business concerns owned and controlled by women
pursuant to paragraph (2) or pursuant to a
waiver granted under paragraph (3).
``(D) The total dollar amount and total
percentage of prime contracts awarded to small
business concerns owned and controlled by women
pursuant to paragraphs (7) and (8).
``(E) With respect to a contract incorrectly
awarded pursuant to this subsection because it
was awarded based on an industry in which small
business concerns owned and controlled by women
are not underrepresented--
``(i) the number of such contracts;
``(ii) the Federal agencies that
issued such contracts; and
``(iii) any steps taken by
Administrator to train the personnel of
such Federal agency on the use of the
authority provided under this
subsection.
``(F) With respect to an examination
described in paragraph (5)(B)--
``(i) the number of examinations due
because of recertification requirements
and the actual number of such
examinations conducted; and
``(ii) the number of examinations
conducted for any other reason.
``(G) The number of small business concerns
owned and controlled by women that were found
to be ineligible to be awarded a contract under
this subsection as a result of an examination
conducted pursuant to paragraph (5)(B) or
failure to request an examination pursuant to
section 127.400 of title 13, Code of Federal
Regulations (or a successor rule).
``(H) The number of small business concerns
owned and controlled by women that were
decertified.
``(I) Any other information the Administrator
determines necessary.''.
(b) Technical Amendment.--Section 8(m)(2)(C) of the Small
Business Act is amended by striking ``paragraph (3)'' and
inserting ``paragraph (4)''.
----------
539. An Amendment To Be Offered by Representative Jacobs of California
or Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. MODIFICATION TO PEACEKEEPING OPERATIONS REPORT.
Section 6502 of the National Defense Authorization Act for
Fiscal Year 2022 (135 Stat. 2422) is amended--
(1) in subsection (a)--
(A) by amendment paragraph (4) to read as
follows:
``(4) As applicable, description of specific training
on monitoring and adhering to international human
rights and humanitarian law provided to the foreign
country or entity receiving the assistance.''; and
(B) by striking paragraphs (7) and (8);
(2) in subsection (b)--
(A) by amending the heading to read as
follows: ``Reports''; and
(B) in paragraph (1), in the matter preceding
subparagraph (A)--
(i) by inserting ``authorized under
section 551 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2348) and''
after ``security assistance''; and
(ii) by striking ``foreign
countries'' and all that follows
through the colon and inserting
``foreign countries for any of the
following purposes:'';
(3) by redesignating subsection (c) as subsection
(d); and
(4) by inserting after subsection (b), as amended,
the following:
``(c) Coordination of Submission.--The Secretary of State is
authorized to integrate the elements of the report required by
subsection (b) into other reports required to be submitted
annually to the appropriate congressional committees.''.
----------
540. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. ___. REPORT TO CONGRESS BY SECRETARY OF STATE ON GOVERNMENT-
ORDERED INTERNET OR TELECOMMUNICATIONS SHUTDOWNS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State 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
that--
(1) describes incidents, occurring during the 5-year
period preceding the date of the submission of the
report, of government-ordered internet or
telecommunications shutdowns in foreign countries;
(2) analyzes the impact of such shutdowns on global
security and the human rights of those affected; and
(3) contains a strategy for engaging with the
international community to respond to such shutdowns.
----------
541. An Amendment To Be Offered by Representative Jayapal of Washington
or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title VII the following:
SEC. ___ HOUSING FIRST REPORT.
(a) In General.--The Secretary of Housing and Urban
Development shall, not later than 180 days after the date of
the enactment of this section, submit to the Financial Services
Committee of the House of Representatives and the Banking,
Housing and Urban Affairs Committee of the Senate, a report
about the effectiveness and success of housing first policies
in addressing homelessness by connecting homeless individuals
with housing and voluntary services.
(b) Contents.--The report required under subsection (a) shall
include findings made by the Secretary of Housing and Urban
Development with respect to the barriers that people
experiencing homelessness face when attempting to secure
permanent housing.
(c) Housing First Policy Defined.--In this section, the term
``housing first policy'' means a policy that prohibits
conditioning the provision of housing assistance for an
individual or family on--
(1) individual or family participation in supportive
services, such as counseling, job training, or
addiction treatment, for such individual or family; or
(2) such individuals or family meeting certain
prerequisites, including employment, sobriety, or lack
of drug use.
----------
542. An Amendment To Be Offered by Representative Kahele of Hawaii or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8__. NATIVE HAWAIIAN ORGANIZATIONS.
(a) Competitive Thresholds.--Section 8020 of title VIII of
division A of the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico, and
Pandemic Influenza Act, 2006 (15 U.S.C. 637 note) is amended by
striking ``with agencies of the Department of Defense'' and
inserting ``with agencies and departments of the Federal
Government''.
(b) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, in order to carry out the amendments
made by subsection (a)--
(1) the Administrator of the Small Business
Administration, in consultation with the Administrator
for Federal Procurement Policy, shall promulgate
regulations; and
(2) the Federal Acquisition Regulatory Council
established under section 1302(a) of title 41, United
States Code, shall amend the Federal Acquisition
Regulation.
----------
543. An Amendment To Be Offered by Representative Katko of New York or
His Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. 5306. PRELIMINARY DAMAGE ASSESSMENT.
(a) Findings.--Congress finds the following:
(1) Preliminary damage assessments play a critical
role in assessing and validating the impact and
magnitude of a disaster.
(2) Through the preliminary damage assessment
process, representatives from the Federal Emergency
Management Agency validate information gathered by
State and local officials that serves as the basis for
disaster assistance requests.
(3) Various factors can impact the duration of a
preliminary damage assessment and the corresponding
submission of a major disaster request, however, the
average time between when a disaster occurs, and the
submission of a corresponding disaster request has been
found to be approximately twenty days longer for
flooding disasters.
(4) With communities across the country facing
increased instances of catastrophic flooding and other
extreme weather events, accurate and efficient
preliminary damage assessments have become critically
important to the relief process for impacted States and
municipalities.
(b) Report to Congress.--
(1) In general.--Not later than 90 days after the
date of enactment of this Act, the Administrator of the
Federal Emergency Management Agency shall submit to
Congress a report describing the preliminary damage
assessment process, as supported by the Federal
Emergency Management Agency in the 5 years before the
date of enactment of this Act.
(2) Contents.--The report described in paragraph (1)
shall contain the following:
(A) The process of the Federal Emergency
Management Agency for deploying personnel to
support preliminary damage assessments.
(B) The number of Agency staff participating
on disaster assessment teams.
(C) The training and experience of such staff
described in subparagraph (B).
(D) A calculation of the average amount of
time disaster assessment teams described in
subparagraph (A) are deployed to a disaster
area.
(E) The efforts of the Agency to maintain a
consistent liaison between the Agency and
State, local, tribal, and territorial officials
within a disaster area.
(c) Preliminary Damage Assessment.--
(1) In general.--Not later than 6 months after the
date of enactment of this Act, the Administrator of the
Federal Emergency Management Agency shall convene an
advisory panel consisting of emergency management
personnel employed by State, local, territorial, or
tribal authorities, and the representative
organizations of such personnel to assist the Agency in
improving critical components of the preliminary damage
assessment process.
(2) Membership.--
(A) In general.--This advisory panel shall
consist of at least 2 representatives from
national emergency management organizations and
at least 1 representative from each of the 10
regions of the Federal Emergency Management
Agency, selected from emergency management
personnel employed by State, local,
territorial, or tribal authorities within each
region.
(B) Inclusion on panel.--To the furthest
extent practicable, representation on the
advisory panel shall include emergency
management personnel from both rural and urban
jurisdictions.
(3) Considerations.--The advisory panel convened
under paragraph (1) shall--
(A) consider--
(i) establishing a training regime to
ensure preliminary damage assessments
are conducted and reviewed under
consistent guidelines;
(ii) utilizing a common technological
platform to integrate data collected by
State and local governments with data
collected by the Agency; and
(iii) assessing instruction materials
provided by the Agency for omissions of
pertinent information or language that
conflicts with other statutory
requirements; and
(B) identify opportunities for streamlining
the consideration of preliminary damage
assessments by the Agency, including
eliminating duplicative paperwork requirements
and ensuring consistent communication and
decision making among Agency staff.
(4) Interim report.--Not later than 18 months after
the date of enactment of this Act, the Administrator
shall submit to Congress a report regarding the
findings of the advisory panel, steps that will be
undertaken by the Agency to implement the findings of
the advisory panel, and additional legislation that may
be necessary to implement the findings of the advisory
panel.
(5) Rulemaking and final report.--Not later than 2
years after the date of enactment of this Act, the
Administrator shall issue such regulations as are
necessary to implement the recommendations of the
advisory panel and submit to Congress a report
discussing--
(A) the implementation of recommendations
from the advisory panel;
(B) the identification of any additional
challenges to the preliminary damage assessment
process, including whether specific disasters
result in longer preliminary damage
assessments; and
(C) any additional legislative
recommendations necessary to improve the
preliminary damage assessment process.
----------
544. An Amendment To Be Offered by Representative Katko of New York or
His Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. 5306. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.
(a) In General.--Section 326(c) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d)
is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4);
and
(3) by inserting after paragraph (2) the following:
``(3) assist States in the collection and
presentation of material in the disaster or emergency
declaration request relevant to demonstrate severe
localized impacts within the State for a specific
incident, including--
``(A) the per capita personal income by local
area, as calculated by the Bureau of Economic
Analysis;
``(B) the disaster impacted population
profile, as reported by the Bureau of the
Census, including--
``(i) the percentage of the
population for whom poverty status is
determined;
``(ii) the percentage of the
population already receiving Government
assistance such as Supplemental
Security Income and Supplemental
Nutrition Assistance Program benefits;
``(iii) the pre-disaster unemployment
rate;
``(iv) the percentage of the
population that is 65 years old and
older;
``(v) the percentage of the
population 18 years old and younger;
``(vi) the percentage of the
population with a disability;
``(vii) the percentage of the
population who speak a language other
than English and speak English less
than `very well'; and
``(viii) any unique considerations
regarding American Indian and Alaskan
Native Tribal populations raised in the
State's request for a major disaster
declaration that may not be reflected
in the data points referenced in this
subparagraph;
``(C) the impact to community infrastructure,
including--
``(i) disruptions to community life-
saving and life-sustaining services;
``(ii) disruptions or increased
demand for essential community
services; and
``(iii) disruptions to
transportation, infrastructure, and
utilities; and
``(D) any other information relevant to
demonstrate severe local impacts.''.
(b) Gao Review of a Final Rule.--
(1) In general.--The Comptroller General shall
conduct a review of the Federal Emergency Management
Agency's implementation of its final rule, published on
March 21, 2019, amending section 206.48(b) of title 44,
Code of Federal Regulations (regarding factors
considered when evaluating a Governor's request for a
major disaster declaration), which revised the factors
that the Agency considers when evaluating a Governor's
request for a major disaster declaration authorizing
individual assistance under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq).
(2) Scope.--The review required under paragraph (1)
shall include the following:
(A) An assessment of the criteria used by the
Agency to assess individual assistance requests
following a major disaster declaration
authorizing individual assistance.
(B) An assessment of the consistency with
which the Agency uses the updated Individual
Assistance Declaration Factors when assessing
the impact of individual communities after a
major disaster declaration.
(C) An assessment of the impact, if any, of
using the updated Individual Assistance
Declaration Factors has had on equity in
disaster recovery outcomes.
(D) Recommendations to improve the use of the
Individual Assistance Declaration Factors to
increase equity in disaster recovery outcomes.
(3) Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General
shall submit to the Committee on Transportation and
Infrastructure 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.
----------
545. An Amendment To Be Offered by Representative Katko of New York or
His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. ___. REQUIREMENT FOR THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT TO ANNUALLY REPORT COMPLAINTS OF SEXUAL
HARASSMENT.
(a) 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:
``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.''.
----------
546. An Amendment To Be Offered by Representative Katko of New York or
His Designee, Debatable for 10 Minutes
At the end of title LVIII, insert the following new section:
SEC. 58___. DEPARTMENT OF LABOR 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, 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, shall conduct a study of the
factors affecting employment opportunities in the
United States for applicable immigrants and refugees
who have professional credentials that were obtained in
a country other than the United States.
(2) Work with other entities.--The Secretary of Labor
shall seek to work with relevant nonprofit
organizations and State agencies to use the existing
data and resources of such entities to conduct the
study required under paragraph (1).
(3) Limitation on disclosure.--Any information
provided to the Secretary of Labor in connection with
the study required under paragraph (1)--
(A) may only be used for the purposes of, and
to the extent necessary to ensure the efficient
operation of, such study; and
(B) may not be disclosed to any other person
or entity except as provided under this
subsection.
(b) Inclusions.--The study required under subsection (a)(1)
shall include--
(1) an analysis of the employment history of
applicable immigrants and refugees admitted to the
United States during the 5-year period immediately
preceding the date of the enactment of this Act, which
shall include, to the extent practicable--
(A) a comparison of the employment applicable
immigrants and refugees held before immigrating
to the United States with the employment they
obtained in the United States, if any, since
their arrival; and
(B) the occupational and professional
credentials and academic degrees held by
applicable immigrants and refugees before
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 in the United States;
(3) an analysis of available public and private
resources assisting applicable immigrants and refugees
who have professional experience and qualifications
obtained outside of the United States to obtain skill-
appropriate employment in the United States; and
(4) policy recommendations for better enabling
applicable immigrants and refugees who have
professional experience and qualifications obtained
outside of the United States to obtain skill-
appropriate employment in the United States.
(c) Report.--Not later than 18 months after the date of the
enactment of this section, the Secretary of Labor shall--
(1) submit a report to Congress that describes the
results of the study conducted pursuant to subsection
(a); and
(2) make such report publicly available on the
website of the Department of Labor.
(d) Definitions.--In this section:
(1) The term ``applicable immigrants and refugees''--
(A) means individuals who--
(i)(I) are not citizens or nationals
of the United States; and
(II) are lawfully present in the
United States and authorized to be
employed in the United States; or
(ii) are naturalized citizens of the
United States who were 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 (title VI of division F of Public Law
111-8; 8 U.S.C. 1101 note).
(2) Except as otherwise defined in this section,
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)).
----------
547. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 826, insert after line 13 the following:
SEC. 1236. PROHIBITION ON RUSSIAN PARTICIPATION IN THE G7.
(a) Statement of Policy.--It is the policy of the United
States to exclude the Russian Federation from the Group of
Seven or reconstitute a Group of Eight that includes the
Russian Federation.
(b) Limitation.--Notwithstanding any other provision of law,
no Federal funds are authorized to be appropriated or otherwise
made available to take any action to support or facilitate--
(1) the participation of the Russian Federation in a
Group of Seven proceeding; or
(2) the reconstitution of a Group of Eight that
includes the Russian Federation.
----------
548. An Amendment To Be Offered by Representative Keating of
Massachusetts or His Designee, Debatable for 10 Minutes
Page 826, insert after line 13 the following:
SEC. 1236. CONDEMNING DETENTION AND INDICTMENT OF RUSSIAN OPPOSITION
LEADER VLADIMIR VLADIMIROVICH KARA-MURZA.
(a) Findings.--Congress finds the following:
(1) Vladimir Vladimirovich Kara-Murza (referred to in
this section as ``Mr. Kara-Murza'') has tirelessly
worked for decades to advance the cause of freedom,
democracy, and human rights for the people of the
Russian Federation.
(2) In retaliation for his advocacy, two attempts
have been made on Mr. Kara-Murza's life, as--
(A) on May 26, 2015, Mr. Kara-Murza fell ill
with symptoms indicative of poisoning and was
hospitalized; and
(B) on February 2, 2017, he fell ill with
similar symptoms and was placed in a medically
induced coma.
(3) Independent investigations conducted by
Bellingcat, the Insider, and Der Spiegel found that the
same unit of the Federal Security Service of the
Russian Federation responsible for poisoning Mr. Kara-
Murza was responsible for poisoning Russian opposition
leader Alexei Navalny and activists Timur Kuashev,
Ruslan Magomedragimov, and Nikita Isayev.
(4) On February 24, 2022, Vladimir Putin launched
another unprovoked, unjustified, and illegal invasion
into Ukraine in contravention of the obligations freely
undertaken by the Russian Federation to respect the
territorial integrity of Ukraine under the Budapest
Memorandum of 1994, the Minsk protocols of 2014 and
2015, and international law.
(5) On March 5, 2022, Vladimir Putin signed a law
criminalizing the distribution of truthful statements
about the invasion of Ukraine by the Russian Federation
and mandating up to 15 years in prison for such
offenses.
(6) Since February 24, 2022, Mr. Kara-Murza has used
his voice and platform to join more than 15,000
citizens of the Russian Federation in peacefully
protesting the war against Ukraine and millions more
who silently oppose the war.
(7) On April 11, 2022, five police officers arrested
Mr. Kara-Murza in front of his home and denied his
right to an attorney, and the next day Mr. Kara-Murza
was sentenced to 15 days in prison for disobeying a
police order.
(8) On April 22, 2022, the Investigative Committee of
the Russian Federation charged Mr. Kara-Murza with
violations under the law signed on March 5, 2022, for
his fact-based statements condemning the invasion of
Ukraine by the Russian Federation.
(9) Mr. Kara-Murza was then placed into pretrial
detention and ordered to be held until at least June
12, 2022.
(10) If convicted of those charges, Mr. Kara-Murza
faces detention in a penitentiary system that human
rights nongovernmental organizations have criticized
for widespread torture, ill-treatment, and suspicious
deaths of prisoners.
(b) Sense of Congress.--It is the sense of Congress that
Congress--
(1) condemns the unjust detention and indicting of
Russian opposition leader Vladimir Vladimirovich Kara-
Murza, who has courageously stood up to oppression in
the Russian Federation;
(2) expresses solidarity with Vladimir Vladimirovich
Kara-Murza, his family, and all individuals in the
Russian Federation imprisoned for exercising their
fundamental freedoms of speech, assembly, and belief;
(3) urges the United States Government and other
allied governments to work to secure the immediate
release of Vladimir Vladimirovich Kara-Murza, Alexei
Navalny, and other citizens of the Russian Federation
imprisoned for opposing the regime of Vladimir Putin
and the war against Ukraine; and
(4) calls on the President to increase support
provided by the United States Government for those
advocating for democracy and independent media in the
Russian Federation, which Vladimir Vladimirovich Kara-
Murza has worked to advance.
----------
549. 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__. TEMPORARY AUTHORITY TO APPOINT RETIRED MEMBERS OF THE ARMED
FORCES TO MILITARY HEALTH SYSTEM POSITIONS.
Section 1108 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283) is amended--
(1) in subsection (a), by striking ``subsection (b)''
and inserting ``subsection (b) or (c)'';
(2) in the heading for subsection (b), by striking
``Positions'' and inserting ``Defense Industrial Base
Facility Positions'';
(3) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(4) by inserting after subsection (b) the following:
``(c) Military Health System Positions.--The positions in the
Department described in this subsection are medical or health
profession positions in the civil service within the military
health system.''; and
(5) by amending subsection (f) (as redesignated by
paragraph (3) of this section) to read as follows:
``(f) Definitions.--In this section--
``(1) the term `civil service' has the meaning given
that term in section 2101 of title 5, United States
Code;
``(2) the term `medical or health profession
positions' means any position listed under any of
paragraphs (1), (2), or (3) of section 7401 of title
38, United States Code; and
``(3) the terms `member' and `Secretary concerned'
have the meaning given those terms in section 101 of
title 37, United States Code.''.
----------
550. An Amendment To Be Offered by Representative LaMalfa of California
or His Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. ___. FLEXIBILITY.
(a) In General.--Section 1216(a) of the Disaster Recovery
Reform Act of 2018 (42 U.S.C. 5174a(a)) is amended--
(1) by amending paragraph (2)(A) to read as follows:
``(A) except as provided in subparagraph (B),
shall--
``(i) waive a debt owed to the United
States related to covered assistance
provided to an individual or household
if the covered assistance was
distributed based on an error by the
Agency and such debt shall be construed
as a hardship; and
``(ii) waive a debt owed to the
United States related to covered
assistance provided to an individual or
household if such assistance is subject
to a claim or legal action, including
in accordance with section 317 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5160); and''; and
(2) in paragraph (3)(B)--
(A) by striking ``Removal of'' and inserting
``Report on''; and
(B) in clause (ii) by striking ``the
authority of the Administrator to waive debt
under paragraph (2) shall no longer be
effective'' and inserting ``the Administrator
shall report to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate
actions that the Administrator will take to
reduce the error rate''.
(b) Report to Congress.--The Administrator of the Federal
Emergency Management Agency shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report containing a
description of the internal processes used to make decisions
regarding the distribution of covered assistance under section
1216 of the Disaster Recovery and Reform Act of 2018 (42 U.S.C.
5174a) and any changes made to such processes.
----------
551. An Amendment To Be Offered by Representative Lamb of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__. 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.
----------
552. An Amendment To Be Offered by Representative Lamb of Pennsylvania
or His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__. 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 in 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 description of how the
pilot program will be carried out in a manner to reduce
the unemployment of veterans.
(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 one year 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 ``resource management'' means approved
conservation practices which, when properly planned and
applied, work in tandem to provide environmental
conservation and protection for soil, water, air,
plant, and animal resources.
(3) 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.
----------
553. 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 of division E the following:
SEC. 5206. 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. 323. 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, shall award grants, contracts,
or cooperative agreements to covered entities for the
establishment of not fewer than two cybersecurity-focused
Critical Technology Security Centers to evaluate and test the
security of critical technology.
``(b) Evaluation and Testing.--In carrying out the evaluation
and testing of the security of critical technology pursuant to
subsection (a), the Critical Technology Security Centers
referred to in such subsection shall address the following
technologies:
``(1) The security of information and communications
technology that underpins national critical functions
related to communications.
``(2) The security of networked industrial equipment,
such as connected programmable data logic controllers
and supervisory control and data acquisition servers.
``(3) The security of open source software that
underpins national critical functions.
``(4) The security of critical software used by the
Federal Government.
``(c) Addition or Termination of Centers.--
``(1) In general.--The Under Secretary for Science
and Technology may, in coordination with the Director,
award or terminate grants, contracts, or cooperative
agreements to covered entities for the establishment of
additional or termination of existing Critical
Technology Security Centers to address critical
technologies.
``(2) Limitation.--The authority provided under
paragraph (1) may be exercised except if such exercise
would result in the operation at any time of fewer than
two Critical Technology Security Centers.
``(d) Selection of Critical Technologies.--
``(1) In general.--Before awarding a grant, contract,
or cooperative agreement to a covered entity to
establish a Critical Technology Security Center, the
Under Secretary for Science and Technology shall
coordinate with the Director, who shall provide the
Under Secretary a list of critical technologies or
specific guidance on such technologies that would be
within the remit of any such Center.
``(2) Expansion and modification.--The Under
Secretary for Science and Technology, in coordination
with the Director, is authorized to expand or modify at
any time the list of critical technologies or specific
guidance on technologies referred to in paragraph (1)
that is within the remit of a proposed or established
Critical Technology Security Center.
``(e) Responsibilities.--In carrying out the evaluation and
testing of the security of critical technology pursuant to
subsection (a), the Critical Technology Security Centers
referred to in such subsection shall each have the following
responsibilities:
``(1) Conducting rigorous security testing to
identify vulnerabilities in such technologies.
``(2) Utilizing the coordinated vulnerability
disclosure processes established under subsection (g)
to report to the developers of such technologies and,
as appropriate, to the Cybersecurity and Infrastructure
Security Agency, information relating to
vulnerabilities discovered and any information
necessary to reproduce such vulnerabilities.
``(3) Developing new capabilities for improving the
security of such technologies, including vulnerability
discovery, management, and mitigation.
``(4) Assessing the security of software, firmware,
and hardware that underpin national critical functions.
``(5) Supporting existing communities of interest,
including through grant making, 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) Risk Based Evaluations.--Unless otherwise directed
pursuant to guidance issued by the Under Secretary or Director
under subsection (d), to the greatest extent practicable
activities carried out pursuant to the responsibilities
specified in subsection (e) shall leverage risk-based
evaluations to focus on activities that have the greatest
effect practicable on the security of the critical technologies
within each Critical Technology Security Center's remit, such
as the following:
``(1) Developing capabilities that can detect or
eliminate entire classes of vulnerabilities.
``(2) Testing for vulnerabilities in the most widely
used technology or vulnerabilities that affect many
such critical technologies.
``(g) Coordinated Vulnerability Disclosure Processes.--Each
Critical Technology Security Center shall establish, in
coordination with the Director, coordinated vulnerability
disclosure processes regarding the disclosure of
vulnerabilities that--
``(1) are adhered to when a vulnerability is
discovered or disclosed by each such Center, consistent
with international standards and coordinated
vulnerability disclosure best practices; and
``(2) are published on the website of each such
Center.
``(h) Application.--To be eligible for an award of a grant,
contract, or cooperative agreement 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.
``(i) Public Reporting of Vulnerabilities.--The Under
Secretary for Science and Technology shall ensure that
vulnerabilities discovered by a Critical Technology Security
Center are reported to the National Vulnerability Database of
the National Institute of Standards and Technology, as
appropriate and using the coordinated vulnerability disclosure
processes established under subsection (g).
``(j) Additional Guidance.--The Under Secretary for Science
and Technology, in coordination with the Director, shall
develop, and periodically update, guidance, including
eligibility and any additional requirements, relating to how
Critical Technology Security Centers may award grants to
communities of interest pursuant to subsection (e)(5) to
remediate vulnerabilities and take other actions under such
subsection and subsection (k).
``(k) Open Source Software Security Grants.--
``(1) In general.--Any Critical Technology Security
Center addressing open source software security may
award grants, in consultation with the Under Secretary
for Science and Technology and Director, to individual
open source software developers and maintainers,
nonprofit organizations, and other non-Federal entities
as determined appropriate by any such Center, to fund
improvements to the security of the open source
software ecosystem.
``(2) Improvements.--A grant awarded under paragraph
(1) may include improvements such as the following:
``(A) Security audits.
``(B) Funding for developers to patch
vulnerabilities.
``(C) Addressing code, infrastructure, and
structural weaknesses, including rewrites of
open source software components in memory-safe
programming languages.
``(D) Research and tools to assess and
improve the overall security of the open source
software ecosystem, such as improved software
fault isolation techniques.
``(E) Training and other tools to aid open
source software developers in the secure
development of open source software, including
secure coding practices and secure systems
architecture.
``(3) Priority.--In awarding grants under paragraph
(1), a Critical Technology Security Center shall
prioritize, to the greatest extent practicable, the
following:
``(A) Where applicable, open source software
components identified in guidance from the
Director, or if no such guidance is so
provided, utilizing the risk-based evaluation
described in subsection (f).
``(B) Activities that most promote the long-
term security of the open source software
ecosystem.
``(l) Biennial Reports to Under Secretary.--Not later than
one year after the date of the enactment of this section and
every two years thereafter, each Critical Technology Security
Center shall submit to the Under Secretary for Science and
Technology and Director a report that includes the following:
``(1) A summary of the work performed by such Center.
``(2) Information relating to the allocation of
Federal funds at such Center.
``(3) A description of each vulnerability that has
been publicly disclosed pursuant to subsection (g),
including information relating to the corresponding
software weakness.
``(4) An assessment of the criticality of each such
vulnerability.
``(5) A list of critical technologies studied by such
Center.
``(6) An overview of the methodologies used by such
Center, such as tactics, techniques, and procedures.
``(7) A description of such Center's development of
capabilities for vulnerability discovery, management,
and mitigation.
``(8) A summary of such Center's support to existing
communities of interest, including an accounting of
dispersed grant funds.
``(9) For such Center, if applicable, a summary of
any grants awarded during the period covered by the
report that includes the following:
``(A) An identification of the entity to
which each such grant was awarded.
``(B) The amount of each such grant.
``(C) The purpose of each such grant.
``(D) The expected impact of each such grant.
``(10) The coordinated vulnerability disclosure
processes established by such Center.
``(m) Reports to Congress.--Upon receiving the reports
required under subsection (l), the Under Secretary for Science
and Technology shall submit to the appropriate congressional
committees a report that includes, with respect to each
Critical Technology Security Center, the reports received in
subsection (l). Where applicable, the Under Secretary shall
include an explanation for any deviations from the list of
critical technologies studied by a Center from the list of
critical technologies or specific guidance relating to such
technologies provided by the Director before the distribution
of funding to such Center.
``(n) Consultation With Relevant Agencies.--In carrying out
this section, the Under Secretary shall consult with the heads
of other Federal agencies conducting cybersecurity research,
including 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.
``(o) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section the following:
``(1) $40,000,000 for fiscal year 2023.
``(2) $42,000,000 for fiscal year 2024.
``(3) $44,000,000 for fiscal year 2025.
``(4) $46,000,000 for fiscal year 2026.
``(5) $49,000,000 for fiscal year 2027.
``(p) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Homeland Security of
the House of Representatives; and
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
``(2) Covered entity.--The term `covered entity'
means a university or federally-funded research and
development center, including a national laboratory, or
a consortia thereof.
``(3) Critical technology.--The term `critical
technology' means technology that underpins one or more
national critical functions.
``(4) Critical software.--The term `critical
software' has the meaning given such term by the
National Institute of Standards and Technology pursuant
to Executive Order 14028 or any successor provision.
``(5) Open source software.--The term `open source
software' means software for which the human-readable
source code is made available to the public for use,
study, re-use, modification, enhancement, and
redistribution.
``(6) Director.--The term `Director' means the
Director of the Cybersecurity and Infrastructure
Security Agency.''.
(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 critical technologies
(as such term is defined in section 323) or
develop guidance relating to such technologies
within the remits of the Critical Technology
Security Centers as described in such
section.''.
(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 322 the following
new item:
``Sec. 323. Critical Technology Security Centers.''.
----------
554. 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 of division E the following:
SEC. 5206. SYSTEMICALLY IMPORTANT ENTITIES.
(a) Identification of Systemically Important Entities.--
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. 2220D. PROCEDURE FOR DESIGNATION OF SYSTEMICALLY IMPORTANT
ENTITIES.
``(a) Establishment of Criteria and Procedures.--
``(1) In general.--Not later than 12 months after the
date of the enactment of this section, the Secretary,
acting through the Director, in consultation with the
National Cyber Director, Sector Risk Management
Agencies, the Critical Infrastructure Partnership
Advisory Council, and, as appropriate, other government
and nongovernmental entities, shall establish criteria
and procedures for identifying and designating certain
entities as systemically important entities for
purposes of this section.
``(2) Consideration.--In establishing the criteria
for designation under paragraph (1), the Secretary
shall consider the following:
``(A) The consequences that a disruption to a
system, asset, or facility under an entity's
control would have on one or more national
critical functions.
``(B) The degree to which the entity has the
capacity to engage in operational collaboration
with the Agency, and the degree to which such
operational collaboration would benefit
national security.
``(C) The entity's role and prominence within
critical supply chains or in the delivery of
critical functions.
``(D) Any other factors the Secretary
determines appropriate.
``(3) Elements.--The Secretary shall develop a
mechanism for owners and operators of critical
infrastructure to submit information to assist the
Secretary in making designations under this subsection.
``(b) Designation of Systemically Important Entities.--
``(1) In general.--The Secretary, using the criteria
and procedures established under subsection (a)(1) and
any supplementary information submitted under
subsection (a)(3), shall designate certain entities as
systemically important entities.
``(2) Notification of designation status.--The
Secretary shall notify designees within 30 days of
designation or dedesignation, with an explanation of
the basis for such determination.
``(3) Register.--The Secretary shall maintain and
routinely update a list, or register, of such entities,
with contact information.
``(4) Limitations.--
``(A) In general.--The number of designated
entities shall not exceed 200 in total.
``(B) Sunset.--Beginning on the date that is
four years after the date of the enactment of
this section, the Secretary, after consultation
with the Director, may increase the number of
designated entities provided--
``(i) such number does not exceed 150
percent of the prior maximum;
``(ii) the Secretary publishes such
new maximum number in the Federal
Register; and
``(iii) such new maximum number has
not been changed in the immediately
preceding four years.
``(c) Redress.--
``(1) In general.--Subject to paragraph (2), the
Secretary shall develop a mechanism, consistent with
subchapter II of chapter 5 of title 5, United States
Code, for an entity notified under subsection (b)(2) to
present evidence that the Secretary should reverse--
``(A) the designation of a facility, system,
or asset as systemically important critical
infrastructure;
``(B) the determination that a facility,
system, or asset no longer constitutes
systemically important critical infrastructure;
or
``(C) a final judgment entered in a civil
action seeking judicial review brought in
accordance with paragraph (2).
``(2) Appeal to federal court.--A civil action
seeking judicial review of a final agency action taken
under the mechanism developed under paragraph (1) shall
be filed in the United States District Court for the
District of Columbia.
``(d) Reporting for Systemically Important Entities.--
``(1) In general.--Not later than two years after the
date of the enactment of this section, the Secretary,
acting through the Director, in consultation with the
National Cyber Director, Sector Risk Management
Agencies, the CISA Cybersecurity Advisory Committee,
and relevant government and nongovernment entities,
shall establish reporting requirements for systemically
important entities.
``(2) Requirements.--The requirements established
under subsection (a) shall directly support the
Department's ability to understand and prioritize
mitigation of risks to national critical functions and
ensure that any information obtained by a systemically
important entity pursuant to this section is properly
secured.
``(3) Reported information.--The requirements under
paragraph (2) may include obligations for systemically
important entities to--
``(A) identify critical assets, systems,
suppliers, technologies, software, services,
processes, or other dependencies that would
inform the Federal Government's understanding
of the risks to national critical functions
present in the entity's supply chain;
``(B) associate specific third-party entities
with the supply chain dependencies identified
under subparagraph (A);
``(C) detail the supply chain risk management
practices put in place by the systemically
important entity, including, where applicable,
any known security and assurance requirements
for third-party entities under subparagraph
(B); and
``(D) identify any documented security
controls or risk management practices that
third-party entities have enacted to ensure the
continued delivery of critical services to the
systemically important entity.
``(4) Duplicative requirements.--
``(A) In general.--The Secretary shall
coordinate with the head of any Federal agency
with responsibility for regulating the security
of a systemically important entity to determine
whether the reporting requirements under this
subsection may be fulfilled by any reporting
requirement in effect on the date of the
enactment of this section or subsequently
enacted after such date.
``(B) Existing required reports.--If the
Secretary determines that an existing reporting
requirement for a systemically important entity
substantially satisfies the reporting
requirements under this subsection, the
Secretary shall accept such report and may not
require a such entity to submit an alternate or
modified report.
``(C) Coordination.--The Secretary shall
coordinate with the head any Federal agency
with responsibilities for regulating the
security of a systemically important entity to
eliminate any duplicate reporting or compliance
requirements relating to the security or
resiliency of such entities.
``(e) Intelligence Support to Systemically Important
Entities.--
``(1) Identification of information needs.--Not later
than one year after the date of the enactment of this
section, the Secretary, acting through the Director,
shall establish a process to solicit and compile
relevant information from Sector Risk Management
Agencies and any other relevant Federal agency to
inform and identify common information needs and
interdependencies across systemically important
entities
``(2) Interdependencies and risk identification.--In
establishing the process under paragraph (1), the
Secretary, acting through the Director, shall
incorporate methods and procedures--
``(A) to identify the types of information
needed to understand interdependence of
systemically important entities and areas where
a nation-state adversary may target to cause
widespread compromise or disruption,
including--
``(i) common technologies, including
hardware, software, and services, used
within systemically important entities;
``(ii) critical lines of businesses,
services, processes, and functions on
which multiple systemically important
entities are dependent;
``(iii) specific technologies,
components, materials, or resources on
which multiple systemically important
entities are dependent; and
``(iv) Federal, State, local, Tribal,
or territorial government services,
functions, and processes on which
multiple systemically important
entities are dependent; and
``(B) to associate specific systemically
important entities with the information
identified under subparagraph (A),
``(3) Information needs and indications and
warning.--In establishing the process under paragraph
(1), the Secretary, acting through the Director, in
consultation with the Director of National
Intelligence, shall incorporate methods and procedures
to--
``(A) provide indications and warning to
systemically important entities regarding
nation-state adversary cyber operations
relevant to information identified under
paragraph (2)(A); and
``(B) to identify information needs for the
cyber defense efforts of such entities.
``(4) Recurrent input.--Not later than 30 days after
the establishment of the process under paragraph (1)
and no less often than biennially thereafter, the
Secretary, acting through the Director, shall solicit
information from systemically important entities
utilizing such process.
``(5) Intelligence sharing.--
``(A) In general.--Not later than five days
after discovery of information that indicates a
credible threat to an identifiable systemically
important entity, the Director of National
Intelligence, in coordination with the
Secretary, shall share the appropriate
intelligence information with such entity.
``(B) Emergency notification.--The Director
of National Intelligence, in coordination with
the Secretary, shall share any intelligence
information related to a systemically important
entity with such entity not later than 24 hours
after the Director of National Intelligence
determines that such information indicates an
imminent threat--
``(i) to such entity, or to a system,
asset, or facility such entity owns or
operates; or
``(ii) to national security, economic
security, or public health and safety
relevant to such entity.
``(C) National security exemptions.--
Notwithstanding subparagraphs (A) or (B), the
Director of National Intelligence may withhold
intelligence information pertaining to a
systemically important entity if the Director
of National Intelligence, with the concurrence
of the Secretary and the Director, determines
that withholding such information is in the
national security interest of the United
States.
``(D) Report to congress.--Not later than
three years after the date of the enactment of
this section and annually thereafter, the
Secretary, in coordination with the National
Cyber Director and the Director of National
Intelligence, shall submit to the Committee on
Homeland Security of the House of
Representatives, the Committee on Homeland
Security and Government Affairs of the Senate,
the Permanent Select Committee on Intelligence
of the House of Representatives, and the Select
Committee on Intelligence of the Senate, a
report that--
``(i) provides an overview of the
intelligence information shared with
systemically important entities; and
``(ii) evaluates the relevance and
success of the classified, actionable
information 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)) provided to
systemically important entities.
``(E) Intelligence sharing.--Notwithstanding
any other provision of law, information or
intelligence shared with systemically important
entities under the processes established under
this subsection shall not constitute favoring
one private entity over another.
``(f) Prioritization.--In allocating Department resources,
the Secretary shall prioritize systemically important entities
in the provision of voluntary services, and encourage
participation in programs to provide technical assistance in
the form of continuous monitoring and detection of
cybersecurity risks.
``(g) Incident Response.--In the event that a systemically
important entity experiences a serious cyber incident, the
Secretary shall--
``(1) promptly establish contact with such entity to
acknowledge receipt of notification, obtain additional
information regarding such incident, and ascertain the
need for incident response or technical assistance;
``(2) maintain routine or continuous contact with
such entity to monitor developments related to such
incident;
``(3) assist in incident response, mitigation, and
recovery efforts;
``(4) ascertain evolving needs of such entity; and
``(5) prioritize voluntary incident response and
technical assistance for such covered entity.
``(h) Operational Collaboration With Systemically Important
Entities.--The head of the office for joint cyber planning
established pursuant to section 2216, in carrying out the
responsibilities of such office with respect to relevant cyber
defense planning, joint cyber operations, cybersecurity
exercises, and information-sharing practices, shall, to the
extent practicable, prioritize the involvement of systemically
important entities.
``(i) Emergency Planning.--In partnership with systemically
important entities, the Secretary, in coordination with the
Director, the heads of Sector Risk Management Agencies, and the
heads of other Federal agencies with responsibilities for
regulating critical infrastructure, shall regularly exercise
response, recovery, and restoration plans to--
``(1) assess performance and improve the capabilities
and procedures of government and systemically important
entities to respond to a major cyber incident; and
``(2) clarify specific roles, responsibilities, and
authorities of government and systemically important
entities when responding to such an incident.
``(j) Interagency Council for Critical Infrastructure
Cybersecurity Coordination.--
``(1) Interagency council for critical infrastructure
cybersecurity coordination.--There is established an
Interagency Council for Critical Infrastructure
Cybersecurity Coordination (in this section referred to
as the `Council').
``(2) Chairs.--The Council shall be co-chaired by--
``(A) the Secretary, acting through the
Director; and
``(B) the National Cyber Director.
``(3) Membership.--The Council shall be comprised of
representatives from the following:
``(A) Appropriate Federal departments and
agencies, including independent regulatory
agencies responsible for regulating the
security of critical infrastructure, as
determined by the Secretary and National Cyber
Director.
``(B) Sector Risk Management Agencies.
``(C) The National Institute of Standards and
Technology.
``(4) Functions.--The Council shall be responsible
for the following:
``(A) Reviewing existing regulatory
authorities that could be utilized to
strengthen cybersecurity for critical
infrastructure, as well as potential
forthcoming regulatory requirements under
consideration, and coordinating to ensure that
any new or existing regulations are streamlined
and harmonized to the extent practicable,
consistent with the principles described in
paragraph (5).
``(B) Developing cross-sector and sector-
specific cybersecurity performance goals that
serve as clear guidance for critical
infrastructure owners and operators about the
cybersecurity practices and postures that the
American people can trust and should expect for
essential services.
``(C) Facilitating information sharing and,
where applicable, coordination on the
development of cybersecurity policy,
rulemaking, examinations, reporting
requirements, enforcement actions, and
information sharing practices.
``(D) Recommending to members of the council
general supervisory priorities and principles
reflecting the outcome of discussions among
such members.
``(E) Identifying gaps in regulation that
could invite cybersecurity risks to critical
infrastructure, and as appropriate, developing
legislative proposals to resolve such
regulatory gaps.
``(F) Providing a forum for discussion and
analysis of emerging cybersecurity developments
and cybersecurity regulatory issues.
``(5) Principles.--In carrying out the activities
under paragraph (4), the Council shall seek to
harmonize regulations in a way that--
``(A) avoids duplicative, overlapping, overly
burdensome, or conflicting regulatory
requirements that do not effectively or
efficiently serve the interests of national
security, economic security, or public health
and safety;
``(B) is consistent with national cyber
policy and strategy, including the National
Cyber Strategy;
``(C) recognizes and prioritizes the need for
the Cybersecurity and Infrastructure Security
Agency, as the lead coordinator for the
security and resilience of critical
infrastructure across all sectors, to have
visibility regarding cybersecurity threats and
security vulnerabilities across sectors, and
leverages regulatory authorities in a manner
that supports such cross-sector visibility and
coordination, to the extent practicable; and
``(D) recognizes and accounts for the
variation within and among critical
infrastructure sectors with respect to the
level of cybersecurity maturity, the nature of
the infrastructure and assets, resources
available to deploy security measures, and
other factors.
``(6) Leveraging existing coordinating bodies.--The
Council shall, as appropriate in the determination of
the Co-Chairs, carry out its work in coordination with
critical infrastructure stakeholders, including sector
coordinating councils and information sharing and
analysis organizations, and the Cyber Incident
Reporting Council established pursuant to section 2246.
``(7) Congressional oversight.--Not later than one
year after the date of the enactment of this section
and annually thereafter, the Council shall report to
the Committee on Homeland Security of the House of
Representatives, the Committee on Homeland Security and
Government Affairs of the Senate, and other relevant
congressional committees, on the activities of the
Council, including efforts to harmonize regulatory
requirements, and close regulatory gaps, together with
legislative proposals, as appropriate.
``(k) Study on Performance Goals for Systemically Important
Entities.--
``(1) In general.--The Council shall conduct a study
to develop policy options and recommendations regarding
the development of risk-based cybersecurity performance
benchmarks that, if met, would establish a common
minimum level of cybersecurity for systemically
important entities.
``(2) Areas of interest.--The study required under
paragraph (1) shall evaluate how the performance
benchmarks referred to in such paragraph can be--
``(A) flexible, nonprescriptive, risk-based,
and outcome-focused;
``(B) designed to improve resilience and
address cybersecurity threats and security
vulnerabilities while also providing an
appropriate amount of discretion to operators
in deciding which specific technologies or
solutions to deploy;
``(C) applicable and appropriate across
critical infrastructure sectors, but also
adaptable and augmentable to develop tailored,
sector-specific cybersecurity performance
goals; and
``(D) reflective of existing industry best
practices, standards, and guidelines to the
greatest extent possible.
``(l) Definitions.--In this section:
``(1) Systemically important entity.--The term
`systemically important entity' means a critical
infrastructure entity the Secretary has designated as a
systemically important entity pursuant to subsection
(b).
``(2) Director.--The term `Director' means the
Director of the Cybersecurity and Infrastructure
Security Agency.
``(3) Sector risk management agency.--The term
`Sector Risk Management Agency' has the meaning given
such term is section 2201.
``(4) National critical functions.--The term
`national critical functions' means functions of
government or private sector so vital to the United
States that the disruption, corruption, or dysfunction
of such functions would have a debilitating effect on
security, national economic security, national public
health or safety, or any combination thereof.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act is amended by inserting after
the item relating to section 2220C the following new item:
``Sec. 2220D. Procedure for designation of covered systemically
important entities.''.
----------
555. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 13_. SENSE OF CONGRESS REGARDING THE BOYCOTT OF CERTAIN COMPANIES
THAT CONTINUE TO OPERATE IN RUSSIA AND PROVIDE
FINANCIAL BENEFITS TO THE PUTIN REGIME.
(a) Findings.--Congress finds the following:
(1) On February 24, 2022, the Government of Russia,
led by Vladimir Putin, invaded the sovereign country of
Ukraine under the direction of the President of the
Russian Federation Vladimir Putin.
(2) On March 6, 2022, Secretary of State Antony
Blinken stated that the United States has seen credible
reports of Russia engaging in ``deliberate attacks on
civilians, which would constitute a war crime''.
(3) On March 16, 2022, Ukrainian President Zelenskyy
urged ``All American companies must leave Russia . . .
leave their market immediately, because it is flooded
with [Ukrainian] blood''.
(4) In the same speech, President Zelenskyy called on
Congress to lead by pressuring companies ``who finance
the Russian military machine'' and conduct ``business
in Russia'' and to ``make sure that the Russians do not
receive a single penny that they use to destroy people
in Ukraine''.
(5) Jeffrey Sonnenfeld of the Yale School of
Management has compiled a list of some 1,000 companies
which have withdrawn permanently or temporarily from
Russia.
(6) By refusing to reduce, cease, or withdraw
operations in Russia, these companies which have not
withdrawn permanently or temporarily from Russia
contribute to undermining the sanctions imposed by the
United States and its allies that are intended to deter
further Russian aggression.
(7) A number of United States and multinational
companies that do business in Russia do not provide
life-saving or health-related goods and services to the
Russian people and contribute to Putin's ability to
wage war in Ukraine and continue to commit war crimes
by providing revenue for the Russian Government.
(b) Sense of Congress.--Congress--
(1) supports and encourages Americans who choose to
exercise their free speech rights by boycotting
companies that do not provide life-saving or health-
related goods and services to the Russian people yet
continue to operate in Russia;
(2) condemns companies that continue to operate in
Russia and provide financial benefits to the Putin
regime that enable his ability to continue waging war
in Ukraine; and
(3) commends companies that have already suspended
operations in or withdrawn from markets in Russia in
response to the Putin regime's unlawful invasion of
Ukraine.
----------
556. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 13_. REPORT ON ARMS TRAFFICKING IN HAITI.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce and the Attorney
General, shall submit to the appropriate congressional
committees a report on arms trafficking in Haiti.
(b) Matters to Be Included.--The report shall include the
following:
(1) The number and category of United States-origin
weapons in Haiti, including those in possession of the
Haitian National Police or other state authorities and
diverted outside of their control and the number of
United States-origin weapons believed to be illegally
trafficked from the United States since 1991.
(2) The major routes by which illegal arms are
trafficked into Haiti.
(3) The major Haitian seaports, airports, and other
border crossings where illegal arms are trafficked.
(4) An accounting of the ways individuals evade law
enforcement and customs officials.
(5) A description of networks among Haitian
government officials, Haitian customs officials, and
gangs and others illegally involved in arms
trafficking.
(6) Whether any end-use agreements between the United
States and Haiti in the issuance of United States-
origin weapons have been violated.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of
the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on the Judiciary
of the Senate.
----------
557. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. SENSE OF CONGRESS AND STATEMENT OF POLICY ON HAITI.
(a) Findings.--Congress finds the following:
(1) Since 2018, the ruling PHTK has presided over
increasing instability, displacement, and poverty in
Haiti stemming from, among other reasons--
(A) systematic dismantlement of the judicial
system;
(B) a non-functioning parliamentary system;
(C) mass gang violence against civilians and
between gangs resulting in large-scale
massacres;
(D) gang rule of large parts of Haiti; daily
kidnappings for ransom;
(E) widespread sexual violence against women,
girls and marginalized people;
(F) grand corruption;
(G) state violence against protesters;
(H) unsafe conditions for workers;
(I) diminished access to water, food,
healthcare and education; and
(J) unnatural devastation from natural
disasters.
(2) Government-supported violence in Haiti has forced
large numbers of Haitians to flee the country,
including to the United States.
(3) Independent human rights organizations and the
media have documented PHTK collusion with gang activity
through--
(A) the participation of PHTK officials in
gang attacks;
(B) the use of police vehicles in gang
activities; and
(C) systemic refusals by the police to
interfere in gang attacks and the justice
system to prosecute gang members and government
officials credibly accused of participating in
massacres.
(4) In 2021, the United States together with the
international community installed PHTK official Ariel
Henry as the Prime Minister and thus de facto head of
Government of Haiti following the assassination of
President Jovenel Moise.
(b) Sense of Congress.--It is the sense of Congress that the
security, freedom, and well-being of Haitians are intertwined
with that of the people of the United States, and United States
interests are not served by an unstable or unsafe Haiti.
(c) Statement of Policy.--It is the policy of the United
States--
(1) to support a Haitian-led solution to the current
crisis;
(2) that the people of Haiti must be empowered to
choose their leaders and govern Haiti free from foreign
interference; and
(3) to support the sustainable rebuilding and
development of Haiti in a manner that promotes efforts
led and supported by the people and Government of Haiti
at all levels, so that Haitians lead the course of
reconstruction and development of Haiti.
----------
558. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle B of title XIII 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--
(1) by redesignating the second subsection (h)
(relating to the Office of Sanctions Coordination) as
subsection (k); and
(2) by adding at the end the following new
subsection:
``(l) 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.''.
----------
559. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
Add at the end of title LII of division E the following:
SEC. 5206. GAO REVIEW OF DEPARTMENT OF HOMELAND SECURITY EFFORTS
RELATED TO ESTABLISHING SPACE AS A CRITICAL
INFRASTRUCTURE SECTOR.
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, and not later than 18 months after such date
of enactment, submit to the Committee on Homeland Security, the
Committee on Transportation and Infrastructure, and the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Commerce, Science,
and Transportation of the Senate a report on the following:
(1) The actions taken by the Department of Homeland
Security to evaluate the establishment of space as a
critical infrastructure sector, based on the decision-
support framework published in reports required
pursuant to section 9002(b) of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021 (6 U.S.C. 652a(b)).
(2) The status of efforts by the Department of
Homeland Security, if any, to establish space as a
critical infrastructure sector.
(3) The extent to which the current 16 critical
infrastructure sectors, as set forth in PPD21, cover
space systems, services, and technology, and the extent
to which such sectors leave coverage gaps relating to
such space systems, services, and technology.
----------
560. An Amendment To Be Offered by Representative Lieu of California or
His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. 58__. CORRECTIONAL FACILITY DISASTER PREPAREDNESS.
(a) Definitions.--In this section, the term ``major
disaster'' means--
(1) a major disaster declared by the President under
section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170); or
(2) any natural disaster or extreme weather or public
health emergency event that--
(A) would activate the use of any Bureau of
Prisons 18 contingency plans; and
(B) the Bureau of Prisons determines is a
major disaster.
(b) Bureau of Prisons Annual Summary Report of Disaster
Damage.--
(1) In general.--The Director of the Bureau of
Prisons shall submit to the Committee on
Appropriations, the Committee on the Judiciary, and the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Appropriations, the
Committee on the Judiciary, and the Committee on
Homeland Security of the House of Representatives an
annual summary report of disaster damage on the scope
of physical damage from a major disaster in each Bureau
of Prisons facility and its contract prisons impacted
or struck by a major disaster that explains the effects
of the damage on inmates and staff, including--
(A) data on injury and loss of life of
inmates and staff;
(B) access to health and medical care, food,
special dietary needs, drinkable water,
personal protective equipment, and personal
hygiene products;
(C) guidance used to adjudicate early release
or home confinement requests, data on early
release or home confinement approvals, denials,
and justification for denials;
(D) an explanation as to whether using home
confinement or early release was considered;
(E) access to cost-free and uninterrupted
visitation with legal counsel and visitors with
justifications for facility decisions that
resulted in suspended or altered visitations;
(F) access to appropriate accommodations for
inmates with disabilities;
(G) access to educational and work programs;
(H) inmate grievances;
(I) assessment of the cost of the damage to
the facility and estimates for repairs;
(J) the impact on staffing, equipment, and
financial resources; and
(K) other factors relating to the ability of
the Bureau of Prisons and any existing contract
prison to uphold the health, safety, and civil
rights of the correctional population.
(2) Corrective action plan.--The report required
under paragraph (1) shall include agency corrective
actions that the Bureau of Prisons will take to improve
and modernize emergency preparedness plans, as they
relate to natural disasters, extreme weather, and
public health emergencies and a timeline to implement
the corrective action plan.
(3) Recommendations.--The report required under
paragraph (1) shall include specific legislative
recommendations to Congress for improving emergency
preparedness plans within the Bureau of Prisons.
(4) Appointment.--Not later than 90 days after the
enactment of this section, the Director of the Bureau
of Prisons shall appoint an official of the Bureau of
Prisons responsible for carrying out the corrective
action plan.
(c) National Institute of Corrections.--Section 4351 of title
18, United States Code, is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``ten'' and inserting ``13''; and
(B) by adding at the end the following:
``(3) One shall have served a sentence in either a
Federal or State correctional facility or have a
professional background advocating on the behalf of
formerly incarcerated or incarcerated individuals.
``(4) One shall have a background as an emergency
response coordinator that has created an emergency
management accreditation program.
``(5) One shall have an educational and professional
background in public health working with communicable
diseases.''; and
(2) by adding at the end the following:
``(i) Field Hearing.--Not later than 1 year after the date of
enactment of this subsection, the National Institute of
Corrections shall conduct at least one public field hearing on
how correctional facilities can incorporate in their emergency
preparedness plans and recovery efforts--
``(1) inmate access to medical care, food, drinkable
water, personal protective equipment, and personal
hygiene products;
``(2) consideration by staff of using home
confinement or early release;
``(3) inmate access to cost-free and uninterrupted
visitation with legal counsel and visitors with clear
standards for when facilities may suspend or alter
visitations;
``(4) inmate access to appropriate accommodations for
inmates with disabilities;
``(5) use of Federal funding to restore disaster-
damaged correctional facilities; and
``(6) incorporation by staff of risk management best
practices, such as those made available under the
relevant agencies of the Federal Emergency Management
Administration, Department of Health and Human
Services, and the Government Accountability Office to
enhance emergency preparedness plans.''.
----------
561. An Amendment To Be Offered by Representative Lynch of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of title LIV of division E, add the following:
SEC. 54__. STRENGTHENING AWARENESS OF SANCTIONS.
Section 312 of title 31, United States Code, is amended by
adding at the end the following:
``(i) 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 OFAC;
``(ii) recommendations to improve
efficiency and effectiveness of
targeting, compliance, enforcement, and
licensing activities undertaken 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 6003 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.''.
----------
562. An Amendment To Be Offered by Representative Lynch of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of title LIV, add the following:
SEC. 54__. BRIEFING ON CHINESE SUPPORT FOR AFGHAN ILLICIT FINANCE.
(a) Requirement.--Not later than one year after the date of
the enactment of this Act, the Secretary of Treasury shall
brief the Committee on Financial Services and the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Foreign Relations of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate on the financial activities of China and Chinese
entities in connection with the finances of Afghanistan and the
Taliban.
(b) Matters Included.--The briefing under subsection (a)
shall include the following:
(1) An assessment of the activities undertaken by the
People's Republic of China and Chinese-registered
companies to support illicit financial networks in
Afghanistan, particularly such networks involved in
narcotics trafficking, illicit financial transactions,
official corruption, natural resources exploitation,
and terrorist networks.
(2) An assessment of financial, commercial, and
economic activities undertaken by China and Chinese
companies in Afghanistan, including the licit and
illicit extraction of critical minerals, to support
Chinese policies counter to American strategic
interests.
(3) Information relating to the impacts of existing
United States and multilateral laws, regulations, and
sanctions, including environmental and public health
impacts of natural resources exploitation.
(4) Any recommendations to Congress regarding
legislative or regulatory improvements necessary to
support the identification and disruption of Chinese-
supported illicit financial networks in Afghanistan.
----------
563. An Amendment To Be Offered by Representative Mace of South
Carolina or Her Designee, Debatable for 10 Minutes
Page 1348, insert after line 23 the following (and conform
the table of contents accordingly):
SEC. 5806. NONDISCRIMINATION IN FEDERAL HIRING FOR VETERAN MEDICAL
CANNABIS USERS; AUTHORIZED PROVISION OF INFORMATION
ON STATE-APPROVED MARIJUANA PROGRAMS TO VETERANS.
(a) In General.--It shall be unlawful for a ``veteran'', as
defined in title 38, section 101(2) of the United States Code,
to be excluded from employment in the Federal Government solely
because the veteran consumes or has consumed cannabis, as
defined in the Controlled Substances Act, or anywhere in the
United States Code. For the purposes determining if a person is
a veteran under this provision, an other than honorable, bad
conduct, or dishonorable release premised solely on a
nonviolent cannabis charge or conviction shall be construed as
a general discharge.
(b) Authorized Provision of Information.--Notwithstanding the
provisions of the Controlled Substances Act (21 U.S.C. 801 et
seq.) or any other Federal, State, or local law regulating or
prohibiting the provision of information on marijuana, the
Secretary of Veterans Affairs shall authorize physicians and
other health care providers of the Veterans Health
Administration of the Department of Veterans Affairs to provide
to veterans who are residents of States with State-approved
marijuana programs information regarding the participation of
such veterans in such programs and to recommend their
participation in such programs.
(c) Definitions.--In this section:
(1) The term ``information'' includes details such as
informational materials, internet websites, and
relevant contact information for State-approved
marijuana programs.
(2) The term ``marijuana'' has the meaning given the
term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(3) The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, any territory, Federal enclave, or
possession of the United States, and each federally
recognized Indian Tribe.
(4) The term ``nonviolent cannabis charge or
conviction'' shall include any nonviolent offense or
offenses involving marijuana, or tetrahydrocannabinols
and any related nonviolent offenses or convictions that
would not have satisfied all elements of the charged
offense or offenses but for the involvement of these
substances except for any offenses or convictions where
it has been established in court that the individual
was associated with a foreign drug cartel or operating
a motor vehicle under the influence of a drug or
alcohol within the meaning of section 13(b) of title
18,United States Code, n offense of operating or being
in actual physical control of a motor vehicle within
the meaning of title 36, section 4.23 of the Code of
Federal Regulations, or drunken or reckless operation
of vehicle, aircraft or vessel within the meaning of
article 111 of the Uniform Code of Military Justice,
section 911 of title 10, United States Code.
----------
564. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of title LII, insert the following:
SEC. 52__. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY; CISA
COMMERCIAL SATELLITE SYSTEM CYBERSECURITY
CLEARINGHOUSE.
(a) Study.--
(1) In general.--The Comptroller General of the
United States shall conduct a study on the actions the
Federal Government has taken to support the
cybersecurity of commercial satellite systems,
including as part of any action to address the
cybersecurity of critical infrastructure sectors.
(2) Report.--Not later than two years after the date
of the enactment of this Act, the Comptroller General
of the United States shall submit to the appropriate
congressional committees a report on the study
conducted under paragraph (1), which shall include
information on--
(A) efforts of the Federal Government to
address or improve the cybersecurity of
commercial satellite systems and support
related efforts with international entities or
the private sector;
(B) the resources made available to the
public by Federal agencies to address
cybersecurity risks and cybersecurity threats
to commercial satellite systems;
(C) the extent to which commercial satellite
systems and the cybersecurity threats to such
systems are integrated into critical
infrastructure risk analyses and protection
plans of the Department of Homeland Security;
and
(D) the extent to which Federal agencies
coordinate or duplicate authorities and take
other actions focused on the cybersecurity of
commercial satellite systems.
(3) Consultation.--In carrying out paragraphs (1) and
(2), the Comptroller General of the United States shall
coordinate with appropriate Federal agencies and
organizations, including--
(A) the Department of Homeland Security;
(B) the Department of Commerce;
(C) the Department of Defense;
(D) the Department of Transportation;
(E) the Department of State;
(F) the Federal Communications Commission;
(G) the National Aeronautics and Space
Administration;
(H) the National Executive Committee for
Space-Based Positioning, Navigation, and
Timing; and
(I) the National Space Council.
(4) Briefing.--Not later than two years after the
date of the enactment of this Act, the Comptroller
General of the United States shall provide to the
appropriate congressional committees a briefing
relating to carrying out paragraphs (1) and (2).
(5) Classification.--The report under paragraph (2)
shall be submitted in unclassified form, but may
include a classified annex.
(b) CISA Commercial Satellite System Cybersecurity
Clearinghouse.--
(1) Establishment.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
the Director shall establish a commercial
satellite system cybersecurity clearinghouse.
(B) Requirements.--The clearinghouse shall--
(i) be publicly available online;
(ii) contain current, relevant, and
publicly available commercial satellite
system cybersecurity resources,
including the recommendations
consolidated under paragraph (2), and
any other appropriate materials for
reference by entities that develop
commercial satellite systems; and
(iii) include materials specifically
aimed at assisting small business
concerns with the secure development,
operation, and maintenance of
commercial satellite systems.
(C) Existing platform or website.--The
Director may establish the clearinghouse on an
online platform or a website that is in
existence as of the date of the enactment of
this Act.
(2) Consolidation of commercial satellite system
cybersecurity recommendations.--
(A) In general.--The Director shall
consolidate voluntary cybersecurity
recommendations designed to assist in the
development, maintenance, and operation of
commercial satellite systems.
(B) Requirements.--The recommendations
consolidated under subparagraph (A) shall
include, to the greatest extent practicable,
materials addressing the following:
(i) Risk-based, cybersecurity-
informed engineering, including
continuous monitoring and resiliency.
(ii) Planning for retention or
recovery of positive control of
commercial satellite systems in the
event of a cybersecurity incident.
(iii) Protection against unauthorized
access to vital commercial satellite
system functions.
(iv) Physical protection measures
designed to reduce the vulnerabilities
of a commercial satellite system's
command, control, or telemetry receiver
systems.
(v) Protection against jamming or
spoofing.
(vi) Security against threats
throughout a commercial satellite
system's mission lifetime.
(vii) Management of supply chain
risks that affect the cybersecurity of
commercial satellite systems.
(viii) As appropriate, and as
applicable pursuant to the requirement
under paragraph (1)(b)(ii) (relating to
the clearinghouse containing current,
relevant, and publicly available
commercial satellite system
cybersecurity resources), the findings
and recommendations from the study
conducted by the Comptroller General of
the United States under subsection
(a)(1).
(ix) Risks of a strategic competitor
becoming dominant in the commercial
satellite sector.
(x) Any other recommendations to
ensure the confidentiality,
availability, and integrity of data
residing on or in transit through
commercial satellite systems.
(3) Implementation.--In implementing this subsection,
the Director shall--
(A) to the extent practicable, carry out such
implementation as a public-private partnership;
(B) coordinate with the heads of appropriate
Federal agencies with expertise and experience
in satellite operations, including the entities
described in subsection (a)(3);
(C) consult with non-Federal entities
developing commercial satellite systems or
otherwise supporting the cybersecurity of
commercial satellite systems, including
private, consensus organizations that develop
relevant standards; and
(D) consider entering into an agreement with
a non-Federal organization to manage and
operate the clearinghouse.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security, the
Committee on Space, Science, and Technology,
the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Energy
and Commerce of the House of Representatives;
and
(B) the Committee on Homeland Security and
Governmental Affairs, the Committee on Armed
Services, the Committee on Foreign Relations,
and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``clearinghouse'' means the commercial
satellite system cybersecurity clearinghouse required
to be developed and maintained under subsection (b)(1).
(3) The term ``commercial satellite system'' means a
system of one or more satellites and any ground support
infrastructure, and all transmission links among and
between them that is owned, or operated by a non-
Federal United States entity.
(4) The term ``critical infrastructure'' has the
meaning given such term in section 1016(e) of Public
Law 107-56 (42 U.S.C. 5195c(e)).
(5) The term ``cybersecurity risk'' has the meaning
given such term in section 2209 of the Homeland
Security Act of 2002 (6 U.S.C. 659).
(6) 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).
(7) The term ``Director'' means the Director of the
Cybersecurity and Infrastructure Security Agency.
(8) The term ``small business concern'' has the
meaning given the term in section 3 of the Small
Business Act (15 U.S.C. 632).
----------
565. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. _. 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.
----------
566. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 5806. 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'' and ``Letter dated 24 May 2022 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.
(2) Corporate facilitators of arms embargo
violations.
(3) Aircraft operators.
(4) Mercenary recruiters and facilitators.
(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.
----------
567. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. MODIFICATION OF PRIOR NOTIFICATION OF SHIPMENT OF ARMS.
Subsection (i) of section 36 of the Arms Export Control Act
(22 U.S.C. 2776) is amended to read as follows:
``(i) Prior Notification of Shipment of Arms.--At least 30
days prior to the initial and final shipment of a sale of
defense articles subject to the requirements of subsection (b),
the President shall provide notification of such pending
shipment, in unclassified form, with a classified annex as
necessary, to the Chairperson and Ranking Member of the
Committee on Foreign Relations of the Senate and the
Chairperson and Ranking Member of the Committee on Foreign
Affairs of the House of Representatives.''.
----------
568. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. STUDY AND REPORT ON FEASABILITY OF SUSPENSION OF MERGERS,
ACQUISITIONS, AND TAKEOVERS OF CERTAIN FOREIGN
SURVEILLANCE COMPANIES.
(a) In General.--The Secretary of Commerce, in consultation
with the Secretary of the Treasury, the Secretary of State, the
Secretary of Defense, the Director of National Intelligence,
and the heads of other relevant agencies, shall--
(1) study the feasibility of using existing
authorities to implement a suspension of any merger,
acquisition, or takeover that would result in control,
including full or partial ownership of some or all
assets, of a covered foreign entity described in
subsection (c) by a United States person; and
(2) submit to the appropriate congressional
committees a report on the results of such study.
(b) Matters to Be Included.--The study and report required by
subsection (a) shall include the following:
(1) An assessment of whether the President or
Executive branch agencies have the authority to
implement a suspension as described in subsection (a)
and what additional authorities would be required if
needed.
(2) An assessment of whether the President or
Executive branch agencies could lift a suspension only
if a determination is made that the merger,
acquisition, or takeover described in subsection (a)--
(A) does not pose a significant
counterintelligence or national security risk
to the United States or United States treaty
allies, including an undue risk of subversion
of the United States intelligence community or
United States national security interests
through the design, integrity, manufacturing,
production, distribution, installation,
operation, or maintenance of targeted digital
surveillance technologies;
(B) does not seek or intend to evade or
circumvent United States export control laws,
including through a transaction, transfer,
agreement or arrangement intended or designed
to limit exposure to United States export
controls; or
(C) does not affect any existing contracts
between the United States Government and the
United States person.
(c) Covered Foreign Entity Described.--A covered foreign
entity described in this subsection is an entity, including a
subsidiary or affiliate of the entity, that--
(1) is organized under the laws of or having its
principal place of business in a foreign country;
(2) develops, sells, or otherwise controls
proprietary technology, including non-sensitive
technologies, related to targeted digital surveillance
capabilities; and
(3) is included on the list maintained by the Bureau
of Industry and Security of the Department of Commerce
and set forth in Supplement No. 4 to part 744 of title
15, Code of Federal Regulations.
(d) Definitions.--In this section:
(1) Control.--The term ``control''' means the power,
direct or indirect, whether exercised or not exercised,
to determine, direct, or decide important matters
affecting an entity, subject to regulations prescribed
by the Secretary of Commerce.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).
(3) Targeted digital surveillance.--The term
``targeted digital surveillance'' means the use of
items or services that enable an individual or entity
(with or without the knowing authorization of the
product's owner) to detect, monitor, intercept,
collect, exploit, preserve, protect, transmit, retain,
or otherwise gain access to the communications,
sensitive or protected information, work product,
browsing data, research, identifying information,
location history, and online and offline activities of
other individuals, organizations, or entities.
(4) 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 of the
United States, including a foreign branch of
such an entity.
----------
569. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. REPORT ON POLITICAL PRISONERS IN EGYPT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence, shall
submit to the appropriate congressional committees a report on
the status of political prisoners in Egypt.
(b) Matters to Be Included.--The report required by
subsection (a) shall include a detailed assessment of how many
individuals are detained, imprisoned, or the victim of an
enforced disappearance in Egypt, including individuals who--
(1) are human rights defenders;
(2) are detained, imprisoned, or otherwise physically
restricted because of their political, religious, other
conscientiously-held beliefs, or their identity;
(3) are prisoners who are arbitrarily detained;
(4) are victims of enforced disappearance or are
reasonably suspected of being detained or imprisoned in
a secret location; or
(5) have been subject to torture or other gross
violations of human rights while detained or
imprisoned.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but portions of the report
described in subsection (b) may contain a classified annex, so
long as such annex is provided separately from the unclassified
report.
----------
570. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. ___. ATTORNEY GENERAL AUTHORITY TO TRANSFER FORFEITED RUSSIAN
ASSETS TO ASSIST UKRAINE.
(a) Authorization.--Subject to appropriations for such
purpose, the Attorney General may transfer to the Secretary of
State the proceeds of any covered forfeited property for use by
the Secretary of State to provide assistance to Ukraine to
remediate the harms of Russian aggression towards Ukraine. Any
such transfer shall be considered foreign assistance under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(b) Report.--The Attorney General, in consultation with the
Secretary of the Treasury and the Secretary of State, shall
provide a semiannual report to the appropriate congressional
committees on any transfers made pursuant to subsection (a).
(c) Definitions.--In this section:
(1) The term ``covered forfeited property'' means
property seized by the Department of Justice under
chapter 46 or section 1963 of title 18, United States
Code, which property belonged to or was possessed by a
person subject to sanctions and designated by the
Secretary of Treasury or the Secretary of State,
pursuant to Executive Order 14024, and as expanded by
Executive Order 14066 of March 8, 2022, and relied on
for additional steps taken in Executive Order 14039 of
August 20, 2021, and Executive Order 14068 of March 11,
2022.
(2) The term ``appropriate congressional committees''
means--
(A) the Committees on the Judiciary of the
House of Representatives and of the Senate;
(B) the Committee on Foreign Affairs of the
House of Representatives and the Committee on
Foreign Relations of the Senate;
(C) the Committee on Financial Services of
the House of Representatives and the Committee
on Finance of the Senate; and
(D) the Committees on Appropriations of the
House of Representatives and of the Senate.
(d) Sunset.--The authority under this section shall apply to
any covered forfeited property seized on or before the date of
the enactment of this Act and on or before May 1, 2025.
----------
571. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. REMOVING RUSSIAN ROUGH DIAMONDS FROM GLOBAL MARKETS.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State, in coordination with the Secretary of the
Treasury and the heads of all other relevant interagency
partners, should instruct the United States representatives at
each international institution as follows:
(1) To use the voice and vote of the United States to
expel Russia from the Kimberley Process to ensure that
Russian source and origin rough diamonds are not used
to finance Russia's war in Ukraine or to circumvent
United States sanctions.
(2) To engage the current chair of the Kimberley
Process to ensure that Russia's exclusion from the
process is brought to a formal decision in a timely
manner.
(3) To use the role of the United States in the
Working Group on Monitoring in the Kimberley Process to
ensure that Kimberley Process compliance obligations
include assessments on tractability and provenance of
potential Russian diamonds moving through a particular
country's compliance system.
(4) To work with other participants in the Kimberley
Process, including partner countries that provide
avenues for sanctioned Russian oligarchs to protect
their wealth, to develop a coordinated policy with
respect to ensuring Russian rough diamonds, precious
metals, or other assets are not used to circumvent
United States sanctions on Russian oligarchs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the Secretary of Treasury and the Department of Homeland
Security, shall submit to the appropriate congressional
committees a report on the implementation of United States
sanctions of Russian diamond companies that includes the
following:
(1) An assessment on how specific countries are
implementing sanctions imposed with respect to the
Russian state-owned enterprise Alrosa and other
sanctioned Russian diamond companies, including in
particular the countries that--
(A) receive security assistance from the
United States authorized under title 10, United
States Code, or under the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.); and
(B) have signed a collective defense
arrangement with the United States.
(2) A list of which countries wealthy Russian
oligarchs, sanctioned or otherwise, have emigrated to
following the outbreak of the war in Ukraine.
(3) An assessment on how implementation and
enforcement of the sanctions imposed with respect to
Alrosa can be strengthened, including through
mechanisms for traceability.
(c) Resources.--In completing the report required by
subsection (b), the relevant departments shall directly engage
with key industry associations and members, including grading
laboratories, on matters of technical importance, including
traceability and provenance.
----------
572. 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 XIII, add the following:
SEC. 13_. TRANSFER OF EXCESS OLIVER HAZARD PERRY CLASS GUIDED MISSILE
FRIGATES TO EGYPT.
(a) In General.--The President is authorized to transfer to
the Government of Egypt the OLIVER HAZARD PERRY class guided
missile frigates ex-USS CARR (FFG-52) and ex-USS ELROD (FFG-55)
on a grant basis under section 516 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j) on or after the date on which the
President submits to the appropriate congressional committees a
certification described in subsection (b).
(b) Certification.--The certification described in this
subsection is a certification of the President of the
following:
(1) The President has received reliable assurances
that the Government of Egypt and any Egyptian state-
owned enterprises--
(A) are not knowingly engaged in any activity
subject to sanctions under the Countering
America's Adversaries Through Sanctions Act,
including an activity related to Russian Su-35
warplanes or other advanced military
technologies; and
(B) will not knowingly engage in activity
subject to sanctions under the Countering
America's Adversaries Through Sanctions Act in
the future.
(2) The Egyptian crews participating in training
related to and involved in the operation of the vessels
transferred under this section are subject to the
requirements of section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d), section 362 of title 10,
United States Code, and other relevant human rights
vetting to ensure United States-funded assistance
related to the transfer of the vessels under this
section are not provided to Egyptian security forces
that have committee gross violations of internationally
recognized human rights or other documented human
rights abuses.
(3) The Government of Egypt is no longer unlawfully
or wrongfully detaining United States nationals or
lawful permanent residents, based on criteria which may
include--
(A) the detained individual has presented
credible information of factual innocence to
United States officials;
(B) information exists that the individual is
detained solely or substantially because he or
she is a citizen or national of the United
States;
(C) information exists that the individual is
being detained in violation of internationally
protected rights and freedoms, such as freedom
of expression, association, assembly, and
religion;
(D) the individual is being detained in
violation of the laws of the detaining country;
(E) independent nongovernmental organizations
or journalists have raised legitimate questions
about the innocence of the detained individual;
(F) the United States embassy in the country
where the individual is detained has received
credible reports that the detention is a
pretext;
(G) police reports show evidence of the lack
of a credible investigation;
(H) the individual is detained in a country
where the Department of State has determined in
its annual human rights reports that the
judicial system is not independent or
impartial, is susceptible to corruption, or is
incapable of rendering just verdicts;
(I) the individual is detained in inhumane
conditions; and
(J) the international right to due process of
law has been sufficiently impaired so as to
render the detention arbitrary.
(c) Violations.--The President may not transfer a vessel
under this section unless the Government of Egypt agrees that
if any of the conditions described in subsection (b) are
violated after the transfer of the vessel, the Government of
Egypt will re-transfer the vessel to the United States at the
sole cost to the Government of Egypt, without using United
States funds, including United States foreign military
assistance funds.
(d) Grants Not Counted in Annual Total of Transferred Excess
Defense Articles.--The value of a vessel transferred to the
Government of Egypt under this section shall not be counted
against the aggregate value of excess defense articles
transferred in any fiscal year under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j).
(e) Costs of Transfers.--Any expense incurred by the United
States in connection with the transfer of a vessel under this
section shall be charged to the Government of Egypt
notwithstanding section 516(e) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321j(e)).
(f) Repair and Refurbishment in United States Shipyards.--To
the maximum extent practicable, the President shall require, as
a condition of the transfer of a vessel under this section,
that the Government of Egypt have such repair or refurbishment
of the vessel as is needed, before the vessel joins the naval
forces of Egypt, performed at a shipyard located in the United
States, including a United States Navy shipyard.
(g) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the three-
year period beginning on the date of the enactment of this Act.
(h) Required Report.--
(1) In general.--Not later than 60 days before the
transfer of a vessel under this section, the President
shall submit to the appropriate congressional
committees a report describing the following:
(A) The specific operational activities and
objectives intended for the vessel upon receipt
by the Government of Egypt.
(B) A detailed description of how the
transfer of the vessel will help to alleviate
United States mission requirements in the Bab
el Mandeb and the Red Sea.
(C) A detailed description of how the
transfer of the vessel will complement Combined
Maritime Forces (CMF) mission goals and
activities, including those of Combined Task
Forces 150, 151, 152, and 153.
(D) A detailed description of incidents of
arbitrary detention, violence, and state-
sanctioned harassment in the past 5 years by
the Government of Egypt against United States
citizens, individuals in the United States, and
their family members who are not United States
citizens, in both Egypt and in the United
States, and a determination of whether such
incidents constitute a pattern of acts of
intimidation or harassment.
(E) A description of policy efforts to ensure
that United States security assistance programs
with Egypt are formulated in a manner that will
``avoid identification of the United States,
through such programs, with governments which
deny to their people internationally recognized
human rights and fundamental freedoms'' in
accordance with section 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2304).
(2) Form.--The report required by this subsection
shall be provided in unclassified form, but may include
a separate classified annex.
(i) 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.
----------
573. 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 XII the following:
SEC. 12__. REPORT ON ASSISTING IRANIAN DISSIDENTS AND PEOPLE ACCESS
TELECOMMUNICATIONS TOOLS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of the Treasury and the heads
of other relevant Federal agencies, shall submit to Committee
on Foreign Affairs and the Committee on Financial Services of
the House of Representatives and the Committee on Foreign
Relations and the Committee on Banking of the Senate a report
that includes the matters described in subsection (b).
(b) Matters Described.--The matters described in this
subsection are the following:
(1) An assessment of the Iranian Government's ability
to impose internet shutdowns, censor the internet, and
track Iranian dissidents, labor organizers, political
activists, or human rights defenders inside Iran
through targeted digital surveillance or other digital
means.
(2) A list of technologies, including hardware,
software, and services incident to personal
communications, including set-top boxes (STB),
satellites, and web developer tools, that would
encourage the free flow of information to better enable
the Iranian people to communicate with each other and
the outside world.
(3) An assessment on whether existing United States
policy impedes the ability of Iranians to circumvent
the Iranian Government's attempt to securitize access
to the internet and block access to the internet at
times of civil unrest.
(4) A review of the legal exemptions that authorize
access to information technology and how such
exemptions or any accompanying general licenses may be
altered to mitigate any hindrances imposed on Iranian
dissidents and activists inside Iran.
(5) An assessment of whether further exemptions or
alterations to existing exemptions and general licenses
are necessary to support Iranian citizens' access to
the internet and to assist their efforts to circumvent
internet shutdowns and targeted digital surveillance
from the Iranian Government.
(c) Form.--The report required pursuant to subsection (a)
shall be submitted in unclassified form but may include a
classified annex if such annex is provided separately from such
unclassified version.
(d) Definition.--In this section, the term ``targeted digital
surveillance'' means the use of items or services that enable
an individual or entity (with or without the knowing
authorization of the product's owner) to detect, monitor,
intercept, collect, exploit, preserve, protect, transmit,
retain, or otherwise gain access to the communications,
sensitive or protected information, work product, browsing
data, research, identifying information, location history, and
online and offline activities of other individuals,
organizations, or entities.
----------
574. An Amendment To Be Offered by Representative Malinowski of New
Jersey or His Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __ LIU XIAOBO FUND FOR STUDY OF THE CHINESE LANGUAGE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) as a substitute to Confucius Institutes, the
United States Government should invest heavily into
alternative programs and institutions that ensure there
remains a robust pipeline of Americans learning China's
many languages; and
(2) in a 21st century that will be dominated by a
strategic competition between the United States and
China, it is in the national security interests of the
United States to ensure that Americans continue to
invest in Chinese language skills, as well as Tibetan,
Uyghur, and Mongolian languages, while ensuring they
can do so in a context free of malign political
influence from foreign state actors.
(b) Establishment of the Liu Xiaobo Fund for Study of the
Chinese Language.--The Secretary of State shall establish in
the Department of State the ``Liu Xiaobo Fund for Study of the
Chinese Language'' to fund study by United States persons of
Mandarin and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and
other contemporary spoken languages of China, abroad or in the
United States.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to the Department of State for fiscal year 2021
and every fiscal year thereafter, $10,000,000 to carry out the
Liu Xiaobo Fund for Study of the Chinese Language.
(d) Required Activities.--Amounts authorized to be
appropriated pursuant to subsection (c) shall--
(1) be designed to advance the national security and
foreign policy interests of the United States, as
determined by the Secretary of State;
(2) favor funding mechanisms that can maximize the
total number of United States persons given the
opportunity to acquire full conversational linguistic
proficiency in Mandarin and Cantonese Chinese, Tibetan,
Uyghur, Mongolian, and other contemporary spoken
languages of China;
(3) favor funding mechanisms that provide
opportunities for such language study to areas
traditionally under-served by such opportunities;
(4) be shaped by an ongoing consultative process
taking into account design inputs of--
(A) civil society institutions, including
Chinese diaspora community organizations;
(B) language experts in Mandarin and
Cantonese Chinese, Tibetan, Uyghur, Mongolian,
and other contemporary spoken languages of
China;
(C) organizations representing historically
disadvantaged socioeconomic groups in the
United States; and
(D) human rights organizations; and
(5) favor opportunities to fund the study of Mandarin
and Cantonese Chinese, Tibetan, Uyghur, Mongolian, and
other contemporary spoken languages of China at Alaska
Native-serving institutions, Asian American and Native
American Pacific Islander-serving institutions,
Hispanic-serving institutions, historically Black
college or universities, Native American-serving
nontribal institutions, Native Hawaiian-serving
institutions, Predominantly Black institutions, Tribal
Colleges or Universities.
(e) Report.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act and annually
thereafter for five years, the Secretary of State, in
consultation with the heads of appropriate Federal
departments and agencies, as appropriate, shall submit
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate a report detailing activities and
disbursements made to carry out this Act over the
immediately preceding academic year.
(2) Report contents.--Each report required under
paragraph (1) shall include details on--
(A) which institutions, programs, or entities
received funds through the Liu Xiaobo Fund for
Study of the Chinese Language;
(B) funds distribution disaggregated by
institution, program, or entity, including
identification of the State or country in which
such institution, program, or entity is
located;
(C) the number of United States persons who
received language study under the Liu Xiaobo
Fund for Study of the Chinese Language, and the
average amount disbursed per person for such
study;
(D) a comparative analysis of per dollar
program effectiveness and efficiency in
allowing United States persons to reach
conversational proficiency Mandarin or
Cantonese Chinese, Tibetan, Uyghur, Mongolian,
or other contemporary spoken languages of
China;
(E) an analysis of which of the languages
referred to in subparagraph (D) were studied
through the funding from the Liu Xiaobo Fund
for Study of the Chinese Language; and
(F) any recommendations of the Secretary of
State for improvements to the authorities,
priorities, or management of the Liu Xiaobo
Fund for Study of the Chinese Language.
(f) Interagency Funds Transfers Authorization.--Amounts
authorized to be appropriated to the Secretary of State to
carry out this Act are authorized to be transferred to the
heads of other appropriate Federal departments and agencies for
similar purposes, subject to prior notification to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate. Such
heads shall consult with the Secretary in the preparation of
the report required under subsection (e).
(g) Limitations.--Amounts authorized to be appropriated to
carry out this Act may only be made available for the costs of
language study funded and administration incurred by the
Department of State or programs carried out by the Department
of State (or by another Federal department or agency pursuant
to subsection (f)) to carry out this section.
(h) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated for Operations and Maintenance, Defense-Wide, as
specified in the corresponding funding table in section 4301,
is hereby reduced by $10,000,000.
(i) Definitions.--In this section:
(1) The term ``Alaska Native-serving institution''
has the meaning given such term in section 317(b) of
the Higher Education Act of 1965 (20 U.S.C. 1059d(b))
(2) The term ``Asian American and Native American
Pacific Islander-serving institution'' has the meaning
given such term in section 371(c) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(c)).
(3) The term ``Hispanic-serving institution'' has the
meaning given such term in section 502 of the Higher
Education Act of 1965 (20 U.S.C. 1101a).
(4) The term ``historically Black college or
university'' means a part B institution described in
section 322(2) of the Higher Education Act of 1965 (22
U.S.C. 1061(2)).
(5) The term ``Native American-serving nontribal
institution'' has the meaning given such term in
section 371(c) of the Higher Education Act of 1965 (20
U.S.C. 1067q(c)).
(6) The term ``Native Hawaiian-serving institution''
has the meaning given such term in section 317(b) of
the Higher Education Act of 1965 (20 U.S.C. 1059d(b)).
(7) The term ``Predominantly Black institution'' has
the meaning given such term in section 371(c) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(c)).
(8) The term ``Tribal College or University'' has the
meaning given such term in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)).
----------
575. An Amendment To Be Offered by Representative Maloney of New York
or Her Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, insert the
following:
SEC. 5806. ACCESS FOR VETERANS TO RECORDS.
(a) Plan to Eliminate Records Backlog at the National
Personnel Records Center.--
(1) Plan required.--Not later than 60 days after the
date of the enactment of this Act, the Archivist of the
United States shall submit to the appropriate
congressional committees a comprehensive plan for
reducing the backlog of requests for records from the
National Personnel Records Center and improving the
efficiency and responsiveness of operations at the
National Personnel Records Center, that includes, at a
minimum, the following:
(A) An estimate of the number of backlogged
record requests for veterans.
(B) Target timeframes to reduce the backlog.
(C) A detailed plan for using existing funds
to improve the information technology
infrastructure, including secure access to
appropriate agency Federal records, to prevent
future backlogs.
(D) Actions to improve customer service for
requesters.
(E) Measurable goals with respect to the
comprehensive plan and metrics for tracking
progress toward such goals.
(F) Strategies to prevent future record
request backlogs, including backlogs caused by
an event that prevents employees of the Center
from reporting to work in person.
(2) Updates.--Not later than 90 days after the date
on which the comprehensive plan is submitted under
paragraph (1), and biannually thereafter until the
response rate by the National Personnel Records Center
reaches 90 percent of all requests in 20 days or less,
not including any request involving a record damaged or
lost in the National Personnel Records Center fire of
1973 or any request that is subject to a fee that has
not been paid in a timely manner by the requestor
(provided the National Personnel Records Center issues
an invoice within 20 days after the date on which the
request is made), the Archivist of the United States
shall submit to the appropriate congressional
committees an update of such plan that--
(A) describes progress made by the National
Personnel Records Center during the preceding
90-day period with respect to record request
backlog reduction and efficiency and
responsiveness improvement;
(B) provides data on progress made toward the
goals identified in the comprehensive plan; and
(C) describes any changes made to the
comprehensive plan.
(3) Consultation requirement.--In carrying out
paragraphs (1) and (2), the Archivist of the United
States shall consult with the Secretary of Veterans
Affairs.
(4) Appropriate congressional committees defined.--In
this section, the term ``appropriate congressional
committees'' means--
(A) the Committee on Oversight and Reform and
the Committee on Veterans' Affairs of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Veterans' Affairs of the Senate.
(b) Additional Funding to Address Records Backlog.--
(1) Authorization of appropriations.--In addition to
amounts otherwise available, there is authorized to be
appropriated to the National Archives and Records
Administration, $60,000,000 to address backlogs in
responding to requests from veterans for military
personnel records, improve cybersecurity, improve
digital preservation and access to archival Federal
records, and address backlogs in requests made under
section 552 of title 5, United States Code (commonly
referred to as the Freedom of Information Act). Such
amounts may also be used for the Federal Records Center
Program.
(2) Requirement to maintain in-person staffing
levels.--Not later than 30 days after the date of the
enactment of this Act, the Archivist of the United
States shall ensure that the National Personnel Records
Center maintains staffing levels and telework
arrangements that enable the maximum processing of
records requests possible in order to achieve the
performance goal of responding to 90 percent of all
requests in 20 days or less, not including any request
involving a record damaged or lost in the National
Personnel Records Center fire of 1973 or any request
that is subject to a fee that has not been paid in a
timely manner by the requestor (provided the National
Personnel Records Center issues an invoice within 20
days after the date on which the request is made).
(3) Inspector general reporting.--The Inspector
General for the National Archives and Records
Administration shall, for two years following the date
of the enactment of this Act, include in every
semiannual report submitted to Congress pursuant to the
Inspector General Act of 1978, a detailed summary of--
(A) efforts taken by the National Archives
and Records Administration to address the
backlog of records requests at the National
Personnel Records Center; and
(B) any recommendations for action proposed
by the Inspector General related to reducing
the backlog of records requests at the National
Personnel Records Center and the status of
compliance with those recommendations by the
National Archives and Records Administration.
----------
576. An Amendment To Be Offered by Representative Maloney of New York
or Her Designee, Debatable for 10 Minutes
Add at the end the following:
DIVISION F--FINANCIAL TRANSPARENCY
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Financial
Transparency Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
DIVISION F--FINANCIAL TRANSPARENCY
Sec. 1. Short title; table of contents.
Sec. 2. Deeming.
TITLE I--DEPARTMENT OF THE TREASURY
Sec. 101. Data standards.
Sec. 102. Open data publication by the Department of the Treasury.
Sec. 103. Rulemaking.
Sec. 104. No new disclosure requirements.
Sec. 105. Report.
TITLE II--SECURITIES AND EXCHANGE COMMISSION
Sec. 201. Data standards requirements for the Securities and Exchange
Commission.
Sec. 202. Open data publication by the Securities and Exchange
Commission.
Sec. 203. Data transparency at the Municipal Securities Rulemaking
Board.
Sec. 204. Data transparency at national securities associations.
Sec. 205. Shorter-term burden reduction and disclosure simplification at
the Securities and Exchange Commission; sunset.
Sec. 206. No new disclosure requirements.
TITLE III--FEDERAL DEPOSIT INSURANCE CORPORATION
Sec. 301. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 302. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 303. Rulemaking.
Sec. 304. No new disclosure requirements.
TITLE IV--OFFICE OF THE COMPTROLLER OF THE CURRENCY
Sec. 401. Data standards and open data publication requirements for the
Office of the Comptroller of the Currency.
Sec. 402. Rulemaking.
Sec. 403. No new disclosure requirements.
TITLE V--BUREAU OF CONSUMER FINANCIAL PROTECTION
Sec. 501. Data standards and open data publication requirements for the
Bureau of Consumer Financial Protection.
Sec. 502. Rulemaking.
Sec. 503. No new disclosure requirements.
TITLE VI--FEDERAL RESERVE SYSTEM
Sec. 601. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 602. Open data publication by the Board of Governors of the Federal
Reserve System.
Sec. 603. Rulemaking.
Sec. 604. No new disclosure requirements.
TITLE VII--NATIONAL CREDIT UNION ADMINISTRATION
Sec. 701. Data standards.
Sec. 702. Open data publication by the National Credit Union
Administration.
Sec. 703. Rulemaking.
Sec. 704. No new disclosure requirements.
TITLE VIII--FEDERAL HOUSING FINANCE AGENCY
Sec. 801. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 802. Open data publication by the Federal Housing Finance Agency.
Sec. 803. Rulemaking.
Sec. 804. No new disclosure requirements.
TITLE IX--MISCELLANEOUS
Sec. 901. Rules of construction.
Sec. 902. Classified and protected information.
Sec. 903. Discretionary surplus fund.
SEC. 2. DEEMING.
Any reference in this division to ``this Act'' shall be
deemed a reference to ``this division''.
TITLE I--DEPARTMENT OF THE TREASURY
SEC. 101. DATA STANDARDS.
(a) In General.--Subtitle A of title I of the Financial
Stability Act of 2010 (12 U.S.C. 5311 et seq.) is amended by
adding at the end the following:
``SEC. 124. DATA STANDARDS.
``(a) In General.--The Secretary of the Treasury shall, by
rule, promulgate data standards, meaning a standard that
specifies rules by which data is described and recorded, for
the information reported to member agencies by financial
entities under the jurisdiction of the member agency and the
data collected from member agencies on behalf of the Council.
``(b) Standardization.--Member agencies, in consultation with
the Secretary of the Treasury, shall implement regulations
promulgated by the Secretary of the Treasury under subsection
(a) to standardize data reported to member agencies or
collected on behalf of the Council, as described under
subsection (a).
``(c) Data Standards.--
``(1) Common identifiers.--The data standards
promulgated under subsection (a) shall include common
identifiers for information reported to member agencies
or collected on behalf of the Council. The common
identifiers shall include a common nonproprietary legal
entity identifier that is available under an open
license (as defined under section 3502 of title 44,
United States Code) for all entities required to report
to member agencies.
``(2) Data standard.--The data standards promulgated
under subsection (a) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license;
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Consultation.--In promulgating data standards
under subsection (a), the Secretary of the Treasury
shall consult with the member agencies and with other
Federal departments and agencies and multi-agency
initiatives responsible for Federal data standards.
``(4) Interoperability of data.--In promulgating data
standards under subsection (a), the Secretary of the
Treasury shall seek to promote interoperability of
financial regulatory data across members of the
Council.
``(d) Member Agencies Defined.--In this section, the term
`member agencies' does not include the Commodity Futures
Trading Commission.''.
(b) Clerical Amendment.--The table of contents under section
1(b) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act is amended by inserting after the item relating
to section 123 the following:
``Sec. 124. Data standards.''.
SEC. 102. OPEN DATA PUBLICATION BY THE DEPARTMENT OF THE TREASURY.
Section 124 of the Financial Stability Act of 2010, as added
by section 101, is amended by adding at the end the following:
``(e) Open Data Publication.--All public information
published by the Secretary of the Treasury under this subtitle
shall be made available as an open Government data asset (as
defined under section 3502 of title 44, United States Code),
freely available for download in bulk, and rendered in a human-
readable format and accessible via application programming
interface where appropriate.''.
SEC. 103. RULEMAKING.
Not later than the end of the 2-year period beginning on the
date of the enactment of this Act, the Secretary of the
Treasury shall issue the regulations required under the
amendments made by this title. The Secretary may delegate the
functions required under the amendments made by this title to
an appropriate office within the Department of the Treasury.
SEC. 104. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title
shall be construed to require the Secretary of the Treasury to
collect or make publicly available additional information under
the statutes amended by this title, beyond information that was
collected or made publicly available under such statutes before
the date of the enactment of this Act.
SEC. 105. REPORT.
Not later than 1 year after the end of the 2-year period
described in section 103, the Comptroller General of the United
States shall submit to Congress a report on the feasibility,
costs, and potential benefits of building upon the taxonomy
established by this Act to arrive at a Federal Government-wide
regulatory compliance standardization mechanism similar to
Standard Business Reporting.
TITLE II--SECURITIES AND EXCHANGE COMMISSION
SEC. 201. DATA STANDARDS REQUIREMENTS FOR THE SECURITIES AND EXCHANGE
COMMISSION.
(a) Data Standards for Investment Advisers' Reports Under the
Investment Advisers Act of 1940.--Section 204 of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-4) is amended--
(1) by redesignating the second subsection (d)
(relating to Records of Persons With Custody of Use) as
subsection (e); and
(2) by adding at the end the following:
``(f) Data Standards for Reports Filed Under This Section.--
``(1) Requirement.--The Commission shall, by rule,
adopt data standards for all reports filed by
investment advisers with the Commission under this
section.
``(2) Characteristics.--The data standards required
by paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''.
(b) Data Standards for Registration Statements and Reports
Under the Investment Company Act of 1940.--The Investment
Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended--
(1) in section 8, by adding at the end the following:
``(g) Data Standards for Registration Statements.--
``(1) Requirement.--The Commission shall, by rule,
adopt data standards for all registration statements
required to be filed with the Commission under this
section, except that the Commission may exempt
exhibits, signatures, and certifications from such data
standards.
``(2) Characteristics.--The data standards required
by paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''; and
(2) in section 30, by adding at the end the
following:
``(k) Data Standards for Reports.--
``(1) Requirement.--The Commission shall, by rule,
adopt data standards for all reports required to be
filed with the Commission under this section, except
that the Commission may exempt exhibits, signatures,
and certifications from such data standards.
``(2) Characteristics.--The data standards required
by paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''.
(c) Data Standards for Information Required To Be Submitted
or Published by Nationally Recognized Statistical Rating
Organizations.--Section 15E of the Securities Exchange Act of
1934 (15 U.S.C. 78o-7) is amended by adding at the end the
following:
``(w) Data Standards for Information Required To Be Submitted
or Published Under This Section.--
``(1) Requirement.--The Commission shall, by rule,
adopt data standards for all information required to be
submitted or published by a nationally recognized
statistical rating organization under this section.
``(2) Characteristics.--The data standards required
by paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''.
(d) Data Standards for Asset-Backed Securities Disclosures.--
Section 7(c) of the Securities Act of 1933 (15 U.S.C. 77g(c))
is amended by adding at the end the following:
``(3) Data standards for asset-backed securities
disclosures.--
``(A) Requirement.--The Commission shall, by
rule, adopt data standards for all disclosures
required under this subsection.
``(B) Characteristics.--The data standards
required by subparagraph (A) shall, to the
extent practicable--
``(i) render data fully searchable
and machine-readable (as defined under
section 3502 of title 44, United States
Code);
``(ii) enable high quality data
through schemas, with accompanying
metadata (as defined under section 3502
of title 44, United States Code)
documented in machine-readable taxonomy
or ontology models, which clearly
define the data's semantic meaning as
defined by the underlying regulatory
information collection requirements;
``(iii) assure that a data element or
data asset that exists to satisfy an
underlying regulatory information
collection requirement be consistently
identified as such in associated
machine-readable metadata;
``(iv) be nonproprietary or made
available under an open license (as
defined under section 3502 of title 44,
United States Code);
``(v) incorporate standards developed
and maintained by voluntary consensus
standards bodies; and
``(vi) use, be consistent with, and
implement applicable accounting and
reporting principles.
``(C) Incorporation of standards.--In
adopting data standards by rule under this
paragraph, the Commission shall incorporate all
applicable data standards promulgated by the
Secretary of the Treasury.''.
(e) Data Standards for Corporate Disclosures Under the
Securities Act of 1933.--Section 7 of the Securities Act of
1933 (15 U.S.C. 77g) is amended by adding at the end the
following:
``(e) Data Standards.--
``(1) Requirement.--The Commission shall, by rule,
adopt data standards for all registration statements
and for all prospectuses included in registration
statements required to be filed with the Commission
under this title, except that the Commission may exempt
exhibits, signatures, and certifications from such data
standards.
``(2) Characteristics.--The data standards required
by paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''.
(f) Data Standards for Periodic and Current Corporate
Disclosures Under the Securities Exchange Act of 1934.--Section
13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is
amended by adding at the end the following:
``(s) Data Standards.--
``(1) Requirement.--The Commission shall, by rule,
adopt data standards for all information contained in
periodic and current reports required to be filed or
furnished under this section or under section 15(d),
except that the Commission may exempt exhibits,
signatures, and certifications from such data
standards.
``(2) Characteristics.--The data standards required
by paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''.
(g) Data Standards for Corporate Proxy and Consent
Solicitation Materials Under the Securities Exchange Act of
1934.--Section 14 of the Securities Exchange Act of 1934 (15
U.S.C. 78n) is amended by adding at the end the following:
``(k) Data Standards for Proxy and Consent Solicitation
Materials.--
``(1) Requirement.--The Commission shall, by rule,
adopt data standards for all information contained in
any proxy or consent solicitation material prepared by
an issuer for an annual meeting of the shareholders of
the issuer, except that the Commission may exempt
exhibits, signatures, and certifications from such data
standards.
``(2) Characteristics.--The data standards required
by paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''.
(h) Data Standards for Security-Based Swap Reporting.--
Section 15F of the Securities Exchange Act of 1934 (15 U.S.C.
78o-10) is amended by adding at the end the following:
``(m) Data Standards for Security-Based Swap Reporting.--
``(1) Requirement.--The Commission shall, by rule,
adopt data standards for all reports related to
security-based swaps that are required under this Act.
``(2) Characteristics.--The data standards required
by paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the Commission
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''.
(i) Rulemaking.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date the final rule is
promulgated pursuant to section 124(a) of the Financial
Stability Act of 2010, the Securities and Exchange
Commission shall issue the regulations required under
the amendments made by this section.
(2) Scaling of regulatory requirements.--In issuing
the regulations required under the amendments made by
this section, the Securities and Exchange Commission
may scale data reporting requirements in order to
reduce any unjustified burden on emerging growth
companies, lending institutions, accelerated filers,
smaller reporting companies, and other smaller issuers,
as determined by the study required under section
205(c), while still providing searchable information to
investors.
(3) Minimizing disruption.--In issuing the
regulations required under the amendments made by this
section, the Securities and Exchange Commission shall
seek to minimize disruptive changes to the persons
affected by such regulations.
SEC. 202. OPEN DATA PUBLICATION BY THE SECURITIES AND EXCHANGE
COMMISSION.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C.
78d) is amended by adding at the end the following:
``(k) Open Data Publication.--All public information
published by the Commission under the securities laws and the
Dodd-Frank Wall Street Reform and Consumer Protection Act shall
be made available as an open Government data asset (as defined
under section 3502 of title 44, United States Code), freely
available for download in bulk and rendered in a human-readable
format and accessible via application programming interface
where appropriate.''.
SEC. 203. DATA TRANSPARENCY AT THE MUNICIPAL SECURITIES RULEMAKING
BOARD.
(a) In General.--Section 15B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78o-4(b)) is amended by adding at the
end the following:
``(8) Data Standards.--
``(A) Requirement.--If the Board establishes
information systems under paragraph (3), the Board
shall adopt data standards for information submitted
via such systems.
``(B) Characteristics.--The data standards required
by subparagraph (A) shall, to the extent practicable--
``(i) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(ii) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(iii) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(iv) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(v) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(vi) use, be consistent with, and implement
applicable accounting and reporting principles.
``(C) Incorporation of standards.--In adopting data
standards under this paragraph, the Board shall
incorporate all applicable data standards promulgated
by the Secretary of the Treasury.''.
(b) Rulemaking.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date the final rule is
promulgated pursuant to section 124(a) of the Financial
Stability Act of 2010, the Municipal Securities
Rulemaking Board shall issue the regulations required
under the amendments made by this section.
(2) Scaling of regulatory requirements.--In issuing
the regulations required under the amendments made by
this section, the Municipal Securities Rulemaking Board
may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated
entities.
(3) Minimizing disruption.--In issuing the
regulations required under the amendments made by this
section, the Municipal Securities Rulemaking Board
shall seek to minimize disruptive changes to the
persons affected by such regulations.
SEC. 204. DATA TRANSPARENCY AT NATIONAL SECURITIES ASSOCIATIONS.
(a) In General.--Section 15A of the Securities Exchange Act
of 1934 (15 U.S.C. 78o-3) is amended by adding at the end the
following:
``(n) Data Standards.--
``(1) Requirement.--A national securities association
registered pursuant to subsection (a) shall adopt data
standards for all information that is regularly filed
with or submitted to the association.
``(2) Characteristics.--The data standards required
by paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards under this subsection, the association shall
incorporate all applicable data standards promulgated
by the Secretary of the Treasury.''.
(b) Rulemaking.--
(1) In general.--Not later than the end of the 2-year
period beginning on the date the final rule is
promulgated pursuant to section 124(a) of the Financial
Stability Act of 2010, a national securities
association shall adopt the standards required under
the amendments made by this section.
(2) Scaling of regulatory requirements.--In adopting
the standards required under the amendments made by
this section, a national securities association may
scale data reporting requirements in order to reduce
any unjustified burden on smaller regulated entities.
(3) Minimizing disruption.--In adopting the standards
required under the amendments made by this section, a
national securities association shall seek to minimize
disruptive changes to the persons affected by such
standards.
SEC. 205. SHORTER-TERM BURDEN REDUCTION AND DISCLOSURE SIMPLIFICATION
AT THE SECURITIES AND EXCHANGE COMMISSION; SUNSET.
(a) Better Enforcement of the Quality of Corporate Financial
Data Submitted to the Securities and Exchange Commission.--
(1) Data quality improvement program.--Within six
months after the date of the enactment of this Act, the
Commission shall establish a program to improve the
quality of corporate financial data filed or furnished
by issuers under the Securities Act of 1933, the
Securities Exchange Act of 1934, and the Investment
Company Act of 1940. The program shall include the
following:
(A) The designation of an official in the
Office of the Chairman responsible for the
improvement of the quality of data filed with
or furnished to the Commission by issuers.
(B) The issuance by the Division of
Corporation Finance of comment letters
requiring correction of errors in data filings
and submissions, where necessary.
(2) Goals.--In establishing the program under this
section, the Commission shall seek to--
(A) improve the quality of data filed with or
furnished to the Commission to a commercially
acceptable level; and
(B) make data filed with or furnished to the
Commission useful to investors.
(b) Report on the Use of Machine-Readable Data for Corporate
Disclosures.--
(1) In general.--Not later than six months after the
date of the enactment of this Act, and every six months
thereafter, the Commission shall issue a report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate on the public and
internal use of machine-readable data for corporate
disclosures.
(2) Content.--Each report required under paragraph
(1) shall include--
(A) an identification of which corporate
disclosures required under section 7 of the
Securities Act of 1933, section 13 of the
Securities Exchange Act of 1934, or section 14
of the Securities Exchange Act of 1934 are
expressed as machine-readable data and which
are not;
(B) an analysis of the costs and benefits of
the use of machine-readable data in corporate
disclosure to investors, markets, the
Commission, and issuers;
(C) a summary of enforcement actions that
result from the use or analysis of machine-
readable data collected under section 7 of the
Securities Act of 1933, section 13 of the
Securities Exchange Act of 1934, or section 14
of the Securities Exchange Act of 1934; and
(D) an analysis of how the Commission is
itself using the machine-readable data
collected by the Commission.
(c) Sunset.--On and after the end of the 7-year period
beginning on the date of the enactment of this Act, this
section shall have no force or effect.
SEC. 206. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title
shall be construed to require the Securities and Exchange
Commission, the Municipal Securities Rulemaking Board, or a
national securities association to collect or make publicly
available additional information under the statutes amended by
this title, beyond information that was collected or made
publicly available under such statutes before the date of the
enactment of this Act.
TITLE III--FEDERAL DEPOSIT INSURANCE CORPORATION
SEC. 301. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL DEPOSIT INSURANCE
CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is
amended by adding at the end the following:
``SEC. 52. DATA STANDARDS.
``(a) Requirement.--The Corporation shall, by rule, adopt
data standards for all information that the Corporation
receives from any depository institution or financial company
under this Act or under title II of the Dodd-Frank Wall Street
Reform and Consumer Protection Act.
``(b) Characteristics.--The data standards required by
subsection (a) shall, to the extent practicable--
``(1) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of
title 44, United States Code) documented in machine-
readable taxonomy or ontology models, which clearly
define the data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(3) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(4) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(5) incorporate standards developed and maintained
by voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement
applicable accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards
by rule under this section, the Corporation shall incorporate
all applicable data standards promulgated by the Secretary of
the Treasury.
``(d) Financial Company Defined.--For purposes of this
section, the term `financial company' has the meaning given
that term under section 201(a) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5381(a)).''.
SEC. 302. OPEN DATA PUBLICATION BY THE FEDERAL DEPOSIT INSURANCE
CORPORATION.
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.),
as amended by section 301, is further amended by adding at the
end the following:
``SEC. 53. OPEN DATA PUBLICATION.
``All public information published by the Corporation under
this Act or under the Dodd-Frank Wall Street Reform and
Consumer Protection Act shall be made available as an open
Government data asset (as defined under section 3502 of title
44, United States Code), freely available for download in bulk
and rendered in a human-readable format and accessible via
application programming interface where appropriate.''.
SEC. 303. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to
section 124(a) of the Financial Stability Act of 2010, the
Federal Deposit Insurance Corporation shall issue the
regulations required under the amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the
regulations required under the amendments made by this title,
the Federal Deposit Insurance Corporation may scale data
reporting requirements in order to reduce any unjustified
burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations
required under the amendments made by this title, the Federal
Deposit Insurance Corporation shall seek to minimize disruptive
changes to the persons affected by such regulations.
SEC. 304. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title
shall be construed to require the Federal Deposit Insurance
Corporation to collect or make publicly available additional
information under the statutes amended by this title, beyond
information that was collected or made publicly available under
such statutes before the date of the enactment of this Act.
TITLE IV--OFFICE OF THE COMPTROLLER OF THE CURRENCY
SEC. 401. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR THE
OFFICE OF THE COMPTROLLER OF THE CURRENCY.
The Revised Statutes of the United States is amended by
inserting after section 332 (12 U.S.C. 14) the following:
``SEC. 333. DATA STANDARDS; OPEN DATA PUBLICATION.
``(a) Data Standards.--
``(1) Requirement.--The Comptroller of the Currency
shall, by rule, adopt data standards for all
information that is regularly filed with or submitted
to the Comptroller of the Currency by any entity with
respect to which the Office of the Comptroller of the
Currency is the appropriate Federal banking agency (as
defined under section 3 of the Federal Deposit
Insurance Act).
``(2) Characteristics.--The data standards required
by paragraph (1) shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this subsection, the
Comptroller of the Currency shall incorporate all
applicable data standards promulgated by the Secretary
of the Treasury.
``(b) Open Data Publication.--All public information
published by the Comptroller of the Currency under title LXII
or the Dodd-Frank Wall Street Reform and Consumer Protection
Act shall be made available as an open Government data asset
(as defined under section 3502 of title 44, United States
Code), freely available for download in bulk and rendered in a
human-readable format and accessible via application
programming interface where appropriate.''.
SEC. 402. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to
section 124(a) of the Financial Stability Act of 2010, the
Comptroller of the Currency shall issue the regulations
required under the amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the
regulations required under the amendments made by this title,
the Comptroller of the Currency may scale data reporting
requirements in order to reduce any unjustified burden on
smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations
required under the amendments made by this title, the
Comptroller of the Currency shall seek to minimize disruptive
changes to the persons affected by such regulations.
SEC. 403. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title
shall be construed to require the Comptroller of the Currency
to collect or make publicly available additional information
under the statutes amended by this title, beyond information
that was collected or made publicly available under such
statutes before the date of the enactment of this Act.
TITLE V--BUREAU OF CONSUMER FINANCIAL PROTECTION
SEC. 501. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR THE
BUREAU OF CONSUMER FINANCIAL PROTECTION.
(a) In General.--The Consumer Financial Protection Act of
2010 (12 U.S.C. 5481 et seq.) is amended by inserting after
section 1018 the following:
``SEC. 1019. DATA STANDARDS.
``(a) Requirement.--The Bureau shall, by rule, adopt data
standards for all information that is regularly filed with or
submitted to the Bureau.
``(b) Characteristics.--The data standards required by
subsection (a) shall, to the extent practicable--
``(1) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of
title 44, United States Code) documented in machine-
readable taxonomy or ontology models, which clearly
define the data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(3) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(4) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(5) incorporate standards developed and maintained
by voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement
applicable accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards
by rule under this section, the Bureau shall incorporate all
applicable data standards promulgated by the Secretary of the
Treasury.
``SEC. 1020. OPEN DATA PUBLICATION.
``All public information published by the Bureau shall be
made available as an open Government data asset (as defined
under section 3502 of title 44, United States Code), freely
available for download in bulk and rendered in a human-readable
format and accessible via application programming interface
where appropriate.''.
(b) Clerical Amendment.--The table of contents under section
1(b) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act is amended by inserting after the item relating
to section 1018 the following:
``Sec. 1019. Data standards.
``Sec. 1020. Open data publication.''.
SEC. 502. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to
section 124(a) of the Financial Stability Act of 2010, the
Bureau of Consumer Financial Protection shall issue the
regulations required under the amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the
regulations required under the amendments made by this title,
the Bureau of Consumer Financial Protection may scale data
reporting requirements in order to reduce any unjustified
burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations
required under the amendments made by this title, the Bureau of
Consumer Financial Protection shall seek to minimize disruptive
changes to the persons affected by such regulations.
SEC. 503. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title
shall be construed to require the Bureau of Consumer Financial
Protection to collect or make publicly available additional
information under the statutes amended by this title, beyond
information that was collected or made publicly available under
such statutes before the date of the enactment of this Act.
TITLE VI--FEDERAL RESERVE SYSTEM
SEC. 601. DATA STANDARDS REQUIREMENTS FOR THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM.
(a) Data Standards for Information Filed or Submitted by
Nonbank Financial Companies.--Section 161(a) of the Financial
Stability Act of 2010 (12 U.S.C. 5361(a)) is amended by adding
at the end the following:
``(4) Data standards for reports under this
subsection.--
``(A) In general.--The Board of Governors
shall adopt data standards for all financial
data that is regularly filed with or submitted
to the Board of Governors by any nonbank
financial company supervised by the Board of
Governors pursuant to this subsection.
``(B) Characteristics.--The data standards
required by this section shall, to the extent
practicable--
``(i) render data fully searchable
and machine-readable (as defined under
section 3502 of title 44, United States
Code);
``(ii) enable high quality data
through schemas, with accompanying
metadata (as defined under section 3502
of title 44, United States Code)
documented in machine-readable taxonomy
or ontology models, which clearly
define the data's semantic meaning as
defined by the underlying regulatory
information collection requirements;
``(iii) assure that a data element or
data asset that exists to satisfy an
underlying regulatory information
collection requirement be consistently
identified as such in associated
machine-readable metadata;
``(iv) be nonproprietary or made
available under an open license (as
defined under section 3502 of title 44,
United States Code);
``(v) incorporate standards developed
and maintained by voluntary consensus
standards bodies; and
``(vi) use, be consistent with, and
implement applicable accounting and
reporting principles.
``(C) Incorporation of standards.--In
adopting data standards by rule under this
paragraph, the Board of Governors shall
incorporate all applicable data standards
promulgated by the Secretary of the
Treasury.''.
(b) Data Standards for Information Filed or Submitted by
Savings and Loan Holding Companies.--Section 10 of the Home
Owners' Loan Act (12 U.S.C. 1467a) is amended by adding at the
end the following:
``(u) Data Standards.--
``(1) Requirement.--The Board shall adopt data
standards for all information that is regularly filed
with or submitted to the Board by any savings and loan
holding company, or subsidiary of a savings and loan
holding company, other than a depository institution,
under this section.
``(2) Characteristics.--The data standards required
by this subsection shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards by rule under this section, the Board of
Governors shall incorporate all applicable data
standards promulgated by the Secretary of the
Treasury.''.
(c) Data Standards for Information Filed or Submitted by Bank
Holding Companies.--Section 5 of the Bank Holding Company Act
of 1956 (12 U.S.C. 1844) is amended by adding at the end the
following:
``(h) Data Standards.--
``(1) Requirement.--The Board shall adopt data
standards for all information that is regularly filed
with or submitted to the Board by any bank holding
company in a report under subsection (c).
``(2) Characteristics.--The data standards required
by this subsection shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards under this subsection, the Board shall
incorporate all applicable data standards promulgated
by the Secretary of the Treasury.''.
(d) Data Standards for Information Submitted by Financial
Market Utilities or Institutions Under the Payment, Clearing,
and Settlement Supervision Act of 2010.--Section 809 of the
Payment, Clearing, and Settlement Supervision Act of 2010 (12
U.S.C. 5468) is amended by adding at the end the following:
``(h) Data Standards.--
``(1) Requirement.--The Board of Governors shall
adopt data standards for all information that is
regularly filed with or submitted to the Board by any
financial market utility or financial institution under
subsection (a) or (b).
``(2) Characteristics.--The data standards required
by this subsection shall, to the extent practicable--
``(A) render data fully searchable and
machine-readable (as defined under section 3502
of title 44, United States Code);
``(B) enable high quality data through
schemas, with accompanying metadata (as defined
under section 3502 of title 44, United States
Code) documented in machine-readable taxonomy
or ontology models, which clearly define the
data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(C) assure that a data element or data
asset that exists to satisfy an underlying
regulatory information collection requirement
be consistently identified as such in
associated machine-readable metadata;
``(D) be nonproprietary or made available
under an open license (as defined under section
3502 of title 44, United States Code);
``(E) incorporate standards developed and
maintained by voluntary consensus standards
bodies; and
``(F) use, be consistent with, and implement
applicable accounting and reporting principles.
``(3) Incorporation of standards.--In adopting data
standards under this subsection, the Board of Governors
shall incorporate all applicable data standards
promulgated by the Secretary of the Treasury.''.
SEC. 602. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM.
The Federal Reserve Act (12 U.S.C. 226 et seq.) is amended by
adding at the end the following:
``SEC. 32. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS.
``All public information published by the Board of Governors
under this Act, the Bank Holding Company Act of 1956, the
Financial Stability Act of 2010, the Home Owners' Loan Act, the
Payment, Clearing, and Settlement Supervision Act of 2010, or
the Enhancing Financial Institution Safety and Soundness Act of
2010 shall be made available as an open Government data asset
(as defined under section 3502 of title 44, United States
Code), freely available for download in bulk and rendered in a
human-readable format and accessible via application
programming interface where appropriate.''.
SEC. 603. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to
section 124(a) of the Financial Stability Act of 2010, the
Board of Governors of the Federal Reserve System shall issue
the regulations required under the amendments made by this
title.
(b) Scaling of Regulatory Requirements.--In issuing the
regulations required under the amendments made by this title,
the Board of Governors of the Federal Reserve System may scale
data reporting requirements in order to reduce any unjustified
burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations
required under the amendments made by this title, the Board of
Governors of the Federal Reserve System shall seek to minimize
disruptive changes to the persons affected by such regulations.
SEC. 604. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title
shall be construed to require the Board of Governors of the
Federal Reserve System to collect or make publicly available
additional information under the statutes amended by this
title, beyond information that was collected or made publicly
available under such statutes before the date of the enactment
of this Act.
TITLE VII--NATIONAL CREDIT UNION ADMINISTRATION
SEC. 701. DATA STANDARDS.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et
seq.) is amended by adding at the end the following:
``SEC. 132. DATA STANDARDS.
``(a) Requirement.--The Board shall, by rule, adopt data
standards for all information and reports regularly filed with
or submitted to the Administration under this Act.
``(b) Characteristics.--The data standards required by
subsection (a) shall, to the extent practicable--
``(1) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of
title 44, United States Code) documented in machine-
readable taxonomy or ontology models, which clearly
define the data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(3) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(4) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(5) incorporate standards developed and maintained
by voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement
applicable accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards
by rule under this section, the Board shall incorporate all
applicable data standards promulgated by the Secretary of the
Treasury.''.
SEC. 702. OPEN DATA PUBLICATION BY THE NATIONAL CREDIT UNION
ADMINISTRATION.
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et
seq.), as amended by section 801, is further amended by adding
at the end the following:
``SEC. 133. OPEN DATA PUBLICATION.
``All public information published by the Administration
under this title shall be made available as an open Government
data asset (as defined under section 3502 of title 44, United
States Code), freely available for download in bulk and
rendered in a human-readable format and accessible via
application programming interface where appropriate.''.
SEC. 703. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to
section 124(a) of the Financial Stability Act of 2010, the
National Credit Union Administration Board shall issue the
regulations required under the amendments made by this title.
(b) Scaling of Regulatory Requirements.--In issuing the
regulations required under the amendments made by this title,
the National Credit Union Administration Board may scale data
reporting requirements in order to reduce any unjustified
burden on smaller regulated entities.
(c) Minimizing Disruption.--In issuing the regulations
required under the amendments made by this title, the National
Credit Union Administration Board shall seek to minimize
disruptive changes to the persons affected by such regulations.
SEC. 704. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title
shall be construed to require the National Credit Union
Administration Board to collect or make publicly available
additional information under the statutes amended by this
title, beyond information that was collected or made publicly
available under such statutes before the date of the enactment
of this Act.
TITLE VIII--FEDERAL HOUSING FINANCE AGENCY
SEC. 801. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL HOUSING FINANCE
AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et
seq.) is amended by adding at the end the following:
``SEC. 1319H. DATA STANDARDS.
``(a) Requirement.--The Agency shall, by rule, adopt data
standards for all information that is regularly filed with or
submitted to the Agency under this Act.
``(b) Characteristics.--The data standards required by
subsection (a) shall, to the extent practicable--
``(1) render data fully searchable and machine-
readable (as defined under section 3502 of title 44,
United States Code);
``(2) enable high quality data through schemas, with
accompanying metadata (as defined under section 3502 of
title 44, United States Code) documented in machine-
readable taxonomy or ontology models, which clearly
define the data's semantic meaning as defined by the
underlying regulatory information collection
requirements;
``(3) assure that a data element or data asset that
exists to satisfy an underlying regulatory information
collection requirement be consistently identified as
such in associated machine-readable metadata;
``(4) be nonproprietary or made available under an
open license (as defined under section 3502 of title
44, United States Code);
``(5) incorporate standards developed and maintained
by voluntary consensus standards bodies; and
``(6) use, be consistent with, and implement
applicable accounting and reporting principles.
``(c) Incorporation of Standards.--In adopting data standards
by rule under this section, the Agency shall incorporate all
applicable data standards promulgated by the Secretary of the
Treasury.''.
SEC. 802. OPEN DATA PUBLICATION BY THE FEDERAL HOUSING FINANCE AGENCY.
Part 1 of subtitle A of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et
seq.), as amended by section 901, is further amended by adding
at the end the following:
``SEC. 1319I. OPEN DATA PUBLICATION.
``All public information published by the Agency under this
Act shall be made available as an open Government data asset
(as defined under section 3502 of title 44, United States
Code), freely available for download in bulk and rendered in a
human-readable format and accessible via application
programming interface where appropriate.''.
SEC. 803. RULEMAKING.
(a) In General.--Not later than the end of the 2-year period
beginning on the date the final rule is promulgated pursuant to
section 124(a) of the Financial Stability Act of 2010, the
Federal Housing Finance Agency shall issue the regulations
required under the amendments made by this title.
(b) Minimizing Disruption.--In issuing the regulations
required under the amendments made by this title, the Federal
Housing Finance Agency shall seek to minimize disruptive
changes to the persons affected by such regulations.
SEC. 804. NO NEW DISCLOSURE REQUIREMENTS.
Nothing in this title or the amendments made by this title
shall be construed to require the Federal Housing Finance
Agency to collect or make publicly available additional
information under the statutes amended by this title, beyond
information that was collected or made publicly available under
such statutes before the date of the enactment of this Act.
TITLE IX--MISCELLANEOUS
SEC. 901. RULES OF CONSTRUCTION.
(a) No Effect on Intellectual Property.--Nothing in this Act
or the amendments made by this Act may be construed to alter
the existing legal protections of copyrighted material or other
intellectual property rights of any non-Federal person.
(b) No Effect on Monetary Policy.--Nothing in this Act or the
amendments made by this Act may be construed to apply to
activities conducted, or data standards used, exclusively in
connection with a monetary policy proposed or implemented by
the Board of Governors of the Federal Reserve System or the
Federal Open Market Committee.
(c) Preservation of Agency Authority to Tailor Regulations.--
Nothing in this Act or the amendments made by this Act may be
construed to--
(1) require Federal agencies to incorporate identical
data standards to those promulgated by the Secretary of
the Treasury; or
(2) prohibit Federal agencies from tailoring such
standards when issuing rules under this Act and the
amendments made by this Act to adopt data standards.
SEC. 902. CLASSIFIED AND PROTECTED INFORMATION.
(a) In General.--Nothing in this Act or the amendments made
by this Act shall require the disclosure to the public of--
(1) information that would be exempt from disclosure
under section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'');
or
(2) information protected under section 552a of title
5, United States Code (commonly known as the ``Privacy
Act of 1974''), or section 6103 of the Internal Revenue
Code of 1986.
(b) Existing Agency Regulations.--Nothing in this Act or the
amendments made by this Act shall be construed to require the
Secretary of the Treasury, the Securities and Exchange
Commission, the Federal Deposit Insurance Corporation, the
Comptroller of the Currency, the Bureau of Consumer Financial
Protection, the Board of Governors of the Federal Reserve
System, the National Credit Union Administration Board, or the
Federal Housing Finance Agency to amend existing regulations
and procedures regarding the sharing and disclosure of
nonpublic information, including confidential supervisory
information.
SEC. 903. DISCRETIONARY SURPLUS FUND.
(a) 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 $137,000,000.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on September 30, 2022.
577. An Amendment To Be Offered by Representative Matsui of California
or Her Designee, Debatable for 10 Minutes
At the end of subtitle _ of title _, insert the following:
SEC. __. JAPANESE AMERICAN CONFINEMENT EDUCATION GRANTS.
Public Law 109-441 (120 Stat. 3290) is amended--
(1) in section 2, by adding at the end the following:
``(4) Japanese american confinement education
grants.--The term `Japanese American Confinement
Education Grants' means competitive grants, awarded
through the Japanese American Confinement Sites
Program, for Japanese American organizations to educate
individuals, including through the use of digital
resources, in the United States on the historical
importance of Japanese American confinement during
World War II, so that present and future generations
may learn from Japanese American confinement and the
commitment of the United States to equal justice under
the law.
``(5) Japanese american organization.--The term
`Japanese American organization' means a private
nonprofit organization within the United States
established to promote the understanding and
appreciation of the ethnic and cultural diversity of
the United States by illustrating the Japanese American
experience throughout the history of the United
States.''; and
(2) in section 4--
(A) by inserting ``(a) In General.--'' before
``There are authorized'';
(B) by striking ``$38,000,000'' and inserting
``$80,000,000''; and
(C) by adding at the end the following:
``(b) Japanese American Confinement Education Grants.--
``(1) In general.--Of the amounts made available
under this section, not more than $10,000,000 shall be
awarded as Japanese American Confinement Education
Grants to Japanese American organizations. Such
competitive grants shall be in an amount not less than
$750,000 and the Secretary shall give priority
consideration to Japanese American organizations with
fewer than 100 employees.
``(2) Matching requirement.--
``(A) Fifty percent.--Except as provided in
subparagraph (B), for funds awarded under this
subsection, the Secretary shall require a 50
percent match with non-Federal assets from non-
Federal sources, which may include cash or
durable goods and materials fairly valued, as
determined by the Secretary.
``(B) Waiver.--The Secretary may waive all or
part of the matching requirement under
subparagraph (A), if the Secretary determines
that--
``(i) no reasonable means are
available through which an applicant
can meet the matching requirement; and
``(ii) the probable benefit of the
project funded outweighs the public
interest in such matching
requirement.''.
----------
578. An Amendment To Be Offered by Representative Mcgovern of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. ___. REPORTING ON INTERNATIONALLY RECOGNIZED HUMAN RIGHTS IN THE
UNITED STATES IN THE ANNUAL COUNTRY REPORTS ON
HUMAN RIGHTS PRACTICES.
Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n) is amended by adding at the end the following:
``(h) Internationally Recognized Human Rights in the United
States.--The report required by subsection (d) shall include a
section that provides a list of reports published during the
prior year by United States government agencies on the status
of internationally recognized human rights in the United
States, including reports issued by the Department of Justice,
the Department of Homeland Security and the United States
Commission on Civil Rights.''.
----------
579. An Amendment To Be Offered by Representative Mcgovern of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. ____. EXPORT PROHIBITION OF MUNITIONS ITEMS TO THE HONG KONG
POLICE FORCE.
Section 3 of the Act entitled ``An Act to prohibit the
commercial export of covered munitions items to the Hong Kong
Police Force'', approved November 27, 2019 (Public Law 116-77;
133 Stat. 1173), is amended by striking ``December 31, 2021''
and inserting the following: ``December 31, 2024''.
----------
580. An Amendment To Be Offered by Representative Mcgovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of title LI of division E, add the following:
SEC. __. ELIMINATION OF ASSET AND INFRASTRUCTURE REVIEW COMMISSION OF
DEPARTMENT OF VETERANS AFFAIRS.
The VA Asset and Infrastructure Review Act of 2018 (subtitle
A of title II of Public Law 115-182; 38 U.S.C. 8122 note) is
amended by striking each section other than sections 204(b) and
207.
----------
581. An Amendment To Be Offered by Representative Mcgovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of division E, add the following:
TITLE LIX--PROHIBITION OF ARMS SALES TO COUNTRIES COMMITTING GENOCIDE
OR WAR CRIMES AND RELATED MATTERS
SEC. 5901. PROHIBITION OF ARMS SALES TO COUNTRIES COMMITTING GENOCIDE
OR WAR CRIMES.
(a) In General.--No sale, export, or transfer of defense
articles or defense services may occur to any country if the
Secretary of State has credible information that the government
of such country has committed or is committing genocide or
violations of international humanitarian law after the date of
the enactment of this Act.
(b) Exception.--The restriction under subsection (a) shall
not apply if the Secretary of State certifies to the
appropriate congressional committees that--
(1) the government has adequately punished the
persons directly or indirectly responsible for such
acts through a credible, transparent, and effective
judicial process;
(2) appropriate measures have been instituted to
ensure that such acts will not recur; and
(3) other appropriate compensation or appropriate
compensatory measures have been or are being provided
to the persons harmed by such acts.
SEC. 5902. CONSIDERATION OF HUMAN RIGHTS AND DEMOCRATIZATION IN ARMS
EXPORTS.
(a) In General.--In considering the sale, export, or transfer
of defense articles and defense services to foreign countries,
the Secretary of State shall--
(1) also consider the extent to which the government
of the foreign country protects human rights and
supports democratic institutions, including an
independent judiciary; and
(2) ensure that the views and expertise of the Bureau
of Democracy, Human Rights, and Labor of the Department
of State in connection with any sale, export, or
transfer are fully taken into account.
(b) Inspector General Oversight.--Not later than one year
after the date of the enactment of this Act, and annually
thereafter for four years, the Inspector General of the
Department of State shall submit to the appropriate
congressional committees a report on the implementation of the
requirement under subsection (a) during the preceding year.
SEC. 5903. ENHANCEMENT OF CONGRESSIONAL OVERSIGHT OF HUMAN RIGHTS IN
ARMS EXPORTS.
(a) In General.--It is the sense of Congress that any letter
of offer to sell, or any application for a license to export or
transfer, defense articles or defense services controlled for
export, regardless of monetary value, should take into account
as part of its evaluation whether the Secretary of State has
credible information, with respect to a country to which the
defense articles or defense services are proposed to be sold,
exported, or transferred, that--
(1) the government of such country on or after the
date of enactment of this Act has been deposed by a
coup d'etat or decree in which the military played a
decisive role, and a democratically elected government
has not taken office subsequent to the coup or decree;
or
(2) a unit of the security forces of the government
of such country--
(A) has violated international humanitarian
law and has not been credibly investigated and
subjected to a credible and transparent
judicial process addressing such allegation; or
(B) has committed a gross violation of human
rights, and has not been credibly investigated
and subjected to a credible and transparent
judicial process addressing such allegation,
including, inter alia--
(i) torture;
(ii) rape or sexual assault;
(iii) ethnic cleansing of civilians;
(iv) recruitment or use of child
soldiers;
(v) unjust or wrongful detention;
(vi) the operation of, or effective
control or direction over, secret
detention facilities; or
(vii) extrajudicial killings or
enforced disappearances, whether by
military, police, or other security
forces.
(b) Inclusion of Information in Human Rights Report.--The
Secretary of State shall also provide to the appropriate
congressional committees the report described in section
502B(c) of the Foreign Assistance Act (22 U.S.C. 2304(c))
biannually for the period of time specified in subsection (c)
of this section regarding any country covered under subsection
(a).
(c) Modification of Prior Notification of Shipment of Arms.--
Section 36(i) of the Arms Export Control Act (22 U.S.C.
2776(i)) is amended by striking ``subject to the requirements
of subsection (b) at the joint request of the Chairman and
Ranking Member'' and inserting ``subject to the requirements of
this section at the request of the Chairman or Ranking
Member''.
SEC. 5904. END USE MONITORING OF MISUSE OF ARMS IN HUMAN RIGHTS ABUSES.
(a) End Use Monitoring.--Section 40A(a)(2)(B) of the Arms
Export Control Act (22 U.S.C. 2785) is amended--
(1) in clause (i), by striking ``; and'' and
inserting a semicolon;
(2) in clause (ii), by striking the period at the end
and inserting ``and;''; and
(3) by adding at the end the following new clause:
``(iii) such articles and services
are not being used to violate
international humanitarian law or
internationally recognized human
rights.''.
(b) Report.--The Secretary shall report to the appropriate
congressional committees on the measures that will be taken,
including any additional resources needed, to conduct an
effective end-use monitoring program to fulfill the requirement
of clause (iii) of section 40A(a)(2)(B) of the Arms Export
Control Act, as added by subsection (a)(3).
SEC. 5905. DEFINITIONS.
In this title:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate;
and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) The terms ``defense article'' and ``defense
service'' have the same meanings given the terms in
section 47 of the Arms Export Control Act (22 U.S.C.
2794).
----------
582. An Amendment To Be Offered by Representative Mcmorris Rodgers of
Washington or Her Designee, Debatable for 10 Minutes
At the end of title LI, insert the following new section:
SEC. 51__. ELIGIBILITY REQUIREMENTS FOR REIMBURSEMENT FOR EMERGENCY
TREATMENT FURNISHED TO VETERANS.
(a) Eligibility Requirements.--Section 1725(b)(2)(B) of title
38, United States Code, is amended by inserting ``, unless such
emergency treatment was furnished during the 60-day period
following the date on which the veteran enrolled in the health
care system specified in subparagraph (A), in which case no
requirement for prior receipt of care shall apply'' before the
period.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to emergency treatment furnished on or
after the date that is one year after the date of the enactment
of this Act.
----------
583. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
At the end of division E, add the following:
SEC. 58_. CONGRESSIONAL NOTIFICATION FOR REWARDS PAID USING
CRYPTOCURRENCIES.
(a) In General.--Section 36(e)(6) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708(e)(6)) is amended
by adding at the end the following new sentence: ``Not later
than 15 days before making a reward in a form that includes
cryptocurrency, the Secretary of State shall notify the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate of such
form for the reward.''
(b) Report.--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 on the use of cryptocurrency as a part of the
Department of State Rewards program established under section
36(a) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708(a)) that--
(1) justifies any determination of the Secretary to
make rewards under such program in a form that includes
cryptocurrency;
(2) lists each cryptocurrency payment made under such
program as of the date of the submission of the report;
(3) provides evidence of the manner and extent to
which cryptocurrency payments would be more likely to
induce whistleblowers to come forward with information
than rewards paid out in United States dollars or other
forms of money or nonmonetary items; and
(4) examines whether 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.
----------
584. An Amendment To Be Offered by Representative Meeks of New York or
His Designee, Debatable for 10 Minutes
Page 1348, after line 23, insert the following:
TITLE LVIX--BURMA ACT OF 2022
SEC. 5901. SHORT TITLE.
This title may be cited as the ``Burma Unified through
Rigorous Military Accountability Act of 2022'' or the ``BURMA
Act of 2022''.
SEC. 5902. DEFINITIONS.
In this title:
(1) Burmese military.--The term ``Burmese
military''--
(A) means the Armed Forces of Burma,
including the army, navy, and air force; and
(B) includes security services under the
control of the Armed Forces of Burma such as
the police and border guards.
(2) Crimes against humanity.--The term ``crimes
against humanity'' includes the following, when
committed as part of a widespread or systematic attack
directed against any civilian population, with
knowledge of the attack:
(A) Murder.
(B) Forced transfer of population.
(C) Torture.
(D) Extermination.
(E) Enslavement.
(F) Rape, sexual slavery, or any other form
of sexual violence of comparable severity.
(G) Enforced disappearance of persons.
(H) Persecution against any identifiable
group or collectivity on political, racial,
national, ethnic, cultural, religious, gender,
or other grounds that are universally
recognized as impermissible under international
law.
(I) Imprisonment or other severe deprivation
of physical liberty in violation of fundamental
rules of international law.
(3) Executive order 14014.--The term ``Executive
Order 14014'' means Executive Order 14014 (86 Fed. Reg.
9429; relating to blocking property with respect to the
situation in Burma).
(4) Genocide.--The term ``genocide'' means any
offense described in section 1091(a) of title 18,
United States Code.
(5) Transitional justice.--The term ``transitional
justice'' means the range of judicial, nonjudicial,
formal, informal, retributive, and restorative measures
employed by countries transitioning out of armed
conflict or repressive regimes, or employed by the
international community through international justice
mechanisms, to redress past or ongoing atrocities and
to promote long-term, sustainable peace.
(6) War crime.--The term ``war crime'' has the
meaning given the term in section 2441(c) of title 18,
United States Code.
Subtitle A--Matters Relating to the Conflict in Burma
SEC. 5911. FINDINGS.
Congress makes the following findings:
(1) Since 1988, the United States policy of
principled engagement has fostered positive democratic
reforms in Burma, with elections in 2010, 2015, and
2020, helping to bring about the partial transition to
civilian rule and with the latter 2 elections resulting
in resounding electoral victories for the National
League for Democracy.
(2) That democratic transition remained incomplete,
with the military retaining significant power and
independence from civilian control following the 2015
elections, including through control of 25 percent of
parliamentary seats, a de facto veto over
constitutional reform, authority over multiple
government ministries, and the ability to operate with
impunity and no civilian oversight.
(3) Despite some improvements with respect for human
rights and fundamental freedoms beginning in 2010, and
the establishment of a quasi-civilian government
following credible elections in 2015, Burma's military
leaders have, since 2016, overseen an increase in
restrictions to freedom of expression (including for
members of the press), freedom of peaceful assembly,
freedom of association, and freedom of religion or
belief.
(4) On August 25, 2017, Burmese military and security
forces launched a genocidal military campaign against
Rohingya, resulting in a mass exodus of some 750,000
Rohingya from Burma's Rakhine State into Bangladesh,
where they remain. The military has since taken no
steps to improve conditions for Rohingya still in
Rakhine State, who remain at high risk of genocide and
other atrocities, or to create conditions conducive to
the voluntary return of Rohingya refugees and other
internally displaced persons (IDPs).
(5) The Burmese military has also engaged in renewed
violence with other ethnic minority groups across the
country. The military has continued to commit
atrocities in Chin, Kachin, Kayah, and Shan. Fighting
in northern Burma has forced more than 100,000 people
from their homes and into camps for internally
displaced persons. The Burmese military continues to
heavily proscribe humanitarian and media access to
conflict-affected populations across the country.
(6) With more nearly $470,000,000 in humanitarian
assistance in response to the crisis in fiscal year
2021, the United States is the largest humanitarian
donor to populations in need as a result of conflicts
in Burma. In May 2021, the United States announced
nearly $155,000,000 in additional humanitarian
assistance to meet the urgent needs of Rohingya
refugees and host communities in Bangladesh and people
affected by ongoing violence in Burma's Rakhine,
Kachin, Shan, and Chin states. In September 2021, the
United States provided nearly $180,000,000 in
additional critical humanitarian assistance to the
people of Burma, bringing the total fiscal year 2021 to
more than $434,000,000.
(7) Both government- and military-initiated
investigations into human rights abuses in Burma
involving violence between ethnic minorities and
Burmese security forces have failed to yield credible
results or hold perpetrators accountable.
(8) In its report dated September 17, 2018, the
United Nations Independent International Fact-Finding
Mission on Myanmar concluded, on reasonable grounds,
that the factors allowing inference of ``genocidal
intent'' are present with respect to the attacks
against Rohingya in Rakhine State, and acts by Burmese
security forces against Rohingya in Rakhine State and
other ethnic minorities in Kachin and Shan States
amount to ``crimes against humanity'' and ``war
crimes''. The Independent International Fact-Finding
Mission on Myanmar established by the United Nations
Human Rights Council recommended that the United
Nations Security Council ``should ensure accountability
for crimes under international law committed in
Myanmar, preferably by referring the situation to the
International Criminal Court or alternatively by
creating an ad hoc international criminal tribunal''.
The Mission also recommended the imposition of targeted
economic sanctions, including an arms embargo on Burma.
(9) On December 13, 2018, the United States House of
Representatives passed House Resolution 1091 (115th
Congress), which expressed the sense of the House that
``the atrocities committed against the Rohingya by the
Burmese military and security forces since August 2017
constitute crimes against humanity and genocide'' and
called upon the Secretary of State to review the
available evidence and make a similar determination.
(10) In a subsequent report dated August 5, 2019, the
United Nations Independent International Fact-Finding
Mission on Myanmar found that the Burmese military's
economic interests ``enable its conduct'' and that it
benefits from and supports extractive industry
businesses operating in conflict-affected areas in
northern Burma, including natural resources,
particularly oil and gas, minerals and gems and argued
that ``through controlling its own business empire, the
Tatmadaw can evade the accountability and oversight
that normally arise from civilian oversight of military
budgets''. The report called for the United Nations and
individual governments to place targeted sanctions on
all senior officials in the Burmese military as well as
their economic interests, especially Myanma Economic
Holdings Limited and Myanmar Economic Corporation.
(11) Burma's November 2020 election resulted in a
landslide victory for the National League of Democracy,
with the National League for Democracy winning a large
majority of seats in Burma's national parliament. The
elections were judged to be credible, and marked an
important step in the country's democratic transition.
(12) On February 1, 2021, the Burmese military
conducted a coup d'etat, declaring a year-long state of
emergency and detaining State Counsellor Aung San Suu
Kyi, President Win Myint, and dozens of other
government officials and elected members of parliament,
thus derailing Burma's transition to democracy and
disregarding the will of the people of Burma as
expressed in the November 2020 general elections, which
were determined to be credible by international and
national observers.
(13) Following the coup, some ousted members of
parliament established the Committee Representing the
Pyidaungsu Hluttaw (CRPH), which subsequently
established the National Unity Consultative Council in
March of 2021. The National Unity Consultative Council
includes representatives from a broad spectrum of
stakeholders in Burma opposed to the military and the
coup: elected representatives from the CRPH,
representatives from the ethnic armed organizations,
members of Burma's civil disobedience movement, and
other anti-coup forces.
(14) The CRPH subsequently released the Federal
Democracy Charter in March 2021 and established the
National Unity Government in April 2021. The National
Unity Government includes representatives from ethnic
minority groups, civil society organizations, women's
groups, leaders of the civil disobedience movement, and
others.
(15) Since the coup on February 1, 2021, the Burmese
military has--
(A) used lethal force on peaceful protestors
on multiple occasions, killing more than 2,000
people, including more than 142 children;
(B) detained more than 10,000 peaceful
protestors, participants in the Civil
Disobedience Movement, labor leaders,
government officials and elected members of
parliament, members of the media, and others,
according to the Assistance Association for
Political Prisoners;
(C) issued laws and directives used to
further impede fundamental freedoms, including
freedom of expression (including for members of
the press), freedom of peaceful assembly, and
freedom of association; and
(D) imposed restrictions on the internet and
telecommunications.
(16) According to the UNHCR, more than 758,000 people
have been internally displaced since the coup, while an
estimated 40,000 have sought refuge in neighboring
countries. Nevertheless, the Burmese military continues
to block humanitarian assistance to populations in
need. According to the World Health Organization, the
military has carried out more than 286 attacks on
health care entities since the coup and killed at least
30 health workers. Dozens more have been arbitrarily
detained, and hundreds have warrants out for their
arrest. The military continued such attacks even as
they inhibited efforts to combat a devastating third
wave of COVID-19. The brutality of the Burmese military
was on full display on March 27, 2021, Armed Forces
Day, when, after threatening on state television to
shoot protesters in the head, security forces killed
more than 150 people.
(17) The coup represents a continuation of a long
pattern of violent and anti-democratic behavior by the
military that stretches back decades, with the military
having previously taken over Burma in coups d'etat in
1962 and 1988, and having ignored the results of the
1990 elections, and a long history of violently
repressing protest movements, including killing and
imprisoning thousands of peaceful protestors during
pro-democracy demonstrations in 1988 and 2007.
(18) On February 11, 2021, President Biden issued
Executive Order 14014 in response to the coup d'etat,
authorizing sanctions against the Burmese military, its
economic interests, and other perpetrators of the coup.
(19) Since the issuance of Executive Order 14014,
President Biden has taken several steps to impose costs
on the Burmese military and its leadership, including
by designating or otherwise imposing targeted sanctions
with respect to--
(A) multiple high-ranking individuals and
their family members, including the Commander-
in-Chief of the Burmese military, Min Aung
Hlaing, Burma's Chief of Police, Than Hlaing,
and the Bureau of Special Operations commander,
Lieutenant General Aung Soe, and over 35 other
individuals;
(B) state-owned and military controlled
companies, including Myanma Economic Holdings
Public Company, Ltd., Myanmar Economic
Corporation, Ltd., Myanmar Economic Holdings
Ltd., Myanmar Ruby Enterprise, Myanmar Imperial
Jade Co., Ltd., and Myanma Gems Enterprise; and
(C) other corporate entities, Burmese
military units, and Burmese military entities,
including the military regime's State
Administrative Council.
(20) The United States has also implemented new
restrictions on exports and reexports to Burma pursuant
to Executive Order 14014; and
(21) On April 24, 2021, the Association of Southeast
Asian Nations (ASEAN) agreed to a five-point consensus
which called for an ``immediate cessation of
violence'', ``constructive dialogue among all
parties'', the appointment of an ASEAN special envoy,
the provision of humanitarian assistance through
ASEAN's AHA Centre, and a visit by the ASEAN special
envoy to Burma. Except for the appointment of the
Special Envoy in August 2021, the other elements of the
ASEAN consensus remain unimplemented due to obstruction
by the Burmese military.
(22) In June 2021, the National Unity Government
included ethnic minorities and women among its cabinet
and released a policy paper outlining pledges to
Rohingya and calling for ``justice and reparations''
for the community. The statement affirms the Rohingya
right to citizenship in Burma, a significant break from
past Burmese government policies.
(23) On March 21, 2022, Secretary of State Antony
Blinken announced that the United States had concluded
that ``members of the Burmese military committed
genocide and crimes against humanity against
Rohingya''.
SEC. 5912. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support genuine democracy, peace, and national
reconciliation in Burma;
(2) to pursue a strategy of calibrated engagement,
which is essential to support the establishment of a
peaceful, prosperous, and democratic Burma that
includes respect for the human rights of all
individuals regardless of ethnicity and religion;
(3) to seek the restoration to power of a civilian
government that reflects the will of the people of
Burma;
(4) to support constitutional reforms that ensure
civilian governance and oversight over the military;
(5) to assist in the establishment of a fully
democratic, civilian-led, inclusive, and representative
political system that includes free, fair, credible,
and democratic elections in which all people of Burma,
including all ethnic and religious minorities, can
participate in the political process at all levels
including the right to vote and to run for elected
office;
(6) to support legal reforms that ensure protection
for the civil and political rights of all individuals
in Burma, including reforms to laws that criminalize
the exercise of human rights and fundamental freedoms,
and strengthening respect for and protection of human
rights, including freedom of religion or belief;
(7) to seek the unconditional release of all
prisoners of conscience and political prisoners in
Burma;
(8) to strengthen Burma's civilian governmental
institutions, including support for greater
transparency and accountability once the military is no
longer in power;
(9) to empower and resource local communities, civil
society organizations, and independent media;
(10) to promote national reconciliation and the
conclusion and credible implementation of a nationwide
cease-fire agreement, followed by a peace process that
is inclusive of ethnic Rohingya, Shan, Rakhine, Kachin,
Chin, Karenni, and Karen, and other ethnic groups and
leads to the development of a political system that
effectively addresses natural resource governance,
revenue-sharing, land rights, and constitutional change
enabling inclusive peace;
(11) to ensure the protection and non-refoulement of
refugees fleeing Burma to neighboring countries and
prioritize efforts to create a conducive environment
and meaningfully address long-standing structural
challenges that undermine the safety and rights of
Rohingya in Rakhine State as well as members of other
ethnic and religious minorities in Burma, including by
promoting the creation of conditions for the dignified,
safe, sustainable, and voluntary return of refugees in
Bangladesh, Thailand, and in the surrounding region
when conditions allow;
(12) to support an immediate end to restrictions that
hinder the freedom of movement of members of ethnic
minorities throughout the country, including Rohingya,
and an end to any and all policies and practices
designed to forcibly segregate Rohingya, and providing
humanitarian support for all internally displaced
persons in Burma;
(13) to support unfettered access for humanitarian
actors, media, and human rights mechanisms, including
those established by the United Nations Human Rights
Council and the United Nations General Assembly, to all
relevant areas of Burma, including Rakhine, Chin,
Kachin, Shan, and Kayin States, as well as Sagaing and
Magway regions;
(14) to call for accountability through independent,
credible investigations and prosecutions for any
potential genocide, war crimes, and crimes against
humanity, including those involving sexual and gender-
based violence and violence against children,
perpetrated against ethnic or religious minorities,
including Rohingya, by members of the military and
security forces of Burma, and other armed groups;
(15) to encourage reforms toward the military,
security, and police forces operating under civilian
control and being held accountable in civilian courts
for human rights abuses, corruption, and other abuses
of power;
(16) to promote broad-based, inclusive economic
development and fostering healthy and resilient
communities;
(17) to combat corruption and illegal economic
activity, including that which involves the military
and its close allies; and
(18) to promote responsible international and
regional engagement;
(19) to support and advance the strategy of
calibrated engagement, impose targeted sanctions with
respect to the Burmese military's economic interests
and major sources of income for the Burmese military,
including with respect to--
(A) officials in Burma, including the
Commander in Chief of the Armed Forces of
Burma, Min Aung Hlaing, and all individuals
described in paragraphs (1), (2), and (3) of
section 202(a), under the authorities provided
by title II, Executive Order 14014, and the
Global Magnitsky Human Rights Accountability
Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note);
(B) enterprises owned or controlled by the
Burmese military, including the Myanmar
Economic Corporation, Union of Myanmar Economic
Holding, Ltd., and all other entities described
in section 202(a)(4), under the authorities
provided by title II, the Burmese Freedom and
Democracy Act of 2003 (Public Law 108-61; 50
U.S.C. 1701 note), the Tom Lantos Block Burmese
JADE (Junta's Anti-Democratic Efforts) Act of
2008 (Public Law 110-286; 50 U.S.C. 1701 note),
other relevant statutory authorities, and
Executive Order 14014; and
(C) state-owned economic enterprises if--
(i) there is a substantial risk of
the Burmese military accessing the
accounts of such an enterprise; and
(ii) the imposition of sanctions
would not cause disproportionate harm
to the people of Burma, the restoration
of a civilian government in Burma, or
the national interest of the United
States; and
(20) to ensure that any sanctions imposed with
respect to entities or individuals are carefully
targeted to maximize impact on the military and
security forces of Burma and its economic interests
while minimizing impact on the people of Burma,
recognizing the calls from the people of Burma for the
United States to take action against the sources of
income for the military and security forces of Burma.
Subtitle B--Sanctions and Policy Coordination With Respect to Burma
SEC. 5921. DEFINITIONS.
In this title:
(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 Relations and
the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) Correspondent account; payable-through account.--
The terms ``correspondent account'' and ``payable-
through account'' have the meanings given those terms
in section 5318A of title 31, United States Code.
(4) Foreign financial institution.--The term
``foreign financial institution'' has the meaning of
that term as determined by the Secretary of the
Treasury by regulation.
(5) Foreign person.--The term ``foreign person''
means a person that is not a United States person.
(6) 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.
(7) Person.--The term ``person'' means an individual
or entity.
(8) Support.--The term ``support'', with respect to
the Burmese military, means to knowingly have
materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or
services to or in support of the Burmese military.
(9) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien
lawfully admitted to the United States for
permanent residence;
(B) an entity organized under the laws of the
United States or any jurisdiction within the
United States, including a foreign branch of
such an entity; or
(C) any person in the United States.
SEC. 5922. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES
AND PERPETRATION OF A COUP IN BURMA.
(a) Mandatory Sanctions.--Not later than 60 days after the
enactment of this Act, the President shall impose the sanctions
described in subsection (d) with respect to any foreign person
that the President determines--
(1) knowingly operates as a senior official or in a
significant capacity in the defense sector of the
Burmese economy;
(2) leading up to, during, and since the February
2021 coup is responsible for or has directly and
knowingly engaged in--
(A) actions or policies that undermine
democratic processes or institutions in Burma;
(B) actions or policies that threaten the
peace, security, or stability of Burma;
(C) actions or policies that prohibit, limit,
or penalize the exercise of freedom of
expression or assembly by people in Burma, or
that limit access to print, online, or
broadcast media in Burma; or
(D) the arbitrary detention or torture of any
person in Burma or other serious human rights
abuse in Burma;
(3) is a senior leader of--
(A) the Burmese military or security forces
of Burma, or any successor entity to any of
such forces;
(B) the State Administration Council, the
military-appointed cabinet at the level of
Deputy Minister or higher, or a military-
appointed minister of a Burmese state or
region; or
(C) an entity that has engaged in any
activity described in paragraph (2) leading up
to, during, and after the February 2021 coup;
(4) knowingly operates--
(A) any entity that is a state-owned economic
enterprise under Burmese law (other than the
entity specified in subsection (c)) that
benefits the Burmese military, including the
Myanma Gems Enterprise; or
(B) any entity controlled in whole or in part
by an entity described in subparagraph (A), or
a successor to such an entity, that benefits
the Burmese military;
(5) knowingly and materially violates, attempts to
violate, conspires to violate, or has caused or
attempted to cause a violation of any license, order,
regulation, or prohibition contained in or issued
pursuant to Executive Order 14014 or this Act;
(6) to be a spouse or adult child of any person
described in any of paragraphs (1) through (5); or
(7) to be owned or controlled by, and to act for or
on behalf of, directly or indirectly, a person that has
engaged in the activity described, as the case may be,
in any of paragraphs (1) through (6).
(b) Additional Measure Relating to Facilitation of
Transactions.--The Secretary of the Treasury shall, in
consultation with the Secretary of State, prohibit or impose
strict conditions on the opening or maintaining in the United
States of a correspondent account or payable-through account by
a foreign financial institution that the President determines
has, on or after the date of the enactment of this Act,
knowingly conducted or facilitated a significant transaction or
transactions on behalf of a foreign person sanctioned based on
subsection (a).
(c) Additional Sanctions.--Beginning on the date that is 180
days after the date of the enactment of this Act, the President
shall impose the sanctions described in subsection (d) with
respect to the Myanma Oil and Gas Enterprise.
(d) Sanctions Described.--The sanctions that may be imposed
with respect to a foreign person described in subsection (a)
are the following:
(1) Property blocking.--Notwithstanding the
requirements of section 202 of the International
Emergency Economic Powers Act (50 U.S.C. 1701), the
President may exercise of all powers granted to the
President by that Act to the extent necessary to block
and prohibit all transactions in all property and
interests in property of the foreign person if such
property and interests in property are in the United
States, come within the United States, or are or come
within the possession or control of a United States
person.
(2) Foreign exchange.--The President may, pursuant to
such regulations as the President may prescribe,
prohibit any transactions in foreign exchange that are
subject to the jurisdiction of the United States and in
which the foreign person has any interest.
(3) Visas, admission, or parole.--
(A) In general.--An alien who the Secretary
of State or the Secretary of Homeland Security
(or a designee of one of such Secretaries)
knows, or has reason to believe, is described
in subsection (a) is--
(i) inadmissible to the United
States;
(ii) ineligible for a visa or other
documentation to enter the United
States; and
(iii) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a
designee of one of such Secretaries)
shall, in accordance with section
221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)),
revoke any visa or other entry
documentation issued to an alien
described in clause (i) regardless of
when the visa or other entry
documentation is issued.
(ii) Effect of revocation.--A
revocation under subclause (i)--
(I) shall take effect
immediately; and
(II) shall automatically
cancel any other valid visa or
entry documentation that is in
the alien's possession.
(e) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this
section shall not apply to any authorized intelligence,
law enforcement, or national security activities of the
United States.
(2) Exception to comply with international
obligations.--Sanctions under subsection (d)(3) shall
not apply with respect to the admission of 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) Exception relating to the provision of
humanitarian assistance.--Sanctions under this section
may not be imposed with respect to transactions or the
facilitation of transactions for--
(A) the sale of agricultural commodities,
food, medicine, or medical devices to Burma;
(B) the provision of humanitarian assistance
to the people of Burma;
(C) financial transactions relating to
humanitarian assistance or for humanitarian
purposes in Burma; or
(D) transporting goods or services that are
necessary to carry out operations relating to
humanitarian assistance or humanitarian
purposes in Burma.
(f) Waiver.--The President may, on a case-by-case basis and
for periods not to exceed 180 days each, waive the application
of sanctions or restrictions imposed with respect to a foreign
person under this section if the President certifies to the
appropriate congressional committees not later than 15 days
before such waiver is to take effect that the waiver is vital
to the national security interests of the United States.
(g) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections
203 and 205 of the International Emergency Economic
Powers Act (50 U.S.C. 1702 and 1704) to carry out this
section.
(2) Penalties.--The penalties provided for in
subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C.
1705) shall apply to a person that violates, attempts
to violate, conspires to violate, or causes a violation
of regulations promulgated under section 403(b) to
carry out paragraph (1)(A) to the same extent that such
penalties apply to a person that commits an unlawful
act described in section 206(a) of that Act.
(h) Report.--Not later than 60 days after the date of the
enactment of this Act and annually thereafter for 8 years, the
Secretary of the Treasury, in consultation with the Secretary
of State and the heads of other United States Government
agencies, as appropriate, shall submit to the appropriate
congressional committees a report that--
(1) sets forth the plan of the Department of the
Treasury for ensuring that property blocked pursuant to
subsection (a) or Executive Order 14014 remains
blocked;
(2) describes the primary sources of income to which
the Burmese military has access and that the United
States has been unable to reach using sanctions
authorities;
(3) makes recommendations for how the sources of
income described in paragraph (2) can be reduced or
blocked;
(4) evaluates the implications of imposing sanctions
on the Burmese-government owned Myanmar Oil and Gas
Enterprise, including a determination with respect to
the extent to which sanctions on Myanmar Oil and Gas
Enterprise would advance the interests of the United
States in Burma; and
(5) assesses the impact of the sanctions imposed
pursuant to the authorities under this Act on the
Burmese people and the Burmese military.
SEC. 5923. CERTIFICATION REQUIREMENT FOR REMOVAL OF CERTAIN PERSONS
FROM THE LIST OF SPECIALLY DESIGNATED NATIONALS AND
BLOCKED PERSONS.
(a) In General.--On or after the date of the enactment of
this Act, the President may not remove a person described in
subsection (b) from the list of specially designated nationals
and blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury (commonly referred to
as the ``SDN list'') until the President submits to the
appropriate congressional committees a certification described
in subsection (c) with respect to the person.
(b) Persons Described.--A person described in this subsection
is a foreign person included in the SDN list for violations of
part 525 of title 31, Code of Federal Regulations, or any other
regulations imposing sanctions on or related to Burma.
(c) Certification Described.--A certification described in
this subsection, with respect to a person described in
subsection (b), is a certification that the person has not
knowingly assisted in, sponsored, or provided financial,
material, or technological support for, or financial or other
services to or in support of--
(1) terrorism or a terrorist organization;
(2) a significant foreign narcotics trafficker (as
defined in section 808 of the Foreign Narcotics Kingpin
Designation Act (21 U.S.C. 1907));
(3) a significant transnational criminal organization
under Executive Order 13581 (50 U.S.C. note; relating
to blocking property of transnational criminal
organizations); or
(4) any other person on the SDN list.
(d) Form.--A certification described in subsection (c) shall
be submitted in unclassified form but may include a classified
annex.
SEC. 5924. SANCTIONS AND POLICY COORDINATION FOR BURMA.
(a) In General.--The Secretary of State may designate an
official of the Department of State to serve as the United
States Special Coordinator for Burmese Democracy (in this
section referred to as the ``Special Coordinator'').
(b) Central Objective.--The Special Coordinator should
develop a comprehensive strategy for the implementation of the
full range of United States diplomatic capabilities, including
the provisions of this Act, to promote human rights and the
restoration of civilian government in Burma.
(c) Duties and Responsibilities.--The Special Coordinator
should, as appropriate, assist in--
(1) coordinating the sanctions policies of the United
States under section 5922 with relevant bureaus and
offices within the Department of State and other
relevant United States Government agencies;
(2) conducting relevant research and vetting of
entities and individuals that may be subject to
sanctions under section 5922 and coordinate with other
United States Government agencies and international
financial intelligence units to assist in efforts to
enforce anti-money laundering and anti-corruption laws
and regulations;
(3) promoting a comprehensive international effort to
impose and enforce multilateral sanctions with respect
to Burma;
(4) coordinating with and supporting interagency
United States Government efforts, including efforts of
the United States Ambassador to Burma, the United
States Ambassador to ASEAN, and the United States
Permanent Representative to the United Nations,
relating to--
(A) identifying opportunities to coordinate
with and exert pressure on the governments of
the People's Republic of China and the Russian
Federation to support multilateral action
against the Burmese military;
(B) working with like-minded partners to
impose a coordinated arms embargo on the
Burmese military and targeted sanctions on the
economic interests of the Burmese military,
including through the introduction and adoption
of a United Nations Security Council
resolution;
(C) engaging in direct dialogue with Burmese
civil society, democracy advocates, ethnic
minority representative groups, and
organizations or groups representing the
protest movement and the officials elected in
2020, such as the Committee Representing the
Pyidaungsu Hluttaw, the National Unity
Government, the National Unity Consultative
Council, and their designated representatives;
(D) encouraging the National Unity Government
to incorporate accountability mechanisms in
relation to the atrocities against Rohingya and
other ethnic groups, to take further steps to
make its leadership and membership ethnically
diverse, and to incorporate measures to enhance
ethnic reconciliation and national unity into
its policy agenda;
(E) assisting efforts by the relevant United
Nations Special Envoys and Special Rapporteurs
to secure the release of all political
prisoners in Burma, promote respect for human
rights, and encourage dialogue; and
(F) supporting nongovernmental organizations
operating in Burma and neighboring countries
working to restore civilian democratic rule to
Burma and to address the urgent humanitarian
needs of the people of Burma; and
(5) providing timely input for reporting on the
impacts of the implementation of section 5922 on the
Burmese military and the people of Burma.
(d) Deadline.--If the Secretary of State has not designated
the Special Coordinator by the date that is 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report detailing the reasons for not doing so.
SEC. 5925. SUPPORT FOR GREATER UNITED NATIONS ACTION WITH RESPECT TO
BURMA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United Nations Security Council has not taken
adequate steps to condemn the February 1, 2021, coup in
Burma, pressure the Burmese military to cease its
violence against civilians, or secure the release of
those unjustly detained; and
(2) countries, such as the People's Republic of China
and the Russian Federation, that are directly or
indirectly shielding the Burmese military from
international scrutiny and action, should be obliged to
endure the reputational damage of doing so by taking
public votes on resolutions related to Burma that apply
greater pressure on the Burmese military to restore
Burma to its democratic path.
(3) The United Nations Secretariat and the United
Nations Security Council should take concrete steps to
address the coup and ongoing crisis in Burma consistent
with the UN General Assembly resolution 75/287, ``The
situation in Myanmar,'' which was adopted on June 18,
2021.
(b) Support for Greater Action.--The President shall direct
the United States Permanent Representative to the United
Nations to use the voice, vote, and influence of the United
States to spur greater action by the United Nations and the
United Nations Security Council with respect to Burma by--
(1) pushing the United Nations Security Council to
consider a resolution condemning the February 1, 2021,
coup and calling on the Burmese military to cease its
violence against the people of Burma and release
without preconditions the journalists, pro-democracy
activists, and political officials that it has unjustly
detained;
(2) pushing the United Nations Security Council to
consider a resolution that immediately imposes a global
arms embargo against Burma to ensure that the Burmese
military is not able to obtain weapons and munitions
from other nations to further harm, murder, and oppress
the people of Burma;
(3) pushing the United Nations and other United
Nations authorities to cut off assistance to the
Government of Burma while providing humanitarian
assistance directly to the people of Burma through UN
bodies and civil society organizations, particularly
such organizations working with ethnic minorities that
have been adversely affected by the coup and the
Burmese military's violent crackdown;
(4) objecting to the appointment of representatives
to the United Nations and United Nations bodies such as
the Human Rights Council that are sanctioned by the
Burmese military;
(5) working to ensure the Burmese military is not
recognized as the legitimate government of Burma in any
United Nations body; and
(6) spurring the United Nations Security Council to
consider multilateral sanctions against the Burmese
military for its atrocities against Rohingya and
individuals of other ethnic and religious minorities,
its coup, and the crimes against humanity it has and
continues to commit in the coup's aftermath.
SEC. 5926. SUNSET.
(a) In General.--The authority to impose sanctions and the
sanctions imposed under this title shall terminate on the date
that is 8 years after the date of the enactment of this Act.
(b) Certification for Early Sunset of Sanctions.--Sanctions
imposed under this title may be removed before the date
specified in subsection (a), if the President submits to the
appropriate congressional committees a certification that--
(1) the Burmese military has released all political
prisoners taken into custody on or after February 1,
2021, or is providing legal recourse to those that
remain in custody;
(2) the elected government has been reinstated or new
free and fair elections have been held;
(3) all legal charges against those winning election
in November 2020 are dropped; and
(4) the 2008 constitution of Burma has been amended
or replaced to place the Burmese military under
civilian oversight and ensure that the Burmese military
no longer automatically receives 25 percent of seats in
Burma's state, regional, and national Hluttaws.
Subtitle C--Humanitarian Assistance and Civil Society Support With
Respect to Burma
SEC. 5931. SUPPORT TO CIVIL SOCIETY AND INDEPENDENT MEDIA.
(a) Authorization to Provide Support.--The Secretary of State
and the Administrator of the United States Agency for
International Development are authorized to provide support to
civil society in Burma, Bangladesh, Thailand, and the
surrounding region, including by--
(1) ensuring the safety of democracy activists, civil
society leaders, independent media, participants in the
Civil Disobedience Movement, and government defectors
exercising their fundamental rights by--
(A) supporting safe houses for those under
threat of arbitrary arrest or detention;
(B) providing access to secure channels for
communication;
(C) assisting individuals forced to flee from
Burma and take shelter in neighboring
countries, including in ensuring protection
assistance and non-refoulement; and
(D) providing funding to organizations that
equip activists, civil society organizations,
and independent media with consistent, long-
term technical support on physical and digital
security in local languages;
(2) supporting democracy activists in their efforts
to promote freedom, democracy, and human rights in
Burma, by--
(A) providing aid and training to democracy
activists in Burma;
(B) providing aid to individuals and groups
conducting democracy programming outside of
Burma targeted at a peaceful transition to
constitutional democracy inside Burma;
(C) providing aid and assistance to
independent media outlets and journalists and
groups working to protect internet freedom and
maintain independent media;
(D) expanding radio and television
broadcasting into Burma; and
(E) providing financial support to civil
society organizations and nongovernmental
organizations led by members of ethnic and
religious minority groups within Burma and its
cross-border regions;
(3) assisting ethnic minority groups and civil
society in Burma to further prospects for justice,
reconciliation, and sustainable peace; and
(4) promoting ethnic minority inclusion and
participation in political processes in Burma.
(b) Authorization of Appropriations.--There are authorized to
be appropriated $50,000,000 to carry out the provisions of this
section for each of fiscal years 2023 through 2027.
SEC. 5932. HUMANITARIAN ASSISTANCE AND RECONCILIATION.
(a) Authorization to Provide Humanitarian Assistance.--The
Secretary of State and the Administrator of the United States
Agency for International Development are authorized to provide
humanitarian assistance and reconciliation activities for
ethnic groups and civil society organizations in Burma,
Bangladesh, Thailand, and the surrounding region, including--
(1) assistance for victims of violence by the Burmese
military, including Rohingya and individuals from other
ethnic minorities displaced or otherwise affected by
conflict, in Burma, Bangladesh, Thailand, and the
surrounding region;
(2) support for voluntary resettlement or
repatriation of displaced individuals in Burma, upon
the conclusion of genuine agreements developed and
negotiated with the involvement and consultation of the
displaced individuals and if resettlement or
repatriation is safe, voluntary, and dignified;
(3) support for the promotion of ethnic and religious
tolerance, improving social cohesion, combating gender-
based violence, increasing the engagement of women in
peacebuilding, and mitigating human rights violations
and abuses against children;
(4) support for--
(A) primary, secondary, and tertiary
education for displaced children living in
areas of Burma affected by conflict; and
(B) refugee camps in the surrounding region
and opportunities to access to higher education
in Bangladesh and Thailand;
(5) capacity-building support--
(A) to ensure that displaced individuals are
consulted and participate in decision-making
processes affecting the displaced individuals;
and
(B) for the creation of mechanisms to
facilitate the participation of displaced
individuals in such processes; and
(6) increased humanitarian aid to Burma to address
the dire humanitarian situation that has uprooted
170,000 people through--
(A) international aid partners;
(B) the International Committee of the Red
Cross; and
(C) cross-border aid.
(b) Authorization of Appropriations.--There are authorized to
be appropriated $220,500,000 to carry out the provisions of
this section for fiscal year 2023.
SEC. 5933. AUTHORIZATION OF ASSISTANCE FOR BURMA POLITICAL PRISONERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the freedom of expression, including for members
of the press, is an inalienable right and should be
upheld and protected in Burma and everywhere;
(2) the Burmese military must immediately cease the
arbitrary arrest, detention, imprisonment, and physical
attacks of journalists, which have created a climate of
fear and self-censorship among local journalists;
(3) the Government of Burma should repeal or amend
all laws that violate the right to freedom of
expression, peaceful assembly, or association, and
ensure that laws such as the Telecommunications Law of
2013 and the Unlawful Associations Act of 1908, and
laws relating to the right to peaceful assembly all
comply with Burma's human rights obligations;
(4) all prisoners of conscience and political
prisoners in Burma should be unconditionally and
immediately released;
(5) the Burmese military should immediately and
unconditionally release Danny Fenster and other
journalists unjustly detained for their work;
(6) the Government of Burma must immediately drop
defamation charges against all individuals unjustly
detained, including the three Kachin activists, Lum
Zawng, Nang Pu, and Zau Jet, who led a peaceful rally
in Mytkyina, the capital of Kachin State in April 2018,
and that the prosecution of Lum Zawng, Nang Pu, and Zau
Jet is an attempt by Burmese authorities to intimidate,
harass, and silence community leaders and human rights
defenders who speak out about military abuses and their
impact on civilian populations; and
(7) the United States Government should use all
diplomatic tools to seek the unconditional and
immediate release of all prisoners of conscience and
political prisoners in Burma.
(b) Political Prisoners Assistance.--The Secretary of State
is authorized to continue to provide assistance to civil
society organizations in Burma that work to secure the release
of and support prisoners of conscience and political prisoners
in Burma, including--
(1) support for the documentation of human rights
violations with respect to prisoners of conscience and
political prisoners;
(2) support for advocacy in Burma to raise awareness
of issues relating to prisoners of conscience and
political prisoners;
(3) support for efforts to repeal or amend laws that
are used to imprison individuals as prisoners of
conscience or political prisoners;
(4) support for health, including mental health, and
post-incarceration assistance in gaining access to
education and employment opportunities or other forms
of reparation to enable former prisoners of conscience
and political prisoners to resume normal lives; and
(5) the creation, in consultation with former
political prisoners and prisoners of conscience, their
families, and their representatives, of an independent
prisoner review mechanism in Burma--
(A) to review the cases of individuals who
may have been charged or deprived of their
liberty for peacefully exercising their human
rights;
(B) to review all laws used to arrest,
prosecute, and punish individuals as political
prisoners and prisoners of conscience; and
(C) to provide recommendations to the
Government of Burma for the repeal or amendment
of all such laws.
(c) Termination.--The authority to provide assistance under
this section shall terminate on the date that is 8 years after
the date of the enactment of this Act.
Subtitle D--Accountability for Human Rights Abuses
SEC. 5941. REPORT ON ACCOUNTABILITY FOR WAR CRIMES, CRIMES AGAINST
HUMANITY, AND GENOCIDE IN BURMA.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to continue the support of ongoing mechanisms and
special procedures of the United Nations Human Rights
Council, including the United Nations Independent
Investigative Mechanism for Myanmar and the Special
Rapporteur on the situation of human rights in Myanmar;
and
(2) to refute the credibility and impartiality of
efforts sponsored by the Government of Burma, such as
the Independent Commission of Enquiry, unless the
United States Ambassador at Large for Global Criminal
Justice determines the efforts to be credible and
impartial and notifies the appropriate congressional
committees in writing and in unclassified form
regarding that determination.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, after
consultation with the heads of other United States Government
agencies and representatives of human rights organizations, as
appropriate, shall submit to the appropriate congressional
committees a report that--
(1) evaluates the persecution of Rohingya in Burma by
the Burmese military;
(2) after consulting with the Atrocity Early Warning
Task Force, or any successor entity or office, provides
a detailed description of any proposed atrocity
prevention response recommended by the Task Force as it
relates to Burma;
(3) summarizes any atrocity crimes committed against
Rohingya or members of other ethnic minority groups in
Burma between 2012 and the date of the submission of
the report;
(4) describes any potential transitional justice
mechanisms for Burma;
(5) provides an analysis of whether the reports
summarized under paragraph (3) amount to war crimes,
crimes against humanity, or genocide;
(6) includes an assessment on which events that took
place in the state of Rakhine in Burma, starting on
August 25, 2017, constitute war crimes, crimes against
humanity, or genocide; and
(7) includes a determination with respect to whether
events that took place during or after the coup of
February 1, 2021, in any state in Burma constitute war
crimes or crimes against humanity.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) A description of--
(A) credible evidence of events that may
constitute war crimes, crimes against humanity,
or genocide committed by the Burmese military
against Rohingya and members of other ethnic
minority groups, including the identities of
any other actors involved in the events;
(B) the role of the civilian government in
the commission of any events described in
subparagraph (A);
(C) credible evidence of events of war
crimes, crimes against humanity, or genocide
committed by other armed groups in Burma;
(D) attacks on health workers, health
facilities, health transport, or patients and,
to the extent possible, the identities of any
individuals who engaged in or organized such
attacks in Burma; and
(E) to the extent possible, the conventional
and unconventional weapons used for any events
or attacks described in this paragraph and the
sources of such weapons.
(2) In consultation with the Administrator of the
United States Agency for International Development, the
Attorney General, and heads of any other appropriate
United States Government agencies, as appropriate, a
description and assessment of the effectiveness of any
efforts undertaken by the United States to promote
accountability for war crimes, crimes against humanity,
and genocide perpetrated against Rohingya by the
Burmese military, the government of the Rakhine State,
pro-government militias, or other armed groups
operating in the Rakhine State, including efforts--
(A) to train civilian investigators, within
and outside of Burma and Bangladesh, to
document, investigate, develop findings of,
identify, and locate alleged perpetrators of
war crimes, crimes against humanity, or
genocide in Burma;
(B) to promote and prepare for a transitional
justice mechanism for the perpetrators of war
crimes, crimes against humanity, and genocide
occurring in the Rakhine State in 2017; and
(C) to document, collect, preserve, and
protect evidence of war crimes, crimes against
humanity, and genocide in Burma, including by--
(i) providing support for ethnic
Rohingya, Shan, Rakhine, Kachin, Chin,
and Kayin and other ethnic minorities;
(ii) Burmese, Bangladeshi, foreign,
and international nongovernmental
organizations;
(iii) the Independent Investigative
Mechanism for Myanmar; and
(iv) other entities engaged in
investigative activities with respect
to war crimes, crimes against humanity,
and genocide in Burma.
(3) A detailed study of the feasibility and
desirability of a transitional justice mechanism for
Burma, such as an international tribunal, a hybrid
tribunal, or other options, that includes--
(A) a discussion of the use of universal
jurisdiction or of legal cases brought against
Burma by other countries at the International
Court of Justice regarding any atrocity crimes
perpetrated in Burma;
(B) recommendations for any transitional
justice mechanism the United States should
support, the reason the mechanism should be
supported, and the type of support that should
be offered; and
(C) consultation regarding transitional
justice mechanisms with representatives of
Rohingya and individuals from other ethnic
minority groups who have suffered human rights
violations and abuses.
(d) Protection of Witnesses and Evidence.--The Secretary of
State shall seek to ensure that the identification of witnesses
and physical evidence used for the report required by this
section are not publicly disclosed in a manner that might place
witnesses at risk of harm or encourage the destruction of
evidence by the military or government of Burma.
(e) Form of Report; Public Availability.--
(1) Form.--The report required by subsection (b)
shall be submitted in unclassified form but may include
a classified annex.
(2) Public availability.--The unclassified portion of
the report required by subsection (b) shall be posted
on a publicly available internet website.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
SEC. 5942. AUTHORIZATION TO PROVIDE TECHNICAL ASSISTANCE FOR EFFORTS
AGAINST HUMAN RIGHTS ABUSES.
(a) In General.--The Secretary of State is authorized to
provide assistance to support appropriate civilian or
international entities that--
(1) identify suspected perpetrators of war crimes,
crimes against humanity, and genocide;
(2) collect, document, and protect evidence of crimes
and preserving the chain of custody for such evidence;
(3) conduct criminal investigations of such crimes;
and
(4) support investigations conducted by other
countries, and by entities mandated by the United
Nations, such as the Independent Investigative
Mechanism for Myanmar.
(b) Authorization for Transitional Justice Mechanisms.--The
Secretary of State, taking into account any relevant findings
in the report submitted under section 5942, is authorized to
provide support for the establishment and operation of
transitional justice mechanisms, including a hybrid tribunal,
to prosecute individuals suspected of committing war crimes,
crimes against humanity, or genocide in Burma.
Subtitle E--Sanctions Exception Relating to Importation of Goods
SEC. 5951. SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In 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.
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585. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. 5306. 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.
----------
586. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. __. CONSULTATIONS ON REUNITING KOREAN AMERICANS WITH FAMILY
MEMBERS IN NORTH KOREA.
(a) Consultations.--
(1) Consultations with south korea.--The Secretary of
State, or a designee of the Secretary, should consult
with officials of South Korea, as appropriate, on
potential opportunities to reunite Korean American
families with family members in North Korea from which
such Korean American families were divided after the
signing of the Korean War Armistice Agreement,
including potential opportunities for video reunions
for Korean Americans with such family members.
(2) Consultations with korean americans.--The Special
Envoy on North Korean Human Rights Issues of the
Department of State should regularly consult with
representatives of Korean Americans who have family
members in North Korea with respect to efforts to
reunite families divided after the signing of the
Korean War Armistice Agreement, including potential
opportunities for video reunions for Korean Americans
with such family members.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter, the Secretary
of State, acting through the Special Envoy on North Korean
Human Rights Issues, 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 consultations
conducted pursuant to this section during the preceding year.
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587. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
At the end of title LI of division E, insert the following
new section:
SEC. 51__. 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.
----------
588. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. SECURE ACCESS TO SANITATION FACILITIES FOR WOMEN AND GIRLS.
Subsection (a) of section 501 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2601
note) is amended--
(1) by redesignating paragraphs (6) through (11) as
paragraphs (7) through (12), respectively; and
(2) by inserting after paragraph (5) the following
new paragraph:
``(6) the provision of safe and secure access to
sanitation facilities, with a special emphasis on
women, girls, and vulnerable populations.''.
----------
589. An Amendment To Be Offered by Representative Mfume of Maryland or
His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8__. EXTENSION OF TRANSFER DATE FOR THE VERIFICATION OF SMALL
BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS
OR SERVICE-DISABLED VETERANS TO THE SMALL BUSINESS
ADMINISTRATION.
Section 862(a) of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 15 U.S.C. 657f) by
striking ``means'' and all that follows through the period at
the end and inserting ``means January 1, 2024.''.
----------
590. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
At the end of title LV of division E, add the following:
SEC. 5505. ESTABLISHMENT OF FUND.
(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Secretary shall enter into a
cooperative agreement with the Foundation to establish the
Community Resilience and Restoration Fund at the Foundation
to--
(1) improve community safety in the face of climactic
extremes through conservation and protection of
restoration and resilience lands;
(2) to protect, conserve, and restore restoration and
resilience lands in order to help communities respond
and adapt to natural threats, including wildfire,
drought, extreme heat, and other threats posed or
exacerbated by the impacts of global climate;
(3) to build the resilience of restoration and
resilience lands to adapt to, recover from, and
withstand natural threats, including wildfire, drought,
extreme heat, and other threats posed or exacerbated by
the impacts of global climate change;
(4) to protect and enhance the biodiversity of
wildlife populations across restoration and resilience
lands;
(5) to support the health of restoration and
resilience lands for the benefit of present and future
generations;
(6) to foster innovative, nature-based solutions that
help meet the goals of this section; and
(7) to enhance the nation's natural carbon
sequestration capabilities and help communities
strengthen natural carbon sequestration capacity where
applicable.
(b) Management of the Fund.--The Foundation shall manage the
Fund--
(1) pursuant to the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3701 et seq.);
and
(2) in such a manner that, to the greatest extent
practicable and consistent with the purposes for which
the Fund is established--
(A) ensures that amounts made available
through the Fund are accessible to historically
underserved communities, including Tribal
communities, communities of color, and rural
communities; and
(B) avoids project selection and funding
overlap with those projects and activities that
could otherwise receive funding under--
(i) the National Oceans and Coastal
Security Fund, established under the
National Oceans and Coastal Security
Act (16 U.S.C. 7501); or
(ii) other coastal management focused
programs.
(c) Competitive Grants.--
(1) In general.--To the extent amounts are available
in the Fund, the Foundation shall award grants to
eligible entities through a competitive grant process
in accordance with procedures established pursuant to
the National Fish and Wildlife Foundation Establishment
Act (16 U.S.C. 3701 et seq.) to carry out eligible
projects and activities, including planning eligible
projects and activities.
(2) Proposals.--The Foundation, in coordination with
the Secretary, shall establish requirements for
proposals for competitive grants under this section.
(d) Use of Amounts in the Fund.--
(1) Planning.--Not less than 8 percent of amounts
appropriated annually to the Fund may be used to plan
eligible projects and activities, including capacity
building.
(2) Administrative costs.--Not more than 4 percent of
amounts appropriated annually to the Fund may be used
by the Foundation for administrative expenses of the
Fund or administration of competitive grants offered
under the Fund.
(3) Priority.--Not less than $10,000,000 shall be
awarded annually to support eligible projects and
activities for Indian Tribes.
(4) Coordination.--The Secretary and Foundation shall
ensure, to the greatest extent practicable and through
meaningful consultation, that input from Indian Tribes,
including traditional ecological knowledge, is
incorporated in the planning and execution of eligible
projects and activities.
(e) Reports.--
(1) Annual reports.--Beginning at the end the first
full fiscal year after the date of enactment of this
section, and not later than 60 days after the end of
each fiscal year in which amounts are deposited into
the Fund, the Foundation shall submit to the Secretary
a report on the operation of the Fund including--
(A) an accounting of expenditures made under
the Fund, including leverage and match where
applicable;
(B) an accounting of any grants made under
the Fund, including a list of recipients and a
brief description of each project and its
purposes and goals; and
(C) measures and metrics to track benefits
created by grants administered under the Fund,
including enhanced biodiversity, water quality,
natural carbon sequestration, and resilience.
(2) 5-Year reports.--Not later than 90 days after the
end of the fifth full fiscal year after the date of
enactment of this section, and not later than 90 days
after the end every fifth fiscal year thereafter, the
Foundation shall submit to the Secretary a report
containing--
(A) a description of any socioeconomic,
biodiversity, community resilience, or climate
resilience or mitigation (including natural
carbon sequestration), impacts generated by
projects funded by grants awarded by the Fund,
including measures and metrics illustrating
these impacts;
(B) a description of land health benefits
derived from projects funded by grants awarded
by the Fund, including an accounting of--
(i) lands treated for invasive
species;
(ii) lands treated for wildfire
threat reduction, including those
treated with controlled burning or
other natural fire-management
techniques; and
(iii) lands restored either from
wildfire or other forms or degradation,
including over-grazing and
sedimentation;
(C) key findings for Congress, including any
recommended changes to the authorization or
purposes of the Fund;
(D) best practices for other Federal agencies
in the administration of funds intended for
land and habitat restoration;
(E) information on the use and outcome of
funds specifically set aside for planning and
capacity building pursuant to section 6; and
(F) any other information that the Foundation
considers relevant.
(3) Submission of reports to congress.--Not later
than 10 days after receiving a report under this
section, the Secretary shall submit the report to the
Committee on Natural Resources of the House of
Representatives and the Committee on Environment and
Public Works of the Senate.
(4) Authorization of appropriations.--There is hereby
authorized to be appropriated to the Fund $100,000,000
for each of fiscal years 2023 through 2028 to carry out
this section.
(f) Definitions.--For purposes of this section:
(1) The term ``eligible entity'' means a Federal
agency, State, the District of Columbia, a territory of
the United States, a unit of local government, an
Indian Tribe, a non-profit organization, or an
accredited institution of higher education.
(2) The term ``eligible projects and activities''
means projects and activities carried out by an
eligible entity on public lands, tribal lands, or
private land, or any combination thereof, to further
the purposes for which the Fund is established,
including planning and capacity building and projects
and activities carried out in coordination with
Federal, State, or tribal departments or agencies, or
any department or agency of a subdivision of a State.
(3) The term ``Foundation'' means the National Fish
and Wildlife Foundation established under the National
Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.).
(4) The term ``Fund'' means the Community Resilience
and Restoration Fund established under subsection (a).
(5) The term ``Indian Tribe'' means the governing
body of any individually identified and federally
recognized Indian or Alaska Native Tribe, band, nation,
pueblo, village, community, affiliated Tribal group, or
component reservation in the list published pursuant to
section 104(a) of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 5131(a)).
(6) The term ``restoration and resilience lands''
means fish, wildlife, and plant habitats, and other
important natural areas in the United States, on public
lands, private land (after obtaining proper consent
from the landowner), or land of Indian Tribes,
including grasslands, shrublands, prairies, chapparal
lands, forest lands, deserts, and riparian or wetland
areas within or adjacent to these ecosystems.
(7) The term ``public lands'' means lands owned or
controlled by the United States.
(8) The term ``Secretary'' means the Secretary of the
Interior, acting through the Director of the United
States Fish and Wildlife Service.
(9) The term ``State'' means a State of the United
States, the District of Columbia, any Indian Tribe, and
any commonwealth, territory, or possession of the
United States.
----------
591. An Amendment To Be Offered by Representative Neguse of Colorado or
His Designee, Debatable for 10 Minutes
Page 1236, after line 17, insert the following:
SEC. ___. IMPROVING PROCESSING BY THE DEPARTMENT OF VETERANS AFFAIRS OF
DISABILITY CLAIMS FOR POST-TRAUMATIC STRESS
DISORDER.
(a) Training for Claims Processors Who Handle Claims Relating
to Post-traumatic Stress Disorder.--
(1) Update training programs.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Veterans Affairs (in this section referred
to as the ``Secretary'') shall, acting through the
Under Secretary for Benefits (in this section referred
to as the ``Under Secretary''), update an ongoing,
national training program for claims processors who
review claims for compensation for service-connected
post-traumatic stress disorder.
(2) Participation required.--Beginning on the date
that is 180 days after the date of the enactment of
this Act, the Secretary shall require that each claims
processor described in paragraph (1) participates in
the training established under paragraph (1) at least
once each year beginning in the second year in which
the claims processor carries out the duties of the
claims processor for the Department.
(3) Required elements.--The training established
under paragraph (1) shall include instruction on
stressor development and verification.
(b) Standardization of Training at Regional Offices.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary, acting through the Under Secretary, shall
standardize the training provided at regional offices of the
Veterans Benefits Administration to the employees of such
regional offices.
(c) Formal Process for Conduct of Annual Analysis of
Trends.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, acting through the Under
Secretary, shall establish a formal process to analyze, on an
annual basis, training needs based on identified processing
error trends.
(d) Formal Process for Conduct of Annual Studies.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary,
acting through the Under Secretary, shall establish a
formal process to conduct, on an annual basis, studies
to help guide the national training program established
under subsection (a)(1).
(2) Elements.--Each study conducted under paragraph
(1) shall cover the following:
(A) Military post-traumatic stress disorder
stressors.
(B) Decision-making claims for claims
processors.
(e) Annual Updates to Post-traumatic Stress Disorder
Procedural Guidance.--Not later than 180 days after the date of
the enactment of this Act and not less frequently than once
each year thereafter, the Secretary, acting through the Under
Secretary, shall evaluate the guidance relating to post-
traumatic stress disorder to determine if updates are warranted
to provide claims processors of the Department with better
resources regarding best practices for claims processing,
including specific guidance regarding development of claims
involving compensation for service-connected post-traumatic
stress disorder.
----------
592. An Amendment To Be Offered by Representative Newman of Illinois or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII 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.
----------
593. An Amendment To Be Offered by Representative Ocasio-Cortez of New
York or Her Designee, Debatable for 10 Minutes
Page 1262, after line 23, insert the following:
SEC. __. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT
RESTRUCTURING OR RELIEF TO DEVELOPING COUNTRIES
WITH UNSUSTAINABLE LEVELS OF DEBT.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding
at the end the following:
``SEC. 1632. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE DEBT
RESTRUCTURING OR RELIEF TO DEVELOPING COUNTRIES
WITH UNSUSTAINABLE LEVELS OF DEBT.
``(a) Debt Relief.--The Secretary of the Treasury, in
consultation with the Secretary of State, shall--
``(1) engage with international financial
institutions, the G20, and official and commercial
creditors to advance support for prompt and effective
implementation and improvement of the Common Framework
for Debt Treatments beyond the DSSI (in this section
referred to as the `Common Framework'), or any
successor framework or similar coordinated
international debt treatment process in which the
United States participates through the establishment
and publication of clear and accountable--
``(A) debt treatment benchmarks designed to
achieve debt sustainability for each
participating debtor;
``(B) standards for appropriate burden-
sharing among all creditors with material
claims on each participating debtor, without
regard for their official, private, or hybrid
status;
``(C) robust debt disclosure by creditors,
including the People's Republic of China, and
debtor countries, including inter-creditor
data-sharing and, to the maximum extent
practicable, public disclosure of material
terms and conditions of claims on participating
debtors;
``(D) expansion of Common Framework country
eligibility to lower middle-income countries
who otherwise meet the existing criteria;
``(E) improvements to the Common Framework
process with the aim of ensuring access to debt
relief in a timely manner for those countries
eligible and who request treatment; and
``(F) consistent enforcement and improvement
of the policies of multilateral institutions
relating to asset-based and revenue-based
borrowing by participating debtors, and
coordinated standards on restructuring
collateralized debt;
``(2) engage with international financial
institutions and official and commercial creditors to
advance support, as the Secretary finds appropriate,
for debt restructuring or debt relief for each
participating debtor, including, on a case-by-case
basis, a debt standstill, if requested by the debtor
country through the Common Framework process from the
time of conclusion of a staff-level agreement with the
International Monetary Fund, and until the conclusion
of a memorandum of understanding with its creditor
committee pursuant to the Common Framework, or any
successor framework or similar coordinated
international debt treatment process in which the
United States participates; and
``(3) instruct the United States Executive Director
at the International Monetary Fund and the United
States Executive Director at the World Bank to use the
voice and vote of the United States to advance the
efforts described in paragraphs (1) and (2).
``(b) Reporting Requirement.--Not later than 120 days after
the date of the enactment of this section, and annually
thereafter, the Secretary of the Treasury, in coordination with
the Secretary of State, 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 that
describes--
``(1) any actions that have been taken, in
coordination with international financial institutions,
by official creditors, including the government of, and
state-owned enterprises in, the People's Republic of
China, and relevant commercial creditor groups to
advance debt restructuring or relief for countries with
unsustainable debt that have sought restructuring or
relief under the Common Framework, any successor
framework or mechanism, or under any other coordinated
international arrangement for sovereign debt
restructuring in which the United States participates;
``(2) any implementation challenges that hinder the
ability of the Common Framework to provide timely debt
restructuring for any country with unsustainable debt
that seeks debt restructuring or debt payment relief,
including any refusal of a creditor to participate in
appropriate burden-sharing, including failure to share
(or publish, as appropriate) all material information
needed to assess debt sustainability; and
``(3) recommendations on how to address any
challenges identified in paragraph (2).''.
(b) Sunset.--The amendment made by subsection (a) is repealed
effective on the date that is 5 years after the effective date
of this section.
----------
594. An Amendment To Be Offered by Representative O'Halleran of Arizona
or His Designee, Debatable for 10 Minutes
At the end of subtitle _ of title _, insert the following:
SEC. __. BLACKWATER TRADING POST LAND.
(a) Definitions.--In this section:
(1) The term ``Blackwater Trading Post Land'' means
the approximately 55.3 acres of land as depicted on the
map that--
(A) is located in Pinal County, Arizona, and
bordered by Community land to the east, west,
and north and State Highway 87 to the south;
and
(B) is owned by the Community.
(2) The term ``Community'' means the Gila River
Indian Community of the Reservation.
(3) The term ``map'' means the map entitled ``Results
of Survey, Ellis Property, A Portion of the West \1/2\
of Section 12, Township 5 South, Range 7 East, Gila and
Salt River Meridian, Pinal County, Arizona'' and dated
October 15, 2012.
(4) The term ``Reservation'' means the land located
within the exterior boundaries of the reservation
created under sections 3 and 4 of the Act of February
28, 1859 (11 Stat. 401, chapter LXVI), and Executive
orders of August 31, 1876, June 14, 1879, May 5, 1882,
November 15, 1883, July 31, 1911, June 2, 1913, August
27, 1914, and July 19, 1915, and any other lands placed
in trust for the benefit of the Community.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(b) Land Taken Into Trust for Benefit of the GILA River
Indian Community.--
(1) In general.--The Secretary shall take the
Blackwater Trading Post land into trust for the benefit
of the Community, after the Community--
(A) conveys to the Secretary all right,
title, and interest of the Community in and to
the Blackwater Trading Post Land;
(B) submits to the Secretary a request to
take the Blackwater Trading Post Land into
trust for the benefit of the Community;
(C) conducts a survey (to the satisfaction of
the Secretary) to determine the exact acreage
and legal description of the Blackwater Trading
Post Land, if the Secretary determines a survey
is necessary; and
(D) pays all costs of any survey conducted
under subparagraph (C).
(2) Availability of map.--Not later than 180 days
after the Blackwater Trading Post Land is taken into
trust under paragraph (1), the map shall be on file and
available for public inspection in the appropriate
offices of the Secretary.
(3) Lands taken into trust part of reservation.--
After the date on which the Blackwater Trading Post
Land is taken into trust under paragraph (1), the land
shall be treated as part of the Reservation.
(4) Gaming.--Class II and class III gaming under the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)
shall not be allowed at any time on the land taken into
trust under paragraph (1).
(5) Description.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
cause the full metes-and-bounds description of the
Blackwater Trading Post Land to be published in the
Federal Register. The description shall, on
publication, constitute the official description of the
Blackwater Trading Post Land.
(c) CERCLA Compliance.--In carrying out this section, the
Secretary shall comply with section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9620(h)).
----------
595. An Amendment To Be Offered by Representative Pappas of New
Hampshire or His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__. REGISTRY OF INDIVIDUALS EXPOSED TO PER- AND POLYFLUOROALKYL
SUBSTANCES ON MILITARY INSTALLATIONS.
(a) Establishment of Registry.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Veterans Affairs shall--
(A) establish and maintain a registry for
eligible individuals who may have been exposed
to per- and polyfluoroalkyl substances (in this
section referred to as ``PFAS'') due to the
environmental release of aqueous film-forming
foam (in this section referred to as ``AFFF'')
on military installations to meet the
requirements of military specification MIL-F-
24385F;
(B) include any information in such registry
that the Secretary of Veterans Affairs
determines necessary to ascertain and monitor
the health effects of the exposure of members
of the Armed Forces to PFAS associated with
AFFF;
(C) develop a public information campaign to
inform eligible individuals about the registry,
including how to register and the benefits of
registering; and
(D) periodically notify eligible individuals
of significant developments in the study and
treatment of conditions associated with
exposure to PFAS.
(2) Coordination.--The Secretary of Veterans Affairs
shall coordinate with the Secretary of Defense in
carrying out paragraph (1).
(b) Reports.--
(1) Initial report.--Not later than two years after
the date on which the registry under subsection (a) is
established, the Secretary of Veterans Affairs shall
submit to Congress an initial report containing the
following:
(A) An assessment of the effectiveness of
actions taken by the Secretary of Veterans
Affairs and the Secretary of Defense to collect
and maintain information on the health effects
of exposure to PFAS.
(B) Recommendations to improve the collection
and maintenance of such information.
(C) Using established and previously
published epidemiological studies,
recommendations regarding the most effective
and prudent means of addressing the medical
needs of eligible individuals with respect to
exposure to PFAS.
(2) Follow-up report.--Not later than five years
after submitting the initial report under paragraph
(1), the Secretary of Veterans Affairs shall submit to
Congress a follow-up report containing the following:
(A) An update to the initial report submitted
under paragraph (1).
(B) An assessment of whether and to what
degree the content of the registry established
under subsection (a) is current and
scientifically up-to-date.
(3) Independent scientific organization.--The
Secretary of Veterans Affairs shall enter into an
agreement with an independent scientific organization
to prepare the reports under paragraphs (1) and (2).
(c) Recommendations for Additional Exposures to Be
Included.--Not later than five years after the date of the
enactment of this Act, and every five years thereafter, the
Secretary of Veterans Affairs, in consultation with the
Secretary of Defense and the Administrator of the Environmental
Protection Agency, shall submit to Congress recommendations for
additional chemicals with respect to which individuals exposed
to such chemicals should be included in the registry
established under subsection (a).
(d) Eligible Individual Defined.--In this section, the term
``eligible individual'' means any individual who, on or after a
date specified by the Secretary of Veterans Affairs through
regulations, served or is serving in the Armed Forces at a
military installation where AFFF was used or at another
location of the Department of Defense where AFFF was used.
----------
596. An Amendment To Be Offered by Representative Payne, Jr. of New
Jersey or His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. PAYMENT CHOICE.
(a) Sense of Congress.--It is the sense of Congress that
every consumer has the right to use cash at retail businesses
who accept in-person payments.
(b) Retail Businesses Prohibited From Refusing Cash
Payments.--
(1) In general.--Subchapter I of chapter 51 of title
31, United States Code, is amended by adding at the end
the following:
``Sec. 5104. Retail businesses prohibited from refusing cash payments.
``(a) In General.--Any person engaged in the business of
selling or offering goods or services at retail to the public
with a person accepting in-person payments at a physical
location (including a person accepting payments for telephone,
mail, or internet-based transactions who is accepting in-person
payments at a physical location)--
``(1) shall accept cash as a form of payment for
sales of less than $2,000 (or, for loan payments,
payments made on a loan with an original principal
amount of less than $2,000) made at such physical
location; and
``(2) may not charge cash-paying customers a higher
price compared to the price charged to customers not
paying with cash.
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to
a person if such person--
``(A) is unable to accept cash because of--
``(i) a sale system failure that
temporarily prevents the processing of
cash payments; or
``(ii) a temporary insufficiency in
cash on hand needed to provide change;
or
``(B) provides customers with the means, on
the premises, to convert cash into a card that
is either a general-use prepaid card, a gift
card, or an access device for electronic fund
transfers for which--
``(i) there is no fee for the use of
the card;
``(ii) there is not a minimum deposit
amount greater than 1 dollar;
``(iii) amounts loaded on the card do
not expire, except as permitted under
paragraph (2);
``(iv) there is no collection of any
personal identifying information from
the customer;
``(v) there is no fee to use the
card; and
``(iv) there may be a limit to the
number of transactions.
``(2) Inactivity.--A person seeking exception from
subsection (a) may charge an inactivity fee in
association with a card offered by such person if--
``(A) there has been no activity with respect
to the card during the 12-month period ending
on the date on which the inactivity fee is
imposed;
``(B) not more than 1 inactivity fee is
imposed in any 1-month period; and
``(C) it is clearly and conspicuously stated,
on the face of the mechanism that issues the
card and on the card--
``(i) that an inactivity fee or
charge may be imposed;
``(ii) the frequency at which such
inactivity fee may be imposed; and
``(iii) the amount of such inactivity
fee.
``(c) Right to Not Accept Large Bills.--
``(1) In general.--Notwithstanding subsection (a),
for the 5-year period beginning on the date of
enactment of this section, this section shall not
require a person to accept cash payments in $50 bills
or any larger bill.
``(2) Rulemaking.--
``(A) In general.--The Secretary of the
Treasury, in this section referred to as the
Secretary, shall issue a rule on the date that
is 5 years after the date of the enactment of
this section with respect to any bills a person
is not required to accept.
``(B) Requirement.--When issuing a rule under
subparagraph (A), the Secretary shall require
persons to accept $1, $5, $10, $20, and $50
bills.
``(d) Enforcement.--
``(1) Preventative relief.--Whenever any person has
engaged, or there are reasonable grounds to believe
that any person is about to engage, in any act or
practice prohibited by this section, a civil action for
preventive relief, including an application for a
permanent or temporary injunction, restraining order,
or other order may be brought against such person.
``(2) Civil penalties.--Any person who violates this
section shall--
``(A) be liable for actual damages;
``(B) be fined not more than $2,500 for a
first offense; and
``(C) be fined not more than $5,000 for a
second or subsequent offense.
``(3) Jurisdiction.--An action under this section may
be brought in any United States district court, or in
any other court of competent jurisdiction.
``(4) Intervention of attorney general.--Upon timely
application, a court may, in its discretion, permit the
Attorney General to intervene in a civil action brought
under this subsection, if the Attorney General
certifies that the action is of general public
importance.
``(5) Authority to appoint court-paid attorney.--Upon
application by an individual and in such circumstances
as the court may determine just, the court may appoint
an attorney for such individual and may authorize the
commencement of a civil action under this subsection
without the payment of fees, costs, or security.
``(6) Attorney's fees.--In any action commenced
pursuant to this section, the court, in its discretion,
may allow the prevailing party, other than the United
States, a reasonable attorney's fee as part of the
costs, and the United States shall be liable for costs
the same as a private person.
``(7) Requirements in certain states and local
areas.--In the case of an alleged act or practice
prohibited by this section which occurs in a State, or
political subdivision of a State, which has a State or
local law prohibiting such act or practice and
establishing or authorizing a State or local authority
to grant or seek relief from such act or practice or to
institute criminal proceedings with respect thereto
upon receiving notice thereof, no civil action may be
brought hereunder before the expiration of 30 days
after written notice of such alleged act or practice
has been given to the appropriate State or local
authority by registered mail or in person, provided
that the court may stay proceedings in such civil
action pending the termination of State or local
enforcement proceedings.
``(e) Greater Protection Under State Law.--This section shall
not preempt any law of a State, the District of Columbia, a
Tribal government, or a territory of the United States if the
protections that such law affords to consumers are greater than
the protections provided under this section.
``(f) Rulemaking.--The Secretary shall issue such rules as
the Secretary determines are necessary to implement this
section, which may prescribe additional exceptions to the
application of the requirements described in subsection (a).''.
(2) Clerical amendment.--The table of contents for
chapter 51 of title 31, United States Code, is amended
by inserting after the item relating to section 5103
the following:
``5104. Retail businesses prohibited from refusing cash payments.''.
(3) Rule of construction.--The amendments made by
this section may not be construed to have any effect on
section 5103 of title 31, United States Code.
(c) Discretionary Surplus Fund.--
(1) In general.--Subparagraph (A) of section 7(a)(3)
of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is
amended by reducing the dollar figure described in such
subparagraph by $15,000,000.
(2) Effective date.--The amendment made by paragraph
(1) shall take effect on September 30, 2022.
----------
597. An Amendment To Be Offered by Representative Peters of California
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SECTION 1. CODIFICATION OF SMALL BUSINESS ADMINISTRATION SCORECARD.
(a) In General.--Section 868(b) of the National Defense
Authorization Act for Fiscal Year 2016 (15 U.S.C. 644 note) is
transferred to section 15 of the Small Business Act (15 U.S.C.
644), inserted after subsection (x), redesignated as subsection
(y), and amended--
(1) by striking paragraphs (1), (6), and (7);
(2) by redesignating paragraph (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively;
(3) by redesignating paragraph (8) as paragraph (6);
(4) in paragraph (1) (as so redesignated), by
striking ``Beginning in'' and all that follows through
``to evaluate'' and inserting ``The Administrator shall
use a scorecard to annually evaluate'';
(5) in paragraph (2) (as so redesignated)--
(A) in the matter preceding subparagraph
(A)--
(i) by striking ``developed under
paragraph (1)''; and
(ii) by inserting ``and
Governmentwide'' after ``each Federal
agency''; and
(B) in subparagraph (A), by striking
``section 15(g)(1)(B) of the Small Business Act
(15 U.S.C. 644(g)(1)(B))'' and inserting
``subsection (g)(1)(B)'';
(6) in paragraph (3) (as so redesignated)--
(A) in subparagraph (A), by striking
``paragraph (3)(A)'' and inserting ``paragraph
(2)(A)''; and
(B) in subparagraph (B), by striking
``paragraph (3)'' and inserting ``paragraph
(2)'';
(7) by inserting after paragraph (3) (as so
redesignated) the following new paragraph:
``(4) Additional requirements for scorecards.--The
scorecard shall include, for each Federal agency and
Governmentwide, the following information with respect
to prime contracts:
``(A) The number (expressed as a percentage)
and total dollar amount of awards made to small
business concerns owned and controlled by women
through sole source contracts and competitions
restricted to small business concerns owned and
controlled by women under section 8(m).
``(B) The number (expressed as a percentage)
and total dollar amount of awards made to small
business concerns owned and controlled by
qualified HUBZone small business concerns
through sole source contracts and competitions
restricted to qualified HUBZone small business
concerns under section 31(c)(2).
``(C) The number (expressed as a percentage)
and total dollar amount of awards made to small
business concerns owned and controlled by
service-disabled veterans through sole source
contracts and competitions restricted to small
business concerns owned and controlled by
service-disabled veterans under section 36.
``(D) The number (expressed as a percentage)
and total dollar amount of awards made to
socially and economically disadvantaged small
business concerns under section 8(a) through
sole source contracts and competitions
restricted to socially and economically
disadvantaged small business concerns,
disaggregated by awards made to such concerns
that are owned and controlled by individuals
and awards made to such concerns that are owned
and controlled by an entity.'';
(8) in paragraph (5), by striking ``section 15(h)(2)
of the Small Business Act (15 U.S.C. 644(h)(2))'' and
inserting ``subsection (h)(2)''; and
(9) by amending paragraph (6) (as so redesignated) to
read as follows:
``(6) Scorecard defined.--In this subsection, the
term `scorecard' means any summary using a rating
system to evaluate the efforts of a Federal agency to
meet goals established under subsection (g)(1)(B)
that--
``(A) includes the measures described in
paragraph (2); and
``(B) assigns a score to each Federal agency
evaluated.''.
(b) Conforming Amendment.--Section 15(x)(2) of the Small
Business Act is amended by striking ``scorecard described in
section 868(b) of the National Defense Authorization Act for
Fiscal Year 2016 (15 U.S.C. 644 note)'' and inserting
``scorecard (as defined in subsection (y))''.
----------
598. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the appropriate place in division E, insert the following:
SEC. __. AUTHORIZATIONS RELATING TO VETERINARY CARE OVERSEAS.
(a) Department of State.--The Secretary of State, in
consultation with the Director of the Centers for Disease
Control and Prevention, is authorized, in order to facilitate
the importation to the United States, of domestic animals by
officers and employees of the United States Government, and
their dependents, under the authority of any Chief of Mission
from a country classified by the Centers for Disease Control
and Prevention as high risk for dog rabies--
(1) to enter into contracts with individuals who are
licensed in the United States for the provision of
personal services (as described in section 104 of part
37 of title 48, Code of Federal Regulations and
including pursuant to section 904 of the Foreign
Service Act of 1980 (22 U.S.C. 4084)) to provide
veterinary care overseas for domestic animals of such
officers, employees, and dependents, except that--
(A) such individuals may not be deemed
officers or employees of the United States for
the purpose of any law administered by the
Office of Personnel Management; and
(B) such individuals shall be expected to be
available to travel to any overseas post as
necessary to provide veterinary care and shall
not be hired for or detailed exclusively to any
specific overseas post; and
(2) to take such steps as may be necessary to provide
medical services or related support with respect to the
domestic animals of such officers, employees, and
dependents, including in particular the purchase,
procurement, delivery, and administration of rabies
vaccines licensed by the Secretary of Agriculture, on a
reimbursable basis to the extent feasible, except that
such reimbursement may not exceed the amount that would
be charged for equivalent veterinarian services if
received in the United States.
(b) Use of Existing Mechanisms.--To the maximum extent
practicable, the Secretary of State shall use existing
mechanisms, including for the purchase, procurement, delivery,
and administration of COVID-19 vaccines to officers and
employees of the United States Government and their dependents
under the authority of any Chief of Mission abroad, to carry
out the authorities provided by subsection (a), especially with
respect to the purchase, procurement, delivery, and
administration of rabies vaccines licensed by the Secretary of
Agriculture.
(c) Definitions.--In this section--
(1) the term ``domestic animal'' means a dog or a
cat; and
(2) the term ``officers and employees of the United
States Government'' includes volunteers in the Peace
Corps.
----------
599. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of title LIII, add the following:
SEC. __. FLY AMERICA ACT EXCEPTION.
Section 40118 of title 49, United States Code, is amended by
adding at the end the following:
``(h) Certain Transportation of Domestic Animals.--
``(1) In general.--Notwithstanding subsections (a)
and (c), an appropriation to any department, agency, or
instrumentality of the United States Government may be
used to pay for the transportation of a Peace Corps
volunteer or an officer, employee, or member of the
uniformed services of any such department, agency, or
instrumentality, a dependent of the Peace Corps
volunteer, officer, employee, or member, and in-cabin
or accompanying checked baggage, by a foreign air
carrier when--
``(A) the transportation is from a place--
``(i) outside the United States to a
place in the United States;
``(ii) in the United States to a
place outside the United States; or
``(iii) outside the United States to
another place outside the United
States; and
``(B) no air carrier holding a certificate
under section 41102 is willing and able to
transport up to three domestic animals
accompanying such Peace Corps volunteer,
officer, employee, member, or dependent.
``(2) Limitation.--An amount paid pursuant to
paragraph (1) for transportation by a foreign carrier
may not be greater than the amount that would otherwise
have been paid had the transportation been on an air
carrier holding a certificate under section 41102 had
that carrier been willing and able to provide such
transportation. If the amount that would otherwise have
been paid to such an air carrier is less than the cost
of transportation on the applicable foreign carrier,
the Peace Corps volunteer, officer, employee, member
may pay the difference of such amount.
``(3) Definition.--In this subsection:
``(A) Domestic animal.--The term `domestic
animal' means a dog or a cat.
``(B) Peace corps volunteer.--The term `Peace
Corps volunteer' means an individual described
in section 5(a) of the Peace Corps Act (22
U.S.C. 2504(a)).''.
----------
600. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII, add the following:
SEC. 13_. STATE DEPARTMENT AUTHORIZATION FOR PAVILION AT EXPO 2025
OSAKA.
(a) In General.--Notwithstanding section 204 of the Admiral
James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), there is
authorized to be appropriated for each of fiscal years 2023 and
2024 funds for a United States pavilion at Expo 2025 Osaka,
subject to subsections (b) and (c).
(b) Cost-share Requirement.--Funds made available pursuant to
subsection (a) to the Department of State for a United States
pavilion at Expo 2025 Osaka shall be made available on a cost-
matching basis, to the maximum extent practicable, from sources
other than the United States Government.
(c) Notification.--
(1) In general.--Funds made available pursuant to
subsection (a) to the Department of State for a United
States pavilion at Expo 2025 Osaka may be obligated
only after the appropriate congressional committees are
notified not less than 15 days prior to such
obligation.
(2) Matters to be included.--Such notification shall
include the following:
(A) A description of the source of such
funds, including any funds reprogrammed or
transferred by the Department of State to be
made available for such pavilion.
(B) An estimate of the amount of investment
such pavilion could bring to the United States.
(C) A description of the strategy of the
Department to identify and obtain such matching
funds from sources other than the United States
Government, in accordance with subsection (b).
(D) A certification that each entity
receiving amounts for a contract, grant, or
other agreement to construct, maintain, or
otherwise service such pavilion--
(i) is not in violation of the labor
laws of Japan, the Foreign Corrupt
Practices Act of 1977 (Public Law 95-
213), and any other applicable anti-
corruption laws; and
(ii) does not employ, or otherwise
utilize, a victim of trafficking (as
defined in section 103 of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102)).
(d) Final Report.--Not later than 180 days after the date on
which a United States pavilion at Expo 2025 Osaka is opened,
the Secretary of State shall submit to the appropriate
congressional committees a report that includes--
(1) the number of United States businesses that
participated in such pavilion; and
(2) the dollar amount and source of any matching
funds obtained by the Department.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) The Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(f) Sunset.--This section ceases to be effective on December
31, 2025.
----------
601. An Amendment To Be Offered by Representative Phillips of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. 5306. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Commandant of the Coast Guard shall,
subject to the availability of appropriations, establish a
pilot program to improve the issuance of alerts to facilitate
cooperation with the public to render aid to distressed
individuals under section 521 of title 14, United States Code.
(b) Pilot Program Contents.--The pilot program established
under subsection (a) shall, to the maximum extent possible--
(1) include a voluntary opt-in program under which
members of the public may receive notifications on
cellular devices regarding Coast Guard activities to
render aid to distressed individuals under section 521
of title 14, United States Code;
(2) cover areas located within the area of
responsibility of 3 different Coast Guard sectors in
diverse geographic regions; and
(3) provide that the dissemination of an alert be
limited to the geographic areas most likely to
facilitate the rendering of aide to distressed
individuals.
(c) Consultation With Other Agencies, States, Territories,
and Political Subdivisions.--In developing the pilot program
under subsection (a), the Commandant shall consult any relevant
Federal agency, State, Territory, Tribal government,
possession, or political subdivision.
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, and annually thereafter through
2026, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and make available to the public,
a report on the implementation of this Act.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to carry out this Act $3,000,000 to the
Commandant for each of fiscal years 2023 through 2026.
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) shall remain available until
expended.
----------
602. An Amendment To Be Offered by Representative Pressley of
Massachusetts or Her Designee, Debatable for 10 Minutes
At the appropriate place the bill, insert the following:
SEC. __. CRISIS COUNSELING ASSISTANCE AND TRAINING.
(a) Federal Emergency Assistance.--Section 502(a)(6) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5192(a)(6)) is amended by inserting ``and section
416'' after ``section 408''.
(b) Applicability.--The amendment made by subsection (a)
shall only apply to amounts appropriated on or after the date
of enactment of this Act.
----------
603. An Amendment To Be Offered by Representative Ross of North
Carolina or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title LVI the following:
SEC. 56__. INVESTIGATIONS OF DEPARTMENT OF JUSTICE PERSONNEL.
Section 8E of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and
paragraph (3)'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5)
as paragraphs (3) and (4), respectively; and
(D) in paragraph (4), as redesignated, by
striking ``paragraph (4)'' and inserting
``paragraph (3)''; and
(2) in subsection (d), by striking ``, except with
respect to allegations described in subsection
(b)(3),''.
----------
604. An Amendment To Be Offered by Representative Ruiz of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title V, insert the following:
SEC. 5__. OUTREACH TO MEMBERS REGARDING POSSIBLE TOXIC EXPOSURE.
(a) Establishment.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Veterans Affairs, shall
establish--
(1) a new risk assessment for toxic exposure for
members of the Armed Forces assigned to work near burn
pits; and
(2) an outreach program to inform such members
regarding such toxic exposure. Such program shall
include information regarding benefits and support
programs furnished by the Secretary (including
eligibility requirements and timelines) regarding toxic
exposure.
(b) Promotion.--The Secretary shall promote the program to
members described in subsection (a) by direct mail, email, text
messaging, and social media.
(c) Publication.--Not later than one year after the date of
the enactment of this Act, the Secretary shall publish on a
website of the Department of Defense a list of resources
furnished by the Secretary for--
(1) members and veterans who experienced toxic
exposure in the course of serving as a member of the
Armed Forces;
(2) dependents and caregivers of such members and
veterans; and
(3) survivors of such members and veterans who
receive death benefits under laws administered by the
Secretary.
(d) Toxic Exposure Defined.--In this section, the term
``toxic exposure'' has the meaning given such term in section
631 of the Jeff Miller and Richard Blumenthal Veterans Health
Care and Benefits Improvement Act of 2016 (Public Law 114-315;
38 U.S.C. 1116 note).
----------
605. An Amendment To Be Offered by Representative Ruiz of California or
His Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, add the following:
SEC. 58__. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION LAND.
Section 714(a) of the California Desert Protection Act of
1994 (Public Law 103-433; 16 U.S.C. 410aaa-81c(a)) is amended
by striking paragraph (3) and inserting the following:
``(3) Conservation land.--The term `conservation
land' means--
``(A) any land within the Conservation Area
that is designated to satisfy the conditions of
a Federal habitat conservation plan, general
conservation plan, or State natural communities
conservation plan;
``(B) any national conservation land within
the Conservation Area established pursuant to
section 2002(b)(2)(D) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C.
7202(b)(2)(D)); and
``(C) any area of critical environmental
concern within the Conservation Area
established pursuant to section 202(c)(3) of
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712(c)(3)).''.
----------
606. An Amendment To Be Offered by Representative Sablan of Northern
Mariana Islands or His Designee, Debatable for 10 Minutes
At the end of title LI of division E, insert the following:
SEC. 5103. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON UNITED
STATES OUTLYING AREAS AND FREELY ASSOCIATED STATES.
(a) Establishment of Advisory Committee.--
(1) In general.--Subchapter III of chapter 5 of title
38, United States Code, is amended by adding at the end
the following new section:
``Sec. 548. Advisory Committee on United States Outlying Areas and
Freely Associated States
``(a) Establishment.--The Secretary shall establish an
advisory committee, to be known as the `Advisory Committee on
United States Outlying Areas and Freely Associated States', to
provide advice and guidance to the Secretary on matters
relating to covered veterans.
``(b) Duties.--The duties of the Committee shall be the
following:
``(1) To advise the Secretary on matters relating to
covered veterans, including how the Secretary can
improve the programs and services of the Department to
better serve such veterans.
``(2) To identify for the Secretary evolving issues
of relevance to covered veterans.
``(3) To propose clarifications, recommendations, and
solutions to address issues raised by covered veterans.
``(4) To provide a forum for covered veterans,
veterans service organizations serving covered
veterans, and the Department to discuss issues and
proposals for changes to regulations, policies, and
procedures of the Department.
``(5) To identify priorities for and provide advice
to the Secretary on appropriate strategies for
consultation with veterans service organizations
serving covered veterans.
``(6) To encourage the Secretary to work with other
departments and agencies of the Federal Government and
Congress to ensure covered veterans are provided the
full benefits of their status as covered veterans.
``(7) To highlight contributions of covered veterans
in the Armed Forces.
``(8) To conduct other duties as determined
appropriate by the Secretary.
``(c) Membership.--(1) The Committee shall be comprised of 15
voting members appointed by the Secretary.
``(2) In appointing members pursuant to paragraph (1), the
Secretary shall ensure the following:
``(A) At least one member is appointed to represent
covered veterans in each of the following areas:
``(i) American Samoa.
``(ii) Guam.
``(iii) Puerto Rico.
``(iv) The Commonwealth of the Northern
Mariana Islands.
``(v) The Virgin Islands of the United
States.
``(vi) The Federated States of Micronesia.
``(vii) The Republic of the Marshall Islands.
``(viii) The Republic of Palau.
``(B) Not fewer than half of the members appointed
are covered veterans, unless the Secretary determines
that an insufficient number of qualified covered
veterans are available.
``(C) Each member appointed resides in an area
specified in subparagraph (A).
``(3) In appointing members pursuant to paragraph (1), the
Secretary may consult with any Member of Congress who
represents an area specified in paragraph (2)(A).
``(d) Terms; Vacancies.--(1) A member of the Committee--
``(A) shall be appointed for a term of two years; and
``(B) may be reappointed to serve an additional 2-
year term.
``(2) Not later than 180 days after receiving notice of a
vacancy in the Committee, the Secretary shall fill the vacancy
in the same manner as the original appointment.
``(e) Meeting Format and Frequency.--(1) Except as provided
in paragraph (2), the Committee shall meet in-person with the
Secretary not less frequently than once each year and hold
monthly conference calls as necessary.
``(2) Meetings held under paragraph (1) may be conducted
virtually if determined necessary based on--
``(A) Department protocols; and
``(B) timing and budget considerations.
``(f) Additional Representation.--(1) Representatives of
relevant departments and agencies of the Federal Government may
attend meetings of the Committee and provide information to the
Committee.
``(2) One representative of the Department shall attend each
meeting of the Committee.
``(3) Representatives attending meetings under this
subsection--
``(A) shall not be considered voting members of the
Committee; and
``(B) may not receive additional compensation for
services performed with respect to the Committee.
``(g) Subcommittees.--(1) The Committee may establish
subcommittees.
``(2) The Secretary may, in consultation with the Committee,
appoint a member to a subcommittee established under paragraph
(1) who is not a member of the Committee.
``(3) A subcommittee established under paragraph (1) may
enhance the function of the Committee, but may not supersede
the authority of the Committee or provide direct advice or work
products to the Secretary.
``(h) Reports.--(1) Not less frequently than once every 2
years, the Committee shall submit to the Secretary and the
appropriate committees of Congress a report--
``(A) containing such recommendations as the
Committee may have for legislative or administrative
action; and
``(B) describing the activities of the Committee
during the previous two years.
``(2) Not later than 120 days after the date on which the
Secretary receives a report under paragraph (1), the Secretary
shall submit to the appropriate committees of Congress a
written response to the report after--
``(A) giving the Committee an opportunity to review
such written response; and
``(B) including in such written response any comments
the Committee considers appropriate.
``(3) The Secretary shall make publicly available on an
internet website of the Department--
``(A) each report the Secretary receives under
paragraph (1);
``(B) each written response the Secretary submits
under paragraph (2); and
``(C) each report the Secretary receives under
paragraph (3).
``(i) Committee Personnel Matters.--A member of the Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5 while away from the
home or regular place of business of the member in the
performance of the duties of the Committee.
``(j) Consultation.--In carrying out this section, the
Secretary shall consult with veterans service organizations
serving covered veterans.
``(k) Termination.--The Committee shall terminate on the date
that is 10 years after the date of the enactment of this
section.
``(l) Definitions.--In this section:
``(1) The term `appropriate committees of Congress'
means--
``(A) the Committee on Veterans' Affairs of
the House of Representatives; and
``(B) the Committee on Veterans' Affairs of
the Senate.
``(2) The term `Committee' means the Advisory
Committee on United States Outlying Areas and Freely
Associated States established under subsection (a).
``(3) The term `covered veteran' means a veteran
residing in an area specified in subsection (c)(2)(A).
``(4) The term `veterans service organization serving
covered veterans' means any organization that--
``(A) serves the interests of covered
veterans;
``(B) has covered veterans in substantive and
policymaking positions within the organization;
and
``(C) has demonstrated experience working
with covered veterans.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by
inserting after the item relating to section 547 the
following new item:
``548. Advisory Committee on United States Outlying Areas and Freely
Associated States.''.
(b) Deadline for Establishment.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall establish the advisory committee
required by section 548 of title 38, United States Code, as
added by subsection (a)(1) of this section.
(c) Deadline for Initial Appointments.--Not later than 90
days after the date on which the Secretary establishes the
advisory committee required by such section 548, the Secretary
shall appoint the members of such advisory committee.
(d) Initial Meeting.--Not later than 180 days after the date
on which the Secretary establishes the advisory committee
required by such section 548, such advisory committee shall
hold its first meeting.
----------
607. An Amendment To Be Offered by Representative Salazar of Florida or
Her Designee, Debatable for 10 Minutes
At the end of title VIII, insert the following:
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) of the Small Business Act
(15 U.S.C. 657f(c)(2)) 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)(2) of
title 38, United States Code, is amended by striking
``$5,000,000'' and inserting ``the dollar thresholds under
section 36(c)(2) of the Small Business Act (15 U.S.C.
657f(c)(2))''.
----------
608. An Amendment To Be Offered by Representative Salazar of Florida or
Her Designee, Debatable for 10 Minutes
Add at the end of subtitle E of title VIII the following new
section:
SEC. 8__. MODIFICATIONS TO THE NONMANUFACTURER RULE.
(a) In General.--Section 8(a)(17) of the Small Business Act
(15 U.S.C. 637(a)(17)) is amended by adding at the end the
following new subparagraphs:
``(D) Denials.--Upon denial of a waiver under
subparagraph (B)(iv)(I), the Administrator shall
provide a justification of such denial, and if
appropriate, make recommendations (including examples)
for resubmitting a request for a waiver.
``(E) Information required for granted waivers.--A
waiver granted under subparagraph (B)(iv)(I) shall
include the following information:
``(i) The date on which the waiver
terminates.
``(ii) A statement specifying that the
contract to supply any product for which the
waiver was granted must be awarded prior to the
termination date in clause (i).
``(iii) The total dollar value of the
products that are subject to the waiver.
``(iv) An exclusive list of specific products
identified by the Administrator that are
subject to the waiver, regardless of the
determination of the contracting officer
submitted under such subparagraph.
``(v) A list of actions taken by the
contracting Federal agency for which a new such
determination shall be required, including--
``(I) modifications to the scope of
the contract for which the waiver was
granted; and
``(II) modifications to the contract
type of such contract.
``(F) Modifications.--If a Federal agency modifies a
contract for which a waiver was granted under
subparagraph (B)(iv)(I) in a manner described in
subparagraph (E)(v), the head of such Federal agency
shall notify the Administrator and seek a new waiver
under subparagraph (B)(iv)(I).''.
(b) Congressional Notification and Publication.--Not later
than 15 days after the date of the enactment of this Act, the
Administrator of the Small Business Administration shall
publish on a website of the Administration and submit to the
Committee on Small Business of the House of Representatives and
the Committee on Small Business and Entrepreneurship of the
Senate any program guidance or standard operating procedures of
the Administration relating to the process by which the
Administrator grants waivers under section 8(a)(17)(B)(iv)(I)
of the Small Business Act (15 U.S.C. 637(a)(17)(B)(iv)(I)).
----------
609. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__. REPORT ON BARRIERS 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 barriers veterans experience
related to receiving benefits under Federal housing programs,
including barriers faced by veterans based on their membership
in one or more protected classes under the Fair Housing Act (42
U.S.C. 3601 et seq.), being part of a multi-generational
household, and any other barriers as determined appropriate by
the Secretary.
----------
610. An Amendment To Be Offered by Representative Sanchez of California
or Her Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__ 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.
----------
611. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XIII, add the following:
SEC. 12__. SENSE OF CONGRESS ON AZERBAIJAN'S ILLEGAL DETENTION OF
ARMENIAN PRISONERS OF WAR.
It is the sense of Congress that--
(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.
----------
612. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, 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) 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) 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) 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.
----------
613. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58__. GAO STUDY ON THE DANIEL PEARL FREEDOM OF THE PRESS ACT OF
2009.
(a) Study.--The Comptroller General of the United States
shall evaluate the implementation of the Daniel Pearl Freedom
of the Press Act of 2009 (Public Law 111-166) by--
(1) assessing the effects of including the
information described in section 116(d)(12) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)(12))
in the annual Country Reports on Human Rights
Practices; and
(2) determining how reporting on instances of
governmental suppression of free press abroad and
inaction in addressing press freedom violations has
changed since the enactment of the Daniel Pearl Freedom
of the Press Act of 2009.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress and to the Secretary of State a report that--
(1) summarizes the results of the study required
under subsection (a); and
(2) provides recommendations for any legislative or
regulatory action that would improve the efforts of the
Department of State to report on issues of press
freedom abroad.
----------
614. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58__. SECRETARY OF STATE ASSISTANCE FOR PRISONERS IN ISLAMIC
REPUBLIC OF IRAN.
(a) Statement of Policy.--It is the policy of the United
States that--
(1) the Islamic Republic of Iran should allow the
United Nations Special Rapporteur on the situation of
human rights in the Islamic Republic of Iran unimpeded
access to facilitate the full implementation of the
mandate of the United Nations Special Rapporteur,
including--
(A) investigating alleged violations of human
rights that are occurring or have occurred both
within prisons and elsewhere;
(B) transmitting urgent appeals and letters
to the Islamic Republic of Iran regarding
alleged violations of human rights; and
(C) engaging with relevant stakeholders in
the Islamic Republic of Iran and the
surrounding region;
(2) the Islamic Republic of Iran should immediately
end violations of the human rights of political
prisoners or persons imprisoned for exercising the
right to freedom of speech, including--
(A) torture;
(B) denial of access to health care; and
(C) denial of a fair trial;
(3) all prisoners of conscience and political
prisoners in the Islamic Republic of Iran should be
unconditionally and immediately released;
(4) all diplomatic tools of the United States should
be invoked to ensure that all prisoners of conscience
and political prisoners in the Islamic Republic of Iran
are released, including raising individual cases of
particular concern; and
(5) all officials of the government of the Islamic
Republic of Iran who are responsible for human rights
abuses in the form of politically motivated
imprisonment should be held to account, including
through the imposition of sanctions pursuant to the
Global Magnitsky Human Rights Accountability Act (22
U.S.C. 10101 et seq.) and other applicable statutory
authorities of the United States.
(b) Assistance for Prisoners.--The Secretary of State is
authorized to continue to provide assistance to civil society
organizations that support prisoners of conscience and
political prisoners in the Islamic Republic of Iran, including
organizations that--
(1) work to secure the release of such prisoners;
(2) document violations of human rights with respect
to such prisoners;
(3) support international advocacy to raise awareness
of issues relating to such prisoners;
(4) support the health, including mental health, of
such prisoners; and
(5) provide post-incarceration assistance to enable
such prisoners to resume normal lives, including access
to education, employment, or other forms of reparation.
(c) Definitions.--In this section:
(1) The term ``political prisoner'' means a person
who has been detained or imprisoned on politically
motivated grounds and may include persons that--
(A) have used violence;
(B) have advocated violence or hatred; or
(C) have committed a minor offense that
serves as a pretext for politically motivated
imprisonment.
(2) The term ``prisoner of conscience'' means a
person who--
(A) is imprisoned or otherwise physically
restricted solely in response to the peaceful
exercise of the human rights of such person;
and
(B) has not used violence or advocated
violence or hatred.
----------
615. An Amendment To Be Offered by Representative Schiff of California
or His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__. 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 18 months 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 in service who were 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).
----------
616. An Amendment To Be Offered by Representative Schneider of Illinois
or His Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58__. POLICY REGARDING DEVELOPMENT OF NUCLEAR WEAPONS BY IRAN.
(a) Findings.--Congress finds the following:
(1) Congress and several successive Presidential
administrations have long sought to prevent Iran from
ever acquiring a nuclear weapon.
(2) It is currently estimated that Iran is almost to
the point of having enough highly-enriched nuclear
material to produce a nuclear weapon, if further
enriched.
(3) On March 3, 2020, the International Atomic Energy
Agency (IAEA) Director General reported to the Agency's
Board of Governors that nuclear material was found at
three previously undisclosed locations in Iran.
(4) The IAEA reported it began investigating this
matter pursuant to Iran's IAEA safeguards obligations
in 2019.
(5) On March 5, 2022, the IAEA and the Atomic Energy
Organization of Iran announced an agreement wherein
Iran committed to provide the IAEA with information and
documents in response to the IAEA's questions related
to uranium particles discovered at undeclared sites in
Iran.
(6) On June 6, 2022, the Director General of the IAEA
stated that ``Iran has not provided explanations that
are technically credible in relation to the Agency's
findings at three undeclared locations in Iran. Nor has
Iran informed the Agency of the current location, or
locations, of the nuclear material and/or of the
equipment contaminated with nuclear material, that was
moved from Turquzabad in 2018.''.
(7) On June 8, 2022, the IAEA Board of Governors
overwhelmingly adopted a resolution calling on Iran to
cooperate with the IAEA on an urgent basis to fulfil
its safeguards obligations and expressing profound
concern with Iran's insufficient substantive
cooperation thus far, with 30 Board Members voting in
favor, two voting against, and three abstaining.
(8) The IAEA Board of Governors's resolution called
upon Iran to ``act on an urgent basis to fulfill its
legal obligations and, without delay, take up the
Director General's offer of further engagement to
clarify and resolve all outstanding safeguards
issues.''.
(9) Shortly before the IAEA Board of Governors's vote
adopting the resolution, Iran announced it would remove
27 IAEA cameras installed to monitor the separate issue
of Iran's JCPOA commitments at certain Iranian
facilities and Iran has since followed through on
disconnecting these cameras.
(10) Following the vote of the IAEA Board of
Governors, Iran informed the IAEA it would install
additional cascades of advanced IR-6 centrifuges at its
Natanz facility;
(b) Sense of Congress.--It is the sense of Congress that it--
(1) reiterates its commitment to ensuring Iran will
never acquire a nuclear weapon;
(2) supports the important work of the IAEA in
safeguarding nuclear material around the globe;
(3) condemns Iran for its lack of transparency and
meaningful cooperation with the IAEA on the unresolved
matter of uranium particles discovered at undeclared
sites in Iran and additional escalatory actions related
to its nuclear program; and
(4) applauds the IAEA Board of Governors' resolution
urging Iran's full cooperation with the IAEA on
outstanding safeguards issues on an urgent basis.
----------
617. 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 X, add the following new
section:
SEC. 10__. ASSESSMENT, PLAN, AND REPORTS ON THE AUTOMATED SURFACE
OBSERVING SYSTEM.
(a) Joint Assessment and Plan.--
(1) In general.--The Secretary of Defense, in
collaboration with the Administrator of the Federal
Aviation Administration and the Under Secretary of
Commerce for Oceans and Atmosphere, shall--
(A) conduct an assessment of resources,
personnel, procedures, and activities necessary
to maximize the functionality and utility of
the automated surface observing system of the
United States that identifies--
(i) key system upgrades needed to
improve observation quality and utility
for weather forecasting, aviation
safety, and other users;
(ii) improvements needed in
observations within the planetary
boundary layer, including mixing
height;
(iii) improvements needed in public
accessibility of observational data;
(iv) improvements needed to reduce
latency in reporting of observational
data;
(v) relevant data to be collected for
the production of forecasts or forecast
guidance relating to atmospheric
composition, including particulate and
air quality data, and aviation safety;
(vi) areas of concern regarding
operational continuity and reliability
of the system, which may include needs
for on-night staff, particularly in
remote and rural areas and areas where
system failure would have the greatest
negative impact to the community;
(vii) stewardship, data handling,
data distribution, and product
generation needs arising from upgrading
and changing the automated surface
observation systems;
(viii) possible solutions for areas
of concern identified under clause
(vi), including with respect to the
potential use of backup systems, power
and communication system reliability,
staffing needs and personnel location,
and the acquisition of critical
component backups and proper storage
location to ensure rapid system repair
necessary to ensure system operational
continuity; and
(ix) research, development, and
transition to operations needed to
develop advanced data collection,
quality control, and distribution so
that the data are provided to models,
users, and decision support systems in
a timely manner; and
(B) develop and implement a plan that
addresses the findings of the assessment
conducted under subparagraph (A), including by
seeking and allocating resources necessary to
ensure that system upgrades are standardized
across the Department of Defense, the Federal
Aviation Administration, and the National
Oceanic and Atmospheric Administration to the
extent practicable.
(2) Standardization.--Any system standardization
implemented under paragraph (1)(B) shall not impede
activities to upgrade or improve individual units of
the system.
(3) Remote automatic weather station coordination.--
The Secretary of Defense, in collaboration with
relevant Federal agencies and the National Interagency
Fire Center, shall assess and develop cooperative
agreements to improve coordination, interoperability
standards, operations, and placement of remote
automatic weather stations for the purpose of improving
utility and coverage of remote automatic weather
stations, automated surface observation systems, and
other similar stations and systems for weather and
climate operations.
(b) Report to Congress.--
(1) In general.--Not later than 2 years after the
date of the enactment of this Act, the Secretary of
Defense, in collaboration with the Administrator of the
Federal Aviation Administration and the Under Secretary
of Commerce for Oceans and Atmosphere, shall submit to
the appropriate congressional committees a report
that--
(A) details the findings of the assessment
required by subparagraph (A) of subsection
(a)(1); and
(B) the plan required by subparagraph (B) of
such subsection.
(2) Elements.--The report required by paragraph (1)
shall include a detailed assessment of appropriations
required--
(A) to address the findings of the assessment
required by subparagraph (A) of subsection
(a)(1); and
(B) to implement the plan required by
subparagraph (B) of such subsection.
(c) Government Accountability Office Report.--Not later than
4 years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report that--
(1) evaluates the functionality, utility,
reliability, and operational status of the automated
surface observing system across the Department of
Defense, the Federal Aviation Administration, and the
Administration;
(2) evaluates the progress, performance, and
implementation of the plan required by subsection
(a)(1)(B);
(3) assesses the efficacy of cross-agency
collaboration and stakeholder engagement in carrying
out the plan and provides recommendations to improve
such activities;
(4) evaluates the operational continuity and
reliability of the system, particularly in remote and
rural areas and areas where system failure would have
the greatest negative impact to the community, and
provides recommendations to improve such continuity and
reliability;
(5) assesses Federal coordination regarding the
remote automatic weather station network, air resource
advisors, and other Federal observing assets used for
weather and climate modeling and response activities,
and provides recommendations for improvements; and
(6) includes such other recommendations as the
Comptroller General determines are appropriate to
improve the system.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
(3) The Committee on Transportation and
Infrastructure of the House of Representatives.
(4) The Committee on Commerce, Science, and
Transportation of the Senate.
(5) The Committee on Science, Space, and Technology
of the House of Representatives.
----------
618. An Amendment To Be Offered by Representative Scott of Virginia or
His Designee, Debatable for 10 Minutes
Page 1348, after line 23, insert the following:
SEC. 5806. TRANSFER OF NOAA PROPERTY IN NORFOLK, VIRGINIA.
(a) In General.--The Act entitled, ``An Act to authorize the
Secretary of Commerce to sell or exchange certain National
Oceanic and Atmospheric Administration property located in
Norfolk, Virginia, and for other purposes'', enacted on October
13, 2008 (P.L. 110-393; 122 Stat. 4203), is amended by striking
the heading and subsections (a), (b), (c), and (d) of section 1
and inserting the following:
``SECTION 1. TRANSFER OF NOAA PROPERTY IN NORFOLK, VIRGINIA.
``(a) In General.--The Secretary of Commerce shall transfer
without consideration all right, title, and interest of the
United States in and to the property described in subsection
(b) to the City of Norfolk, Virginia, not later than the
earlier of--
``(1) the date on which the Secretary of Commerce has
transferred all of the employees of the National
Oceanic and Atmospheric Administration (in this section
referred to as `NOAA') from its facilities at the
property described in subsection (b); or
``(2) 5 years after the date of the enactment of this
Act.
``(b) Property Described.--The property described in this
subsection is--
``(1) the real property under the administrative
jurisdiction of the NOAA, including land and
improvements thereon, located at 538 Front Street,
Norfolk, Virginia, consisting of approximately 3.78
acres; and
``(2) the real property under the administrative
jurisdiction of the NOAA, including land and
improvements thereon, located at 439 W. York Street,
Norfolk, Virginia, consisting of approximately 2.5231
acres.
``(c) Survey.--The exact acreage and legal description of the
property described in subsection (b) shall be determined by a
survey or surveys satisfactory to the Secretary.
``(d) Compliance With Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.--In carrying out this
section, the Secretary shall comply with section 120(h) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).''.
(b) Conforming Amendment.--Subsection (e) of section 1 of
such Act (122 Stat. 4204) is amended by striking the first
sentence.
----------
619. An Amendment To Be Offered by Representative Sherman of California
or His Designee, Debatable for 10 Minutes
At the end of title LIV of division E, insert the following:
SEC. 5403. DISCLOSURE REQUIREMENTS RELATING TO CHINA-BASED HEDGE FUNDS
CAPITAL RAISING ACTIVITIES IN THE UNITED STATES
THROUGH CERTAIN EXEMPTED TRANSACTIONS.
(a) Amendment.--The Securities Exchange Act of 1934 is
amended by inserting after section 13A (15 U.S.C. 78m-1) the
following:
``SEC. 13B. DISCLOSURE REQUIREMENTS RELATING TO CERTAIN EXEMPTED
TRANSACTIONS.
``(a) In General.--Notwithstanding any other provision of
law, in the case of an issuer that is domiciled in the People's
Republic of China, including a China-based hedge fund or a
China-based private equity fund, that conducts a covered
exempted transaction, such issuer shall provide to the
Commission, at such time and in such manner as the Commission
may prescribe, the following:
``(1) The identity of the issuer.
``(2) The place of incorporation of the issuer.
``(3) The amount of the issuance involved in the
covered exempted transaction and the net proceeds to
the issuer.
``(4) The principal beneficial owners of the issuer.
``(5) The intended use of the proceeds from such
issuance, including--
``(A) each country in which the issuer
intends to invest such proceeds; and
``(B) each industry in which the issuer
intends to invest such proceeds.
``(6) The exemption the issuer relies on with respect
to such covered exempted transaction.
``(b) Authority to Revise and Promulgate Rules, Regulations,
and Forms.--The Commission shall, for the protection of
investors and fair and orderly markets--
``(1) revise and promulgate such rules, regulations,
and forms as may be necessary to carry out this
section; and
``(2) issue rules to set conditions for the use of
covered exempted transactions by an issuer who does not
comply with the requirements under subsection (a).
``(c) Covered Exempted Transaction.--In this section, the
term `covered exempted transaction' means an issuance of a
security that is exempt from registration under section 5 of
the Securities Act of 1933 (15 U.S.C. 77e) that--
``(1) is structured or intended to comply with--
``(A) Rule 506(b) of Regulation D, as
promulgated by the Commission;
``(B) Regulation S, as promulgated by the
Commission; or
``(C) Rule 144A, as promulgated by the
Commission; and
``(2) either--
``(A) has an issuance equal to $25,000,000 or
greater; or
``(B) with respect to any 1-year period, has,
together with all covered exempted transactions
in that period, an aggregate issuance of
$50,000,000 or greater.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to issuers of covered exempted
transactions on the date that is 270 days after the date of the
enactment of this Act.
(c) Report.--The Securities and Exchange Commission shall,
each quarter, issue a report to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate containing
all information submitted by an issuer under section 13B of the
Securities Exchange Act of 1934, as added by subsection (a),
during the previous quarter.
----------
620. An Amendment To Be Offered by Representative Sherman of California
or His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. RUSSIA AND BELARUS FINANCIAL SANCTIONS.
(a) In General.--A United States financial institution shall
take all actions necessary and available to cause any entity or
person owned or controlled by the institution to comply with
any provision of law described in subsection (b) to the same
extent as required of a United States financial institution.
(b) Provision of Law Described.--A provision of law described
in this subsection is any prohibition or limitation described
in a sanctions-related statute, regulation or order applicable
to a United States financial institution concerning the Russian
Federation or the Republic of Belarus, involving--
(1) the conduct of transactions;
(2) the acceptance of deposits;
(3) the making, granting, transferring, holding, or
brokering of loans or credits;
(4) the purchasing or selling of foreign exchange,
securities, commodity futures, or options;
(5) the procuring of purchasers and sellers described
under paragraph (4) as principal or agent; or
(6) any other good or service provided by a United
States financial institution.
(c) Penalty.--A United States financial institution that
violates subsection (a) shall be subject to the penalties
described in the applicable statute, regulation or order
applicable to a United States financial Institution.
(d) United States Financial Institution Defined.--In this
section, the term ``United States financial institution'' means
any U.S. entity (including its foreign branches) that is
engaged in the business of accepting deposits, making,
granting, transferring, holding, or brokering loans or credits,
or purchasing or selling foreign exchange, securities, futures
or options, or procuring purchasers and sellers thereof, as
principal or agent. It includes depository institutions, banks,
savings banks, money services businesses, operators of credit
card systems, trust companies, insurance companies, securities
brokers and dealers, futures and options brokers and dealers,
forward contract and foreign exchange merchants, securities and
commodities exchanges, clearing corporations, investment
companies, employee benefit plans, dealers in precious metals,
stones, or jewels, and U.S. holding companies, U.S. affiliates,
or U.S. subsidiaries of any of the foregoing. This term
includes those branches, offices, and agencies of foreign
financial institutions that are located in the United States,
but not such institutions' foreign branches, offices, or
agencies.
----------
621. An Amendment To Be Offered by Representative Sherman of California
or His Designee, Debatable for 10 Minutes
Page 1262, after line 23, insert the following:
SEC. 5403. APPRAISAL STANDARDS FOR SINGLE-FAMILY HOUSING MORTGAGES.
(a) Certification or Licensing.--Paragraph (5) of section
202(g) of the National Housing Act (12 U.S.C. 1708(g)) is
amended--
(1) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A)(i) in the case of an appraiser for a
mortgage for single-family housing, be
certified or licensed by the State in which the
property to be appraised is located; and
``(ii) in the case of an appraiser for a
mortgage for multifamily housing, be certified
by the State in which the property to be
appraised is located; and''; and
(2) in subparagraph (B), by inserting before the
period at the end the following: ``, which, in the case
of appraisers for any mortgage for single-family
housing, shall include completion of a course or
seminar that consists of not less than 7 hours of
training regarding such appraisal requirements that is
approved by the Course Approval Program of the
Appraiser Qualifications Board of the Appraisal
Foundation or a State appraiser certifying and
licensing agency''.
(b) Compliance With Verifiable Education Requirements;
Grandfathering.--Effective beginning on the date of the
effectiveness of the mortgagee letter or other guidance issued
pursuant to subsection (c) of this section, notwithstanding any
choice or approval of any appraiser made before such date of
enactment, no appraiser may conduct an appraisal for any
mortgage for single-family housing insured under title II of
the National Housing Act (12 U.S.C. 1707 et seq.) unless such
appraiser is, as of such date of effectiveness, in compliance
with--
(1) all of the requirements under section 202(g)(5)
of such Act (12 U.S.C. 1708(g)(5)), as amended by
subsection (a) of this section, including the
requirement under subparagraph (B) of such section
202(g)(5) (relating to demonstrated verifiable
education in appraisal requirements); or
(2) all of the requirements under section 202(g)(5)
of such Act as in effect on the day before the date of
the enactment of this Act.
(c) Implementation.--Not later than the expiration of the
240-day period beginning on the date of the enactment of this
Act, the Secretary of Housing and Urban Development shall issue
a mortgagee letter or other guidance that shall--
(1) implement the amendments made by subsection (a)
of this section;
(2) clearly set forth all of the specific
requirements under section 202(g)(5) of the National
Housing Act (as amended by subsection (a) of this
section) for approval to conduct appraisals under title
II of such Act for mortgages for single-family housing,
which shall include--
(A) providing that the completion, prior to
the effective date of such mortgagee letter or
guidance, of training meeting the requirements
under subparagraph (B) of such section
202(g)(5) (as amended by subsection (a) of this
section) shall be considered to fulfill the
requirement under such subparagraph; and
(B) providing a method for appraisers to
demonstrate such prior completion; and
(3) take effect not later than the expiration of the
180-day period beginning upon issuance of such
mortgagee letter or guidance.
----------
622. An Amendment To Be Offered by Representative Sherrill of New
Jersey or Her Designee, Debatable for 10 Minutes
Add at the end of title LVIII of division E the following:
SEC. __. ELIMINATION OF SENTENCING DISPARITY FOR COCAINE OFFENSES.
(a) Elimination of Increased Penalties for Cocaine Offenses
Where the Cocaine Involved Is Cocaine Base.--
(1) Controlled substances act.--The following
provisions of the Controlled Substances Act (21 U.S.C.
801 et seq.) are repealed:
(A) Clause (iii) of section 401(b)(1)(A) (21
U.S.C. 841(b)(1)(A)).
(B) Clause (iii) of section 401(b)(1)(B) (21
U.S.C. 841(b)(1)(B)).
(2) Controlled substances import and export act.--The
following provisions of the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.) are
repealed:
(A) Subparagraph (C) of section 1010(b)(1)
(21 U.S.C. 960(b)(1)).
(B) Subparagraph (C) of section 1010(b)(2)
(21 U.S.C. 960(b)(2)).
(3) Applicability to pending and past cases.--
(A) Pending cases.--This section, and the
amendments made by this subsection, shall apply
to any sentence imposed after the date of
enactment of this section, regardless of when
the offense was committed.
(B) Past cases.--
(i) In general.--In the case of a
defendant who, on or before the date of
enactment of this section, was
sentenced for a Federal offense
described in clause (ii), the
sentencing court may, on motion of the
defendant, the Bureau of Prisons, the
attorney for the Government, or on its
own motion, impose a reduced sentence
after considering the factors set forth
in section 3553(a) of title 18, United
States Code.
(ii) Federal offense described.--A
Federal offense described in this
clause is an offense that involves
cocaine base that is an offense under
one of the following:
(I) Section 401 of the
Controlled Substances Act (21
U.S.C. 841).
(II) Section 1010 of the
Controlled Substances Import
and Export Act (21 U.S.C. 960).
(III) Section 404(a) of the
Controlled Substances Act (21
U.S.C. 844(a)).
(IV) Any other Federal
criminal offense, the conduct
or penalties for which were
established by reference to a
provision described in
subclause (I), (II), or (III).
(iii) Defendant not required to be
present.--Notwithstanding Rule 43 of
the Federal Rules of Criminal
Procedure, the defendant is not
required to be present at any hearing
on whether to impose a reduced sentence
pursuant to this subparagraph.
(iv) No reduction for previously
reduced sentences.--A court may not
consider a motion made under this
subparagraph to reduce a sentence if
the sentence was previously imposed or
previously reduced in accordance with
this section.
(v) No requirement to reduce
sentence.--Nothing in this subparagraph
may be construed to require a court to
reduce a sentence pursuant to this
subparagraph.
(b) Determination of Budgetary Effects.--The budgetary
effects of this section, for the purpose of complying with the
Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of
PAYGO Legislation'' for this section, submitted for printing in
the Congressional Record by the Chairman of the House Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.
----------
623. An Amendment To Be Offered by Representative Slotkin of Michigan
or Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. ___. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, SUPPLY, OR
TRANSFER OF GOLD TO OR FROM RUSSIA.
(a) Identification.--Not later than 90 days after the date of
the enactment of this Act, and periodically as necessary
thereafter, the President--
(1) shall submit to Congress a report identifying
foreign persons that knowingly participated in a
significant transaction--
(A) for the sale, supply, or transfer
(including transportation) of gold, directly or
indirectly, to or from the Russian Federation
or the Government of the Russian Federation,
including from reserves of the Central Bank of
the Russian Federation held outside the Russian
Federation; or
(B) that otherwise involved gold in which the
Government of the Russian Federation had any
interest; and
(2) shall impose the sanctions described in
subsection (b)(1) with respect to each such person; and
(3) may impose the sanctions described in subsection
(b)(2) with respect to any such person that is an
alien.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions
in all property and interests in property of a foreign
person identified in the report required by subsection
(a)(1) if such property and interests in property are
in the United States, come within the United States, or
are or come within the possession or control of a
United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a)(1) may be--
(i) inadmissible to the United
States;
(ii) ineligible to receive a visa or
other documentation to enter the United
States; and
(iii) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described
in subsection (a)(1) may be subject to
revocation of any visa or other entry
documentation regardless of when the
visa or other entry documentation is or
was issued.
(ii) Immediate effect.--A revocation
under clause (i) shall--
(I) take effect pursuant to
section 221(i) of the
Immigration and Nationality Act
(8 U.S.C. 1201(i)); and
(II) cancel any other valid
visa or entry documentation
that is in the alien's
possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C.
1702 and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
this section or any regulation, license, or order
issued to carry out this section shall be subject to
the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a
person that commits an unlawful act described in
subsection (a) of that section.
(d) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a
person if the President--
(1) determines that such a waiver is in the national
interests of the United States; and
(2) submits to Congress a notification of the waiver
and the reasons for the waiver.
(e) Termination.--
(1) In general.--Except as provided in paragraph (2),
the requirement to impose sanctions under this section,
and any sanctions imposed under this section, shall
terminate on the earlier of--
(A) the date that is 3 years after the date
of the enactment of this Act; or
(B) the date that is 30 days after the date
on which the President certifies to Congress
that--
(i) the Government of the Russian
Federation has ceased its destabilizing
activities with respect to the
sovereignty and territorial integrity
of Ukraine; and
(ii) such termination in the national
interests of the United States.
(2) Transition rules.--
(A) Continuation of certain authorities.--Any
authorities exercised before the termination
date under paragraph (1) to impose sanctions
with respect to a foreign person under this
section may continue to be exercised on and
after that date if the President determines
that the continuation of those authorities is
in the national interests of the United States.
(B) Application to ongoing investigations.--
The termination date under paragraph (1) shall
not apply to any investigation of a civil or
criminal violation of this section or any
regulation, license, or order issued to carry
out this section, or the imposition of a civil
or criminal penalty for such a violation, if--
(i) the violation occurred before the
termination date; or
(ii) the person involved in the
violation continues to be subject to
sanctions pursuant to subparagraph (A).
(f) Exceptions.--
(1) Exceptions for authorized intelligence and law
enforcement activities.--This section shall not apply
with respect to activities subject to the reporting
requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence or law enforcement activities of the
United States.
(2) Exception to comply with international
agreements.--Sanctions under subsection (b)(2) may not
apply with respect to the admission of an alien to the
United States if such admission is necessary to comply
with the obligations of the United States under 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 the Convention
on Consular Relations, done at Vienna April 24, 1963,
and entered into force March 19, 1967, or other
international obligations.
(3) Humanitarian exemption.--The President shall not
impose sanctions under this section with respect to any
person for conducting or facilitating a transaction for
the sale of agricultural commodities, food, medicine,
or medical devices or for the provision of humanitarian
assistance.
(4) Exception relating to importation of goods.--
(A) In general.--The requirement or authority
to impose sanctions under this section shall
not include the authority or a requirement to
impose sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the
term ``good'' means any article, natural or
manmade substance, material, supply, or
manufactured product, including inspection and
test equipment, and excluding technical data.
(g) Definitions.--In this section:
(1) The terms ``admission'', ``admitted'', ``alien'',
and ``lawfully admitted for permanent residence'' have
the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) The term ``foreign person'' means an individual
or entity that is not a United States person.
(3) 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) The term ``United States person'' means--
(A) a United States citizen or an alien
lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the
United States, including a foreign branch of
such an entity; or
(C) any person in the United States.
----------
624. An Amendment To Be Offered by Representative Slotkin of Michigan
or Her Designee, Debatable for 10 Minutes
Add at the end of title LVIII 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 further surge
capacity to better support special immigrant visa applicants
who are nationals of Afghanistan and referrals of nationals of
Afghanistan to the United States Refugee Admissions Program and
who have been approved by the chief of mission, including
through the Priority 2 Designation for nationals of
Afghanistan, 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) Surge Capacity Described.--The term ``surge capacity''
includes increasing consular personnel to any embassy or
consulate in the region processing visa applications for
nationals of Afghanistan.
----------
625. An Amendment To Be Offered by Representative Smith of New Jersey
or His Designee, Debatable for 10 Minutes
Insert in the appropriate place in subtitle H of title XXVIII
of division B 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.
----------
626. An Amendment To Be Offered by Representative Spanberger of
Virginia or Her Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. CHINA FINANCIAL THREAT MITIGATION.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Treasury, in
consultation with the Chairman of the Board of Governors of the
Federal Reserve System, the Chairman of the Securities and
Exchange Commission, the Chairman of the Commodity Futures
Trading Commission, and the Secretary of State, shall conduct a
study and issue a report on the exposure of the United States
to the financial sector of the People's Republic of China that
includes--
(1) an assessment of the effects of reforms to the
financial sector of the People's Republic of China on
the United States and global financial systems;
(2) a description of the policies the United States
Government is adopting to protect the interests of the
United States while the financial sector of the
People's Republic of China undergoes such reforms;
(3) 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;
and
(4) recommendations for additional actions the United
States Government, including United States
representatives at relevant international
organizations, should take to strengthen international
cooperation to monitor and mitigate such financial
stability risks and protect United States interests.
(b) Transmission of Report.--The Secretary of the Treasury
shall transmit the report required under subsection (a) not
later than one year after the date of enactment of this Act to
the Committees on Financial Services and Foreign Affairs of the
House of Representatives, the Committees on Banking, Housing,
and Urban Affairs and Foreign Relations of the Senate, and to
the United States representatives at relevant international
organizations, as appropriate.
(c) Classification.--The report required under subsection (a)
shall be unclassified, but may contain a classified annex.
(d) Publication of Report.--The Secretary of the Treasury
shall publish the report required under subsection (a) (other
than any classified annex) on the website of the Department of
the Treasury not later than one year after the date of
enactment of this Act.
----------
627. An Amendment To Be Offered by Representative Spanberger of
Virginia or Her Designee, Debatable for 10 Minutes
Add at the end of title LII of division E the following:
SEC. 5206. REPORTS, EVALUATIONS, AND RESEARCH REGARDING DRUG
INTERDICTION AT AND BETWEEN PORTS OF ENTRY.
(a) Research on Additional Technologies to Detect Fentanyl.--
Not later than one year after the date of the enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Centers for Disease Control and Prevention, the Federal
Drug Administration, and the Defense Advanced Research Projects
Agency, shall research additional technological solutions to--
(1) target and detect illicit fentanyl and its
precursors, including low-purity fentanyl, especially
in counterfeit pressed tablets, and illicit pill press
molds;
(2) enhance targeting of counterfeit pills through
nonintrusive, noninvasive, and other visual screening
technologies; and
(3) enhance data-driven targeting to increase seizure
rates of fentanyl and its precursors.
(b) Evaluation of Current Technologies and Strategies in
Illicit Drug Interdiction and Procurement Decisions.--
(1) In general.--The Secretary of Homeland Security,
in consultation with the Administrator of the Drug
Enforcement Administration, the Director of the Federal
Bureau of Investigation, the Director of the Centers
for Disease Control and Prevention, and the
Commissioner of Food and Drugs, shall establish a
program to collect available data and develop metrics
to measure how technologies and strategies used by the
Department, U.S. Customs and Border Protection, and
other relevant Federal agencies have helped detect,
deter, or address illicit fentanyl and its precursors
being trafficking into the United States at and between
land, air, and sea ports of entry. Such data and
metrics program may consider the rate of detection at
random secondary inspections at such ports of entry,
investigations and intelligence sharing into the
origins of illicit fentanyl later detected within the
United States, and other data or metrics considered
appropriate by the Secretary. The Secretary, as
appropriate and in the coordination with the officials
specified in this paragraph, may update such data and
metrics program.
(2) Reports.--
(A) Secretary of homeland security.--Not
later than one year after the date of the
enactment of this Act and biennially
thereafter, the Secretary of Homeland Security,
the Administrator of the Drug Enforcement
Administration, the Director of the Federal
Bureau of Investigation, the Director of the
Centers for Disease Control and Prevention, the
Commissioner of Food and Drugs, and the
Postmaster General shall, based on the data
collected and metrics developed pursuant to the
program established under paragraph (1), submit
to the Committee on Homeland Security of the
House of Representatives and the Committee on
Homeland Security and Governmental Affairs a
report that--
(i) examines and analyzes current
technologies deployed at land, air, and
sea ports of entry, including pilot
technologies, to assess how well such
technologies detect, deter, and address
fentanyl and its precursors;
(ii) contains a cost-benefit analysis
of technologies used in drug
interdiction; and
(iii) describes how such analysis may
be used when making procurement
decisions relating to such
technologies.
(B) GAO.--Not later than one year after each
report submitted pursuant to subparagraph (A),
the Comptroller General of the United States
shall submit to the Committee on Homeland
Security of the House of Representatives and
the Committee on Homeland Security and
Governmental Affairs of the Senate a report
that evaluates and, as appropriate, makes
recommendations to improve, the data collected
and metrics used in each such report.
----------
628. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, add the following:
SEC. 5806. LIABILITY FOR FAILURE TO DISCLOSE OR UPDATE INFORMATION.
Section 2313 of title 41, United States Code, is amended--
(1) in subsection (d)(3), by striking ``, to the
extent practicable,'';
(2) in subsection (f)(1), by striking ``subsection
(c)'' and inserting ``subsections (c) and (d)'';
(3) by redesignating subsection (g) as subsection
(i); and
(4) by inserting after subsection (f) the following
new subsections:
``(g) Liability.--A knowing and willful failure to disclose
or update information in accordance with subsections (d)(3) and
(f) can result in one or more of the following:
``(1) Entry of the violation in the database
described by this section.
``(2) Liability pursuant to section 3729 of title 31.
``(3) Suspension or debarment.
``(h) Annual Report on Awardee Beneficial Ownership Reporting
and Compliance.--
``(1) In general.--Not later than October 31 of each
year, the Administrator of General Services, in
coordination with the Secretary of Defense, shall
submit to the congressional defense committees (as
defined under section 101(a)(16) of title 10), the
Committee on Oversight and Reform of the House of
Representatives, and the Committee on Oversight and
Governmental Affairs of the Senate a report that
assesses the utility and risks of beneficial ownership
disclosures by persons with Federal agency contracts
and grants.
``(2) Content.--The report required under paragraph
(1) shall address and include information about the
number of beneficial ownership disclosures that were
made by persons with Federal agency contracts and
grants, gaps in the data caused by the divergent
reporting threshold for government and awardee entries,
the impact on small business concerns (as defined under
section 3 of the Small Business Act (15 U.S.C. 632)),
data on contractors owned by entities outside of the
United States, data on violations of disclosure rules
and any penalties assessed for disclosure non-
compliance, and recommendations for improving the
Federal Awardee Performance and Integrity Information
System disclosures by a person with Federal agency
contracts and grants.''.
----------
629. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. ____. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT ON
CONTRACTORS USING DISTRIBUTORS TO AVOID SCRUTINY.
(a) In General.--The Comptroller General of the United States
shall conduct a study on Federal Government contractors that
supply goods to executive agencies using distributors or other
intermediaries.
(b) Contents of the Study.--The study under subsection (a)
shall assess--
(1) advantages and disadvantages of the use of
distributors or other intermediaries by Federal
Government contractors to supply goods to executive
agencies; and
(2) whether the use of distributors or other
intermediaries by Federal Government contractors has an
effect on the ability of the Federal Government to
acquire needed goods at reasonable prices.
(c) Report Required.--Not later than one year after the date
of enactment of this Act, the Comptroller General shall submit
a report containing the results of the study required by this
section to the--
(1) Committee on Armed Services and the Committee on
Homeland Security and Government Affairs of the Senate;
and
(2) Committee on Armed Services and the Committee on
Oversight and Reform of the House of Representatives.
----------
630. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
Insert the following in the appropriate place in division E:
SEC. __. SUPPLEMENT TO FEDERAL EMPLOYEE VIEWPOINT SURVEY.
(a) In General.--Not later than one year after the date of
the enactment of this Act and every 2 years thereafter, the
Office of Personnel and Management shall make available through
a secure and accessible online portal a supplement to the
Federal Employee Viewpoint Survey to assess employee
experiences with workplace harassment and discrimination.
(b) Development of Supplement.--In developing the supplement,
the Director shall--
(1) use best practices from peer-reviewed research
measuring harassment and discrimination; and
(2) consult with the Equal Employment Opportunity
Commission, experts in survey research related to
harassment and discrimination, and organizations
engaged in the prevention of and response to, and
advocacy on behalf of victims of harassment and
discrimination regarding the development and design of
such supplement.
(c) Survey Questions.--Survey questions included in the
supplement developed pursuant to this section shall--
(1) be designed to gather information on employee
experiences with harassment and discrimination,
including the experiences of victims of such incidents;
(2) use trauma-informed language to prevent
retraumatization; and
(3) include--
(A) questions that give employees the option
to report their demographic information;
(B) questions designed to determine the
incidence and prevalence of harassment and
discrimination;
(C) questions regarding whether employees
know about agency policies and procedures
related to harassment and discrimination;
(D) questions designed to determine if the
employee reported perceived harassment or
discrimination, to whom the incident was
reported and what response the employee may
have received;
(E) questions to determine why the employee
chose to report or not report an incident;
(F) questions to determine satisfaction with
the complaints process;
(G) questions to determine the impact of
harassment and discrimination on performance
and productivity;
(H) questions to determine the impact of
harassment and discrimination on mental and
physical health;
(I) questions to determine the impact and
effectiveness of prevention and awareness
programs and complaints processes;
(J) questions to determine attitudes toward
harassment and discrimination, including the
willingness of individuals to intervene as a
bystander;
(K) questions to determine whether employees
believe those who engage in harassment or
discrimination will face disciplinary action;
(L) questions to determine whether employees
perceive prevention and accountability for
harassment and discrimination to be a priority
for supervisors and agency leadership; and
(M) other questions, as determined by the
Director.
(d) Responses.--The responses to the survey questions
described in subsection (c) shall--
(1) be submitted confidentially;
(2) in the case of such responses being included in a
report, shall not include personally identifiable
information; and
(3) be disaggregated by agency and, to the extent
practicable, operating division, department, or bureau.
(e) Publication.--The Director shall publish the results of
the supplemental survey in a report on its website.
----------
631. An Amendment To Be Offered by Representative Speier of California
or Her Designee, Debatable for 10 Minutes
Page 1348, insert after line 23 the following (and conform
the table of contents accordingly):
SEC. 5806. CERTAIN ACTIVITIES RELATING TO INTIMATE VISUAL DEPICTIONS.
(a) In General.--Chapter 88 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1802. Certain activities relating to intimate visual depictions
``(a) Definitions.--In this section:
``(1) Communications service.--The term
`communications service' means--
``(A) a service provided by a person that is
a common carrier, as that term is defined in
section 3 of the Communications Act of 1934 (47
U.S.C. 153), insofar as the person is acting as
a common carrier;
``(B) an electronic communication service, as
that term is defined in section 2510;
``(C) an information service, as that term is
defined in section 3 of the Communications Act
of 1934 (47 U.S.C. 153); and
``(D) an interactive computer service, as
that term is defined in section 230(f) of the
Communications Act of 1934 (47 U.S.C. 230(f)).
``(2) Information content provider.--The term
`information content provider' has the meaning given
that term in section 230(f) of the Communications Act
of 1934 (47 U.S.C. 230(f)).
``(3) Intimate visual depiction.--The term `intimate
visual depiction' means any visual depiction (as that
term is defined in section 2256(5)) of an individual
who is recognizable by an individual other than the
depicted individual from the intimate image itself or
information or text displayed in connection with the
intimate image itself or information or text displayed
in connection with the intimate image who has attained
18 years of age at the time the intimate visual
depiction is created and--
``(A) who is depicted engaging in sexually
explicit conduct; or
``(B) whose genitals, anus, pubic area, or
female nipple are unclothed and visible.
``(4) Visual depiction of a nude minor.--The term
`visual depiction of a nude minor' means any visual
depiction (as that term is defined in section 2256(5))
of an individual who is recognizable by an individual
other than the depicted individual from the intimate
image itself or information or text displayed in
connection with the intimate image who was under the
age of 18 at the time the visual depiction was created
in which the actual anus, genitals, or pubic area, or
post-pubescent female nipple, of the minor are
unclothed, visible, and displayed in a manner that does
not constitute sexually explicit conduct.
``(4) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given that term in
section 2256(2)(A).
``(b) Offense.--
``(1) In general.--Except as provided in subsection
(d), it shall be unlawful to knowingly mail, or to
distribute using any means or facility of interstate or
foreign commerce or affecting interstate or foreign
commerce, an intimate visual depiction of an
individual--
``(A) with knowledge of or reckless disregard
for the lack of consent of the individual to
the distribution; and
``(B) where what is depicted was not
voluntarily exposed by the individual in a
public or commercial setting; and
``(C) where what is depicted is not a matter
of public concern.
For purposes of this section, the fact that the subject
of the depiction consented to the creation of the
depiction shall not establish that that person
consented to its distribution.
``(2) Exception.--Except as provided in subsection
(d), it shall be unlawful to knowingly mail, or to
distribute using any means or facility of interstate or
foreign commerce or affecting interstate or foreign
commerce, a visual depiction of a nude minor with
intent to abuse, humiliate, harass, or degrade the
minor, or to arouse or gratify the sexual desire of any
person.
``(c) Penalty.--
``(1) In general.--Any person who violates subsection
(b), or attempts or conspires to do so, shall be fined
under this title, imprisoned not more than 5 years, or
both.
``(2) Forfeiture.--
``(A) The court, in imposing a sentence on
any person convicted of a violation involving
intimate visual depictions or visual depictions
of a nude minor under this subchapter, or
convicted of a conspiracy of a violation
involving intimate visual depictions or visual
depictions of a nude minor under this
subchapter, shall order, in addition to any
other sentence imposed and irrespective of any
provision of State law, that such person
forfeit to the United States--
``(i) any material distributed in
violation of this chapter;
``(ii) such person's interest in
property, real or personal,
constituting or derived from any gross
proceeds of such violation, or any
property traceable to such property,
obtained or retained directly or
indirectly as a result of such
violation; and
``(iii) any property, real or
personal, used or intended to be used
to commit or to facilitate the
commission of such offense.
``(B) Section 413 of the Controlled
Substances Act (21 U.S.C. 853), with the
exception of subsections (a) and (d), applies
to the criminal forfeiture of property pursuant
to subsection (1).
``(3) Restitution.--Restitution shall be available as
provided in chapter 110A of title 18, United States
Code, section 2264.
``(d) Exceptions.--
``(1) Law enforcement, lawful reporting, and other
legal proceedings.--This section--
``(A) does not prohibit any lawfully
authorized investigative, protective, or
intelligence activity of a law enforcement
agency of the United States, a State, or a
political subdivision of a State, or of an
intelligence agency of the United States;
``(B) shall not apply in the case of an
individual acting in good faith to report
unlawful activity or in pursuance of a legal or
professional or other lawful obligation; and
``(C) shall not apply in the case of a
document production or filing associated with a
legal proceeding.
``(2) Service providers.--This section shall not
apply to any provider of a communications service with
regard to content provided by another information
content provider unless the provider of the
communications service intentionally solicits, or
knowingly and predominantly distributes, such content.
``(e) Threats.--Any person who threatens to commit an offense
under subsection (b) shall be punished as provided in
subsection (c).
``(f) Extraterritoriality.--There is extraterritorial Federal
jurisdiction over an offense under this section if the
defendant or the depicted individual is a citizen or permanent
resident of the United States.
``(g) Civil Forfeiture.--
``(1) The following shall be subject to forfeiture to
the United States in accordance with provisions of
chapter 46 and no property right shall exist in them:
``(A) Any material distributed in violation
of this chapter.
``(B) Any property, real or personal, that
was used, in any manner, to commit or to
facilitate the commission of a violation
involving intimate visual depictions or visual
depictions of a nude minor under this
subchapter or a conspiracy of a violation
involving intimate visual depictions or visual
depictions of a nude minor under this
subchapter.
``(C) Any property, real or personal,
constituting, or traceable to the gross
proceeds obtained or retained in connection
with or as a result of a violation involving
intimate visual depictions or visual depictions
of a nude minor under this subchapter, a
conspiracy of a violation involving intimate
visual depictions or visual depictions of a
nude minor under this subchapter.''.
(b) Clerical Amendment.--The table of sections of chapter 88
of title 18, United States Code, is amended by inserting after
the item relating to section 1801 the following:
``1802. Certain activities relating to intimate visual depictions.''.
----------
632. An Amendment To Be Offered by Representative Stauber of Minnesota
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle F of title VIII the following new
section:
SEC. 8__. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS.
(a) In General.--Section 15 of the Small Business Act (15
U.S.C. 644) is amended--
(1) by redesignating subsection (x) as subsection
(y); and
(2) by inserting after subsection (w) the following
new subsection:
``(x) Interim Partial Payments for Equitable Adjustments to
Construction Contracts.--
``(1) Request for an equitable adjustment.--A small
business concern that was awarded a construction
contract by an agency may submit a request for an
equitable adjustment to the contracting officer of such
agency if the contracting officer directs a change in
the terms of the contract performance without the
agreement of the small business concern. Such request
shall--
``(A) be timely made pursuant to the terms of
the contract; and
``(B) specify the estimated amount required
to cover additional costs resulting from such
change in the terms.
``(2) Amount.--Upon receipt of a request for
equitable adjustment from a small business concern
under paragraph (1), the agency shall provide to such
concern an interim partial payment in an amount equal
to not less than 50 percent of the estimated amount
under paragraph (1)(B).
``(3) Limitation.--Any interim partial payment made
under this section may not be deemed to be an action to
definitize the request for an equitable adjustment.
``(4) Flow-down of interim partial payment amounts.--
A small business concern that receives an equitable
adjustment under this subsection shall pay to a first
tier subcontractor of such concern the portion of each
interim partial payment received that is attributable
to the increased costs of performance incurred by such
subcontractor due to the change in the terms of the
contract performance described in paragraph (1). A
first tier subcontractor that receives a portion of an
interim partial payment under this section shall pay to
a subcontractor (at any tier) the appropriate portion
of such payment.''.
(b) Implementation.--The Administrator of the Small Business
Administration shall implement the requirements of this section
not later than the earlier of the following dates:
(1) The first day of the first full fiscal year
beginning after the date of the enactment of this Act.
(2) October 1, 2024.
----------
633. An Amendment To Be Offered by Representative Steube of Florida or
His Designee, Debatable for 10 Minutes
At the end of subtitle _ of title _, insert the following:
SEC. ___. WAIVER OF SPECIAL USE PERMIT APPLICATION FEE FOR VETERANS'
SPECIAL EVENTS.
(a) Waiver.--The application fee for any special use permit
solely for a veterans' special event at war memorials on land
administered by the National Park Service in the District of
Columbia and its environs shall be waived.
(b) Definitions.--In this section:
(1) The term ``the District of Columbia and its
environs'' has the meaning given that term in section
8902(a) of title 40, United States Code.
(2) The term ``Gold Star Families'' includes any
individual described in section 3.2 of Department of
Defense Instruction 1348.36.
(3) The term ``special events'' has the meaning given
that term in section 7.96 of title 36, Code of Federal
Regulations.
(4) The term ``veteran'' has the meaning given that
term in section 101(2) of title 38, United States Code.
(5) The term ``veterans' special event'' means a
special event of which the majority of attendees are
veterans or Gold Star Families.
(6) The term ``war memorial'' means any memorial or
monument which has been erected or dedicated to
commemorate a military unit, military group, war,
conflict, victory, or peace.
(c) Applicability.--This section shall apply to any special
use permit application submitted after the date of the
enactment of this Act.
(d) Applicability of Existing Laws.--Permit applicants remain
subject to all other laws, regulations, and policies regarding
the application, issuance and execution of special use permits
for a veterans' special event at war memorials on land
administered by the National Park Service in the District of
Columbia and its environs.
----------
634. An Amendment To Be Offered by Representative Strickland of
Washington or Her Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. 5306. RECOGNIZING FEMA SUPPORT.
Congress finds the following:
(1) The Federal Emergency Management Agency provides
vital support to communities and disaster survivors in
the aftermath of major disasters, including housing
assistance for individuals and families displaced from
their homes.
(2) The Federal Emergency Management Agency should be
encouraged to study the idea integrating collapsible
shelters for appropriate non-congregate sheltering
needs into the disaster preparedness stockpile.
----------
635. An Amendment To Be Offered by Representative Strickland of
Washington or Her Designee, Debatable for 10 Minutes
At the end of title LIII of division E of the bill, add the
following:
SEC. 5306. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended--
(1) by redesignating paragraphs (33), (34), (35), and
(36) as paragraphs (34), (35), (36), and (37),
respectively; and
(2) by inserting after paragraph (32) the following:
``(33) Transportation demand management.--The term
`transportation demand management' means the use of
strategies to inform and encourage travelers to
maximize the efficiency of a transportation system,
leading to improved mobility, reduced congestion, and
lower vehicle emissions, including strategies that use
planning, programs, policies, marketing,
communications, incentives, pricing, data, and
technology.''.
----------
636. An Amendment To Be Offered by Representative Strickland of
Washington or Her Designee, Debatable for 10 Minutes
At the end of title LVIII of division E, insert the
following:
SEC. ___. REGIONAL WATER PROGRAMS.
(a) San Francisco Bay Restoration Grant Program.--Title I of
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) is amended by adding at the end the following:
``SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Estuary partnership.--The term `Estuary
Partnership' means the San Francisco Estuary
Partnership, designated as the management conference
for the San Francisco Bay under section 320.
``(2) San francisco bay plan.--The term `San
Francisco Bay Plan' means--
``(A) until the date of the completion of the
plan developed by the Director under subsection
(d), the comprehensive conservation and
management plan approved under section 320 for
the San Francisco Bay estuary; and
``(B) on and after the date of the completion
of the plan developed by the Director under
subsection (d), the plan developed by the
Director under subsection (d).
``(b) Program Office.--
``(1) Establishment.--The Administrator shall
establish in the Environmental Protection Agency a San
Francisco Bay Program Office. The Office shall be
located at the headquarters of Region 9 of the
Environmental Protection Agency.
``(2) Appointment of director.--The Administrator
shall appoint a Director of the Office, who shall have
management experience and technical expertise relating
to the San Francisco Bay and be highly qualified to
direct the development and implementation of projects,
activities, and studies necessary to implement the San
Francisco Bay Plan.
``(3) Delegation of authority; staffing.--The
Administrator shall delegate to the Director such
authority and provide such staff as may be necessary to
carry out this section.
``(c) Annual Priority List.--
``(1) In general.--After providing public notice, the
Director shall annually compile a priority list,
consistent with the San Francisco Bay Plan, identifying
and prioritizing the projects, activities, and studies
to be carried out with amounts made available under
subsection (e).
``(2) Inclusions.--The annual priority list compiled
under paragraph (1) shall include the following:
``(A) Projects, activities, and studies,
including restoration projects and habitat
improvement for fish, waterfowl, and wildlife,
that advance the goals and objectives of the
San Francisco Bay Plan, for--
``(i) water quality improvement,
including the reduction of marine
litter;
``(ii) wetland, riverine, and estuary
restoration and protection;
``(iii) nearshore and endangered
species recovery; and
``(iv) adaptation to climate change.
``(B) Information on the projects,
activities, and studies specified under
subparagraph (A), including--
``(i) the identity of each entity
receiving assistance pursuant to
subsection (e); and
``(ii) a description of the
communities to be served.
``(C) The criteria and methods established by
the Director for identification of projects,
activities, and studies to be included on the
annual priority list.
``(3) Consultation.--In compiling the annual priority
list under paragraph (1), the Director shall consult
with, and consider the recommendations of--
``(A) the Estuary Partnership;
``(B) the State of California and affected
local governments in the San Francisco Bay
estuary watershed;
``(C) the San Francisco Bay Restoration
Authority; and
``(D) any other relevant stakeholder involved
with the protection and restoration of the San
Francisco Bay estuary that the Director
determines to be appropriate.
``(d) San Francisco Bay Plan.--
``(1) In general.--Not later than 5 years after the
date of enactment of this section, the Director, in
conjunction with the Estuary Partnership, shall review
and revise the comprehensive conservation and
management plan approved under section 320 for the San
Francisco Bay estuary to develop a plan to guide the
projects, activities, and studies of the Office to
address the restoration and protection of the San
Francisco Bay.
``(2) Revision of san francisco bay plan.--Not less
often than once every 5 years after the date of the
completion of the plan described in paragraph (1), the
Director shall review, and revise as appropriate, the
San Francisco Bay Plan.
``(3) Outreach.--In carrying out this subsection, the
Director shall consult with the Estuary Partnership and
Indian tribes and solicit input from other non-Federal
stakeholders.
``(e) Grant Program.--
``(1) In general.--The Director may provide funding
through cooperative agreements, grants, or other means
to State and local agencies, special districts, and
public or nonprofit agencies, institutions, and
organizations, including the Estuary Partnership, for
projects, activities, and studies identified on the
annual priority list compiled under subsection (c).
``(2) Maximum amount of grants; non-federal share.--
``(A) Maximum amount of grants.--Amounts
provided to any entity under this section for a
fiscal year shall not exceed an amount equal to
75 percent of the total cost of any projects,
activities, and studies that are to be carried
out using those amounts.
``(B) Non-federal share.--Not less than 25
percent of the cost of any project, activity,
or study carried out using amounts provided
under this section shall be provided from non-
Federal sources.
``(f) Funding.--
``(1) Administrative expenses.--Of the amount made
available to carry out this section for a fiscal year,
the Director may not use more than 5 percent to pay
administrative expenses incurred in carrying out this
section.
``(2) Prohibition.--No amounts made available under
this section may be used for the administration of a
management conference under section 320.''.
(b) Puget Sound Coordinated Recovery.--Title I of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended
by adding at the end the following:
``SEC. 124. PUGET SOUND.
``(a) Definitions.--In this section:
``(1) Coastal nonpoint pollution control program.--
The term `Coastal Nonpoint Pollution Control Program'
means the State of Washington's Coastal Nonpoint
Pollution Control Program approved under section 6217
of the Coastal Zone Act Reauthorization Amendments of
1990.
``(2) Director.--The term `Director' means the
Director of the Program Office.
``(3) Federal action plan.--The term `Federal Action
Plan' means the plan developed under subsection
(c)(3)(B).
``(4) International joint commission.--The term
`International Joint Commission' means the
International Joint Commission established by the
Treaty relating to the boundary waters and questions
arising along the boundary between the United States
and Canada, signed at Washington January 11, 1909, and
entered into force May 5, 1910 (36 Stat. 2448; TS 548;
12 Bevans 319).
``(5) Pacific salmon commission.--The term `Pacific
Salmon Commission' means the Pacific Salmon Commission
established by the United States and Canada under the
Treaty concerning Pacific salmon, with annexes and
memorandum of understanding, signed at Ottawa January
28, 1985, and entered into force March 18, 1985 (TIAS
11091; 1469 UNTS 357) (commonly known as the `Pacific
Salmon Treaty').
``(6) Program office.--The term `Program Office'
means the Puget Sound Recovery National Program Office
established by subsection (b).
``(7) Puget sound action agenda; action agenda.--The
term `Puget Sound Action Agenda' or `Action Agenda'
means the most recent plan developed by the Puget Sound
National Estuary Program Management Conference, in
consultation with the Puget Sound Tribal Management
Conference, and approved by the Administrator as the
comprehensive conservation and management plan for the
Puget Sound under section 320.
``(8) Puget sound federal leadership task force.--The
term `Puget Sound Federal Leadership Task Force' means
the Puget Sound Federal Leadership Task Force
established under subsection (c).
``(9) Puget sound federal task force.--The term
`Puget Sound Federal Task Force' means the Puget Sound
Federal Task Force established in 2016 under a
memorandum of understanding among 9 Federal agencies.
``(10) Puget sound national estuary program
management conference.--The term `Puget Sound National
Estuary Program Management Conference' means the
management conference for the Puget Sound convened
pursuant to section 320.
``(11) Puget sound partnership.--The term `Puget
Sound Partnership' means the State agency created under
the laws of the State of Washington (section 90.71.210
of the Revised Code of Washington), or its successor
agency that has been designated by the Administrator as
the lead entity to support the Puget Sound National
Estuary Program Management Conference.
``(12) Puget sound region.--
``(A) In general.--The term `Puget Sound
region' means the land and waters in the
northwest corner of the State of Washington
from the Canadian border to the north to the
Pacific Ocean on the west, including Hood Canal
and the Strait of Juan de Fuca.
``(B) Inclusion.--The term `Puget Sound
region' includes all watersheds that drain into
the Puget Sound.
``(13) Puget sound tribal management conference.--The
term `Puget Sound Tribal Management Conference' means
the 20 treaty Indian tribes of western Washington and
the Northwest Indian Fisheries Commission.
``(14) Salish sea.--The term `Salish Sea' means the
network of coastal waterways on the west coast of North
America that includes the Puget Sound, the Strait of
Georgia, and the Strait of Juan de Fuca.
``(15) Salmon recovery plans.--The term `Salmon
Recovery Plans' means the recovery plans for salmon and
steelhead species approved by the Secretary of the
Interior under section 4(f) of the Endangered Species
Act of 1973 that are applicable to the Puget Sound
region.
``(16) State advisory committee.--The term `State
Advisory Committee' means the advisory committee
established by subsection (d).
``(17) Treaty rights at risk initiative.--The term
`Treaty Rights at Risk Initiative' means the report
from the treaty Indian tribes of western Washington
entitled `Treaty Rights At Risk: Ongoing Habitat Loss,
the Decline of the Salmon Resource, and Recommendations
for Change' and dated July 14, 2011, or its successor
report that outlines issues and offers solutions for
the protection of Tribal treaty rights, recovery of
salmon habitat, and management of sustainable treaty
and nontreaty salmon fisheries, including through
Tribal salmon hatchery programs.
``(b) Puget Sound Recovery National Program Office.--
``(1) Establishment.--There is established in the
Environmental Protection Agency a Puget Sound Recovery
National Program Office, to be located in the State of
Washington.
``(2) Director.--
``(A) In general.--There shall be a Director
of the Program Office, who shall have
leadership and project management experience
and shall be highly qualified to--
``(i) direct the integration of
multiple project planning efforts and
programs from different agencies and
jurisdictions; and
``(ii) align numerous, and possibly
competing, priorities to accomplish
visible and measurable outcomes under
the Action Agenda.
``(B) Position.--The position of Director of
the Program Office shall be a career reserved
position, as such term is defined in section
3132 of title 5, United States Code.
``(3) Delegation of authority; staffing.--Using
amounts made available to carry out this section, the
Administrator shall delegate to the Director such
authority and provide such staff as may be necessary to
carry out this section.
``(4) Duties.--The Director shall--
``(A) coordinate and manage the timely
execution of the requirements of this section,
including the formation and meetings of the
Puget Sound Federal Leadership Task Force;
``(B) coordinate activities related to the
restoration and protection of the Puget Sound
across the Environmental Protection Agency;
``(C) coordinate and align the activities of
the Administrator with the Action Agenda,
Salmon Recovery Plans, the Treaty Rights at
Risk Initiative, and the Coastal Nonpoint
Pollution Control Program;
``(D) promote the efficient use of
Environmental Protection Agency resources in
pursuit of the restoration and protection of
the Puget Sound;
``(E) serve on the Puget Sound Federal
Leadership Task Force and collaborate with,
help coordinate, and implement activities with
other Federal agencies that have
responsibilities involving the restoration and
protection of the Puget Sound;
``(F) provide or procure such other advice,
technical assistance, research, assessments,
monitoring, or other support as is determined
by the Director to be necessary or prudent to
most efficiently and effectively fulfill the
objectives and priorities of the Action Agenda,
the Salmon Recovery Plans, the Treaty Rights at
Risk Initiative, and the Coastal Nonpoint
Pollution Control Program, consistent with the
best available science, to ensure the health of
the Puget Sound ecosystem;
``(G) track the progress of the Environmental
Protection Agency towards meeting the agency's
specified objectives and priorities within the
Action Agenda and the Federal Action Plan;
``(H) implement the recommendations of the
Comptroller General set forth in the report
entitled `Puget Sound Restoration: Additional
Actions Could Improve Assessments of Progress'
and dated July 19, 2018;
``(I) serve as liaison and coordinate
activities for the restoration and protection
of the Salish Sea with Canadian authorities,
the Pacific Salmon Commission, and the
International Joint Commission; and
``(J) carry out such additional duties as the
Director determines necessary and appropriate.
``(c) Puget Sound Federal Leadership Task Force.--
``(1) Establishment.--There is established a Puget
Sound Federal Leadership Task Force.
``(2) Membership.--
``(A) Composition.--The Puget Sound Federal
Leadership Task Force shall be composed of the
following members:
``(i) The following individuals
appointed by the Secretary of
Agriculture:
``(I) A representative of the
National Forest Service.
``(II) A representative of
the Natural Resources
Conservation Service.
``(ii) A representative of the
National Oceanic and Atmospheric
Administration appointed by the
Secretary of Commerce.
``(iii) The following individuals
appointed by the Secretary of Defense:
``(I) A representative of the
Corps of Engineers.
``(II) A representative of
the Joint Base Lewis-McChord.
``(III) A representative of
the Commander, Navy Region
Northwest.
``(iv) The Director of the Program
Office.
``(v) The following individuals
appointed by the Secretary of Homeland
Security:
``(I) A representative of the
Coast Guard.
``(II) A representative of
the Federal Emergency
Management Agency.
``(vi) The following individuals
appointed by the Secretary of the
Interior:
``(I) A representative of the
Bureau of Indian Affairs.
``(II) A representative of
the United States Fish and
Wildlife Service.
``(III) A representative of
the United States Geological
Survey.
``(IV) A representative of
the National Park Service.
``(vii) The following individuals
appointed by the Secretary of
Transportation:
``(I) A representative of the
Federal Highway Administration.
``(II) A representative of
the Federal Transit
Administration.
``(viii) Representatives of such
other Federal agencies, programs, and
initiatives as the other members of the
Puget Sound Federal Leadership Task
Force determines necessary.
``(B) Qualifications.--Members appointed
under this paragraph shall have experience and
expertise in matters of restoration and
protection of large watersheds and bodies of
water, or related experience that will benefit
the restoration and protection of the Puget
Sound.
``(C) Co-chairs.--
``(i) In general.--The following
members of the Puget Sound Federal
Leadership Task Force shall serve as
Co-Chairs of the Puget Sound Federal
Leadership Task Force:
``(I) The representative of
the National Oceanic and
Atmospheric Administration.
``(II) The Director of the
Program Office.
``(III) The representative of
the Corps of Engineers.
``(ii) Leadership.--The Co-Chairs
shall ensure the Puget Sound Federal
Leadership Task Force completes its
duties through robust discussion of all
relevant issues. The Co-Chairs shall
share leadership responsibilities
equally.
``(3) Duties.--
``(A) General duties.--The Puget Sound
Federal Leadership Task Force shall--
``(i) uphold Federal trust
responsibilities to restore and protect
resources crucial to Tribal treaty
rights, including by carrying out
government-to-government consultation
with Indian tribes when requested by
such tribes;
``(ii) provide a venue for dialogue
and coordination across all Federal
agencies represented by a member of the
Puget Sound Federal Leadership Task
Force to align Federal resources for
the purposes of carrying out the
requirements of this section and all
other Federal laws that contribute to
the restoration and protection of the
Puget Sound, including by--
``(I) enabling and
encouraging such agencies to
act consistently with the
objectives and priorities of
the Action Agenda, the Salmon
Recovery Plans, the Treaty
Rights at Risk Initiative, and
the Coastal Nonpoint Pollution
Control Program;
``(II) facilitating the
coordination of Federal
activities that impact such
restoration and protection;
``(III) facilitating the
delivery of feedback given by
such agencies to the Puget
Sound Partnership during the
development of the Action
Agenda;
``(IV) facilitating the
resolution of interagency
conflicts associated with such
restoration and protection
among such agencies;
``(V) providing a forum for
exchanging information among
such agencies regarding
activities being conducted,
including obstacles or
efficiencies found, during
restoration and protection
activities; and
``(VI) promoting the
efficient use of government
resources in pursuit of such
restoration and protection
through coordination and
collaboration, including by
ensuring that the Federal
efforts relating to the science
necessary for such restoration
and protection are consistent,
and not duplicative, across the
Federal Government;
``(iii) catalyze public leaders at
all levels to work together toward
shared goals by demonstrating
interagency best practices coming from
such agencies;
``(iv) provide advice and support on
scientific and technical issues and act
as a forum for the exchange of
scientific information about the Puget
Sound;
``(v) identify and inventory Federal
environmental research and monitoring
programs related to the Puget Sound,
and provide such inventory to the Puget
Sound National Estuary Program
Management Conference;
``(vi) ensure that Puget Sound
restoration and protection activities
are as consistent as practicable with
ongoing restoration and protection and
related efforts in the Salish Sea that
are being conducted by Canadian
authorities, the Pacific Salmon
Commission, and the International Joint
Commission;
``(vii) ensure that Puget Sound
restoration and protection activities
are consistent with national security
interests;
``(viii) establish any working groups
or committees necessary to assist the
Puget Sound Federal Leadership Task
Force in its duties, including relating
to public policy and scientific issues;
and
``(ix) raise national awareness of
the significance of the Puget Sound.
``(B) Puget sound federal action plan.--
``(i) In general.--Not later than 5
years after the date of enactment of
this section, the Puget Sound Federal
Leadership Task Force shall develop and
approve a Federal Action Plan that
leverages Federal programs across
agencies and serves to coordinate
diverse programs and priorities for the
restoration and protection of the Puget
Sound.
``(ii) Revision of puget sound
federal action plan.--Not less often
than once every 5 years after the date
of approval of the Federal Action Plan
under clause (i), the Puget Sound
Federal Leadership Task Force shall
review, and revise as appropriate, the
Federal Action Plan.
``(C) Feedback by federal agencies.--In
facilitating feedback under subparagraph
(A)(ii)(III), the Puget Sound Federal
Leadership Task Force shall request Federal
agencies to consider, at a minimum, possible
Federal actions within the Puget Sound region
designed to--
``(i) further the goals, targets, and
actions of the Action Agenda, the
Salmon Recovery Plans, the Treaty
Rights at Risk Initiative, and the
Coastal Nonpoint Pollution Control
Program;
``(ii) as applicable, implement and
enforce this Act, the Endangered
Species Act of 1973, and all other
Federal laws that contribute to the
restoration and protection of the Puget
Sound, including those that protect
Tribal treaty rights;
``(iii) prevent the introduction and
spread of invasive species;
``(iv) protect marine and wildlife
habitats;
``(v) protect, restore, and conserve
forests, wetlands, riparian zones, and
nearshore waters;
``(vi) promote resilience to climate
change and ocean acidification effects;
``(vii) restore fisheries so that
they are sustainable and productive;
``(viii) preserve biodiversity;
``(ix) restore and protect ecosystem
services that provide clean water,
filter toxic chemicals, and increase
ecosystem resilience; and
``(x) improve water quality,
including by preventing and managing
stormwater runoff, incorporating
erosion control techniques and trash
capture devices, using sustainable
stormwater practices, and mitigating
and minimizing nonpoint source
pollution, including marine litter.
``(4) Participation of state advisory committee and
puget sound tribal management conference.--The Puget
Sound Federal Leadership Task Force shall carry out its
duties with input from, and in collaboration with, the
State Advisory Committee and the Puget Sound Tribal
Management Conference, including by seeking advice and
recommendations on the actions, progress, and issues
pertaining to the restoration and protection of the
Puget Sound.
``(5) Meetings.--
``(A) Initial meeting.--The Puget Sound
Federal Leadership Task Force shall meet not
later than 180 days after the date of enactment
of this section--
``(i) to determine if all Federal
agencies are properly represented;
``(ii) to establish the bylaws of the
Puget Sound Federal Leadership Task
Force;
``(iii) to establish necessary
working groups or committees; and
``(iv) to determine subsequent
meeting times, dates, and logistics.
``(B) Subsequent meetings.--After the initial
meeting, the Puget Sound Federal Leadership
Task Force shall meet, at a minimum, twice per
year to carry out the duties of the Puget Sound
Federal Leadership Task Force.
``(C) Working group meetings.--A meeting of
any established working group or committee of
the Puget Sound Federal Leadership Task Force
shall not be considered a biannual meeting for
purposes of subparagraph (B).
``(D) Joint meetings.--The Puget Sound
Federal Leadership Task Force--
``(i) shall offer to meet jointly
with the Puget Sound National Estuary
Program Management Conference and the
Puget Sound Tribal Management
Conference, at a minimum, once per
year; and
``(ii) may consider such a joint
meeting to be a biannual meeting of the
Puget Sound Federal Leadership Task
Force for purposes of subparagraph (B).
``(E) Quorum.--A simple majority of the
members of the Puget Sound Federal Leadership
Task Force shall constitute a quorum.
``(F) Voting.--For the Puget Sound Federal
Leadership Task Force to take an official
action, a quorum shall be present, and at least
a two-thirds majority of the members present
shall vote in the affirmative.
``(6) Puget sound federal leadership task force
procedures and advice.--
``(A) Advisors.--The Puget Sound Federal
Leadership Task Force may seek advice and input
from any interested, knowledgeable, or affected
party as the Puget Sound Federal Leadership
Task Force determines necessary to perform its
duties.
``(B) Compensation.--A member of the Puget
Sound Federal Leadership Task Force shall
receive no additional compensation for service
as a member on the Puget Sound Federal
Leadership Task Force.
``(C) Travel expenses.--Travel expenses
incurred by a member of the Puget Sound Federal
Leadership Task Force in the performance of
service on the Puget Sound Federal Leadership
Task Force may be paid by the agency that the
member represents.
``(7) Puget sound federal task force.--
``(A) In general.--On the date of enactment
of this section, the 2016 memorandum of
understanding establishing the Puget Sound
Federal Task Force shall cease to be effective.
``(B) Use of previous work.--The Puget Sound
Federal Leadership Task Force shall, to the
extent practicable, use the work product
produced, relied upon, and analyzed by the
Puget Sound Federal Task Force in order to
avoid duplicating the efforts of the Puget
Sound Federal Task Force.
``(d) State Advisory Committee.--
``(1) Establishment.--There is established a State
Advisory Committee.
``(2) Membership.--The State Advisory Committee shall
consist of up to seven members designated by the
governing body of the Puget Sound Partnership, in
consultation with the Governor of Washington, who will
represent Washington State agencies that have
significant roles and responsibilities related to the
restoration and protection of the Puget Sound.
``(e) Federal Advisory Committee Act.--The Puget Sound
Federal Leadership Task Force, State Advisory Committee, and
any working group or committee of the Puget Sound Federal
Leadership Task Force, shall not be considered an advisory
committee under the Federal Advisory Committee Act (5 U.S.C.
App.).
``(f) Puget Sound Federal Leadership Task Force Biennial
Report on Puget Sound Restoration and Protection Activities.--
``(1) In general.--Not later than 1 year after the
date of enactment of this section, and biennially
thereafter, the Puget Sound Federal Leadership Task
Force, in collaboration with the Puget Sound Tribal
Management Conference and the State Advisory Committee,
shall submit to the President, Congress, the Governor
of Washington, and the governing body of the Puget
Sound Partnership a report that summarizes the
progress, challenges, and milestones of the Puget Sound
Federal Leadership Task Force relating to the
restoration and protection of the Puget Sound.
``(2) Contents.--The report submitted under paragraph
(1) shall include a description of the following:
``(A) The roles and progress of each State,
local government entity, and Federal agency
that has jurisdiction in the Puget Sound region
relating to meeting the identified objectives
and priorities of the Action Agenda, the Salmon
Recovery Plans, the Treaty Rights at Risk
Initiative, and the Coastal Nonpoint Pollution
Control Program.
``(B) If available, the roles and progress of
Tribal governments that have jurisdiction in
the Puget Sound region relating to meeting the
identified objectives and priorities of the
Action Agenda, the Salmon Recovery Plans, the
Treaty Rights at Risk Initiative, and the
Coastal Nonpoint Pollution Control Program.
``(C) A summary of specific recommendations
concerning implementation of the Action Agenda
and the Federal Action Plan, including
challenges, barriers, and anticipated
milestones, targets, and timelines.
``(D) A summary of progress made by Federal
agencies toward the priorities identified in
the Federal Action Plan.
``(g) Tribal Rights and Consultation.--
``(1) Preservation of tribal treaty rights.--Nothing
in this section affects, or is intended to affect, any
right reserved by treaty between the United States and
one or more Indian tribes.
``(2) Consultation.--Nothing in this section affects
any authorization or obligation of a Federal agency to
consult with an Indian tribe under any other provision
of law.
``(h) Consistency.--
``(1) In general.--Actions authorized or implemented
under this section shall be consistent with--
``(A) the Salmon Recovery Plans;
``(B) the Coastal Nonpoint Pollution Control
Program; and
``(C) the water quality standards of the
State of Washington approved by the
Administrator under section 303.
``(2) Federal actions.--All Federal agencies
represented on the Puget Sound Federal Leadership Task
Force shall act consistently with the protection of
Tribal, treaty-reserved rights and, to the greatest
extent practicable given such agencies' existing
obligations under Federal law, act consistently with
the objectives and priorities of the Action Agenda, the
Salmon Recovery Plans, the Treaty Rights at Risk
Initiative, and the Coastal Nonpoint Pollution Control
Program, when--
``(A) conducting Federal agency activities
within or outside the Puget Sound that affect
any land or water use or natural resources of
the Puget Sound region, including activities
performed by a contractor for the benefit of a
Federal agency;
``(B) interpreting and enforcing regulations
that impact the restoration and protection of
the Puget Sound;
``(C) issuing Federal licenses or permits
that impact the restoration and protection of
the Puget Sound; and
``(D) granting Federal assistance to State,
local, and Tribal governments for activities
related to the restoration and protection of
the Puget Sound.''.
(c) Lake Pontchartrain Basin Restoration Program.--
(1) Review of comprehensive management plan.--Section
121 of the Federal Water Pollution Control Act (33
U.S.C. 1273) is amended--
(A) in subsection (c)--
(i) in paragraph (5), by striking ``;
and'' and inserting a semicolon;
(ii) in paragraph (6), by striking
the period and inserting ``; and''; and
(iii) by adding at the end the
following:
``(7) ensure that the comprehensive conservation and
management plan approved for the Basin under section
320 is reviewed and revised in accordance with section
320 not less often than once every 5 years, beginning
on the date of enactment of this paragraph.''.
(B) in subsection (d), by striking
``recommended by a management conference
convened for the Basin under section 320'' and
inserting ``identified in the comprehensive
conservation and management plan approved for
the Basin under section 320''.
(2) Definitions.--Section 121(e)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1273(e)(1)) is
amended by striking ``, a 5,000 square mile''.
(3) Administrative costs.--Section 121(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1273(f))
is amended by adding at the end the following:
``(3) Administrative expenses.--Not more than 5
percent of the amounts appropriated to carry out this
section may be used for administrative expenses.''.
(4) Application to existing appropriations.--Amounts
appropriated for Lake Pontchartrain by title VI of
division J of the Infrastructure Investment and Jobs
Act under the heading ``Environmental Protection
Agency--Environmental Programs and Management'' (Public
Law 117-58; 135 Stat. 1396) shall be considered to be
appropriated pursuant to section 121 of the Federal
Water Pollution Control Act, as amended by this
subsection, including with respect to the use of such
funds for administrative expenses under subsection
(f)(3) of such section 121.
----------
637. An Amendment To Be Offered by Representative Takano of California
or His Designee, Debatable for 10 Minutes
At the end of title LI, insert the following:
SEC. 51__. PROVISION OF HEALTH CARE BENEFITS FOR CERTAIN INDIVIDUALS
WHO SERVED IN THE ARMED FORCES OF THE REPUBLIC OF
KOREA.
Section 109 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) Any person described in paragraph (2) shall be
entitled to hospital and domiciliary care and medical services
within the United States under chapter 17 of this title to the
same extent as if the service described in such paragraph had
been performed in the Armed Forces of the United States.
``(2) A person described in this paragraph is a person whom
the Secretary determines meets the following criteria:
``(A) The person served in Vietnam as a member of the
armed forces of the Republic of Korea at any time
during the period beginning on January 9, 1962, and
ending on May 7, 1975, or such other period as
determined appropriate by the Secretary for purposes of
this subsection.
``(B) The person became a citizen of the United
States on or after the date on which such service in
the armed forces of the Republic of Korea ended.''.
----------
638. An Amendment To Be Offered by Representative Tlaib of Michigan or
Her Designee, Debatable for 10 Minutes
Page 1262, after line 23, insert the following:
SEC. 5403. REVIEW OF FHA SMALL-DOLLAR MORTGAGE PRACTICES.
(a) Congressional Findings.--The Congress finds that--
(1) affordable homeownership opportunities are being
hindered due to the lack of financing available for
home purchases under $100,000;
(2) according to the Urban Institute, small-dollar
mortgage loan applications in 2017 were denied by
lenders at double the rate of denial for large mortgage
loans, and this difference in denial rates cannot be
fully explained by differences in the applicants'
credit profiles;
(3) according to data compiled by Attom Data
solutions, small-dollar mortgage originations have
decreased 38 percent since 2009, while there has been a
65-percent increase in origination of mortgages for
more than $150,000;
(4) the FHA's mission is to serve creditworthy
borrowers who are underserved and, according to the
Urban Institute, the FHA serves 24 percent of the
overall market, but only 19 percent of the small-dollar
mortgage market; and
(5) the causes behind these variations are not fully
understood, but merit study that could assist in
furthering the Department of Housing and Urban
Development's mission, including meeting the housing
needs of borrowers the program is designed to serve and
reducing barriers to homeownership, while protecting
the solvency of the Mutual Mortgage Insurance Fund.
(b) Review.--The Secretary of Housing and Urban Development
shall conduct a review of its FHA single-family mortgage
insurance policies, practices, and products to identify any
barriers or impediments to supporting, facilitating, and making
available mortgage insurance for small dollar mortgages, as
defined by the Secretary. Not later than the expiration of the
12-month period beginning on the date of the enactment of this
Act, the Secretary shall submit a report to the Congress
describing the findings of such review and the actions that the
Secretary will take, without adversely affecting the solvency
of the Mutual Mortgage Insurance Fund, to remove such barriers
and impediments to providing mortgage insurance for such
mortgages.
----------
639. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
Page 1348, insert after line 23 the following:
SEC. 5806. 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.
----------
640. An Amendment To Be Offered by Representative Torres of California
or Her Designee, Debatable for 10 Minutes
At the appropriate place in division E, 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.
----------
641. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
At the appropriate place in division E, insert:
SECTION __. UNITED STATES FIRE ADMINISTRATION ON-SITE INVESTIGATIONS OF
MAJOR FIRES.
The Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.) is amended by adding at the end the
following:
``SEC. 38. INVESTIGATION AUTHORITIES.
``(a) In General.--In the case of any major fire, the
Administrator may send incident investigators, which may
include safety specialists, fire protection engineers, codes
and standards experts, researchers, and fire training
specialists, to the site of the fire to conduct an
investigation as described in subsection (b).
``(b) Investigation Required.--A fire investigation conducted
under this section--
``(1) shall be conducted in coordination and
cooperation with appropriate Federal, State, and local
authorities, including Federal agencies that are
authorized to investigate a major fire or an incident
of which the major fire is a part; and
``(2) shall examine the determined cause and origin
of the fire and assess broader systematic matters to
include use of codes and standards, demographics,
structural characteristics, smoke and fire dynamics
(movement) during the event, and costs of associated
injuries and deaths.
``(c) Report.--Upon concluding any fire investigation under
this section, the Administrator shall issue a public report to
local, State, and Federal authorities on the findings of such
investigation, or collaborate with another investigating
Federal agency on that agency's report, including
recommendations on--
``(1) any other buildings with similar
characteristics that may bear similar fire risks;
``(2) improving tactical response to similar fires;
``(3) improving civilian safety practices;
``(4) assessing the costs and benefits to the
community of adding fire safety features; and
``(5) how to mitigate the causes of such fire.
``(d) Discretionary Authority.--In addition to investigations
conducted pursuant to subsection (a), the Administrator may
send fire investigators to conduct investigations at the site
of any fire with unusual or remarkable context that results in
losses less severe than those occurring as a result of a major
fire, in coordination with appropriate Federal, State, and
local authorities, including Federal agencies that are
authorized to investigate a major fire or an incident of which
the major fire is a part.
``(e) Major Fire Defined.--For purposes of this section, the
term `major fire' shall have the meaning given such term under
regulations to be issued by the Administrator.''.
----------
642. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
Add at the end of title LII of division E the following:
SEC. 5206. REPORT ON PUERTO RICO'S ELECTRIC GRID.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
and the Administrator of the Federal Emergency Management
Agency (FEMA), in consultation with the Secretary of the
Department of Energy and the Secretary of the Department of
Housing and Urban Development, shall submit to the appropriate
congressional committees a report on Puerto Rico's progress
toward rebuilding the electric grid and detailing the efforts
the Federal Government is undertaking to expedite such
rebuilding. The report shall contain the following:
(1) An analysis of the state of Puerto Rico's
electric grid, including the following:
(A) A list of projects in order of priority,
estimated cost, and estimated time necessary
for completion.
(B) An analysis of the measures taken by the
Federal Government to expedite such rebuilding
and the effectiveness of such measures.
(C) Information relating to the amount of
funds that have been allocated and the amount
of funds that have been disbursed.
(D) An analysis of how the Federal Government
can provide further assistance in expediting
such rebuilding.
(2) An analysis of the state of Puerto Rico's
renewable energy generation and storage capacities,
including the following:
(A) A list of current and expected projects
focused on renewable energy generation and
storage.
(B) A report on the development of renewable
energy sources in Puerto Rico, including
projections for meeting renewable energy
metrics established in the Puerto Rico Energy
Public Policy Act (Act 17).
(C) An analysis of challenges for improving
Puerto Rico's renewable energy capacity and
recommendations for addressing such challenges.
(D) An analysis of how the Federal Government
can provide further assistance, including
funding and legislative actions, in
facilitating renewable energy development and
improving Puerto Rico's renewable energy
generation and storage capacities.
(E) An analysis of the extent to which the
federally funded projects to rebuild the
electric grid will support an efficient
transition from fossil fueled generation
sources to renewable sources, in a manner that
sustains reliable power supply during such
transition, preserves base and peak load
capacity upon completion of such transition,
and prevents creation of stranded assets.
(3) Recommendations, as appropriate, for power
companies and governments to reduce the number of
outages and blackouts.
(4) Proposals, as appropriate, for legislative
actions and funding needed to improve the process of
fund disbursement for critical projects related to
electric grids.
(5) A plan for expediting such rebuilding by not
later than three months after the report is so
submitted.
(b) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on Homeland
Security, the Committee on Natural Resources, the Committee on
Energy and Commerce, and the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Energy and Natural Resources of the Senate.
----------
643. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. DISCLOSURE OF BUSINESSES TIES TO RUSSIA.
(a) In General.--Section 13 of the Securities Exchange Act of
1934 (15 U.S.C. 78m) is amended by adding at the end the
following:
``(s) Disclosure of Business Ties to Russia.--Any issuer
required to file an annual or quarterly report under subsection
(a) that--
``(1) does business in Russia, or with or through
firms domiciled in Russia, regardless of where that
business activity takes place, or
``(2) with the Russian government, or with any entity
owned by or affiliated with such government, regardless
of where that business activity takes place,
shall disclose in that report relevant facts and a description
about the business activity.''.
(b) The Securities and Exchange Commission shall within 270
days of enactment of this section define any necessary terms
and amend its rules or forms, to carry out the requirements of
the provision added by subsection (a).
----------
644. An Amendment To Be Offered by Representative Torres of New York or
His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 5403. SMALL BUSINESS LOAN DATA COLLECTION.
(a) In General.--Section 704B of the Equal Credit Opportunity
Act (15 U.S.C. 1691c-2) is amended--
(1) by inserting ``LGBTQ-owned,'' after ``minority-
owned,'' each place such term appears;
(2) in subsection (e)(2)(G), by inserting ``, sexual
orientation, gender identity'' after ``sex''; and
(3) in subsection (h), by adding at the end the
following:
``(7) LGBTQ-owned business.--The term `LGBTQ-owned
business' means a business--
``(A) more than 50 percent of the ownership
or control of which is held by 1 or more
individuals self-identifying as lesbian, gay,
bisexual, transgender, or queer; and
``(B) more than 50 percent of the net profit
or loss of which accrues to 1 or more
individuals self-identifying as lesbian, gay,
bisexual, transgender, or queer.''.
(b) Discretionary Surplus Fund.--
(1) In general.--Subparagraph (A) of section 7(a)(3)
of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is
amended by reducing the dollar figure described in such
subparagraph by $500,000.
(2) Effective date.--The amendment made by paragraph
(1) shall take effect on September 30, 2032.
----------
645. An Amendment To Be Offered by Representative Trahan of
Massachusetts or Her Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. MULTILATERAL AGREEMENT TO ESTABLISH AN INDEPENDENT
INTERNATIONAL CENTER FOR RESEARCH ON THE
INFORMATION ENVIRONMENT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall take such
action as may be necessary to seek to initiate negotiations to
obtain an agreement on a multilateral basis with countries that
are allies or partners of the United States, including
countries that are members of the Group of Seven (G7), to
establish an independent international center for research on
the information environment (in this section referred to as the
``research center'').
(b) Consultation.--As part of the negotiations to obtain an
agreement described in subsection (a), the Secretary of State
should consult with--
(1) representatives from providers of prominent
online platforms;
(2) researchers from the fields of information
science, media studies, international data governance,
and other similar fields;
(3) privacy and human and civil rights advocates;
(4) technologists, including individuals with
training and expertise in the state of the art in the
fields of information technology, information security,
network security, software development, computer
science, computer engineering, and other related
fields;
(5) representatives from international standards-
setting organizations; and
(6) experts in mechanisms for enabling access to
online platform data which is compliant with data
protection frameworks.
(c) Purposes, Functions, and Related Administrative
Provisions of Research Center.--An agreement obtained under
subsection (a) should include provisions relating to the
following:
(1) The purposes and functions of the research
center, including its mandate to ensure the widest
possible cooperation among member countries of the
research center to ensure such purposes are achieved
and such functions are carried out, including to--
(A) enable international collaboration to
gain understanding and measure the impacts of
foreign state and non-state propaganda and
disinformation efforts aimed at undermining or
influencing the policies, security, or
stability of the United States and countries
that are allies or partners of the United
States;
(B) enable international collaboration to
gain understanding and measure the impacts of
the content moderation, product design
decisions, and algorithms of online platforms
on society, politics, the spread of hate,
harassment, and extremism, security, privacy,
and physical or mental health, including
considerations for youth development;
(C) conduct research projects with a focus on
the global information environment that require
information from or about multiple online
platforms and multi-year time horizons;
(D) conduct research projects that explore
the impact of published media, such as
television, podcasts, radio, and newspapers, on
so-ciety, politics, the spread of hate,
harassment, and extremism, security, privacy,
and physical or mental health, including
considerations for youth development;
(E) facilitate secure information sharing
between online platforms and researchers
affiliated with the research center;
(F) disseminate findings to the public; and
(G) offer recommendations to online platforms
and governments regarding ways to ensure a safe
and resilient online information environment.
(2) The governance structure and process for adding
and removing member countries of the research center.
(3) The process by which a researcher can become
affiliated with or join the research center, including
provisions to ensure the researcher is not working on
behalf of a business enterprise.
(4) A proposed budget and contributions to be
provided by member countries of the research center.
(d) Proposal for Secure Information Sharing With Research
Center.--
(1) In general.--An agreement obtained under
subsection (a) should include provisions relating to
the following:
(A) Best practices regarding what types of
information from an online platform should be
made available, and under what circumstances,
to the research center.
(B) A code of conduct for researchers working
with information made available as described in
subparagraph (A).
(2) Matters to be included.--
(A) Review by research center prior to
publication.--The provisions described in
paragraph (1) should include the circumstances
under which the research center will review a
publication based on information made available
to the research center prior to publication to
determine whether the publication violates the
privacy of a user of the online platform or
other information outlet that made available
the information or would reveal trade secrets
of the provider of the online platform or other
information outlet.
(B) User privacy.--The provisions described
in paragraph (1) should--
(i) ensure that the making available
of information to the research center
and the provision of access to the
information by the research center do
not infringe upon reasonable
expectations of personal privacy of
users of online platforms or of other
individuals; and
(ii) ensure that information is made
available to the research center
consistent with any applicable privacy
and data security laws of member
countries.
(C) Code of conduct for researchers.--The
code of conduct included under paragraph (1)(B)
in the provisions described in paragraph (1)
should require researchers described in such
paragraph to commit to the following:
(i) To use information made available
to the research center only for
research purposes specified in the
agreement establishing the research
center.
(ii) Not to re-identify, or to
attempt to re-identify, an individual
to whom information made available to
the research center relates.
(iii) Not to publish personal
information derived from information
made available to the research center.
(iv) To comply with limits on
commercial use of information made
available to the research center or
research conducted using such
information, as specified by the
research center.
(e) Online Platform Defined.--In this section, the term
``online platform'' means a service provided over the internet
that enables two or more distinct but interdependent sets of
users (which may be firms or individuals) to interact with each
other.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of State to carry out this
section $10,000,000 for each of the fiscal years 2023 and 2024.
----------
646. An Amendment To Be Offered by Representative Trone of Maryland or
His Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. 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 including 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.
(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.
(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.--In
addition to amounts otherwise authorized for the
purposes described in this subsection, there is
authorized to be appropriated to the Secretary
$4,000,000 for each of the fiscal years 2023 through
2027 to carry out this subsection.
(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.--In
addition to amounts otherwise authorized for the
purposes described in this subsection, there is
authorized to be appropriated to the Secretary
$1,000,000 for each of the fiscal years 2023 through
2027 to carry out this subsection.
(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--
(A) by redesignating the second paragraph
(10) (relating to an identification of the
countries that are the most significant sources
of illicit fentanyl and fentanyl analogues) as
paragraph (11); and
(B) by adding at the end the following:
``(12) Information that contains an assessment of the
countries significantly involved in the manufacture,
production, or transshipment of synthetic opioids,
including fentanyl and fentanyl analogues, including
the following:
``(A) The scale of legal domestic production
and any available information on the number of
manufacturers and producers of such opioids in
such countries.
``(B) 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.
``(C) The types of inputs used and a
description of the primary methods of synthesis
employed by illegal producers of such opioids.
``(D) 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.
``(13) Information on, to the extent practicable, any
policies of responding to a substance described in
section [__](g)(2) of the National Defense
Authorization Act for Fiscal Year 2023, including the
following:
``(A) Which governments have articulated
policies on scheduling of such substances.
``(B) Any data on impacts of such policies
and other responses to such substances.
``(C) An assessment of any policies the
United States could adopt to improve its
response to such substances.''.
(2) Modifications to definitions.--Section 481(e) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e))
is amended--
(A) in paragraph (2)(D), by inserting ``or a
significant direct source of illicit narcotic
or psychotropic drugs or other controlled
substances'' after ``opioids''; and
(B) by amending 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) Covered Synthetic Drug.--In this section, the term
``covered synthetic drug'' means--
(1) 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
(2) 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.
----------
647. An Amendment To Be Offered by Representative Van Duyne of Texas or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following:
SEC. 8__. STUDY ON SMALL BUSINESS ASSISTANCE TO FOREIGN-BASED
COMPANIES.
(a) Study.--The Comptroller General of the United States
shall conduct a study to determine the amount of small business
assistance that has been received by foreign-based small
business concerns during the period beginning on March 1, 2020,
and ending on the date of the enactment of this Act.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller
General shall submit to Congress a report on the
findings of the study conducted under subsection (a),
including the amount of small business assistance that
has been received by foreign-based small business
concerns in total and disaggregated by country of
origin.
(2) Identifiable or proprietary information.--The
Comptroller General shall ensure that the report
submitted under paragraph (1) does not include any
identifiable or proprietary information of any foreign-
based small business concern.
(c) Definitions.--In this section:
(1) Country of origin.--The term ``country of
origin'' means the country, other than the United
States--
(A) in which a foreign-based small business
concern is headquartered;
(B) under the laws of which an entity owning
or holding, directly or indirectly, not less
than 25 percent of the economic interest of a
foreign-based small business concern is
organized; or
(C) of which a person owning or holding,
directly or indirectly, not less than 25
percent of the economic interest of a foreign-
based small business concern is a citizen.
(2) Foreign-based small business concern.--The term
``foreign-based small business concern'' means a small
business concern--
(A) that is headquartered in a country other
than the United States; or
(B) for which an entity organized under the
laws of a country other than the United States,
or a citizen of such a country, owns or holds,
directly or indirectly, not less than 25
percent of the economic interest of the small
business concern, including as equity shares or
a capital or profit interest in a limited
liability company or partnership.
(3) Small business assistance.--The term ``small
business assistance'' means any Federal funds and other
benefits available to small business concerns under
programs administered by the Small Business
Administration, including--
(A) loans, whether directly or indirectly
made;
(B) grants; and
(C) contracting preferences.
(4) Small business concern.--The term ``small
business concern'' has the meaning given such term
under section 3 of the Small Business Act (15 U.S.C.
632).
----------
648. An Amendment To Be Offered by Representative Vargas of California
or His Designee, Debatable for 10 Minutes
Add at the end of title LIV of division E the following:
SEC. 54__. NATIONWIDE EMERGENCY DECLARATION MEDICAL SUPPLIES
ENHANCEMENT.
(a) Determination on Emergency Supplies and Other Public
Health Emergencies.--For the purposes of section 101 of the
Defense Production Act of 1950 (50 U.S.C. 4511), the following
materials may be deemed by the President, during a nationwide
emergency declaration period, to be scarce and critical
materials essential to the national defense and otherwise meet
the requirements of section 101(b) of such Act, and funds
available to implement such Act may be used for the purchase,
production (including the construction, repair, and
retrofitting of government-owned facilities as necessary), or
distribution of such materials:
(1) Face masks and personal protective equipment,
including non-surgical isolation gowns, face shields,
nitrile gloves, N-95 filtering facepiece respirators,
and any other masks or equipment (including durable
medical equipment) determined by the Secretary of
Health and Human Services to be needed to respond
during a nationwide emergency declaration period, and
the materials, machinery, additional manufacturing
lines or facilities, or other technology necessary to
produce such equipment.
(2) Drugs and devices (as those terms are defined in
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et seq.)) and biological products (as that term is
defined by section 351 of the Public Health Service Act
(42 U.S.C. 262)) that are approved, cleared, licensed,
or authorized for use during a nationwide emergency,
and any materials, manufacturing machinery, additional
manufacturing or fill-finish lines or facilities,
technology, or equipment (including durable medical
equipment) necessary to produce or use such drugs,
biological products, or devices (including syringes,
vials, or other supplies or equipment related to
delivery, distribution, or administration).
(3) 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) 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
subsection (a), 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
subsection (a) to the extent necessary for the national defense
during a nationwide emergency declaration and subsequent major
disaster declarations under sections 501 and 401, respectively,
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191, 5170).
(c) Enhanced Reporting During Nationwide Disaster
Declarations.--
(1) Report on exercising authorities under the
defense production act of 1950.--
(A) In general.--Not later than 90 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 for
the purposes of the nationwide emergency
declaration response.
(B) Contents.--The report required under
subparagraph (A) and the update required under
subparagraph (C) shall include the following:
(i) In general.--With respect to each
exercise of such authority--
(I) 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));
(II) the cost of such
exercise of authority; and
(III) if applicable--
(aa) the amount of
goods that were
purchased or allocated;
(bb) an
identification of the
entity awarded a
contract or purchase
order or that was the
subject of the exercise
of authority; and
(cc) 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.).
(ii) Consultations.--A description of
any consultations conducted with
relevant stakeholders on the needs
addressed by the exercise of the
authorities described in subparagraph
(A).
(C) Update.--The President shall provide an
additional briefing to the appropriate
congressional committees on the matters
described under subparagraph (B) no later than
four months after the submission of the report.
(2) Sunset.--The requirements of this section shall
terminate at the end of the nationwide emergency
declaration period.
----------
649. An Amendment To Be Offered by Representative Wagner of Missouri or
Her Designee, Debatable for 10 Minutes
At the appropriate place in title LVIII, insert the
following:
SEC. __. ISOLATE RUSSIAN GOVERNMENT OFFICIALS ACT OF 2022.
(a) Statement of Policy.--It is the policy of the United
States to seek to exclude government officials of the Russian
Federation, to the maximum extent practicable, from
participation in meetings, proceedings, and other activities of
the following organizations:
(1) Group of 20.
(2) Bank for International Settlements.
(3) Basel Committee for Banking Standards.
(4) Financial Stability Board.
(5) International Association of Insurance
Supervisors.
(6) International Organization of Securities
Commissions.
(b) Implementation.--The Secretary of the Treasury, the Board
of Governors of the Federal Reserve System, and the Securities
and Exchange Commission, as the case may be, shall take all
necessary steps to advance the policy set forth in subsection
(a).
(c) Termination.--This section shall have no force or effect
on the earlier of--
(1) the date that is 5 years after the date of the
enactment of this Act; or
(2) the date that is 30 days after the date on which
the President reports to Congress that the Government
of the Russian Federation has ceased its destabilizing
activities with respect to the sovereignty and
territorial integrity of Ukraine.
(d) Waiver.--The President may waive the application of this
section if the President reports to the Congress that the
waiver is in the national interest of the United States and
includes an explanation of the reasons therefor.
----------
650. An Amendment To Be Offered by Representative Wild of Pennsylvania
or Her Designee, Debatable for 10 Minutes
At the end of title LVIII, add the following:
SEC. 58_. PROHIBITION ON CERTAIN ASSISTANCE TO THE PHILIPPINES.
(a) In General.--No funds authorized to be appropriated or
otherwise made available to the Department of State are
authorized to be made available to provide assistance for the
Philippine National Police, including assistance in the form of
equipment or training, until the Secretary of State certifies
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the Government of the Philippines has--
(1) investigated and successfully prosecuted members
of the Philippine National Police who have violated
human rights, ensured that police personnel cooperated
with judicial authorities in such cases, and affirmed
that such violations have ceased;
(2) established that the Philippine National Police
effectively protects the rights of trade unionists,
journalists, human rights defenders, critics of the
government, faith and religious leaders, and other
civil society activists to operate without
interference;
(3) taken effective steps to guarantee a judicial
system that is capable of investigating, prosecuting,
and bringing to justice members of the police and
military who have committed human rights abuses; and
(4) fully complied with domestic and United States
audits and investigations regarding the improper use of
prior security assistance.
(b) Waiver.--The President may, on a case-by-case basis and
for periods not to exceed 180 days each, waive the prohibition
under subsection (a) if the President certifies to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate not later
than 15 days before such waiver is to take effect that such
waiver is vital to the national security interests of the
United States or its partners and allies.
PART B--TEXT OF AMENDMENT TO H.R. 8297 CONSIDERED AS ADOPTED
Page 1, beginning on line 4, strike ``Ensuring Access to
Abortion Act of 2022'' and insert ``Ensuring Women's Right to
Reproductive Freedom Act''.
[all]