Consideration of H.R. 4350, National Defense Authorization Act for Fiscal Year 2022 — Congressional Record
Summary
House pages of the Congressional Record for September 22, 2021, beginning at page H4880. They open with one-minute speeches, including remarks by Ms. Plaskett on the continuing resolution, which she says extends the enhanced rate of Federal matching funds for Medicaid through December 3 of 2021 and suspends the debt limit. The House then resumes consideration of H.R. 4350, the National Defense Authorization Act for Fiscal Year 2022, with recorded votes on amendments printed in part C of House Report 117–125. Amendment No. 5 offered by Ms. Dean is agreed to, yeas 219, nays 204 (Roll No. 269), and Amendment No. 6 offered by Ms. Plaskett is agreed to, yeas 235, nays 190 (Roll No. 270). The closing text prints further amendments, including Amendment No. 137 offered by Mr. Fitzgerald of Wisconsin on annual reports regarding sexual assaults involving National Guard members.
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H4880 CONGRESSIONAL RECORD — HOUSE September 22, 2021
against Federal agencies, at least over- continuing resolution to fund the gov- Carter (LA) Jayapal Peters
Cartwright Jeffries Phillips
sight of Black immigrants coming in, ernment through December and avoid a Case Johnson (GA) Pingree
is going to enable these shameful acts government shutdown, which would be Casten Johnson (TX) Pocan
to continue. We must act together to catastrophic for families and the econ- Castor (FL) Jones Porter
stop it. omy as we recover from the COVID–19 Castro (TX) Kahele Pressley
Chu Kaptur Price (NC)
f pandemic. Cicilline Katko Quigley
I am pleased that this bill includes a Clark (MA) Keating
b 1230 Clarke (NY) Kelly (IL)
Raskin
provision to cancel the outstanding Rice (NY)
GIVING BACK TO VETERANS Cleaver Khanna Ross
balance of community disaster loans Clyburn Kildee Roybal-Allard
(Mrs. MCBATH asked and was given issued by FEMA to the Virgin Islands Cohen Kilmer Ruiz
permission to address the House for 1 as well as disaster assistance through- Connolly Kim (NJ) Ruppersberger
out this country. Cooper Kind Rush
minute and to revise and extend her re- Correa Kirkpatrick
The CR also extends the current en- Ryan
marks.) Costa Krishnamoorthi Sánchez
Mrs. MCBATH. Mr. Speaker, I come hanced rate of Federal matching funds Courtney Kuster Sarbanes
for Medicaid through December 3 of Craig Lamb
from a family of veterans. My father, Crist Langevin
Scanlon
my brother, and nephew all served, and 2021, averting a sharp decline in the Crow Larsen (WA)
Schakowsky
rate of Federal Medicaid funding for es- Schiff
I am honored to fight for our veterans Cuellar Larson (CT) Schneider
and their families here in Washington. sential healthcare for the territories Davids (KS) Lawrence Schrader
and Virgin Islanders living there. Davis, Danny K. Lawson (FL)
Our servicemen and -women have Dean Lee (CA)
Schrier
sacrificed so much for this country. The suspension of the debt limit is Scott (VA)
DeFazio Lee (NV)
Scott, David
And our community and our country also in the continuing resolution, to DeGette Levin (CA)
Sewell
are forever grateful to all who have prevent a default that would trigger an DeLauro Levin (MI)
Sherman
DelBene Lieu
served, and we must always give back economic catastrophe, not only here Delgado Lofgren
Sherrill
but around the world. This suspension Sires
to those who have given us so much. Demings Lowenthal
Slotkin
I am proud of the funding that we is to help pay for President Trump’s DeSaulnier Luria
Smith (WA)
2017 tax cut and the original COVID re- Deutch Lynch
have helped procure for the Veteran Dingell Malinowski
Soto
Rapid Retraining Assistance Program. lief bill signed into law by President Doggett Maloney,
Spanberger
Trump. Speier
It gives veterans in my community and Doyle, Michael Carolyn B.
Stansbury
the country the opportunity to receive We know from his past practices that F. Maloney, Sean
Escobar Manning Stanton
a year of job training, education, and President Trump has no trouble keep- Eshoo Matsui Stevens
housing costs. ing debt, declaring bankruptcy. Thank Espaillat McBath Strickland
Suozzi
This pandemic has been extraor- God Democrats will be the adults in Evans McCollum
Fitzpatrick McEachin Swalwell
dinarily difficult for so many across the room and make responsible deci- Takano
Fletcher McGovern
our country, and this is an important sions. Foster McNerney Thompson (CA)
step toward serving the thousands who Frankel, Lois Meeks Thompson (MS)
f Gaetz Meng Titus
have so bravely served our Nation. Tlaib
Gallego Mfume
f NATIONAL DEFENSE AUTHORIZA- Garamendi Moore (WI) Tonko
TION ACT FOR FISCAL YEAR 2022 Garcı́a (IL) Morelle Torres (CA)
THREATS TO ABORTION ACCESS Garcia (TX) Moulton Torres (NY)
(Mrs. CAROLYN B. MALONEY of The SPEAKER pro tempore (Mr. Golden Mrvan Trahan
ESPAILLAT). Pursuant to clause 1(c) of Gomez Murphy (FL) Trone
New York asked and was given permis- Gonzalez, Nadler Underwood
sion to address the House for 1 minute.) rule XIX, further consideration of the Van Drew
Vicente Napolitano
Mrs. CAROLYN B. MALONEY of New bill (H.R. 4350) to authorize appropria- Gottheimer Neal Vargas
York. Mr. Speaker, on September 1, the tions for fiscal year 2022 for military Green, Al (TX) Neguse Veasey
activities of the Department of Defense Grijalva Newman Vela
Supreme Court allowed Texas Senate Harder (CA) Norcross Velázquez
Law 8 to go into effect, which bans and for military construction, to pre- Hayes O’Halleran Wasserman
nearly all abortions in Texas. scribe military personnel strengths for Higgins (NY) Ocasio-Cortez Schultz
Make no mistake, a 6-week ban is a such fiscal year, and for other pur- Himes Omar Watson Coleman
Horsford Pallone Welch
ban on virtually all abortions. Most poses, will now resume.
Houlahan Panetta Wexton
people don’t even know if they are The Clerk read the title of the bill. Hoyer Pappas Wild
pregnant at 6 weeks. This is the latest AMENDMENT NO. 5 OFFERED BY MS. DEAN Huffman Pascrell Williams (GA)
Jackson Lee Payne Wilson (FL)
in a series of extremist attempts to re- The SPEAKER pro tempore. Pursu- Jacobs (CA) Perlmutter Yarmuth
strict abortion access. ant to clause 8 of rule XX, the unfin-
This December the Supreme Court ished business is the question on NAYS—204
will consider a 15-week ban in Mis- amendment 5, printed in part C of Aderholt Carter (GA) Foxx
sissippi that directly threatens Roe v. House Report 117–125, on which further Allen Carter (TX) Franklin, C.
Wade. With this recent action, the proceedings were postponed and on Amodei Cawthorn Scott
Armstrong Chabot Fulcher
Court has shown that we cannot depend which the yeas and nays were ordered. Arrington Cheney Gallagher
on it to protect our rights. The Clerk will redesignate the Babin Cline Garbarino
This Thursday, I am holding an Over- amendment. Bacon Cloud Garcia (CA)
sight Committee hearing on the The Clerk redesignated the amend- Baird Clyde Gibbs
Balderson Cole Gimenez
unending threat to abortion access, ment. Banks Comer Gonzales, Tony
and on Friday the House must pass the The SPEAKER pro tempore. The Barr Crawford Gonzalez (OH)
Women’s Health Protection Act. question is on the amendment offered Bentz Crenshaw Good (VA)
Bergman Curtis Gooden (TX)
Our abortion rights are under threat, by the gentlewoman from Pennsyl- Bice (OK) Davidson Gosar
and we must act now before it is too vania (Ms. DEAN). Biggs Davis, Rodney Granger
late. The vote was taken by electronic de- Bilirakis DesJarlais Graves (LA)
vice, and there were—yeas 219, nays Bishop (NC) Diaz-Balart Graves (MO)
f Boebert Donalds Green (TN)
204, not voting 8, as follows: Bost Duncan Greene (GA)
CONTINUING RESOLUTION WILL
[Roll No. 269] Brady Dunn Griffith
AVERT A GOVERNMENT SHUT- Brooks Ellzey Grothman
DOWN YEAS—219 Buchanan Emmer Guest
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Adams Bishop (GA) Brown Buck Estes Guthrie
(Ms. PLASKETT asked and was given Aguilar Blumenauer Brownley Bucshon Fallon Hagedorn
permission to address the House for 1 Allred Blunt Rochester Bush Budd Feenstra Harris
minute and to revise and extend her re- Axne Bonamici Bustos Burchett Ferguson Harshbarger
Barragán Bourdeaux Butterfield Burgess Fischbach Hartzler
marks.) Beatty Bowman Carbajal Calvert Fitzgerald Hern
Ms. PLASKETT. Mr. Speaker, this Bera Boyle, Brendan Cárdenas Cammack Fleischmann Herrell
week the House is expected to pass a Beyer F. Carson Carl Fortenberry Herrera Beutler
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4881
Hice (GA) McClintock Scott, Austin The SPEAKER pro tempore. The Bilirakis Graves (LA) Norman
Higgins (LA) McHenry Sessions Bishop (NC) Graves (MO) Nunes
Hill McKinley Simpson
question is on the amendment offered Boebert Greene (GA) Obernolte
Hinson Meijer Smith (MO) by the gentlewoman from the Virgin Bost Griffith Owens
Hollingsworth Meuser Smith (NE) Islands (Ms. PLASKETT). Brady Grothman Palazzo
Hudson Miller (IL) Smith (NJ) Brooks Guest Palmer
Huizenga Miller (WV)
The vote was taken by electronic de- Buchanan Guthrie
Smucker Pence
Issa Miller-Meeks vice, and there were—yeas 235, nays Buck Hagedorn Perry
Spartz
Jackson Moolenaar
Stauber 190, not voting 6, as follows: Bucshon Harris Pfluger
Jacobs (NY) Mooney Budd Harshbarger Posey
Johnson (LA) Moore (AL)
Steel [Roll No. 270] Burchett Hartzler
Stefanik Reed
Johnson (OH) Moore (UT) YEAS—235 Burgess Hern Reschenthaler
Johnson (SD) Mullin Steil Calvert Herrell
Steube Aguilar Gottheimer Newman Rice (SC)
Jordan Murphy (NC) Cammack Hice (GA) Rodgers (WA)
Stewart Allred Green, Al (TX) Norcross
Joyce (OH) Nehls Carl Higgins (LA) Rogers (AL)
Taylor Auchincloss Grijalva O’Halleran
Joyce (PA) Newhouse Carter (GA) Hill Rogers (KY)
Tenney Axne Harder (CA) Ocasio-Cortez
Keller Norman Carter (TX) Hollingsworth Rose
Thompson (PA) Barragán Hayes Omar
Kelly (MS) Nunes Cawthorn Hudson
Bass Herrera Beutler Pallone Rosendale
Kelly (PA) Obernolte Tiffany Chabot Huizenga
Beatty Higgins (NY) Panetta Rouzer
Kim (CA) Owens Timmons Cheney Issa
Bera Himes Pappas Roy
Kinzinger Palazzo Turner Cline Jackson
Beyer Hinson Pascrell Rutherford
Kustoff Palmer Upton Cloud Jacobs (NY)
Bishop (GA) Horsford Payne Scalise
LaHood Pence Valadao Clyde Johnson (OH)
Blumenauer Houlahan Perlmutter Schweikert
Lamborn Perry Van Duyne Cole Johnson (SD)
Blunt Rochester Hoyer Peters Scott, Austin
Latta Pfluger Wagner Crawford Jordan
Bonamici Huffman Phillips Sessions
LaTurner Posey Walberg Crenshaw Keller
Bourdeaux Jackson Lee Pingree Simpson
Letlow Reed Curtis Kelly (MS)
Walorski Bowman Jacobs (CA) Pocan Smith (MO)
Long Reschenthaler Davidson Kelly (PA)
Waltz Boyle, Brendan Jayapal Porter Smith (NE)
Loudermilk Rice (SC) DesJarlais Kustoff
Weber (TX) F. Jeffries Pressley Smith (NJ)
Lucas Rodgers (WA) Diaz-Balart LaHood
Webster (FL) Brown Johnson (GA) Price (NC) Smucker
Luetkemeyer Rogers (KY) Donalds LaMalfa
Wenstrup Brownley Johnson (TX) Quigley Spartz
Mace Rose Duncan Lamborn
Westerman Bush Jones Raskin Stauber
Malliotakis Rosendale Dunn Latta
Williams (TX) Bustos Joyce (OH) Rice (NY) Steel
Mann Rouzer Ellzey LaTurner
Wilson (SC) Butterfield Joyce (PA) Ross Stefanik
Massie Roy Emmer Letlow
Wittman Carbajal Kahele Roybal-Allard Steil
Mast Rutherford Estes Long
Womack Cárdenas Kaptur Ruiz Steube
McCarthy Salazar Fallon Loudermilk
Carson Katko Ruppersberger Stewart
McCaul Scalise Young Feenstra Lucas
Carter (LA) Keating Rush Taylor
McClain Schweikert Zeldin Ferguson Luetkemeyer
Cartwright Kelly (IL) Ryan Tenney
Fischbach Mace
NOT VOTING—8 Case Khanna Salazar Thompson (PA)
Fitzgerald Mann
Casten Kildee Sánchez Tiffany
Auchincloss LaMalfa Rogers (AL) Fleischmann Mast
Castor (FL) Kilmer Sarbanes Timmons
Bass Leger Fernandez Waters Fortenberry McCarthy
Castro (TX) Kim (CA) Scanlon Turner
Gohmert Lesko Foxx McCaul
Chu Kim (NJ) Schakowsky Van Drew
Franklin, C. McClain
Cicilline Kind Schiff
b 1311 Clark (MA) Kinzinger Schneider
Scott McClintock Van Duyne
Wagner
Fulcher McHenry
Clarke (NY) Kirkpatrick Schrader
Messrs. DIAZ-BALART and Cleaver Krishnamoorthi Schrier
Gaetz McKinley Walberg
MCHENRY changed their vote from Gallagher Meijer Walorski
Clyburn Kuster Scott (VA) Waltz
Garbarino Miller (IL)
‘‘yea’’ to ‘‘nay.’’ Cohen Lamb Scott, David
Gibbs Miller (WV) Weber (TX)
So the amendment was agreed to. Comer Langevin Sewell Webster (FL)
Gimenez Miller-Meeks
Connolly Larsen (WA) Sherman Wenstrup
The result of the vote was announced Cooper Larson (CT) Sherrill
Gohmert Moolenaar
Gonzales, Tony Mooney Westerman
as above recorded. Correa Lawrence Sires
Williams (TX)
Gonzalez (OH) Moore (AL)
Stated for: Costa Lawson (FL) Slotkin
Good (VA) Moore (UT) Wilson (SC)
Courtney Lee (CA) Smith (WA)
Mr. AUCHINCLOSS. Mr. Speaker, on Craig Lee (NV) Soto
Gooden (TX) Mullin Wittman
Wednesday, September 22, 2021, I was un- Gosar Nehls Womack
Crist Leger Fernandez Spanberger
Granger Newhouse Zeldin
able to vote. Had I been present, I would have Crow Levin (CA) Stansbury
voted: ‘‘Yea’’ on rollcall vote 269, on agreeing Cuellar Levin (MI) Stanton NOT VOTING—6
Davids (KS) Lieu Stevens
to Amendment No. 5 offered by Rep. DEAN Davis, Danny K. Lofgren Strickland
Adams Green (TN) Lesko
printed in H. Rept. 117–125. Garcia (CA) Johnson (LA) Speier
Davis, Rodney Lowenthal Suozzi
MEMBERS RECORDED PURSUANT TO HOUSE Dean Luria Swalwell b 1333
DeFazio Lynch Takano
RESOLUTION 8, 117TH CONGRESS
DeGette Malinowski Thompson (CA) So the amendment was agreed to.
Cárdenas Latta (Walberg) Ryan (Kildee) DeLauro Malliotakis Thompson (MS) The result of the vote was announced
(Gomez) Lawson (FL) Stanton (Levin DelBene Maloney, Titus
Carter (TX) (Evans) Delgado Carolyn B. Tlaib
as above recorded.
(CA))
(Calvert) McEachin Stefanik Demings Maloney, Sean Tonko Stated against:
DeSaulnier (Wexton) (Reschenthaler) DeSaulnier Manning Torres (CA) Mr. GARCIA of California. Mr. Speaker, had
(Matsui) Meng (Jeffries) Strickland Deutch Massie Torres (NY) I been present, I would have voted ‘‘nay’’ on
Frankel, Lois Morelle (Tonko) Dingell Matsui Trahan
(Clark (MA)) Napolitano
(Torres (NY)) rollcall No. 270.
Swalwell Doggett McBath Trone
Fulcher (Johnson (Correa) Doyle, Michael McCollum Underwood MEMBERS RECORDED PURSUANT TO HOUSE
(Veasey)
(OH)) Payne F. McEachin Upton RESOLUTION 8, 117TH CONGRESS
Wagner
Gonzalez (OH) (Wasserman Escobar McGovern Valadao Cárdenas
(Walorski) Latta (Walberg) Ryan (Kildee)
(Reschenthaler) Schultz) Eshoo McNerney Vargas (Gomez)
Wilson (FL) Lawson (FL) Stanton (Levin
Grijalva (Garcı́a Rice (SC) Espaillat Meeks Veasey Carter (TX)
(Hayes) (Evans) (CA))
(IL)) (Wilson (SC)) Evans Meng Vela (Calvert)
Young (Mast) McEachin Stefanik
Kirkpatrick Rush Fitzpatrick Meuser Velázquez DeSaulnier (Wexton) (Reschenthaler)
(Levin (CA)) (Underwood) Fletcher Mfume Wasserman (Matsui) Meng (Jeffries) Strickland
Foster Moore (WI) Schultz Frankel, Lois Morelle (Tonko)
AMENDMENT NO. 6 OFFERED BY MS. PLASKETT Frankel, Lois Morelle Waters (Torres (NY))
(Clark (MA)) Napolitano Swalwell
The SPEAKER pro tempore. Pursu- Gallego Moulton Watson Coleman Fulcher (Johnson (Correa)
Garamendi Mrvan Welch (Veasey)
ant to clause 8 of rule XX, the unfin- (OH)) Payne
Wagner
Garcı́a (IL) Murphy (FL) Wexton Gonzalez (OH) (Wasserman
ished business is the question on the Garcia (TX) Murphy (NC) Wild (Walorski)
(Reschenthaler) Schultz)
adoption of amendment No. 6, printed Golden Nadler Williams (GA) Grijalva (Garcı́a Rice (SC) Wilson (FL)
in part C of House Report 117–125, on Gomez Napolitano Wilson (FL) (IL)) (Wilson (SC)) (Hayes)
Gonzalez, Neal Yarmuth Young (Mast)
which further proceedings were post- Vicente Neguse Young
Kirkpatrick Rush
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poned and on which the yeas and nays (Levin (CA)) (Underwood)
were ordered. NAYS—190 AMENDMENT NO. 11 OFFERED BY MS. TLAIB
The Clerk will redesignate the Aderholt Babin Barr The SPEAKER pro tempore. Pursu-
amendment. Allen Bacon Bentz ant to clause 8 of rule XX, the unfin-
Amodei Baird Bergman
The Clerk redesignated the amend- Armstrong Balderson Bice (OK) ished business is the question on
ment. Arrington Banks Biggs amendment No. 11, printed in part C of
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H4882 CONGRESSIONAL RECORD — HOUSE September 22, 2021
House Report 117–125, on which further NAYS—203 Grijalva (Garcı́a Napolitano Stefanik
(IL)) (Correa) (Reschenthaler)
proceedings were postponed and on Aderholt Gimenez Miller-Meeks
Kirkpatrick Payne Strickland
which the yeas and nays were ordered. Allen Gohmert Moolenaar
(Levin (CA)) (Wasserman (Torres (NY))
Amodei Gonzales, Tony Mooney
Latta (Walberg) Schultz) Swalwell
The Clerk will redesignate the Armstrong Gonzalez (OH) Moore (AL) Rice (SC)
Arrington Good (VA) Moore (UT) Lawson (FL) (Veasey)
amendment. (Evans) (Wilson (SC)) Wagner
Babin Gooden (TX) Mullin Rush
The Clerk redesignated the amend- Bacon Gosar Murphy (NC) McEachin
(Underwood)
(Walorski)
ment. Baird Granger Nehls (Wexton) Wilson (FL)
Ryan (Kildee)
Balderson Graves (LA) Newhouse Meng (Jeffries) (Hayes)
Stanton (Levin
The SPEAKER pro tempore. The Banks Graves (MO) Norman Morelle (Tonko)
(CA))
Young (Mast)
question is on the amendment offered Barr Green (TN) Nunes
Bentz Greene (GA) Obernolte AMENDMENT NO. 15 OFFERED BY MS. SLOTKIN
by the gentlewoman from Michigan Bergman Griffith Owens
(Ms. TLAIB). Bice (OK) Grothman Palazzo The SPEAKER pro tempore. Pursu-
The vote was taken by electronic de- Biggs Guest Palmer ant to clause 8 of rule XX, the unfin-
Bilirakis Guthrie Pence ished business is the question on
vice, and there were—yeas 222, nays Bishop (NC) Hagedorn Perry
203, not voting 6, as follows: Boebert Harris Pfluger
amendment No. 15, printed in part C of
Bost Harshbarger Posey House Report 117–125, on which further
[Roll No. 271] Brady Hartzler Reed proceedings were postponed and on
Brooks Hern Reschenthaler which the yeas and nays were ordered.
YEAS—222 Buchanan Herrell Rice (SC)
Adams Golden Norcross Buck Herrera Beutler Rodgers (WA) The Clerk will redesignate the
Aguilar Gomez O’Halleran Bucshon Hice (GA) Rogers (AL) amendment.
Allred Gonzalez, Ocasio-Cortez Budd Higgins (LA) Rogers (KY) The Clerk redesignated the amend-
Auchincloss Vicente Omar Burchett Hill Rose
Axne Gottheimer Pallone Burgess Hinson Rosendale ment.
Barragán Green, Al (TX) Panetta Calvert Hollingsworth Rouzer The SPEAKER pro tempore. The
Bass Grijalva Pappas Cammack Hudson Roy question is on the amendment offered
Beatty Harder (CA) Pascrell Carl Huizenga Rutherford
Carter (GA) Issa Salazar
by the gentlewoman from Michigan
Bera Hayes Payne
Beyer Higgins (NY) Perlmutter Carter (TX) Jackson Schweikert (Ms. SLOTKIN).
Bishop (GA) Himes Peters Cawthorn Jacobs (NY) Scott, Austin The vote was taken by electronic de-
Blumenauer Horsford Chabot Johnson (LA) Sessions
Phillips
Cheney Johnson (OH) Simpson
vice, and there were—yeas 236, nays
Blunt Rochester Houlahan Pingree
Bonamici Hoyer Pocan Cline Johnson (SD) Smith (MO) 186, not voting 9, as follows:
Bourdeaux Huffman Porter Cloud Jordan Smith (NE) [Roll No. 272]
Bowman Jackson Lee Pressley Clyde Joyce (OH) Smith (NJ)
Boyle, Brendan Jacobs (CA) Cole Joyce (PA) Smucker YEAS—236
Price (NC)
F. Jayapal Quigley Comer Keller Spartz Adams Doggett Larsen (WA)
Brown Jeffries Raskin Crawford Kelly (MS) Steel Aguilar Doyle, Michael Larson (CT)
Brownley Johnson (GA) Rice (NY) Crenshaw Kelly (PA) Stefanik Allred F. Lawrence
Bush Johnson (TX) Curtis Kim (CA) Steil Auchincloss Escobar Lawson (FL)
Ross
Bustos Jones Davidson Kinzinger Steube Axne Eshoo Lee (CA)
Roybal-Allard
Butterfield Kahele Davis, Rodney Kustoff Stewart Barragán Espaillat Lee (NV)
Ruiz
Carbajal Kaptur DesJarlais LaHood Taylor Bass Evans Leger Fernandez
Ruppersberger
Cárdenas Katko Diaz-Balart LaMalfa Tenney Beatty Fitzpatrick Levin (CA)
Rush
Carson Keating Donalds Lamborn Thompson (PA) Bera Fletcher Levin (MI)
Ryan
Carter (LA) Kelly (IL) Duncan Latta Tiffany Beyer Fortenberry Lieu
Sánchez
Cartwright Khanna Dunn LaTurner Timmons Bishop (GA) Foster Lofgren
Sarbanes
Case Kildee Ellzey Letlow Turner Blumenauer Frankel, Lois Lowenthal
Scanlon
Casten Kilmer Emmer Long Upton Blunt Rochester Gaetz Luria
Schakowsky
Castor (FL) Kim (NJ) Estes Loudermilk Valadao Bonamici Gallego Lynch
Schiff Fallon
Castro (TX) Kind Lucas Van Duyne Bourdeaux Garamendi Mace
Schneider Feenstra Luetkemeyer Wagner
Chu Kirkpatrick Bowman Garbarino Malinowski
Schrader Ferguson Mace Walberg
Cicilline Krishnamoorthi Boyle, Brendan Garcı́a (IL) Maloney,
Schrier Fischbach Malliotakis Walorski
Clark (MA) Kuster F. Garcia (TX) Carolyn B.
Scott (VA) Fitzgerald Mann Waltz
Clarke (NY) Lamb Brown Golden Maloney, Sean
Scott, David Fleischmann Mast Weber (TX)
Cleaver Langevin Brownley Gomez Manning
Sewell Fortenberry McCarthy Webster (FL)
Clyburn Larsen (WA) Bush Gonzalez, Matsui
Sherman Foxx McCaul Wenstrup
Cohen Larson (CT) Bustos Vicente McBath
Sherrill Franklin, C. McClain Westerman
Connolly Lawrence Butterfield Gottheimer McCollum
Sires Scott McClintock Williams (TX)
Cooper Lawson (FL) Carbajal Green, Al (TX) McEachin
Correa Slotkin Fulcher McHenry Wilson (SC) Cárdenas Grijalva
Lee (CA) McGovern
Costa Lee (NV) Smith (WA) Gallagher McKinley Wittman Carson Harder (CA) McKinley
Courtney Leger Fernandez Soto Garbarino Meijer Womack Carter (LA) Hayes McNerney
Craig Levin (CA) Spanberger Garcia (CA) Meuser Young Cartwright Herrera Beutler Meeks
Crist Levin (MI) Speier Gibbs Miller (IL) Zeldin Case Higgins (NY) Meijer
Crow Lieu Stansbury Casten Himes Meng
Cuellar Lofgren Stanton NOT VOTING—6 Castor (FL) Horsford Mfume
Davids (KS) Lowenthal Stevens Lesko Scalise Suozzi Castro (TX) Houlahan Moore (WI)
Davis, Danny K. Luria Strickland Miller (WV) Stauber Titus Chu Hoyer Morelle
Dean Lynch Swalwell Cicilline Hudson Moulton
DeFazio Malinowski Takano Clark (MA) Huffman Mrvan
DeGette Maloney, Thompson (CA) b 1355 Clarke (NY) Huizenga Murphy (FL)
DeLauro Carolyn B. Thompson (MS) Cleaver Jackson Lee Murphy (NC)
DelBene Maloney, Sean Tlaib Mr. HARRIS changed his vote from Clyburn Jacobs (CA) Nadler
Delgado Manning Tonko ‘‘yea’’ to ‘‘nay.’’ Cohen Jacobs (NY) Napolitano
Demings Massie Torres (CA) Connolly Jayapal Neal
Torres (NY)
Mr. GARAMENDI changed his vote
DeSaulnier Matsui Cooper Jeffries Neguse
Deutch McBath Trahan from ‘‘nay’’ to ‘‘yea.’’ Correa Johnson (GA) Newman
Dingell McCollum Trone So the amendment was agreed to. Costa Johnson (TX) Norcross
Doggett McEachin Underwood The result of the vote was announced Courtney Jones O’Halleran
Doyle, Michael McGovern Van Drew Craig Kahele Ocasio-Cortez
F. McNerney Vargas as above recorded. Crist Kaptur Omar
Escobar Meeks Veasey Stated against: Crow Katko Pallone
Eshoo Meng Vela Mr. STAUBER. Mr. Speaker, the vote Cuellar Keating Panetta
Espaillat Mfume Velázquez Davids (KS) Kelly (IL) Pappas
Wasserman
closed prior to be being able to vote. Had I
Evans Moore (WI) Dean Khanna Pascrell
Fitzpatrick Morelle Schultz been present, I would have voted ‘‘nay’’ on DeFazio Kildee Payne
rollcall No. 271.
ctelli on DSK11ZRN23PROD with HOUSE
Fletcher Moulton Waters DeGette Kilmer Perlmutter
Foster Mrvan Watson Coleman DeLauro Kim (NJ) Peters
MEMBERS RECORDED PURSUANT TO HOUSE
Frankel, Lois Murphy (FL) Welch DelBene Kind Phillips
RESOLUTION 8, 117TH CONGRESS
Gaetz Nadler Wexton Delgado Kirkpatrick Pingree
Gallego Napolitano Wild Cárdenas DeSaulnier Fulcher (Johnson Demings Krishnamoorthi Pocan
Garamendi Neal Williams (GA) (Gomez) (Matsui) (OH)) DeSaulnier Kuster Porter
Garcı́a (IL) Neguse Wilson (FL) Carter (TX) Frankel, Lois Gonzalez (OH) Deutch Lamb Posey
Garcia (TX) Newman Yarmuth (Calvert) (Clark (MA)) (Reschenthaler) Dingell Langevin Pressley
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4883
Price (NC) Sherman Trahan Ms. LETLOW. Madam Speaker, had I been Lynch Peters Spanberger
Quigley Sherrill Trone Malinowski Phillips Stansbury
Raskin Sires Underwood
present, I would have voted ‘‘nay’’ on rollcall Maloney, Pingree Stanton
Reed Slotkin Upton No. 272. Carolyn B. Pocan Stevens
Rice (NY) Smith (WA) Van Drew Mr. MOORE of Utah. Madam Speaker, I Maloney, Sean Porter Strickland
Ross Soto Manning Pressley Suozzi
Rouzer Spanberger
Vargas was unavoidably detained. Had I been
Veasey Matsui Price (NC) Swalwell
Roybal-Allard Speier present, I would have voted ‘‘nay’’ on rollcall McBath Quigley
Vela Takano
Ruiz Stansbury
Wasserman
No. 272. McCollum Raskin Thompson (CA)
Ruppersberger Stanton McEachin Rice (NY) Thompson (MS)
Schultz MEMBERS RECORDED PURSUANT TO HOUSE
Rush Stevens McGovern Ross
Waters RESOLUTION 8, 117TH CONGRESS Titus
Ryan Strickland McNerney Roybal-Allard
Watson Coleman Tlaib
Sánchez Suozzi Cárdenas Latta (Walberg) Ryan (Kildee) Meeks Ruiz
Welch Tonko
Sarbanes Swalwell (Gomez) Lawson (FL) Stanton (Levin Meng Ruppersberger
Wexton Torres (CA)
Scanlon Takano Carter (TX) (Evans) (CA)) Moore (WI) Rush
Schakowsky Thompson (CA) Wild Torres (NY)
(Calvert) McEachin Stefanik Morelle Ryan
Schiff Thompson (MS) Williams (GA) DeSaulnier (Wexton) Trahan
(Reschenthaler) Moulton Sánchez
Schneider Titus Wilson (FL) (Matsui) Meng (Jeffries) Mrvan Sarbanes Trone
Strickland Underwood
Schrier Tlaib Yarmuth Frankel, Lois Morelle (Tonko) (Torres (NY)) Murphy (FL) Scanlon
Scott (VA) Tonko Young (Clark (MA)) Napolitano Nadler Schakowsky Upton
Swalwell Van Drew
Scott, David Torres (CA) Zeldin Fulcher (Johnson (Correa) Napolitano Schiff
(Veasey) Vargas
Sewell Torres (NY) (OH)) Payne Neal Schneider
Wagner Veasey
Gonzalez (OH) (Wasserman Neguse Schrader
NAYS—186 (Reschenthaler) (Walorski) Vela
Schultz) Newman Schrier
Grijalva (Garcı́a Rice (SC) Wilson (FL) Norcross Scott (VA) Velázquez
Aderholt Garcia (CA) Miller-Meeks
Allen (IL)) (Wilson (SC)) (Hayes) O’Halleran Scott, David Wasserman
Gibbs Moolenaar
Amodei Gimenez Kirkpatrick Rush Young (Mast) Ocasio-Cortez Sewell Schultz
Mooney
Armstrong Gohmert Moore (AL) (Levin (CA)) (Underwood) Omar Sherman Waters
Arrington Gonzales, Tony Mullin Pallone Sherrill Watson Coleman
Babin Gonzalez (OH) AMENDMENT NO. 16 OFFERED BY MS. DEGETTE Panetta Sires Welch
Nehls
Bacon Good (VA) Newhouse The SPEAKER pro tempore (Ms. Pappas Slotkin Wexton
Baird Gooden (TX) Pascrell Smith (NJ) Wild
Norman ROSS). Pursuant to clause 8 of rule XX, Williams (GA)
Balderson Gosar Nunes Payne Smith (WA)
Banks Granger the unfinished business is the question Perlmutter Soto Wilson (FL)
Obernolte
Barr Graves (LA)
Palazzo
on amendment No. 16, printed in part C
Bentz Graves (MO)
Palmer of House Report 117–125, on which fur- NAYS—200
Bergman Green (TN)
Bice (OK) Greene (GA)
Pence ther proceedings were postponed and Aderholt Garbarino McClain
Perry on which the yeas and nays were or- Allen Gibbs McClintock
Biggs Griffith
Pfluger Amodei Gimenez McHenry
Bilirakis Grothman dered. Armstrong Gohmert Meijer
Bishop (NC) Guest Reschenthaler
Rice (SC) The Clerk will redesignate the Arrington Gonzales, Tony Meuser
Boebert Guthrie
Bost Hagedorn Rodgers (WA) amendment. Babin Gonzalez (OH) Miller (IL)
Rogers (AL) The Clerk redesignated the amend- Bacon Good (VA) Miller (WV)
Brady Harris
Rogers (KY) Baird Gooden (TX) Miller-Meeks
Brooks Harshbarger ment.
Rose Balderson Gosar Moolenaar
Buchanan Hartzler
Buck Hern Rosendale The SPEAKER pro tempore. The Banks Granger Mooney
Roy question is on the amendment offered Barr Graves (LA) Moore (AL)
Bucshon Herrell
Bentz Graves (MO) Moore (UT)
Budd Hice (GA) Rutherford by the gentlewoman from Colorado Bergman Green (TN) Mullin
Burchett Higgins (LA) Salazar (Ms. DEGETTE). Bice (OK) Greene (GA) Murphy (NC)
Calvert Hill Scalise
Cammack Hinson Schrader The vote was taken by electronic de- Biggs Griffith Nehls
vice, and there were—yeas 222, nays Bilirakis Grothman Newhouse
Carl Hollingsworth Schweikert
Bishop (NC) Guest Norman
Carter (GA) Issa Scott, Austin 200, not voting 9, as follows: Boebert Guthrie Nunes
Carter (TX) Jackson Sessions
[Roll No. 273] Bost Hagedorn Obernolte
Cawthorn Johnson (LA) Simpson Brooks Harris Owens
Chabot Johnson (OH) Smith (MO) YEAS—222 Buchanan Harshbarger Palazzo
Cheney Johnson (SD) Smith (NE) Adams Costa Hayes Buck Hartzler Palmer
Cline Jordan Smucker Aguilar Courtney Higgins (NY) Bucshon Hern Pence
Cloud Joyce (OH) Spartz Allred Craig Himes Budd Herrell Perry
Clyde Joyce (PA) Stauber Auchincloss Crist Horsford Burchett Herrera Beutler Pfluger
Cole Keller Steel Axne Crow Houlahan Burgess Hice (GA) Posey
Comer Kelly (MS) Stefanik Barragán Cuellar Hoyer Calvert Higgins (LA) Reed
Crawford Kelly (PA) Steil Bass Davids (KS) Huffman Cammack Hill Reschenthaler
Crenshaw Kim (CA) Steube Beatty Davis, Danny K. Jackson Lee Carl Hinson Rice (SC)
Curtis Kinzinger
Stewart Bera Dean Jacobs (CA) Carter (TX) Hollingsworth Rodgers (WA)
Davidson Kustoff
Taylor Beyer DeFazio Jayapal Cawthorn Hudson Rogers (AL)
Davis, Rodney LaHood
Tenney Bishop (GA) DeGette Jeffries Chabot Huizenga Rogers (KY)
DesJarlais Lamborn
Thompson (PA) Blumenauer DeLauro Johnson (GA) Cline Issa Rose
Diaz-Balart Latta
Tiffany Blunt Rochester DelBene Johnson (TX) Cloud Jackson Rosendale
Donalds LaTurner
Timmons Bonamici Delgado Jones Clyde Jacobs (NY) Rouzer
Duncan Long
Turner Bourdeaux Demings Kahele Cole Johnson (LA) Roy
Dunn Loudermilk
Valadao Bowman DeSaulnier Kaptur Comer Johnson (OH) Rutherford
Ellzey Lucas
Van Duyne Boyle, Brendan Deutch Katko Crawford Johnson (SD) Salazar
Emmer Luetkemeyer
Wagner F. Dingell Keating Crenshaw Jordan Scalise
Estes Malliotakis
Walberg Brown Doggett Kelly (IL) Curtis Joyce (OH) Schweikert
Fallon Mann
Walorski Brownley Doyle, Michael Khanna Davidson Joyce (PA) Scott, Austin
Feenstra Massie
Waltz Bush F. Kildee Davis, Rodney Keller Sessions
Ferguson Mast
Weber (TX) Bustos Escobar Kilmer DesJarlais Kelly (MS) Simpson
Fischbach McCarthy
Webster (FL) Butterfield Eshoo Kim (NJ) Diaz-Balart Kelly (PA) Smith (MO)
Fitzgerald McCaul
Wenstrup Carbajal Espaillat Kind Donalds Kim (CA) Smith (NE)
Fleischmann McClain
Westerman Cárdenas Evans Kirkpatrick Duncan Kinzinger Smucker
Foxx McClintock
Williams (TX) Carson Fitzpatrick Krishnamoorthi Dunn Kustoff Spartz
Franklin, C. McHenry
Wilson (SC) Carter (LA) Fletcher Kuster Ellzey LaHood Stauber
Scott Meuser
Wittman Cartwright Foster Lamb Emmer LaMalfa Steel
Fulcher Miller (IL)
Case Frankel, Lois Langevin Estes Lamborn Stefanik
Gallagher Miller (WV) Womack
Casten Gallego Larsen (WA) Fallon Latta Steil
NOT VOTING—9 Castor (FL) Garamendi Larson (CT) Feenstra LaTurner Steube
Castro (TX) Garcia (CA) Lawrence Ferguson Letlow Stewart
Burgess Lesko Owens
Chu Garcı́a (IL) Lawson (FL) Fischbach Loudermilk Taylor
Davis, Danny K. Letlow Smith (NJ)
Cicilline Garcia (TX) Lee (CA) Fitzgerald Lucas Tenney
LaMalfa Moore (UT) Velázquez
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Clark (MA) Golden Lee (NV) Fleischmann Luetkemeyer Thompson (PA)
b 1416 Clarke (NY) Gomez Leger Fernandez Fortenberry Mace Tiffany
Cleaver Gonzalez, Levin (CA) Foxx Malliotakis Timmons
So the amendment was agreed to. Clyburn Vicente Levin (MI) Franklin, C. Mann Turner
The result of the vote was announced Cohen Gottheimer Lieu Scott Massie Valadao
Connolly Green, Al (TX) Lofgren Fulcher Mast Van Duyne
as above recorded. Cooper Grijalva Lowenthal Gaetz McCarthy Wagner
Stated against: Correa Harder (CA) Luria Gallagher McCaul Walberg
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H4884 CONGRESSIONAL RECORD — HOUSE September 22, 2021
Walorski Wenstrup Wittman Jackson Lee Meeks Scott (VA) Palazzo Schweikert Turner
Waltz Westerman Womack Jacobs (CA) Meng Scott, David Palmer Scott, Austin Valadao
Weber (TX) Williams (TX) Young Jayapal Mfume Sewell Pence Sessions Van Duyne
Webster (FL) Wilson (SC) Zeldin Jeffries Moore (WI) Sherman Perry Simpson Wagner
Johnson (GA) Morelle Sherrill Pfluger Smith (MO) Walberg
NOT VOTING—9 Johnson (TX) Moulton Posey Smith (NE)
Sires Walorski
Brady Lesko Mfume Jones Mrvan Slotkin Reed Smucker Waltz
Carter (GA) Long Speier Kahele Murphy (FL) Smith (NJ) Reschenthaler Spartz Weber (TX)
Cheney McKinley Yarmuth Kaptur Nadler Rice (SC) Stauber
Smith (WA) Webster (FL)
Katko Napolitano Rodgers (WA) Steel
Soto Wenstrup
Keating Neal Rogers (AL) Stefanik
b 1438 Kelly (IL) Neguse
Spanberger Rogers (KY) Steil Westerman
Khanna Newman Speier Rose Steube Williams (TX)
So the amendment was agreed to. Stansbury Wilson (SC)
Kildee Norcross Rosendale Stewart
The result of the vote was announced Kilmer O’Halleran Stanton Rouzer Taylor Wittman
as above recorded. Kim (NJ) Ocasio-Cortez Stevens Roy Tenney Womack
Stated against: Kind Omar Strickland Rutherford Thompson (PA) Young
Kirkpatrick Pallone Suozzi Salazar Tiffany Zeldin
Mr. CARTER of Georgia. Madam Speaker, Krishnamoorthi Panetta Swalwell Scalise Timmons
I was unavoidably detained. Had I been Kuster Pappas Takano
NOT VOTING—3
present, I would have voted ‘‘nay’’ on rollcall Lamb Pascrell Thompson (CA)
No. 273. Langevin Payne Thompson (MS) Burgess Cheney Lesko
Larsen (WA) Perlmutter Titus
MEMBERS RECORDED PURSUANT TO HOUSE Larson (CT) Peters Tlaib b 1459
RESOLUTION 8, 117TH CONGRESS Lawrence Phillips Tonko So the amendment was agreed to.
Lawson (FL) Pingree Torres (CA)
Cárdenas Latta (Walberg) Ryan (Kildee)
Lee (CA) Pocan
The result of the vote was announced
(Gomez) Lawson (FL) Stanton (Levin Torres (NY)
Lee (NV) Porter Trahan
as above recorded.
Carter (TX) (Evans) (CA))
(Calvert) McEachin Leger Fernandez Pressley Trone PERSONAL EXPLANATION
Stefanik
DeSaulnier (Wexton) Levin (CA) Price (NC) Underwood Mrs. LESKO. Madam Speaker, had I been
(Reschenthaler) Levin (MI) Quigley
(Matsui) Meng (Jeffries) Strickland Upton present, I would have voted ‘‘nay’’ on rollcall
Frankel, Lois Morelle (Tonko) Lieu Raskin
Van Drew
(Clark (MA)) Napolitano
(Torres (NY)) Lofgren Rice (NY) No. 269, ‘‘nay’’ on rollcall No. 270, ‘‘nay’’ on
Swalwell Vargas
Fulcher (Johnson (Correa) Lowenthal Ross
Veasey rollcall 271, ‘‘nay’’ on rollcall no. 272, ‘‘nay’’ on
(Veasey) Luria Roybal-Allard
(OH)) Payne
Wagner Vela rollcall No. 273, and ‘‘nay’’ on rollcall No. 274.
Gonzalez (OH) (Wasserman Lynch Ruiz
(Walorski) Malinowski Ruppersberger Velázquez MEMBERS RECORDED PURSUANT TO HOUSE
(Reschenthaler) Schultz) Wasserman
Wilson (FL) Maloney, Rush RESOLUTION 8, 117TH CONGRESS
Grijalva (Garcı́a Rice (SC) Schultz
(IL)) (Wilson (SC)) (Hayes) Carolyn B. Ryan Cárdenas Latta (Walberg) Ryan (Kildee)
Young (Mast) Maloney, Sean Sánchez Waters
Kirkpatrick Rush (Gomez) Lawson (FL) Stanton (Levin
Manning Sarbanes Watson Coleman
(Levin (CA)) (Underwood) Carter (TX) (Evans) (CA))
Matsui Scanlon Welch
(Calvert) McEachin Stefanik
AMENDMENT NO. 17 OFFERED BY MR. NEGUSE McBath Schakowsky Wexton
DeSaulnier (Wexton) (Reschenthaler)
McCollum Schiff Wild
The SPEAKER pro tempore. Pursu- McEachin Schneider Williams (GA)
(Matsui) Meng (Jeffries) Strickland
Frankel, Lois Morelle (Tonko)
ant to clause 8 of rule XX, the unfin- McGovern Schrader Wilson (FL) (Clark (MA)) Napolitano
(Torres (NY))
ished business is the question on McNerney Schrier Yarmuth Swalwell
Fulcher (Johnson (Correa)
(Veasey)
amendment No. 17, printed in part C of (OH)) Payne
Wagner
House Report 117–125, on which further NAYS—204 Gonzalez (OH) (Wasserman
(Reschenthaler) (Walorski)
Aderholt Estes Johnson (LA) Schultz)
proceedings were postponed and on Grijalva (Garcı́a Rice (SC) Wilson (FL)
Allen Fallon Johnson (OH) (Hayes)
which the yeas and nays were ordered. Amodei Feenstra Johnson (SD) (IL)) (Wilson (SC))
Young (Mast)
The Clerk will redesignate the Armstrong Ferguson Jordan Kirkpatrick Rush
(Levin (CA)) (Underwood)
amendment. Arrington Fischbach Joyce (OH)
The Clerk redesignated the amend- Babin Fitzgerald Joyce (PA) AMENDMENTS EN BLOC NO. 1 OFFERED BY MR.
Bacon Fleischmann Keller SMITH OF WASHINGTON
ment. Baird Fortenberry Kelly (MS)
The SPEAKER pro tempore. The Balderson Foxx Kelly (PA) Mr. SMITH of Washington. Madam
question is on the amendment offered Banks Franklin, C. Kim (CA) Speaker, pursuant to House Resolution
Barr Scott Kinzinger 667, I offer amendments en bloc.
by the gentleman from Colorado (Mr. Bentz Fulcher Kustoff
NEGUSE). The SPEAKER pro tempore (Ms.
Bergman Gaetz LaHood
The vote was taken by electronic de- Bice (OK) Gallagher LaMalfa DEGETTE). The Clerk will designate the
vice, and there were—yeas 224, nays Biggs Garbarino Lamborn amendments en bloc.
Bilirakis Garcia (CA) Latta Amendments en bloc No. 1 consisting
204, not voting 3, as follows: Bishop (NC) Gibbs LaTurner of amendment Nos. 2, 3, 4, 7, 8, 12, 13, 14,
[Roll No. 274] Boebert Gimenez Letlow
Bost Gohmert Long 19, 21, 22, 27, 29, 31, 32, 33, 37, 43, 44, 45,
YEAS—224 Brady Gonzales, Tony Loudermilk 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57,
Adams Castor (FL) Doggett Brooks Gonzalez (OH) Lucas 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69,
Aguilar Castro (TX) Doyle, Michael Buchanan Good (VA) Luetkemeyer 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81,
Allred Chu F. Buck Gooden (TX) Mace
Auchincloss Cicilline Escobar Bucshon Gosar Malliotakis 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93,
Axne Clark (MA) Eshoo Budd Granger Mann 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104,
Barragán Clarke (NY) Espaillat Burchett Graves (LA) Massie 106, 107, 108, 109, 110, 111, 112, 113, 114,
Bass Cleaver Evans Calvert Graves (MO) Mast 115, 116, 117, 118, 119, 120, 121, 122, 123,
Beatty Clyburn Fitzpatrick Cammack Green (TN) McCarthy
Bera Cohen Fletcher Carl Greene (GA) McCaul 124, 125, 126, 127, 128, 129, 130, 131, 132,
Beyer Connolly Foster Carter (GA) Griffith McClain 133, 134, 135, 136, 137, 138, 139, 140, and
Bishop (GA) Cooper Frankel, Lois Carter (TX) Grothman McClintock 141, printed in part C of House Report
Blumenauer Correa Gallego Cawthorn Guest McHenry
Blunt Rochester Costa Garamendi Chabot Guthrie McKinley
117–125, offered by Mr. SMITH of Wash-
Bonamici Courtney Garcı́a (IL) Cline Hagedorn Meijer ington:
Bourdeaux Craig Garcia (TX) Cloud Harris Meuser AMENDMENT NO. 2 OFFERED BY MS. SÁNCHEZ OF
Bowman Crist Golden Clyde Harshbarger Miller (IL) CALIFORNIA
Boyle, Brendan Crow Gomez Cole Hartzler Miller (WV)
F. Cuellar Gonzalez, Comer Hern Miller-Meeks
In title LI of division E, after section 5105,
Brown Davids (KS) Vicente Crawford Herrell Moolenaar insert the following:
Brownley Davis, Danny K. Gottheimer Crenshaw Herrera Beutler Mooney SEC. 5106. PROTECTIONS FOR ACTIVE DUTY UNI-
Bush Dean Green, Al (TX) Curtis Hice (GA) Moore (AL) FORMED CONSUMER.
Bustos DeFazio Grijalva Davidson Higgins (LA) Moore (UT) (a) DEFINITIONS.—Section 603 of the Fair
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Butterfield DeGette Harder (CA) Davis, Rodney Hill Mullin Credit Reporting Act (15 U.S.C. 1681a) is
Carbajal DeLauro Hayes DesJarlais Hinson Murphy (NC) amended—
Cárdenas DelBene Higgins (NY) Diaz-Balart Hollingsworth Nehls (1) in subsection (q), by amending para-
Carson Delgado Himes Donalds Hudson Newhouse
Carter (LA) Demings Horsford Duncan Huizenga Norman
graph (1) to read as follows:
Cartwright DeSaulnier Houlahan Dunn Issa Nunes ‘‘(1) UNIFORMED CONSUMER.—The term ‘uni-
Case Deutch Hoyer Ellzey Jackson Obernolte formed consumer’ means a consumer who
Casten Dingell Huffman Emmer Jacobs (NY) Owens is—
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4885
‘‘(A) a member of the— that has provided appropriate proof to a con- ‘‘(I) was a citizen of the United States or
‘‘(i) uniformed services (as such term is de- sumer reporting agency that the consumer is an alien lawfully admitted for permanent
fined in section 101(a)(5) of title 10, United a uniformed consumer, if the consumer pro- residence in the United States; and
States Code); or vides the consumer reporting agency with ‘‘(II) resided in the United States.’’.
‘‘(ii) National Guard (as such term is de- separate contact information to be used (b) EFFECTIVE DATE.—The amendments
fined in section 101(c)(1) of title 10, United when communicating with the consumer made by this section shall have effect as if
States Code); and while the consumer is a uniformed consumer, included in the enactment of section 251(a) of
‘‘(B) in active service (as such term is de- the consumer reporting agency shall use title II of the Military Construction, Vet-
fined in section 101(d)(3) of title 10, United such contact information for all communica- erans Affairs, and Related Agencies Appro-
States Code), including full-time duty in the tions while the consumer is a uniformed con- priations Act, 2018 (division J of Public Law
commissioned corps of the Public Health sumer.’’; and 115–141; 132 Stat. 824).
Service or the National Oceanic and Atmos- (2) in subsection (e), by amending para- AMENDMENT NO. 8 OFFERED BY MR. CASTRO OF
pheric Administration.’’; and graph (3) to read as follows: TEXAS
(2) by adding at the end the following: ‘‘(3) subparagraphs (A) and (B) of sub- At the end of subtitle D of title X, add the
‘‘(bb) DEPLOYED UNIFORMED CONSUMER.— section (c)(1), in the case of a referral under following new section:
The term ‘deployed uniformed consumer’ subsection (c)(1)(C).’’. SEC. 10ll. LIMITATION ON CONTRACT AUTHOR-
means an uniformed consumer who— (d) CONFORMING AMENDMENT.—The Fair ITY TO IMPROVE REPRESENTATION
‘‘(1) serves— Credit Reporting Act (15 U.S.C. 1681 et seq.) IN CERTAIN MEDIA PROJECTS IN-
‘‘(A) in a combat zone (as such term is de- is amended by striking ‘‘active duty mili- VOLVING DEPARTMENT OF DE-
fined in section 112(c)(2) of title 26, United tary’’ each place such term appears and in- FENSE.
States Code); or serting ‘‘uniformed consumer’’. (a) LIMITATION ON CONTRACT AUTHORITY.—
‘‘(B) aboard a United States combatant, (e) SENSE OF CONGRESS.—It is the sense of Neither the Secretary of Defense, nor any
support, or auxiliary vessel (as such terms Congress that any person making use of a Secretary of a military department, may
are defined in section 231(f) of title 10, United consumer report containing an item of ad- enter into a covered contract for any film or
States Code); or verse information should, if the action or in- publishing project for entertainment-ori-
‘‘(C) in a deployment (as such term is de- action that gave rise to the item occurred ented media unless the covered contract in-
fined in section 991(b) of title 10, United while the consumer was a uniformed con- cludes a provision that requires consider-
States Code); and sumer, take such fact into account when ation of diversity in carrying out the
‘‘(2) is on active duty (as such term is de- evaluating the creditworthiness of the con- project, including consideration of the fol-
fined in section 101(d)(2) of title 10, United sumer. lowing:
States Code) for not less than 30 days during AMENDMENT NO. 3 OFFERED BY MRS. TORRES OF (1) The composition of the community rep-
the type of service described in paragraph CALIFORNIA resented in the project and whether such
(1).’’. community is inclusive of historically
(b) PROHIBITION ON INCLUDING CERTAIN AD- At the appropriate place in title LX, add
the following: marginalized communities.
VERSE INFORMATION IN CONSUMER REPORTS.— (2) The depiction of the community rep-
Section 605 of the Fair Credit Reporting Act SEC. ll. REVIEW OF STANDARD OCCUPATIONAL
CLASSIFICATION SYSTEM. resented in the project and whether or not
(15 U.S.C. 1681c) is amended— the project advances any inaccurate or
(1) in subsection (a), by adding at the end The Director of the Office of Management
and Budget shall not later than 30 days after harmful stereotypes as a result of such de-
the following: piction.
‘‘(9) Any item of adverse information about the date of the enactment of this Act, cat-
(b) ANNUAL REPORTS.—Not later than one
a uniformed consumer, if the action or inac- egorize public safety telecommunicators as a
year after the date of the enactment of this
tion that gave rise to the item occurred protective service occupation under the
Act, and annually thereafter for five years,
while the consumer was a deployed uni- Standard Occupational Classification Sys-
the Secretary of Defense shall submit to the
formed consumer.’’; and tem.
At the appropriate place in the table of Committees on Armed Services of the House
(2) by adding at the end the following: of Representatives and the Senate a report
‘‘(i) NOTICE OF STATUS AS A UNIFORMED contents, insert the following:
containing, with respect to the year covered
CONSUMER.—With respect to an item of ad- Sec. l. Review of Standard Occupational by the report, the following:
verse information about a consumer, if the Classification System. (1) The total number of projects for which
action or inaction that gave rise to the item AMENDMENT NO. 4 OFFERED BY MS. WATERS OF the Secretary provided assistance pursuant
occurred while the consumer was a uni- CALIFORNIA to a covered contract.
formed consumer, the consumer may provide
Page 1334, after line 17, insert the fol- (2) A summary of the projects specified in
appropriate proof, including official orders,
lowing: paragraph (1).
to a consumer reporting agency that the
SEC. lll. UNITED STATES CONTRIBUTION TO (3) A summary of the communities rep-
consumer was a deployed uniformed con-
THE CATASTROPHE CONTAINMENT resented in such projects.
sumer at the time such action or inaction AND RELIEF TRUST AT THE INTER- (4) A summary of the involvement of the
occurred. The consumer reporting agency NATIONAL MONETARY FUND. Department of Defense with respect to such
shall promptly delete that item of adverse (a) CONTRIBUTION AUTHORITY.—The Sec- projects.
information from the file of the uniformed retary of the Treasury may contribute (c) DEFINITIONS.—In this section:
consumer and notify the consumer and the $200,000,000 on behalf of the United States to (1) The term ‘‘covered contract’’ means a
furnisher of the information of the dele- the Catastrophe Containment and Relief contract or production assistance agreement
tion.’’. Trust of the International Monetary Fund.
(c) COMMUNICATIONS BETWEEN THE CON- entered into with a nongovernmental enter-
(b) LIMITATIONS ON AUTHORIZATION OF AP- tainment-oriented media producer or pub-
SUMER AND CONSUMER REPORTING AGENCIES.—
PROPRIATIONS.—For the contribution author- lisher.
Section 605A of the Fair Credit Reporting
ized by subsection (a), there are authorized (2) The term ‘‘entertainment-oriented
Act (15 U.S.C. 1681c–1) is amended—
to be appropriated, without fiscal year limi- media’’ includes books and other forms of
(1) in subsection (c)—
tation, $200,000,000 for payment by the Sec- print media that are entertainment-ori-
(A) by striking ‘‘Upon’’ and inserting the
retary of the Treasury. ented.
following:
‘‘(1) IN GENERAL.—Upon’’; AMENDMENT NO. 7 OFFERED BY MR. COSTA OF (3) The term ‘‘marginalized community’’
(B) by redesignating paragraphs (1), (2), CALIFORNIA means a community of individuals that is, or
and (3) as subparagraphs (A), (B), and (C), At the end of title LX, insert the following: historically was, under-represented in the in-
and moving such redesignated subparagraphs SEC. 60ll. ELIGIBILITY FOR INTERMENT IN NA- dustry of film, television, or publishing, in-
2 ems to the right; and TIONAL CEMETERIES. cluding—
(C) by adding at the end the following: (a) IN GENERAL.—Section 2402(a)(10) of title (A) women;
‘‘(2) NEGATIVE INFORMATION ALERT.—Any 38, United States Code, is amended— (B) racial and ethnic minorities;
time a consumer reporting agency receives (1) by striking the period at the end and in- (C) individuals with disabilities; and
an item of adverse information about a con- serting ‘‘; or’’; and (D) members of the LGBTQ communities.
sumer, if the consumer has provided appro- (2) by adding at the end the following new (4) The term ‘‘military department’’ has
priate proof that the consumer is a uni- subparagraph: the meaning given such term in section 101
formed consumer, the consumer reporting ‘‘(B) who— of title 10, United States Code.
agency shall promptly notify the consumer— ‘‘(i) the Secretary determines served hon- AMENDMENT NO. 12 OFFERED BY MR. HIGGINS OF
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‘‘(A) that the agency has received such orably with a special guerrilla unit or irreg- NEW YORK
item of adverse information, along with a de- ular forces operating from a base in Laos in Page 1226, after line 21, insert the following
scription of the item; and support of the Armed Forces of the United new subsection:
‘‘(B) the method by which the consumer States at any time during the period begin- (c) SUPPORT FOR NATIONAL MARITIME HER-
can dispute the validity of the item. ning February 28, 1961, and ending May 7, ITAGE GRANTS PROGRAM.—Of the funds au-
‘‘(3) CONTACT INFORMATION FOR UNIFORMED 1975; and thorized to be appropriated by subsection
CONSUMERS.—With respect to any consumer ‘‘(ii) at the time of the individual’s death— (a)(4), not more than $10,000,000 may be made
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H4886 CONGRESSIONAL RECORD — HOUSE September 22, 2021
available to support the National Maritime to protect marine mammals from vessel ‘‘(1) IN GENERAL.—The restriction estab-
Heritage Grants Program established under strikes or other vessel-related impacts oc- lished under subsection (a) shall not apply to
section 308703 of title 54, United States Code. curring outside designated areas of impor- a vessel operating at a speed necessary to
AMENDMENT NO. 13 OFFERED BY MR. CASTEN OF tance. maintain safe maneuvering speed if such
ILLINOIS ‘‘(b) AREAS OF IMPORTANCE.—In designating speed is justified because the vessel is in an
areas under subsection (a), the Secretary— area where oceanographic, hydrographic, or
Add at the end of subtitle B of title III the
‘‘(1) shall consider including— meteorological conditions severely restrict
following:
‘‘(A) the important feeding, breeding, the maneuverability of the vessel and the
SEC. 328. ENERGY, WATER, AND WASTE NET ZERO
calving, rearing, or migratory habitat for need to operate at such speed is confirmed by
REQUIREMENTS FOR CONSTRUC-
TION OF NEW BUILDINGS. priority species of marine mammals, includ- the pilot on board or, when a vessel is not
ing all areas designated as critical habitat carrying a pilot, the master of the vessel. If
(a) REQUIREMENTS DESCRIBED.—For fiscal
for such species under section 4 of the En- a deviation from the applicable speed limit is
year 2022 and any subsequent fiscal year, the
dangered Species Act of 1973 (16 U.S.C. 1533) necessary pursuant to this subsection, the
Secretary of Defense shall improve building
except any area the Secretary determines reasons for the deviation, the speed at which
efficiency, performance, and management by
does not intersect with areas of vessel traffic the vessel is operated, the latitude and lon-
ensuring that the new construction of any
such that an elevated risk of mortality or in- gitude of the area, and the time and duration
Department of Defense building larger than
jury caused by vessel strikes exists; and of such deviation shall be entered into the
5,000 gross square feet that enters the plan-
‘‘(B) areas of high marine mammal mor- logbook of the vessel. The master of the ves-
ning process is designed to achieve energy
tality, injury, or harassment caused by ves- sel shall attest to the accuracy of the log-
net-zero and water or waste net-zero by fis-
sel strikes; and book entry by signing and dating the entry.
cal year 2035. ‘‘(2) AUTHORIZED TECHNOLOGY.—
(b) WAIVER FOR NATIONAL SECURITY.—The ‘‘(2) may consider including—
‘‘(A) any area designated as a National Ma- ‘‘(A) IN GENERAL.—The vessel restrictions
Secretary may waive the requirement of sub- established under subsection (a) shall not
section (a) with respect to a building if the rine Sanctuary, Marine National Monument,
National Park, or National Wildlife Refuge; apply to a vessel operating using technology
Secretary provides the Committees on authorized by regulations issued by the Sec-
Armed Services of the House of Representa- and
‘‘(B) areas of high marine mammal pri- retary under subparagraph (B).
tives and Senate with a certification that ‘‘(B) REGULATIONS.—The Secretary may
the application of such requirement would be mary productivity with year-round or sea-
sonal aggregations of marine mammals to issue regulations authorizing a vessel to op-
detrimental to national security. erate using technology specified by the Sec-
(c) STATUS REPORT AND BRIEFINGS ON which this section applies.
retary under this subparagraph if the Sec-
PROGRESS TOWARDS MEETING CURRENT GOAL ‘‘(c) DEADLINE FOR REGULATIONS.—Not
retary determines that such operation is at
REGARDING USE OF RENEWABLE ENERGY TO later than two years after the date of the en-
least as effective as the vessel restrictions
MEET FACILITY ENERGY NEEDS.—Section actment of this section, the Secretary shall
authorized by regulations under subsection
2911(g) of title 10, United States Code, is designate areas and vessel restrictions under
(a) in reducing mortality and injury to ma-
amended by adding at the end the following subsection (a) and issue such regulations as
rine mammals.
new paragraph: are necessary to carry out this section, con- ‘‘(f) APPLICABILITY.—Any speed restriction
‘‘(4) The Secretary of Defense shall— sistent with notice and comment require- established under subsection (a)—
‘‘(A) not later than 180 days after the date ments under chapter 5 of title 5, United ‘‘(1) shall apply to all vessels subject to the
of the enactment of this paragraph, submit a States Code. jurisdiction of the United States, all other
report to the Committees on Armed Services ‘‘(d) MODIFYING OR DESIGNATING NEW AREAS vessels entering or departing a port or place
of the House of Representatives and Senate OF IMPORTANCE.— subject to the jurisdiction of the United
on the progress the Secretary has made to- ‘‘(1) IN GENERAL.—The Secretary shall issue States, and all other vessels within the Ex-
wards meeting the goal described in para- regulations to modify or designate the areas clusive Economic Zone of the United States,
graph (1)(A) with respect to fiscal year 2025; of importance and vessel restrictions under regardless of flag; and
and this section within 180 days after the ‘‘(2) shall not apply to—
‘‘(B) during fiscal year 2022 and each suc- issuance of regulations to establish or to ‘‘(A) vessels owned, operated, or under con-
ceeding fiscal year through fiscal year 2025, modify critical habitat for marine mammals tract by the Department of Defense or the
provide a briefing to the Committees on pursuant to the Endangered Species Act of Department of Homeland Security, or en-
Armed Services of the House of Representa- 1973 (16 U.S.C. 1531 et seq.). gaged with such vessels;
tives and Senate on the progress the Sec- ‘‘(2) REEXAMINATION.—The Secretary ‘‘(B) law enforcement vessels of the Fed-
retary has made towards meeting the goal shall— eral Government or of a State or political
described in paragraph (1)(A) with respect to ‘‘(A) reexamine the areas of importance subdivision thereof, when such vessels are
fiscal year 2025.’’. designated and vessel restrictions under this engaged in law enforcement or search and
AMENDMENT NO. 14 OFFERED BY MR. LARSEN OF section every 5 years following the initial rescue duties; or
WASHINGTON issuance of the regulations to determine if ‘‘(C) vessels with foreign sovereign immu-
the best available scientific information nity, as reflected under international law.
Insert after title LIII the following new
warrants modification or designation of ‘‘(g) STATUTORY CONSTRUCTION.—
title:
areas of importance for vessel restrictions; ‘‘(1) IN GENERAL.—Nothing in this section
TITLE LIV—STRENGTHENING MARINE and shall be interpreted or implemented in a
MAMMAL CONSERVATION ‘‘(B) publish any revisions under subpara- manner that—
SEC. 5401. DEFINITION OF ADMINISTRATOR. graph (A) in the Federal Register after no- ‘‘(A) subject to paragraph (2), preempts or
In this title, the term ‘‘Administrator’’ tice and opportunity for public comment modifies any obligation of any person sub-
means the Secretary of Commerce, acting within 24 months. ject to the provisions of this title to act in
through the Administrator of the National ‘‘(3) FINDING.—Not later than 90 days after accordance with applicable State laws, ex-
Oceanic and Atmospheric Administration. receiving the petition of an interested person cept to the extent that those laws are incon-
SEC. 5402. VESSEL SPEED RESTRICTIONS IN MA- under section 553(e) of title 5, United States sistent with any provision of this title, and
RINE MAMMAL HABITAT. Code, to designate, modify, or add an area of then only to the extent of the inconsistency;
(a) IN GENERAL.—The Marine Mammal Pro- importance or vessel restriction under this ‘‘(B) affects or modifies any obligation
tection Act of 1974 (16 U.S.C. 1361 et seq.) is section, the Secretary shall make a finding under Federal law; or
amended by inserting after section 120 the as to whether the petition presents substan- ‘‘(C) preempts or supersedes the final rule
following: tial scientific information indicating that titled ‘To Implement Speed Restrictions to
‘‘SEC. 121. VESSEL RESTRICTIONS IN MARINE the petitioned action may be warranted. The Reduce the Threat of Ship Collisions With
MAMMAL HABITAT. Secretary shall promptly publish such find- North Atlantic Right Whales’, codified at
‘‘(a) IN GENERAL.—The Secretary shall, in ing in the Federal Register for comment. Not section 224.105 of title 50, Code of Federal
coordination with the Marine Mammal Com- later than one year after the close of com- Regulations, except for actions that are
mission and the Commandant of the Coast ments, the Secretary shall publish in the more protective than the Final Rule and fur-
Guard and applying the best available sci- Federal Register a finding of whether the pe- ther reduce the risk of take to North Atlan-
entific information— titioned action is warranted and, if the Sec- tic right whales.
‘‘(1) designate areas of importance for ma- retary determines that the petitioned action ‘‘(2) INCONSISTENCIES.—The Secretary may
rine mammals known to experience vessel is warranted, shall publish draft regulations determine whether inconsistencies referred
strikes and establish for each such area sea- designating or modifying and vessel restric- to in paragraph (1)(A) exist, but may not de-
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sonal or year-round mandatory vessel speed tions the area of importance. Not later than termine that any State law is inconsistent
restrictions to reduce vessel strikes or other 12 months after publication of the draft regu- with any provision of this title if the Sec-
vessel-related impacts, as necessary, for ves- lations, the Secretary shall issue final regu- retary determines that such law gives great-
sels operating in such areas; and lations designating or modifying the area of er protection to covered marine species and
‘‘(2) implement for such species, as appro- importance and vessel restrictions. their habitat.
priate, dynamic management area programs ‘‘(e) EXCEPTIONS FOR SAFE MANEUVERING ‘‘(h) PRIORITY SPECIES.—For the purposes
incorporating mandatory vessel restrictions AND USING AUTHORIZED TECHNOLOGY.— of this section, the term ‘priority species’
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4887
means, at a minimum, all Mysticeti species shall prioritize assistance under this section tablish a pilot monitoring and mitigation
and species within the genera Physeter and for projects that— project for North Atlantic right whales for
Trichechus. (1) assist ports with higher relative threat the purposes of informing a cost-effective, ef-
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— levels to vulnerable marine mammals from ficient and results-oriented near real-time
There is authorized to be appropriated— vessel traffic; monitoring and mitigation program for large
‘‘(1) to the Secretary to carry out this sec- (2) reduce disturbance from vessel presence whales.
tion, $3,000,000 for each of fiscal years 2022 or mortality risk from vessel strikes, and are (1) PILOT PROJECT REQUIREMENTS.—In de-
through 2026; and in close proximity to National Marine Sanc- signing and deploying the monitoring sys-
‘‘(2) to the Commandant of the Coast tuaries, Marine National Monuments, Na- tem, the Administrator, in coordination with
Guard to carry out this section, $3,000,000 for tional Parks, National Wildlife Refuges, and the heads of other relevant Federal depart-
each of fiscal years 2024 through 2026.’’. other federal, state, and local marine pro- ments and agencies, shall, using best avail-
(b) CLERICAL AMENDMENT.—The table of tected areas; and able scientific information, identify and en-
contents in the first section of such Act is (3) allow eligible entities to conduct risk sure coverage of—
further amended by inserting after the item assessments, and track progress toward (A) core foraging habitats of North Atlan-
relating to section 120 the following: threat reduction and habitat enhancement; tic right whales, including but not limited
including protecting coral reefs from en- to—
‘‘Sec. 121. Vessel speed restrictions in ma-
croachment by commerce and shipping (i) the ‘‘South of the Islands’’ core foraging
rine mammal habitat.’’.
lanes. habitat;
SEC. 5403. MONITORING OCEAN SOUNDSCAPES. (ii) the ‘‘Cape Cod Bay Area’’ core foraging
(d) OUTREACH.—The Administrator and the
(a) IN GENERAL.—The Administrator, and Director of the Fish and Wildlife Service habitat;
the Director of the Fish and Wildlife Service shall conduct outreach to seaports to provide (iii) the ‘‘Great South Channel’’ core for-
shall maintain and expand an Ocean Noise information on how to apply for assistance aging habitat; and
Reference Station Network, utilizing and co- under this section, the benefits of the pro- (iv) the Gulf of Maine; and
ordinating with the Integrated Ocean Ob- gram under this section, and facilitation of (B) important feeding, breeding, calving,
serving System, the Office of National Ma- best practices and lessons learned. rearing, or migratory habitats of North At-
rine Sanctuaries, and the Department of De- (e) ELIGIBLE ENTITIES.—A person shall be lantic right whales that co-occur with areas
fense, to— eligible for assistance under this section if of high risk of mortality, injury, or harass-
(1) provide grants to expand the deploy- the person— ment of such whales from vessel strikes, dis-
ment of Federal and non-Federal observing (1) is— turbance from development activities, and
and data management systems capable of (A) a port authority for a seaport; entanglement in commercial fishing gear.
collecting measurements of underwater (B) a State, regional, local, or Tribal agen- (2) PILOT PROJECT MONITORING COMPO-
sound in high-priority ocean and coastal lo- cy that has jurisdiction over a maritime port NENTS.—
cations for purposes of monitoring and ana- authority or a seaport; or (A) IN GENERAL.—Within 3 years after the
lyzing baselines and trends in the under- (C) a private entity or government entity, date of the enactment of this Act, the Ad-
water soundscape to protect and manage ma- applying for a grant awarded under this sec- ministrator, in consultation with relevant
rine life; tion in collaboration with another entity de- Federal agencies, Tribal governments, and
(2) continue to develop and apply standard- scribed in subparagraph (A) or (B), that owns with input from affected stakeholders, shall
ized forms of measurements to assess sounds or operates a maritime terminal; and design and deploy a real-time monitoring
produced by marine animals, physical proc- (2) is cleared by the Department of De- system for North Atlantic right whales that
esses, and anthropogenic activities; and fense. includes near real-time monitoring methods,
(3) after coordinating with the Department (f) REPORT.—The Administrator and the technologies, and protocols that—
of Defense, coordinate and make accessible Director of the Fish and Wildlife Service (i) comprise sufficient detection power,
to the public the datasets, modeling and shall submit annually to the Committee on spatial coverage and survey effort to detect
analysis, and user-driven products and tools, Natural Resources of the House of Rep- and localize North Atlantic right whales
resulting from observations of underwater resentatives, and the Committee on Com- within core foraging habitats;
sound funded through grants authorized by merce, Science, and Transportation of the (ii) are capable of detecting North Atlantic
this section. Senate, a report that includes the following: right whales visually, including during peri-
(b) AUTHORIZATION OF APPROPRIATIONS.— (1) The name and location of each entity ods of poor visibility and darkness, and
There is authorized to be appropriated to the receiving a grant. acoustically;
Administrator, to support integrated ocean (2) Amount of each grant. (iii) take advantage of dynamic habitat
observations activities carried out under this (3) The name and location of the seaport in suitability models that help to discern the
section, $1,500,000 for each of fiscal years 2022 which the activities took place. likelihood of North Atlantic right whale oc-
through 2026. (4) A description of the activities carried currence in core foraging habitat at any
SEC. 5404. GRANTS FOR SEAPORTS TO ESTABLISH out with the grant funds. given time;
PROGRAMS TO REDUCE THE IM- (5) An estimate of the impact of the project (iv) coordinate with the Integrated Ocean
PACTS OF VESSEL TRAFFIC AND to reduce threats or enhance habitat of ma- Observing System to leverage monitoring as-
PORT OPERATIONS ON MARINE rine mammals. sets;
MAMMALS. (g) AUTHORIZATION OF APPROPRIATIONS.— (v) integrate new near real-time moni-
(a) IN GENERAL.—Not later than 180 days There is authorized to be appropriated to the toring methods and technologies as they be-
after the date of the enactment of this Act, Administrator, for carrying out this section, come available;
the Administrator and the Director of the $5,000,000 for each of fiscal years 2022 through (vi) accurately verify and rapidly commu-
Fish and Wildlife Service, in coordination 2026, to remain available until expended. nicate detection data; and
with the Secretary of Defense, shall estab- SEC. 5405. NEAR REAL-TIME MONITORING AND (vii) allow for ocean users to contribute
lish a grant program to provide assistance to MITIGATION PROGRAM FOR LARGE data that is verified to be collected using
WHALES.
up to ten seaports to develop and implement comparable near real-time monitoring meth-
mitigation measures that will lead to a (a) ESTABLISHMENT OF THE PROGRAM.—The ods and technologies.
quantifiable reduction in threats to marine Administrator, in coordination with the Sec- (B) NATIONAL SECURITY CONSIDERATIONS.—
mammals from shipping activities and port retary of Defense and the heads of other rel- All monitoring methods, technologies, and
operations. evant Federal departments and agencies, protocols under subparagraph (A) shall be
shall design and deploy a Near Real-Time
(b) ELIGIBLE USES.—A grant under this sec- consistent with national security consider-
Large Whale Monitoring and Mitigation Pro-
tion may be used to develop, assess, and ations and interests.
gram in order to curtail the risk to large
carry out activities that quantifiably reduce (3) PILOT PROGRAM MITIGATION PROTO-
whales of vessel collisions, entanglement in
threats and enhance the habitats of marine COLS.—The Secretary shall, in consultation
commercial fishing gear, and to minimize
mammals by— other impacts, including but not limited to with the Secretary of Homeland Security,
(1) reducing underwater stressors related underwater noise from development activi- Secretary of Defense, Secretary of Transpor-
to marine traffic; ties. Such program shall be capable of de- tation, and Secretary of the Interior, and
(2) reducing vessel strike mortality and tecting and alerting ocean users and enforce- with input from affected stakeholders, de-
other physical disturbances; ment agencies of the location of large whales velop and deploy mitigation protocols that
(3) enhancing marine mammal habitat, in- on a near real-time basis, informing sector- make use of the near real-time monitoring
cluding the habitat for prey of marine mam- specific mitigation protocols that can effec- system to direct sector-specific mitigation
mals; or tively reduce take of large whales, and con- measures that avoid and significantly reduce
ctelli on DSK11ZRN23PROD with HOUSE
(4) monitoring sound, vessel interactions tinually integrating improved technology. risk of injury and mortality to North Atlan-
with marine mammals, or other types of The program shall be informed by the tech- tic right whales.
monitoring that are consistent with reduc- nologies, monitoring methods, and mitiga- (4) PILOT PROGRAM ACCESS TO DATA.—The
ing the threats to and enhancing the habi- tion protocols developed pursuant to the Administrator shall provide access to data
tats of marine mammals. pilot program required in subsection (b). generated by the monitoring system for pur-
(c) PRIORITY.—The Administrator and the (b) PILOT PROJECT.—In carrying out sub- poses of scientific research and evaluation,
Director of the Fish and Wildlife Service section (a), the Administrator shall first es- and public awareness and education, through
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H4888 CONGRESSIONAL RECORD — HOUSE September 22, 2021
the NOAA Right Whale Sighting Advisory (2) The term ‘‘near real-time’’ means that (b) APPROPRIATE COMMITTEES OF CON-
System and WhaleMap or other successive visual, acoustic, or other detections of North GRESS.—In this section, the term ‘‘appro-
public web portals, subject to review for na- Atlantic right whales are transmitted and priate committees of Congress’’ means—
tional security considerations. reported as soon as technically feasible, and (1) the Committee on Armed Services, the
(5) PILOT PROGRAM REPORTING.— no longer than 24 hours, after they have oc- Committee on Commerce, Science, and
(A) INTERIM REPORT.—Not later than two curred. Transportation, the Committee on Environ-
years after the date of the enactment of this (3) The term ‘‘large whale’’ means all ment and Public Works, and the Committee
Act, the Administrator shall submit to the Mysticeti species and species within the gen- on Homeland Security and Governmental Af-
Committee on Natural Resources of the era Physeter and Orcinus. fairs of the Senate; and
House of Representatives, and the Com- (f) AUTHORIZATION OF APPROPRIATIONS.— (2) the Committee on Armed Services, the
mittee on Commerce, Science and Transpor- There is authorized to be appropriated to the Committee on Energy and Commerce, the
tation of the Senate, and make available to Administrator, to support development, de- Committee on Homeland Security, the Com-
the public, an interim report that assesses ployment, application and ongoing mainte- mittee on Natural Resources; and the Com-
the benefits and efficacy of the North Atlan- nance of the monitoring system as required mittee on Transportation and Infrastructure
tic right whale near real-time monitoring by this section, $5,000,000 for each of fiscal of the House of Representatives.
and mitigation pilot program. The report years 2022 through 2026. AMENDMENT NO. 19 OFFERED BY MR. MCCAUL OF
shall include— SEC. 5406. GRANTS TO SUPPORT TECHNOLOGY TEXAS
(i) a description of the monitoring methods THAT REDUCES UNDERWATER
NOISE FROM VESSELS. Add at the end of subtitle C of title XIII of
and technology in use or planned for deploy- division A the following:
(a) IN GENERAL.—Not later than six months
ment; SEC. 13ll. IMPOSITION OF SANCTIONS WITH RE-
after the date of the enactment of this Act,
(ii) analyses of the efficacy of the methods SPECT TO NORD STREAM 2.
the Administrator of the Maritime Adminis-
and technology in use or planned for deploy- (a) IMPOSITION OF SANCTIONS.—
tration shall establish a grant program, to
ment in detecting North Atlantic right (1) IN GENERAL.—Not later than 15 days
be administered in consultation with the
whales both individually and in combination; heads of other appropriate Federal depart- after the date of the enactment of this Act,
(iii) how the monitoring system is directly ments and agencies, to provide assistance for the President shall—
informing and improving species manage- the development and implementation of new (A) impose sanctions under paragraph (2)
ment and mitigation in near real-time across or improved technologies that quantifiably with respect to—
ocean sectors whose activities pose a risk to reduce underwater noise from marine ves- (i) any entity responsible for planning,
North Atlantic right whales; sels. construction, or operation of the Nord
(iv) a prioritized identification of gaps in (b) ELIGIBLE USES.—Grants provided under Stream 2 pipeline or a successor entity; and
technology or methods requiring future re- this section may be used to develop, assess (ii) any other corporate officer of or prin-
search and development. and implement new or improved tech- cipal shareholder with a controlling interest
(B) FINAL REPORT.—Not later than three nologies that materially reduce underwater in an entity described in clause (i); and
years after the date of the enactment of this noise from marine vessels. (B) impose sanctions under paragraph (3)
Act, the Administrator, in coordination with (c) OUTREACH.—The Administrator of the with respect to any entity responsible for
the Secretary of Defense and the heads of Maritime Administration shall conduct out- planning, construction, or operation of the
other relevant Federal departments and reach to eligible persons to provide informa- Nord Stream 2 pipeline or a successor entity.
agencies, shall submit to the Committee on tion on how to apply for assistance under (2) INELIGIBILITY FOR VISAS, ADMISSION, OR
Natural Resources of the House of Rep- this section, the benefits of the program PAROLE OF IDENTIFIED PERSONS AND COR-
resentatives, and the Committee on Com- under this section, and facilitation of best PORATE OFFICERS.—
merce, Science and Transportation of the practices and lessons learned. (A) IN GENERAL.—
Senate, and make available to the public, a (d) ELIGIBLE ENTITIES.—A person shall be
(i) VISAS, ADMISSION, OR PAROLE.—An alien
final report, addressing the components in eligible for assistance under this section if
described in paragraph (1)(A) is—
subparagraph (A) for the subsequent one the person—
(I) inadmissible to the United States;
year following the publication of the interim (1) is—
(II) ineligible to receive a visa or other
report, and including the following— (A) a corporation established under the
documentation to enter the United States;
(i) a strategic plan to expand the pilot pro- laws of the United States;
and
gram to provide near real-time monitoring (B) an individual, partnership, association,
(III) otherwise ineligible to be admitted or
and mitigation measures to additional large organization or any other combination of in-
paroled into the United States or to receive
whale species, including a prioritized plan dividuals, provided, however, that each such
any other benefit under the Immigration and
for acquisition, deployment, and mainte- individual shall be a citizen of the United
Nationality Act (8 U.S.C. 1101 et seq.).
nance of monitoring technologies, and the States or lawful permanent resident of the
(ii) CURRENT VISAS REVOKED.—
locations or species for which the plan would United States or a protected individual as
(I) IN GENERAL.—The visa or other entry
apply; and such term is defined in section 274B(a)(3) of
documentation of an alien described in para-
(ii) a budget and description of appropria- the Immigration and Nationality Act (9
graph (1)(A) shall be revoked, regardless of
tions necessary to carry out the strategic U.S.C. 1324b(a)(3)); or
when such visa or other entry documenta-
plan pursuant to the requirements of clause (C) an academic or research organization;
tion is or was issued.
(i). and
(II) IMMEDIATE EFFECT.—A revocation
(c) ADDITIONAL AUTHORITY.—In carrying (2) is cleared through the Department of
under subclause (I) shall—
out this section, including, the Adminis- Defense.
(e) AUTHORIZATION OF APPROPRIATIONS.— (aa) take effect immediately; and
trator may enter into and perform such con- (bb) automatically cancel any other valid
There is authorized to be appropriated to the
tracts, leases, grants, or cooperative agree- visa or entry documentation that is in the
Administrator of the Maritime Administra-
ments as may be necessary to carry out the alien’s possession.
tion for carrying out this section, $5,000,000
purposes of this section on such terms as the (3) BLOCKING OF PROPERTY OF IDENTIFIED
for each of fiscal years 2022 through 2026, to
Administrator considers appropriate, con- PERSONS.—The President shall exercise all
remain available until expended.
sistent with Federal acquisition regulations. powers granted to the President by the
SEC. 5407. TECHNOLOGY ASSESSMENT FOR
(d) REPORTING.—Not later than one year QUIETING UNITED STATES GOVERN- International Emergency Economic Powers
after the deployment of the program de- MENT VESSELS. Act (50 U.S.C. 1701 et seq.) to the extent nec-
scribed in subsection (b) (and after comple- (a) IN GENERAL.—Not later than 18 months essary to block and prohibit all transactions
tion of the reporting requirements pursuant after the date of the enactment of this Act, in all property and interests in property of
to paragraph (5) of such subsection), and an- the Administrator of the United States Mari- an entity described in paragraph (1)(B) if
nually thereafter through 2029, the Adminis- time Administration, in consultation with such property and interests in property are
trator shall submit to the Committee on the Commandant of the Coast Guard, the in the United States, come within the United
Natural Resources of the House of Rep- Secretary of Defense, the Secretary of Home- States, or are or come within the possession
resentatives, and the Committee on Com- land Security, and the Administrator of the or control of a United States person.
merce, Science and Transportation of the National Oceanic and Atmospheric Adminis- (4) IMPLEMENTATION; PENALTIES.—
Senate, and make available to the public, a tration, shall submit to the appropriate com- (A) IMPLEMENTATION.—The President may
report that assess the benefits and efficacy mittees of Congress and publish, a report exercise all authorities provided to the
of the near real-time monitoring and mitiga- that includes— President under sections 203 and 205 of the
tion program. (1) an identification of existing unclassi- International Emergency Economic Powers
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(e) DEFINITIONS.—In this section: fied technologies that reduce underwater Act (50 U.S.C. 1702 and 1704) to carry out this
(1) The term ‘‘core foraging habitats’’ noise; and subsection.
means areas with biological and physical (2) an evaluation of the effectiveness and (B) PENALTIES.—A person that violates, at-
oceanographic features that aggregate feasibility of incorporating such tech- tempts to violate, conspires to violate, or
Calanus finmarchicus and where North At- nologies in the design, procurement, and causes a violation of this subsection or any
lantic right whales foraging aggregations construction of non-military vessels of the regulation, license, or order issued to carry
have been well documented. United States Government. out this subsection shall be subject to the
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4889
penalties set forth in subsections (b) and (c) (A) On September 27, 2020, Azerbaijan, with baijan against Nagorno Karabakh between
of section 206 of the International Emer- support from Turkey and foreign militia September 27, 2020 and November 9, 2020, in-
gency Economic Powers Act (50 U.S.C. 1705) groups, launched a military assault on cluding an assessment of any potential viola-
to the same extent as a person that commits Nagorno-Karabakh, also known as Artsakh, tions of violations of the Arms Export Con-
an unlawful act described in subsection (a) of resulting in the deaths of thousands and dis- trol Act or other applicable laws, sanctions
that section. placing tens of thousands of ethnic Arme- policies, or other provisions of United States
(5) EXCEPTIONS.— nian residents. law related to the discovery of such parts
(A) EXCEPTION FOR INTELLIGENCE, LAW EN- (B) On November 9, 2020, Azerbaijan, Arme- and technology.
FORCEMENT, AND NATIONAL SECURITY ACTIVI- nia, and Russia signed a tripartite statement (2) Azerbaijan’s use of white phosphorous,
TIES.—Sanctions under this subsection shall to end the conflict. cluster bombs, and prohibited munitions de-
not apply to any authorized intelligence, law (C) In signing the November 9 statement, ployed by Azerbaijan against civilians and
enforcement, or national security activities all parties agreed that the ‘‘exchange of pris- civilian infrastructure in Nagorno Karabakh
of the United States. oners of war, hostages and other detainees as between September 27, 2020, and November 9,
(B) EXCEPTION TO COMPLY WITH UNITED NA- well as the remains of the fatalities shall be 2020, including an assessment of any poten-
TIONS HEADQUARTERS AGREEMENT.—Sanctions carried out.’’. tial violations of United States or inter-
under this subsection shall not apply with (D) The Third Geneva Convention, of which national law related to the use of such muni-
respect to the admission of an alien to the Azerbaijan is a signatory, and customary tions.
United States if the admission of the alien is international law require the release of pris- (3) Turkey’s and Azerbaijan’s recruitment
necessary to permit the United States to oners of war and captured civilians upon the of foreign terrorist fighters to participate in
comply with the Agreement regarding the cessation of hostilities and require that all Azerbaijan’s offensive military operations
Headquarters of the United Nations, signed detainees be treated humanely. against Nagorno Karabakh between Sep-
at Lake Success June 26, 1947, and entered (E) Despite Azerbaijan’s obligations under tember 27, 2020, and November 9, 2020, includ-
into force November 21, 1947, between the the Geneva Conventions and their commit- ing an assessment of any related potential
United Nations and the United States, the ments in signing the November 9 statement, violations of United States law, the Inter-
Convention on Consular Relations, done at long after the end of the conflict, the Gov- national Convention against the Recruit-
Vienna April 24, 1963, and entered into force ernment of Azerbaijan continues to detain ment, Use, Financing and Training of Merce-
March 19, 1967, or other applicable inter- an estimated 200 Armenian prisoners of war, naries, or other international or multilateral
national obligations. hostages, and detained persons, misrepre- treaties.
(C) EXCEPTION RELATING TO IMPORTATION OF senting their status in an attempt to justify (c) RELEVANT CONGRESSIONAL COMMIT-
GOODS.—
their continued captivity. TEES.—In this section, the term ‘‘relevant
(i) IN GENERAL.—Notwithstanding any (F) Human Rights Watch reported in De-
congressional committees’’ means the Com-
other provision of this subsection, the au- cember 2020, that Azerbaijani military forces
mittee on Foreign Affairs and Committee on
thorities and requirements to impose sanc- had mistreated ethnic Armenian prisoners of
Armed Services of the House of Representa-
tions under this subsection shall not include war and subjected them to ‘‘physical abuse
tives and the Committee on Foreign Rela-
the authority or a requirement to impose and humiliation’’.
tions and Committee on Armed Services of
sanctions on the importation of goods. (G) Columbia University’s Institute for the
the Senate.
Study of Human Rights issued a report on
(ii) GOOD DEFINED.—In this subparagraph, (1) Azerbaijan must immediately and un-
the conflict that ‘‘document[s] crimes
the term ‘‘good’’ means any article, natural conditionally return all Armenian prisoners
against humanity and other atrocities com-
or man-made substance, material, supply or of war and captured civilians; and
mitted by Azerbaijani armed forces and
manufactured product, including inspection (2) the Biden Administration should engage
Turkish-backed Islamist fighters against Ar-
and test equipment, and excluding technical at all levels with Azerbaijani authorities, in-
menians’’, including beheadings, summary
data. cluding through the Organization for Secu-
executions, and the desecration of human re-
(6) SUNSET.—The authority to impose sanc- rity and Co-operation in Europe Minsk
mains.
tions under this subsection shall terminate Group process, to make clear the importance
(H) There is limited reliable information
on the date that is 5 years after the date of of adhering to their obligations, under the
about the condition or treatment of pris-
the enactment of this Act. November 9 statement and international
oners of war and captured civilians, and
(7) DEFINITIONS.—In this subsection: law, to immediately release all prisoners of
there is significant concern that female de-
(A) ADMISSION; ADMITTED; ALIEN.—The war and captured civilians.
tainees in particular could be subject to sex-
terms ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ AMENDMENT NO. 22 OFFERED BY MR. CLEAVER
ual assaults and other mistreatment.
have the meanings given those terms in sec-
(I) The continued detainment of prisoners OF MISSOURI
tion 101 of the Immigration and Nationality
of war and captured civilians by Azerbaijan In division E, insert after title LIII the fol-
Act (8 U.S.C. 1101).
calls into serious question their commit- lowing:
(B) UNITED STATES PERSON.—The term
ment to human rights and negotiating an eq-
‘‘United States person’’ means— TITLE LIV—ALCEE L. HASTINGS LEADER-
uitable, lasting peace settlement.
(i) a United States citizen or an alien law- SHIP INSTITUTE FOR INCLUSIVE TRANS-
(J) Armenia has fulfilled its obligations
fully admitted for permanent residence to ATLANTIC ENGAGEMENT
under the November 9 statement and inter-
the United States; SEC. 5401. ESTABLISHMENT OF ALCEE L. HAS-
national law by returning Azerbaijani pris-
(ii) an entity organized under the laws of TINGS LEADERSHIP INSTITUTE FOR
oners of war.
the United States or any jurisdiction within INCLUSIVE TRANSATLANTIC EN-
(K) The United States is a co-chair, along
the United States, including a foreign branch GAGEMENT AS PILOT PROGRAM.
with France and Russia, of the Organization
of such an entity; or (a) ESTABLISHMENT.—There is established
for Security and Co-operation in Europe
(iii) any person within the United States. as a pilot program in the Library of Congress
(b) REPEAL OF NATIONAL INTEREST WAIVER Minsk Group, which was created to seek a
durable and peaceful solution to the the Alcee L. Hastings Leadership Institute
UNDER PROTECTING EUROPE’S ENERGY SECU- for Inclusive Transatlantic Engagement.
RITY ACT OF 2019.—Section 7503 of the Pro-
Nagorno-Karabakh conflict.
(2) SENSE OF CONGRESS.—It is the sense of (b) ADVISORY BOARD.—The Institute shall
tecting Europe’s Energy Security Act of 2019 be subject to the supervision and direction of
(title LXXV of Public Law 116–92; 22 U.S.C. Congress that—
(A) Azerbaijan must immediately and un- an Advisory Board which shall be composed
9526 note) is amended— of seven members as follows:
(1) in subsection (a)(1)(C), by striking ‘‘sub- conditionally return all Armenian prisoners
of war and captured civilians; and (1) Two members appointed by the Speaker
section (i)’’ and inserting ‘‘subsection (h)’’; of the House of Representatives from among
(2) by striking subsection (f); (B) the Biden Administration should en-
gage at all levels with Azerbaijani authori- the members of the House of Representa-
(3) by redesignating subsections (g) tives, one of whom shall be designated by the
through (k) as subsections (f) through (j), re- ties, including through the Organization for
Security and Co-operation in Europe Minsk majority leader of the House of Representa-
spectively; and tives and one of whom shall be designated by
(4) in subsection (i), as redesignated by Group process, to make clear the importance
of adhering to their obligations, under the the minority leader of the House of Rep-
paragraph (3), by striking ‘‘subsection (h)’’ resentatives.
and inserting ‘‘subsection (g)’’. November 9 statement and international
law, to immediately release all prisoners of (2) Two members appointed by the Presi-
AMENDMENT NO. 21 OFFERED BY MR. CÁRDENAS dent pro tempore of the Senate from among
war and captured civilians.
OF CALIFORNIA (b) REPORT.—Not later than 180 days after the members of the Senate, one of whom
Add at the end of subtitle C of title XIII of the date of the enactment of this Act, the shall be designated by the majority leader of
ctelli on DSK11ZRN23PROD with HOUSE
division A the following: Secretary of Defense, in consultation with the Senate and one of whom shall be des-
SEC. 13ll. REPORT ON AZERBAIJAN. the Secretary of State, shall submit to the ignated by the minority leader of the Senate.
(a) SENSE OF CONGRESS ON AZERBAIJAN’S IL- relevant congressional committees a report (3) Two members appointed by the Presi-
LEGAL DETENTION OF ARMENIAN PRISONERS OF on the following: dent, one of whom shall be an officer or em-
WAR.— (1) United States-origin parts and tech- ployee of the Department of State and one of
(1) FINDINGS.—Congress makes the fol- nology discovered in Turkish Bayraktar un- whom shall be an officer or employee of the
lowing findings: manned aerial vehicles deployed by Azer- Department of the Treasury.
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H4890 CONGRESSIONAL RECORD — HOUSE September 22, 2021
(4) The Executive Director of the Institute, (i) by striking ‘‘or’’ at the end of subpara- (c) USE OF FOREIGN CURRENCIES.—For pur-
who shall serve as an ex officio member of graph (J); poses of section 502(b) of the Mutual Security
the Board. (ii) by striking the period at the end of Act of 1954 (22 U.S.C. 1754(b)), the Institute
(c) TERM.—Each member of the Board ap- subparagraph (K) and inserting ‘‘; or’’; and shall be deemed to be a standing committee
pointed under this section shall serve for a (iii) by adding at the end the following new of the Congress and shall be entitled to use
term of three years. Any vacancy shall be subparagraph: funds in accordance with such section.
filled in the same manner as the original ap- ‘‘(L) the Alcee L. Hastings Leadership In- (d) FOREIGN TRAVEL.—Foreign travel for
pointment and the individual so appointed stitute for Inclusive Transatlantic Engage- official purposes by Members of the Institute
shall serve for the remainder of the term. A ment.’’. who are Members of Congress and Institute
Member of Congress appointed to the Board (B) TREATMENT OF INSTITUTE AS EMPLOYING staff may be authorized by the Chair, Vice-
may not consecutively serve as a member of OFFICE.—Section 101(9)(D) of such Act (2 Chair, or Executive Director of the Institute.
the Board for more than a total of six years. U.S.C. 1301(9)(D)) is amended by striking (e) EFFECTIVE DATE.—This section shall
(d) CHAIR AND VICE-CHAIR.—At the first ‘‘and the John C. Stennis Center’’ and insert- take effect on the date of enactment of this
meeting and at its first regular meeting in ing ‘‘the Alcee L. Hastings Leadership Insti- Act.
each calendar year thereafter the Board
tute for Inclusive Transatlantic Engage- AMENDMENT NO. 27 OFFERED BY MS. OMAR OF
shall elect a Chair and Vice-Chair from
ment, and the John C. Stennis Center’’. MINNESOTA
among the members of the Board. The Chair
SEC. 5404. ADMINISTRATIVE PROVISIONS. In section 1080(e)(1), add at the end the fol-
and Vice-Chair may not be members of the
same political party. In order to carry out this title, the Insti- lowing:
(e) PAY NOT AUTHORIZED; EXPENSES.—Mem- tute may carry out any of the following: (J) The impact of civilian harm and human
bers of the Board (other than the Executive (1) Prescribe such regulations as it con- rights violations, including civilian casual-
Director) shall serve without pay, but shall siders necessary for governing the manner in ties from airstrikes, arbitrary detention,
be entitled to reimbursement for travel, sub- which its functions shall be carried out. extrajudicial killings, and the use of torture,
sistence, and other necessary expenses in- (2) Procure temporary and intermittent on the security situation in Afghanistan, the
curred in the performance of their duties. services of experts and consultants as are ability to equip and train the Afghan Na-
(f) LOCATION OF INSTITUTE.—The Institute necessary to the extent authorized by sec- tional Security Force, and popular percep-
shall be located in Washington, DC. tion 3109 of title 5, United States Code. tions of the Afghan National Government
SEC. 5402. PURPOSES AND AUTHORITY OF ALCEE (3) Request and utilize the assignment of and the Taliban, including an examination of
L. HASTINGS LEADERSHIP INSTI- any Federal officer or employee from a de- the extent to which such events contributed
TUTE FOR INCLUSIVE TRANS- partment, agency, or Congressional office to
ATLANTIC ENGAGEMENT.
to the resurgence of the Taliban.
the Institute, including on a rotating basis, AMENDMENT NO. 29 OFFERED BY MR. CORREA OF
(a) PURPOSES.—The purposes of the Insti- by entering into an agreement for such as-
tute shall be to develop a diverse community CALIFORNIA
signment.
of transatlantic leaders, including emerging (4) Enter into contracts, grants, or other At the end of title LX, add the following
leaders, committed to democratic institu- arrangements, or modifications thereof, to new section:
tions, processes, and values by— carry out the provisions of this title, includ- SEC. 60ll.AFGHANISTAN REFUGE SPECIAL
(1) providing training and professional de- ing with any office of the Federal govern- ENVOY.
velopment opportunities for racially and ment or of any State or any subdivision (a) IN GENERAL.—There is established in
ethnically diverse leaders on democratic thereof. the Executive Office of the President an Af-
governance and international affairs; (5) Make expenditures for any expenses in ghanistan Refuge Special Envoy.
(2) enabling international exchanges be- connection with official training sessions or (b) RESPONSIBILITIES.—The Afghanistan
tween leaders to increase understanding and other authorized programs or activities of Refuge Special Envoy shall—
knowledge of democratic models of govern- the Institute. (1) coordinate with the Secretary of State
ance; and (6) Apply for, receive, and use for the pur- and the heads of other relevant Executive
(3) increasing awareness of the importance poses of the Institute grants or other assist- agencies (as defined under section 105 of title
of international public service careers in ra- ance from Federal sources. 5, United States Code) to oversee the evacu-
cially and ethnically diverse communities. (7) Establish, receive, and use for the pur- ation of persons from Afghanistan to the
(b) AUTHORITY.—The Institute is author- United States; and
poses of the Institute fees or other charges
ized, consistent with this title, to develop (2) coordinate with the Director of the Of-
for goods or services provided in fulfilling
such programs, activities, and services as it fice of Refugee Resettlement to connect indi-
considers appropriate to carry out the pur- the Institute’s purposes.
(8) Respond to the request of offices of Con- viduals evacuated from Afghanistan to the
poses described in subsection (a). United States with organizations that can
gress and other departments or agencies of
SEC. 5403. ADMINISTRATIVE PROVISIONS. facilitate the resettlement of such individ-
the Federal government to examine, study,
(a) EXECUTIVE DIRECTOR.—The Board shall uals in the United States.
or report on any issue within the Institute’s
appoint an Executive Director who shall be (c) APPOINTMENT.—The President shall ap-
competence, including the use of classified
the chief executive officer and principal ex- point the Afghanistan Refuge Special Envoy.
ecutive of the Institute and who shall super- materials if necessary.
(9) Work with the appropriate security of- (d) NON-COMPETITIVE SERVICE POSITION.—
vise the affairs of, assist the directions of, The position established under this section
and carry out the functions of the Board to fices of the House of Representatives and
Senate to obtain or retain need-based secu- shall not be a competitive service position.
administer the Institute. The Executive Di- (e) TERMINATION.—The position established
rector of the Institute shall be compensated rity clearances for Institute personnel.
(10) Assign Institute personnel to tem- under this section shall terminate on the
at an annual rate specified by the Board. date that is two years after the date of the
(b) OTHER DUTIES.—The Executive Direc- porary duty with offices of the Federal gov-
ernment, international organizations, agen- enactment of this Act.
tor, in consultation with the Board shall ap-
cies and other entities to fulfill this title. AMENDMENT NO. 31 OFFERED BY MRS. TORRES
point and fix the compensation of such per-
(11) Make other necessary expenditures. OF CALIFORNIA
sonnel as may be necessary to carry out this
title. SEC. 5405. DEFINITIONS. At the end of subtitle C of title XIII add
(c) INSTITUTE PERSONNEL.— In this title: the following:
(1) STAFF APPOINTMENTS.—All staff ap- (1) The term ‘‘Institute’’ means the ‘‘Alcee SEC. 13ll. RULE OF LAW AND DEMOCRATIC STA-
pointments shall be made without regard to L. Hastings Leadership Institute for Inclu- BILITY IN CENTRAL AMERICA ACT.
the provisions of title 5, United States Code, sive Transatlantic Engagement’’ established (a) SANCTIONS RELATING TO ACTS OF SIG-
governing appointments in the competitive as a pilot program under section 5401. NIFICANT CORRUPTION AND ANTI-DEMOCRATIC
service, and without regard to the provisions (2) The term ‘‘Board’’ means the Advisory BEHAVIOR.—
of chapter 51 and subchapter III of chapter 53 Board of the Institute. (1) EXTENSION OF VISA SANCTIONS AGAINST
of such title relating to classification and SEC. 5406. AUTHORIZATION OF APPROPRIATIONS; PERSONS ENGAGING IN ACTS OF SIGNIFICANT
general schedule pay rates. DISBURSEMENTS. CORRUPTION.—Each person listed pursuant to
(2) TREATMENT AS CONGRESSIONAL EMPLOY- (a) AUTHORIZATION OF APPROPRIATIONS.— the requirements of section 353(b) of the De-
EES.—For purposes of pay and other employ- (1) IN GENERAL.—There are authorized to be partment of State, Foreign Operations, and
ment benefits, rights, and privileges and for appropriated for fiscal year 2022 and each of Related Programs Appropriations Act, 2021
all other purposes, any employee of the In- the 4 succeeding fiscal years such sums as (title III of division FF of Public Law 116–260,
stitute shall be considered to be a Congres- may be necessary to carry out this title. relating to targeted sanctions to fight cor-
sional employee under section 2107 of title 5, (2) AVAILABILITY.—Amounts authorized to ruption in El Salvador, Guatemala, and Hon-
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United States Code. be appropriated under paragraph (1) are au- duras) or pursuant to any other provision of
(3) COVERAGE UNDER CONGRESSIONAL AC- thorized to remain available until expended. law requiring a report identifying foreign
COUNTABILITY ACT OF 1995.— (b) DISBURSEMENTS.—Amounts made avail- persons who the President, acting through
(A) TREATMENT OF EMPLOYEES AS COVERED able to the Institute shall be disbursed on the Secretary of State, determines to have
EMPLOYEES.—Section 101(3) of the Congres- vouchers approved by the Chair and Vice- knowingly engaged in actions that under-
sional Accountability Act of 1995 (2 U.S.C. Chair of the Board or by a majority vote of mine democratic processes or institutions, or
1301(3)) is amended— the Board. in significant corruption or obstruction of
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4891
investigations, and all immediate family adherence to the rule of law, as well as the and annually thereafter, the Secretary of
members of such person, shall be deemed to response by the Department to any serious State shall submit to Congress a report enti-
be ineligible for entry into the United States violations of human rights or anti-demo- tled ‘‘Rule of Law and Democratic Stability
in the same manner and to the same extent cratic actions by the security forces of such in Central America,’’ that includes—
as an official ineligible for such entry pursu- countries. (i) a description of the efforts of the De-
ant to section 7031(c) of division K of such (iii) A list of all United States training and partment of State, working with the United
Act. equipment provided to the security forces of States Agency for International Develop-
(2) INTERNATIONAL COORDINATION.— The the Northern Triangle countries within the 2 ment, to address whole-of-government ap-
Secretary of State and Secretary of the years prior to the date of the enactment of proaches to counter democratic deficiencies
Treasury shall seek to engage international this Act, the number of inspections of the or backsliding, endemic corruption, efforts
partners and international institutions for use of such equipment that have occurred to weaken the rule of law, and attacks
information sharing and technical assistance during that period, and the nature of those against independent media and civil society
for coordinated action, including economic inspections. organizations that threaten political insta-
sanctions, visa restrictions, or additional re- (iv) An evaluation of the current vetting bility and prevent equitable development op-
strictions on security assistance or coopera- process used to ensure that any such equip- portunities in the preceding year; and
tion, against undemocratic, corrupt actors. ment is not provided to a unit or individual (ii) a description of all economic sanctions,
(b) LIMITATION ON ASSISTANCE WITH RE- that is ineligible to receive such equipment visa restrictions, or other measures taken by
SPECT TO EL SALVADOR, HONDURAS, OR GUA- under paragraph (1). the United States to achieve the goals de-
TEMALA.— (v) A list of any such units or individuals scribed in paragraph (1), and the impact of
(1) LIMITATION.—Funds authorized to be ap- that are credibly alleged to have engaged in such actions.
propriated by this Act or otherwise made serious violations of human rights, signifi- (B) FORM; PUBLICATION.—
available for fiscal year 2022 for the Depart- cant corruption, or anti-democratic activi- (i) FORM.—The report required by subpara-
ment of Defense or the Department of State ties that have received United States assist- graph (A) shall be submitted in unclassified
may be obligated or expended for assistance, ance within the two years prior to the date form but may include a classified annex.
including training and equipment, to a unit of the enactment of this Act. (ii) PUBLICATION.—The unclassified portion
or member of the security forces of El Sal- (vi) A list of any such units that are known of each report required by subparagraph (A)
vador, Honduras, or Guatemala only if such to the Secretary to have used United States shall be made publicly available by the com-
unit— equipment for any purpose other than the mittee or committees of Congress receiving
(A)(i) has had no credible allegation of sig- purpose for which the equipment was pro- such report.
nificant corruption, including in its leader- vided by the United States. (2) INCLUSION OF CORRUPTION CONCERNS IN
ship, within the five years prior to the date (B) FORM.—The report required by subpara- OTHER REPORTING.—The Secretary of State
of the enactment of this section; graph (A) shall be submitted in unclassified shall include consideration of measures
(ii) has had no credible allegation of im- form, but may contain a classified annex. against corruption in the context of all re-
peding democratic processes within the five (C) DEFINITIONS.—In this paragraph— quired reporting with respect to human
years prior to such date of enactment; and (i) the term ‘‘Northern Triangle countries’’ rights, including in the annual Country Re-
(iii) has had no credible allegation of means El Salvador, Honduras, and Guate- ports on Human Rights Practices submitted
threatening personnel of the United States mala; and pursuant to section 116 of the Foreign Assist-
Government or international organizations (ii) the term ‘‘appropriate congressional ance Act of 1961 (22 U.S.C. 2151n).
within the five years prior to such date of committees’’ means the congressional de- (3) INTERNATIONAL FINANCIAL INSTITUTION
enactment; or fense committees, the Committee on Foreign FUNDING ASSESSMENT.—Not later than 90 days
(B) the government of such country has Affairs of the House of Representatives, and after the date of the enactment of this Act,
taken effective steps to hold accountable the Committee on Foreign Relations of the the Secretary of State shall submit to Con-
any person or unit of a security force Senate. gress a review of all United States funding
credibly alleged to have engaged in an activ- (c) STATE DEPARTMENT FELLOWSHIPS FOR made available to international financial in-
ity described in clauses (i) through (iii) of RULE OF LAW ACTIVITIES IN CENTRAL AMER- stitutions in the previous fiscal year that in-
subparagraph (A). ICA.— cludes a determination whether any such
(2) VETTING REPORT REQUIRED.—Not later (1) ESTABLISHMENT.—There is established funding has been provided to any individual
than 60 days after providing any assistance in the Department of State a fellowship pro- or any institution led by an individual
described in paragraph (1), the Secretary of gram, to be known as the ‘‘Central American credibly alleged to have engaged in acts of
Defense, in coordination with the Secretary Network for Democracy’’, to support a re- corruption or the obstruction of democratic
of State, shall submit to the congressional gional corps of civil society, activists, law- processes or institutions. Such review shall
defense committees, the Committee on For- yers (including members of the judiciary and also include a description of the actions
eign Affairs of the House of Representatives, prosecutors’ offices), journalists, and inves- taken in the instance that funds are mis-
and the Committee on Foreign Relations of tigators to leverage lessons learned in order used, abused, or assessed to be misused,
the Senate a report that— to contribute to regional democracy and rule abused, or otherwise used for corrupt or un-
(A) identifies the unit to which such assist- of law activities in Central America, includ- democratic actions, and how the public pro-
ance has been provided; ing electoral and transition support, institu- curement process played a role in the mat-
(B) describes the vetting process used; and tional reform, anti-corruption investiga- ter.
(C) describes how such assistance is im- tions, and local engagement. (4) CENTRAL AMERICA INTELLIGENCE ASSESS-
pacting United States policy and how the (2) REGIONAL AND INTERNATIONAL SUP- MENT.—Not later than 90 days after the date
relevant country is taking effective steps to PORT.—The Secretary of State shall take of the enactment of this Act, the Secretary
prevent any misuse of such assistance. such steps as may be necessary to obtain of State, in coordination with the Director of
(3) TRANSFER AUTHORITY.—The Secretary of support for such fellowships from inter- National Intelligence and the heads of other
Defense and the Secretary of State, respec- national foundations, regional and United applicable Federal departments and agencies
tively, may make available amounts with- States governmental and nongovernmental shall conduct and submit to Congress an in-
held from obligation or expenditure pursuant organizations, and regional and United telligence assessment examining improper
to the limitation under paragraph (1) for pro- States universities. influence or interference by persons com-
grams in El Salvador, Honduras, or Guate- (3) FOCUS; SAFETY.—Activities carried out prising corrupt power structures and illicit
mala that do not support the central govern- under the fellowship— networks, such as organized crime, over the
ments of such countries. (A) should focus on coordination and con- security sector, judicial sector, legislative
(4) REPORT ON NORTHERN TRIANGLE COUN- sultation with key bodies to continue their bodies, and public finance and procurement
TRIES.— democracy efforts, including the Department processes in Central American countries, in
(A) IN GENERAL.—Not later than 180 days of Justice, Department of Treasury, Depart- order to prioritize investigations of individ-
after the date of the enactment of this Act, ment of State, the United States Agency for uals who play a significant role in enabling
the Secretary of Defense, in consultation International Development, the Organization high level corruption and obstruction of
with the Secretary of State, and shall sub- of American States, the Inter-American democratic processes, including—
mit to the appropriate congressional com- Court for Human Rights, and the United Na- (A) current or former officials of the secu-
mittees a report that includes the following: tions; and rity sector or the justice sector, including of-
(i) A description of any ongoing or planned (B) may include strengthened protection ficials of any sector or ministry involved in
activities in cooperation with the security for the physical safety of individuals who the selection of prosecutors or other judicial
forces of the Northern Triangle countries. must leave their home country to partici- officers, who have willfully cooperated or
ctelli on DSK11ZRN23PROD with HOUSE
(ii) An assessment of the adherence of the pate in the program, including assistance for colluded with such corrupt structures or il-
security forces of the Northern Triangle temporary relocation, English language licit networks;
countries to human rights norms and the learning, and mental health support. (B) private citizens, entities, and non-
rule of law, and a description of any ongoing (d) REPORTS AND BRIEFING REQUIRED.— governmental organizations involved in—
or planned activities between the United (1) ANNUAL PROGRESS REPORT.— (i) the bribery of or threats against, per-
States and the Northern Triangle countries (A) IN GENERAL.—Not later than 180 days sonnel of the justice sector, journalists, or
focused on protection of human rights and after the date of the enactment of this Act, activists; or
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H4892 CONGRESSIONAL RECORD — HOUSE September 22, 2021
(ii) the misuse of disciplinary proceedings other person engaged in one or more of the (d) NO DENIAL OF BENEFITS.—This Act shall
and formal and informal sanctions with re- activities described in this paragraph. not be construed to deny any individual any
spect to the justice sector with the intention (e) AUTHORIZATION OF APPROPRIATIONS TO benefit from the Federal Government.
of harassing, punishing, or otherwise inter- SUPPORT RULE OF LAW AND ANTI-CORRUPTION AMENDMENT NO. 37 OFFERED BY MS. HOULAHAN
fering with the legitimate exercise of a ACTIVITIES.—There is authorized to be appro- OF PENNSYLVANIA
judge’s professional activities priated $10,000,000 for the Secretary of State Add after title LIII the following new title:
(C) any other persons directly involved in, and the Administrator of the United States
financing, or otherwise supporting, the ac- Agency for International Development to TITLE LIV—FEDERAL CYBERSECURITY
tivities described in subparagraph (A) or (B). strengthen the rule of law, combat corrup- WORKFORCE EXPANSION
(5) QUARTERLY BRIEFINGS.— tion, consolidate democratic governance, SEC. 5401. FINDINGS.
(A) IN GENERAL.—The Secretary of State and protect and defend human rights, includ- Congress finds that—
shall provide quarterly briefings, including ing for activities carried out with respect to (1) the need for qualified cybersecurity per-
in classified form as appropriate, to the ap- Central American countries. sonnel is greater than ever, as demonstrated
propriate congressional committees to dis- by the recent SolarWinds breach and the
AMENDMENT NO. 32 OFFERED BY MR. LANGEVIN
cuss the strategy of the Department to lever- growing spate of ransomware attacks on
OF RHODE ISLAND
age all United States tools, including non- critical infrastructure entities and State and
public and public visa restrictions or revoca- Add at the end of subtitle D of title XV of
local governments;
tions, economic sanctions, asset forfeitures, division A the following:
(2) the Federal Government is facing a
or criminal charges, to sanction the foreign SECTION 15ll. AUTHORITY FOR NATIONAL shortage of qualified cybersecurity per-
persons described in subparagraph (B), any CYBER DIRECTOR TO ACCEPT DE-
sonnel, as noted in a March 2019 Government
actions taken in the preceding quarter TAILS ON NONREIMBURSABLE
BASIS. Accountability Office report on critical
against corrupt and undemocratic foreign staffing needs in the Federal cybersecurity
persons, and the outcome of such actions to Section 1752(e) of the William M. (Mac)
workforce;
date. Such briefings shall also include a dis- Thornberry National Defense Authorization
(3) there is a national shortage of qualified
cussion of actions proposed to be taken in Act for Fiscal Year 2021 (Public Law 116–283)
cybersecurity personnel, and according to
the forthcoming quarter with respect to such is amended—
CyberSeek, a project supported by the Na-
persons. (1) by redesignating paragraphs (1) through
tional Initiative for Cybersecurity Education
(B) TARGETED FOREIGN NATIONALS.—The (8) as subparagraphs (A) through (H), respec-
within the National Institute of Standards
foreign persons described in this subpara- tively, and indenting such subparagraphs
and Technology, there are approximately
graph are the following: two ems to the right;
500,000 cybersecurity job openings around the
(i) Foreign persons identified in the intel- (2) in the matter before subparagraph (A),
United States;
ligence assessment required by paragraph (4), as redesignated by paragraph (1), by striking
(4) in May 2021, the Department of Home-
including persons providing material support ‘‘The Director may’’ and inserting the fol-
land Security announced that the Depart-
for acts of significant corruption such as in- lowing:
ment was initiating a 60 day sprint to hire
fluence peddling, illicit enrichment, abuse of ‘‘(1) IN GENERAL.—The Director may’’;
200 cybersecurity personnel across the De-
power, or acts that serve to protect and (3) in paragraph (1)—
partment, with 100 of those hires for the Cy-
maintain impunity. (A) as redesignated by paragraph (2), by re-
bersecurity and Infrastructure Security
(ii) Foreign persons engaging in a pattern designating subparagraphs (C) through (H) as
Agency, to address a cybersecurity work-
or practice of threatening justice sector per- subparagraphs (D) through (I), respectively;
force shortage; and
sonnel, witnesses, victims or their represent- and
(5) the Federal Government needs to—
atives in an official proceeding, including (B) by inserting after subparagraph (B) the
through direct communications, public defa- (A) expand the cybersecurity workforce
following new subparagraph (C):
mation campaigns, or the intentional misuse pipeline of the Federal Government to
‘‘(C) accept officers or employees of the
of legal process to harass such persons with sustainably close a Federal cybersecurity
United States or members of the Armed
the purpose or effect of intimidating and ob- workforce shortage; and
Forces on a detail from an element of the in-
structing the judicial process, except that (B) work cooperatively with the private
telligence community (as such term is de-
speech, including through social media, that sector and State and local government au-
fined in section 3(4) of the National Security
would be protected in the United States thorities to expand opportunities for new cy-
Act of 1947 (50 U.S.C. 3003(4))) or from an-
under the First Amendment to the United bersecurity professionals.
other element of the Federal Government on
States Constitution may not be construed to SEC. 5402. CYBERSECURITY AND INFRASTRUC-
a nonreimbursable basis, as jointly agreed to
constitute such a pattern or practice. TURE SECURITY APPRENTICESHIP
by the heads of the receiving and detailing PROGRAM.
(iii) Foreign persons providing a thing of elements, for a period not to exceed three
value in exchange for an official act, includ- Subtitle A of title XXII of the Homeland
years;’’; and
ing— Security Act of 2002 (6 U.S.C. 651 et seq.) is
(4) by adding at the end the following new
(I) providing campaign funds for the pur- amended by adding at the end the following:
paragraph:
pose of securing lax enforcement of the law ‘‘SEC. 2202A. APPRENTICESHIP PROGRAM.
‘‘(2) RULES OF CONSTRUCTION REGARDING DE-
or access to public resources; or TAILS.—Paragraph (1)(C) shall not be con- ‘‘(a) DEFINITIONS.—In this section:
(II) supporting appointment to an official strued to impose any limitation on any other ‘‘(1) AREA CAREER AND TECHNICAL EDU-
post in exchange for favorable treatment. authority for reimbursable or nonreimburs- CATION SCHOOL.—The term ‘area career and
(iv) Foreign persons obstructing justice in able details. A nonreimbursable detail made technical education school’ has the meaning
human rights or corruption investigations or under such paragraph shall not be considered given the term in section 3 of the Carl D.
prosecutions, including by filing legal claims an augmentation of the appropriations of the Perkins Career and Technical Education Act
for an improper purpose such as to harass, receiving element of the Office of the Na- of 2006 (20 U.S.C. 2302).
delay or increase the cost of litigation. tional Cyber Director.’’. ‘‘(2) COMMUNITY COLLEGE.—The term ‘com-
(v) Foreign persons repressing free speech, munity college’ means a public institution of
AMENDMENT NO. 33 OFFERED BY MR. KAHELE OF
assembly, or organization. higher education at which the highest degree
HAWAII
(vi) Foreign persons threatening or com- that is predominantly awarded to students is
mitting violence or intimidation against in- At the end of subtitle I of title V, insert an associate’s degree, including—
vestigators, activists, journalists, or human the following: ‘‘(A) a 2-year Tribal College or and Univer-
rights defenders. SEC. 585. RESCISSION OF MEDALS OF HONOR sity, as defined in section 316 of the Higher
(vii) Foreign persons committing actions AWARDED FOR ACTS AT WOUNDED Education Act of 1965 (20 U.S.C. 1059c); and
or policies that undermine democratic proc- KNEE CREEK ON DECEMBER 29, 1890. ‘‘(B) a public 2-year State institution of
esses or institutions. (a) IN GENERAL.—Each Medal of Honor higher education.
(viii) Foreign persons attempting to ma- awarded for acts at Wounded Knee Creek, ‘‘(3) CYBERSECURITY WORK ROLES.—The
nipulate elections or suppress votes, includ- Lakota Pine Ridge Indian Reservation, term ‘cybersecurity work roles’ means the
ing through the misuse of administrative re- South Dakota, on December 29, 1890, is re- work roles outlined in the National Initia-
sources, corrupt interference in the regula- scinded. tive for Cybersecurity Education Cybersecu-
tion or administration of elections, intimi- (b) MEDAL OF HONOR ROLL.—The Secretary rity Workforce Framework (NIST Special
dation at the polls, or the intentional publi- concerned shall remove the name of each in- Publication 800–181), or any successor frame-
cation of false information pertaining to dividual awarded a Medal of Honor for acts work.
elections, candidates, or parties. described in subsection (a) from the Army, ‘‘(4) EDUCATION AND TRAINING PROVIDER.—
ctelli on DSK11ZRN23PROD with HOUSE
(ix) Foreign persons interfering in any Navy, Air Force, and Coast Guard Medal of The term ‘education and training provider’
election for public office in Central America Honor Roll maintained under section 1134a of means—
or in the United States, including official title 10, United States Code. ‘‘(A) an area career and technical edu-
candidate selection processes or campaign fi- (c) RETURN OF MEDAL NOT REQUIRED.—No cation school;
nance. person may be required to return to the Fed- ‘‘(B) an early college high school;
(x) Foreign officials or groups providing fi- eral Government a Medal of Honor rescinded ‘‘(C) an educational service agency;
nancial support or indirect support to any under subsection (a). ‘‘(D) a high school;
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4893
‘‘(E) a local educational agency or State of the individual after completion of the pro- scribed in this subsection is an apprentice-
educational agency; gram. ship program that—
‘‘(F) a Tribal educational agency, Tribally ‘‘(12) SPONSOR.—The term ‘sponsor’ means ‘‘(1) leads directly to employment in—
controlled college or university, or Tribally any person, association, committee, or orga- ‘‘(A) a cybersecurity work role with the
controlled postsecondary career and tech- nization operating an apprenticeship pro- Agency; or
nical institution; gram and in whose name the program is, or ‘‘(B) a position with a company or other
‘‘(G) a postsecondary educational institu- is to be, registered or approved. entity provided that the position is—
tion; ‘‘(13) STATE APPRENTICESHIP AGENCY.—The ‘‘(i) certified by the Director as contrib-
‘‘(H) a minority-serving institution; term ‘State apprenticeship agency’ has the uting to the national cybersecurity of the
‘‘(I) a provider of adult education and lit- meaning given the term in section 29.2 of United States; and
eracy activities under the Adult Education title 29, Code of Federal Regulations, or any ‘‘(ii) funded at least in majority part
and Family Literacy Act (29 U.S.C. 3271 et corresponding similar regulation or ruling. through a contract, grant, or cooperative
seq.); ‘‘(14) STATE WORKFORCE DEVELOPMENT agreement with the Agency;
‘‘(J) a local agency administering plans BOARD.—The term ‘State workforce develop- ‘‘(2) is focused on competencies and related
under title I of the Rehabilitation Act of 1973 ment board’ has the meaning given the term learning necessary, as determined by the Di-
(29 U.S.C. 720 et seq.), other than section 112 ‘State board’ in section 3 of the Workforce rector, to meet the immediate and ongoing
or part C of that title (29 U.S.C. 732, 741); Innovation and Opportunity Act (29 U.S.C. needs of cybersecurity work roles at the
‘‘(K) a related instruction provider, includ- 3102). Agency; and
‘‘(15) WIOA TERMS.—The terms ‘career ‘‘(3) is registered with and approved by the
ing a qualified intermediary acting as a re-
planning’, ‘community-based organization’, Office of Apprenticeship of the Department
lated instruction provider as approved by a
‘economic development agency’, ‘industry or of Labor or a State apprenticeship agency
registration agency;
sector partnership’, ‘on-the-job training’, pursuant to the Act of August 16, 1937 (com-
‘‘(L) a Job Corps center, as defined in sec-
‘recognized postsecondary credential’, and monly known as the ‘National Apprentice-
tion 142 of the Workforce Innovation and Op-
‘workplace learning advisor’ have the mean- ship Act’; 29 U.S.C. 50 et seq.).
portunity Act (29 U.S.C. 3192); or
ings given those terms in section 3 of the ‘‘(d) COORDINATION.—In the development of
‘‘(M) a consortium of entities described in
Workforce Innovation and Opportunity Act an apprenticeships program under this sec-
any of subparagraphs (A) through (L). (29 U.S.C. 3102).
‘‘(5) ELIGIBLE ENTITY.— tion, the Director shall consult with the Sec-
‘‘(16) QUALIFIED INTERMEDIARY.— retary of Labor, the Director of the National
‘‘(A) IN GENERAL.—The term ‘eligible enti- ‘‘(A) IN GENERAL.—The term ‘qualified
ty’ means— Institute of Standards and Technology, the
intermediary’ means an entity that dem- Secretary of Defense, the Director of the Na-
‘‘(i) a program sponsor; onstrates expertise in building, connecting,
‘‘(ii) a State workforce development board tional Science Foundation, and the Director
sustaining, and measuring the performance of the Office of Personnel Management to le-
or State workforce agency, or a local work- of partnerships described in subparagraph (B) verage existing resources, research, commu-
force development board or local workforce and serves program participants and employ- nities of practice, and frameworks for devel-
development agency; ers by— oping cybersecurity apprenticeship pro-
‘‘(iii) an education and training provider; ‘‘(i) connecting employers to programs grams.
‘‘(iv) if the applicant is in a State with a under the national apprenticeship system; ‘‘(e) OPTIONAL USE OF GRANTS OR COOPERA-
State apprenticeship agency, such State ap- ‘‘(ii) assisting in the design and implemen- TIVE AGREEMENTS.—An apprenticeship pro-
prenticeship agency; tation of such programs, including cur- gram under this section may include enter-
‘‘(v) an Indian Tribe or Tribal organiza- riculum development and delivery for re- ing into a contract or cooperative agreement
tion; lated instruction; with or making a grant to an eligible entity
‘‘(vi) an industry or sector partnership, a ‘‘(iii) supporting entities, sponsors, or pro- if determined appropriate by the Director
group of employers, a trade association, or a gram administrators in meeting the registra- based on the eligible entity—
professional association that sponsors or tion and reporting requirements of this Act; ‘‘(1) demonstrating experience in imple-
participates in a program under the national ‘‘(iv) providing professional development menting and providing career planning and
apprenticeship system; activities such as training to mentors; career pathways toward apprenticeship pro-
‘‘(vii) a Governor of a State; ‘‘(v) supporting the recruitment, retention, grams;
‘‘(viii) a labor organization or joint labor- and completion of potential program partici- ‘‘(2) having knowledge of cybersecurity
management organization; or pants, including nontraditional apprentice- workforce development;
‘‘(ix) a qualified intermediary. ship populations and individuals with bar- ‘‘(3) being eligible to enter into a contract
‘‘(B) SPONSOR REQUIREMENT.—Not fewer riers to employment; or cooperative agreement with or receive
than 1 entity described in subparagraph (A) ‘‘(vi) developing and providing personalized grant funds from the Agency as described in
shall be the sponsor of a program under the program participant supports, including by this section;
national apprenticeship system. partnering with organizations to provide ac- ‘‘(4) providing students who complete the
‘‘(6) INSTITUTION OF HIGHER EDUCATION.— cess to or referrals for supportive services apprenticeship program with a recognized
The term ‘institution of higher education’ and financial advising; postsecondary credential;
has the meaning given the term in section ‘‘(vii) providing services, resources, and ‘‘(5) using related instruction that is spe-
101 of the Higher Education Act of 1965 (20 supports for development, delivery, expan- cifically aligned with the needs of the Agen-
U.S.C. 1001). sion, or improvement of programs under the cy and utilizes workplace learning advisors
‘‘(7) LOCAL EDUCATIONAL AGENCY; SEC- national apprenticeship system; or and on-the-job training to the greatest ex-
ONDARY SCHOOL.—The terms ‘local edu- ‘‘(viii) serving as a program sponsor. tent possible; and
cational agency’ and ‘secondary school’ have ‘‘(B) PARTNERSHIPS.—The term ‘partner- ‘‘(6) demonstrating successful outcomes
the meanings given those terms in section ships described in subparagraph (B)’ means connecting graduates of the apprenticeship
8101 of the Elementary and Secondary Edu- partnerships among entities involved in, or program to careers relevant to the program.
cation Act of 1965 (20 U.S.C. 7801). applying to participate in, programs under ‘‘(f) APPLICATIONS.—If the Director enters
‘‘(8) LOCAL WORKFORCE DEVELOPMENT the national apprenticeship system, includ- into an arrangement as described in sub-
BOARD.—The term ‘local workforce develop- ing— section (e), an eligible entity seeking a con-
ment board’ has the meaning given the term ‘‘(i) industry or sector partnerships; tract, cooperative agreement, or grant under
‘local board’ in section 3 of the Workforce In- ‘‘(ii) partnerships among employers, joint the program shall submit to the Director an
novation and Opportunity Act (29 U.S.C. labor-management organizations, labor orga- application at such time, in such manner,
3102). nizations, community-based organizations, and containing such information as the Di-
‘‘(9) NONPROFIT ORGANIZATION.—The term industry associations, State or local work- rector may require.
‘nonprofit organization’ means an organiza- force development boards, education and ‘‘(g) PRIORITY.—In selecting eligible enti-
tion that is described in section 501(c) of the training providers, social service organiza- ties to receive a contract, grant, or coopera-
Internal Revenue Code of 1986 and exempt tions, economic development organizations, tive agreement under this section, the Direc-
from taxation under section 501(a) of such Indian Tribes or Tribal organizations, one- tor may prioritize an eligible entity that—
Code. stop operators, one-stop partners, or vet- ‘‘(1) is a member of an industry or sector
‘‘(10) PROVIDER OF ADULT EDUCATION.—The erans service organizations in the State partnership;
term ‘provider of adult education’ has the workforce development system; or ‘‘(2) provides related instruction for an ap-
meaning given the term ‘eligible provider’ in ‘‘(iii) partnerships among 1 or more of the prenticeship program through—
section 203 of the Adult Education and Fam- entities described in clauses (i) and (ii). ‘‘(A) a local educational agency, a sec-
ctelli on DSK11ZRN23PROD with HOUSE
ily Literacy Act (29 U.S.C. 3272). ‘‘(b) ESTABLISHMENT OF APPRENTICESHIP ondary school, a provider of adult education,
‘‘(11) RELATED INSTRUCTION.—The term ‘re- PROGRAMS.—Not later than 2 years after the an area career and technical education
lated instruction’ means an organized and date of enactment of this section, the Direc- school, or an institution of higher education;
systematic form of instruction designed to tor may establish 1 or more apprenticeship or
provide an individual in an apprenticeship programs as described in subsection (c). ‘‘(B) an apprenticeship program that was
program with the knowledge of the technical ‘‘(c) APPRENTICESHIP PROGRAMS DE- registered with the Department of Labor or
subjects related to the intended occupation SCRIBED.—An apprenticeship program de- a State apprenticeship agency before the
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H4894 CONGRESSIONAL RECORD — HOUSE September 22, 2021
date on which the eligible entity applies for (iii) enables a holder of the credential to works necessary to carry out the require-
the grant under subsection (g); move vertically and horizontally within and ments of subsection (c) and accommodate
‘‘(3) works with the Secretary of Defense, across training and education systems for the usage by eligible individuals partici-
the Secretary of Veterans Affairs, or vet- the attainment of other credentials. pating in the pilot program.
erans organizations to transition members of (3) VETERAN.—The term ‘‘veteran’’ has the (2) ACTIONS.—Actions described in para-
the Armed Forces and veterans to appren- meaning given the term in section 101 of graph (1) may include providing additional
ticeship programs in a relevant sector; or title 31, United States Code. funding, staff, or other resources to—
‘‘(4) plans to use the grant to carry out the (4) WORK-BASED LEARNING.—The term (A) provide administrative support for
apprenticeship program with an entity that ‘‘work-based learning’’ has the meaning basic functions of the pilot program;
receives State funding or is operated by a given the term in section 3 of the Carl D. (B) ensure the success and ongoing engage-
State agency. Perkins Career and Technical Education Act ment of eligible individuals participating in
‘‘(h) TECHNICAL ASSISTANCE.—The Director of 2006 (20 U.S.C. 2302). the pilot program;
shall provide technical assistance to eligible (b) ESTABLISHMENT.—Not later than 1 year (C) connect graduates of the pilot program
entities to leverage the existing job training after the date of enactment of this Act, the to job opportunities within the Federal Gov-
and education programs of the Agency and Secretary of Veterans Affairs shall establish ernment; and
other relevant programs at appropriate Fed- a pilot program under which the Secretary (D) allocate dedicated positions for term
eral agencies. shall provide cyber-specific training for eli- employment to enable Federal work-based
‘‘(i) EXCEPTED SERVICE.—Participants in gible individuals. learning opportunities and programs for par-
the program may be entered into cybersecu- (c) ELEMENTS.—The pilot program estab- ticipants to gain the experience necessary to
rity-specific excepted service positions as de- lished under subsection (b) shall incor- pursue permanent Federal employment.
termined appropriate by the Director and au- porate— SEC. 5404. FEDERAL WORKFORCE ASSESSMENT
thorized by section 2208. (1) virtual platforms for coursework and EXTENSION.
‘‘(j) REPORT.— training; Section 304(a) of the Federal Cybersecurity
‘‘(1) IN GENERAL.—Not less than once every (2) hands-on skills labs and assessments; Workforce Assessment Act of 2015 (5 U.S.C.
2 years after the establishment of an appren- (3) Federal work-based learning opportuni- 301 note) is amended, in the matter preceding
ticeship program under this section, the Di- ties and programs; and paragraph (1), by striking ‘‘2022’’ and insert-
rector shall submit to Congress a report on (4) the provision of portable credentials to ing ‘‘2025’’.
the program, including— eligible individuals who graduate from the SEC. 5405. TITLE XXII TECHNICAL AND CLERICAL
‘‘(A) a description of— pilot program. AMENDMENTS.
‘‘(i) any activity carried out by the Agency (d) ALIGNMENT WITH NICE WORKFORCE
(a) TECHNICAL AMENDMENTS.—
under this section; FRAMEWORK FOR CYBERSECURITY.—The pilot
(1) HOMELAND SECURITY ACT OF 2002.—Sub-
‘‘(ii) any entity that enters into a contract program established under subsection (b)
title A of title XXII of the Homeland Secu-
or agreement with or receives a grant from shall align with the taxonomy, including
rity Act of 2002 (6 U.S.C. 651 et seq.) is
the Agency under subsection (e); work roles and associated tasks, knowledge,
amended—
‘‘(iii) any activity carried out using a con- and skills, from the National Initiative for
(A) in the first section 2215 (6 U.S.C. 665; re-
tract, agreement, or grant under this section Cybersecurity Education Workforce Frame-
lating to the duties and authorities relating
as described in subsection (e); and work for Cybersecurity (NIST Special Publi-
to .gov internet domain), by amending the
‘‘(iv) best practices used to leverage the in- cation 800–181), or any successor framework.
(e) COORDINATION.— section enumerator and heading to read as
vestment of the Federal Government under follows:
this section; and (1) TRAINING, PLATFORMS, AND FRAME-
WORKS.—In developing the pilot program ‘‘SEC. 2215. DUTIES AND AUTHORITIES RELATING
‘‘(B) an assessment of the results achieved TO .GOV INTERNET DOMAIN.’’;
by the program, including the rate of contin- under subsection (b), the Secretary of Vet-
erans Affairs shall coordinate with the Sec- (B) in the second section 2215 (6 U.S.C. 665b;
ued employment at the Agency for partici- relating to the joint cyber planning office),
pants after completing an apprenticeship retary of Defense, the Secretary of Homeland
Security, the Secretary of Labor, and the Di- by amending the section enumerator and
program carried out under this section. heading to read as follows:
‘‘(k) PERFORMANCE REPORTS.—Not later rector of the Office of Personnel Manage-
ment to evaluate and, where possible, lever- ‘‘SEC. 2216. JOINT CYBER PLANNING OFFICE.’’;
than 1 year after the establishment of an ap-
prenticeship program under this section, and age existing training, platforms, and frame- (C) in the third section 2215 (6 U.S.C. 665c;
annually thereafter, the Director shall sub- works of the Federal Government for pro- relating to the Cybersecurity State Coordi-
mit to Congress and the Secretary of Labor viding cyber education and training to pre- nator), by amending the section enumerator
a report on the effectiveness of the program vent duplication of efforts. and heading to read as follows:
based on the accountability measures de- (2) FEDERAL WORK-BASED LEARNING OPPOR- ‘‘SEC. 2217. CYBERSECURITY STATE COORDI-
TUNITIES AND PROGRAMS.—In developing the NATOR.’’;
scribed in clauses (i) and (ii) of section
116(b)(2)(A) of the Workforce Innovation and Federal work-based learning opportunities (D) in the fourth section 2215 (6 U.S.C. 665d;
Opportunity Act (29 U.S.C. 3141(b)(2)(A)). and programs required under subsection relating to Sector Risk Management Agen-
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— (c)(3), the Secretary of Veterans Affairs shall cies), by amending the section enumerator
There is authorized to be appropriated to the coordinate with the Secretary of Defense, and heading to read as follows:
Agency such sums as necessary to carry out the Secretary of Homeland Security, the ‘‘SEC. 2218. SECTOR RISK MANAGEMENT AGEN-
this section.’’. Secretary of Labor, the Director of the Office CIES.’’;
SEC. 5403. PILOT PROGRAM ON CYBER TRAINING of Personnel Management, and the heads of (E) in section 2216 (6 U.S.C. 665e; relating to
FOR VETERANS AND MEMBERS OF other appropriate Federal agencies to iden- the Cybersecurity Advisory Committee), by
THE ARMED FORCES tify or create interagency opportunities that amending the section enumerator and head-
TRANSITIONING TO CIVILIAN LIFE. will enable the pilot program established ing to read as follows:
(a) DEFINITIONS.—In this section: under subsection (b) to— ‘‘SEC. 2219. CYBERSECURITY ADVISORY COM-
(1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- (A) bridge the gap between knowledge ac- MITTEE.’’; and
ble individual’’ means an individual who is— quisition and skills application for partici- (F) in section 2217 (6 U.S.C. 665f; relating to
(A) a member of the Armed Forces pants; and Cybersecurity Education and Training Pro-
transitioning from service in the Armed (B) give participants the experience nec- grams), by amending the section enumerator
Forces to civilian life; or essary to pursue Federal employment. and heading to read as follows:
(B) a veteran. (f) RESOURCES.— ‘‘SEC. 2220. CYBERSECURITY EDUCATION AND
(2) PORTABLE CREDENTIAL.—The term (1) IN GENERAL.—In any case in which the TRAINING PROGRAMS.’’.
‘‘portable credential’’— pilot program established under subsection (2) CONSOLIDATED APPROPRIATIONS ACT,
(A) means a documented award by a re- (b)— 2021.—Paragraph (1) of section 904(b) of divi-
sponsible and authorized entity that has de- (A) uses a program of the Department of sion U of the Consolidated Appropriations
termined that an individual has achieved Veterans Affairs or platforms and frame- Act, 2021 (Public Law 116–260) is amended, in
specific learning outcomes relative to a works described in subsection (e)(1), the Sec- the matter preceding subparagraph (A), by
given standard; and retary of Veterans Affairs shall take such ac- inserting ‘‘of 2002’’ after ‘‘Homeland Security
(B) includes a degree, diploma, license, cer- tions as may be necessary to ensure that Act’’.
tificate, badge, and professional or industry those programs, platforms, and frameworks (b) CLERICAL AMENDMENT.—The table of
certification that— are expanded and resourced to accommodate contents in section 1(b) of the Homeland Se-
(i) has value locally and nationally in labor usage by eligible individuals participating in curity Act of 2002 is amended by striking the
ctelli on DSK11ZRN23PROD with HOUSE
markets, educational systems, or other con- the pilot program; or items relating to sections 2214 through 2217
texts; (B) does not use a program of the Depart- and inserting the following new items:
(ii) is defined publicly in such a way that ment of Veterans Affairs or platforms and ‘‘Sec. 2214. National Asset Database.
allows educators, employers, and other indi- frameworks described in subsection (e)(1), ‘‘Sec. 2215. Duties and authorities relating
viduals and entities to understand and verify the Secretary of Veterans Affairs shall take to .gov internet domain.
the full set of skills represented by the cre- such actions as may be necessary to develop ‘‘Sec. 2216. Joint cyber planning office.
dential; and or procure programs, platforms, and frame- ‘‘Sec. 2217. Cybersecurity State Coordinator.
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4895
‘‘Sec. 2218. Sector Risk Management Agen- (III) Executive Order No. 13818. Higher Education Act of 1965 (20 U.S.C.
cies. (2) FORM OF REPORT.—The report required 1061(2))).
‘‘Sec. 2219. Cybersecurity Advisory Com- under paragraph (1) shall be submitted in un- Page 65, strike lines 6 through 8 and insert
mittee. classified form but may contain a classified the following:
‘‘Sec. 2220. Cybersecurity Education and annex. (A) a historically black college or univer-
Training Programs. (b) WAIVER.—The Secretary of the Treas- sity; or
‘‘Sec. 2220A. Apprenticeship program.’’. ury may waive the requirements of sub- AMENDMENT NO. 47 OFFERED BY MR. ARRINGTON
AMENDMENT NO. 43 OFFERED BY MS. section (a) with respect to a foreign financial OF TEXAS
SPANBERGER OF VIRGINIA institution described in paragraph (1)(B) of At the end of subtitle E of title I, add the
In title LI of division E, after section 5105, such subsection— following new section:
insert the following: (1) upon receiving credible assurances that SEC. 1ll. BRIEFING ON MILITARY TYPE CER-
SEC. 5106. CHINA FINANCIAL THREAT MITIGA- the foreign financial institution has ceased, TIFICATIONS FOR AIRCRAFT.
TION. or will imminently cease, to knowingly con- (a) BRIEFING REQUIRED.—Not later than
(a) REPORT.—The Secretary of the Treas- duct any significant transaction or trans- April 30, 2022, the Secretary of the Air Force,
ury shall conduct a study and issue a report actions, directly or indirectly, for a person or the Secretary’s designee, shall provide to
that includes a description and analysis of described in clause (i) or (ii) of such subpara- the congressional defense committees a
any risks to the financial stability of the graph (B); or briefing on the process for evaluating and
United States and the global economy ema- (2) upon certifying to the Committees on granting military type certifications for air-
nating from the People’s Republic of China, Financial Services and Foreign Affairs of the craft.
along with any recommendations to the House of Representatives and the Commit- (b) ELEMENTS.—The briefing under sub-
United States representatives at the Inter- tees on Banking, Housing, and Urban Affairs section (a) shall include a detailed overview
national Monetary Fund and the Financial and Foreign Relations of the Senate that the of the process for granting military type cer-
Stability Board to strengthen international waiver is important to the national interest tifications for aircraft, including the fol-
cooperation to monitor and mitigate such fi- of the United States, with an explanation of lowing:
nancial stability risks through the work of the reasons therefor. (1) The evaluation criteria used for deter-
the International Monetary Fund and the Fi- (c) DEFINITIONS.—For purposes of this sec- mining the suitability of an aircraft to re-
nancial Stability Board. tion: ceive a military type certification, including
(b) TRANSMISSION OF REPORT.—The Sec- (1) FINANCIAL INSTITUTION.—The term ‘‘fi- the threshold requirements for obtaining
retary of the Treasury shall transmit the re- nancial institution’’ means a United States such a certification.
port required under subsection (a) no later financial institution or a foreign financial (2) Whether commercially available data is
than December 31, 2022, to the Committee on institution. used as part of the evaluation process, and if
Financial Services of the House of Rep- (2) FOREIGN FINANCIAL INSTITUTION.—The commercially available data is not used, an
resentatives, the Committee on Banking, term ‘‘foreign financial institution’’ has the explanation of the reasons such data is not
Housing, and Urban Affairs of the Senate, meaning given that term under section used.
the United States Executive Director at the 561.308 of title 31, Code of Federal Regula- (3) The list of aircraft granted military
International Monetary Fund, and any per- tions. type certifications over the past 10 years.
son representing the United States at the Fi- (3) KNOWINGLY.—The term ‘‘knowingly’’ (4) The national security implications
nancial Stability Board. with respect to conduct, a circumstance, or a taken into account when determining the
(c) PUBLICATION OF REPORT.—The Sec- result, means that a person has actual suitability of an aircraft for a military type
retary of the Treasury shall publish the re- knowledge, or should have known, of the certification.
port required under subsection (a) on the conduct, the circumstance, or the result. (c) FORM.—The briefing under subsection
website of the Department of the Treasury (4) UNITED STATES FINANCIAL INSTITUTION.— (a) shall be submitted in unclassified format
no later than December 31, 2022. The term ‘‘United States financial institu- but may include a classified annex.
AMENDMENT NO. 44 OFFERED BY MR. tion’’ has the meaning given the term ‘‘U.S. (d) SUBMITTAL OF MATERIALS.—The Sec-
GOTTHEIMER OF NEW JERSEY financial institution’’ under section 561.309 of retary of the Air Force shall deliver any ma-
title 31, Code of Federal Regulations. terials relevant to the briefing to the con-
In title LI, add at the end the following:
(d) SUNSET.—The reporting requirement gressional defense committees before the
SEC. 5106. BANKING TRANSPARENCY FOR SANC-
TIONED PERSONS.
under this section shall terminate on the date of the briefing.
(a) REPORT ON FINANCIAL SERVICES BENE- date that is the end of the 7-year period be- AMENDMENT NO. 48 OFFERED BY MR. ARRINGTON
FITTING STATE SPONSORS OF TERRORISM,
ginning on the date of the enactment of this OF TEXAS
HUMAN RIGHTS ABUSERS, AND CORRUPT OFFI- Act. At the end of subtitle A of title XIII, add
CIALS.— AMENDMENT NO. 45 OFFERED BY MS. ADAMS OF the following:
(1) IN GENERAL.—Not later than 180 days NORTH CAROLINA SEC. 1304. REPORT RELATING TO NORDSTREAM 2
after the date of the enactment of this Act, Page 389, line 12, insert ‘‘status as a nurs- PIPELINE.
and every 180 days thereafter, the Secretary ing mother,’’ after ‘‘pregnancy,’’. (a) IN GENERAL.—Not later than 180 days
of the Treasury shall issue a report to the AMENDMENT NO. 46 OFFERED BY MS. ADAMS OF after the date of enactment of this Act, the
Committees on Financial Services and For- NORTH CAROLINA Secretaries of Defense and State shall joint-
eign Affairs of the House of Representatives ly submit to the appropriate congressional
Page 61, line 2, by inserting ‘‘, including
and the Committees on Banking, Housing, committees a report that includes—
physical infrastructure,’’ after ‘‘capability’’.
and Urban Affairs and Foreign Relations of Page 61, line 7, insert ‘‘(including histori- (1) a descriptions of the hard currency and
the Senate that includes— cally black colleges and universities)’’ after other financial benefits the Russian Federa-
(A) a copy of any license issued by the Sec- ‘‘institutions’’. tion will obtain through the operation of the
retary in the preceding 180 days that author- Page 61, after line 12, insert the following Nordstream 2 Pipeline; and
izes a financial institution to provide finan- new paragraph and redesignate the suc- (2) an analysis of the security risks of a
cial services benefitting a state sponsor of ceeding paragraph accordingly: completed pipeline to Ukraine, our European
terrorism; and (3) CONSULTATION.—In developing the plan allies and partners, and the NATO alliance.
(B) a list of any foreign financial institu- under paragraph (1), the Secretary shall con- (b) FORM.—The report required by sub-
tions that, in the preceding 180 days, know- sult with the following: section (a) shall be submitted in unclassified
ingly conducted a significant transaction or (A) The Secretary of Education. form, but may include a classified annex. It
transactions, directly or indirectly, for a (B) The Secretary of Agriculture. shall also be publicly available on a website
sanctioned person included on the Depart- (C) The Secretary of Energy. operated by the Federal government.
ment of the Treasury’s Specially Designated (c) APPROPRIATE CONGRESSIONAL COMMIT-
(D) The Administrator of the National Aer-
Nationals And Blocked Persons List who— TEES DEFINED.—In this section, the term
onautics and Space Administration.
(i) is owned or controlled by, or acts on be- ‘‘appropriate congressional committees’’
(E) The National Science Foundation.
half of, the government of a state sponsor of means—
(F) Such other organizations as the Sec-
terrorism; or (1) the Committee on Armed Services of
retary considers appropriate.
(ii) is designated pursuant to any of the the Senate;
Page 62, line 5, insert ‘‘HISTORICALLY
following: (2) the Committee on Armed Services of
BLACK COLLEGES AND UNIVERSITIES AND’’ be-
(I) Section 404 of the Russia and Moldova the House of Representatives;
fore ‘‘MINORITY INSTITUTIONS’’.
Jackson-Vanik Repeal and Sergei Magnitsky Page 63, line 1, insert ‘‘, including physical (3) the Committee on Foreign Relations of
the Senate; and
ctelli on DSK11ZRN23PROD with HOUSE
Rule of Law Accountability Act of 2012 (Pub- infrastructure,’’ after ‘‘capabilities’’.
lic Law 112208). Page 65, after line 4, insert the following (4) the Committee on Foreign Affairs of the
(II) Subtitle F of title XII of the National new paragraph and redesignate the suc- House of Representatives.
Defense Authorization Act for Fiscal Year ceeding paragraphs accordingly: AMENDMENT NO. 49 OFFERED BY MR.
2017 (Public Law 114–328, the Global (3) The term ‘‘historically black college or AUCHINCLOSS OF MASSACHUSETTS
Magnitsky Human Rights Accountability university’’ means a part B institution (as In title LI of division E, after section 5105,
Act). such term is defined in section 322(2) of the insert the following:
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H4896 CONGRESSIONAL RECORD — HOUSE September 22, 2021
SEC. 5106. DETERMINATION WITH RESPECT TO tion 1(a) of the Classified Information Proce- AMENDMENT NO. 52 OFFERED BY MR. BANKS OF
PRIMARY MONEY LAUNDERING CON- dures Act (18 U.S.C. App.), such information INDIANA
CERN OF AFGHAN ILLICIT FINANCE.
may be submitted by the Secretary to the re- Add at the end of title LX the following
(a) DETERMINATION.—If the Secretary of viewing court ex parte and in camera. This new section:
the Treasury determines that reasonable subsection does not confer or imply any SEC. llll. AUTHORITY OF PRESIDENT TO AP-
grounds exist for concluding that one or right to judicial review of any finding made POINT SUCCESSORS TO MEMBERS
more financial institutions operating outside or any requirement imposed under this sec- OF BOARD OF VISITORS OF MILI-
of the United States, or 1 or more classes of tion. TARY ACADEMIES WHOSE TERMS
transactions within, or involving, a jurisdic- (e) AVAILABILITY OF INFORMATION.—The ex- HAVE EXPIRED.
tion outside of the United States, or 1 or emptions from, and prohibitions on, search (a) UNITED STATES MILITARY ACADEMY.—
more types of accounts within, or involving, and disclosure provided in section 5319 of Section 7455(b) of title 10, United States
a jurisdiction outside of the United States is title 31, United States Code, shall apply to Code, is amended by striking ‘‘is appointed’’
of primary money laundering concern in con- any report or record of report filed pursuant and inserting ‘‘is appointed by the Presi-
nection with Afghan illicit finance, the Sec- to a requirement imposed under subsection dent’’.
retary of the Treasury may, by order, regula- (a) of this section. For purposes of section (b) UNITED STATES NAVAL ACADEMY.—Sec-
tion, or otherwise as permitted by law— 552 of title 5, United States Code, this sub- tion 8468(b) of title 10, United States Code, is
(1) require domestic financial institutions section shall be considered a statute de- amended by striking ‘‘is appointed’’ and in-
and domestic financial agencies to take 1 or scribed in subsection (b)(3)(B) of that sec- serting ‘‘is appointed by the President’’.
more of the special measures described in (c) UNITED STATES AIR FORCE ACADEMY.—
tion.
section 5318A(b) of title 31, United States Section 9455(b)(1) of title 10, United States
(f) PENALTIES.—The penalties provided for
Code; or Code, is amended by striking ‘‘is designated’’
in sections 5321 and 5322 of title 31, United
(2) prohibit, or impose conditions upon, and inserting ‘‘is designated by the Presi-
States Code, that apply to violations of spe-
certain transmittals of funds (to be defined dent’’.
cial measures imposed under section 5318A of (d) UNITED STATES COAST GUARD ACAD-
by the Secretary) involving any domestic fi- title 31,United States Code, shall apply to
nancial institution or domestic financial EMY.—Section 1903(b)(2)(B) of title 14, United
violations of any order, regulation, special States Code, is amended by striking ‘‘is ap-
agency, if such transmittal of funds involves measure, or other requirement imposed
any such institution, class of transaction, or pointed’’ and inserting ‘‘is appointed by the
under subsection (a) of this section, in the President’’.
type of account. same manner and to the same extent as de-
(b) REPORT REQUIRED.— AMENDMENT NO. 53 OFFERED BY MR. BARR OF
scribed in sections 5321 and 5322.
(1) IN GENERAL.—Not later than 1 year after (g) INJUNCTIONS.—The Secretary of the KENTUCKY
the date of enactment of this Act, the Sec- Treasury may bring a civil action to enjoin Add at the end of subtitle E of title XII of
retary of the Treasury shall submit to the a violation of any order, regulation, special division A the following:
Committees on Financial Services and For- measure, or other requirement imposed SEC. 12ll. REPORT ON INTELLIGENCE MATTERS
eign Affairs of the House of Representatives under subsection (a) of this section in the REGARDING TAIWAN.
and the Committees on Banking, Housing, same manner and to the same extent as de- (a) IN GENERAL.—Consistent with section
and Urban Affairs and Foreign Relations of scribed in section 5320 of title 31, United 3(c) of the Taiwan Relations Act (Public Law
the Senate a report that shall identify any States Code. 96–8; 22 U.S.C. 3302(c)), and consistent with
additional regulations, statutory changes, the protection of intelligence sources and
AMENDMENT NO. 50 OFFERED BY MR.
enhanced due diligence, and reporting re- methods, not later than 180 days after the
AUCHINCLOSS OF MASSACHUSETTS
quirements that are necessary to better date of the enactment of this Act, the Direc-
identify, prevent, and combat money laun- Page 868, after line 10, insert the following tor of National Intelligence, in consultation
dering linked to Afghanistan, including re- (and redesignate the subsequent subsections with the Secretary of Defense, shall submit
lated to— accordingly): to the congressional defense committees, the
(e) OBTAINING OFFICIAL DATA.— Permanent Select Committee on Intelligence
(A) identifying the beneficial ownership of
(1) IN GENERAL.—The Commission may se- and the Committee on Foreign Affairs of the
anonymous companies;
cure directly from any Federal department House of Representatives, and the Select
(B) strengthening current, or enacting
or agency information, including, consistent Committee on Intelligence and the Com-
new, reporting requirements and customer
with the obligation to protect intelligence mittee on Foreign Relations of the Senate a
due diligence requirements for sectors and
sources and methods, information in the pos- report on any—
entities that support illicit financial activ-
session of the intelligence community, that (1) influence operations conducted by
ity related to Afghanistan; and
is necessary to enable it to carry out its pur- China to interfere in or undermine peace and
(C) enhanced know-your-customer proce-
poses and functions under this section. Upon stability of the Taiwan Strait and the Indo-
dures and screening for transactions involv-
request of the chair of the Commission, the Pacific region; and
ing Afghan political leaders, Afghan state-
chair of any subcommittee created by a ma- (2) efforts by the United States to work
owned or -controlled enterprises, and known
jority of the Commission, or any member with Taiwan to disrupt such operations.
Afghan transnational organized crime fig-
designated by a majority of the Commission, (b) ELEMENTS.—The report required by sub-
ures.
the head of such department or agency shall section (a) shall include the following:
(2) FORMAT.—The report required under
furnish such information to the Commission. (1) A description of any significant efforts
this subsection shall be made available to
(2) RECEIPT, HANDLING, STORAGE, AND DIS- by the intelligence community (as such term
the public, including on the website of the
SEMINATION.—Information shall only be re- is defined in section 3(4) of the National Se-
Department of the Treasury, but may con-
ceived, handled, stored, and disseminated by curity Act of 1947 (50 U.S.C. 3003(4))) to co-
tain a classified annex and be accompanied
members of the Commission and its staff ordinate technical and material support for
by a classified briefing.
(c) SENSE OF CONGRESS ON INTERNATIONAL consistent with all applicable statutes, regu- Taiwan to identify, disrupt, and combat in-
COOPERATION.—It is the sense of the Congress lations, and Executive orders. fluence operations referred to in subsection
that the Secretary of the Treasury and other AMENDMENT NO. 51 OFFERED BY MR. BAIRD OF (a)(1).
relevant cabinet members (such as the Sec- INDIANA (2) A description of any efforts by the
retary of State, Secretary of Homeland Secu- At the end of subtitle B of title II, add the United States Government to build the ca-
rity, and Attorney General) should work following new section: pacity of Taiwan to disrupt external efforts
jointly with European, E.U., and U.K. finan- SEC. 2ll. FUNDING FOR HYPERSONICS AD- that degrade its free and democratic society.
cial intelligence units, trade transparency VANCED MANUFACTURING. (3) An assessment to achieve measurable
units, and appropriate law enforcement au- (a) IN GENERAL.—Of the funds authorized progress in enhancing the intelligence com-
thorities to present, both in the report re- to be appropriated by section 201 for re- munity’s cooperation with Taiwan, including
quired under subsection (b) and in future search, development, test, and evaluation, through—
analysis of suspicious transaction reports, Defense-wide, as specified in the cor- (A) development of strategies to engage
cash transaction reports, currency and mon- responding funding table in section 4201, for Taiwan in the discussions of United States-
etary instrument reports, and other relevant advanced technology development for the leading intelligence forums or dialogues;
data to identify trends and assess risks in Defense-wide manufacturing science and (B) an evaluation of the feasibility of co-
the movement of illicit funds from Afghani- technology program, line 050 (PE0603680D8Z), operating with Taiwan in the Mandarin lan-
stan through the United States, British, and $15,000,000 is authorized to be used in support guage education and training for the United
European financial systems. of hypersonics advanced manufacturing. States’ intelligence community through the
(d) CLASSIFIED INFORMATION.—In any judi- (b) OFFSET.—Notwithstanding the amounts Foreign Language Incentive Program and
ctelli on DSK11ZRN23PROD with HOUSE
cial review of a finding of the existence of a set forth in the funding tables in division D, programs under the Intelligence Language
primary money laundering concern, or of the the amount authorized to be appropriated in Institute; and
requirement for 1 or more special measures section 301 for operation and maintenance, (C) implementing steps to increase ex-
with respect to a primary money laundering Space Force, as specified in the cor- changes and mutual visits between the intel-
concern made under this section, if the des- responding funding table in section 4301, for ligence communities of the United States
ignation or imposition, or both, were based contractor logistics and system support, line and Taiwan at all levels in accordance with
on classified information (as defined in sec- 080, is hereby reduced by $15,000,000. the Taiwan Travel Act (Public Law 115–135)
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4897
(c) FORM.—The report required by sub- (H) is an instrumental partner in the eco- (b) UPON DISCHARGE.—The Secretary of
section (a) shall be submitted in unclassified nomic development efforts along the Los An- Homeland Security, acting through the Di-
form, but may include a classified annex. geles waterfront by attracting hundreds of rector of U.S. Citizenship and Immigration
AMENDMENT NO. 54 OFFERED BY MR. BARR OF thousands of visitors annually and improv- Services, and in coordination with the Sec-
KENTUCKY ing the quality of life for area residents; and retary of Defense, shall provide to every
At the end of subtitle C of title VII, add (I) provides a safe place for— former member of the Armed Forces, upon
the following new section: (i) veteran engagement and reintegration separation from the Armed Forces, an ade-
SEC. 7ll. PILOT PROGRAM ON SLEEP APNEA into the community through programs and quate notice of that former member’s op-
AMONG NEW RECRUITS. activities that provide a sense of belonging tions for naturalization under title III of the
(a) PILOT PROGRAM.—The Secretary of De- to members of the Armed Forces and vet- Immigration and Nationality Act (8 U.S.C.
fense, acting through the Defense Health erans; and 1401 et seq.), and shall inform the former
Agency, shall carry out a pilot program to (ii) proud Americans to come together in member of existing programs and services
determine the prevalence of sleep apnea common purpose to highlight the importance that may aid in the naturalization process.
among members of the Armed Forces as- of service to community for the future of the The Secretary shall issue along with this no-
signed to initial training. United States. tice a copy of each form required for natu-
(b) PARTICIPATION.— (5) In January 2019, the Pacific Battleship ralization. When appropriate, the Secretary
(1) MEMBERS.—The Secretary shall ensure Center received a license for the rights of the of Defense shall provide the former member,
that the number of members who participate National Museum of the Surface Navy from at no expense to the former member, with
in the pilot program under subsection (a) is the Navy for the purpose of building such the certification described in section
sufficient to collect statistically significant museum aboard the Battleship IOWA at the 329(b)(3) of such Act (8 U.S.C. 1440(b)(3)).
data for each military department. Port of Los Angeles. AMENDMENT NO. 57 OFFERED BY MRS. BEATTY
(2) SPECIAL RULE.—The Secretary may not (6) The National Museum of the Surface OF OHIO
disqualify a member from service in the Navy will—
Armed Forces by reason of the member being In title LI of division E, after section 5105,
(A) be the official museum to honor mil-
diagnosed with sleep apnea pursuant to the insert the following:
lions of Americans who have proudly served
pilot program under subsection (a). SEC. 5106. STUDY AND REPORT ON HOUSING AND
and continue to serve in the Surface Navy SERVICE NEEDS OF SURVIVORS OF
AMENDMENT NO. 55 OFFERED BY MS. BARRAGÁN since the founding of the Navy on October 13, TRAFFICKING AND INDIVIDUALS AT
OF CALIFORNIA 1775; RISK FOR TRAFFICKING.
At the end of subtitle G of title X, add the (B) be a community-based and future-ori- (a) DEFINITIONS.—In this section:
following new section: ented museum that will raise awareness and (1) SURVIVOR OF A SEVERE FORM OF TRAF-
SEC. ll. NATIONAL MUSEUM OF THE SURFACE educate the public on the important role of FICKING.—The term ‘‘survivor of a severe
NAVY. the Surface Navy in ensuring international form of trafficking’’ has the meaning given
(a) FINDINGS.—Congress makes the fol- relations, maintaining safe sea transit for the term ‘‘victim of a severe form of traf-
lowing findings: free trade, preventing piracy, providing hu- ficking’’ in section 103 of the Trafficking
(1) The United States Surface Navy rep- manitarian assistance, and enhancing the Victims Protection Act of 2000 (22 U.S.C.
resents the millions of sailors and thousands role of the United States throughout the 7102).
of ships that sail on oceans around the world world; (2) SURVIVOR OF TRAFFICKING.—The term
to ensure the safety and freedom of Ameri- (C) build on successes of the Battleship ‘‘survivor of trafficking’’ has the meaning
cans and all people. IOWA Museum by introducing new exhibits given the term ‘‘victim of trafficking’’ in
(2) The Battleship IOWA is an iconic Sur- and programs with a focus on education, vet- section 103 of the Trafficking Victims Pro-
face Navy vessel that— erans, and community; tection Act of 2000 (22 U.S.C. 7102).
(A) served as home to hundreds of thou- (D) borrow and exhibit artifacts from the (b) STUDY.—
sands of sailors from all 50 States; and Navy and other museums and individuals (1) IN GENERAL.—The United States Inter-
(B) is recognized as a transformational feat throughout the United States; and agency Council on Homelessness shall con-
of engineering and innovation. (E) work with individuals from the Surface duct a study assessing the availability and
(3) In 2012, the Navy donated the Battleship Navy community and the public to ensure accessibility of housing and services for indi-
IOWA to the Pacific Battleship Center, a that the story of the Surface Navy commu- viduals experiencing homelessness or hous-
nonprofit organization pursuant to section nity is accurately interpreted and rep- ing instability who are—
501(c)(3) of the Internal Revenue Code of 1986, resented. (A) survivors of trafficking, including sur-
after which the Center established the Bat- (b) DESIGNATION.— vivors of severe forms of trafficking; or
tleship IOWA Museum at the Port of Los An- (1) IN GENERAL.—The Battleship IOWA Mu- (B) at risk of being trafficked.
geles in Los Angeles, California. seum, located in Los Angeles, California, and (2) COORDINATION AND CONSULTATION.—In
(4) The Battleship IOWA Museum is a mu- managed by the Pacific Battleship Center,
seum and educational institution that— conducting the study required under para-
shall be designated as the ‘‘National Museum graph (1), the United States Interagency
(A) has welcomed millions of visitors from of the Surface Navy’’.
across the United States and receives sup- Council on Homelessness shall—
(2) PURPOSES.—The purposes of the Na- (A) coordinate with—
port from thousands of Americans through- tional Museum of the Surface Navy shall be
out the United States to preserve the legacy (i) the Interagency Task Force to Monitor
to— and Combat Trafficking established under
of those who served on the Battleship IOWA (A) provide and support—
and all Surface Navy ships; section 105 of the Trafficking Victims Pro-
(i) a museum dedicated to the United tection Act of 2000 (22 U.S.C. 7103);
(B) is home to Los Angeles Fleet Week, States Surface Navy community; and
which has the highest public engagement of (ii) the United States Advisory Council on
(ii) a platform for education, community, Human Trafficking;
any Fleet Week in the United States and and veterans programs;
raises awareness of the importance of the (iii) the Secretary of Housing and Urban
(B) preserve, maintain, and interpret arti- Development;
Navy to defending the United States, main- facts, documents, images, stories, and his-
taining safe sea lanes, and providing humani- (iv) the Secretary of Health and Human
tory collected by the museum; and Services; and
tarian assistance; (C) ensure that the American people under-
(C) hosts numerous military activities, in- (v) the Attorney General; and
stand the importance of the Surface Navy in (B) consult with—
cluding enlistments, re-enlistments, the continued freedom, safety, and security
commissionings, promotions, and commu- (i) the National Advisory Committee on
of the United States. the Sex Trafficking of Children and Youth in
nity service days, with participants from
throughout the United States; AMENDMENT NO. 56 OFFERED BY MS. BARRAGÁN the United States;
(D) is a leader in museum engagement with OF CALIFORNIA (ii) survivors of trafficking;
innovative exhibits, diverse programming, Page 429, after line 7, insert the following: (iii) direct service providers, including—
and use of technology; SEC. 559I. NOTICE PROGRAM RELATING TO OP- (I) organizations serving runaway and
(E) is an on-site training platform for Fed- TIONS FOR NATURALIZATION. homeless youth;
eral, State, and local law enforcement per- (a) UPON ENLISTMENT.—Every military re- (II) organizations serving survivors of traf-
sonnel to use for a variety of training exer- cruiter or officer overseeing an enlistment ficking through community-based programs;
cises, including urban search and rescue and shall provide to every recruit proper notice and
maritime security exercises; of that recruit’s options for naturalization (III) organizations providing housing serv-
(F) is a partner with the Navy in carrying under title III of the Immigration and Na- ices to survivors of trafficking; and
ctelli on DSK11ZRN23PROD with HOUSE
out Defense Support of Civil Authorities ef- tionality Act (8 U.S.C. 1401 et seq.), and shall (iv) housing and homelessness assistance
forts by supporting training exercises and re- inform the recruit of existing programs or providers, including recipients of grants
sponses to crises, including the COVID–19 services that may aid in the recruit’s natu- under—
pandemic; ralization process, including directing the (I) the continuum of care program author-
(G) is a science, technology, engineering, recruit to the Judge Advocate General or ized under subtitle C of title IV of the
and mathematics education platform for other designated point-of-contact for natu- McKinney-Vento Homeless Assistance Act
thousands of students each year; ralization. (42 U.S.C. 11381 et seq.); and
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H4898 CONGRESSIONAL RECORD — HOUSE September 22, 2021
(II) the Emergency Solutions Grants Pro- (2) if nominated by the President, on the (b) FORM OF REPORT.—The report required
gram authorized under subtitle B of title IV Board of Directors of the Coalition, as a rep- by subsection (a) shall be classified, but it
of the McKinney-Vento Homeless Assistance resentative of the United States. may include an unclassified summary, if the
Act (42 U.S.C. 11371 et seq.). (c) REPORTS TO CONGRESS.—Not later than Secretary of Defense determines it appro-
(3) CONTENTS.—The study conducted under 180 days after the date of the enactment of priate.
paragraph (1) shall include— this Act, the President shall submit to the AMENDMENT NO. 60 OFFERED BY MR. BERA OF
(A) with respect to the individuals de- appropriate congressional committees a re- CALIFORNIA
scribed in that paragraph— port that includes the following: Add at the end of subtitle B of title XII the
(i) an evaluation of formal assessments and (1) The United States planned contribu- following:
outreach methods used to identify and assess tions to the Coalition and the mechanisms SEC. 12lll. JOINT REPORT ON USING THE SYN-
the housing and service needs of those indi- for United States participation in such Coa- CHRONIZED PREDEPLOYMENT AND
viduals, including outreach methods to— lition. OPERATIONAL TRACKER (SPOT)
(I) ensure effective communication with (2) The manner and extent to which the DATABASE TO VERIFY AFGHAN SIV
individuals with disabilities; and United States shall participate in the gov- APPLICANT INFORMATION.
(II) reach individuals with limited English ernance of the Coalition. (a) IN GENERAL.—Not later than 120 days
proficiency; (3) How participation in the Coalition sup- after the date of the enactment of this Act,
(ii) a review of the availability and accessi- ports relevant United States Government the Secretary of Defense and the Secretary
bility of homelessness or housing services for strategies and programs in health security of Sate shall submit to appropriate congres-
those individuals, including the family mem- and biodefense, including— sional committees a joint report on the use
bers of those individuals who are minors in- (A) the Global Health Security Strategy of the Department of Defense Synchronized
required by section 7058(c)(3) of division K of Predeployment and Operational Tracker
volved in foster care systems, that identifies
the Consolidated Appropriations Act, 2018 database (in this section referred to as the
the disability-related needs of those individ-
‘‘SPOT database’’) to verify the existence of
uals, including the need for housing with ac- (Public Law 115–141);
Department of Defense contracts and Afghan
cessibility features; (B) the applicable revision of the National
biographic data for Afghan special immi-
(iii) the effect of any policies and proce- Biodefense Strategy required by section 1086
grant visa applicants.
dures of mainstream homelessness or hous- of the National Defense Authorization Act (b) ELEMENTS OF JOINT REPORT.—The joint
ing services that facilitate or limit the avail- for Fiscal Year 2017 (6 U.S.C. 104); and report required under subsection (a) shall—
ability of those services and accessibility for (C) any other relevant decision-making (1) evaluate the improvements in the spe-
those individuals, including those individ- process for policy, planning, and spending in cial immigrant visa process following the
uals who are involved in the legal system, as global health security, biodefense, or vaccine use of the SPOT database to verify special
those services are in effect as of the date on and medical countermeasures research and immigrant visa applications, including the
which the study is conducted; development. extent to which use of SPOT expedited spe-
(iv) an identification of best practices in (d) UNITED STATES CONTRIBUTIONS.— cial immigrant visa processing, reduced the
meeting the housing and service needs of Amounts authorized to be appropriated risk of fraudulent documents, and the extent
those individuals; and under chapters 1 and 10 of part I and chapter to which the SPOT database could be used
(v) an assessment of barriers to fair hous- 4 of part II of the Foreign Assistance Act of for future special immigrant visa programs;
ing and housing discrimination against sur- 1961 (22 U.S.C. 2151 et seq.) are authorized to (2) identify obstacles that persisted in doc-
vivors of trafficking who are members of a be made available for United States con- umenting the identity and employment of lo-
protected class under the Fair Housing Act tributions to the Coalition. cally employed staff and contractors after
(42 U.S.C. 3601 et seq.); (e) APPROPRIATE CONGRESSIONAL COMMIT-
the use of the SPOT database in the special
(B) an assessment of the ability of main- TEES.—In this section, the term ‘‘appropriate
immigrant visa process; and
stream homelessness or housing services to congressional committees’’ means—
(3) recommend best practices from the
meet the specialized needs of survivors of (1) the Committee on Foreign Affairs and
SPOT database that could be used to imple-
trafficking, including trauma responsive ap- the Committee on Appropriations of the
ment a centralized interagency database of
proaches specific to labor and sex trafficking House of Representatives; and
information related to personnel conducting
survivors; and (2) the Committee on Foreign Relations
work on executive agency contracts, grants,
(C) an evaluation of the effectiveness of, and the Committee on Appropriations of the
or cooperative agreements that can be used
and infrastructure considerations for, hous- Senate.
to adjudicate special immigrant visas.
ing and service-delivery models that are spe- AMENDMENT NO. 59 OFFERED BY MR. BERA OF (c) CONSULTATION.—For the purposes of
cific to survivors of trafficking, including CALIFORNIA preparing the joint report required under
survivors of severe forms of trafficking, in- At the appropriate place in subtitle E of this section, the Secretary of Defense and
cluding emergency rental assistance models. title XII, insert the following: the Secretary of State shall consult with the
(c) REPORT.—Not later than 1 year after SEC. lll. SUPPORTING TAIWAN’S INVESTMENT Administrator of the United States Agency
the date of enactment of this Act, the United IN ASYMMETRIC CAPABILITIES. for International Development and the Sec-
States Interagency Council on Homelessness (a) IN GENERAL.—No later than 180 days retary of Homeland Security.
shall— following enactment of this Act, the Sec- (d) APPROPRIATE CONGRESSIONAL COMMIT-
(1) submit to the Committee on Banking, retary of Defense, in consultation with the TEES DEFINED.—In this section, the term
Housing, and Urban Affairs of the Senate and Secretary of State, shall submit to the ap- ‘‘appropriate congressional committees’’
the Committee on Financial Services of the propriate congressional committees a report means the Committees on Armed Services of
House of Representatives a report containing on options to support Taiwan’s defense budg- the Senate and House of Representatives, the
the information described in subparagraphs eting and procurement process in a manner Committee on Foreign Relations of the Sen-
(A) through (C) of subsection (b)(3); and ate, and the Committee on Foreign Affairs of
that facilitates sustained investment in ca-
(2) make the report submitted under para- the House of Representatives.
pabilities aligned with Taiwan’s asymmetric
graph (1) publicly available. defense strategy. The report shall include AMENDMENT NO. 61 OFFERED BY MR. BIGGS OF
the following: ARIZONA
AMENDMENT NO. 58 OFFERED BY MR. BERA OF
(1) A review of technical advisory options Add at the end of subtitle C of title XII of
CALIFORNIA
for enhancing defense budgeting across Tai- division A the following:
At the appropriate place in title LX of di- wan’s military services in Taiwan that is SEC. 13ll. SENSE OF CONGRESS REGARDING
vision E, insert the following: aligned with Taiwan’s asymmetric defense ISRAEL.
SEC. lll. AUTHORIZATION FOR UNITED strategy. It is the sense of Congress that—
STATES PARTICIPATION IN THE CO- (2) An evaluation of any administrative, (1) since 1948, Israel has been one of the
ALITION FOR EPIDEMIC PREPARED- institutional, or personnel barriers in the strongest friends and allies of the United
NESS INNOVATIONS. States;
United States or Taiwan to implementing
(a) IN GENERAL.—The United States is the options provided in paragraph (1). (2) Israel is a stable, democratic country in
hereby authorized to participate in the Coa- (3) An evaluation of the most appropriate a region often marred by turmoil;
lition for Epidemic Preparedness Innova- entities within the Department of Defense to (3) it is essential to the strategic interest
tions (‘‘Coalition’’). lead the options provided in paragraph (1). of the United States to continue to offer full
(b) DESIGNATION.—The President is author- (4) An evaluation of the appropriate enti- security assistance and related support to
ized to designate an employee of the relevant ties in Taiwan’s Ministry of National De- Israel; and
Federal department or agency providing the fense and its National Security Council to (4) such assistance and support is espe-
cially vital as Israel confronts a number of
ctelli on DSK11ZRN23PROD with HOUSE
majority of United States contributions to participate in options provided in paragraph
the Coalition, who should demonstrate (1). potential challenges at the present time, in-
knowledge and experience in the fields of de- (5) A description of additional personnel, cluding continuing threats from Iran.
velopment and public health, epidemiology, resources, and authorities in Taiwan or in AMENDMENT NO. 62 OFFERED BY MR. BILIRAKIS
or medicine, to serve— the United States that may be required to OF FLORIDA
(1) on the Investors Council of the Coali- execute the options provided in paragraph At the appropriate place in title LX of di-
tion; and (1). vision E, insert the following:
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4899
SEC. ll. SENSE OF CONGRESS ON ROLE OF ity included on the National Priorities List (4) recognize the incredibly unique and im-
HUMAN RIGHTS IN REDUCING VIO- pursuant to section 105 of the Comprehensive portant work of the Air Force Mortuary Af-
LENCE IN NIGERIA. Environmental Response, Compensation, and fairs Operations and the role they play in
It is the sense of Congress as follows: Liability Act of 1980 (42 U.S.C. 9605). honoring our fallen heroes.
(1) Violence committed by Boko Haram, Is- AMENDMENT NO. 65 OFFERED BY MS. BLUNT AMENDMENT NO. 66 OFFERED BY MS. BOURDEAUX
lamic State in West Africa Province, and ROCHESTER OF DELAWARE OF GEORGIA
other violent extremist groups is a grave
Add at the end of subtitle G of title X the At the end of subtitle E of title VIII, add
danger to the Nigerian people, to the broader
following new section: the following new section:
Lake Chad Basin region, and to the con-
SEC. 10ll. SENSE OF CONGRESS HONORING THE SEC. 8ll. REPORT ON IMPROVEMENTS TO PRO-
tinent. DOVER AIR FORCE BASE, DELA- CUREMENT TECHNICAL ASSISTANCE
(2) Frequent terrorist attacks on individ- WARE, HOME TO THE 436TH AIRLIFT PROGRAMS.
uals, churches, and communities in Nigeria WING, THE 512TH AIRLIFT WING, Not later than March 1, 2022, the Secretary
based on religious identity, ethnicity, or AND THE CHARLES C. CARSON CEN-
of Defense, in consultation with the Under
other affiliation is a serious violation of TER FOR MORTUARY AFFAIRS.
Secretary of Defense for Acquisition and
human rights. (a) FINDINGS.—Congress finds the fol-
Sustainment, shall submit to the congres-
(3) The United States Government should lowing:
sional defense committees a report on the
cooperate with Nigeria to better support the (1) The Dover Air Force Base is home to
status of the implementation of the fol-
Nigerian security forces capacity to respond more than 4,000 active-duty military and ci- lowing three recommendations set forth in
more effectively to terrorist attacks and sec- vilian employees tasked with defending the the report of the Government Accountability
tarian violence. United States of America. Office titled ‘‘Procurement Technical Assist-
(2) The Dover Air Force Base supports the ance Program: Opportunities Exist for DOD
AMENDMENT NO. 63 OFFERED BY MR.
mission of the th Airlift Wing, known as to Enhance Training and Collaboration’’
BLUMENAUER OF OREGON
‘‘Eagle Wing’’ and the 512th Airlift Wing, (GAO-21-287), dated March 31, 2021, to im-
At the end of subtitle B of title XXXI, add known as ‘‘Liberty Wing’’.
the following new section: prove procurement technical assistance pro-
(3) The ‘‘Eagle Wing’’ serves as a unit of grams established under chapter 142 of title
SEC. 31ll. DEPARTMENT OF ENERGY STUDY ON the Eighteenth Air Force headquartered
THE W80–4 NUCLEAR WARHEAD LIFE 10, United States Code:
with the Air Mobility Command at Scott Air (1) The Under Secretary of Defense for Ac-
EXTENSION PROGRAM.
Force Base in Illinois. (4) quisition and Sustainment should require
(a) DEPARTMENT OF ENERGY STUDY.—Not (4) The ‘‘Eagle Wing’’ flies hundreds of mis-
later than 30 days after the date of the enact- procurement technical assistance centers to
sions throughout the world, provides a quar- use the template developed by the Defense
ment of this Act, the Director for Cost Esti- ter of the United States’ strategic airlift ca-
mation and Program Evaluation shall con- Logistics Agency to help track fulfillment of
pability, and boasts a global reach to over training requirements.
duct a study on the W80–4 nuclear warhead 100 countries around the world.
life extension program. (2) The Under Secretary of Defense for Ac-
(5) The Dover Air Force Base hosts incred- quisition and Sustainment should reach an
(b) MATTERS INCLUDED.—The study under ible aircrews and aircraft utilized by the
subsection (a) shall include the following: agreement with the Association of procure-
United States Air Force, including the C–5M ment technical assistance centers to provide
(1) An explanation of the unexpected in- Super Galaxy and C–17A Globemaster III air-
crease in cost of the W80–4 nuclear warhead the Defense Logistics Agency with the aggre-
craft. gate results of proficiency tests adminis-
life extension program. (6) The recent Afghanistan airlift is testa-
(2) An analysis of— tered to measure the effectiveness of pro-
ment to the dedication and readiness of the curement technical assistance centers coun-
(A) the future costs of the program; and Dover Air Force Base aircrews and their air-
(B) schedule requirements. selor training.
craft. (3) The Under Secretary of Defense for Ac-
(3) An analysis of the impacts on other pro- (7) The Dover Air Force Base operates the
grams as a result of the additional funding quisition and Sustainment should work with
largest and busiest air freight terminal in Administrator of the Small Business Admin-
for W80–4, including— the Department of Defense, fulfilling an im-
(A) life-extension programs; istration to formalize a collaborative agree-
portant role in our Nation’s military. ment for procurement technical assistance
(B) infrastructure programs; and (8) The Air Mobility Command Museum is
(C) research, development, test, and eval- centers and small business development cen-
located on the Dover Air Force base and wel- ters (as defined under section 3 of the Small
uation programs. comes thousands of visitors each year to
(4) An analysis of the impacts that a delay Business Act (15 U.S.C. 632)) in relation to
learn more about the United States Air providing client services on government con-
of the program will have on other programs Force.
due to— tracting.
(9) The Charles C. Carson Center for Mor-
(A) technical or management challenges; AMENDMENT NO. 67 OFFERED BY MR. BRENDAN F.
tuary Affairs fulfills our Nation’s sacred
and BOYLE OF PENNSYLVANIA
commitment of ensuring dignity, honor, and
(B) changes in requirements for the pro- respect to the fallen and care service and At the end of subtitle B of title III, add the
gram. support to their families. following new section:
(c) SUBMISSION TO CONGRESS.—Not later (10) The recent events in Afghanistan SEC. 3ll. REVIEW OF AGREEMENTS WITH NON-
than 180 days after the date of the enactment DEPARTMENT ENTITIES WITH RE-
brought to the fore of public awareness the SPECT TO PREVENTION AND MITI-
of this Act, the Director shall submit to the work of the service members and staff of the
congressional defense committees the study GATION OF SPILLS OF AQUEOUS
Center for Mortuary Affairs. FILM-FORMING FOAM.
under subsection (a), without change. (11) While the recent tragedy that befell
(d) FORM.—The study under subsection (a) (a) REVIEW REQUIRED.—Not later than 180
our heroes in Afghanistan was the most re- days of after the date of the enactment of
shall be in unclassified form, but may in-
cent dignified transfer, it is important to not this Act, the Secretary of Defense shall com-
clude a classified annex.
forget that the Center for Mortuary Affairs plete a review of mutual support agreements
AMENDMENT NO. 64 OFFERED BY MR. has conducted over 8,150 dignified transfers entered into with non-Department of Defense
BLUMENAUER OF OREGON since September 11, 2001. entities (including State and local entities)
At the end of subtitle E of title X, insert (12) This sacred mission has been entrusted that involve fire suppression activities in
the following: to Dover Air Force Base since 1955 and the support of missions of the Department.
SEC. 10ll. REPORT ON WORLD WAR I AND KO- Center is currently the only Department of (b) MATTERS.—The review under subsection
REAN WAR ERA SUPERFUND FACILI- Defense mortuary in the continental United (a) shall assess, with respect to the agree-
TIES. States. ments specified in such subsection, the fol-
(a) IN GENERAL.—Not later than 180 days (13) Service members who serve at the Cen- lowing:
after the date of the enactment of this Act, ter for Mortuary Affairs are often so moved (1) The preventative maintenance guide-
the Secretary of Defense shall submit to by their work that they voluntarily elect to lines specified in such agreements for fire
Congress a report on active Superfund facili- serve multiple tours because they feel called trucks and fire suppression systems, to miti-
ties where a hazardous substance originated to serve our fallen heroes. gate the risk of equipment failure that may
from Department of Defense activities occur- (b) SENSE OF CONGRESS.—It is the sense of result in a spill of aqueous film-forming
ring between the beginning of World War I the Congress that the people of the United foam (in this section referred to as ‘‘AFFF’’).
and the end of the Korean War. Such report States should— (2) Any requirements specified in such
shall include a description of such Superfund (1) honor and express sincerest gratitude to agreements for the use of personal protective
facilities as well as any actions, planned ac- the women and men of the Dover Air Force equipment by personnel when conducting a
ctelli on DSK11ZRN23PROD with HOUSE
tions, communication with communities, Base for their distinguished service; material transfer or maintenance activity
and cooperation with relevant agencies, in- (2) acknowledge the incredible sacrifice pursuant to the agreement that may result
cluding the Environmental Protection Agen- and service of the families of active-duty in a spill of AFFF, or when conducting reme-
cy, carried out or planned to be carried out members of the United States military; diation activities for such a spill, including
by the Department of Defense. (3) keep in their thoughts and their prayers requirements for side-shield safety glasses,
(b) SUPERFUND FACILITY.—In this section, the women and men of the United States latex gloves, and respiratory protection
the term ‘‘Superfund facility’’ means a facil- Armed Forces; and equipment.
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H4900 CONGRESSIONAL RECORD — HOUSE September 22, 2021
(3) The methods by which the Secretary, or Acquisition Regulations Part 12, including a AMENDMENT NO. 72 OFFERED BY MS. BROWNLEY
the non-Department entity with which the description of the training, duration, perio- OF CALIFORNIA
Secretary has entered into the agreement, dicity, whether the training is optional or At the end of subtitle H of title V, add the
ensures compliance with guidance specified mandatory, and the date on which the train- following new section:
in the agreement with respect to the use of ing materials were last substantially revised.
SEC. 5ll. REDUCTION OF GENDER-RELATED IN-
such personal protective equipment. (2) An assessment of the currency of the EQUITIES IN COSTS OF UNIFORMS
(c) GUIDANCE.—Not later than 90 days after acquisition workforce in the training de- TO MEMBERS OF THE ARMED
the date on which the Secretary completes scribed in paragraph (2). FORCES.
the review under subsection (a), the Sec- (b) PUBLICATION.—The Undersecretary for (a) IMPLEMENTATION OF GAO RECOMMENDA-
retary shall issue guidance (based on the re- Acquisitions and Sustainment shall publish TIONS.—Not later than September 30, 2022,
sults of such review) on requirements to in- on an appropriate publicly available website the Secretary of Defense shall implement
clude under the agreements specified in such of the Department of Defense the report re- the four recommendations of the Govern-
subsection, to ensure the prevention and quired by subsection (a). ment Accountability Office in the report ti-
mitigation of spills of AFFF. Such guidance AMENDMENT NO. 70 OFFERED BY MR. BROWN OF tled ‘‘Military Service Uniforms DOD Could
shall include, at a minimum, best practices MARYLAND Better Identify and Address Out-of-Pocket
and recommended requirements to ensure At the end of subtitle C of title XXVIII, Cost Inequities’’ (GAO–21–120).
the following: add the following new section: (b) REGULATIONS.—Not later than Sep-
(1) The supervision by personnel trained in SEC. 28ll. INTERGOVERNMENTAL SUPPORT tember 30, 2022, each Secretary concerned (as
responding to spills of AFFF of each mate- AGREEMENTS FOR INSTALLATION- that term is defined in section 101 of title 10,
rial transfer or maintenance activity carried SUPPORT SERVICES. United States Code) shall prescribe regula-
out pursuant to such an agreement that may Section 2679(a)(3) of title 10, United States tions that ensure the following:
result in such a spill. Code, is amended by inserting before the pe- (1) The out-of-pocket cost to an officer or
(2) The use of containment berms and the riod at the end the following: ‘‘and the in- enlisted member of an Armed Force for a
covering of storm drains and catch basins by stallation-support services to be provided are uniform (or part of such uniform) may not
personnel performing maintenance activities not included on the procurement list of sec- exceed such cost to another officer or en-
pursuant to such an agreement in the vicin- tion 8503 of title 41’’. listed member of that Armed Force for such
ity of such drains or basins. AMENDMENT NO. 71 OFFERED BY MR. BROWN OF uniform (or part, or equivalent part, of such
(3) The storage of materials for the cleanup MARYLAND uniform) solely based on gender.
and containment of AFFF in close proximity At the end of subtitle C of title V, add the (2) If a change to a uniform of an Armed
to fire suppression systems in buildings of following new section: Force affects only officers or enlisted mem-
the Department and the presence of such ma- bers of one gender, an officer or enlisted
SEC. 5ll. REPORT ON DEMOGRAPHICS OF MILI-
terials during any transfer or activity speci- TARY POLICE AND SECURITY member of such gender in such Armed Force
fied in paragraph (1). FORCES CITATIONS. shall be entitled to an allowance equal to the
(d) BRIEFING.—Not later than 30 days after (a) IN GENERAL.—Not later than March 1 of out-of-pocket cost to the officer or enlisted
the date on which the Secretary issues the each year, the Secretary of Defense, in co- member relating to such change.
guidance under subsection (c), the Secretary ordination with each Secretary of a military (c) ONE-TIME ALLOWANCE.—Not later than
shall provide to the congressional defense department, shall submit to the congres- September 30, 2022, each Secretary concerned
committees a briefing that summarizes the sional defense committees a report on the may provide a one-time allowance to each fe-
results of the review conducted under sub- demographics of citations issued by the mili- male officer and female enlisted member
section (a) and the guidance issued under tary police and other security forces of each under the jurisdiction of the Secretary con-
subsection (c). Armed Force. cerned. The amount of such an allowance
AMENDMENT NO. 68 OFERRED BY MR. BROWN OF (b) ELEMENTS.—The report required by sub- shall be—
MARYLAND section (a) shall include each of the fol- (1) based on gender disparities in out-of-
lowing elements: pocket costs relating to uniforms (including
At the end of title LX, insert the following:
(1) The number of security citations issued the costs of changes to uniforms that af-
SEC. ll. TREATMENT OF PAYCHECK PROTEC-
TION PROGRAM LOAN FORGIVENESS
in each Armed Force in the preceding fiscal fected only one gender) during the 10 years
OF PAYROLL COSTS UNDER HIGH- year, disaggregated by— preceding the date of the enactment of this
WAY AND PUBLIC TRANSPORTATION (A) the offense for which the citation was Act; and
PROJECT COST REIMBURSEMENT issued; (2) proportional to the length of service of
CONTRACTS. (B) the race, gender, and ethnicity of the the officer or enlisted member in the Armed
(a) IN GENERAL.—Notwithstanding section individual who was issued the citation; and Forces.
31.201–5 of title 48, Code of Federal Regula- (C) the race, gender, and ethnicity of the (d) APPLICATION.—The allowances de-
tions (or successor regulations), for the pur- individual who issued the citation. scribed in subsections (b)(2) and (c) may not
poses of any cost-reimbursement contract (2) An assessment of any disparities in apply to an individual who has separated or
for architectural and engineering contracts race, gender, and ethnicity in citations retired, or been discharged or dismissed,
initially awarded in accordance with section issued to individuals in the preceding fiscal from the Armed Forces.
112 of title 23, United States Code, or section year. AMENDMENT NO. 73 OFFERED BY MS. BROWNLEY
5325(b) of title 49, United States Code, or any (3) An assessment of any disparities in OF CALIFORNIA
subcontract under such a contract, no cost race, gender, and ethnicity in citations
Page 481, after line 2, insert the following
reduction or cash refund shall be due to the issued by individuals in the preceding fiscal
new section:
Department of Transportation or to a State year, including consideration of the race,
SEC. 576. JUSTICE FOR WOMEN VETERANS.
transportation department, transit agency, gender, and ethnicity of the individual to
whom the citation was issued. (a) FINDINGS.—Congress finds the fol-
or other recipient of assistance under chap- lowing:
ter 1 of title 23, United States Code, or chap- (4) An assessment of any trends in dispari-
ties in race, gender, and ethnicity in cita- (1) In June 1948, Congress enacted the
ter 53 of title 49, United States Code, on the Women’s Armed Services Integration Act of
basis of forgiveness of the payroll costs of a tions over the preceding ten fiscal years.
(5) Actions taken in the preceding fiscal by 1948, which formally authorized the appoint-
covered loan, as defined in section 7A of the ment and enlistment of women in the reg-
Small Business Act (15 U.S.C. 636m), pursu- the Secretary of Defense and each Secretary
of a military department to address any dis- ular components of the Armed Forces.
ant to the provisions of such section. (2) With the expansion of the Armed Forces
(b) SUNSET.—This section shall expire on parities in race, gender, or ethnicity in cita-
tions issued to individuals. to include women, the possibility arose for
June 30, 2025.
(6) A plan to reduce any disparities in race, the first time that members of the regular
AMENDMENT NO. 69 OFFERED BY MR. BROWN OF components of the Armed Forces could be-
gender, or ethnicity in citations issued to in-
MARYLAND come pregnant.
dividuals during the fiscal year in which the
At the end of subtitle E of title VIII, add report is submitted. (3) The response to such possibilities and
the following new section: (c) PUBLICATION.—The Secretary of Defense actualities was Executive Order 10240, signed
SEC. 8ll. REPORT ON COMMERCIAL ITEM DE- shall— by President Harry S. Truman in 1951, which
TERMINATIONS. (1) publish on an appropriate publicly granted the Armed Forces the authority to
(a) IN GENERAL.—Not later than 180 days available website of the Department of De- involuntarily separate or discharge a woman
after enactment of this Act, the Undersecre- fense the reports required by subsection (a); if she became pregnant, gave birth to a child,
tary for Acquisitions and Sustainment shall and or became a parent by adoption or a step-
ctelli on DSK11ZRN23PROD with HOUSE
submit to the congressional defense commit- (2) ensure that any data included with each parent.
tees a report on commercial item determina- such report is made available in a machine- (4) The Armed Forces responded to the Ex-
tions containing the following: readable format that is downloadable, ecutive order by systematically discharging
(1) An accounting of the training available searchable, and sortable. any woman in the Armed Forces who became
for the acquisition workforce related to com- (d) TERMINATION.—The requirement under pregnant, regardless of whether the preg-
mercial item determinations and price rea- this section shall terminate on December 31, nancy was planned, unplanned, or the result
sonableness determinations under Federal 2026. of sexual abuse.
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4901
(5) Although the Armed Forces were re- (C) discrepancies in uniformity of such dis- have the meanings given those terms in sec-
quired to offer women who were involun- charges or separations; tion 8101 of the Elementary and Secondary
tarily separated or discharged due to preg- (D) how such discharges or separations af- Education Act of 1965 (20 U.S.C. 7801).
nancy the opportunity to request retention fected access of such women to health care (2) NATIVE AMERICAN LANGUAGES.—The
in the military, many such women were not and benefits through the Department of Vet- term ‘‘Native American languages’’ has the
offered such opportunity. erans Affairs; and meaning given the term in section 103 of the
(6) The Armed Forces did not provide re- (E) recommendations for improving access Native American Languages Act (25 U.S.C.
quired separation benefits, counseling, or as- of such women to resources through the De- 2902).
sistance to the members of the Armed Forces partment of Veterans Affairs. (3) SEAL OF BILITERACY PROGRAM.—The
who were separated or discharged due to (2) BRIEFING AND REPORT.— term ‘‘Seal of Biliteracy program’’ means
pregnancy. (A) BRIEFING.—Not later than 6 months any program described in section 4(a) that is
(7) Thousands of members of the Armed after the date of enactment of this Act, the established or improved, and carried out,
Forces were involuntarily separated or dis- Comptroller General shall brief the Commit- with funds received under this section.
charged from the Armed Forces as a result of tees on Armed Services and the Committees (4) SECOND LANGUAGE.—The term ‘‘second
pregnancy. on Veterans’ Affairs of the Senate and the language’’ means any language other than
(8) There are reports that the practice of House of Representatives on the study. English (or a Native American language,
the Armed Forces to systematically separate (B) REPORT.—Not later than 18 months pursuant to section 4(a)(2)), including
or discharge pregnant members caused some after the date of the enactment of this Act, Braille, American Sign Language, or a Clas-
such members to seek an unsafe or inacces- the Comptroller General shall submit a re- sical language.
sible abortion, which was not legal at the port to the Committees on Armed Services (5) SECRETARY.—The term ‘‘Secretary’’
time, or to put their children up for adop- and the Committees on Veterans’ Affairs of means the Secretary of Education.
tion, and that, in some cases, some women the Senate and the House of Representatives (c) GRANTS FOR STATE SEAL OF BILITERACY
died by suicide following their involuntary on the results of the study conducted under PROGRAMS.—
separation or discharge from the Armed paragraph (1). (1) ESTABLISHMENT OF PROGRAM.—
Forces. (A) IN GENERAL.—From amounts made
AMENDMENT NO. 74 OFFERED BY MS. BROWNLEY
(9) Such involuntary separation or dis- available under paragraph (6), the Secretary
OF CALIFORNIA
charge from the Armed Forces on the basis shall award grants, on a competitive basis,
At the end of title LX, add the following to States to enable the States to establish or
of pregnancy was challenged in Federal dis- new section: improve, and carry out, Seal of Biliteracy
trict court by Stephanie Crawford in 1975, SEC. 60ll. GRANTS TO STATES FOR SEAL OF programs to recognize student proficiency in
whose legal argument stated that this prac- BILITERACY PROGRAMS. speaking, reading, and writing in both
tice violated her constitutional right to due (a) FINDINGS.—Congress finds the fol- English and a second language.
process of law. lowing: (B) INCLUSION OF NATIVE AMERICAN LAN-
(10) The Court of Appeals for the Second (1) The people of the United States cele- GUAGES.—Notwithstanding subparagraph (A),
Circuit ruled in Stephanie Crawford’s favor brate cultural and linguistic diversity and each Seal of Biliteracy program shall con-
in 1976 and found that Executive Order 10240 seek to prepare students with skills to suc- tain provisions allowing the use of Native
and any regulations relating to the Armed ceed in the 21st century. American languages, including allowing
Forces that made separation or discharge (2) It is fitting to commend the dedication speakers of any Native American language
mandatory due to pregnancy were unconsti- of students who have achieved proficiency in recognized as official by any American gov-
tutional. multiple languages and to encourage their ernment, including any Tribal government,
(11) By 1976, all regulations that permitted peers to follow in their footsteps. to use equivalent proficiency in speaking,
involuntary separation or discharge of a (3) The congressionally requested Commis- reading, and writing in the Native American
member of the Armed Forces because of sion on Language Learning, in its 2017 report language in lieu of proficiency in speaking,
pregnancy or any form of parenthood were ‘‘America’s Languages: Investing in Lan- reading, and writing in English.
rescinded. guage Education for the 21st Century’’, notes (C) DURATION.—A grant awarded under this
(12) Today, women comprise 17 percent of the pressing national need for more people of section shall be for a period of 2 years, and
the Armed Forces, and many are parents, in- the United States who are proficient in two may be renewed at the discretion of the Sec-
cluding 12 percent of whom are single par- or more languages for national security, eco- retary.
ents. nomic growth, and the fulfillment of the po- (D) RENEWAL.—At the end of a grant term,
(13) While military parents face many tential of all people of the United States. a State that receives a grant under this sec-
hardships, today’s Armed Forces provides (4) The Commission on Language Learning tion may reapply for a grant under this sec-
various lengths of paid family leave for also notes the extensive cognitive, edu- tion.
mothers and fathers. for both birth and adop- cational, and employment benefits deriving (E) LIMITATIONS.—A State shall not receive
tion of children. from biliteracy. more than 1 grant under this section at any
(b) SENSE OF CONGRESS.— (5) Biliteracy in general correlates with time.
(1) SENSE OF CONGRESS.—It is the sense of higher graduation rates, higher grade point (F) RETURN OF UNSPENT GRANT FUNDS.—
Congress that women who served in the averages, higher rates of matriculation into Each State that receives a grant under this
Armed Forces before February 23, 1976 should higher education, and higher earnings for all section shall return any unspent grant funds
not have been involuntarily separated or dis- students, regardless of background. not later than 6 months after the date on
charged due to pregnancy or parenthood. (6) The study of America’s languages in el- which the term for the grant ends.
(2) EXPRESSION OF REMORSE.—Congress ementary and secondary schools should be (2) GRANT APPLICATION.—A State that de-
hereby expresses deep remorse for the women encouraged because it contributes to a stu- sires a grant under this section shall submit
who patriotically served in the Armed dent’s cognitive development and to the na- an application to the Secretary at such time,
Forces, but were forced, by official United tional economy and security. in such manner, and containing such infor-
States policy, to endure unnecessary and dis- (7) Recognition of student achievement in mation and assurances as the Secretary may
criminatory actions, including the violation language proficiency will enable institutions require, including—
of their constitutional right to due process of higher education and employers to readily (A) a description of the criteria a student
of law, simply because they became pregnant recognize and acknowledge the valuable ex- must meet to demonstrate the proficiency in
or became a parent while a member of the pertise of bilingual students in academia and speaking, reading, and writing in both lan-
Armed Forces. the workplace. guages necessary for the State Seal of
(c) GAO STUDY OF WOMEN INVOLUNTARILY (8) States such as Utah, Arizona, Wash- Biliteracy program;
SEPARATED OR DISCHARGED DUE TO PREG- ington, and New Mexico have developed in- (B) a detailed description of the State’s
NANCY OR PARENTHOOD.— novative testing methods for languages, in- plan—
(1) STUDY REQUIRED.—The Comptroller cluding Native American languages, where (i) to ensure that English learners and
General of the United States shall conduct a no formal proficiency test currently exists. former English learners are included in the
study regarding women involuntarily sepa- (9) The use of proficiency in a government- State Seal of Biliteracy program;
rated or discharged from the Armed Forces recognized official Native American lan- (ii) to ensure that—
due to pregnancy or parenthood during the guage as the base language for a Seal of (I) all languages, including Native Amer-
period of 1951 through 1976. The study shall Biliteracy, with proficiency in any addi- ican languages, can be tested for the State
identify— tional partner language demonstrated Seal of Biliteracy program; and
(A) the number of such women, through tested proficiency, has been success- (II) Native American language speakers
ctelli on DSK11ZRN23PROD with HOUSE
disaggregated by— fully demonstrated in Hawaii. and learners are included in the State Seal of
(i) Armed Force; (10) Students in every State and every Biliteracy program, including students at
(ii) grade; school should be able to benefit from a Seal tribally controlled schools and at schools
(iii) race; and of Biliteracy program. funded by the Bureau of Indian Education;
(iv) ethnicity; (b) DEFINITIONS.—In this section: and
(B) the characters of such discharges or (1) ESEA DEFINITIONS.—The terms ‘‘English (iii) to reach students, including eligible
separations; learner’’, ‘‘secondary school’’, and ‘‘State’’ students described in paragraph (3)(B) and
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H4902 CONGRESSIONAL RECORD — HOUSE September 22, 2021
English learners, their parents, and schools identify driver skills and experience under of electric autonomous vehicle use in other
with information regarding the State Seal of diverse conditions. military contexts.
Biliteracy program; (4) To evaluate— AMENDMENT NO. 80 OFFERED BY MS. BUSH OF
(C) an assurance that a student who meets (A) the extent to which ranges and train- MISSOURI
the requirements under subparagraph (A) ing areas are fulfilling responsibilities to At the end of title LX, insert the following:
and paragraph (3) receives— identify and communicate hazards to units;
SEC. 60ll. STUDY ON CONTAMINATION OF
(i) a permanent seal or other marker on and COLDWATER CREEK, MISSOURI.
the student’s secondary school diploma or its (B) to the extent to which such responsibil- (a) IN GENERAL.—The Administrator of the
equivalent; and ities are not being carried out, whether ex- Environmental Protection Agency, in co-
(ii) documentation of proficiency on the isting solutions are adequate or if additional ordination with the Secretary of the Army,
student’s official academic transcript; and resources should be applied to fulfill such re- the Secretary of Energy, the Administrator
(D) an assurance that a student is not sponsibilities. of the Agency for Toxic Substances and Dis-
charged a fee for providing information (b) CONSULTATION REQUIREMENT.—The Sec-
ease Registry, and other appropriate Federal
under paragraph (3)(A). retary of the Army, the Secretary of the
agencies, shall—
(3) STUDENT PARTICIPATION IN A SEAL OF Navy, the Secretary of the Air Force, and
(1) undertake a review of prior and ongoing
BILITERACY PROGRAM.— the Commandant of the Marine Corps shall
efforts to remediate radiological contamina-
(A) IN GENERAL.—To participate in a Seal jointly establish a formal collaboration
tion in the vicinity of Coldwater Creek in
of Biliteracy program, a student shall pro- forum among Army, Navy, Air Force, and
North St. Louis County, Missouri, associated
vide information to the State that serves the Marine Corps range officials through which
with historic radiological waste storage near
student at such time, in such manner, and such officials shall share methods for identi-
the St. Louis Airport;
including such information and assurances fying and communicating hazards to units.
(2) consult with State and local agencies,
as the State may require, including an assur- AMENDMENT NO. 77 OFFERED BY MR. BUCK OF and representatives of the Coldwater Creek
ance that the student has met the criteria COLORADO community;
established by the State under paragraph Page 922, line 17, strike ‘‘and’’ at the end. (3) take into consideration the Public
(2)(A). Page 922, line 21, strike the period and in- Health Assessment for the Evaluation of
(B) STUDENT ELIGIBILITY FOR PARTICIPA- sert ‘‘; and’’. Community Exposure Related to Coldwater
TION.—A student who gained proficiency in a Page 922, insert after line 21 the following: Creek, dated April 30, 2019, and prepared by
second language outside of school may apply (6) the United States condemns the Peo- the Agency for Toxic Substances and Disease
under subparagraph (A) to participate in a ple’s Republic of China’s ongoing genocide Registry; and
Seal of Biliteracy program. and violation of fundamental human rights (4) within 180 days of the date of enactment
(4) USE OF FUNDS.—Grant funds made avail- in Xinjiang. of this section, issue a report to Congress on
able under this section shall be used for— AMENDMENT NO. 78 OFFERED BY MR. BUDD OF the status of efforts to reduce or eliminate
(A) the administrative costs of establishing NORTH CAROLINA the potential human health impacts from po-
or improving, and carrying out, a Seal of At the end of subtitle B of title XII of divi- tential exposure to such contamination, in-
Biliteracy program that meets the require- sion A, add the following: cluding any recommendations for further ac-
ments of paragraph (2); and tion.
SEC. 12l. PROHIBITION ON REMOVAL OF PUB-
(B) public outreach and education about LICLY AVAILABLE ACCOUNTINGS OF (b) INSTALLATION OF SIGNAGE TO PREVENT
the Seal of Biliteracy program. MILITARY ASSISTANCE PROVIDED POTENTIAL EXPOSURE RISKS.—In accordance
(5) REPORT.—Not later than 18 months TO THE AFGHAN SECURITY FORCES. with the recommendations of the Public
after receiving a grant under this section, a None of the funds authorized to be appro- Health Assessment for the Evaluation of
State shall issue a report to the Secretary priated by this Act or otherwise made avail- Community Exposure Related to Coldwater
describing the implementation of the Seal of able for the Department of Defense for fiscal Creek, the Administrator of the Environ-
Biliteracy program for which the State re- year 2022 may be used to remove from the mental Protection Agency, in coordination
ceived the grant. website of the Department of Defense or any with the Secretary of the Army, shall install
(6) AUTHORIZATION OF APPROPRIATIONS.— other agency publicly available accountings signage to inform residents and visitors of
There are authorized to be appropriated to of military assistance provided to the Af- potential exposure risks in areas around
carry out this section $10,000,000 for each of ghan security forces that was publicly avail- Coldwater Creek where remediation efforts
fiscal years 2022 through 2026. able online as of July 1, 2021. have not been undertaken or completed.
AMENDMENT NO. 75 OFFERED BY MS. BROWNLEY AMENDMENT NO. 79 OFFERED BY MR. BURCHETT AMENDMENT NO. 81 OFFERED BY MRS. BUSTOS OF
OF CALIFORNIA OF TENNESSEE ILLINOIS
At the end of title LX, insert the following At the end of subtitle E of title X, add the Add at the end of title LX the following:
new section: following new section: SEC. 60ll. RECOGNITION AND HONORING OF
SEC. 60ll ANNUAL REPORT FROM THE ADVI- SEC. 10ll. BRIEFING ON ELECTRIC AUTONO- SERVICE OF INDIVIDUALS WHO
SORY COMMITTEE ON WOMEN VET- MOUS SHUTTLES ON MILITARY IN- SERVED IN UNITED STATES CADET
ERANS. STALLATIONS. NURSE CORPS DURING WORLD WAR
Subsection (c)(1) of section 542 of title 38, (a) BRIEFING REQUIRED.—Not later than II.
United States Code, is amended by striking March 1, 2022, the Secretary of Defense, in Section 106 of title 38, United States Code,
‘‘even-numbered year’’ and inserting ‘‘year’’. coordination with the Secretaries of the is amended by adding at the end the fol-
AMENDMENT NO. 76 OFFERED BY MR. BUCHANAN military departments, shall provide to the lowing new subsection:
OF FLORIDA Committees on Armed Services of the Senate ‘‘(g)(1)(A) Service as a member of the
Page 191, after line 6, insert the following: and the House of Representatives a briefing United States Cadet Nurse Corps during the
SEC. 356. IMPLEMENTATION OF COMPTROLLER on the current and future plans of the De- period beginning on July 1, 1943, and ending
GENERAL RECOMMENDATIONS RE- partment of Defense for fielding electric au- on December 31, 1948, of any individual who
LATING TO MITIGATION AND PRE- tonomous shuttles on military installations was honorably discharged therefrom pursu-
VENTION OF TRAINING ACCIDENTS. for the purpose of transporting personnel and ant to subparagraph (B) shall be considered
(a) REQUIREMENTS.—The Secretary of the equipment in a safe, cost-efficient, and sus- active duty for purposes of eligibility and en-
Defense shall take such steps as may be nec- tainable manner. titlement to benefits under chapters 23 and
essary to carry out the following with re- (b) ELEMENTS.—The briefing under sub- 24 of this title (including with respect to
spect to the Army, Navy, Marine Corps, and section (a) shall include analysis of the fol- headstones and markers), other than such
Air Force: lowing: benefits relating to the interment of the in-
(1) To develop more clearly defined roles (1) The effectiveness of current or past dividual in Arlington National Cemetery
for vehicle commanders and establish mech- demonstration projects of electric autono- provided solely by reason of such service.
anisms and procedures for tactical vehicle mous shuttles on military installations. ‘‘(B)(i) Not later than one year after the
risk management to be used by first-line su- (2) The impact that reliable, energy-effi- date of the enactment of this subsection, the
pervisors, including vehicle commanders. cient shuttles could have on quality of life, Secretary of Defense shall issue to each indi-
(2) To evaluate the number of personnel base operating costs, and traffic patterns. vidual who served as a member of the United
within operational units who are responsible (3) How best to leverage existing commer- States Cadet Nurse Corps during the period
for tactical vehicle safety and determine if cially available shuttles to satisfy this func- beginning on July 1, 1943, and ending on De-
these units are appropriately staffed, or if tion. cember 31, 1948, a discharge from such serv-
any adjustments are needed to workloads or (4) How and where the Department would ice under honorable conditions if the Sec-
ctelli on DSK11ZRN23PROD with HOUSE
resource levels to implement operational best employ the shuttles to maximize fixed retary determines that the nature and dura-
unit ground-safety programs. route or on-demand autonomous shuttle tion of the service of the individual so war-
(3) To ensure that tactical vehicle driver service for military installations serving the rants.
training programs, including licensing, unit, ‘‘first and last mile’’ transportation needs of ‘‘(ii) A discharge under clause (i) shall des-
and follow-on training programs, have a personnel and logistical missions. ignate the date of discharge. The date of dis-
well-defined process with specific perform- (5) What type of data could be gathered charge shall be the date, as determined by
ance criteria and measurable standards to from the shuttles to assist in the expansion the Secretary, of the termination of service
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4903
of the individual concerned as described in as specified in the corresponding funding Secretary of Defense shall conduct an anony-
that clause. table in section 4301, for Office of the Sec- mous survey to determine the effects that
‘‘(2) An individual who receives a discharge retary of Defense, line 540 is hereby reduced the COVID–19 vaccine mandate issued by the
under paragraph (1)(B) for service as a mem- by $3,000,000. Secretary on August 24, 2021, has had on re-
ber of the United States Cadet Nurse Corps AMENDMENT NO. 83 OFFERED BY MRS. BUSTOS OF cruitment to and reenlistment in the Armed
shall be honored as a veteran but shall not ILLINOIS Forces.
be entitled by reason of such service to any (b) MATTERS.—The survey under subsection
At the end of subtitle C of title II, add the (a) shall include an assessment of the fol-
benefit under a law administered by the Sec-
following new section: lowing:
retary of Veterans Affairs, except as pro-
SEC. 2ll. ROADMAP FOR RESEARCH AND DE- (1) Whether the announcement of the
vided in paragraph (1)(A).
VELOPMENT OF DISRUPTIVE MANU-
‘‘(3) The Secretary of Defense may design FACTURING CAPABILITIES.
COVID–19 vaccine mandate encouraged the
and produce a service medal or other com- reenlistment, discouraged the reenlistment,
(a) ROADMAP.—The Under Secretary of De-
mendation, or memorial plaque or grave or had any effect on the reenlistment, of
fense for Research and Engineering, in con-
marker, to honor individuals who receive a members of the Armed Forces.
sultation with the Department of Defense
discharge under paragraph (1)(B).’’. (2) Whether the announcement of the
Manufacturing Innovation Institutes, shall
AMENDMENT NO. 82 OFFERED BY MRS. BUSTOS OF COVID–19 vaccine mandate encouraged indi-
develop a capabilities integration roadmap
ILLINOIS viduals to join the Armed Forces, discour-
for disruptive manufacturing technologies
aged individuals to join the Armed Forces, or
At the end of subtitle E of title VIII, add including workforce skills needed to support
had any other effect on recruitment efforts
the following new section: it and proposed pilot-scale demonstration
for the Armed Forces.
SEC. 8ll. PILOT PROGRAM TO TRANSITION projects proving concepts, models, tech- (c) PUBLICATION AND SUBMISSION TO CON-
DIGITALLY SECURED MANUFAC- nologies, and engineering barriers. GRESS.—
TURING TECHNOLOGIES. (b) BRIEFING.—Not later than 180 days after (1) IN GENERAL.—Not later than 240 days
(a) PROGRAM REQUIRED.—The Under Sec- the date of the enactment of this Act, the after the date of the enactment of this Act,
retary of Defense for Research and Engineer- Under Secretary of Defense for Research and the Secretary shall submit to Congress the
ing shall carry out a pilot program to ensure Engineering shall submit to the Committees results of the survey under subsection (a)
the transition of digitally secured manufac- on Armed Services of the Senate and the and publish such results on an internet
turing technologies developed by a manufac- House of Representatives a briefing on the website of the Department of Defense.
turing innovation institute that is funded by roadmap developed under subsection (a). (2) PRIVACY CONSIDERATIONS.—In submit-
the Department of Defense to covered de- AMENDMENT NO. 84 OFFERED BY MRS. CAMMACK ting and publishing the results of the survey
fense contractors to promote the develop- OF FLORIDA under paragraph (1), the Secretary shall en-
ment of digitally secured manufacturing
At the end of title LX, add the following sure that such results do not include any
technologies to—
new section: personally identifiable information of Armed
(1) enhance and secure the supply chain for
SEC. 60ll. REPORT RELATING TO ESTABLISH- Forces recruits, members of the Armed
such digitally secured manufacturing tech-
MENT OF PRECLEARANCE FACILITY Forces, or any other individual surveyed
nologies for use in weapon systems; and IN TAIWAN. under this section.
(2) ensure increased quality and decreased
(a) REPORT.— AMENDMENT NO. 86 OFFERED BY MR. CARBAJAL
costs of such digitally secured manufac-
(1) IN GENERAL.—Not later than 180 days OF CALIFORNIA
turing technologies.
after the date of the enactment of this Act, Page 1008, line 4, insert ‘‘and the Com-
(b) PARTNERSHIP.—Under the pilot pro-
gram, the Under Secretary shall reimburse the Secretary of Homeland Security, in con- mittee on Science, Space, and Technology of
related costs to covered defense contractors sultation with the Secretary of Commerce, the House of Representatives and the Com-
to facilitate the transition of digitally se- shall submit to the appropriate congres- mittee on Commerce, Science, and Transpor-
cured manufacturing technologies from such sional committees a report that includes an tation of the Senate’’ after ‘‘tees’’.
manufacturing innovation institutes to such assessment of establishing a preclearance fa- Page 1008, line 13, insert ‘‘to support gov-
covered defense contractors. cility in Taiwan. ernment and commercial launch’’ after
(c) ANNUAL REPORT.—Not later than 90 (2) ELEMENTS.—The assessment required ‘‘Space Force’’.
days after the last day of each fiscal year under paragraph (1) shall include the fol- Page 1008, line 14, insert ‘‘, as well as an
during which the pilot program is oper- lowing: identification of any impacts the proposed
ational, the Under Secretary of Defense for (A) An assessment with respect to the fea- authorities could have on competition in the
Research and Engineering shall submit to sibility and advisability of establishing a commercial launch industry’’ after ‘‘are
the Committees on Armed Services of the CBP Preclearance facility in Taiwan. needed’’.
(B) An assessment of the impacts Page 1008, line 17, insert ‘‘and allow for
Senate and the House of Representatives a
preclearance operations in Taiwan will have commercial investment for mutually bene-
briefing on participation in and the impact
with respect to— ficial projects’’ after ‘‘Space Force’’.
of the pilot program.
(i) trade and travel, including impacts on Page 1008, line 18, insert ‘‘and an identi-
(d) DEFINITIONS.—In this section:
passengers traveling to the United States; fication of any impacts the proposed authori-
(1) The term ‘‘covered defense contractor’’
and ties could have on competition in the com-
means a contractor in the defense industrial
(ii) CBP staffing. mercial launch industry’’ after ‘‘such pro-
base that—
(C) Country-specific information relating posals’’.
(A) manufactures and delivers aircraft,
ships, vehicles, weaponry, or electronic sys- to— AMENDMENT NO. 87 OFFERED BY MR. CARSON OF
tems; or (i) anticipated benefits to the United INDIANA
(B) provides services, such as logistics or States; and At the end of subtitle C of title VII, insert
engineering support, to the Department of (ii) security vulnerabilities associated with the following new section:
Defense. such preclearance operations. SEC. 748. FUNDING FOR PANCREATIC CANCER
(2) The term ‘‘digitally secured manufac- (b) DEFINITIONS.—In this section— RESEARCH.
turing technology’’ means an existing or ex- (1) The term ‘‘appropriate congressional (a) INCREASE.—Notwithstanding the
perimental manufacturing technology deter- committees’’ means— amounts set forth in the funding tables in di-
mined by the Under Secretary of Defense for (A) the Committee on Homeland Security, vision D, the amount authorized to be appro-
Research and Engineering to meet the needs the Committee on Finance, and the Com- priated in section 1405 for the Defense Health
of the Department of Defense. mittee on Ways and Means of the House of Program, as specified in the corresponding
(e) TERMINATION.—The pilot program es- Representatives; and funding table in section 4501, for R&D Re-
tablished under this section shall terminate (B) the Committee on Commerce, Science, search is hereby increased by $5,000,000 for
3 years after the date of the enactment of and Transportation, the Committee on Fi- the purposes of pancreatic cancer research,
this Act. nance, and the Joint Committee on Taxation of which $5,000,000 is for the purposes of a
(f) INCREASE.—Notwithstanding the of the Senate. pancreatic cancer early detection initiative
amounts set forth in the funding tables in di- (2) The term ‘‘CBP’’ means U.S. Customs (EDI).
vision D, the amount authorized to be appro- and Border Protection. (b) OFFSET.—Notwithstanding the amounts
priated in section 201 for research, develop- AMENDMENT NO. 85 OFFERED BY MRS. CAMMACK set forth in the funding tables in division D,
ment, test, and evaluation, as specified in OF FLORIDA the amount authorized to be appropriated in
the corresponding funding table in section section 1405 for Defense Health Program, as
At the end of subtitle C of title VII, add
specified in the corresponding funding table
ctelli on DSK11ZRN23PROD with HOUSE
4201, for Manufacturing Technology Pro- the following new section:
gram, line 051 is hereby increased by in section 4501, for Base Operations/Commu-
SEC. 7ll. SURVEY ON EFFECTS OF COVID–19
$3,000,000. nications is hereby reduced by $5,000,000.
MANDATE ON MATTERS RELATING
(g) OFFSET.—Notwithstanding the amounts TO RECRUITMENT AND AMENDMENT NO. 88 OFFERED BY MR. CASE OF
set forth in the funding tables in division D, REINLISTMENT. HAWAII
the amount authorized to be appropriated in (a) SURVEY.—Not later than 30 days after At the appropriate place in title XII, insert
section 301 for operation and maintenance, the date of the enactment of this Act, the the following:
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H4904 CONGRESSIONAL RECORD — HOUSE September 22, 2021
SEC. 12l. MODIFICATION OF ANNUAL REPORT SEC. 12l. REPORT ON ENHANCING SECURITY Department of Defense or in which the De-
ON MILITARY AND SECURITY DEVEL- PARTNERSHIPS BETWEEN THE partment of Defense otherwise has a real
OPMENTS INVOLVING THE PEOPLE’S UNITED STATES AND INDO-PACIFIC
property interest, are critical to maintaining
REPUBLIC OF CHINA. COUNTRIES.
the readiness of the Armed Forces now sta-
Section 1202(b) of the National Defense Au- (a) IN GENERAL.—Not later than 180 days
tioned or to be stationed in Hawai‘i and
thorization Act for Fiscal Year 2000 (10 after the date of the enactment of this Act,
throughout the Indo-Pacific region and else-
U.S.C. 113 note) is amended by adding at the the Secretary of Defense, in coordination
where.
end the following: with the Secretary of State, shall submit to
(2) Securing long-term continued utiliza-
‘‘(32)(A) An assessment of China’s military the appropriate congressional committees a
tion of those lands by the Armed Forces is
expansion into the Pacific Islands region, in- report on the activities and resources re-
thus critical to the national defense.
cluding an assessment of China’s— quired to enhance security partnerships be-
(3) As a result of various factors, including
‘‘(i) strategic interests in the region; tween the United States and Indo-Pacific
complex land ownership and utilization
‘‘(ii) exchanges of senior defense officials; countries.
(b) ELEMENTS.—The report required under issues and competing actual and potential
‘‘(iii) diplomatic and military engage- uses, the interdependency of the various
subsection (a) shall include the following:
ments; military components, and the necessity of
(1) A description of the Department of De-
‘‘(iv) offers of military education and maintaining public support for the presence
fense’s approach to conducting security co-
training in China; and operations of the Armed Forces in Ha-
operation activities in Indo-Pacific coun-
‘‘(v) development of Chinese language and wai’i, the realization of the congressional
tries, including how the Department identi-
culture centers; and Department of Defense goals of ensuring
fies and prioritizes its security partnerships
‘‘(vi) financial assistance for infrastructure the continuity of critical land and facilities
in such countries.
development, including through the Belt and infrastructure requires a sustained, dedi-
(2) A description of how the Department of
Road Initiative; cated, funded, top-level effort to coordinate
Defense’s security cooperation activities
‘‘(vii) investment in ports or wharfs, in- realization of these goals across the Armed
benefit other Federal departments and agen-
cluding identification of those ports with the Forces, between the Department of Defense
cies that are operating in the Indo-Pacific
capacity to service Chinese naval vessels; and other agencies of the Federal Govern-
region.
‘‘(viii) military assistance, including finan- ment, and between the Department of De-
(3) Recommendations to improve the abil-
cial aid, donations of military equipment, fense and the State of Hawai’i and its civil-
ity of the Department of Defense to achieve
and offers of military training; and ian sector.
sustainable security benefits from its secu-
‘‘(ix) military bases in the region or plans (4) The end result of this effort must ac-
rity cooperation activities in the Indo-Pa-
to pursue a more formalized military pres- count for military and civilian concerns and
cific region, which may include—
ence in the region. for the changing missions and needs of all
(A) the establishment of contingency loca-
‘‘(B) In this paragraph, the term ‘Pacific components of the Armed Forces stationed
tions;
Island region’ includes the Republic of Fiji, or otherwise operating out of the State of
(B) small-scale construction conducted in
the Republic Kiribati, the Marshall Islands, Hawai‘i as the Department of Defense ad-
accordance with existing law; and
the Federated States of Micronesia, the Re- justs to meet the objectives outlined in the
(C) the acquisition of additional training
public of Nauru, the Republic of Palau, the National Defense Strategy.
and equipment by Indo-Pacific countries to
Independent State of Samoa, the Solomon Is- (b) ANNUAL REPORT.—
improve their organizational, operational,
lands, the Kingdom of Tonga, Tuvalu, and (1) REPORT REQUIRED.—Not later than Feb-
mobility, and sustainment capabilities.
the Republic of Vanuatu.’’. ruary 1 of each year, the Secretary of De-
(4) Recommendations to expand and
fense shall submit to the congressional de-
AMENDMENT NO. 89 OFFERED BY MR. CASE OF strengthen the capability of Indo-Pacific
fense committee a report describing the
HAWAII countries to conduct security activities, in-
progress being made by the Department of
cluding traditional activities of the combat-
At the appropriate place in title XII, insert Defense to renew each Department of De-
ant commands, train and equip opportuni-
the following: fense land lease and easement in the State of
ties, State partnerships with the National
Hawai‘i that—
SEC. 12l. UNITED STATES MILITARY PRESENCE Guard, and through multilateral activities.
(A) encompasses one acre or more; and
IN PALAU. (5) A description of how the following fac-
(B) will expire within 10 years after the
(a) SENSE OF CONGRESS.—It is the sense of tors may impact the ability of the Depart-
date of the submission of the report.
Congress that— ment of Defense to strengthen security part-
(2) REPORT ELEMENTS.— Each report sub-
(1) the United States and the Republic of nerships in Indo-Pacific countries:
mitted under paragraph (1) shall include the
Palau have a strong relationship based on (A) The economic development and sta-
following:
strengthening regional security, ensuring a bility of such countries within the Indo-Pa-
(A) The location, size, and expiration date
free and open Indo-Pacific, and protecting cific area of operations.
of each lease and easement.
fisheries from illegal, unreported and un- (B) The military, intelligence, diplomatic,
(B) Major milestones and expected
regulated fishing; and developmental, and humanitarian efforts of
timelines for maintaining access to the land
(2) Congress is receptive to the Republic of the People’s Republic of China and Russia in
covered by each lease and easement.
Palau’s request to the United States to es- Indo-Pacific countries.
(C) Actions completed over the preceding
tablish a regular United States military (C) The ability of the United States and its
two years for each lease and easement.
presence in Palau for purposes of Palau’s de- allies and partners to combat violent ex-
(D) Department-wide and service-specific
fense and encourages the Department of De- tremist organizations operating in the Indo-
authorities governing each lease and ease-
fense to review such request. Pacific region.
ment extension.
(D) Any other matters the Secretary of De-
(b) REPORT.— (E) A summary of coordination efforts be-
fense determines to be relevant.
(1) IN GENERAL.—Not later than 180 days (c) FORM.—The report required under sub- tween the Secretary of Defense and the Sec-
after the date of the enactment of this Act, section (a) may be submitted in classified retaries of the military departments.
the Secretary of Defense shall provide a re- form, but shall include an unclassified sum- (F) The status of efforts to develop an in-
port and briefing to the appropriate congres- mary. ventory of military land in Hawai‘i, includ-
sional committees on the Department of De- (d) APPROPRIATE CONGRESSIONAL COMMIT- ing current and possible future uses of the
fense’s plans to review the Republic of TEES DEFINED.—In this section, the term land, that would assist in land negotiations
Palau’s request to the United States to es- ‘‘appropriate congressional committees’’ with the State of Hawai‘i.
tablish a regular United States military means— (G) The risks and potential solutions to en-
presence in Palau and any planned military (1) the congressional defense committees; sure the renewability of required and critical
construction associated with such military and leases and easements.
presence. (2) the Committee on Foreign Relations of AMENDMENT NO. 92 OFFERED BY MR. CASE OF
(2) APPROPRIATE CONGRESSIONAL COMMIT- the Senate and the Committee on Foreign HAWAII
TEES DEFINED.—In this subsection, the term Affairs of the House of Representatives. At the end of subtitle B of title III, add the
‘‘appropriate congressional committees’’ AMENDMENT NO. 91 OFFERED BY MR. CASE OF following new section:
means— HAWAII SEC. 3ll. INSPECTION OF PIPING AND SUPPORT
(A) the congressional defense committees; At the end of subtitle H of title XXVIII, INFRASTRUCTURE AT RED HILL
and add the following new section: BULK FUEL STORAGE FACILITY,
(B) the Committee on Foreign Relations of HAWAI‘I.
SEC. 28ll. ANNUAL REPORT ON RENEWAL OF
the Senate and the Committee on Foreign
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DEPARTMENT OF DEFENSE EASE- (a) FINDINGS.—Congress finds the fol-
Affairs of the House of Representatives. MENTS AND LEASES OF LAND IN lowing:
AMENDMENT NO. 90 OFFERED BY MR. CASE OF
HAWAI‘I. (1) The continued availability and use of
(a) FINDINGS.—Congress finds the fol- the Red Hill Bulk Fuel Storage Facility in
HAWAII
lowing: Honolulu, Hawai‘i is a matter of national se-
At the appropriate place in title XII, insert (1) Lands throughout the State of Hawai‘i, curity. Persistent fuel availability in quan-
the following: which are currently owned and leased by the tity, location, and secured siting is a key
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4905
component in ensuring resilient logistical AMENDMENT NO. 93 OFFERED BY MR. CASE OF (A) The priorities of each individual Armed
support for sustained forward operations in HAWAII Force and joint priorities within the State of
the Indo-Pacific region and the execution of At the end of subtitle H of title XXVIII, Hawai‘i.
the National Defense Strategy, including the add the following new section: (B) The historical background of Armed
objectives of maintaining a free and open SEC. 28ll. REPORT ON LONG-TERM INFRA- Forces and Department of Defense use of
Indo-Pacific. STRUCTURE NEEDS TO SUPPORT lands in Hawai‘i and the cultural signifi-
(2) The Red Hill Bulk Fuel Facility is con- MARINE CORPS REALIGNMENT IN cance of the historical land holdings.
structed in basalt rock that overlays a key UNITED STATES INDO-PACIFIC COM- (C) A summary of all leases and easements
aquifer serving as one of the major ground MAND AREA OF RESPONSIBILITY. held by the Department.
water resources for the fresh water needs of Not later than one year after the date of (D) An overview of Army, Navy, Marine
the City of Honolulu, including key military the enactment of this Act, the Deputy Com- Corps, Air Force, Space Force, Coast Guard,
installations and associated facilities. Past mandant, Installations and Logistics, of the Hawai‘i National Guard, and Hawai‘i Air Na-
leaks from the tanks and other infrastruc- Marine Corps shall submit to the Commit- tional Guard assets in the State, including
ture of the Red Hill Bulk Fuel Storage Facil- tees on Armed Services of the Senate and the the following for each asset:
House of Representatives a report listing and
ity, while not resulting in any appreciable (i) The location and size of facilities.
describing the infrastructure that will be
effect to the aquifer, raise significant ques- (ii) Any tenet commands.
needed to directly support the Marine Corps
tions whether the facility is being operated (iii) Training lands.
realignment in the United States Indo-Pa-
and maintained to the highest standard pos- (iv) Purpose of the asset.
cific Command Area of Responsibility. The
sible and whether the facility presents a ma- report shall include the known or estimated (v) Priorities for the asset for the next five
terial risk to the aquifer and to Honolulu scope, cost, and schedule for each military years, including any planned divestitures
water resources. construction project, repair project, or other and expansions.
(3) Safety inspections of the Red Hill Bulk infrastructure project included on the infra- (E) A summary of encroachment planning
Fuel Storage Facility at 10-year intervals, as structure list. efforts.
required by the American Petroleum Insti- (F) A summary of efforts to synchronize
AMENDMENT NO. 94 OFFERED BY MR. CASE OF
tute 570 standards, set the upper boundaries the inter-service use of training lands and
HAWAII
for inspections. ranges.
(b) SENSE OF CONGRESS.—In order to fully At the end of subtitle H of title XXVIII, (3) COOPERATION.—The Deputy Assistant
effectuate national security, assure the max- add the following new section: Secretary of Defense for Real Property shall
imum safe utilization of the Red Hill Bulk SEC. 28ll. FIVE-YEAR UPDATES OF HAWAI‘I
carry out this subsection in conjunction
Fuel Storage Facility, and fully address con- MILITARY LAND USE MASTER PLAN.
with the Commander of United States Indo-
cerns as to potential impacts of the facility (a) FINDINGS.—Congress finds the fol-
Pacific Command.
on public health, it is the sense of Congress lowing:
(1) The continued presence of the Armed (d) SUBMISSION OF UPDATED PLAN.—Not
that the Secretary of the Navy and the De- later than 30 days after the date of the com-
fense Logistics Agency should— Forces and Department of Defense in the
pletion of an update to the Hawai‘i Military
(1) operate and maintain the Red Hill Bulk State of Hawai‘i supports the United State’s
Land Use Master Plan under subsection (c),
Fuel Storage Facility to the highest stand- objective of a free and open Indo-Pacific re-
the Deputy Assistant Secretary of Defense
ard possible; and gion.
for Real Property shall submit the updated
(2) require safety inspections to be con- (2) Given the strategic location of Hawai‘i
master plan to the Committees on Armed
ducted more frequently based on the corro- in the central Pacific, the State is home to
Services of the Senate and the House of Rep-
sion rate of the piping and overall condition the United States Indo-Pacific Command and
resentatives.
of the pipeline system and support equip- all of its subcomponent commanders.
ment at the facility. (3) The Armed Forces and Department of AMENDMENT NO. 95 OFFERED BY MR. CASE OF
(c) INSPECTION REQUIREMENT.— Defense presence in Hawai‘i is extensive and HAWAII
(1) INSPECTION REQUIRED.—The Secretary of significant despite the limited geography of At the end of subtitle F of title III, insert
the Navy shall direct the Naval Facilities the State. the following:
Engineering Command to conduct an inspec- (b) SENSE OF CONGRESS.—Given the extent
SEC. 3ll. DEPARTMENT OF DEFENSE RESPONSE
tion of the pipeline system, supporting infra- and significance of the Armed Forces and De- TO MILITARY LAZING INCIDENTS.
structure, and appurtenances, including partment of Defense presence in Hawai‘i and
the limited geography of the State, it is the (a) INVESTIGATION INTO LAZING OF MILITARY
valves and any other corrosion prone equip- AIRCRAFT.—
ment, at the Red Hill Bulk Fuel Storage Fa- sense of Congress that the Secretary of De-
fense should— (1) INVESTIGATION REQUIRED.—The Sec-
cility. retary of Defense shall conduct a formal in-
(2) INSPECTION AGENT; STANDARDS.—The in- (1) synchronize all of the Armed Forces’
training activities, land holdings, and oper- vestigation into incidents of military air-
spection required by this subsection shall be craft being lazed by the general population
performed— ations for the most efficient use and stew-
ardship of land in Hawai‘i; and in Hawaii. The Secretary shall carry out
(A) by an independent American Petroleum such investigation in coordination and col-
Institute certified inspector who will present (2) ensure that the partnership between the
DoD and State of Hawai‘i is mutually advan- laboration with appropriate non-Department
findings of the inspection and options to the of Defense entities.
Secretary of the Navy for improving the in- tageous and based on the following prin-
ciples: (2) REPORT TO CONGRESS.—Not later than
tegrity of the Red Hill Bulk Fuel Storage March 31, 2022, the Secretary shall submit to
Facility and its appurtenances; and (A) Respect for the land, people, and cul-
ture of Hawai‘i. the congressional defense committees a re-
(B) in accordance with the Unified Facili- port on the findings of the investigation con-
ties Criteria (UFC-3-460-03) and American Pe- (B) Commitment to building strong, resil-
ient communities. ducted pursuant to paragraph (1).
troleum Institute 570 inspection standards. (b) INFORMATION SHARING.— The Secretary
(3) EXCEPTION.—The inspection required by (C) Maximum joint use of Department of
Defense land holdings. shall seek to increase information sharing
this subsection excludes the fuel tanks at
(D) Optimization of existing Armed Forces between the Department of Defense and the
the Red Hill Bulk Fuel Storage Facility.
training, operational, and administrative fa- States with respect to incidents of lazing of
(d) LIFE-CYCLE SUSTAINMENT PLAN.—In
conjunction with the inspection required by cilities. military aircraft, including by entering into
subsection (c), the Naval Facilities Engineer- (E) Synchronized communication from memoranda of understanding with State law
ing Command shall prepare a life-cycle United States Indo-Pacific Command across enforcement agencies on information shar-
sustainment plan for the Red Hill Bulk Fuel all military components with State govern- ing in connection with such incidents to pro-
Storage Facility, which shall consider the ment, State agencies, county governments, vide for procedures for closer cooperation
current condition and service life of the communities, and Federal agencies on crit- with local law enforcement in responding to
tanks, pipeline system, and support equip- ical land and environmental topics. such incidents as soon as they are reported.
ment. (c) REQUIRED UPDATE OF MASTER PLAN.— (c) DATA COLLECTION AND TRACKING.—The
(e) SUBMISSION OF RESULTS AND PLAN.—Not (1) PLAN UPDATE REQUIRED.—Not later than Secretary shall collect such data as may be
later than one year after the date of the en- December 31, 2025, and every five years there- necessary to track the correlation between
actment of this Act, the Secretary of the after through December 31, 2045, the Deputy noise complaints and incidents of military
Navy shall submit to the Committees on Assistant Secretary of Defense for Real aircraft lazing.
Armed Services of the Senate and the House Property shall update the Hawai‘i Military (d) OPERATING PROCEDURES.—The Sec-
of Representatives a report containing— Land Use Master Plan, which was first pro- retary shall give consideration to adapting
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(1) the results of the inspection conducted duced by the Department of Defense in 1995 local operating procedures in areas with high
under subsection (c); and updated in 2002 and 2021. incidence of military aircraft lazing inci-
(2) the life-cycle sustainment plan pre- (2) ELEMENTS.—In updating the Hawai‘i dents to reduce potential injury to aircrew.
pared under subsection (d); and Military Land Use Master Plan, the Deputy (e) EYE PROTECTION.—The Secretary shall
(3) options on improving the security and Assistant Secretary of Defense for Real examine the availability of commercial off-
maintenance of the Red Hill Bulk Fuel Stor- Property shall consider, address, and include the-shelf laser eye protection equipment
age Facility. the following: that protects against the most commonly
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H4906 CONGRESSIONAL RECORD — HOUSE September 22, 2021
available green light lasers that are avail- TICES.—The Foreign Assistance Act of 1961 quired under paragraph (1) shall also include
able to the public. If the Secretary deter- (22 U.S.C. 2151 et seq.) is amended— specifically disaggregated information on
mines that no such laser eye protection (1) in section 116(d) (22 U.S.C. 2151n(d))— the following:
equipment is available, the Secretary shall (A) in paragraph (11)(C), by striking ‘‘and’’ (1) With respect to the section of the report
conduct research and develop such equip- at the end; relating to the Department of Defense, the
ment. (B) in paragraph (12)(C)(ii), by striking the information described in subsection (c) with
AMENDMENT NO. 96 OFFERED BY MR. CASE OF period at the end and inserting ‘‘; and’’; and respect to each military service and regional
HAWAII (C) by adding at the end the following: combatant command, as appropriate.
At the end of subtitle J of title V, insert ‘‘(13) wherever applicable, violence or dis- (2) With respect to the section of the study
the following: crimination that affects the fundamental relating to the Department of State—
SEC. 5ll. REPORT REGARDING BEST PRAC- freedoms or human rights of migrants lo- (A) an identification of 25 priority coun-
TICES FOR COMMUNITY ENGAGE- cated in a foreign country.’’; and tries at the front lines of adversary gray
MENT. (2) in section 502B(b) (22 U.S.C. 2304(b)), by zone aggression; and
(a) REPORT REQUIRED.—Not later than 180 inserting after the ninth sentence the fol- (B) the adequacy of the Department of
days after the date of the enactment of this lowing: ‘‘Wherever applicable, such report State’s public affairs elements, including the
Act, the Assistant Secretary of Defense and shall also include information regarding vio- Global Engagement Center, for conducting
the Secretaries of the military departments lence or discrimination that affects the fun- and responding to information operations
shall jointly submit to Congress a report on damental freedoms or human rights of mi- conducted as part of a gray zone campaign.
best practices for coordinating relations grants permanently or temporarily located (e) ELEMENTS WITH RESPECT TO INTER-
with State and local governmental entities in a foreign country.’’. AGENCY.—The study shall examine the fol-
in the State of Hawaii. (b) REVIEW AT DIPLOMATIC AND CONSULAR lowing with respect to interagency coordina-
(b) BEST PRACTICES.—The best practices re- POSTS.—In preparing the annual country re- tion of and capacity to conduct and respond
ferred to in subsection (a) shall address each ports on human rights practices required to gray zone campaigns:
of the following issues: under section 116 or 502B of the Foreign As- (1) The capacity of the interagency to mar-
(1) Identify comparable locations with sistance Act of 1961 (22 U.S.C. 2151n and 2304), shal disparate elements of national power to
joint base military installations or of other as amended by subsection (a), the Secretary effectively respond in a coordinated manner
densely populated metropolitan areas with of State shall obtain information from each to adversary gray zone campaigns against
multiple military installations and summa- diplomatic and consular post with respect the United States or partner nations.
rize lessons learns from any similar efforts to— (2) The capacity to recognize adversary
to engage with the community and public of- (1) incidents of violence against migrants campaigns from weak signals, including ri-
ficials. vals’ intent, capability, impact, interactive
located in the country in which such post is
(2) Identify all the major community en- effects, and impact on United States inter-
located;
gagement efforts by the services, commands, ests.
(2) an analysis of the factors enabling or
installations and other military organiza- (3) A description of the process for deter-
aggravating such incidents, such as govern-
tions in the State of Hawaii. mining the tolerance for adversary gray zone
ment policy, societal pressure, or the actions
(3) Evaluate the current community out- activity, including the methods and mecha-
of external actors; and
reach efforts to identify any outreach gaps nisms for—
(3) the response, whether public or private,
or coordination challenges that undermine (A) determining which adversary gray zone
of the personnel of such post with respect to
the military engagement with the local com- activities are unacceptable;
such incidents.
munity and elected official in the State of (B) communicating these positions to ad-
(c) MIGRANT.—For the purposes of this sec-
Hawaii. versaries;
tion and the amendments made by this sec-
(4) Propose options available to create an (C) developing theories of deterrence; and
tion, the term ‘‘migrant’’ includes economic
enhanced, coordinated community engage- (D) establishing and regularly reviewing
migrants, guest workers, refugees, asylum-
ment effort in the State of Hawaii based on protocols with allies and partners to respond
seekers, stateless persons, trafficked per-
the department’s evaluation. to such activities.
sons, undocumented migrants, and unaccom-
(5) Resources to support the coordination (4) Recommendations for addressing gaps
described in this subsection, including the panied children, in addition to other individ-
uals who change their country of usual resi- between covered agencies as well as inad-
creation of joint liaison offices that are eas- equacies and inefficiencies in the inter-
ily accessible to public officials to facilitate dence temporarily or permanently.
AMENDMENT NO. 99 OFFERED BY MR. CHABOT OF agency coordination of covered agencies and
coordinating relations with State and local their elements including a discussion of how
governmental agencies. OHIO
such recommendations will be sufficient to
AMENDMENT NO. 97 OFFERED BY MR. CASTRO OF At the appropriate place in subtitle C of
achieve United States gray zone objectives
TEXAS title XIII, insert the following:
and to counter adversary gray zone cam-
Add at the end of subtitle C of title XIII SEC. 13ll. GRAY ZONE REVIEW ACT.
paigns.
the following: (a) STUDY REQUIRED.—Not later than 180 (f) FORM.—The report described in this sub-
SEC. 13ll. DEPARTMENT OF STATE EFFORTS days after the enactment of this Act, the section shall be submitted in an unclassified
REGARDING FIREARMS TRAF- Comptroller General shall submit to Con- format insofar as possible and shall include a
FICKING TO MEXICO. gress a study on the capabilities of the classified annex.
Not later than 180 days after the date of United States to conduct and respond to (g) COVERED AGENCIES DEFINED.—For pur-
the enactment of this Act, the Secretary of gray zone campaigns. poses of the review and report described in
State shall report to the Committee on For- (b) ELEMENTS WITH RESPECT TO THE NA- paragraph (1), the term ‘‘covered agencies’’
eign Affairs of the House of Representatives TURE OF GRAY ZONE OPERATIONS.— means the following:
and the Committee on Foreign Relations of (1) An evaluation of the adequacy and util- (1) The Department of State.
the Senate on the Department of State’s ac- ity of the definitions set forth in subsection (2) The Department of Defense.
tions to disrupt firearms trafficking to Mex- (h) for understanding gray zone activity and (3) The Department of Justice.
ico that includes— for operationalizing gray zone campaigns. (4) The Department of Commerce.
(1) the results of the Department’s efforts (2) Agencies, offices, and units of the Fed- (5) The Department of Homeland Security.
in Mexico on combating firearms trafficking eral Government that are suited to gray zone (6) The Department of the Treasury.
from the United States; and operations or are at particular risk from (7) The Office of the Director of National
(2) the Department’s actions to implement gray zone operations that are not covered Intelligence.
the recommendations, including targets with agencies for purposes of this section. (8) The Central Intelligence Agency.
baselines and timeframes for the Depart- (c) ELEMENTS WITH RESPECT TO COVERED (9) The National Security Agency.
ment’s efforts in Mexico on combating fire- AGENCIES.—The study shall examine the fol- (10) The United States International Devel-
arms trafficking, contained in the report of lowing with respect to each covered agency: opment Finance Corporation.
the Government Accountability Office enti- (1) The capabilities, offices, and units that (11) The United States Agency for Global
tled ‘‘Firearms Trafficking: U.S. Efforts to are especially suited to gray zone operations Media.
Disrupt Gun Smuggling into Mexico Would and a description of the roles each can play. (12) The United States Trade Representa-
Benefit from Additional Data and Analysis’’, (2) Recommendations for addressing gaps tive.
dated February 22, 2021 (GAO-21-322). within covered agencies for effectively con- (h) DEFINITION.—For purposes of this sec-
AMENDMENT NO. 98 OFFERED BY MR. CASTRO OF ducting gray zone operations including pro- tion:
TEXAS posed necessary investments to significantly (1) The term ‘‘gray zone operations’’ is de-
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At the appropriate place in title LX of di- increase these capabilities to mitigate gray fined as state-directed operations against an-
vision E, insert the following: zone threats, the rationale for each, and ex- other state that are not associated with rou-
SEC. ll. DOCUMENTING AND RESPONDING TO pected cost. tine statecraft and are meant to advance a
DISCRIMINATION AGAINST MI- (d) SUBDIVISIONS WITH RESPECT TO CERTAIN country’s foreign objectives without crossing
GRANTS ABROAD. COVERED AGENCIES.—In addition to the ele- a threshold that results in a conventional
(a) INFORMATION TO INCLUDE IN ANNUAL ments described in paragraph (2) with re- military response or open hostilities. Such
COUNTRY REPORTS ON HUMAN RIGHTS PRAC- spect to the agency as a whole, the report re- activities include the following:
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4907
(A) Information warfare, including the nium from foreign sources, including from ‘‘(ii) whether the performance of each such
spreading of disinformation or propaganda. state-owned entities, to supply fuel for com- Armed Force was satisfactory or unsatisfac-
(B) Encouraging internal strife within tar- mercial reactors; and tory in the preceding fiscal year.
get countries. (3) the effects of such reliance and other ‘‘(E) Recommendations of the Secretary to
(C) Coordinated efforts to unduly influence factors on the domestic production, conver- improve—
democratic elections or related political ac- sion, fabrication, and enrichment of ura- ‘‘(i) elements described in subparagraphs
tivities. nium. (A) through (D).
(D) Economic coercion. (c) URANIUM CRITICAL MINERAL DESIGNA- ‘‘(ii) the Uniform Code of Military Justice
(E) Cyber operations, below the threshold TION CHANGE RESTRICTED.—Notwithstanding or the Manual for Courts-Martial to improve
of conflict, aimed at coercion, espionage, or section 7002(c) of the Energy Act of 2020 the prosecution of persons alleged to have
otherwise undermining a target. (Public Law 116-260; 30 U.S.C. 1606(c)), until committed hazing or bullying in the Armed
(F) Support of domestic or foreign proxy the submission of the report required under Forces.
forces. subsection (b), the designation of uranium as ‘‘(F) The status of efforts of the Secretary
(G) Coercive investment and bribery for po- a critical mineral pursuant to such section to evaluate the prevalence of hazing and bul-
litical aims. may not be altered or eliminated. lying in the Armed Forces.
(H) Industrial policy designed to monopo- ‘‘(G) Data on allegations of hazing and bul-
AMENDMENT NO. 102 OFFERED BY MS. CHU OF lying in the Armed Forces, including—
lize a strategic industry or to destroy such
CALIFORNIA ‘‘(i) number of formal, informal, and anon-
an industry in other nations, especially when
coordinated with other gray zone operations. At the appropriate place in title V, insert ymous reports; and
(I) Military, paramilitary, or similar the following: ‘‘(ii) final disposition of investigations.
provocations and operations short of war. ‘‘(H) Plans of the Secretary to improve
SEC. 5ll. IMPROVED DEPARTMENT OF DEFENSE
(J) Government financing or sponsorship of PREVENTION OF AND RESPONSE TO hazing and bullying prevention and response
activities described in subparagraphs (A) BULLYING IN THE ARMED FORCES. during the next reporting year.’’.
through (I). Section 549 of the National Defense Au- AMENDMENT NO. 103 OFFERED BY MS. CHU OF
(2) The term ‘‘gray zone campaigns’’ is the thorization Act for Fiscal Year 2017 (Public CALIFORNIA
use of gray zone operations, including the co- Law 114–328; 10 U.S.C. 113 note) is amended— Add at the end of subtitle B of title XII of
ordination of gray zone operations against (1) in the section heading, by inserting division A the following:
multiple domains, with the goal of achieving ‘‘AND BULLYING’’ after ‘‘HAZING’’; SEC. 12ll. SENSE OF CONGRESS RELATING TO
a political or military objective. (2) in subsection (a)— KABUL AIR STRIKE.
AMENDMENT NO. 100 OFFERED BY MS. CHENEY OF (A) in the heading, by inserting ‘‘and anti- It is the sense of Congress that—
WYOMING bullying’’ after ‘‘Anti-hazing’’; (1) an investigation by the Commander of
Add at the end of subtitle A of title XVI (B) by inserting ‘‘(including formal, infor- United States Central Command, General
the following new section: mal, and anonymous reports)’’ after ‘‘collec- Kenneth F. McKenzie, found that an August
tion of reports’’; and air strike in Kabul resulted in the deaths of
SEC. 16ll. LIMITATION ON AVAILABILITY OF
FUNDS FOR PROTOTYPE PROGRAM (C) by inserting ‘‘or bullying’’ after ‘‘haz- as many as ten civilians, including up to
FOR MULTIGLOBAL NAVIGATION ing’’ both places it appears; seven children;
SATELLITE SYSTEM RECEIVER DE- (3) in subsection (b), by inserting ‘‘and bul- (2) Secretary of Defense, Lloyd J. Austin
VELOPMENT. lying’’ after ‘‘hazing’’; and III, expressed condolences to the surviving
Of the funds authorized to be appropriated (4) in subsection (c)— family members on behalf of the Department
by this Act or otherwise made available for (A) in the heading, by inserting ‘‘and bul- of Defense;
fiscal year 2022 for the Office of the Sec- lying’’ after ‘‘hazing’’; (3) senior defense officials must ensure
retary of the Air Force, not more than 80 (B) in paragraph (1)— that there is full accountability for this
percent may be obligated or expended until (i) in the matter preceding subparagraph tragic mistake;
the date on which the Secretary of Defense— (A)— (4) the Department of Defense must con-
(1) certifies to the congressional defense (I) by striking ‘‘January 31, 2021’’ and in- duct a timely, comprehensive, and trans-
committees that the Secretary of the Air serting ‘‘January 31, 2027’’; and parent investigation into the events that led
Force is carrying out the program required (II) by striking ‘‘each Secretary of a mili- to the deaths of innocent civilians, including
under section 1607 of the National Defense tary department, in consultation with the accountability measures to be taken and
Authorization Act for Fiscal Year 2020 (Pub- Chief of Staff of each Armed Force under the consideration of the degree to which strike
lic Law 116–92; 133 Stat. 1724); and jurisdiction of such Secretary,’’ and insert- authorities, procedures, and processes need
(2) provides to the Committees on Armed ing ‘‘the Secretary of Defense’’; to be altered in the future; and
Services of the House of Representatives and (ii) in subparagraph (A), by inserting ‘‘or (5) while no amount of recompense can
the Senate a briefing on how the Secretary is bullying’’ after ‘‘hazing’’; make up for the loss or grief of the affected
implementing such program, including with (iii) in subparagraph (B), by inserting ‘‘for- families, the United States must provide ap-
respect to addressing each element specified mally, informally, and’’ before ‘‘anony- propriate compensation for those families
in subsection (b) of such section. mously’’; and through the form of ex gratia payments or
AMENDMENT NO. 101 OFFERED BY MS. CHENEY OF (iv) in subparagraph (C), by inserting ‘‘and other means of remuneration.
WYOMING anti-bullying’’ after ‘‘anti-hazing’’; and AMENDMENT NO. 104 OFFERED BY MR. CICILLINE
At the end of subtitle C of title VIII, add (C) in amending paragraph (2) to read as OF RHODE ISLAND
the following new section: follows: At the end of subtitle B of title XIV of di-
SEC. 8ll. ENSURING CONSIDERATION OF THE ‘‘(2) ADDITIONAL ELEMENTS.—Each report vision A, insert the following:
NATIONAL SECURITY IMPACTS OF required by this subsection shall include the SEC. lll. ESTABLISHMENT OF SOUTHERN NEW
URANIUM AS A CRITICAL MINERAL. following: ENGLAND REGIONAL COMMISSION.
(a) IN GENERAL.—The Secretary of Defense, ‘‘(A) A description of comprehensive data- (a) ESTABLISHMENT.—Section 15301(a) of
in coordination with the Secretary of Energy collection systems of each Armed Force de- title 40, United States Code, is amended by
and the Secretary of Commerce, shall con- scribed in subsection (b) and the Office of the adding at the end the following:
duct an assessment of the effect on national Secretary of Defense for collecting hazing or ‘‘(4) The Southern New England Regional
security that would result from uranium bullying reports involving a member of the Commission.’’.
ceasing to be designated as a critical mineral Armed Forces, including formal, informal, (b) DESIGNATION OF REGION.—
by the Secretary of the Interior under sec- and anonymous reports. (1) IN GENERAL.—Subchapter II of chapter
tion 7002(c) of the Energy Act of 2020 (Public ‘‘(B) A description of processes of each 157 of such title is amended by adding at the
Law 116-260; 30 U.S.C. 1606(c)). Armed Force described in subsection (b) to end the following:
(b) REPORT.—The Secretary of Defense identify, document, and report alleged in- ‘‘§ 15734. Southern New England Regional
shall submit to the congressional defense stances of hazing or bullying. Such descrip- Commission
committees a report on the findings of the tion shall include the methodology each such ‘‘The region of the Southern New England
assessment conducted under subsection (a), Armed Force uses to categorize and count Regional Commission shall include the fol-
including— potential instances of hazing or bullying. lowing counties:
(1) the effects of the loss of domestic ura- ‘‘(C) An assessment by each Secretary of a ‘‘(1) RHODE ISLAND.—Each county in the
nium production on— military department of the quality and need State of Rhode Island.
(A) Federal national security programs, in- for training on recognizing and preventing ‘‘(2) CONNECTICUT.—The counties of Hart-
ctelli on DSK11ZRN23PROD with HOUSE
cluding any existing and potential future hazing and bullying provided to members ford, New Haven, Windham, Tolland, Mid-
uses of unobligated uranium originating under the jurisdiction of such Secretary. dlesex, and New London in the State of Con-
from domestic sources; and ‘‘(D) An assessment by the Office of the necticut.
(B) the energy security of the United Secretary of Defense of— ‘‘(3) MASSACHUSETTS.—The counties of
States; ‘‘(i) the effectiveness of each Armed Force Hampden, Plymouth, Barnstable, Essex,
(2) a description of the extent of the reli- described in subsection (b) in tracking and Worcester, and Bristol in the State of Massa-
ance of the United States on imports of ura- reporting instances of hazing or bullying; chusetts.’’.
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H4908 CONGRESSIONAL RECORD — HOUSE September 22, 2021
(2) TECHNICAL AND CONFORMING AMEND- particular sectors, particular adversaries, (B) in the first paragraph (12) (relating to
MENT.—The analysis for Subchapter II of and trends in tactics, techniques, and proce- appointment of a Cybersecurity State Coor-
chapter 157 of such title is amended by add- dures to advise critical infrastructure own- dinator) by striking ‘‘as described in section
ing at the end the following: ers and operators regarding mitigation meas- 2215; and’’ and inserting ‘‘as described in sec-
‘‘15734. Southern New England Regional ures and share information as appropriate; tion 2217;’’;
Commission.’’. ‘‘(3) identify cybersecurity risks in the in- (C) by redesignating the second paragraph
(c) AUTHORIZATION OF APPROPRIATIONS.— formation technology and information sys- (12) (relating to the .gov internet domain) as
The authorization of appropriations in sec- tems that support industrial control systems paragraph (13);
tion 15751 of title 40, United States Code, which could be exploited by adversaries at- (D) in such redesignated paragraph (13), by
shall apply with respect to the Southern New tempting to gain access to such industrial striking ‘‘and’’ after the semicolon;
England Regional Commission beginning control systems, and work with owners and (E) by inserting after such redesignated
with fiscal year 2022. operators to remediate such vulnerabilities; paragraph (13) the following new paragraph:
AMENDMENT NO. 106 OFFERED BY MS. CLARK OF ‘‘(4) produce aggregated, anonymized ana- ‘‘(14) maintain voluntary partnerships with
MASSACHUSETTS lytic products, based on threat hunting and critical infrastructure entities that own or
At the end of title LX, add the following continuous monitoring and detection activi- operate industrial control systems that sup-
new section: ties and partnerships, with findings and rec- port national critical functions, which may
SEC. ll. SENSE OF CONGRESS ON RECOGNIZING ommendations that can be disseminated to include, upon request and subject to the con-
WOMEN IN THE UNITED STATES FOR critical infrastructure owners and operators; sent of the owner or operator, providing
THEIR SERVICE IN WORLD WAR II and technical assistance in the form of contin-
AND RECOGNIZING THE ROLE OF ‘‘(5) support activities authorized in ac- uous monitoring and detection of cybersecu-
REPRESENTATIVE EDITH NOURSE cordance with section 1501 of the National rity risks (as such term is defined in section
ROGERS IN ESTABLISHING THE
Defense Authorization Act for Fiscal Year 2209(a)) in furtherance of section 2220A; and’’;
WOMEN’S ARMY AUXILIARY CORPS
AND THE WOMEN’S ARMY CORPS. 2022. and
‘‘(c) PRIVACY REVIEW.—Not later than 180 (F) by redesignating the third paragraph
It is the sense of Congress that, on the 79th
days after the date of enactment of this Act, (12) (relating to carrying out such other du-
anniversary of the establishment of the
the Privacy Officer of the Agency under sec- ties and responsibilities) as paragraph (15).
Women’s Auxiliary Corps by Congresswoman
tion 2202(h) shall— (2) CONTINUOUS MONITORING AND DETEC-
Edith Nourse Rogers, the United States—
‘‘(1) review the policies, guidelines, and ac- TION.—Section 2209(c)(6) of the Homeland Se-
(1) honors the women who served the
tivities of CyberSentry for compliance with curity Act of 2002 (6 U.S.C. 659) is amended
United States in military capacities during
all applicable privacy laws, including such by inserting ‘‘, which may take the form of
World War II;
laws governing the acquisition, interception, continuous monitoring and detection of cy-
(2) commends those women who, through a
retention, use, and disclosure of commu- bersecurity risks to critical infrastructure
sense of duty and willingness to defy stereo-
nities; and entities that own or operate industrial con-
types and social pressures, performed mili-
‘‘(2) submit to the Committee on Homeland trol systems that support national critical
tary assignments to aid the war effort, al-
Security of the House of Representatives and functions’’ after ‘‘mitigation, and remedi-
lowing for more combat capacity;
the Committee on Homeland Security and ation’’.
(3) recognizes that those women, by serv-
Governmental Affairs of the Senate a report (c) TITLE XXII TECHNICAL AND CLERICAL
ing with diligence and merit, not only
certifying compliance with all applicable pri- AMENDMENTS.—
opened up opportunities for women that had
vacy laws as referred to in paragraph (1), or (1) TECHNICAL AMENDMENTS.—
previously been reserved for men, but also
identifying any instances of noncompliance (A) HOMELAND SECURITY ACT OF 2002.—Sub-
contributed vitally to the victory of the
with such privacy laws. title A of title XXII of the Homeland Secu-
United States and the Allies in World War II; ‘‘(d) REPORT TO CONGRESS.—Not later than
and rity Act of 2002 (6 U.S.C. 651 et seq.) is
one year after the date of the enactment of amended—
(4) honors the contributions of Congress- this Act, the Director shall provide to the
woman Edith Nourse Rogers and her fellow (i) in the first section 2215 (6 U.S.C. 665; re-
Committee on Homeland Security of the lating to the duties and authorities relating
Members of Congress who supported the es- House of Representatives and the Committee
tablishment of the Women’s Army Auxiliary to .gov internet domain), by amending the
on Homeland Security and Governmental Af- section enumerator and heading to read as
Corps and the Women’s Army Corps. fairs of the Senate a briefing and written re- follows:
AMENDMENT NO. 107 OFFERED BY MS. CLARKE OF port on implementation of this section.
NEW YORK ‘‘(e) SAVINGS.—Nothing in this section may ‘‘SEC. 2215. DUTIES AND AUTHORITIES RELATING
TO .GOV INTERNET DOMAIN.’’;
Add at the end of subtitle D of title XV of be construed to permit the Federal Govern-
division A the following: ment to gain access to information of a re- (ii) in the second section 2215 (6 U.S.C. 665b;
SEC. 15ll. CYBERSENTRY PROGRAM OF THE CY- mote computing service provider to the pub- relating to the joint cyber planning office),
BERSECURITY AND INFRASTRUC- lic or an electronic service provider to the by amending the section enumerator and
TURE SECURITY AGENCY. public, the disclosure of which is not per- heading to read as follows:
(a) IN GENERAL.—Title XXII of the Home- mitted under section 2702 of title 18, United ‘‘SEC. 2216. JOINT CYBER PLANNING OFFICE.’’;
land Security Act of 2002 (6 U.S.C. 651 et seq.) States Code. (iii) in the third section 2215 (6 U.S.C. 665c;
is amended by adding at the end the fol- ‘‘(f) DEFINITIONS.—In this section: relating to the Cybersecurity State Coordi-
lowing new section: ‘‘(1) CYBERSECURITY RISK.—The term ‘cy- nator), by amending the section enumerator
‘‘SEC. 2220A. CYBERSENTRY PROGRAM. bersecurity risk’ has the meaning given such and heading to read as follows:
‘‘(a) ESTABLISHMENT.—The Director shall term in section 2209(a). ‘‘SEC. 2217. CYBERSECURITY STATE COORDI-
establish and maintain in the Agency a pro- ‘‘(2) INDUSTRIAL CONTROL SYSTEM.—The NATOR.’’;
gram, to be known as ‘CyberSentry’, to pro- term ‘industrial control system’ means an (iv) in the fourth section 2215 (6 U.S.C. 665d;
vide continuous monitoring and detection of information system used to monitor and/or relating to Sector Risk Management Agen-
cybersecurity risks to critical infrastructure control industrial processes such as manu- cies), by amending the section enumerator
entities that own or operate industrial con- facturing, product handling, production, and and heading to read as follows:
trol systems that support national critical distribution, including supervisory control
‘‘SEC. 2218. SECTOR RISK MANAGEMENT AGEN-
functions, upon request and subject to the and data acquisition (SCADA) systems used CIES.’’;
consent of such owner or operator. to monitor and/or control geographically dis-
‘‘(b) ACTIVITIES.—The Director, through (v) in section 2216 (6 U.S.C. 665e; relating to
persed assets, distributed control systems
CyberSentry, shall— the Cybersecurity Advisory Committee), by
(DCSs), Human-Machine Interfaces (HMIs),
‘‘(1) enter into strategic partnerships with amending the section enumerator and head-
and programmable logic controllers that
critical infrastructure owners and operators ing to read as follows:
control localized processes.
that, in the determination of the Director ‘‘(3) INFORMATION SYSTEM.—The term ‘in- ‘‘SEC. 2219. CYBERSECURITY ADVISORY COM-
and subject to the availability of resources, MITTEE.’’; and
formation system’ has the meaning given
own or operate regionally or nationally sig- such term in section 102 of the Cybersecurity (vi) in section 2217 (6 U.S.C. 665f; relating
nificant industrial control systems that sup- Act of 2015 (enacted as division N of the Con- to Cybersecurity Education and Training
port national critical functions, in order to solidated Appropriations Act, 2016 (Public Programs), by amending the section enu-
provide technical assistance in the form of Law 114–113; 6 U.S.C. 1501(9)).’’. merator and heading to read as follows:
continuous monitoring of industrial control (b) RESPONSIBILITIES OF THE CISA DIRECTOR ‘‘SEC. 2220. CYBERSECURITY EDUCATION AND
systems and the information systems that RELATING TO INDUSTRIAL CONTROL SYSTEMS TRAINING PROGRAMS.’’.
ctelli on DSK11ZRN23PROD with HOUSE
support such systems and detection of cyber- THAT SUPPORT NATIONAL CRITICAL FUNC- (B) CONSOLIDATED APPROPRIATIONS ACT,
security risks to such industrial control sys- TIONS.— 2021.—Paragraph (1) of section 904(b) of divi-
tems and other cybersecurity services, as ap- (1) IN GENERAL.—Subsection (c) of section sion U of the Consolidated Appropriations
propriate, based on and subject to the agree- 2202 of the Homeland Security Act of 2002 (6 Act, 2021 (Public Law 116–260) is amended, in
ment and consent of such owner or operator; U.S.C. 652) is amended— the matter preceding subparagraph (A), by
‘‘(2) leverage sensitive or classified intel- (A) in paragraph (11), by striking ‘‘and’’ inserting ‘‘of 2002’’ after ‘‘Homeland Security
ligence about cybersecurity risks regarding after the semicolon; Act’’.
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4909
(2) CLERICAL AMENDMENT.—The table of ‘‘(11) MANAGED SERVICE PROVIDER.—The anonymized observations, findings, and rec-
contents in section 1(b) of the Homeland Se- term ‘managed service provider’ means an ommendations based on covered cybersecu-
curity Act of 2002 is amended by striking the entity that delivers services, such as net- rity incident reports under subsection (d);
items relating to sections 2214 through 2217 work, application, infrastructure, or security ‘‘(6) leverage information gathered regard-
and inserting the following new items: services, via ongoing and regular support and ing cybersecurity incidents to enhance the
‘‘Sec. 2214. National Asset Database. active administration on customers’ prem- quality and effectiveness of bi-directional in-
‘‘Sec. 2215. Duties and authorities relating ises, in the managed service provider’s data formation sharing and coordination efforts
to .gov internet domain. center (such as hosting), or in a third-party with appropriate stakeholders, including sec-
‘‘Sec. 2216. Joint cyber planning office. data center. tor coordinating councils, information shar-
‘‘Sec. 2217. Cybersecurity State Coordinator. ‘‘(12) SECURITY CONTROL.—The term ‘secu- ing and analysis organizations, technology
‘‘Sec. 2218. Sector Risk Management Agen- rity control’ has the meaning given such providers, cybersecurity and incident re-
cies. term in section 102 of the Cybersecurity Act sponse firms, and security researchers, in-
‘‘Sec. 2219. Cybersecurity Advisory Com- of 2015 (enacted as division N of the Consoli- cluding by establishing mechanisms to re-
mittee. dated Appropriations Act, 2016 (Public Law ceive feedback from such stakeholders re-
‘‘Sec. 2220. Cybersecurity Education and 114–113; 6 U.S.C. 1501)). garding how the Agency can most effectively
Training Programs. ‘‘(13) SECURITY VULNERABILITY.—The term support private sector cybersecurity; and
‘‘Sec. 2220A. CyberSentry program.’’. ‘security vulnerability’ has the meaning ‘‘(6) proactively identify opportunities, in
AMENDMENT NO. 108 OFFERED BY MS. CLARKE OF given such term in section 102 of the Cyber- accordance with the protections specified in
NEW YORK security Act of 2015 (enacted as division N of subsections (e) and (f), to leverage and uti-
Add at the end of subtitle D of title XV of the Consolidated Appropriations Act, 2016 lize data on cybersecurity incidents in a
division A the following: (Public Law 114–113; 6 U.S.C. 1501)). manner that enables and strengthens cyber-
SEC. 15ll. CYBER INCIDENT REVIEW OFFICE.
‘‘(14) SIGNIFICANT CYBER INCIDENT.—The security research carried out by academic
term ‘significant cyber incident’ means a institutions and other private sector organi-
(a) IN GENERAL.—Subtitle A of title XXII of
cyber incident, or a group of related cyber zations, to the greatest extent practicable.
the Homeland Security Act of 2002 (6 U.S.C.
incidents, that the Director determines is ‘‘(d) COVERED CYBERSECURITY INCIDENT RE-
651 et seq.) is amended by adding at the end PORTING REQUIREMENTS AND PROCEDURES.—
the following new section: likely to result in demonstrable harm to the
national security interests, foreign relations, ‘‘(1) IN GENERAL.—Not later than 270 days
‘‘SEC. 2220A. CYBER INCIDENT REVIEW OFFICE. after the date of the enactment of this sec-
or economy of the United States or to the
‘‘(a) DEFINITIONS.—In this section: tion, the Director, in consultation with Sec-
public confidence, civil liberties, or public
‘‘(1) CLOUD SERVICE PROVIDER.—The term tor Risk Management Agencies and the
health and safety of the American people.
‘cloud service provider’ means an entity of- heads of other Federal departments and
‘‘(15) SUPPLY CHAIN ATTACK.—The term
fering products or services related to cloud agencies, as appropriate, shall, after a 60 day
‘supply chain attack’ means an attack that
computing, as defined by the National Insti- consultative period, followed by a 90 day
allows an adversary to utilize implants or
tutes of Standards and Technology in NIST comment period with appropriate stake-
other vulnerabilities inserted into informa-
Special Publication 800–145 and any amend- holders, including sector coordinating coun-
tion technology hardware, software, oper-
atory or superseding document relating cils, publish in the Federal Register an in-
ating systems, peripherals (such as informa-
thereto. terim final rule implementing this section.
tion technology products), or services at any
‘‘(2) COVERED ENTITY.—The term ‘covered Notwithstanding section 553 of title 5, United
point during the life cycle in order to infil-
entity’ means an entity that owns or oper- States Code, such rule shall be effective, on
trate the networks of third parties where
ates critical infrastructure that satisfies the an interim basis, immediately upon publica-
such products, services, or technologies are
definition established by the Director in the tion, but may be subject to change and revi-
deployed.
reporting requirements and procedures ‘‘(b) CYBER INCIDENT REVIEW OFFICE.— sion after public notice and opportunity for
issued pursuant to subsection (d). There is established in the Agency a Cyber comment. The Director shall issue a final
‘‘(3) COVERED CYBSECURITY INCIDENT.—The Incident Review Office (in this section re- rule not later than one year after publica-
term ‘covered cybersecurity incident’ means ferred to as the ‘Office’) to receive, aggre- tion of such interim final rule. Such interim
a cybersecurity incident experienced by a gate, and analyze reports related to covered final rule shall—
covered entity that satisfies the definition cybersecurity incidents submitted by cov- ‘‘(A) require covered entities to submit to
and criteria established by the Director in ered entities in furtherance of the activities the Office reports containing information re-
the reporting requirements and procedures specified in subsection (c) of this section and lating to covered cybersecurity incidents;
issued pursuant to subsection (d). sections 2202(e), 2209(c), and 2203 to enhance and
‘‘(4) CYBER THREAT INDICATOR.—The term the situational awareness of cybersecurity ‘‘(B) establish procedures that clearly de-
‘cyber threat indicator’ has the meaning threats across critical infrastructure sectors. scribe—
given such term in section 102 of the Cyber- ‘‘(c) ACTIVITIES.—The Office shall, in fur- ‘‘(i) the types of critical infrastructure en-
security Act of 2015 (enacted as division N of therance of the activities specified in sec- tities determined to be covered entities;
the Consolidated Appropriations Act, 2016 tions 2202(e), 2209(c), and 2203— ‘‘(ii) the types of cybersecurity incidents
(Public Law 114–113; 6 U.S.C. 1501)). ‘‘(1) receive, aggregate, analyze, and secure determined to be covered cybersecurity inci-
‘‘(5) CYBERSECURITY PURPOSE.—The term reports from covered entities related to a dents;
‘cybersecurity purpose’ has the meaning covered cybersecurity incident to assess the ‘‘(iii) the mechanisms by which covered cy-
given such term in section 102 of the Cyber- effectiveness of security controls and iden- bersecurity incident reports under subpara-
security Act of 2015 (enacted as division N of tify tactics, techniques, and procedures ad- graph (A) are to be submitted, including—
the Consolidated Appropriations Act, 2016 versaries use to overcome such controls; ‘‘(I) the contents, described in paragraph
(Public Law 114-113; 6 U.S.C. 1501). ‘‘(2) facilitate the timely sharing between (4), to be included in each such report, in-
‘‘(6) CYBERSECURITY THREAT.—The term relevant critical infrastructure owners and cluding any supplemental reporting require-
‘cybersecurity threat’ has the meaning given operators and, as appropriate, the intel- ments;
such term in section 102 of the Cybersecurity ligence community of information relating ‘‘(II) the timing relating to when each such
Act of 2015 (enacted as division N of the Con- to covered cybersecurity incidents, particu- report should be submitted; and
solidated Appropriations Act, 2016 (Public larly with respect to an ongoing cybersecu- ‘‘(III) the format of each such report;
Law 114–113; 6 U.S.C. 1501)). rity threat or security vulnerability; ‘‘(iv) describe the manner in which the Of-
‘‘(7) DEFENSIVE MEASURE.—The term ‘defen- ‘‘(3) for a covered cybersecurity incident fice will carry out enforcement actions
sive measure’ has the meaning given such that also satisfies the definition of a signifi- under subsection (g), including with respect
term in section 102 of the Cybersecurity Act cant cyber incident, or are part of a group of to the issuance of subpoenas, conducting ex-
of 2015 (enacted as division N of the Consoli- related cyber incidents that together satisfy aminations, and other aspects relating to
dated Appropriations Act, 2016 (Public Law such definition, conduct a review of the de- noncompliance; and
114–113; 6 U.S.C. 1501)). tails surrounding such covered cybersecurity ‘‘(v) any other responsibilities to be carried
‘‘(8) INFORMATION SHARING AND ANALYSIS incident or group of such incidents and iden- out by covered entities, or other procedures
ORGANIZATION.—The term ‘Information Shar- tify ways to prevent or mitigate similar inci- necessary to implement this section.
ing and Analysis Organization’ has the dents in the future; ‘‘(2) COVERED ENTITIES.—In determining
meaning given such term in section 2222(5). ‘‘(4) with respect to covered cybersecurity which types of critical infrastructure enti-
‘‘(9) INFORMATION SYSTEM.—The term ‘in- incident reports under subsection (d) involv- ties are covered entities for purposes of this
formation system’ has the meaning given ing an ongoing cybersecurity threat or secu- section, the Secretary, acting through the
such term in section 102 of the Cybersecurity rity vulnerability, immediately review such Director, in consultation with Sector Risk
ctelli on DSK11ZRN23PROD with HOUSE
Act of 2015 (enacted as division N of the Con- reports for cyber threat indicators that can Management Agencies and the heads of other
solidated Appropriations Act, 2016 (Public be anonymized and disseminated, with defen- Federal departments and agencies, as appro-
Law 114–113; 6 U.S.C. 1501(9)). sive measures, to appropriate stakeholders, priate, shall consider—
‘‘(10) INTELLIGENCE COMMUNITY.—The term in coordination with other Divisions within ‘‘(A) the consequences that disruption to
‘intelligence community’ has the meaning the Agency, as appropriate; or compromise of such an entity could cause
given the term in section 3(4) of the National ‘‘(5) publish quarterly unclassified, public to national security, economic security, or
Security Act of 1947 (50 U.S.C. 3003(4)). reports that describe aggregated, public health and safety;
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H4910 CONGRESSIONAL RECORD — HOUSE September 22, 2021
‘‘(B) the likelihood that such an entity ‘‘(iii) Unauthorized access or disruption of ‘‘(iii) Where applicable, any identifying in-
may be targeted by a malicious cyber actor, business or industrial operations due to loss formation related to the actor reasonably be-
including a foreign country; of service facilitated through, or caused by a lieved to be responsible for such incident.
‘‘(C) the extent to which damage, disrup- compromise of, a cloud service provider, ‘‘(iv) Where applicable, identification of
tion, or unauthorized access to such and en- managed service provider, other third-party the category or categories of information
tity will disrupt the reliable operation of data hosting provider, or supply chain at- that was, or is reasonably believed to have
other critical infrastructure assets; and tack. been, accessed or acquired by an unauthor-
‘‘(D) the extent to which an entity or sec- ‘‘(5) REPORTS.— ized person.
tor is subject to existing regulatory require- ‘‘(A) TIMING.— ‘‘(v) Contact information, such as tele-
ments to report cybersecurity incidents, and ‘‘(i) IN GENERAL.—The Director, in con- phone number or electronic mail address,
the possibility of coordination and sharing of sultation with Sector Risk Management that the Office may use to contact the cov-
reports between the Office and the regu- Agencies and the heads of other Federal de- ered entity or, where applicable, an author-
latory authority to which such entity sub- partments and agencies, as appropriate, shall ized agent of such covered entity, or, where
mits such other reports. establish reporting timelines for covered en- applicable, the service provider, acting with
‘‘(3) OUTREACH TO COVERED ENTITIES.— tities to submit promptly to the Office cov- the express permission, and at the direction,
‘‘(A) IN GENERAL.—The Director shall con- ered cybersecurity incident reports, as the of such covered entity, to assist with compli-
duct an outreach and education campaign to Director determines reasonable and appro- ance with the requirements of this section.
inform covered entities of the requirements priate based on relevant factors, such as the ‘‘(6) RESPONSIBILITIES OF COVERED ENTI-
nature, severity, and complexity of the cov- TIES.—Covered entities that experience a
of this section.
ered cybersecurity incident at issue and the covered cybersecurity incident shall coordi-
‘‘(B) ELEMENTS.—The outreach and edu-
time required for investigation, but in no nate with the Office to the extent necessary
cation campaign under subparagraph (A)
case may the Director require reporting by a to comply with this section, and, to the ex-
shall include the following:
covered entity earlier than 72 hours after tent practicable, cooperate with the Office in
‘‘(i) Overview of the interim final rule and
confirmation that a covered cybersecurity a manner that supports enhancing the Agen-
final rule issued pursuant to this section.
incident has occurred. cy’s situational awareness of cybersecurity
‘‘(ii) Overview of reporting requirements
‘‘(ii) CONSIDERATIONS.—In determining re- threats across critical infrastructure sectors.
and procedures issued pursuant to paragraph porting timelines under clause (i), the Direc- ‘‘(7) HARMONIZING REPORTING REQUIRE-
(1). tor shall— MENTS.—In establishing the reporting re-
‘‘(iii) Overview of mechanisms to submit to ‘‘(I) consider any existing regulatory re- quirements and procedures under paragraph
the Office covered cybersecurity incident re- porting requirements, similar in scope pur- (1), the Director shall, to the maximum ex-
ports and information relating to the disclo- pose, and timing to the reporting require- tent practicable—
sure, retention, and use of incident reports ments under this section, to which a covered ‘‘(A) review existing regulatory require-
under this section. entity may also be subject, and make efforts ments, including the information required in
‘‘(iv) Overview of the protections afforded to harmonize the timing and contents of any such reports, to report cybersecurity inci-
to covered entities for complying with re- such reports to the maximum extent prac- dents that may apply to covered entities,
quirements under subsection (f). ticable; and and ensure that any such reporting require-
‘‘(v) Overview of the steps taken under sub- ‘‘(II) balance the Agency’s need for situa- ments and procedures avoid conflicting, du-
section (g) when a covered entity is not in tional awareness with a covered entity’s plicative, or burdensome requirements; and
compliance with the reporting requirements ability to conduct incident response and in- ‘‘(B) coordinate with other regulatory au-
under paragraph (1). vestigations. thorities that receive reports relating to cy-
‘‘(C) COORDINATION.—The Director may ‘‘(B) THIRD PARTY REPORTING.— bersecurity incidents to identify opportuni-
conduct the outreach and education cam- ‘‘(i) IN GENERAL.—A covered entity may ties to streamline reporting processes, and
paign under subparagraph (A) through co- submit a covered cybersecurity incident re- where feasible, enter into agreements with
ordination with the following: port through a third party entity or Informa- such authorities to permit the sharing of
‘‘(i) The Critical Infrastructure Partner- tion Sharing and Analysis Organization. such reports with the Office, consistent with
ship Advisory Council established pursuant ‘‘(ii) DUTY TO ENSURE COMPLIANCE.—Third applicable law and policy, without impacting
to section 871. party reporting under this subparagraph the Office’s ability to gain timely situa-
‘‘(ii) Information Sharing and Analysis Or- does not relieve a covered entity of the duty tional awareness of a covered cybersecurity
ganizations. to ensure compliance with the requirements incident or significant cyber incident.
‘‘(iii) Any other means the Director deter- of this paragraph. ‘‘(e) DISCLOSURE, RETENTION, AND USE OF
mines to be effective to conduct such cam- ‘‘(C) SUPPLEMENTAL REPORTING.—A covered INCIDENT REPORTS.—
paign. entity shall submit promptly to the Office, ‘‘(1) AUTHORIZED ACTIVITIES.—No informa-
‘‘(4) COVERED CYBERSECURITY INCIDENTS.— until such date that such covered entity no- tion provided to the Office in accordance
‘‘(A) CONSIDERATIONS.—In accordance with tifies the Office that the cybersecurity inci- with subsections (d) or (h) may be disclosed
subparagraph (B), in determining which dent investigation at issue has concluded to, retained by, or used by any Federal de-
types of incidents are covered cybersecurity and the associated covered cybersecurity in- partment or agency, or any component, offi-
incidents for purposes of this section, the Di- cident has been fully mitigated and resolved, cer, employee, or agent of the Federal Gov-
rector shall consider— periodic updates or supplements to a pre- ernment, except if the Director determines
‘‘(i) the sophistication or novelty of the viously submitted covered cybersecurity in- such disclosure, retention, or use is nec-
tactics used to perpetrate such an incident, cident report if new or different information essary for—
as well as the type, volume, and sensitivity becomes available that would otherwise have ‘‘(A) a cybersecurity purpose;
of the data at issue; been required to have been included in such ‘‘(B) the purpose of identifying—
‘‘(ii) the number of individuals directly or previously submitted report. In determining ‘‘(i) a cybersecurity threat, including the
indirectly affected or potentially affected by reporting timelines, the Director may choose source of such threat; or
such an incident; and to establish a flexible, phased reporting ‘‘(ii) a security vulnerability;
‘‘(iii) potential impacts on industrial con- timeline for covered entities to report infor- ‘‘(C) the purpose of responding to, or other-
trol systems, such as supervisory control and mation in a manner that aligns with inves- wise preventing, or mitigating a specific
data acquisition systems, distributed control tigative timelines and allows covered enti- threat of—
systems, and programmable logic control- ties to prioritize incident response efforts ‘‘(i) death;
lers. over compliance. ‘‘(ii) serious bodily harm; or
‘‘(B) MINIMUM THRESHOLDS.—For a cyberse- ‘‘(D) CONTENTS.—Covered cybersecurity in- ‘‘(iii) serious economic harm, including a
curity incident to be considered a covered cident reports submitted pursuant to this terrorist act or a use of a weapon of mass de-
cybersecurity incident a cybersecurity inci- section shall contain such information as the struction;
dent shall, at a minimum, include at least Director prescribes, including the following ‘‘(D) the purpose of responding to, inves-
one of the following: information, to the extent applicable and tigating, prosecuting, or otherwise pre-
‘‘(i) Unauthorized access to an information available, with respect to a covered cyberse- venting or mitigating a serious threat to a
system or network that leads to loss of con- curity incident: minor, including sexual exploitation or
fidentiality, integrity, or availability of such ‘‘(i) A description of the covered cybersecu- threats to physical safety; or
information system or network, or has a se- rity incident, including identification of the ‘‘(E) the purpose of preventing, inves-
rious impact on the safety and resiliency of affected information systems, networks, or tigating, disrupting, or prosecuting an of-
operational systems and processes. devices that were, or are reasonably believed fense related to a threat—
ctelli on DSK11ZRN23PROD with HOUSE
‘‘(ii) Disruption of business or industrial to have been, affected by such incident, and ‘‘(i) described in subparagraphs (B) through
operations due to a denial of service attack, the estimated date range of such incident. (D); or
a ransomware attack, or exploitation of a ‘‘(ii) Where applicable, a description of the ‘‘(ii) specified in section 105(d)(5)(A)(v) of
zero-day vulnerability, against— vulnerabilities exploited and the security de- the Cybersecurity Act of 2015 (enacted as di-
‘‘(I) an information system or network; or fenses that were in place, as well as the tac- vision N of the Consolidated Appropriations
‘‘(II) an operational technology system or tics, techniques, and procedures relevant to Act, 2016 (Public Law 114–113; 6 U.S.C.
process. such incident. 1504(d)(5)(A)(v))).
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4911
‘‘(2) EXCEPTIONS.— tor is unable to obtain such information section (e)(4) and paragraph (2)(B), if the Di-
‘‘(A) RAPID, CONFIDENTIAL, BI-DIRECTIONAL through such engagement, by issuing a sub- rector determines, based on the information
SHARING OF CYBER THREAT INDICATORS.—Upon poena to such covered entity, subject to provided in response to a subpoena issued
receiving a covered cybersecurity incident paragraph (3), to gather information suffi- pursuant to paragraph (3) or identified in the
report submitted pursuant to this section, cient to determine whether such incident is course of an examination under subpara-
the Office shall immediately review such re- a covered cybersecurity incident, and if so, graph (A), that the facts relating to the cy-
port to determine whether the incident that whether additional action is warranted pur- bersecurity incident at issue may constitute
is the subject of such report is connected to suant to paragraph (4). grounds for a regulatory enforcement action
an ongoing cybersecurity threat or security ‘‘(2) INITIAL REQUEST FOR INFORMATION.— or criminal prosecution, the Director may
vulnerability and where applicable, use such ‘‘(A) IN GENERAL.—If the Director has rea- provide such information to the Attorney
report to identify, develop, and rapidly dis- son to believe, whether through public re- General or the appropriate regulator, who
seminate to appropriate stakeholders action- porting, intelligence gathering, or other in- may use such information for a regulatory
able, anonymized cyber threat indicators and formation in the Federal Government’s pos- enforcement action or criminal prosecution.
defensive measures. session, that a covered entity has experi- ‘‘(h) VOLUNTARY REPORTING OF CYBER INCI-
‘‘(B) PRINCIPLES FOR SHARING SECURITY enced a cybersecurity incident that may be a DENTS.—The Agency shall receive cybersecu-
VULNERABILITIES.—With respect to informa- covered cybersecurity incident but did not rity incident reports submitted voluntarily
tion in a covered cybersecurity incident re- submit pursuant to subsection (d) to the Of- by entities that are not covered entities, or
port regarding a security vulnerability re- fice a covered cybersecurity incident report concerning cybersecurity incidents that do
ferred to in paragraph (1)(B)(ii), the Director relating thereto, the Director may request not satisfy the definition of covered cyberse-
shall develop principles that govern the tim- information from such covered entity to con- curity incidents but may nevertheless en-
ing and manner in which information relat- firm whether the cybersecurity incident at hance the Agency’s situational awareness of
ing to security vulnerabilities may be issue is a covered cybersecurity incident, and cybersecurity threats across critical infra-
shared, consistent with common industry determine whether further examination into structure sectors. The protections under this
best practices and United States and inter- the details surrounding such incident are section applicable to covered cybersecurity
national standards. warranted pursuant to paragraph (4). incident reports shall apply in the same
‘‘(3) PRIVACY AND CIVIL LIBERTIES.—Infor- ‘‘(B) TREATMENT.—Information provided to manner and to the same extent to volun-
mation contained in reports submitted to the Office in response to a request under sub- tarily-submitted cybersecurity incident re-
the Office pursuant to subsections (d) and (h) paragraph (A) shall be treated as if such in- ports under this subsection.
shall be retained, used, and disseminated, formation was submitted pursuant to the re- ‘‘(i) NOTIFICATION TO IMPACTED COVERED
where permissible and appropriate, by the porting procedures established in accordance ENTITIES.—If the Director receives informa-
Federal Government in a manner consistent with subsection (d). tion regarding a cybersecurity incident im-
with processes for the protection of personal ‘‘(3) AUTHORITY TO ISSUE SUBPOENAS.— pacting a Federal agency relating to unau-
information adopted pursuant to section 105 ‘‘(A) IN GENERAL.—If, after the date that is thorized access to data provided to such Fed-
of the Cybersecurity Act of 2015 (enacted as seven days from the date on which the Direc- eral agency by a covered entity, and with re-
division N of the Consolidated Appropria- tor made a request for information in para- spect to which such incident is likely to un-
tions Act, 2016 (Public Law 114–113; 6 U.S.C. graph (2), the Director has received no re- dermine the security of such covered entity
1504)). sponse from the entity from which such in- or cause operational or reputational damage
‘‘(4) PROHIBITION ON USE OF INFORMATION IN formation was requested, or received an in- to such covered entity, the Director shall, to
REGULATORY ACTIONS.— adequate response, the Director may issue to the extent practicable, notify such covered
‘‘(A) IN GENERAL.—Information contained such entity a subpoena to compel disclosure entity and provide to such covered entity
in reports submitted to the Office pursuant of information the Director considers nec- such information regarding such incident as
to subsections (d) and (h) may not be used by essary to determine whether a covered cy- is necessary to enable such covered entity to
any Federal, State, Tribal, or local govern- bersecurity incident has occurred and assess address any such security risk or operational
ment to regulate, including through an en- potential impacts to national security, eco- or reputational damage arising from such in-
forcement action, the lawful activities of nomic security, or public health and safety, cident.
any non-Federal entity. determine whether further examination into ‘‘(j) EXEMPTION.—Subchapter I of chapter
‘‘(B) EXCEPTION.—A report submitted to the details surrounding such incident are 35 of title 44, United States Code, does not
the Agency pursuant to subsection (d) or (h) warranted pursuant to paragraph (4), and if apply to any action to carry out this section.
may, consistent with Federal or State regu- so, compel disclosure of such information as ‘‘(k) SAVING PROVISION.—Nothing in this
latory authority specifically relating to the is necessary to carry out activities described section may be construed as modifying, su-
prevention and mitigation of cybersecurity in subsection (c). perseding, or otherwise affecting in any man-
threats to information systems, inform the ‘‘(B) CIVIL ACTION.—If a covered entity does ner any regulatory authority held by a Fed-
development or implementation of regula- not comply with a subpoena, the Director eral department or agency, including Sector
tions relating to such systems. may bring a civil action in a district court of Risk Management Agencies, existing on the
‘‘(f) PROTECTIONS FOR REPORTING ENTITIES the United States to enforce such subpoena. day before the date of the enactment of this
AND INFORMATION.—Reports describing cov- An action under this paragraph may be section, or any existing regulatory require-
ered cybersecurity incidents submitted to brought in the judicial district in which the ments or obligations that apply to covered
the Office by covered entities in accordance entity against which the action is brought entities.’’.
with subsection (d), as well as voluntarily- resides, is found, or does business. The court (b) REPORTS.—
submitted cybersecurity incident reports may punish a failure to obey an order of the (1) ON STAKEHOLDER ENGAGEMENT.—Not
submitted to the Office pursuant to sub- court to comply with the subpoena as a con- later than 30 days before the date on which
section (h), shall be— tempt of court. that the Director of the Cybersecurity and
‘‘(1) entitled to the protections against li- ‘‘(C) NON-APPLICABILITY OF PROTECTIONS.— Infrastructure Security Agency of the De-
ability described in section 106 of the Cyber- The protections described in subsection (f) partment of Homeland Security intends to
security Act of 2015 (enacted as division N of do not apply to a covered entity that is the issue an interim final rule under subsection
the Consolidated Appropriations Act, 2016 recipient of a subpoena under this paragraph (d)(1) of section 2220A of the Homeland Secu-
(Public Law 114–113; 6 U.S.C. 1505)); (3). rity Act of 2002 (as added by subsection (a)),
‘‘(2) exempt from disclosure under section ‘‘(4) ADDITIONAL ACTIONS.— the Director shall submit to the Committee
552 of title 5, United States Code, as well as ‘‘(A) EXAMINATION.—If, based on the infor- on Homeland Security of the House of Rep-
any provision of State, Tribal, or local free- mation provided in response to a subpoena resentatives and the Committee on Home-
dom of information law, open government issued pursuant to paragraph (3), the Direc- land Security and Governmental Affairs of
law, open meetings law, open records law, tor determines that the cybersecurity inci- the Senate a report that describes how the
sunshine law, or similar law requiring disclo- dent at issue is a significant cyber incident, Director engaged stakeholders in the devel-
sure of information or records; and or is part of a group of related cybersecurity opment of such interim final rules.
‘‘(3) considered the commercial, financial, incidents that together satisfy the definition (2) ON OPPORTUNITIES TO STRENGTHEN CY-
and proprietary information of the covered of a significant cyber incident, and a more BERSECURITY RESEARCH.—Not later than one
entity when so designated by the covered en- thorough examination of the details sur- year after the date of the enactment of this
tity. rounding such incident is warranted in order Act, the Director of the Cybersecurity and
‘‘(g) NONCOMPLIANCE WITH REQUIRED RE- to carry out activities described in sub- Infrastructure Security Agency of the De-
PORTING.— section (c), the Director may direct the Of- partment of Homeland Security shall submit
‘‘(1) PURPOSE.—In the event a covered enti- fice to conduct an examination of such inci- to the Committee on Homeland Security of
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ty experiences a cybersecurity incident but dent in order to enhance the Agency’s situa- the House of Representatives and the Com-
does not comply with the reporting require- tional awareness of cybersecurity threats mittee on Homeland Security and Govern-
ments under this section, the Director may across critical infrastructure sectors, in a mental Affairs of the Senate a report de-
obtain information about such incident by manner consistent with privacy and civil lib- scribing how the Cyber Incident Review Of-
engaging directly such covered entity in ac- erties protections under applicable law. fice of the Department of Homeland Security
cordance with paragraph (2) to request infor- ‘‘(B) PROVISION OF CERTAIN INFORMATION TO (established pursuant to section 2220A of the
mation about such incident, or, if the Direc- ATTORNEY GENERAL.—Notwithstanding sub- Homeland Security Act of 2002, as added by
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H4912 CONGRESSIONAL RECORD — HOUSE September 22, 2021
subsection (a)) has carried out activities AMENDMENT NO. 109 OFFERED BY MR. CLEAVER countries have repeatedly misused
under subsection (c)(6) of such section 2220A OF MISSOURI INTERPOL’s databases and processes, in-
by proactively identifying opportunities to In title LI of division E, after section 5105, cluding Notice and Diffusion mechanisms,
use cybersecurity incident data to inform insert the following: for activities of an overtly political or other
and enable cybersecurity research carried unlawful character and in violation of inter-
out by academic institutions and other pri- SEC. 5106. AML EXAMINATION AUTHORITY DELE- national human rights standards, including
GATION STUDY.
vate sector organizations. making requests to harass or persecute polit-
(c) TITLE XXII TECHNICAL AND CLERICAL (a) STUDY.—The Secretary of the Treasury ical opponents, human rights defenders, or
AMENDMENTS.— shall carry out a study, in consultation with journalists.
(1) TECHNICAL AMENDMENTS.— State bank supervisors (as defined under sec- (c) SUPPORT FOR INTERPOL INSTITUTIONAL
(A) HOMELAND SECURITY ACT OF 2002.—Sub- tion 3 of the Federal Deposit Insurance Act REFORMS.—The Attorney General and the
title A of title XXII of the Homeland Secu- (12 U.S.C. 1813)), and other relevant stake- Secretary of State shall—
rity Act of 2002 (6 U.S.C. 651 et seq.) is holders, on the Secretary’s delegation of ex- (1) use the voice, vote, and influence of the
amended— amination authority under the Bank Secrecy United States, as appropriate, within
(i) in section 2202 (6 U.S.C. 652)— Act, including— INTERPOL’s General Assembly and Execu-
(I) in paragraph (11), by striking ‘‘and’’ (1) an evaluation of the efficacy of the del- tive Committee to promote reforms aimed at
after the semicolon; egation, especially with respect to the mis- improving the transparency of INTERPOL
(II) in the first paragraph (12) (relating to sion of the Bank Secrecy Act; and ensuring its operation consistent with
appointment of a Cybersecurity State Coor- (2) whether the delegated agencies have ap- its Constitution, particularly articles 2 and
dinator) by striking ‘‘as described in section propriate resources to perform their dele- 3, and Rules on the Processing of Data, in-
2215; and’’ and inserting ‘‘as described in sec- gated responsibilities; and cluding—
tion 2217;’’; (3) whether the examiners in delegated (A) supporting INTERPOL’s reforms en-
(III) by redesignating the second paragraph agencies have sufficient training and support hancing the screening process for Notices,
(12) (relating to the .gov internet domain) as to perform their responsibilities. Diffusions, and other INTERPOL commu-
paragraph (13); and (b) REPORT.—Not later than 1 year after nications to ensure they comply with
(IV) by redesignating the third paragraph the date of enactment of this Act, the Sec- INTERPOL’s Constitution and Rules on the
(12) (relating to carrying out such other du- retary of the Treasury shall submit to the Processing of Data (RPD);
ties and responsibilities) as paragraph (14); Committee on Financial Services of the (B) supporting and strengthening
(ii) in the first section 2215 (6 U.S.C. 665; re- House of Representatives and the Committee INTERPOL’s coordination with the Commis-
lating to the duties and authorities relating on Banking, Housing, and Urban Affairs of sion for Control of INTERPOL’s Files (CCF)
to .gov internet domain), by amending the the Senate a report containing— in cases in which INTERPOL or the CCF has
section enumerator and heading to read as (1) all findings and determinations made in determined that a member country issued a
follows: carrying out the study required under sub- Notice, Diffusion, or other INTERPOL com-
‘‘SEC. 2215. DUTIES AND AUTHORITIES RELATING section (a); and munication against an individual in viola-
TO .GOV INTERNET DOMAIN.’’; (2) recommendations to improve the effi- tion of articles 2 or 3 of the INTERPOL Con-
(iii) in the second section 2215 (6 U.S.C. cacy of delegation authority, including the stitution, or the RPD, to prohibit such mem-
665b; relating to the joint cyber planning of- potential for de-delegation of any or all such ber country from seeking the publication or
fice), by amending the section enumerator authority where it may be appropriate. issuance of any subsequent Notices, Diffu-
and heading to read as follows: (c) BANK SECRECY ACT DEFINED.—The term sions, or other INTERPOL communication
‘‘SEC. 2216. JOINT CYBER PLANNING OFFICE.’’; ‘‘Bank Secrecy Act’’ has the meaning given against the same individual based on the
(iv) in the third section 2215 (6 U.S.C. 665c; that term under section 5312 of title 31, same set of claims or facts;
relating to the Cybersecurity State Coordi- United States Code. (C) increasing, to the extent practicable,
nator), by amending the section enumerator dedicated funding to the CCF and the No-
AMENDMENT NO. 110 OFFERED BY MR. COHEN OF
tices and Diffusions Task Force in order to
and heading to read as follows: TENNESSEE
further expand operations related to the re-
‘‘SEC. 2217. CYBERSECURITY STATE COORDI- Add at the end of subtitle C of title XIII of
NATOR.’’; view of requests for red notices and red diffu-
division A the following: sions;
(v) in the fourth section 2215 (6 U.S.C. 665d;
SEC. lll. TRANSNATIONAL REPRESSION AC- (D) supporting candidates for positions
relating to Sector Risk Management Agen-
COUNTABILITY AND PREVENTION. within INTERPOL’s structures, including
cies), by amending the section enumerator
(a) FINDINGS.—Congress makes the fol- the Presidency, Executive Committee, Gen-
and heading to read as follows:
lowing findings: eral Secretariat, and CCF who have dem-
‘‘SEC. 2218. SECTOR RISK MANAGEMENT AGEN-
CIES.’’; (1) The International Criminal Police Or- onstrated experience relating to and respect
ganization (INTERPOL) works to prevent for the rule of law;
(vi) in section 2216 (6 U.S.C. 665e; relating
and fight crime through enhanced coopera- (E) seeking to require INTERPOL in its an-
to the Cybersecurity Advisory Committee),
tion and innovation on police and security nual report to provide a detailed account,
by amending the section enumerator and
matters, including kleptocracy, counterter- disaggregated by member country or entity
heading to read as follows:
rorism, cybercrime, counternarcotics, and of—
‘‘SEC. 2219. CYBERSECURITY ADVISORY COM-
MITTEE.’’; and transnational organized crime. (i) the number of Notice requests,
(2) United States membership and partici- disaggregated by color, that it received;
(vii) in section 2217 (6 U.S.C. 665f; relating
pation in INTERPOL advances the national (ii) the number of Notice requests,
to Cybersecurity Education and Training
security and law enforcement interests of disaggregated by color, that it rejected;
Programs), by amending the section enu-
the United States related to combating (iii) the category of violation identified in
merator and heading to read as follows:
kleptocracy, terrorism, cybercrime, nar- each instance of a rejected Notice;
‘‘SEC. 2220. CYBERSECURITY EDUCATION AND
TRAINING PROGRAMS.’’.
cotics, and transnational organized crime. (iv) the number of Diffusions that it can-
(3) Article 2 of INTERPOL’s Constitution celled without reference to decisions by the
(B) CONSOLIDATED APPROPRIATIONS ACT,
states that the organization aims ‘‘øto¿ en- CCF; and
2021.—Paragraph (1) of section 904(b) of divi-
sure and promote the widest possible mutual (v) the sources of all INTERPOL income
sion U of the Consolidated Appropriations
assistance between all criminal police au- during the reporting period; and
Act, 2021 (Public Law 116–260) is amended, in
thorities . . . in the spirit of the ‘Universal (F) supporting greater transparency by the
the matter preceding subparagraph (A), by
Declaration of Human Rights’ ’’. CCF in its annual report by providing a de-
inserting ‘‘of 2002’’ after ‘‘Homeland Security
(4) Article 3 of INTERPOL’s Constitution tailed account, disaggregated by country,
Act’’.
states that ‘‘øi¿t is strictly forbidden for the of—
(2) CLERICAL AMENDMENT.—The table of
Organization to undertake any intervention (i) the number of admissible requests for
contents in section 1(b) of the Homeland Se-
or activities of a political, military, reli- correction or deletion of data received by the
curity Act of 2002 is amended by striking the
gious or racial character’’. CCF regarding issued Notices, Diffusions,
items relating to sections 2214 through 2217
(5) These principles provide INTERPOL and other INTERPOL communications; and
and inserting the following new items:
with a foundation based on respect for (ii) the category of violation alleged in
‘‘Sec. 2214. National Asset Database. human rights and avoidance of politically each such complaint;
‘‘Sec. 2215. Duties and authorities relating motivated actions by the organization and (2) inform the INTERPOL General Secre-
to .gov internet domain. its members. tariat about incidents in which member
‘‘Sec. 2216. Joint cyber planning office.
‘‘Sec. 2217. Cybersecurity State Coordinator. (6) According to the Justice Manual of the countries abuse INTERPOL communications
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‘‘Sec. 2218. Sector Risk Management Agen- United States Department of Justice, ‘‘øi¿n for politically motivated or other unlawful
cies. the United States, national law prohibits the purposes so that, as appropriate, action can
‘‘Sec. 2219. Cybersecurity Advisory Com- arrest of the subject of a Red Notice issued be taken by INTERPOL; and
mittee. by another INTERPOL member country, (3) request to censure member countries
‘‘Sec. 2220. Cybersecurity Education and based upon the notice alone’’. that repeatedly abuse and misuse
Training Programs. (b) SENSE OF CONGRESS.—It is the sense of INTERPOL’s red notice and red diffusion
‘‘Sec. 2220A. Cyber Incident Review Office.’’. Congress that some INTERPOL member mechanisms, including restricting the access
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4913
of those countries to INTERPOL’s data and fundamental freedoms, citizens and nation- (3) SIGNIFICANT CORRUPTION.—The term
information systems. als of the United States, employees of the ‘‘significant corruption’’ means corruption
(d) REPORT ON INTERPOL.— United States Government, aliens lawfully committed at a high level of government
(1) IN GENERAL.—Not later than 180 days admitted for permanent residence in the that has some or all of the following charac-
after the date of enactment of this Act, and United States, aliens who are lawfully teristics:
biannually thereafter for a period of 4 years, present in the United States, or aliens with (A) Illegitimately distorts major decision-
the Attorney General and the Secretary of pending asylum, withholding of removal, or making, such as policy or resource deter-
State, in consultation with the heads of convention against torture claims, though minations, or other fundamental functions of
other relevant United States Government de- they may be unlawfully present in the governance.
partments or agencies, shall submit to the United States. (B) Involves economically or socially
appropriate committees of Congress a report (3) FORM OF REPORT.—Each report required large-scale government activities.
containing an assessment of how INTERPOL under this subsection shall be submitted in (b) PUBLICATION OF TIERED RANKING LIST.—
member countries abuse INTERPOL Red No- unclassified form, but may include a classi- (1) IN GENERAL.—The Secretary of State
tices, Diffusions, and other INTERPOL com- fied annex, as appropriate. The unclassified shall annually publish, on a publicly acces-
munications for political motives and other portion of the report shall be posted on a sible website, a tiered ranking of all foreign
unlawful purposes within the past three publicly available website of the Department countries.
years. of State and of the Department of Justice. (2) TIER 1 COUNTRIES.—A country shall be
(2) ELEMENTS.—The report required under (4) BRIEFING.—Not later than 30 days after ranked as a tier 1 country in the ranking
paragraph (1) shall include the following ele- the submission of each report under para- published under paragraph (1) if the govern-
ments: graph (1), the Department of Justice and the ment of such country is complying with the
(A) A list of countries that the Attorney Department of State, in coordination with minimum standards set forth in section 4.
General and the Secretary determine have other relevant United States Government de- (3) TIER 2 COUNTRIES.—A country shall be
repeatedly abused and misused the red notice partments and agencies, shall brief the ap- ranked as a tier 2 country in the ranking
and red diffusion mechanisms for political propriate committees of Congress on the published under paragraph (1) if the govern-
purposes. content of the reports and recent instances ment of such country is making efforts to
(B) A description of the most common tac- of INTERPOL abuse by member countries comply with the minimum standards set
tics employed by member countries in con- and United States efforts to identify and forth in section 4, but is not achieving the
ducting such abuse, including the crimes challenge such abuse, including efforts to requisite level of compliance to be ranked as
most commonly alleged and the INTERPOL a tier 1 country.
promote reform and good governance within
communications most commonly exploited. (4) TIER 3 COUNTRIES.—A country shall be
INTERPOL.
(C) An assessment of the adequacy of (e) PROHIBITION REGARDING BASIS FOR EX- ranked as a tier 3 country in the ranking
INTERPOL mechanisms for challenging abu- TRADITION.—No United States Government
published under paragraph (1) if the govern-
sive requests, including the Commission for ment of such country is making de minimis
department or agency may extradite an indi-
the Control of INTERPOL’s Files (CCF), an or no efforts to comply with the minimum
vidual based solely on an INTERPOL Red
assessment of the CCF’s March 2017 Oper- standards set forth in subsection (c).
Notice or Diffusion issued by another (c) MINIMUM STANDARDS FOR THE ELIMI-
ating Rules, and any shortcoming the United
INTERPOL member country for such indi- NATION OF CORRUPTION AND ASSESSMENT OF
States believes should be addressed.
vidual. EFFORTS TO COMBAT CORRUPTION.—
(D) A description of how INTERPOL’s Gen-
(f) DEFINITIONS.—In this section: (1) IN GENERAL.—The government of a
eral Secretariat identifies requests for red
(1) APPROPRIATE COMMITTEES OF CON- country is complying with the minimum
notice or red diffusions that are politically
GRESS.—The term ‘‘appropriate committees
motivated or are otherwise in violation of standards for the elimination of corruption if
of Congress’’ means— the government—
INTERPOL’s rules and how INTERPOL re-
(A) the Committee on Foreign Relations (A) has enacted and implemented laws and
views and addresses cases in which a member
and the Committee on the Judiciary of the established government structures, policies,
country has abused or misused the red notice
Senate; and and practices that prohibit corruption, in-
and red diffusion mechanisms for overtly po-
litical purposes. (B) the Committee on Foreign Affairs and cluding significant corruption;
(E) A description of any incidents in which the Committee on the Judiciary of the House (B) enforces the laws described in subpara-
the Department of Justice assesses that of Representatives. graph (A) by punishing any person who is
United States courts and executive depart- (2) INTERPOL COMMUNICATIONS.—The term found, through a fair judicial process, to
ments or agencies have relied on INTERPOL ‘‘INTERPOL communications’’ means any have violated such laws;
communications in contravention of existing INTERPOL Notice or Diffusion or any entry (C) prescribes punishment for significant
law or policy to seek the detention of indi- into any INTERPOL database or other com- corruption that is commensurate with the
viduals or render judgments concerning their munications system maintained by punishment prescribed for serious crimes;
immigration status or requests for asylum, INTERPOL. and
with holding of removal, or convention (g) INTERPOL RED NOTICES.—Chapter 53 of (D) is making serious and sustained efforts
against torture claims and any measures the title 31, United States Code, is amended by to address corruption, including through pre-
Department of Justice or other executive de- adding at the end the following: vention.
partments or agencies took in response to ‘‘SEC. 5337 INTERPOL RED NOTICES. (2) FACTORS FOR ASSESSING GOVERNMENT EF-
these incidents. ‘‘(b) TERMINATION.—A financial institution FORTS TO COMBAT CORRUPTION.—In deter-
(F) A description of how the United States may not terminate any service such finan- mining whether a government is making se-
monitors and responds to likely instances of cial institution offers to a person with re- rious and sustained efforts to address corrup-
abuse of INTERPOL communications by spect to whom the International Criminal tion, the Secretary of State shall consider,
member countries that could affect the in- Police Organization has issued a Red Notice to the extent relevant or appropriate, factors
terests of the United States, including citi- solely on the basis of the issuance of such such as—
zens and nationals of the United States, em- Red Notice. (A) whether the government of the country
ployees of the United States Government, ‘‘(c) EXCLUSION.—A financial institution has criminalized corruption, investigates and
aliens lawfully admitted for permanent resi- may not exclude from any service offered by prosecutes acts of corruption, and convicts
dence in the United States, aliens who are such financial institution a person with re- and sentences persons responsible for such
lawfully present in the United States, or spect to whom the International Criminal acts over which it has jurisdiction, includ-
aliens with pending asylum, withholding of Police Organization issued a Red Notice sole- ing, as appropriate, incarcerating individuals
removal, or convention against torture ly on the basis of the issuance of such Red convicted of such acts;
claims, though they may be unlawfully Notice.’’. (B) whether the government of the country
present in the United States. SEC. lll. COMBATING GLOBAL CORRUPTION. vigorously investigates, prosecutes, con-
(G) A description of what actions the (a) DEFINITIONS.—In this section: victs, and sentences public officials who par-
United States takes in response to credible (1) CORRUPT ACTOR.—The term ‘‘corrupt ticipate in or facilitate corruption, including
information it receives concerning likely actor’’ means— nationals of the country who are deployed in
abuse of INTERPOL communications tar- (A) any foreign person or entity that is a foreign military assignments, trade delega-
geting employees of the United States Gov- government official or government entity re- tions abroad, or other similar missions, who
ernment for activities they undertook in an sponsible for, or complicit in, an act of cor- engage in or facilitate significant corrup-
official capacity. ruption; and tion;
(H) A description of United States advo- (B) any company, in which a person or en- (C) whether the government of the country
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cacy for reform and good governance within tity described in subparagraph (A) has a sig- has adopted measures to prevent corruption,
INTERPOL. nificant stake, which is responsible for, or such as measures to inform and educate the
(I) A strategy for improving interagency complicit in, an act of corruption. public, including potential victims, about
coordination to identify and address in- (2) CORRUPTION.—The term ‘‘corruption’’ the causes and consequences of corruption;
stances of INTERPOL abuse that affect the means the unlawful exercise of entrusted (D) what steps the government of the coun-
interests of the United States, including public power for private gain, including by try has taken to prohibit government offi-
international respect for human rights and bribery, nepotism, fraud, or embezzlement. cials from participating in, facilitating, or
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H4914 CONGRESSIONAL RECORD — HOUSE September 22, 2021
condoning corruption, including the inves- ruption for the purposes of potential imposi- AMENDMENT NO. 111 OFFERED BY MR. COHEN OF
tigation, prosecution, and conviction of such tion of sanctions under the Global TENNESSEE
officials; Magnitsky Human Rights Accountability At the appropriate place in subtitle B of
(E) the extent to which the country pro- Act (subtitle F of title XII of Public Law 114– title XII, insert the following:
vides access, or, as appropriate, makes ade- 328; 22 U.S.C. 2656 note)— SEC. 12ll. REQUIREMENT TO ATTEMPT RECOV-
quate resources available, to civil society or- (A) in all countries identified as tier 3 ERY OF AIRCRAFT.
ganizations and other institutions to combat countries under subsection (b); or The Secretary of Defense shall use
corruption, including reporting, inves- (B) in relation to the planning or construc- amounts appropriated pursuant to the au-
tigating, and monitoring; tion or any operation of the Nord Stream 2 thorization under section 1212 to attempt to
(F) whether an independent judiciary or ju- pipeline.
recover any aircraft that were provided by
dicial body in the country is responsible for, (2) REPORT REQUIRED.—Not later than 180
the United States to the Afghan security
and effectively capable of, deciding corrup- days after publishing the list required by
forces that have been relocated to other
tion cases impartially, on the basis of facts subsection (b)(1) and annually thereafter, the
countries, including the 46 aircraft flown to
and in accordance with the law, without any Secretary of State shall submit to the com-
Uzbekistan, during the collapse of the Af-
improper restrictions, influences, induce- mittees specified in paragraph (6) a report
ghan government.
ments, pressures, threats, or interferences that includes—
(direct or indirect); (A) a list of foreign persons with respect to AMENDMENT NO. 112 OFFERED BY MR. COMER OF
(G) whether the government of the country which the President imposed sanctions pur- KENTUCKY
is assisting in international investigations of suant to the evaluation under paragraph (1); Add at the end of subtitle B of title XII the
transnational corruption networks and in (B) the dates on which such sanctions were following:
other cooperative efforts to combat signifi- imposed; SEC. 1214. ADDITIONAL REPORTS REQUIRED OF
cant corruption, including, as appropriate, (C) the reasons for imposing such sanc- THE OFFICE OF THE SPECIAL IN-
cooperating with the governments of other tions; and SPECTOR GENERAL FOR AFGHANI-
countries to extradite corrupt actors; (D) a list of all foreign persons found to STAN RECONSTRUCTION.
(H) whether the government of the country have been engaged in significant corruption The Office of the Special Inspector General
recognizes the rights of victims of corrup- in relation to the planning, construction, or for Afghanistan Reconstruction shall con-
tion, ensures their access to justice, and operation of the Nord Stream 2 pipeline. duct investigations, submit progress reports
takes steps to prevent victims from being (3) FORM OF REPORT.—Each report required on such investigations to the appropriate
further victimized or persecuted by corrupt by paragraph (2) shall be submitted in un- congressional committees through the quar-
actors, government officials, or others; classified form but may include a classified terly reports required to be submitted to
(I) whether the government of the country annex. such committees under law, and submit to
protects victims of corruption or whistle- (4) BRIEFING IN LIEU OF REPORT.—The Sec- such committees a final report containing
blowers from reprisal due to such persons retary of State, in coordination with the summary of all such investigations with re-
having assisted in exposing corruption, and Secretary of the Treasury, may (except with spect to the withdrawal of United States and
refrains from other discriminatory treat- respect to the list required by paragraph allied forces from Afghanistan, which shall,
ment of such persons; (2)(D)) provide a briefing to the committees at a minimum, include the following:
(J) whether the government of the country specified in paragraph (6) instead of submit- (1) The types of military equipment pro-
is willing and able to recover and, as appro- ting a written report required under para- vided by the United States to the Afghani-
priate, return the proceeds of corruption; graph (2), if doing so would better serve ex- stan military or security forces that was left
(K) whether the government of the country isting United States anti-corruption efforts in Afghanistan after withdrawal of United
is taking steps to implement financial trans- or the national interests of the United States forces, including equipment provided
parency measures in line with the Financial States. to the Afghan Air Force, whether the
Action Task Force recommendations, includ- (5) TERMINATION OF REQUIREMENTS RELAT- Taliban have control over such equipment,
ing due diligence and beneficial ownership ING TO NORD STREAM 2.—The requirements and whether it is being moved or sold to any
transparency requirements; under paragraphs (1)(B) and (2)(D) shall ter- third parties.
(L) whether the government of the country minate on the date that is 5 years after the (2) Whether Afghan government officials
is facilitating corruption in other countries date of the enactment of this Act. fled Afghanistan with United States tax-
in connection with state-directed invest- (6) COMMITTEES SPECIFIED.—The commit- payer dollars.
ment, loans or grants for major infrastruc- tees specified in this subsection are— (3) Whether funds made available from the
ture, or other initiatives; and (A) the Committee on Foreign Relations, Afghan Security Force Fund were stolen by
(M) such other information relating to cor- the Committee on Appropriations, the Com- Afghan government officials or were diverted
ruption as the Secretary of State considers mittee on Banking, Housing, and Urban Af- from their originally intended purposes.
appropriate. fairs, and the Committee on the Judiciary of (4) Whether equipment provided to Afghan-
(3) ASSESSING GOVERNMENT EFFORTS TO the Senate; and istan military or security forces was used to
COMBAT CORRUPTION IN RELATION TO RELEVANT (B) the Committee on Foreign Affairs, the assist Afghan government officials to flee
INTERNATIONAL COMMITMENTS.—In deter- Committee on Appropriations, the Com- Afghanistan.
mining whether a government is making se- mittee on Financial Services, and the Com-
AMENDMENT NO. 113 OFFERED BY MR. CONNOLLY
rious and sustained efforts to address corrup- mittee on the Judiciary of the House of Rep-
OF VIRGINIA
tion, the Secretary of State shall consider resentatives.
the government of a country’s compliance (e) DESIGNATION OF EMBASSY ANTI-CORRUP- At the appropriate place in title LX of di-
with the following, as relevant: TION POINTS OF CONTACT.— vision E, insert the following:
(A) The Inter-American Convention (1) IN GENERAL.—The Secretary of State SEC. ll. PROTECTION OF SAUDI DISSIDENTS
against Corruption of the Organization of shall annually designate an anti-corruption ACT OF 2021.
American States, done at Caracas March 29, point of contact at the United States diplo- (a) RESTRICTIONS ON TRANSFERS OF DE-
1996. matic post to each country identified as tier FENSE ARTICLES AND SERVICES, DESIGN AND
(B) The Convention on Combating Bribery 2 or tier 3 under section 3, or which the Sec- CONSTRUCTION SERVICES, AND MAJOR DEFENSE
of Foreign Public Officials in International retary otherwise determines is in need of EQUIPMENT TO SAUDI ARABIA.—
Business Transactions of the Organisation of such a point of contact. The point of contact (1) INITIAL PERIOD.—During the 120-day pe-
Economic Co-operation and Development, shall be the chief of mission or the chief of riod beginning on the date of the enactment
done at Paris December 21, 1997 (commonly mission’s designee. of this Act, the President may not sell, au-
referred to as the ‘‘Anti-Bribery Conven- (2) RESPONSIBILITIES.—Each anti-corrup- thorize a license for the export of, or other-
tion’’). tion point of contact designated under sub- wise transfer any defense articles or defense
(C) The United Nations Convention against section (a) shall be responsible for enhancing services, design and construction services, or
Transnational Organized Crime, done at New coordination and promoting the implementa- major defense equipment under the Arms Ex-
York November 15, 2000. tion of a whole-of-government approach port Control Act (22 U.S.C. 2751 et seq.) to an
(D) The United Nations Convention against among the relevant Federal departments and intelligence, internal security, or law en-
Corruption, done at New York October 31, agencies undertaking efforts to— forcement agency or instrumentality of the
2003. (A) promote good governance in foreign Government of Saudi Arabia, or to any per-
(E) Such other treaties, agreements, and countries; and son acting as an agent of or on behalf of such
international standards as the Secretary of (B) enhance the ability of such countries— agency or instrumentality.
State considers appropriate. (i) to combat public corruption; and (2) SUBSEQUENT PERIODS.—
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(d) IMPOSITION OF SANCTIONS UNDER GLOBAL (ii) to develop and implement corruption (A) IN GENERAL.—During the 120-day period
MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY risk assessment tools and mitigation strate- beginning after the end of the 120-day period
ACT.— gies. described in paragraph (1), and each 120-day
(1) IN GENERAL.—The Secretary of State, in (3) TRAINING.—The Secretary of State shall period thereafter, the President may not
coordination with the Secretary of the implement appropriate training for anti-cor- sell, authorize a license for the export of, or
Treasury, should evaluate whether there are ruption points of contact designated under otherwise transfer any defense articles or
foreign persons engaged in significant cor- paragraph (1). services, design and construction services, or
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4915
major defense equipment under the Arms Ex- ment directed against individuals in the unclassified form but may contain a classi-
port Control Act (22 U.S.C. 2751 et seq.), re- United States’’. fied annex.
gardless of the amount of such articles, serv- (B) Section 6 of the Arms Export Control (4) WAIVER.—
ices, or equipment, to an intelligence, inter- Act further requires the President to report (A) IN GENERAL.—The President may waive
nal security, or law enforcement agency or any such determination promptly to the the restrictions in this section if the Presi-
instrumentality of the Government of Saudi Speaker of the House of Representatives, the dent submits to the appropriate congres-
Arabia, or to any person acting as an agent Committee on Foreign Affairs of the House sional committees a report not later than 15
of or on behalf of such agency or instrumen- of Representatives, and to the chairman of days before the granting of such waiver that
tality, unless the President has submitted to the Committee on Foreign Relations of the contains—
the chairman and ranking member of the ap- Senate. (i) a determination of the President that
propriate congressional committees a certifi- (2) REPORT.—Not later than 60 days after such a waiver is in the vital national secu-
cation described in subparagraph (B). the date of the enactment of this Act, the rity interests of the United States; and
(B) CERTIFICATION.—A certification de- President shall submit to the appropriate (ii) a detailed justification for the use of
scribed in this subparagraph is a certifi- congressional committees a report on— such waiver and the reasons why the restric-
cation that contains a determination of the (A) whether any official of the Government tions in this section cannot be met.
President that, during the 120-day period of Saudi Arabia engaged in a consistent pat- (B) FORM.—The report required by this
preceding the date of submission of the cer- tern of acts of intimidation or harassment paragraph shall be submitted in unclassified
tification, the United States Government directed against Jamal Khashoggi or any in- form, but may contain a classified annex.
has not determined that the Government of dividual in the United States; and (5) SUNSET.—This subsection shall termi-
Saudi Arabia has conducted any of the fol- (B) whether any United States-origin de- nate on the date that is 3 years after the
lowing activities: fense articles were used in the activities de- date of the enactment of this Act.
(i) Forced repatriation, intimidation, or scribed in subparagraph (A). (6) DEFINITIONS.—In this subsection:
killing of dissidents in other countries. (3) FORM.—The report required by para- (A) APPROPRIATE CONGRESSIONAL COMMIT-
(ii) The unjust imprisonment in Saudi Ara- graph (2) shall be submitted in unclassified TEES.—The term ‘‘appropriate congressional
bia of United States citizens or aliens law- form but may contain a classified annex. committees’’ means—
fully admitted for permanent residence or (4) APPROPRIATE CONGRESSIONAL COMMIT- (i) the Committee on Foreign Affairs and
the prohibition on these individuals and TEES DEFINED.—In this subsection, the term the Permanent Select Committee on Intel-
their family members from exiting Saudi ‘‘appropriate congressional committees’’ ligence of the House of Representatives; and
Arabia. means— (ii) the Committee on Foreign Relations
(iii) Torture of detainees in the custody of (A) the Committee on Foreign Affairs and and the Select Committee on Intelligence of
the Government of Saudi Arabia. the Permanent Select Committee on Intel- the Senate.
(3) EXCEPTION.—The restrictions in this ligence of the House of Representatives; and (B) COVERED FACILITY.—The term ‘‘covered
section shall not apply with respect to the (B) the Committee on Foreign Relations facility’’ means a diplomatic or consular fa-
sale, authorization of a license for export, or and the Select Committee on Intelligence of cility of Saudi Arabia in the United States.
transfer of any defense articles or services, the Senate. (C) COVERED PERSON.—The term ‘‘covered
design and construction services, or major person’’ means a national of Saudi Arabia
defense equipment under the Arms Export (c) REPORT AND CERTIFICATION WITH RE- credentialed to a covered facility.
Control Act (22 U.S.C. 2751 et seq.) for use SPECT TO SAUDI DIPLOMATS AND DIPLOMATIC (d) REPORT ON THE DUTY TO WARN OBLIGA-
in— FACILITIES IN THE UNITED STATES.— TION OF THE GOVERNMENT OF THE UNITED
(A) the defense of the territory of Saudi (1) REPORT.—Not later than 120 days after STATES.—
Arabia from external threats; or the date of the enactment of this Act, the (1) FINDINGS.—Congress finds that Intel-
(B) the defense of United States military President shall submit to the appropriate ligence Community Directive 191 provides
or diplomatic personnel or United States fa- congressional committees a report covering that—
cilities located in Saudi Arabia. the three-year period preceding such date of (A) when an element of the intelligence
(4) WAIVER.— enactment regarding whether and to what community of the United States collects or
(A) IN GENERAL.—The President may waive extent covered persons used diplomatic cre- acquires credible and specific information in-
the restrictions in this section if the Presi- dentials, visas, or covered facilities to facili- dicating an impending threat of intentional
dent submits to the appropriate congres- tate monitoring, tracking, surveillance, or killing, serious bodily injury, or kidnapping
sional committees a report not later than 15 harassment of, or harm to, other nationals of directed at a person, the agency must ‘‘warn
days before the granting of such waiver that Saudi Arabia living in the United States. the intended victim or those responsible for
contains— (2) CERTIFICATION.— protecting the intended victim, as appro-
(i) a determination of the President that (A) IN GENERAL.—Not later than 120 days priate’’ unless an applicable waiver of the
such a waiver is in the vital national secu- after the date of the enactment of this Act, duty is granted by the appropriate official
rity interests of the United States; and and each 120-day period thereafter, the Presi- within the element; and
(ii) a detailed justification for the use of dent shall, if the President determines that (B) when issues arise with respect to
such waiver and the reasons why the restric- such is the case, submit to the appropriate whether the threat information rises to the
tions in this section cannot be met. congressional committees a certification threshold of ‘‘duty to warn’’, the directive
(B) FORM.—The report required by this that the United States Government has not calls for resolution in favor of warning the
paragraph shall be submitted in unclassified determined covered persons to be using dip- intended victim.
form, but may contain a classified annex. lomatic credentials, visas, or covered facili- (2) REPORT.—Not later than 90 days after
(5) SUNSET.—This subsection shall termi- ties to facilitate serious harassment of, or the date of the enactment of this Act, the
nate on the date that is 3 years after the harm to, other nationals of Saudi Arabia liv- Director of National Intelligence, in coordi-
date of the enactment of this Act. ing in the United States during the time pe- nation with the heads of other relevant
(6) APPROPRIATE CONGRESSIONAL COMMIT- riod covered by each such certification. United States intelligence agencies, shall
TEES DEFINED.—In this subsection, the term (B) FAILURE TO SUBMIT CERTIFICATION.—If submit to the appropriate congressional
‘‘appropriate congressional committees’’ the President does not submit a certification committees a report with respect to—
means— under subparagraph (A), the President (A) whether and how the intelligence com-
(A) the Committee on Foreign Affairs, the shall— munity fulfilled its duty to warn Jamal
Permanent Select Committee on Intel- (i) close one or more covered facilities for Khashoggi of threats to his life and liberty
ligence, and the Committee on Armed Serv- such period of time until the President does pursuant to Intelligence Community Direc-
ices of the House of Representatives; and submit such a certification; and tive 191; and
(B) the Committee on Foreign Relations, (ii) submit to the appropriate congres- (B) in the case of the intelligence commu-
the Select Committee on Intelligence, and sional committee a report that contains— nity not fulfilling its duty to warn as de-
the Committee on Armed Services of the (I) a detailed explanation of why the Presi- scribed in paragraph (1), why the intelligence
Senate. dent is unable to make such a certification; community did not fulfill this duty.
(b) REPORT ON CONSISTENT PATTERN OF (II) a list and summary of engagements of (3) FORM.—The report required by para-
ACTS OF INTIMIDATION OR HARASSMENT DI- the United States Government with the Gov- graph (2) shall be submitted in unclassified
RECTED AGAINST INDIVIDUALS IN THE UNITED ernment of Saudi Arabia regarding the use of form but may contain a classified annex.
STATES.— diplomatic credentials, visas, or covered fa- (4) DEFINITIONS.—In this subsection:
(1) FINDINGS.—Congress finds the following: cilities described in subparagraph (A); and (A) APPROPRIATE CONGRESSIONAL COMMIT-
(A) Section 6 of the Arms Export Control (III) a description of actions the United TEES.—The term ‘‘appropriate congressional
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Act (22 U.S.C. 2756) states that ‘‘no transfers States Government has taken or intends to committees’’ means—
or letters of offer may be issued, no credits take in response to the use of diplomatic cre- (i) the Committee on Foreign Affairs and
or guarantees may be extended, and no ex- dentials, visas, or covered facilities described the Permanent Select Committee on Intel-
port licenses may be issued under this Act in subparagraph (A). ligence of the House of Representatives; and
with respect to any country determined by (3) FORM.—The report required by para- (ii) the Committee on Foreign Relations
the President to be engaged in a consistent graph (1) and the certification and report re- and the Select Committee on Intelligence of
pattern of acts of intimidation or harass- quired by paragraph (2) shall be submitted in the Senate.
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H4916 CONGRESSIONAL RECORD — HOUSE September 22, 2021
(B) DUTY TO WARN.—The term ‘‘duty to (F) The Department of the Treasury. (A) promote and invest in global health se-
warn’’ has the meaning given that term in (G) The Department of Labor. curity and pandemic preparedness as a core
Intelligence Community Directive 191, as in (H) The Department of Homeland Security. national security interest;
effect on July 21, 2015. (I) The Office of Management and Budget. (B) advance the aims of the Global Health
(C) INTELLIGENCE COMMUNITY.—The term (J) The Office of the Director of National Security Agenda;
‘‘intelligence community’’ has the meaning Intelligence. (C) collaborate with other countries to de-
given such term in section 3(4) of the Na- (K) The United States Agency for Inter- tect and mitigate outbreaks early to prevent
tional Security Act of 1947 (50 U.S.C. 3003(4)). national Development. the spread of disease;
(D) RELEVANT UNITED STATES INTELLIGENCE (L) The Environmental Protection Agency. (D) encourage and support other countries
AGENCY.—The term ‘‘relevant United States (M) The Centers for Disease Control and to advance pandemic preparedness by invest-
intelligence agency’’ means any element of Prevention. ing in basic resilient and sustainable health
the intelligence community that may have (N) The Office of Science and Technology care systems; and
possessed intelligence reporting regarding Policy. (E) strengthen global health security
threats to Jamal Khashoggi. (O) The National Institutes of Health. across the intersection of human and animal
AMENDMENT NO. 114 OFFERED BY MR. CONNOLLY (P) The National Institute of Allergy and health to prepare for and prevent infectious
OF VIRGINIA Infectious Diseases. disease outbreaks and combat the growing
At the appropriate place in title LX of di- (Q) Such other agencies as the Council de- threat of antimicrobial resistance.
vision E, insert the following: termines to be appropriate. (2) STRATEGY.—The President shall coordi-
SEC. ll. GLOBAL HEALTH SECURITY ACT OF (5) SPECIFIC ROLES AND RESPONSIBILITIES.— nate the development and implementation of
2021. (A) IN GENERAL.—The heads of agencies de- a strategy to implement the policy aims de-
(a) GLOBAL HEALTH SECURITY AGENDA scribed in paragraph (4) shall— scribed in paragraph (1), which shall—
INTERAGENCY REVIEW COUNCIL.— (i) make the GHSA and its implementation (A) seek to strengthen United States diplo-
(1) ESTABLISHMENT.—The President shall and global pandemic preparedness a high pri- matic leadership and improve the effective-
establish a Global Health Security Agenda ority within their respective agencies, and ness of United States foreign assistance for
Interagency Review Council (in this section include GHSA- and global pandemic pre-
global health security to prevent, detect, and
referred to as the ‘‘Council’’) to perform the paredness-related activities within their re-
respond to infectious disease threats, includ-
general responsibilities described in para- spective agencies’ strategic planning and
ing through advancement of the Global
graph (3) and the specific roles and respon- budget processes;
sibilities described in paragraph (5). Health Security Agenda (GHSA), the Inter-
(ii) designate a senior-level official to be
(2) MEETINGS.—The Council shall meet not national Health Regulations (2005), and other
responsible for the implementation of this
less than four times per year to advance its relevant frameworks that contribute to glob-
Act;
mission and fulfill its responsibilities. al health security and pandemic prepared-
(iii) designate, in accordance with para-
(3) GENERAL RESPONSIBILITIES.—The Coun- graph (4), an appropriate representative at ness;
cil shall be responsible for the following ac- the Assistant Secretary level or higher to (B) establish specific and measurable goals,
tivities: participate on the Council; benchmarks, timetables, performance
(A) Provide policy-level recommendations (iv) keep the Council apprised of GHSA-re- metrics, and monitoring and evaluation
to participating agencies on Global Health lated activities undertaken within their re- plans for United States foreign assistance for
Security Agenda (GHSA) goals, objectives, spective agencies; global health security that promote learning
and implementation, and other international (v) maintain responsibility for agency-re- and reflect international best practices re-
efforts to strengthen pandemic preparedness lated programmatic functions in coordina- lating to global health security, trans-
and response. tion with host governments, country teams, parency, and accountability;
(B) Facilitate interagency, multi-sectoral and GHSA in-country teams, and in conjunc- (C) establish mechanisms to improve co-
engagement to carry out GHSA implementa- tion with other relevant agencies; ordination and avoid duplication of effort be-
tion. (vi) coordinate with other agencies that tween the United States Government and
(C) Provide a forum for raising and work- are identified in this section to satisfy pro- partner countries, donor countries, the pri-
ing to resolve interagency disagreements grammatic goals, and further facilitate co- vate sector, multilateral organizations, and
concerning the GHSA, and other inter- ordination of country teams, implementers, other key stakeholders;
national efforts to strengthen pandemic pre- and donors in host countries; and (D) prioritize working with partner coun-
paredness and response. (vii) coordinate across national health se- tries with demonstrated—
(D)(i) Review the progress toward and work curity action plans and with GHSA and other (i) need, as identified through the Joint
to resolve challenges in achieving United partners, as appropriate, to which the United External Evaluation process, the Global
States commitments under the GHSA, in- States is providing assistance. Health Security Index classification of
cluding commitments to assist other coun- (B) ADDITIONAL ROLES AND RESPONSIBIL- health systems, national action plans for
tries in achieving the GHSA targets. ITIES.—In addition to the roles and respon- health security, GHSA Action Packages, and
(ii) The Council shall consider, among sibilities described in subparagraph (A), the other complementary or successor indicators
other issues, the following: heads of agencies described in paragraph (4) of global health security and pandemic pre-
(I) The status of United States financial shall carry out their respective roles and re- paredness; and
commitments to the GHSA in the context of sponsibilities described in subsections (b) (ii) commitment to transparency, includ-
commitments by other donors, and the con- through (i) of section 3 of Executive Order ing budget and global health data trans-
tributions of partner countries to achieve 13747 (81 Fed. Reg. 78701; relating to Advanc- parency, complying with the International
the GHSA targets. ing the Global Health Security Agenda to Health Regulations (2005), investing in do-
(II) The progress toward the milestones Achieve a World Safe and Secure from Infec- mestic health systems, and achieving meas-
outlined in GHSA national plans for those tious Disease Threats), as in effect on the urable results;
countries where the United States Govern- day before the date of the enactment of this (E) reduce long-term reliance upon United
ment has committed to assist in imple- Act. States foreign assistance for global health
menting the GHSA and in annual work-plans
(b) UNITED STATES COORDINATOR FOR GLOB- security by promoting partner country own-
outlining agency priorities for implementing
AL HEALTH SECURITY.— ership, improved domestic resource mobiliza-
the GHSA.
(1) IN GENERAL.—The President shall ap- tion, co-financing, and appropriate national
(III) The external evaluations of United
States and partner country capabilities to point an individual to the position of United budget allocations for global health security
address infectious disease threats, including States Coordinator for Global Health Secu- and pandemic preparedness and response;
the ability to achieve the targets outlined rity, who shall be responsible for the coordi- (F) assist partner countries in building the
within the WHO Joint External Evaluation nation of the interagency process for re- technical capacity of relevant ministries,
tool, as well as gaps identified by such exter- sponding to global health security emer- systems, and networks to prepare, execute,
nal evaluations. gencies. As appropriate, the designee shall monitor, and evaluate effective national ac-
(4) PARTICIPATION.—The Council shall be coordinate with the President’s Special Co- tion plans for health security, including
headed by the Assistant to the President for ordinator for International Disaster Assist- mechanisms to enhance budget and global
National Security Affairs, in coordination ance. health data transparency, as necessary and
with the heads of relevant Federal agencies. (2) CONGRESSIONAL BRIEFING.—Not less fre- appropriate;
The Council shall consist of representatives quently than twice each year, the employee (G) support and be aligned with country-
designated under this section shall provide owned global health security policy and in-
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from the following agencies:
(A) The Department of State. to the appropriate congressional committees vestment plans developed with input from
(B) The Department of Defense. a briefing on the responsibilities and activi- key stakeholders, as appropriate;
(C) The Department of Justice. ties of the individual under this section. (H) facilitate communication and collabo-
(D) The Department of Agriculture. (c) STRATEGY AND REPORTS.— ration, as appropriate, among local stake-
(E) The Department of Health and Human (1) STATEMENT OF POLICY.—It is the policy holders in support of a multi-sectoral ap-
Services. of the United States to— proach to global health security;
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4917
(I) support the long-term success of pro- time, as well as the mechanisms for report- to Fight AIDS, Tuberculosis, and Malaria,
grams by building the capacity of local orga- ing such results in an open and transparent and Gavi, the Vaccine Alliance; and
nizations and institutions in target coun- manner; (F) accelerates country compliance with
tries and communities; (iv) contain a transparent, open, and de- the International Health Regulations (2005)
(J) develop community resilience to infec- tailed accounting of expenditures by rel- and fulfillment of the Global Health Secu-
tious disease threats and emergencies; evant Federal departments and agencies to rity Agenda 2024 Framework, in coordination
(K) support global health budget and work- implement the strategy, including, to the ex- with the ongoing Joint External Evaluation
force planning in partner countries, includ- tent practicable, for each Federal depart- national action planning process.
ing training in financial management and ment and agency, the statutory source of ex- (3) EXECUTIVE BOARD.—
budget and global health data transparency; penditures, amounts expended, partners, tar- (A) IN GENERAL.—The Fund should be gov-
(L) align United States foreign assistance geted populations, and types of activities erned by an Executive Board, which should
for global health security with national ac- supported; be composed of not more than 20 representa-
tion plans for health security in partner (v) describe how the strategy leverages tives of donor governments, foundations,
countries, developed with input from key other United States global health and devel- academic institutions, civil society, and the
stakeholders, including the private sector, to opment assistance programs and bilateral private sector that meet a minimum thresh-
the greatest extent practicable and appro- and multilateral institutions; old in annual contributions and agree to up-
priate; (vi) assess efforts to coordinate United hold transparency measures.
(M) strengthen linkages between com- States global health security programs, ac- (B) DUTIES.—The Executive Board should
plementary bilateral and multilateral for- tivities, and initiatives with key stake-
be charged with approving strategies, oper-
eign assistance programs, including efforts holders;
ations, and grant-making authorities, such
of the World Bank, the World Health Organi- (vii) incorporate a plan for regularly re-
that it is able to conduct effective fiduciary,
zation, the Global Fund to Fight AIDS, Tu- viewing and updating strategies, partner-
monitoring, and evaluation efforts, and
berculosis, and Malaria, and Gavi, the Vac- ships, and programs and sharing lessons
other oversight functions. In addition, the
cine Alliance, that contribute to the devel- learned with a wide range of stakeholders,
Executive Board should—
opment of more resilient health systems and including key stakeholders, in an open,
(i) be comprised only of contributors to the
supply chains in partner countries with the transparent manner; and
capacity, resources, and personnel required (viii) describe the progress achieved and Fund at not less than the minimum thresh-
to prevent, detect, and respond to infectious challenges concerning the United States old to be established pursuant to subpara-
disease threats; Government’s ability to advance GHSA and graph (A);
(N) support innovation and public-private pandemic preparedness, including data (ii) determine operational procedures such
partnerships to improve pandemic prepared- disaggregated by priority country using indi- that the Fund is able to effectively fulfill its
ness and response, including for the develop- cators that are consistent on a year-to-year mission; and
ment and deployment of effective, accessible, basis and recommendations to resolve, miti- (iii) provide oversight and accountability
and affordable infectious disease tracking gate, or otherwise address the challenges for the Fund in collaboration with the In-
tools, diagnostics, therapeutics, and vac- identified therein. spector General to be established pursuant
cines; (5) FORM.—The strategy required under to subsection (f)(5)(A).
(O) support collaboration with and among paragraph (2) and the report required under (C) COMPOSITION.—The Executive Board
relevant public and private research entities paragraph (4) shall be submitted in unclassi- should include—
engaged in global health security; and fied form but may contain a classified annex. (i) representatives of the governments of
(P) support collaboration between United (d) ESTABLISHMENT OF FUND FOR GLOBAL founding permanent member countries who,
States universities and public and private in- HEALTH SECURITY AND PANDEMIC PREPARED- in addition to the requirements in subpara-
stitutions in partner countries that promote NESS.— graph (A), qualify based upon meeting an es-
global health security and innovation. (1) NEGOTIATIONS FOR ESTABLISHMENT OF A tablished initial contribution threshold,
(3) STRATEGY SUBMISSION.— FUND FOR GLOBAL HEALTH SECURITY AND PAN- which should be not less than 10 percent of
(A) IN GENERAL.—Not later than 180 days DEMIC PREPAREDNESS.—The Secretary of total initial contributions, and a dem-
after the date of the enactment of this Act, State, in coordination with the Secretary of onstrated commitment to supporting the
the President, in consultation with the head the Treasury, the Administrator of the International Health Regulations (2005);
of each relevant Federal department and United States Agency for International De- (ii) term members, who are from academic
agency, shall submit to the appropriate con- velopment, the Secretary of Health and institutions, civil society, and the private
gressional committees the strategy required Human Services, and the heads of other rel- sector and are selected by the permanent
under paragraph (2) that provides a detailed evant Federal departments and agencies as members on the basis of their experience and
description of how the United States intends necessary and appropriate, should seek to commitment to innovation, best practices,
to advance the policy set forth in paragraph enter into negotiations with donors, relevant and the advancement of global health secu-
(1) and the agency-specific plans described in United Nations agencies, including the World rity objectives; and
subparagraph (B). Health Organization, and other key multilat- (iii) representatives of the World Health
(B) AGENCY-SPECIFIC PLANS.—The strategy eral stakeholders, for the establishment of— Organization, and the chair of the Global
required under subsection (a) shall include (A) a multilateral, catalytic financing Health Security Steering Group.
specific implementation plans from each rel- mechanism for global health security and (D) QUALIFICATIONS.—Individuals appointed
evant Federal department and agency that pandemic preparedness, which may be known to the Executive Board should have dem-
describe— as the Fund for Global Health Security and onstrated knowledge and experience across a
(i) the anticipated contributions of the de- Pandemic Preparedness (in this title referred variety of sectors, including human and ani-
partment or agency, including technical, fi- to as ‘‘the Fund’’), in accordance with the mal health, agriculture, development, de-
nancial, and in-kind contributions, to imple- provisions of this section; and fense, finance, research, and academia.
ment the strategy; and (B) an Advisory Board to the Fund in ac- (E) CONFLICTS OF INTEREST.—
(ii) the efforts of the department or agency cordance with subsection (g). (i) TECHNICAL EXPERTS.—The Executive
to ensure that the activities and programs (2) PURPOSE.—The purpose of the Fund Board may include independent technical ex-
carried out pursuant to the strategy are de- should be to close critical gaps in global perts, provided they are not affiliated with
signed to achieve maximum impact and health security and pandemic preparedness or employed by a recipient country or orga-
long-term sustainability. and build capacity in eligible partner coun- nization.
(4) REPORT.— tries in the areas of global health security, (ii) MULTILATERAL BODIES AND INSTITU-
(A) IN GENERAL.—Not later than 1 year infectious disease control, and pandemic pre- TIONS.—Executive Board members appointed
after the date on which the strategy required paredness, such that it— under subparagraph (C)(iii) should recuse
under paragraph (2) is submitted to the ap- (A) prioritizes capacity building and fi- themselves from matters presenting con-
propriate congressional committees under nancing availability in eligible partner coun- flicts of interest, including financing deci-
paragraph (3), and not later than October 1 of tries; sions relating to such bodies and institu-
each year thereafter, the President shall sub- (B) incentivizes countries to prioritize the tions.
mit to the appropriate congressional com- use of domestic resources for global health (F) UNITED STATES REPRESENTATION.—
mittees a report that describes the status of security and pandemic preparedness; (i) IN GENERAL.—
the implementation of the strategy. (C) leverages government, nongovernment, (I) FOUNDING PERMANENT MEMBER.—The
(B) CONTENTS.—The report required under and private sector investments; Secretary of State shall seek to establish the
subparagraph (A) shall— (D) regularly responds to and evaluates United States as a founding permanent mem-
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(i) identify any substantial changes made progress based on clear metrics and bench- ber of the Fund.
in the strategy during the preceding cal- marks, such as the Joint External Evalua- (II) UNITED STATES REPRESENTATION.—The
endar year; tion and Global Health Security Index; United States shall be represented on the Ex-
(ii) describe the progress made in imple- (E) aligns with and complements ongoing ecutive Board by an officer or employee of
menting the strategy; bilateral and multilateral efforts and financ- the United States appointed by the Presi-
(iii) identify the indicators used to estab- ing, including through the World Bank, the dent.
lish benchmarks and measure results over World Health Organization, the Global Fund (ii) EFFECTIVE AND TERMINATION DATES.—
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H4918 CONGRESSIONAL RECORD — HOUSE September 22, 2021
(I) EFFECTIVE DATE.—This paragraph shall Health Regulations (2005) and other related (ii) the pandemic early warning systems
take effect upon the date the Secretary of international health agreements, as appro- and emergency operations centers to be es-
State certifies and transmits to Congress an priate; tablished under subparagraph (B)(ix);
agreement establishing the Fund. (ii) support global health security budget (iii) the World Health Organization;
(II) TERMINATION DATE.—The membership planning in eligible partner countries, in- (iv) the Global Health Security Agenda;
established pursuant to clause (i) shall ter- cluding training in financial management (v) the Global Health Security Initiative;
minate upon the date of termination of the and budget and global health data trans- (vi) the Global Fund to Fight AIDS, Tuber-
Fund. parency; culosis, and Malaria;
(G) REMOVAL PROCEDURES.—The Fund (iii) strengthen the health security work- (vii) the United Nations Office for the Co-
should establish procedures for the removal force, including hiring, training, and deploy- ordination of Humanitarian Affairs,
of members of the Executive Board who en- ing experts to improve frontline prepared- UNICEF, and other relevant funds, pro-
gage in a consistent pattern of human rights ness for emerging epidemic and pandemic grams, and specialized agencies of the United
abuses, fail to uphold global health data threats; Nations;
transparency requirements, or otherwise vio- (iv) improve infection control and the pro- (viii) Gavi, the Vaccine Alliance;
late the established standards of the Fund, tection of healthcare workers within (ix) the Coalition for Epidemic Prepared-
including in relation to corruption. healthcare settings; ness Innovations;
(H) ENFORCEABILITY.—Any agreement con- (v) combat the threat of antimicrobial re- (x) the Global Polio Eradication Initiative;
cluded under the authorities provided by this sistance; and
section shall be legally effective and binding (vi) strengthen laboratory capacity and (xi) the United States Coordinator for
upon the United States, as may be provided promote biosafety and biosecurity through Global Health Security and Diplomacy es-
in the agreement, upon— the provision of material and technical as- tablished under subsection (b).
(i) the enactment of appropriate imple- sistance; (2) PRIORITY.—In providing assistance
menting legislation which provides for the (vii) reduce the risk of bioterrorism, under this section, the Fund should give pri-
approval of the specific agreement or agree- zoonotic disease spillover, and accidental bi- ority to low-and lower-middle income coun-
ments, including attachments, annexes, and ological release; tries with—
supporting documentation, as appropriate; (viii) build technical capacity to manage (A) low scores on the Global Health Secu-
or global health security related supply chains, rity Index classification of health systems;
(ii) if concluded and submitted as a treaty, including for personal protective equipment, (B) measurable gaps in global health secu-
receiving the necessary consent of the Sen- oxygen, testing reagents, and other life- rity and pandemic preparedness identified
ate. saving supplies, through effective fore- under Joint External Evaluations and na-
(I) ELIGIBLE PARTNER COUNTRY DEFINED.—In casting, procurement, warehousing, and de- tional action plans for health security;
this section, the term ‘‘eligible partner coun- livery from central warehouses to points of (C) demonstrated political and financial
try’’ means a country with demonstrated— service in both the public and private sec- commitment to pandemic preparedness; and
(i) need, as identified through the Joint tors; (D) demonstrated commitment to uphold-
External Evaluation process, the Global (ix) enable bilateral, regional, and inter- ing global health budget and data trans-
Health Security Index classification of national partnerships and cooperation, in- parency and accountability standards, com-
health systems, national action plans for cluding through pandemic early warning sys- plying with the International Health Regula-
health security, and other complementary or tems and emergency operations centers, to tions (2005), investing in domestic health sys-
successor indicators of global health security identify and address transnational infectious tems, and achieving measurable results.
and pandemic preparedness; and disease threats exacerbated by natural and (3) ELIGIBLE GRANT RECIPIENTS.—Govern-
(ii) commitment to transparency, includ- man-made disasters, human displacement, ments and nongovernmental organizations
ing budget and global health data trans- and zoonotic infection; should be eligible to receive grants as de-
parency, complying with the International (x) establish partnerships for the sharing of scribed in this section.
Health Regulations (2005), investing in do- best practices and enabling eligible countries (f) FUND ADMINISTRATION.—
mestic health systems, and achieving meas- to meet targets and indicators under the (1) APPOINTMENT OF AN ADMINISTRATOR.—
urable results, and in which the Fund for Joint External Evaluation process, the Glob- The Executive Board of the Fund should ap-
Global Health Security and Pandemic Pre- al Health Security Index classification of point an Administrator who should be re-
paredness established under this section may health systems, and national action plans for sponsible for managing the day-to-day oper-
finance global health security and pandemic health security relating to the detection, ations of the Fund.
preparedness assistance programs under this treatment, and prevention of neglected trop- (2) AUTHORITY TO SOLICIT AND ACCEPT CON-
Act. ical diseases; TRIBUTIONS.—The Fund should be authorized
(e) FUND AUTHORITIES.— (xi) build the technical capacity of eligible to solicit and accept contributions from gov-
(1) PROGRAM OBJECTIVES.— partner countries to prepare for and respond ernments, the private sector, foundations,
(A) IN GENERAL.—In carrying out the pur- to second order development impacts of in- individuals, and nongovernmental entities of
pose set forth in subsection (d), the Fund, fectious disease outbreaks, while accounting all kinds.
acting through the Executive Board, should for the differentiated needs and (3) ACCOUNTABILITY OF FUNDS AND CRITERIA
provide grants, including challenge grants, vulnerabilities of marginalized populations; FOR PROGRAMS.—As part of the negotiations
technical assistance, concessional lending, (xii) develop and utilize metrics to monitor described in subsection (d)(1), the Secretary
catalytic investment funds, and other inno- and evaluate programmatic performance and of the State, shall, consistent with para-
vative funding mechanisms, as appropriate, identify best practices, including in accord- graph (4)—
to— ance with Joint External Evaluation bench- (A) take such actions as are necessary to
(i) help eligible partner countries close marks, Global Health Security Agenda tar- ensure that the Fund will have in effect ade-
critical gaps in health security, as identified gets, and Global Health Security Index indi- quate procedures and standards to account
through the Joint External Evaluation proc- cators; for and monitor the use of funds contributed
ess, the Global Health Security Index classi- (xiii) develop and deploy mechanisms to to the Fund, including the cost of admin-
fication of health systems, and national ac- enhance the transparency and accountability istering the Fund; and
tion plans for health security and other com- of global health security and pandemic pre- (B) seek agreement on the criteria that
plementary or successor indicators of global paredness programs and data, in compliance should be used to determine the programs
health security and pandemic preparedness; with the International Health Regulations and activities that should be assisted by the
and (2005), including through the sharing of Fund.
(ii) support measures that enable such trends, risks, and lessons learned; and (4) SELECTION OF PARTNER COUNTRIES,
countries, at both national and sub-national (xiv) develop and implement simulation ex- PROJECTS, AND RECIPIENTS.—The Executive
levels, and in partnership with civil society ercises, produce and release after action re- Board should establish—
and the private sector, to strengthen and ports, and address related gaps. (A) eligible partner country selection cri-
sustain resilient health systems and supply (C) IMPLEMENTATION OF PROGRAM OBJEC- teria, to include transparent metrics to
chains with the resources, capacity, and per- TIVES.—In carrying out the objectives of this measure and assess global health security
sonnel required to prevent, detect, mitigate, paragraph, the Fund should work to elimi- and pandemic preparedness strengths and
and respond to infectious disease threats be- nate duplication and waste by upholding vulnerabilities in countries seeking assist-
fore they become pandemics. strict transparency and accountability ance;
(B) ACTIVITIES SUPPORTED.—The activities standards and coordinating its programs and (B) minimum standards for ensuring eligi-
to be supported by the Fund should include activities with key partners working to ad- ble partner country ownership and commit-
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efforts to— vance global health security and pandemic ment to long-term results, including require-
(i) enable eligible partner countries to for- preparedness, including— ments for domestic budgeting, resource mo-
mulate and implement national health secu- (i) governments, civil society, faith-based, bilization, and co-investment;
rity and pandemic preparedness action plans, and nongovernmental organizations, re- (C) criteria for the selection of projects to
advance action packages under the Global search and academic institutions, and pri- receive support from the Fund;
Health Security Agenda, and adopt and up- vate sector entities in eligible partner coun- (D) standards and criteria regarding quali-
hold commitments under the International tries; fications of recipients of such support;
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4919
(E) such rules and procedures as may be (1) STATUS REPORT.—Not later than 180 ceeds the salary of the Vice President of the
necessary for cost-effective management of days after the date of enactment of this Act, United States.
the Fund; and the Secretary of State, in coordination with (C) ACCOUNTABILITY CERTIFICATION REQUIRE-
(F) such rules and procedures as may be the Administrator of the United States MENT.—The Secretary of State may withhold
necessary to ensure transparency and ac- Agency for International Development, and not more than 20 percent of planned United
countability in the grant-making process. the heads of other relevant Federal depart- States contributions to the Fund until the
(5) ADDITIONAL TRANSPARENCY AND AC- ments and agencies, shall submit to the ap- Secretary certifies to the appropriate con-
COUNTABILITY REQUIREMENTS.— propriate congressional committees a report gressional committees that the Fund has es-
(A) INSPECTOR GENERAL.— detailing the progress of international nego- tablished procedures to provide access by the
(i) IN GENERAL.—The Secretary of State tiations to establish the Fund. Office of Inspector General of the Depart-
shall seek to ensure that the Fund maintains (2) ANNUAL REPORT.— ment of State, as cognizant Inspector Gen-
an independent Office of the Inspector Gen- (A) IN GENERAL.—Not later than 1 year eral, the Inspector General of the Depart-
eral and ensure that the office has the req- after the date of the establishment of the ment of Health and Human Services, the In-
uisite resources and capacity to regularly Fund, and annually thereafter for the dura- spector General of the United States Agency
conduct and publish, on a publicly accessible tion of the Fund, the Secretary of State, for International Development, and the
website, rigorous financial, programmatic, shall submit to the appropriate congres- Comptroller General of the United States to
and reporting audits and investigations of sional committees a report on the Fund. the Fund’s financial data and other informa-
the Fund and its grantees. (B) REPORT ELEMENTS.—The report shall tion relevant to United States contributions
(ii) SENSE OF CONGRESS ON CORRUPTION.—It include a description of— to the Fund (as determined by the Inspector
is the sense of Congress that— (i) the goals of the Fund; General of the Department of State, in con-
(I) corruption within global health pro- (ii) the programs, projects, and activities sultation with the Secretary of State).
grams contribute directly to the loss of supported by the Fund; (j) COMPLIANCE WITH THE FOREIGN AID
human life and cannot be tolerated; and (iii) private and governmental contribu- TRANSPARENCY AND ACCOUNTABILITY ACT OF
(II) in making financial recoveries relating tions to the Fund; and 2016.—Section 2(3) of the Foreign Aid Trans-
to a corrupt act or criminal conduct under a (iv) the criteria utilized to determine the parency and Accountability Act of 2016 (Pub-
programs and activities that should be as- lic Law 114–191; 22 U.S.C. 2394c note) is
grant, as determined by the Inspector Gen-
sisted by the Fund. amended—
eral, the responsible grant recipient should
(3) GAO REPORT ON EFFECTIVENESS.—Not (1) in subparagraph (C), by striking ‘‘and’’
be assessed at a recovery rate of up to 150
later than 2 years after the date that the at the end;
percent of such loss.
Fund comes into effect, the Comptroller (2) in subparagraph (D), by striking the pe-
(B) ADMINISTRATIVE EXPENSES.—The Sec-
General of the United States shall submit to riod at the end and inserting ‘‘; and’’; and
retary of State shall seek to ensure the Fund
the appropriate congressional committees a (3) by adding at the end the following:
establishes, maintains, and makes publicly
report evaluating the effectiveness of the ‘‘(E) section øll¿ of the National Defense
available a system to track the administra-
Fund, including— Authorization Act for Fiscal Year 2022.’’.
tive and management costs of the Fund on a (k) DEFINITIONS.—In this section:
quarterly basis. (A) the effectiveness of the programs,
projects, and activities supported by the (1) APPROPRIATE CONGRESSIONAL COMMIT-
(C) FINANCIAL TRACKING SYSTEMS.—The TEES.—The term ‘‘appropriate congressional
Fund; and
Secretary of State shall ensure that the Committees’’ means—
(B) an assessment of the merits of contin-
Fund establishes, maintains, and makes pub- (A) the Committee on Foreign Affairs and
ued United States participation in the Fund.
licly available a system to track the amount (i) UNITED STATES CONTRIBUTIONS.— the Committee on Appropriations of the
of funds disbursed to each grant recipient (1) IN GENERAL.—Subject to submission of House of Representatives; and
and sub-recipient during a grant’s fiscal the certification under this section, the (B) the Committee on Foreign Relations
cycle. President is authorized to make available for and the Committee on Appropriations of the
(g) FUND ADVISORY BOARD.— United States contributions to the Fund Senate.
(1) IN GENERAL.—There should be an Advi- such funds as may be authorized to be made (2) GLOBAL HEALTH SECURITY.—The term
sory Board to the Fund. available for such purpose. ‘‘global health security’’ means activities
(2) APPOINTMENTS.—The members of the (2) NOTIFICATION.—The Secretary of State supporting epidemic and pandemic prepared-
Advisory Board should be composed of— shall notify the appropriate congressional ness and capabilities at the country and
(A) individuals with experience and leader- committees not later than 15 days in ad- global levels in order to minimize vulner-
ship in the fields of development, global vance of making a contribution to the Fund, ability to acute public health events that
health, epidemiology, medicine, biomedical including— can endanger the health of populations
research, and social sciences; and (A) the amount of the proposed contribu- across geographical regions and inter-
(B) representatives of relevant United Na- tion; national boundaries.
tions agencies, including the World Health (B) the total of funds contributed by other (l) SUNSET.—This section, and the amend-
Organization, and nongovernmental organi- donors; and ments made by this section, shall cease to
zations with on-the-ground experience in im- (C) the national interests served by United have force or effect on the date that is 5
plementing global health programs in low States participation in the Fund. years after the date of the enactment of this
and lower-middle income countries. (3) LIMITATION.—At no point during the 5 Act.
(3) RESPONSIBILITIES.—The Advisory Board years after the date of the enactment of this AMENDMENT NO. 115 OFFERED BY MR. CONNOLLY
should provide advice and guidance to the Act shall a United States contribution to the OF VIRGINIA
Executive Board of the Fund on the develop- Fund cause the cumulative total of United At the end of subtitle C of title XIII, add
ment and implementation of programs and States contributions to the Fund to exceed the following:
projects to be assisted by the Fund and on 33 percent of the total contributions to the SEC. 13ll. REPORT ON PARTICIPANTS IN SECU-
leveraging donations to the Fund. Fund from all sources. RITY COOPERATION TRAINING PRO-
(4) PROHIBITION ON PAYMENT OF COMPENSA- (4) WITHHOLDINGS.— GRAMS AND RECIPIENTS OF SECU-
TION.— (A) SUPPORT FOR ACTS OF INTERNATIONAL RITY ASSISTANCE TRAINING THAT
(A) IN GENERAL.—Except for travel ex- HAVE BEEN DESIGNATED FOR
TERRORISM.—If at any time the Secretary of
HUMAN RIGHTS ABUSES, TERRORIST
penses (including per diem in lieu of subsist- State determines that the Fund has provided ACTIVITIES OR PARTICIPATION IN A
ence), no member of the Advisory Board assistance to a country, the government of MILITARY COUP.
should receive compensation for services per- which the Secretary of State has deter- (a) IN GENERAL.—Not later than 180 days
formed as a member of the Board. mined, for purposes of section 620A of the after the date of the enactment of this Act,
(B) UNITED STATES REPRESENTATIVE.—Not- Foreign Assistance Act of 1961 (22 U.S.C. the Secretary of State and the Secretary of
withstanding any other provision of law (in- 2371) has repeatedly provided support for acts Defense, in consultation with the heads of
cluding an international agreement), a rep- of international terrorism, the United States other appropriate Federal departments and
resentative of the United States on the Advi- shall withhold from its contribution to the agencies, shall submit to the appropriate
sory Board may not accept compensation for Fund for the next fiscal year an amount congressional committees a report on indi-
services performed as a member of the equal to the amount expended by the Fund viduals and units of security forces of foreign
Board, except that such representative may to the government of such country. countries that—
accept travel expenses, including per diem in (B) EXCESSIVE SALARIES.—If at any time (1) have participated in security coopera-
lieu of subsistence, while away from the rep- during the five years after enactment of this tion training programs or received security
resentative’s home or regular place of busi- Act, the Secretary of State determines that assistance training authorized under the
ness in the performance of services for the
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the salary of any individual employed by the Foreign Assistance Act of 1961 (22 U.S.C. 2151
Board. Fund exceeds the salary of the Vice Presi- et seq.) or title 10, United States Code; and
(5) CONFLICTS OF INTEREST.—Members of dent of the United States for that fiscal (2) at any time during the period beginning
the Advisory Board should be required to dis- year, then the United States should withhold on January 1, 2010, and ending on the date of
close any potential conflicts of interest prior from its contribution for the next fiscal year the enactment of this Act—
to serving on the Advisory Board. an amount equal to the aggregate amount by (A) have been subject to United States
(h) REPORTS TO CONGRESS ON THE FUND.— which the salary of each such individual ex- sanctions relating to violations of human
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H4920 CONGRESSIONAL RECORD — HOUSE September 22, 2021
rights under any provision of law, including ‘‘§ 3607. Federal risk and authorization man- for all relevant information, guidance, deter-
under— agement program minations, and other materials required
(i) the Global Magnitsky Human Rights ‘‘There is established within the General under subsection (a).
Accountability Act (22 U.S.C. 2656 note); Services Administration the Federal Risk ‘‘(2) CRITERIA AND PROCESS FOR FEDRAMP
(ii) section 620M of the Foreign Assistance and Authorization Management Program AUTHORIZATION PRIORITIES.—The Adminis-
Act of 1961 (22 U.S.C. 2378d); or (FedRAMP). The Administrator of General trator shall develop and make publicly avail-
(iii) section 362 of title 10, United States Services, subject to section 3612, shall estab- able on the website described in paragraph
Code; lish a governmentwide program that pro- (1) the criteria and process for prioritizing
(B) have been subject to United States vides a standardized, reusable approach to and selecting cloud computing products and
sanctions relating to terrorist activities security assessment and authorization for services that will receive a FedRAMP au-
under authorities provided in— cloud computing products and services that thorization, in consultation with the
(i) section 219 of the Immigration and Na- process unclassified information used by FedRAMP Board and the Chief Information
tionality Act (8 U.S.C. 1189); agencies. Officers Council established in section 3603.
(ii) the National Emergencies Act (50 ‘‘§ 3608. Roles and responsibilities of the gen- ‘‘(c) EVALUATION OF AUTOMATION PROCE-
U.S.C. 1601 et seq.); eral services administration DURES.—
(iii) the International Emergency Eco- ‘‘(a) ROLES AND RESPONSIBILITIES.—The Ad- ‘‘(1) IN GENERAL.—The Administrator shall
nomic Powers Act (50 U.S.C. 1701 et seq.), ministrator of General Services shall— assess and evaluate available automation ca-
other than sanctions on the importation of ‘‘(1) develop, coordinate, and implement a pabilities and procedures to improve the effi-
goods provided for under such Act; or process to support agency review, reuse, and ciency and effectiveness of the issuance of
(iv) any other provision of law; or standardization, where appropriate, of secu- FedRAMP authorizations, including contin-
(C) have been subject to United States rity assessments of cloud computing prod- uous monitoring of cloud computing prod-
sanctions relating to involvement in a mili- ucts and services, including appropriate ucts and services.
tary coup under any provision of law. oversight of continuous monitoring of cloud ‘‘(2) MEANS FOR AUTOMATION.—Not later
(b) UPDATE.—The Secretary of State and than 1 year after the date of the enactment
computing products and services, pursuant
the Secretary of Defense, in consultation of this section, and updated regularly there-
to guidance issued by the Director pursuant
with the heads of other appropriate Federal after, the Administrator shall establish a
to section 3612;
departments and agencies, shall submit to means for the automation of security assess-
‘‘(2) establish processes and identify cri-
the appropriate congressional committees an ments and reviews.
annual update of the report required by sub- teria, consistent with guidance issued by the
Director in section 3612, which would make a ‘‘(d) METRICS FOR AUTHORIZATION.—The Ad-
section (a) on individuals and units of secu- ministrator shall establish annual metrics
rity forces of foreign countries that— cloud computing product or service eligible
for a FedRAMP authorization and validate regarding the time and quality of the assess-
(1) have participated in security coopera- ments necessary for completion of a
tion training programs or received security whether a cloud computing product or serv-
ice has a FedRAMP authorization; FedRAMP authorization process in a manner
assistance training authorized under the that can be consistently tracked over time
Foreign Assistance Act of 1961 (22 U.S.C. 2151 ‘‘(3) develop and publish templates, best
practices, technical assistance, and other in conjunction with the periodic testing and
et seq.) or title 10, United States Code; and evaluation process pursuant to section 3554
(2) at any time during the preceding year, materials to support the authorization of
cloud computing products and services and in a manner that minimizes the agency re-
any of the provisions of subparagraph porting burden.
(A),(B), or (C) of subsection (a)(2) have ap- increase the speed, effectiveness, and trans-
parency of the authorization process, con- ‘‘§ 3609. FedRAMP board
plied with respect to such individuals or
units. sistent with standards defined by the Na- ‘‘(a) ESTABLISHMENT.—There is established
(c) REQUESTS BY CHAIRPERSON AND RANKING tional Institute of Standards and Technology a FedRAMP board to provide input and rec-
MEMBER OF APPROPRIATE CONGRESSIONAL and relevant statutes; ommendations to the Administrator regard-
COMMITTEES.—Not later than 30 days after ‘‘(4) grant FedRAMP authorizations to ing the requirements and guidelines for secu-
receiving a written request from the chair- cloud computing products and services, con- rity assessments of cloud computing prod-
person and ranking member of the one of the sistent with the guidance and direction of ucts and services developed under subsection
appropriate congressional committees with the FedRAMP board established in section (d) of this section.
respect to whether an individual or unit of 3609; ‘‘(b) MEMBERSHIP.—The board shall consist
security forces of foreign countries has re- ‘‘(5) establish and maintain a public com- of not more than seven senior officials or ex-
ceived training described in subsection (a)(1), ment process for proposed guidance and perts from agencies , appointed by the Direc-
the Secretary of State and the Secretary of other program directives that may have a di- tor, in consultation with the Administrator,
Defense, in consultation with the heads of rect impact on cloud service providers and from each of the following:
other appropriate agencies, shall— agencies before the issuance of such guid- ‘‘(1) The Department of Defense.
(1) determine if that individual or unit has ance or other programmatic directives; ‘‘(2) The Department of Homeland Secu-
received such training; and ‘‘(6) coordinate with the FedRAMP board, rity.
(2) submit a report to the chairperson and the Director of the Cybersecurity and Infra- ‘‘(3) The General Services Administration.
ranking member of that committee with re- structure Security Agency, and other enti- ‘‘(4) Such other agencies as determined by
spect to that determination that includes a ties identified by the Administrator, with the Director, in consultation with the Ad-
detailed description of the training the indi- the concurrence of the Director, to establish ministrator.
vidual received. and regularly update a framework for con- ‘‘(c) QUALIFICATIONS.—Members of the
(d) FORM.—The report required by sub- tinuous monitoring under section 3553; FedRAMP board appointed under subsection
section (a) shall be submitted in unclassified ‘‘(7) provide a secure mechanism for stor- (b) shall have technical expertise in domains
form, but may include a classified annex. ing and sharing necessary data, including relevant to the program, such as—
(e) DEFINITIONS.—In this section: FedRAMP authorization packages, to enable ‘‘(1) cloud computing;
(1) APPROPRIATE CONGRESSIONAL COMMIT- better reuse of such packages across agen- ‘‘(2) cybersecurity;
TEES.—The term ‘‘appropriate congressional cies, including making available any infor- ‘‘(3) privacy;
committees’’ means— mation and data necessary for agencies to ‘‘(4) risk management; and
(A) the Committee on Armed Services and fulfill the requirements of subsection 3611; ‘‘(5) other competencies identified by the
the Committee on Foreign Relations of the ‘‘(8) provide regular updates to applicant Director to support the secure authorization
Senate; and cloud service providers on the status of any of cloud services and products.
(B) the Committee on Armed Services and cloud computing product or service during ‘‘(d) DUTIES.—The FedRAMP board shall—
the Committee on Foreign Affairs of the an assessment process; ‘‘(1) in consultation with the Adminis-
House of Representatives. ‘‘(9) regularly review, in consultation with trator, serve as a resource for best practices
(2) GOOD.—The term ‘‘good’’ means any ar- the FedRAMP Board, the costs associated to accelerate the process for obtaining a
ticle, natural or man-made substance, mate- with the independent assessment services of FedRAMP authorization;
rial, supply or manufactured product, includ- third-party organizations referenced in sec- ‘‘(2) review and approve requirements and
ing inspection and test equipment, and ex- tion 3610; guidelines for security authorizations of
cluding technical data. ‘‘(10) support the Federal Secure Cloud Ad- cloud computing products and services, con-
AMENDMENT NO. 116 OFFERED BY MR. CONNOLLY visory Committee, established pursuant to sistent with standards defined by the Na-
OF VIRGINIA subsection 3615; and tional Institute of Standards and Tech-
Page 1390, after line 19, add the following ‘‘(11) such other actions as the Adminis- nology, to be used in the determination of
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new section (and update the table of con- trator may determine necessary to improve FedRAMP authorizations;
tents accordingly): the program. ‘‘(3) monitor and oversee, to the greatest
SEC. 6013. CODIFICATION OF THE FEDRAMP PRO- ‘‘(b) WEBSITE.— extent practicable, the processes and proce-
GRAM. ‘‘(1) IN GENERAL.—The Administrator shall dures by which agencies determine and vali-
(a) AMENDMENT.—Chapter 36 of title 44, maintain a public website to serve as the au- date requirements for a FedRAMP authoriza-
United States Code, is amended by adding at thoritative repository for the program, in- tion, including periodic review of the agency
the end the following new sections: cluding the timely publication and updates determinations described in section 3611(b),
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4921
and ensure consistency and transparency be- tion to operate letter and any supplementary techniques to securely automate FedRAMP
tween agencies and cloud service providers information required pursuant to section processes and to accelerate reporting as de-
in a manner that minimizes confusion and 3608(a) to the Administrator. scribed in this section.
engenders trust; and ‘‘(d) SUBMISSION OF POLICIES REQUIRED.— ‘‘(7) The number and characteristics of au-
‘‘(4) perform such other roles and respon- Not later than 6 months after the date on thorized cloud computing products and serv-
sibilities as the Director may assign, with which the Director issues guidance in ac- ices in use at each agency consistent with
concurrence from the Administrator. cordance with section 3612, the head of each guidance provided by the Director in section
‘‘(e) DETERMINATIONS OF DEMAND FOR agency, acting through the agency Chief In- 3612.
CLOUD COMPUTING PRODUCTS AND SERVICES.— formation Officer, shall submit to the Direc- ‘‘(b) GAO REPORT.—Not later than 6
The FedRAMP Board may consult with the tor all agency policies created related to the months after the date of the enactment of
Chief Information Officers Council estab- authorization of cloud computing products this section, the Comptroller General of the
lished in section 3603 to establish a process, and services. United States shall publish a report that in-
that may be made available the website ref- ‘‘(e) PRESUMPTION OF ADEQUACY.— cludes an assessment of the cost incurred by
erenced in section 3608, for prioritizing and ‘‘(1) IN GENERAL.—The assessment of secu- agencies and cloud service providers related
accepting the cloud computing products and rity controls and materials within the au- to the issuance of FedRAMP authorizations.
services to be granted a FedRAMP author- thorization package for a FedRAMP author-
ization shall be presumed adequate for use in ‘‘§ 3615. Federal secure cloud advisory com-
ization. mittee
an agency authorization to operate cloud
‘‘§ 3610. Independent assessment organiza- ‘‘(a) ESTABLISHMENT, PURPOSES, AND DU-
computing products and services.
tions TIES.—
‘‘(2) INFORMATION SECURITY REQUIRE-
‘‘(a) REQUIREMENTS FOR ACCREDITATION.— MENTS.—The presumption under paragraph ‘‘(1) ESTABLISHMENT.—There is established
The Administrator may, consistent with (1) does not modify or alter the responsi- a Federal Secure Cloud Advisory Committee
guidance issued by the Director, determine bility of any agency to ensure compliance (referred to in this section as the ‘Com-
the requirements for accreditation of a with subchapter II of chapter 35 for any mittee’) to ensure effective and ongoing co-
third-party organization to perform inde- cloud computing products or services used by ordination of agency adoption, use, author-
pendent assessments and other activities the agency. ization, monitoring, acquisition, and secu-
that will improve the overall performance of rity of cloud computing products and serv-
‘‘§ 3612. Roles and responsibilities of the of-
the program and reduce the cost of ices to enable agency mission and adminis-
fice of management and budget
FedRAMP authorizations for cloud service trative priorities.
providers. Such requirements may include ‘‘(a) ROLES AND RESPONSIBILITIES.—The Di-
‘‘(2) PURPOSES.—The purposes of the Com-
developing or requiring certification pro- rector shall:
mittee are the following:
grams for individuals employed by the third- ‘‘(1) Issue guidance to specify the cat-
‘‘(A) To examine the operations of
party organization seeking accreditation. egories or characteristics of cloud computing
FedRAMP and determine ways that author-
‘‘(b) CERTIFICATION.—The Administrator or products and services, in consultation with
ization processes can continuously be im-
their designee may accredit any third-party the Administrator, for which agencies must
proved, including the following:
organization that meets the requirements obtain or use a FedRAMP authorization be-
‘‘(i) Measures to increase agency re-use of
for accreditation. If accredited pursuant to fore operating such a product or service as a
FedRAMP authorizations.
the requirements defined pursuant to sub- Federal information system. Such guidance
‘‘(ii) Proposed actions that can be adopted
section (a), a certified independent assess- shall encompass, to the greatest extent prac-
to reduce the burden, confusion, and cost as-
ment organization may assess, validate, and ticable, all necessary and appropriate cloud
sociated with FedRAMP authorizations for
attest to the quality and compliance of secu- computing products and services.
cloud service providers.
rity assessment materials provided by cloud ‘‘(2) Issue guidance describing additional
‘‘(iii) Measures to increase the number of
service providers. responsibilities of the FedRAMP program
FedRAMP authorizations for cloud com-
‘‘§ 3611. Roles and responsibilities of agencies and board to accelerate the adoption of se-
puting services offered by small businesses
cure cloud computing services in the Federal
‘‘(a) IN GENERAL.—In implementing the re- (as defined by section 3(a) of the Small Busi-
Government.
quirements of the program, the head of each ness Act (15 U.S.C. 632(a)).
‘‘(3) Oversee the effectiveness of the
agency shall, consistent with guidance ‘‘(iv) Proposed actions that can be adopted
FedRAMP program and board, including
issued by the Director pursuant to section to reduce the burden and cost of FedRAMP
compliance by the FedRAMP board with its
3612— authorizations for agencies.
duties as described in section 3609.
‘‘(1) promote the use of cloud computing ‘‘(B) Collect information and feedback on
‘‘(4) To the greatest extent practicable, en-
products and services which meet FedRAMP agency compliance with and implementation
courage and promote consistency of guidance
security requirements and other risk-based of FedRAMP requirements.
on the adoption, security, and use of cloud
performance requirements as defined by the ‘‘(C) Serve as a forum that facilitates com-
computing products and services used within
Director; munication and collaboration among the
agencies.
‘‘(2) confirm whether there is a FedRAMP FedRAMP stakeholder community.
‘‘§ 3613. Authorization of appropriations for ‘‘(3) DUTIES.—The duties of the Committee
authorization in the secure mechanism es-
FedRAMP are, at a minimum, to provide advice and
tablished under section 3608(b)(10) before be-
ginning the process to grant a FedRAMP au- ‘‘There is authorized to be appropriated recommendations to the Administrator, the
thorization for a cloud computing product or $20,000,000 each year for the FedRAMP Pro- FedRAMP Board, and to agencies on tech-
service; gram and Board. nical, financial, programmatic, and oper-
‘‘(3) to the extent practicable, for any ‘‘§ 3614. Reports to congress; GAO report ational matters regarding secure adoption of
cloud computing product or service the agen- ‘‘(a) REPORTS TO CONGRESS.—Not later than cloud computing products and services.
cy seeks to authorize that has received a 12 months after the date of the enactment of ‘‘(b) MEMBERS.—
FedRAMP authorization, use the existing as- this section, and annually thereafter, the Di- ‘‘(1) COMPOSITION.—The Committee shall be
sessments of security controls and materials rector shall submit to the Committee on comprised of not more than 15 members who
within the FedRAMP authorization package; Oversight and Reform of the House of Rep- are qualified representatives from the public
and resentatives and the Committee on Home- and private sectors, appointed by the Admin-
‘‘(4) provide data and information required land Security and Governmental Affairs of istrator, in consultation with the Director,
to the Director pursuant to section 3612 to the Senate a report that includes the fol- as follows:
determine how agencies are meeting metrics lowing: ‘‘(A) The Administrator or the Administra-
as defined by the Administrator. ‘‘(1) The status, efficiency, and effective- tor’s designee, who shall be the Chair of the
‘‘(b) ATTESTATION.—To the extent an agen- ness of the General Services Administration, Committee.
cy determines that the information and data pursuant to section 3608, and agencies, pursu- ‘‘(B) At least one representative each from
they have reviewed pursuant to subsection ant to section 3611, during the preceding year the Cybersecurity and Infrastructure Secu-
(a)(2) is wholly or substantially deficient for in supporting the speed, effectiveness, shar- rity Agency and the National Institute of
the purposes of performing an authorization ing, reuse, and security of authorizations to Standards and Technology.
of cloud computing products or services, the operate for cloud computing products and ‘‘(C) At least two officials who serve as the
head of the agency shall document as part of services. Chief Information Security Officer within an
the resulting FedRAMP authorization pack- ‘‘(2) Progress towards meeting the metrics agency, who shall be required to maintain
age the reasons for this determination upon required pursuant to section 3608(d). such a position throughout the duration of
completion of any assessment or authoriza- ‘‘(3) Data on FedRAMP authorizations. their service on the Committee.
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tion activities for that particular cloud com- ‘‘(4) The average length of time to issue ‘‘(D) At least one official serving as Chief
puting product or service. FedRAMP authorizations. Procurement Officer (or equivalent) in an
‘‘(c) SUBMISSION OF AUTHORIZATIONS TO OP- ‘‘(5) The number of FedRAMP authoriza- agency, who shall be required to maintain
ERATE REQUIRED.—Upon issuance of an agen- tions submitted, issued, and denied for the such a position throughout the duration of
cy authorization to operate based on a previous year. their service on the Committee.
FedRAMP authorization, the head of the ‘‘(6) A review of progress made during the ‘‘(E) At least one individual representing
agency shall provide a copy of its authoriza- preceding year in advancing automation an independent assessment organization.
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H4922 CONGRESSIONAL RECORD — HOUSE September 22, 2021
‘‘(F) No fewer than five representatives Committee shall submit to the Adminis- AMENDMENT NO. 117 OFFERED BY MR. CORREA OF
from unique businesses that primarily pro- trator and Congress a final report containing CALIFORNIA
vide cloud computing services or products, such findings, conclusions, and recommenda- At the end of title LX, insert the following:
including at least two representatives from a tions as have been agreed to by the Com-
small business (as defined by section 3(a) of mittee. SEC. 60ll. ANNUAL REPORT ON VETERAN AC-
CESS TO GENDER SPECIFIC SERV-
the Small Business Act (15 U.S.C. 632(a))). ‘‘§ 3616. Definitions ICES UNDER DEPARTMENT OF VET-
‘‘(G) At least two other Government rep- ‘‘(a) IN GENERAL.—Except as provided ERANS AFFAIRS COMMUNITY CARE
resentatives as the Administrator deter- under subsection (b), the definitions under CONTRACTS.
mines to be necessary to provide sufficient sections 3502 and 3552 apply to sections 3607 (a) IN GENERAL.—Subchapter III of chapter
balance, insights, or expertise to the Com- through this section. 17 of title 38, United States Code, is amended
mittee. ‘‘(b) ADDITIONAL DEFINITIONS.—In sections by adding at the end the following new sec-
‘‘(2) DEADLINE FOR APPOINTMENT.—Each 3607 through this section: tion:
member of the Committee shall be appointed ‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
not later than 90 days after the date of the ‘‘§ 1730D. Annual report on veteran access to
trator’ means the Administrator of General
enactment of this section. gender specific services under community
Services.
‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— care contracts
‘‘(2) CLOUD COMPUTING.—The term ‘cloud
‘‘(A) IN GENERAL.—Each non-Federal mem- computing’ shall have the meaning given by ‘‘(a) IN GENERAL.—The Secretary shall sub-
ber of the Committee shall be appointed for the National Institutes of Standards and mit to the Committees on Veterans’ Affairs
a term of 3 years, except that the initial Technology Special Publication 800–145. of the Senate and the House of Representa-
terms for members may be staggered 1-, 2-, ‘‘(3) CLOUD SERVICE PROVIDER.—The term tives an annual report on the access of
or 3-year terms to establish a rotation in ‘cloud service provider’ means an entity of- women veterans to gender specific services
which one-third of the members are selected fering cloud computing products or services under contracts, agreements, or other ar-
each year. Any such member may be ap- to agencies. rangements with non-Department medical
pointed for not more than 2 consecutive ‘‘(4) DIRECTOR.—The term ‘Director’ means providers entered into by the Secretary for
terms. the Director of the Office of Management the provision of hospital care or medical
‘‘(B) VACANCIES.—Any vacancy in the Com- and Budget. services to veterans. Such report shall in-
mittee shall not affect its powers, but shall ‘‘(5) FEDRAMP.—The term ‘FedRAMP’ clude data and performance measures for the
be filled in the same manner in which the means the Federal Risk and Authorization availability of gender specific services, in-
original appointment was made. Any mem- Management Program established under sec- cluding—
ber appointed to fill a vacancy occurring be- tion 3607(a). ‘‘(1) the average wait time between the vet-
fore the expiration of the term for which the ‘‘(6) FEDRAMP AUTHORIZATION.—The term eran’s preferred appointment date and the
member’s predecessor was appointed shall be ‘FedRAMP authorization’ means a certifi- date on which the appointment is completed;
appointed only for the remainder of that cation that a cloud computing product or ‘‘(2) the average driving time required for
term. A member may serve after the expira- service has completed a FedRAMP author- veterans to attend appointments; and
tion of that member’s term until a successor ization process, as determined by the Admin- ‘‘(3) reasons why appointments could not
has taken office. istrator or received a FedRAMP provisional be scheduled with non-Department medical
‘‘(c) MEETINGS AND RULES OF PROCE- providers.
authorization to operate as determined by
DURES.—
the FedRAMP Board. ‘‘(b) GENDER SPECIFIC SERVICES.—In this
‘‘(1) MEETINGS.—The Committee shall hold
‘‘(7) FEDRAMP AUTHORIZATION PACKAGE.— section, the term ‘gender specific services’
not fewer than three meetings in a calendar
The term ‘FedRAMP authorization package’ means mammography, obstetric care, gyne-
year, at such time and place as determined
means the essential information that can be cological care, and such other services as the
by the Chair.
used by an agency to determine whether to Secretary determines appropriate.’’.
‘‘(2) INITIAL MEETING.—Not later than 120
authorize the operation of an information (b) CLERICAL AMENDMENT.—The table of
days after the date of the enactment of this
system or the use of a designated set of com- sections at the beginning of such chapter is
section, the Committee shall meet and begin
mon controls for all cloud computing prod- amended by inserting after the item relating
the operations of the Committee.
ucts and services authorized by the to section 1730C the following new item:
‘‘(3) RULES OF PROCEDURE.—The Committee
FedRAMP program.
may establish rules for the conduct of the ‘‘1730D. Annual report on veteran access to
‘‘(8) INDEPENDENT ASSESSMENT ORGANIZA-
business of the Committee, if such rules are gender specific services under
TION.—The term ‘independent assessment or-
not inconsistent with this section or other community care contracts.’’.
ganization’ means a third-party organization
applicable law. SEC. 3. ESTABLISHMENT OF ENVIRONMENT OF
‘‘(d) EMPLOYEE STATUS.— accredited by the Administrator to under-
take conformity assessments of cloud service CARE STANDARDS AND INSPEC-
‘‘(1) IN GENERAL.—A member of the Com- TIONS AT DEPARTMENT OF VET-
mittee (other than a member who is ap- providers and their products or services.
ERANS AFFAIRS MEDICAL CENTERS.
‘‘(9) FEDRAMP BOARD.—The term
pointed to the Committee in connection with (a) IN GENERAL.—The Secretary of Vet-
another Federal appointment) shall not be ‘FedRAMP board’ means the board estab-
lished under section 3609.’’. erans Affairs shall establish a policy under
considered an employee of the Federal Gov- which—
(b) TECHNICAL AND CONFORMING AMEND-
ernment by reason of any service as such a (1) the environment of care standards and
MENT.—The table of sections for chapter 36 of
member, except for the purposes of section inspections at Department of Veterans Af-
title 44, United States Code, is amended by
5703 of title 5, relating to travel expenses. fairs medical centers include—
adding at the end the following new items:
‘‘(2) PAY NOT PERMITTED.—A member of the (A) an alignment of the requirements for
Committee covered by paragraph (1) may not ‘‘3607. Federal Risk and Authorization Man-
such standards and inspections with the
receive pay by reason of service on the Com- agement Program
‘‘3608. Roles and Responsibilities of the Gen- women’s health handbook of the Veterans
mittee. Health Administration;
‘‘(e) APPLICABILITY TO THE FEDERAL ADVI- eral Services Administration
‘‘3609. FedRAMP board (B) a requirement for the frequency of such
SORY COMMITTEE ACT.—Section 14 of the Fed-
‘‘3610. Independent assessment organizations inspections;
eral Advisory Committee Act (5 U.S.C. App.)
‘‘3611. Roles and responsibilities of agencies (C) delineation of the roles and responsibil-
shall not apply to the Committee.
‘‘(f) DETAIL OF EMPLOYEES.—Any Federal ‘‘3612. Roles and responsibilities of the Office ities of staff at the medical center who are
Government employee may be detailed to of Management and Budget responsible for compliance; and
the Committee without reimbursement from ‘‘3613. Authorization of appropriations for (D) the requirement that each medical cen-
the Committee, and such detailee shall re- FedRAMP ter submit to the Secretary a report on the
tain the rights, status, and privileges of his ‘‘3614. Reports to Congress compliance of the medical center with the
or her regular employment without interrup- ‘‘3615. Federal Secure Cloud Advisory Com- standards; and
tion. mittee (2) for the purposes of the End of Year Hos-
‘‘(g) POSTAL SERVICES.—The Committee ‘‘3616. Definitions’’. pital Star Rating, no medical center is eligi-
may use the United States mails in the same (c) SUNSET.—This section and any amend- ble for a five star rating as reported under
manner and under the same conditions as ment made by this section shall be repealed the Strategic Analytics for Improvement and
agencies. on the date that is 10 years after the date of Learning Value Model unless it meets the
‘‘(h) REPORTS.— the enactment of this section. environment of care standards.
‘‘(1) INTERIM REPORTS.—The Committee (d) RULE OF CONSTRUCTION.—Nothing in (b) REPORT.—Not later than 180 days after
ctelli on DSK11ZRN23PROD with HOUSE
may submit to the Administrator and Con- this section or any amendment made by this the date of the enactment of this Act, the
gress interim reports containing such find- section shall be construed as altering or im- Secretary shall submit to the Committees on
ings, conclusions, and recommendations as pairing the authorities of the Director of the Veterans’ Affairs of the Senate and House of
have been agreed to by the Committee. Office of Management and Budget or the Sec- Representatives certification in writing that
‘‘(2) ANNUAL REPORTS.—Not later than 18 retary of Homeland Security under sub- the policy required by subsection (a) has
months after the date of the enactment of chapter II of chapter 35 of title 44, United been finalized and disseminated to Depart-
this section, and annually thereafter, the States Code. ment all medical centers.
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4923
AMENDMENT NO. 118 OFFERED BY MS. CRAIG OF Army shall treat explosive ordnance disposal SEC. 3ll. REPORT ON MAINTENANCE AND RE-
MINNESOTA as a special operations activity. PAIR OF AIRCRAFT TURBINE EN-
(h) EXPLOSIVE ORDNANCE DISPOSAL ACTIVI- GINE ROTORS.
At the end of subtitle A of title III, insert
TIES DEFINED.—In this section, the term ‘‘ex- (a) REPORT.—Not later than 180 days after
the following:
plosive ordnance disposal activities’’ means the date of the enactment of this Act, the
SEC. 3ll. FUNDING FOR ARMY COMMUNITY
SERVICES. activities relating to the detection, defeat, Secretary of Defense shall submit to the con-
disposal, and analysis of explosive ordnance, gressional defense committees a report on
(a) INCREASE.—Notwithstanding the
including— the inventory, maintenance, and repair of
amounts set forth in the funding tables in di-
(1) gaining access to anti-access and area- aircraft turbine engine rotors by the Depart-
vision D, the amount authorized to be appro-
denial munitions; ment of Defense. Such report shall include
priated in section 301 for operation and
(2) preventing detonation signals via elec- information (disaggregated by aircraft type
maintenance for Army base operations sup-
tromagnetic spectrum; and military department) as follows:
port, line 100, as specified in the cor-
(3) identifying manufactured and impro- (1) A total inventory of all replacement
responding funding table in section 4301, for
vised explosive ordnance, including nuclear, aircraft turbine engine rotors produced or
Army Community Services, line 110, is here-
biological, and chemical ordnance; procured by Department.
by increased by $30,000,000.
(b) OFFSET.—Notwithstanding the amounts (4) rendering-safe, recovering, exploiting, (2) The total production and procurement
set forth in the funding tables in division D, transporting, and safely disposing of explo- costs in fiscal year 2021 for such replacement
the amount authorized to be appropriated in sive ordnance; and rotors.
section 301 for operation and maintenance, (5) gathering and analyzing technical intel- (3) The projected production and procure-
Army, as specified in the corresponding fund- ligence with respect to explosive ordnance. ment costs for such replacement rotors for
ing table in section 4301, for Army Adminis- fiscal years 2022, 2023, and 2024.
AMENDMENT NO. 120 OFFERED BY MR. CRAWFORD
tration, line 440, is hereby reduced by (4) Any funds invested by the Department
OF ARKANSAS
$15,000,000. to modernize the maintenance and repair of
At the end of subtitle J of title V, add the aircraft turbine engine rotors, and to lower
(c) OFFSET.—Notwithstanding the amounts following new section:
set forth in the funding tables in division D, associated costs.
SEC. 5ll. ADDITION OF ELEMENT TO REPORT (b) FORM.—The report under subsection (a)
the amount authorized to be appropriated in REGARDING THE DESIGNATION OF
section 301 for operation and maintenance, shall be submitted in unclassified form, but
EXPLOSIVE ORDNANCE DISPOSAL
Army, as specified in the corresponding fund- may have a classified annex.
CORPS AS A BASIC BRANCH OF THE
ing table in section 4301, for Army Other ARMY. AMENDMENT NO. 123 OFFERED BY MR. CROW OF
Service Support, line 480, is hereby reduced Section 582(b)(2) of the National Defense COLORADO
by $15,000,000. Authorization Act for Fiscal Year 2018 (Pub- Page 897, insert after line 7 the following
AMENDMENT NO. 119 OFFERED BY MR. CRAWFORD lic Law 115–91; 10 U.S.C. 3063 note) is amend- (and redesignate accordingly):
OF ARKANSAS ed by adding at the end the following new (b) STATUS OF AFGHANS EMPLOYED SUBJECT
At the end of subtitle B of title IX, add the subparagraph: TO A GRANT OR COOPERATIVE AGREEMENT.—
following new section: ‘‘(H) The Secretary of the Army has des- Section 602(b)(2)(A)(ii)(I) of the Afghan Allies
SEC. 9ll. EXPLOSIVE ORDNANCE DISPOSAL
ignated an Assistant Secretary of the Army Protection Act of 2009 (8 U.S.C. 1101 note) is
COMMAND. as the key individual responsible for devel- amended by inserting after ‘‘United States
(a) TRANSFER OF COMMAND AND REDESIGNA- oping and overseeing policy, plans, pro- Government’’ the following ‘‘, including em-
TION.—The 20th Chemical, Biological, Radio-
grams, and budgets, and issuing guidance ployment or other work in Afghanistan fund-
logical, Nuclear and high-yield Explosives and providing direction on the explosive ord- ed by the United States Government through
Command of the Army is hereby— nance disposal activities of the Army.’’. a cooperative agreement, grant, or non-
(1) transferred to the Army Special Oper- AMENDMENT NO. 121 OFFERED BY MR. CRAWFORD governmental organization, if the Secretary
ations Command within the United States OF ARKANSAS of State determines, based on a rec-
Special Operations Command; and ommendation from the Federal agency or or-
At the end of subtitle F of title III, add the
(2) redesignated as the 1st Explosive Ord- ganization authorizing such funding, that
following new section:
nance Disposal Command (referred to in this such alien contributed to the United States
SEC. 3ll. EXPLOSIVE ORDNANCE DISPOSAL DE-
section as the ‘‘EOD Command’’). mission in Afghanistan’’.
FENSE PROGRAM.
(b) COMMANDER.—There is a Commander of Section 2284(b) of title 10, United States AMENDMENT NO. 124 OFFERED BY MR. CROW OF
the EOD Command. The Commander shall be Code, is amended— COLORADO
selected by the Secretary of the Army from (1) in paragraph (1)— At the end of title LX of division E, insert
among the general officers of the Army (A) in subparagraph (A), by striking ‘‘and’’ the following:
who— after the semicolon; SEC. 6013. NATIONAL GLOBAL WAR ON TER-
(1) hold a rank of major general or higher; (B) in subparagraph (B), by striking ‘‘the RORISM MEMORIAL.
and Department of Defense’’ and all that follows (a) AUTHORIZATION.—Notwithstanding sec-
(2) have professional qualifications relat- and inserting ‘‘the Program;’’; tion 8908(c) of title 40, United States Code,
ing to explosive ordnance disposal. (C) by adding at the end the following new the Global War on Terrorism Memorial
(c) DUTIES.—The duties of the EOD Com- subparagraphs: Foundation shall establish a National Global
mand shall be to carry out explosive ord- ‘‘(C) direct the executive agent to des- War on Terrorism Memorial within the Re-
nance disposal activities in support of the ignate a joint program executive officer for serve.
Commander of the United States Special Op- the Program; and (b) LOCATION.—The Memorial may be lo-
erations Command, combatant commanders, ‘‘(D) assign the Director of the Defense cated at one of the following sites:
and the heads of such other Federal depart- Threat Reduction Agency to manage the De- (1) Potential Site 1—Constitution Gardens,
ments and agencies as the Secretary of De- fense-wide program element funding for the Prime Candidate Site 10 in The Memorials
fense considers appropriate. Program.’’. and Museums Master Plan.
(d) HEADQUARTERS.—The headquarters of (2) by striking paragraph (4); (2) Potential Site 2—JFK Hockey Fields,
the EOD Command shall be located at Fort (3) by redesignating paragraph (5) as para- Prime Candidate Site 18 in The Memorials
Bragg, North Carolina. graph (4); and Museums Master Plan.
(e) ADDITIONAL TRANSFERS.—Not later than (4) in paragraph (4), as so redesignated, by (3) Potential Site 3—West Potomac Park,
30 days after the date of the enactment of striking the period at the end and inserting Candidate Site 70 in The Memorials and Mu-
this Act, the Secretary of the Army shall a semicolon; and seums Master Plan.
transfer from the Army Forces Command to (5) by adding at the end the following new (c) COMMEMORATIVE WORKS ACT.—Except as
the EOD Command— paragraphs: otherwise provided by subsections (a) and
(1) five Explosive Ordnance Disposal ‘‘(5) the Secretary of the Navy shall des- (b), chapter 89 of title 40, United States Code
Groups; and ignate a Navy explosive ordnance disposal- (commonly known as the ‘‘Commemorative
(2) one Sustainment Brigade. qualified admiral officer to serve as the co- Works Act’’), shall apply to the Memorial.
(f) TIMELINE FOR OPERATIONAL CAPA-
chair of the Program; and (d) DEFINITIONS.—In this section:
BILITY.—The Secretary of the Army shall en-
‘‘(6) the Assistant Secretary of Defense for (1) MEMORIAL.—The term ‘‘Memorial’’
sure that the EOD Command—
Special Operations and Low Intensity Con- means the National Global War on Terrorism
(1) achieves early operational capability
flict shall designate the Deputy Assistant Memorial authorized under subsection (a).
not later than 90 days after the date of the
Secretary of Defense for Special Operations (2) RESERVE.—The term ‘‘Reserve’’ has the
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enactment of this Act; and
and Combating Terrorism as the co-chair of meaning given that term in 8902(a)(3) of title
(2) achieves full operational capability not
the Program.’’. 40, United States Code.
later than one year after such date of enact-
ment. AMENDMENT NO. 122 OFFERED BY MR. CRIST OF AMENDMENT NO. 125 OFFERED BY MR. CURTIS OF
(g) TREATMENT AS SPECIAL OPERATIONS AC- FLORIDA UTAH
TIVITY.—Consistent with the transfer made At the end of subtitle C of title III, add the At the end of title LX of division E, add
under subsection (a)(1), the Secretary of the following new section: the following:
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H4924 CONGRESSIONAL RECORD — HOUSE September 22, 2021
SEC. 6013. AMENDMENTS TO ANNUAL COUNTRY (b) OFFSET.—Notwithstanding the amounts (11) SIGNATURE.—The term ‘‘signature’’
REPORTS ON HUMAN RIGHTS PRAC- set forth in the funding tables in division D, means—
TICES. (A) an electronic signature; or
the amount authorized to be appropriated in
The Foreign Assistance Act of 1961 is section 201 for research, development, test, (B) a tangible symbol executed or adopted
amended as follows: and evaluation, Army, as specified in the by a person and evidencing the present in-
(1) In section 116 (22 U.S.C. 2151n), by add- corresponding funding table in section 4201, tent to authenticate or adopt a record.
ing at the end the following: for Integrated Personnel and Pay System - (12) SIMULTANEOUSLY.—The term ‘‘simulta-
‘‘(h) STATUS OF EXCESSIVE SURVEILLANCE neously’’, with respect to a communication
Army (IPPS-A), line 121, is hereby reduced
AND USE OF ADVANCED TECHNOLOGY.—
by $12,500,000. between parties—
‘‘(1) IN GENERAL.—The report required by (A) means that each party communicates
subsection (d) shall include, wherever appli- AMENDMENT NO. 127 OFFERED BY MS. DEAN OF
PENNSYLVANIA
substantially simultaneously and without
cable, a description of the status of surveil- unreasonable interruption or disconnection;
lance and use of advanced technology to im- Page 1390, insert after line 19 the following and
pose arbitrary or unlawful interference with (and conform the table of contents accord- (B) includes any reasonably short delay
privacy, or unlawful or unnecessary restric- ingly): that is inherent in, or common with respect
tions on freedoms of expression, peaceful as- TITLE LXI—SECURING AND ENABLING to, the method used for the communication.
sembly, association, or other internationally COMMERCE USING REMOTE AND ELEC- (13) STATE.—The term ‘‘State’’—
recognized human rights in each country, in- TRONIC NOTARIZATION (A) means—
cluding— (i) any State of the United States;
SEC. 6101. DEFINITIONS.
‘‘(A) whether the government of such coun- (ii) the District of Columbia;
try has adopted and is enforcing laws, regu- In this title:
(iii) the Commonwealth of Puerto Rico;
lations, policies, or practices relating to— (1) COMMUNICATION TECHNOLOGY.—The term
(iv) any territory or possession of the
‘‘(i) government surveillance or censorship, ‘‘communication technology’’, with respect
United States; and
including through facial recognition, bio- to a notarization, means an electronic device
(v) any federally recognized Indian Tribe;
metric data collection, internet and social or process that allows the notary public per-
and
media controls, sensors, spyware data ana- forming the notarization and a remotely lo-
(B) includes any executive, legislative, or
lytics, non-cooperative location tracking, re- cated individual to communicate with each judicial agency, court, department, board,
cording devices, or other similar advanced other simultaneously by sight and sound office, clerk, recorder, register, registrar,
technologies, and any allegations or reports during the notarization. commission, authority, institution, instru-
that this surveillance or censorship was un- (2) ELECTRONIC; ELECTRONIC RECORD; ELEC- mentality, county, municipality, or other
reasonable; TRONIC SIGNATURE; INFORMATION; PERSON;
political subdivision of an entity described
‘‘(ii) searches or seizures of individual or RECORD.—The terms ‘‘electronic’’, ‘‘elec-
in any of clauses (i) through (v) of subpara-
private institution data without independent tronic record’’, ‘‘electronic signature’’, ‘‘in- graph (A).
judicial authorization or oversight; and formation’’, ‘‘person’’, and ‘‘record’’ have the SEC. 6102. AUTHORIZATION TO PERFORM AND
‘‘(iii) surveillance of any group based on meanings given those terms in section 106 of MINIMUM STANDARDS FOR ELEC-
political views, religious beliefs, ethnicity, the Electronic Signatures in Global and Na- TRONIC NOTARIZATION.
or other protected category, in violation of tional Commerce Act (15 U.S.C. 7006). (a) AUTHORIZATION.—Unless prohibited
equal protection rights; (3) LAW.—The term ‘‘law’’ includes any under section 6109, and subject to subsection
‘‘(B) whether such country has imported or statute, regulation, rule, or rule of law. (b), a notary public may perform a notariza-
unlawfully obtained biometric or facial rec- (4) NOTARIAL OFFICER.—The term ‘‘notarial tion that occurs in or affects interstate com-
ognition data from other countries or enti- officer’’ means— merce with respect to an electronic record.
ties and, if applicable, from whom; and (A) a notary public; or (b) REQUIREMENTS OF ELECTRONIC NOTARI-
‘‘(C) whether the government agency end- (B) any other individual authorized to per- ZATION.—If a notary public performs a nota-
user has targeted individuals, including form a notarization under the laws of a State rization under subsection (a), the following
through the use of technology, in retaliation without a commission or appointment as a requirements shall apply with respect to the
for the exercise of their human rights or on notary public. notarization:
(5) NOTARIAL OFFICER’S STATE; NOTARY PUB- (1) The electronic signature of the notary
discriminatory grounds prohibited by inter-
LIC’S STATE.—The term ‘‘notarial officer’s public, and all other information required to
national law, including targeting journalists
State’’ or ‘‘notary public’s State’’ means the be included under other applicable law, shall
or members of minority groups.
State in which a notarial officer, or a notary be attached to or logically associated with
‘‘(2) DEFINITION.—In this subsection, the
public, as applicable, is authorized to per- the electronic record.
term ‘internet and social media controls’
form a notarization. (2) The electronic signature and other in-
means the arbitrary or unlawful imposition
(6) NOTARIZATION.—The term ‘‘notariza- formation described in paragraph (1) shall be
of restrictions, by state or service providers,
tion’’— bound to the electronic record in a manner
on internet and digital information and com-
(A) means any act that a notarial officer that renders any subsequent change or modi-
munication, such as through the blocking or
may perform under— fication to the electronic record evident.
filtering of websites, social media platforms,
(i) Federal law, including this title; or SEC. 6103. AUTHORIZATION TO PERFORM AND
and communication applications, the dele- MINIMUM STANDARDS FOR REMOTE
tion of content and social media posts, or the (ii) the laws of the notarial officer’s State;
NOTARIZATION.
penalization of online speech, in a manner and
(a) AUTHORIZATION.—Unless prohibited
that violates rights to free expression or as- (B) includes any act described in subpara-
under section 6109, and subject to subsection
sembly.’’. graph (A) and performed by a notarial offi- (b), a notary public may perform a notariza-
(2) In section 502B(b) (22 U.S.C. 2304(b))— cer— tion that occurs in or affects interstate com-
(A) by redesignating the second subsection (i) with respect to— merce for a remotely located individual.
(i) (as added by section 1207(b)(2) of Public (I) a tangible record; or (b) REQUIREMENTS OF REMOTE NOTARIZA-
Law 113–4) as subsection (j); and (II) an electronic record; and TION.—If a notary public performs a notariza-
(B) by adding at the end the following: (ii) for— tion under subsection (a), the following re-
‘‘(k) STATUS OF EXCESSIVE SURVEILLANCE (I) an individual in the physical presence of quirements shall apply with respect to the
AND USE OF ADVANCED TECHNOLOGY.—The re- the notarial officer; or notarization:
port required under subsection (b) shall in- (II) a remotely located individual. (1) The remotely located individual shall
clude, wherever applicable, a description of (7) NOTARY PUBLIC.—The term ‘‘notary pub- appear personally before the notary public at
the status of excessive surveillance and use lic’’ means an individual commissioned or the time of the notarization by using com-
of advanced technology to restrict human appointed as a notary public to perform a no- munication technology.
rights, including the descriptions of such tarization under the laws of a State. (2) The notary public shall—
policies or practices required under section (8) PERSONAL KNOWLEDGE.—The term ‘‘per- (A) reasonably identify the remotely lo-
116(h).’’. sonal knowledge’’, with respect to the iden- cated individual—
AMENDMENT NO. 126 OFFERED BY MR. RODNEY tity of an individual, means knowledge of (i) through personal knowledge of the iden-
DAVIS OF ILLINOIS the identity of the individual through deal- tity of the remotely located individual; or
At the end of subtitle B of title II, add the ings sufficient to provide reasonable cer- (ii) by obtaining satisfactory evidence of
following new section: tainty that the individual has the identity the identity of the remotely located indi-
SEC. 2ll. FUNDING INCREASE FOR 3D PRINTING claimed. vidual by—
OF INFRASTRUCTURE. (9) REMOTELY LOCATED INDIVIDUAL.—The (I) using not fewer than 2 distinct types of
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(a) INCREASE.—Notwithstanding the term ‘‘remotely located individual’’, with re- processes or services through which a third
amounts set forth in the funding tables in di- spect to a notarization, means an individual person provides a means to verify the iden-
vision D, the amount authorized to be appro- who is not in the physical presence of the no- tity of the remotely located individual
priated in section 201, as specified in the cor- tarial officer performing the notarization. through a review of public or private data
responding funding table in section 4201, line (10) REQUIREMENT.—The term ‘‘require- sources; or
038 (PE 0603119A), is hereby increased by ment’’ includes a duty, a standard of care, (II) oath or affirmation of a credible wit-
$12,500,000. and a prohibition. ness who—
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4925
(aa)(AA) is in the physical presence of the (A) is a remotely located individual; and (A) an individual in the physical presence
notary public or the remotely located indi- (B) appears personally before the notary of the notarial officer; or
vidual; or public at the time of the notarization by (B) a remotely located individual.
(BB) appears personally before the notary using communication technology; and (c) PRESUMPTION OF GENUINENESS.—In a de-
public and the remotely located individual (2)(A) the notarization was performed termination of the validity of a notarization
by using communication technology; under or relates to a public act, record, or ju- for the purposes of subsection (a), the signa-
(bb) has personal knowledge of the identity dicial proceeding of the notary public’s ture and title of an individual performing a
of the remotely located individual; and State; or notarization shall be prima facie evidence in
(cc) has been identified by the notary pub- (B) the notarization occurs in or affects any State court or judicial proceeding that
lic under clause (i) or subclause (I) of this interstate commerce. the signature is genuine and that the indi-
clause; SEC. 6104. RECOGNITION OF NOTARIZATIONS IN vidual holds the designated title.
(B) either directly or through an agent— FEDERAL COURT. (d) CONCLUSIVE EVIDENCE OF AUTHORITY.—
(i) create an audio and visual recording of (a) RECOGNITION OF VALIDITY.—Each court In a determination of the validity of a nota-
the performance of the notarization; and of the United States shall recognize as valid rization for the purposes of subsection (a),
(ii) notwithstanding any resignation from, under the State or Federal law applicable in the signature and title of the following no-
or revocation, suspension, or termination of, a judicial proceeding before the court any tarial officers of a State conclusively estab-
the notary public’s commission or appoint- notarization performed by a notarial officer lish the authority of the officer to perform
ment, retain the recording created under of any State if the notarization is valid the notarization:
clause (i) as a notarial record— under the laws of the notarial officer’s State (1) A notary public of that State.
(I) for a period of not less than— or under this title. (2) A judge, clerk, or deputy clerk of a
(aa) if an applicable law of the notary (b) LEGAL EFFECT OF RECOGNIZED NOTARI- court of that State.
public’s State specifies a period of retention, ZATION.—A notarization recognized under SEC. 6106. ELECTRONIC AND REMOTE NOTARIZA-
the greater of— subsection (a) shall have the same effect TION NOT REQUIRED.
(AA) that specified period; or under the State or Federal law applicable in Nothing in this title may be construed to
(BB) 5 years after the date on which the re- the applicable judicial proceeding as if that require a notary public to perform a notari-
cording is created; or notarization was validly performed— zation—
(bb) if no applicable law of the notary (1)(A) by a notarial officer of the State, the (1) with respect to an electronic record;
public’s State specifies a period of retention, law of which is applicable in the proceeding; (2) for a remotely located individual; or
10 years after the date on which the record- or (3) using a technology that the notary pub-
ing is created; and (B) under this title or other Federal law; lic has not selected.
(II) if any applicable law of the notary and SEC. 6107. VALIDITY OF NOTARIZATIONS; RIGHTS
public’s State govern the content, manner or (2) without regard to whether the notariza- OF AGGRIEVED PERSONS NOT AF-
place of retention, security, use, effect, or tion was performed— FECTED; STATE LAWS ON THE PRAC-
disclosure of such recording or any informa- TICE OF LAW NOT AFFECTED.
(A) with respect to—
tion contained in the recording, in accord- (i) a tangible record; or (a) VALIDITY NOT AFFECTED.—The failure
ance with those laws; and (ii) an electronic record; or of a notary public to meet a requirement
(C) if the notarization is performed with (B) for— under section 6102 or 6103 in the performance
respect to a tangible or electronic record, (i) an individual in the physical presence of of a notarization, or the failure of a notariza-
take reasonable steps to confirm that the the notarial officer; or tion to conform to a requirement under sec-
record before the notary public is the same (ii) a remotely located individual. tion 6102 or 6103, shall not invalidate or im-
record with respect to which the remotely (c) PRESUMPTION OF GENUINENESS.—In a de- pair the recognition of the notarization.
located individual made a statement or on termination of the validity of a notarization (b) RIGHTS OF AGGRIEVED PERSONS.—The
which the individual executed a signature. for the purposes of subsection (a), the signa- validity and recognition of a notarization
(3) If a guardian, conservator, executor, ture and title of an individual performing under this title may not be construed to pre-
personal representative, administrator, or the notarization shall be prima facie evi- vent an aggrieved person from seeking to in-
similar fiduciary or successor is appointed dence in any court of the United States that validate a record or transaction that is the
for or on behalf of a notary public or a de- the signature of the individual is genuine subject of a notarization or from seeking
ceased notary public under applicable law, and that the individual holds the designated other remedies based on State or Federal law
that person shall retain the recording under title. other than this title for any reason not spec-
paragraph (2)(B)(ii), unless— (d) CONCLUSIVE EVIDENCE OF AUTHORITY.— ified in this title, including on the basis—
(A) another person is obligated to retain In a determination of the validity of a nota- (1) that a person did not, with present in-
the recording under applicable law of the no- rization for the purposes of subsection (a), tent to authenticate or adopt a record, exe-
tary public’s State; or the signature and title of the following no- cute a signature on the record;
(B)(i) under applicable law of the notary tarial officers of a State shall conclusively (2) that an individual was incompetent,
public’s State, that person may transmit the establish the authority of the officer to per- lacked authority or capacity to authenticate
recording to an office, archive, or repository form the notarization: or adopt a record, or did not knowingly and
approved or designated by the State; and (1) A notary public of that State. voluntarily authenticate or adopt a record;
(ii) that person transmits the recording to (2) A judge, clerk, or deputy clerk of a or
the office, archive, or repository described in court of that State. (3) of fraud, forgery, mistake, misrepresen-
clause (i) in accordance with applicable law SEC. 6105. RECOGNITION BY STATE OF tation, impersonation, duress, undue influ-
of the notary public’s State. NOTARIZATIONS PERFORMED ence, or other invalidating cause.
(4) If the remotely located individual is UNDER AUTHORITY OF ANOTHER (c) RULE OF CONSTRUCTION.—Nothing in
physically located outside the geographic STATE. this title may be construed to affect a State
boundaries of a State, or is otherwise phys- (a) RECOGNITION OF VALIDITY.—Each State law governing, authorizing, or prohibiting
ically located in a location that is not sub- shall recognize as valid under the laws of the practice of law.
ject to the jurisdiction of the United States, that State any notarization performed by a SEC. 6108. EXCEPTION TO PREEMPTION.
at the time of the notarization— notarial officer of any other State if— (a) IN GENERAL.—A State law may modify,
(A) the record shall— (1) the notarization is valid under the laws limit, or supersede the provisions of section
(i) be intended for filing with, or relate to of the notarial officer’s State or under this 6102, or subsections (a) or (b) of section 6103,
a matter before, a court, governmental enti- title; and with respect to State law only if that State
ty, public official, or other entity that is (2)(A) the notarization was performed law—
subject to the jurisdiction of the United under or relates to a public act, record, or ju- (1) either—
States; or dicial proceeding of the notarial officer’s (A) constitutes an enactment or adoption
(ii) involve property located in the terri- State; or of the Revised Uniform Law on Notarial
torial jurisdiction of the United States or a (B) the notarization occurs in or affects Acts, as approved and recommended for en-
transaction substantially connected to the interstate commerce. actment in all the States by the National
United States; and (b) LEGAL EFFECT OF RECOGNIZED NOTARI- Conference of Commissioners on Uniform
(B) the act of making the statement or ZATION.—A notarization recognized under State Laws in 2018 or 2021, except that a
signing the record may not be prohibited by subsection (a) shall have the same effect modification to such Law enacted or adopted
a law of the jurisdiction in which the indi- under the laws of the recognizing State as if by a State shall be preempted to the extent
vidual is physically located. that notarization was validly performed by a such modification—
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(c) PERSONAL APPEARANCE SATISFIED.—If a notarial officer of the recognizing State, (i) is inconsistent with a provision of sec-
State or Federal law requires an individual without regard to whether the notarization tion 6102 or subsections (a) or (b) of section
to appear personally before or be in the phys- was performed— 6103, as applicable; or
ical presence of a notary public at the time (1) with respect to— (ii) would not be permitted under subpara-
of a notarization, that requirement shall be (A) a tangible record; or graph (B); or
considered to be satisfied if— (B) an electronic record; or (B) specifies additional or alternative pro-
(1) the individual— (2) for— cedures or requirements for the performance
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H4926 CONGRESSIONAL RECORD — HOUSE September 22, 2021
of notarizations with respect to electronic the date of the enactment of this Act, and as severe forms of trafficking in persons as such
records or for remotely located individuals, required under section 312(a)(8) of title 31, term is defined in section 103 of the Traf-
if those additional or alternative procedures United States Code, designate an office with- ficking Victims Protection Act of 2000.
or requirements— in the Office of Terrorism and Financial In- ‘‘(e) HUMAN TRAFFICKING STAKEHOLDER.—
(i) are consistent with section 6102 and sub- telligence that shall coordinate efforts to The term ‘human trafficking stakeholder’
sections (a) and (b) of section 6103; and combat the illicit financing of human traf- means—
(ii) do not accord greater legal effect to the ficking. ‘‘(1) a non-governmental organization;
implementation or application of a specific (b) COORDINATOR FOR HUMAN TRAFFFICKING ‘‘(2) a human rights organization;
technology or technical specification for per- ISSUES.— ‘‘(3) an anti-human trafficking organiza-
forming those notarizations; and (1) IN GENERAL.—Subchapter I of chapter 3 tion;
(2) requires the retention of an audio and of subtitle I of title 31, United States Code, ‘‘(4) a group representing a population vul-
visual recording of the performance of a no- is amended by adding at the end the fol- nerable to human trafficking or victims or
tarization for a remotely located individual lowing: survivors of human trafficking, and related
for a period of not less than 5 years after the ‘‘§ 316. Coordinator for human trafficking issues;
recording is created. issues. ‘‘(5) an industry group;
(b) RULE OF CONSTRUCTION.—Nothing in ‘‘(6) a financial institution;
‘‘(a) IN GENERAL.—Not later than 180 days
section 6104 or 6105 may be construed to pre- ‘‘(7) a technology firm; and
after the date of the enactment of this sec-
clude the recognition of a notarization under ‘‘(8) another individual or group that is
tion, the Secretary of the Treasury shall des-
applicable State law, regardless of whether working to prevent, detect, and respond to
ignate a Coordinator for Human Trafficking
such State law is consistent with section 6104 human trafficking and to support victims
Issues within the Department of the Treas-
or 6105. and survivors of human trafficking.’’.
ury who shall report to the Secretary. (c) COORDINATION WITH COORDINATOR FOR
SEC. 6109. STANDARD OF CARE; SPECIAL NOTAR- ‘‘(b) DUTIES.—The Coordinator for Human
IAL COMMISSIONS. HUMAN TRAFFICKING ISSUES.—Section 312(a)
Trafficking Issues— of title 31, United States Code, is amended by
(a) STATE STANDARDS OF CARE; AUTHORITY ‘‘(1) shall—
OF STATE REGULATORY OFFICIALS.—Nothing adding at the end the following:
‘‘(A) coordinate activities, policies, and ‘‘(9) COORDINATION WITH COORDINATOR FOR
in this title may be construed to prevent a programs of the Department that relate to
State, or a notarial regulatory official of a HUMAN TRAFFICKING ISSUES.—The office with-
human trafficking, including activities, poli- in the OTFI designated by the Secretary pur-
State, from— cies, and programs intended to—
(1) adopting a requirement in this title as suant to paragraph (8) shall coordinate with
‘‘(i) prevent, detect, and respond to human the Coordinator for Human Trafficking
a duty or standard of care under the laws of trafficking;
that State or sanctioning a notary public for Issues designated by the Secretary pursuant
‘‘(ii) help understand the challenges faced to section 316 of title 31, United States
breach of such a duty or standard of care; by victims and survivors of human traf-
(2) establishing requirements and quali- Code.’’.
ficking, including any circumstances that (d) CONFORMING AMENDMENT.—The table of
fications for, or denying, refusing to renew, may increase the risk of a person becoming
revoking, suspending, or imposing a condi- sections in chapter 3 of subtitle I of title 31,
a victim or survivor of human trafficking; United States Code, is amended by adding at
tion on, a commission or appointment as a and the end the following:
notary public; ‘‘(iii) support victims and survivors of ‘‘316. Coordinator for Human Trafficking
(3) creating or designating a class or type human trafficking; Issues.’’.
of commission or appointment, or requiring ‘‘(B) promote, advance, and support the AMENDMENT NO. 129 OFFERED BY MR. DELGADO
an endorsement or other authorization to be consideration of human trafficking issues in OF NEW YORK
received by a notary public, as a condition the programs, structures, processes, and ca-
on the authority to perform notarizations At the end of subtitle C of title VII, add
pacities of bureaus and offices of the Depart- the following new section:
with respect to electronic records or for re- ment, where appropriate;
motely located individuals; or SEC. 7ll. REPORT ON DISCREPANCIES BE-
‘‘(C) regularly consult human trafficking TWEEN TRICARE PROGRAM AND
(4) prohibiting a notary public from per- stakeholders; CHAMPVA PROGRAM IN CERTAIN
forming a notarization under section 6102 or ‘‘(D) serve as the principal advisor to the COVERAGE STANDARDS.
6103 as a sanction for a breach of duty or Secretary with respect to activities and (a) REPORT.—Not later than 180 days after
standard of care or for official misconduct. issues relating to human trafficking, includ- the date of the enactment of this Act, the
(b) SPECIAL COMMISSIONS OR AUTHORIZA-
ing issues relating to victims and survivors Secretary of Defense shall submit to Con-
TIONS CREATED BY A STATE; SANCTION FOR
of human trafficking; gress a report that details any discrepancies
BREACH OR OFFICIAL MISCONDUCT.—A notary
‘‘(E) advise the Secretary of actions that between the TRICARE program and the
public may not perform a notarization under
may be taken to improve information shar- CHAMPVA program of the Department of
section 6102 or 6103 if— Veterans Affairs, with respect to coverage
ing between human trafficking stakeholders
(1)(A) the notary public’s State has en- standards under such programs for nursing
and Federal, State, Local, Territory, and
acted a law that creates or designates a class home care and in-home care.
Tribal government agencies, including law
or type of commission or appointment, or re- (b) MATTERS.—The report under subsection
enforcement agencies, while protecting pri-
quires an endorsement or other authoriza- (a) shall include, with respect to any stand-
vacy and, as a result, improve societal re-
tion to be received by a notary public, as a ard described in such subsection under the
sponses to issues relating to human traf-
condition on the authority to perform TRICARE program that the Secretary deter-
ficking, including issues relating to the vic-
notarizations with respect to electronic mines is lower than the corresponding stand-
tims and survivors of human trafficking;
records or for remotely located individuals; ard under the CHAMPVA program of the De-
‘‘(F) participate in coordination between
and partment of Veterans Affairs, a description
Federal, State, Local, Territory, and Tribal
(B) the commission or appointment of the of—
government agencies on issues relating to
notary public is not of the class or type or (1) the anticipated cost of aligning such
human trafficking; and
the notary public has not received the en- lower standard to conform with the higher
‘‘(G) consult and work with the office with-
dorsement or other authorization; or standard; and
in the office within the Office of Terrorism
(2) the notarial regulatory official of the (2) any obstacles (including statutory, reg-
and Financial Intelligence designated by the
notary public’s State has prohibited the no- ulatory, or other obstacles) to such align-
Secretary under section 312(a)(8) of title 31,
tary public from performing the notarization ment.
United States Code, to coordinate efforts to
as a sanction for a breach of duty or stand- AMENDMENT NO. 130 OFFERED BY MR.
combat the illicit financing of human traf-
ard of care or for official misconduct. DESAULNIER OF CALIFORNIA
ficking with respect to the efforts of such of-
SEC. 6110. SEVERABILITY.
fice to combat the illicit financing of human At the end of subtitle G of title X, insert
If any provision of this title or the applica- trafficking; and the following:
tion of such provision to any person or cir- ‘‘(2) may design, support, and implement SEC. 10ll. SENSE OF CONGRESS REGARDING
cumstance is held to be invalid or unconsti- Department activities relating to human THE PORT CHICAGO 50.
tutional, the remainder of this title and the trafficking, including activities designed to It is the sense of Congress that—
application of the provisions thereof to other prevent, detect, and respond to human traf- (1) the American people should recognize
persons or circumstances shall not be af- ficking, to include money laundering associ- the role of racial bias in the prosecution and
fected by that holding. ated with human trafficking, to include convictions of the Port Chicago 50 following
AMENDMENT NO. 128 OFFERED BY MS. DEAN OF money laundering associated with human the deadliest home front disaster in World
ctelli on DSK11ZRN23PROD with HOUSE
PENNSYLVANIA trafficking. War II;
In title LI of division E, after section 5105, ‘‘(c) TERM.—Each Coordinator for Human (2) the military records of each of the Port
insert the following: Trafficking Issues designated by the Sec- Chicago 50 should reflect such exoneration of
SEC. 5106. COORDINATOR FOR HUMAN TRAF- retary shall serve a term of not more than 5 any and all charges brought against them in
FICKING ISSUES. years. the aftermath of the explosion; and
(a) IN GENERAL.—The Secretary of the ‘‘(d) HUMAN TRAFFICKING DEFINED.—In this (3) the Secretary of the Navy should up-
Treasury shall, not later than 180 days after section, the term ‘human trafficking’ means grade the general and summary discharges of
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September 22, 2021 CONGRESSIONAL RECORD — HOUSE H4927
each of the Port Chicago 50 sailors to honor- incorporate the minimum flood mitigation Page 742, line 11, strike ‘‘low-carbon’’ and
able discharges. requirements of section 2805(a) of the Mili- insert ‘‘resilience, low-carbon, or’’.
AMENDMENT NO. 131 OFFERED BY MR. DUNN OF tary Construction Authorization Act for Fis- Page 743, line 8, strike ‘‘selectpagion’’ and
FLORIDA cal Year 2019 (division B of Public Law 115– insert ‘‘selection’’.
At the end of subtitle C of title VII, add 232; 132 Stat. 2262; 10 U.S.C. 2802 note), as AMENDMENT NO. 135 OFFERED BY MR. ESTES OF
the following new section: amended by this section. KANSAS
SEC. 7ll. FUNDING FOR RAPID SCREENING
(2) CONDITIONAL AVAILABILITY OF FUNDS.— At the end of subtitle E of title VIII, add
UNDER DEVELOPMENT OF MEDICAL Not more than 25 percent of the funds au- the following new section:
COUNTERMEASURES AGAINST thorized to be appropriated for fiscal year
SEC. 8ll. BRIEFING ON EXPANDED SMALL UN-
NOVEL ENTITIES PROGRAM. 2022 for Department of Defense planning and MANNED AIRCRAFT SYSTEMS CAPA-
(a) INCREASE.—Notwithstanding the design accounts relating to military con- BILITY.
amounts set forth in the funding tables in di- struction projects may be obligated until the The Secretary of Defense shall, not later
vision D, the amount authorized to be appro- date on which the Secretary of Defense sub- than January 30, 2022, provide a briefing to
priated in section 4201 for Advanced Compo- mits to the Committees on Armed Services the Committee on Armed Services of the
nent Development & Prototypes, Research, of the House of Representatives and the Sen- House of Representatives on the evaluation
Development, Test, and Evaluation, Defense- ate a certification that the Secretary— of commercially available small unmanned
Wide, as specified in the corresponding fund- (A) has initiated the amendment process aircraft systems (hereinafter referred to as
ing table in section 4201, for the Chemical required by paragraph (1); and ‘‘sUAS’’) with capabilities that align with
and Biological Defense Program- DEM/VAL, (B) intends to complete such process by the Department’s priorities, including—
Line 82, is hereby increased by $4,500,000 for September 1, 2022. (1) the timing of the release of the updated
the Development of Medical Counter- (3) IMPLEMENTATION OF UNIFIED FACILITIES list titled ‘‘Blue sUAS 2.0’’ of the Defense In-
measures Against Novel Entities program of CRITERIA AMENDMENTS.—
novation Unit that contains available fixed
the Defense Threat Reduction Agency, to (A) IMPLEMENTATION.—Any Department of wing and multirotor commercial small un-
allow for the rapid screening of all com- Defense Form 1391 submitted to Congress manned aircraft systems compliant with sec-
pounds approved by the Food and Drug Ad- after September 1, 2022, shall comply with tion 848 of the National Defense Authoriza-
ministration, and other human-safe com- the Unified Facilities Criteria, as amended tion Act for Fiscal Year 2020 (Public Law
pound libraries, to identify optimal drug pursuant to paragraph (1). 116–92); and
candidates for repurposing as medical coun- (B) CERTIFICATION.—Not later than March (2) the advisability and feasibility of add-
termeasures for COVID-19 and other novel 1, 2023, the Secretary of Defense shall certify ing end-to-end sUAS solutions to such list,
and emerging biological threats. to the Committees on Armed Services of the including the sUAS, supporting field man-
(b) OFFSET.—Notwithstanding the amounts House of Representatives and the Senate the agement software, technical support, and
set forth in the funding tables in division D, completion of the amendment process re- training, all provided as an integrated col-
the amount authorized to be appropriated in quired by paragraph (1) and the full incorpo- lection and analysis capability.
section 4201 for Operations and Maintenance, ration of the amendments into military con-
AMENDMENT NO. 136 OFFERED BY MR. EVANS OF
Defense-Wide, as specified in the cor- struction planning and design.
PENNSYLVANIA
responding funding table in 4301, for Defense AMENDMENT NO. 133 OFFERED BY MS. ESCOBAR
Media Activity, Line 370, is hereby reduced OF TEXAS
At the end of subtitle E of title VIII, add
by $4,500,000. the following new section:
In subtitle D of title XXVIII, insert after
AMENDMENT NO. 132 OFFERED BY MS. ESCOBAR SEC. 8ll. WAIVER AUTHORIZATION STREAM-
section 2831 the following new section (and LINING.
OF TEXAS redesignate subsequent sections accord-
Section 8(a)(21) of the Small Business Act
At the end of subtitle A of title XXVIII, ingly):
(15 U.S.C. 637(a)(21)) is amended—
add the following new section: SEC. 2832. ADDITIONAL CHANGES TO REQUIRE-
MENTS REGARDING MASTER PLANS
(1) in subparagraph (A), by striking ‘‘sub-
SEC. 28ll. FLOOD RISK MANAGEMENT FOR
MILITARY CONSTRUCTION. FOR MAJOR MILITARY INSTALLA- paragraph (B)’’ and inserting ‘‘subparagraphs
TIONS. (B) and (F)’’;
(a) FURTHER MODIFICATION OF DEPARTMENT
(a) MAXIMUM INTERVAL BETWEEN MASTER (2) in subparagraph (B)—
OF DEFENSE FORM 1391.—Section 2805(a)(1) of
PLAN DEVELOPMENT.—Section 2864(a)(1) of (A) by striking clause (iii); and
the Military Construction Authorization Act
title 10, United States Code, is amended by (B) by redesignating clauses (iv) and (v) as
for Fiscal Year 2019 (division B of Public Law
striking ‘‘10 years’’ and inserting ‘‘five clauses (iii) and (iv), respectively;
115–232; 132 Stat. 2262; 10 U.S.C. 2802 note) is
years’’. (3) by moving subparagraph (C) two ems to
amended by striking ‘‘100-year floodplain’’
(b) CONSIDERATION OF MILITARY INSTALLA- the left; and
both places it appears and inserting ‘‘500-
TION RESILIENCE.—Section 2864(a)(2)(E) of (4) by adding at the end the following new
year floodplain for mission critical facilities
title 10, United States Code, is amended by subparagraph:
or a 100-year floodplain for non-mission crit-
inserting before the period at the end the fol- ‘‘(F) In the event either a contract awarded
ical facilities’’.
lowing: ‘‘and military installation resil- pursuant to this subsection or ownership and
(b) REPORTING REQUIREMENTS.—Section
ience’’. control of a concern performing a contact
2805(a)(3) of the Military Construction Au-
(c) COORDINATION RELATED TO MILITARY IN- awarded pursuant to this subsection will
thorization Act for Fiscal Year 2019 (division
STALLATION RESILIENCE COMPONENT.—Section pass to another small business concern, the
B of Public Law 115–232; 132 Stat. 2262; 10
2864(c)(6) of title 10, United States Code, is requirements of subparagraph (A) shall not
U.S.C. 2802 note) is amended—
amended by inserting after ‘‘Agreements in apply if—
(1) in subparagraph (A), by inserting before
effect or planned’’ the following: ‘‘and ongo- ‘‘(i) the acquiring small business concern is
the period at the end the following: ‘‘using
ing or planned coordination’’. a program participant; and
hydrologic, hydraulic, and hydrodynamic
(d) CROSS REFERENCE TO DEFINITION OF ‘‘(ii) upon a request submitted prior to the
data, methods, and analysis that integrate
MILITARY INSTALLATION RESILIENCE.—Sec- passage of the contract or the actual relin-
current and projected changes in flooding
tion 2864(f) of title 10, United States Code, is quishment of ownership and control, as ap-
based on climate science over the antici-
amended by adding at the end the following plicable, the Administrator (or the delegee of
pated service life of the facility and future
new paragraph: the Administrator) determines that the ac-
forecasted land use changes’’; and
‘‘(6) The term ‘military installation resil- quiring small business concern would other-
(2) in subparagraph (D), by inserting after
ience’ has the meaning given that term in wise be eligible to directly receive the award
‘‘future’’ the following: ‘‘flood risk and’’.
(c) MITIGATION PLAN ASSUMPTIONS.—Sec- section 101(e) of this title.’’. pursuant to this subsection.’’.
tion 2805(a)(4) of the Military Construction AMENDMENT NO. 134 OFFERED BY MS. ESCOBAR AMENDMENT NO. 137 OFFERED BY MR.
Authorization Act for Fiscal Year 2019 (divi- OF TEXAS FITZGERALD OF WISCONSIN
sion B of Public Law 115–232; 132 Stat. 2262; 10 Page 741, line 4, insert ‘‘resilient and’’ be- At the end of subtitle E of title V, add the
U.S.C. 2802 note) is amended— fore ‘‘resource-efficient goods’’. following new section:
(1) in subparagraphs (A) and (B), by strik- Page 741, line 23, insert ‘‘resilient,’’ after SEC. 5ll. ANNUAL REPORT REGARDING SEXUAL
ing ‘‘buildings’’ and inserting ‘‘facilities’’; ‘‘design, build, and fund’’. ASSAULTS INVOLVING MEMBERS OF
and Page 741, line 24, strike ‘‘and’’. THE ARMY NATIONAL GUARD AND
(2) in subparagraph (C), by inserting after Page 742, line 6, insert ‘‘and’’ after ‘‘social THE AIR NATIONAL GUARD.
‘‘future’’ the following: ‘‘flood risk and’’. costs;’’. (a) ANNUAL REPORTS.—Not later than one
(d) CONFORMING AMENDMENT OF UNIFIED Page 742, after line 6, insert the following year after the date of the enactment of this
ctelli on DSK11ZRN23PROD with HOUSE
FACILITIES CRITERIA.— new subparagraph: Act, and on an annual basis thereafter, the
(1) AMENDMENT REQUIRED.—Not later than (F) designing the technical specifications Secretary of Defense shall submit to the
September 1, 2022, the Secretary of Defense for assessment and mitigation of risk to sup- Committees on Armed Services of the Senate
shall amend the Unified Facilities Criteria ply chains from extreme weather and and the House of Representatives a report re-
relating to military construction planning changes in environmental conditions; garding sexual assaults involving members
and design to ensure that building practices Page 742, line 8, insert ‘‘resilient and’’ be- of the Army National Guard and the Air Na-
and standards of the Department of Defense fore ‘‘resource-efficient goods’’. tional Guard.
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