Congressional Record, Senate, October 26, 2021 — Amendments to H.R. 4350 and S. 1872
Summary
Page S7374 of the Senate section of the Congressional Record for October 26, 2021, headed as amendments to H.R. 4350, in interleaved columns. SA 3901 and SA 3902 from Mr. Warnock are amendments intended to be proposed to amendment SA 3867 submitted by Mr. Reed, to the bill authorizing fiscal year 2022 appropriations for military activities of the Department of Defense. The page also shows S. 1872, a bill to award a Congressional Gold Medal collectively, and an authorization for a Senate committee to meet.
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“Congressional Record, Senate, October 26, 2021 — Amendments to H.R. 4350 and S. 1872.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-10-26-crec-2021-10-26-pt1-pgs7374-c7885d874b/
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S7374 CONGRESSIONAL RECORD — SENATE October 26, 2021
SA 3901. Mr. WARNOCK submitted an ment intended to be proposed to an amendment intended to be proposed
amendment intended to be proposed to amendment SA 3867 submitted by Mr. to amendment SA 3867 submitted by
amendment SA 3867 submitted by Mr. REED REED and intended to be proposed to Mr. REED and intended to be proposed
and intended to be proposed to the bill H.R. the bill H.R. 4350, to authorize appro- to the bill H.R. 4350, to authorize ap-
4350, supra; which was ordered to lie on the
table.
priations for fiscal year 2022 for mili- propriations for fiscal year 2022 for
SA 3902. Mr. WARNOCK submitted an tary activities of the Department of military activities of the Department
amendment intended to be proposed to Defense, for military construction, and of Defense, for military construction,
amendment SA 3867 submitted by Mr. REED for defense activities of the Depart- and for defense activities of the De-
and intended to be proposed to the bill H.R. ment of Energy, to prescribe military partment of Energy, to prescribe mili-
4350, supra; which was ordered to lie on the personnel strengths for such fiscal tary personnel strengths for such fiscal
table. year, and for other purposes; which was
SA 3903. Mr. WARNOCK submitted an year, and for other purposes; which was
ordered to lie on the table; as follows: ordered to lie on the table; as follows:
amendment intended to be proposed to
amendment SA 3867 submitted by Mr. REED At the end of subtitle G of title XII, add At the appropriate place, insert the fol-
the following: lowing:
and intended to be proposed to the bill H.R.
SEC. 1283. EXTENSION OF AUTHORITY OF AND
4350, supra; which was ordered to lie on the HIRING AUTHORITY FOR THE GLOB- Subtitle H—Otto Warmbier Countering North
table. AL ENGAGEMENT CENTER. Korean Censorship and Surveillance Act of
SA 3904. Mr. WARNOCK (for himself, Mrs. (a) EXTENSION.—Section 1287(j) of the Na- 2021
BLACKBURN, and Mr. MORAN) submitted an tional Defense Authorization Act for Fiscal SEC. 1291. SHORT TITLE.
amendment intended to be proposed to Year 2017 (22 U.S.C. 2656 note) is amended by This subtitle may be cited as the ‘‘Otto
amendment SA 3867 submitted by Mr. REED striking ‘‘the date that is 8 years after the Warmbier Countering North Korean Censor-
and intended to be proposed to the bill H.R. date of the enactment of this Act’’ and in- ship and Surveillance Act of 2021’’.
4350, supra; which was ordered to lie on the serting ‘‘December 31, 2027’’. SEC. 1292. FINDINGS; SENSE OF CONGRESS.
table. (b) HIRING AUTHORITY FOR GLOBAL ENGAGE-
SA 3905. Mr. WARNOCK submitted an (a) FINDINGS.—Congress makes the fol-
MENT CENTER.—Notwithstanding any other
amendment intended to be proposed to lowing findings:
provision of law, the Secretary of State, dur-
amendment SA 3867 submitted by Mr. REED (1) The information landscape in North
ing the five-year period beginning on the
and intended to be proposed to the bill H.R. Korea is the most repressive in the world,
date of the enactment of this Act and solely
4350, supra; which was ordered to lie on the consistently ranking last or near-last in the
to carry out functions of the Global Engage-
table. annual World Press Freedom Index.
ment Center established by such section,
SA 3906. Mr. WARNOCK submitted an may— (2) Under the brutal rule of Kim Jung Un,
amendment intended to be proposed to (1) appoint employees without regard to the country’s leader since 2012, the North Ko-
amendment SA 3867 submitted by Mr. REED the provisions of title 5, United States Code, rean regime has tightened controls on access
and intended to be proposed to the bill H.R. regarding appointments in the competitive to information, as well as enacted harsh pun-
4350, supra; which was ordered to lie on the service; and ishments for consumers of outside media, in-
table. (2) fix the basic compensation of such em- cluding sentencing to time in a concentra-
SA 3907. Mr. WARNOCK (for himself and ployees without regard to chapter 51 and tion camp and a maximum penalty of death.
Mrs. BLACKBURN) submitted an amendment subchapter III of chapter 53 of such title re- (3) Such repressive and unjust laws sur-
intended to be proposed to amendment SA garding classification and General Schedule rounding information in North Korea re-
3867 submitted by Mr. REED and intended to pay rates. sulted in the death of 22-year-old United
be proposed to the bill H.R. 4350, supra; States citizen and university student Otto
which was ordered to lie on the table. SA 3878. Mr. PORTMAN (for himself Warmbier, who had traveled to North Korea
SA 3908. Mr. WARNOCK (for himself and and Mr. MURPHY) submitted an amend- in December 2015 as part of a guided tour.
Mr. BOOZMAN) submitted an amendment in- ment intended to be proposed to (4) Otto Warmbier was unjustly arrested,
tended to be proposed to amendment SA 3867 sentenced to 15 years of hard labor, and se-
amendment SA 3867 submitted by Mr.
submitted by Mr. REED and intended to be verely mistreated at the hands of North Ko-
proposed to the bill H.R. 4350, supra; which REED and intended to be proposed to rean officials. While in captivity, Otto
was ordered to lie on the table. the bill H.R. 4350, to authorize appro- Warmbier suffered a serious medical emer-
SA 3909. Mr. WARNOCK (for himself and priations for fiscal year 2022 for mili- gency that placed him into a comatose state.
Ms. COLLINS) submitted an amendment in- tary activities of the Department of Otto Warmbier was comatose upon his re-
tended to be proposed to amendment SA 3867 Defense, for military construction, and lease in June 2017 and died 6 days later.
submitted by Mr. REED and intended to be for defense activities of the Depart- (5) Despite increased penalties for posses-
proposed to the bill H.R. 4350, supra; which ment of Energy, to prescribe military sion and viewership of foreign media, the
was ordered to lie on the table. personnel strengths for such fiscal people of North Korean have increased their
SA 3910. Mr. MORAN submitted an amend- desire for foreign media content, according
ment intended to be proposed to amendment
year, and for other purposes; which was
to a survey of 200 defectors concluding that
SA 3867 submitted by Mr. REED and intended ordered to lie on the table; as follows:
90 percent had watched South Korean or
to be proposed to the bill H.R. 4350, supra; At the end of subtitle G of title XII, add other foreign media before defecting.
which was ordered to lie on the table. the following: (6) On March 23, 2021, in an annual resolu-
SA 3911. Mr. MORAN submitted an amend- SEC. 1283. EXTENSION OF AUTHORITY OF AND
tion, the United Nations General Assembly
ment intended to be proposed to amendment HIRING AUTHORITY FOR THE GLOB-
AL ENGAGEMENT CENTER. condemned ‘‘the long-standing and ongoing
SA 3867 submitted by Mr. REED and intended systematic, widespread and gross violations
to be proposed to the bill H.R. 4350, supra; (a) EXTENSION.—Section 1287(j) of the Na-
tional Defense Authorization Act for Fiscal of human rights in the Democratic People’s
which was ordered to lie on the table. Republic of Korea’’ and expressed grave con-
SA 3912. Mr. SCHUMER (for Ms. ERNST) Year 2017 (22 U.S.C. 2656 note) is amended by
striking ‘‘the date that is 8 years after the cern at, among other things, ‘‘the denial of
proposed an amendment to the bill S. 1872, to the right to freedom of thought, conscience,
award a Congressional Gold Medal, collec- date of the enactment of this Act’’ and in-
serting ‘‘December 31, 2027’’. and religion . . . and of the rights to freedom
tively, to the United States Army Rangers of opinion, expression, and association, both
(b) HIRING AUTHORITY FOR GLOBAL ENGAGE-
Veterans of World War II in recognition of online and offline, which is enforced through
MENT CENTER.—Notwithstanding any other
their extraordinary service during World an absolute monopoly on information and
provision of law, the Secretary of State, dur-
War II. total control over organized social life, and
ing the five-year period beginning on the
SA 3913. Mr. CASEY submitted an amend-
date of the enactment of this Act and solely arbitrary and unlawful state surveillance
ment intended to be proposed to amendment
to carry out functions of the Global Engage- that permeates the private lives of all citi-
SA 3867 submitted by Mr. REED and intended
ment Center established by such section, zens’’.
to be proposed to the bill H.R. 4350, to au-
may— (7) In 2018, Typhoon Yutu caused extensive
thorize appropriations for fiscal year 2022 for
(1) appoint employees without regard to damage to 15 broadcast antennas used by the
military activities of the Department of De-
the provisions of title 5, United States Code, United States Agency for Global Media in
fense, for military construction, and for de-
regarding appointments in the competitive Asia, resulting in reduced programming to
fense activities of the Department of Energy,
service; and North Korea. The United States Agency for
to prescribe military personnel strengths for
(2) fix the basic compensation of such em- Global Media has rebuilt 5 of the 15 antenna
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such fiscal year, and for other purposes;
ployees without regard to chapter 51 and systems as of June 2021.
which was ordered to lie on the table. (b) SENSE OF CONGRESS.—It is the sense of
subchapter III of chapter 53 of such title re-
f garding classification and General Schedule Congress that—
pay rates. (1) in the event of a crisis situation, par-
TEXT OF AMENDMENTS
ticularly where information pertaining to
SA 3877. Mr. PORTMAN (for himself SA 3879. Mr. PORTMAN (for himself, the crisis is being actively censored or a
and Mr. MURPHY) submitted an amend- Mr. BROWN, and Mr. COONS) submitted false narrative is being put forward, the
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October 26, 2021 CONGRESSIONAL RECORD — SENATE S7375
United States should be able to quickly in- obligated balances from expired accounts (2) submits to the appropriate congres-
crease its broadcasting capability to deliver would help the United States Agency for sional committees a notification of the waiv-
fact-based information to audiences, includ- Global Media in crisis situations in the fu- er and the reasons for the waiver.
ing those in North Korea; and ture. (d) EXCEPTIONS.—
(2) the United States International Broad- (10) A detailed plan for how the authoriza- (1) INTELLIGENCE ACTIVITIES.—This section
casting Surge Capacity Fund is already au- tion of appropriations under section 1297 will shall not apply with respect to activities
thorized under section 316 of the United operate alongside and augment existing pro- subject to the reporting requirements under
States International Broadcasting Act of gramming from the relevant Federal agen- title V of the National Security Act of 1947
1994 (22 U.S.C. 6216), and expanded authority cies and facilitate the development of new (50 U.S.C. 3091 et seq.) or any authorized in-
to transfer unobligated balances from ex- tools to assist that programming. telligence activities of the United States.
pired accounts of the United States Agency (c) FORM OF STRATEGY.—The strategy re- (2) LAW ENFORCEMENT ACTIVITIES.—Sanc-
for Global Media would enable the Agency to quired by subsection (a) shall be submitted tions under this section shall not apply with
more nimbly respond to crises. in unclassified form, but may include the respect to any authorized law enforcement
SEC. 1293. STATEMENT OF POLICY. matters required by paragraphs (2) and (3) of activities of the United States.
subsection (b) in a classified annex. (3) EXCEPTION TO COMPLY WITH INTER-
It is the policy of the United States—
SEC. 1295. IMPOSITION OF SANCTIONS WITH RE- NATIONAL AGREEMENTS.—Subsection (a)(2)
(1) to provide the people of North Korea
SPECT TO PERSONS RESPONSIBLE shall not apply with respect to the admission
with access to a diverse range of fact-based FOR NORTH KOREA’S REPRESSIVE of an alien to the United States if such ad-
information; CENSORSHIP AND SURVEILLANCE mission is necessary to comply with the obli-
(2) to develop and implement novel means STATE.
gations of the United States under the
of communication and information sharing (a) IN GENERAL.—The President may im- Agreement regarding the Headquarters of
that increase opportunities for audiences in pose the following sanctions with respect to the United Nations, signed at Lake Success
North Korea to safely create, access, and any foreign person that the President deter- June 26, 1947, and entered into force Novem-
share digital and non-digital news without mines knowingly engaged in, facilitated, or ber 21, 1947, between the United Nations and
fear of repressive censorship, surveillance, or was responsible for censorship by the Gov- the United States, under the Convention on
penalties under law; and ernment of North Korea or the Workers’ Consular Relations, done at Vienna April 24,
(3) to foster and innovate new technologies Party of Korea identified under paragraph (2) 1963, and entered into force March 19, 1967, or
to counter North Korea’s state-sponsored re- or (3) of section 1294(b): under other international agreements.
pressive surveillance and censorship by ad- (1) BLOCKING OF PROPERTY.—The President (4) EXCEPTION RELATING TO IMPORTATION OF
vancing internet freedom tools, tech- may exercise all of the powers granted to the GOODS.—
nologies, and new approaches. President under the International Emer- (A) IN GENERAL.—The authority or a re-
SEC. 1294. UNITED STATES STRATEGY TO COM- gency Economic Powers Act (50 U.S.C. 1701 quirement to impose sanctions under this
BAT NORTH KOREA’S REPRESSIVE et seq.) to the extent necessary to block and
INFORMATION ENVIRONMENT. section shall not include the authority or a
prohibit all transactions in property and in- requirement to impose sanctions on the im-
(a) IN GENERAL.—Not later than 180 days terests in property of the foreign person if portation of goods.
after the date of the enactment of this Act, such property and interests in property are (B) GOOD DEFINED.—In this paragraph, the
the President shall develop and submit to in the United States, come within the United term ‘‘good’’ means any article, natural or
Congress a strategy on combating North Ko- States, or are or come within the possession manmade substance, material, supply, or
rea’s repressive information environment. or control of a United States person. manufactured product, including inspection
(b) ELEMENTS.—The strategy required by (2) INELIGIBILITY FOR VISAS, ADMISSION, OR and test equipment, and excluding technical
subsection (a) shall include the following: PAROLE.— data.
(1) An assessment of the challenges to the (A) VISAS, ADMISSION, OR PAROLE.—In the (e) DEFINITIONS.—In this section:
free flow of information into North Korea case of an alien, the alien may be— (1) ADMISSION; ADMITTED; ALIEN.—The
created by the censorship and surveillance (i) inadmissible to the United States; terms ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’
technology apparatus of the Government of (ii) ineligible to receive a visa or other doc- have the meanings given those terms in sec-
North Korea. umentation to enter the United States; and tion 101 of the Immigration and Nationality
(2) A detailed description of the agencies (iii) otherwise ineligible to be admitted or Act (8 U.S.C. 1101).
and other government entities, key officials, paroled into the United States or to receive (2) APPROPRIATE CONGRESSIONAL COMMIT-
and security services responsible for the im- any other benefit under the Immigration and TEES.—The term ‘‘appropriate congressional
plementation of North Korea’s repressive Nationality Act (8 U.S.C. 1101 et seq.). committees’’ means—
laws regarding foreign media consumption. (B) CURRENT VISAS REVOKED.— (A) the Committee on Foreign Relations,
(3) A detailed description of the agencies (i) IN GENERAL.—An alien described in sub- the Committee on Banking, Housing, and
and other government entities and key offi- paragraph (A) may be subject to revocation Urban Affairs, and the Select Committee on
cials of foreign governments that assist, fa- of any visa or other entry documentation re- Intelligence of the Senate; and
cilitate, or aid North Korea’s repressive cen- gardless of when the visa or other entry doc- (B) the Committee on Foreign Affairs, the
sorship and surveillance state. umentation is or was issued. Committee on Financial Services, and the
(4) A review of existing public-private part- (ii) EFFECT.—A revocation under clause (i) Permanent Select Committee on Intelligence
nerships that provide circumvention tech- shall— of the House of Representatives.
nology and an assessment of the feasibility (I) take effect consistent with section 221 (3) FOREIGN PERSON.—The term ‘‘foreign
and utility of new tools to increase free ex- of the Immigration and Nationality Act (8 person’’ means any person that is not a
pression, circumvent censorship, and ob- U.S.C. 1201); and United States person.
struct repressive surveillance in North (II) cancel any other valid visa or entry (4) UNITED STATES PERSON.—The term
Korea. documentation that is in the alien’s posses- ‘‘United States person’’ means—
(5) A description of and funding levels re- sion. (A) a United States citizen or an alien law-
quired for current United States Government (b) IMPLEMENTATION; PENALTIES.— fully admitted to the United States for per-
programs and activities to provide access for (1) IMPLEMENTATION.—The President may manent residence;
the people of North Korea to a diverse range exercise all authorities provided under sec- (B) an entity organized under the laws of
of fact-based information. tions 203 and 205 of the International Emer- the United States or any jurisdiction within
(6) An update of the plan required by sec- gency Economic Powers Act (50 U.S.C. 1702 the United States; or
tion 104(a)(7)(A) of the North Korean Human and 1704) to carry out this section. (C) any person in the United States.
Rights Act of 2004 (22 U.S.C. 7814(a)(7)(A)). (2) PENALTIES.—A person that violates, at- SEC. 1296. REPORT ON ENFORCEMENT OF SANC-
(7) A description of Department of State tempts to violate, conspires to violate, or TIONS WITH RESPECT TO NORTH
programs and funding levels for programs causes a violation of subsection (a)(1) or any KOREA.
that promote internet freedom in North regulation, license, or order issued to carry (a) IN GENERAL.—Not later than 180 days
Korea, including monitoring and evaluation out that subsection shall be subject to the after the date of the enactment of this Act,
efforts. penalties set forth in subsections (b) and (c) and annually thereafter through 2024, the
(8) A description of grantee programs of of section 206 of the International Emer- Secretary of State and the Secretary of the
the United States Agency for Global Media gency Economic Powers Act (50 U.S.C. 1705) Treasury shall jointly submit to the appro-
in North Korea that facilitate circumvention to the same extent as a person that commits priate congressional committees (as defined
tools and broadcasting, including monitoring an unlawful act described in subsection (a) of in section 1295(e)) a report on sanctions-re-
and evaluation efforts. that section. lated activities and enforcement undertaken
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(9) A detailed assessment of how the (c) NATIONAL SECURITY WAIVER.—The by the United States Government with re-
United States International Broadcasting President may waive the imposition of sanc- spect to North Korea during the period de-
Surge Capacity Fund authorized under sec- tions under subsection (a) with respect to a scribed in subsection (b) that includes—
tion 316 of the United States International person if the President— (1) an assessment of activities conducted
Broadcasting Act of 1994 (22 U.S.C. 6216) has (1) determines that such a waiver is in the by persons in North Korea or the Govern-
operated to respond to crisis situations in national security interests of the United ment of North Korea that would require
the past, and how authority to transfer un- States; and mandatory designations pursuant to the
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S7376 CONGRESSIONAL RECORD — SENATE October 26, 2021
North Korea Sanctions and Policy Enhance- ter 1223 of this title who is under 60 years of SEC. ll. DEPARTMENT OF VETERANS AFFAIRS
ment Act of 2016 (22 U.S.C. 9201 et seq.); and age unless such member or former member is COMMUNICATION WITH EMPLOYEES
RESPONSIBLE FOR HOMELESSNESS
(2) sanctions-related enforcement or other in receipt of such pay (or would be in receipt
ASSISTANCE PROGRAMS.
sanctions-related actions undertaken by the of such pay but for section 5304 or 5305 of
United States Government pursuant to that title 38).’’. The Under Secretary for Health of the De-
Act. (b) TRICARE RETIRED RESERVE.—Section partment of Veterans Affairs shall clearly
(b) PERIOD DESCRIBED.—The period de- 1076e(a) of title 10, United States Code, is communicate with employees of the Depart-
scribed in this subsection is— amended— ment of Veterans Affairs whose responsibil-
(1) in the case of the first report required (1) in paragraph (1), by striking ‘‘who is ities are related to homelessness assistance
by subsection (a), the period beginning on qualified for a non-regular retirement at age programs regarding—
January 1, 2021, and ending on the date on 60 under chapter 1223 of this title, but is not (1) the measurement of performance of
which the report is required to be submitted; age 60,’’ and inserting ‘‘described in para- such programs by the Homeless Programs
and graph (3)’’; and Office of the Department; and
(2) in the case of each subsequent report re- (2) by adding at the end the following new (2) how to obtain and provide feedback
quired by subsection (a), the one-year period paragraph: about performance measures.
preceding submission of the report. ‘‘(3) A member of the Retired Reserve of a SEC. ll. SYSTEM FOR SHARING AND REPORT-
SEC. 1297. PROMOTING FREEDOM OF INFORMA- reserve component of the armed forces is de- ING DATA.
TION AND COUNTERING CENSOR- scribed in this paragraph if the member— (a) IN GENERAL.—The Secretary of Vet-
SHIP AND SURVEILLANCE IN NORTH
‘‘(A) is qualified for a non-regular retire- erans Affairs and the Secretary of Housing
KOREA.
ment at age 60 under chapter 1223 of this and Urban Development shall work together
(a) AUTHORIZATION OF APPROPRIATIONS.—
title; to develop a system for effectively sharing
There are authorized to be appropriated to
‘‘(B) is not age 60; and and reporting data between the community-
the United States Agency for Global Media
‘‘(C) is not in receipt of retired pay under wide homeless management information sys-
$10,000,000 for each of fiscal years 2022
such chapter, unless the member is not in re- tem described in section 402(f)(3) of the
through 2026 to provide increased broad-
ceipt of such retired pay due to the applica- McKinney-Vento Homeless Assistance Act
casting and grants for the following pur-
tion of section 5304 or 5305 of title 38.’’. (42 U.S.C. 11360a(f)(3)) and the Homeless Op-
poses:
(c) EFFECTIVE DATE.—The amendments erations Management and Evaluation Sys-
(1) To promote the development of internet
made by this section shall take effect Janu- tem of the Department of Veterans Affairs.
freedom tools, technologies, and new ap-
ary 1, 2022. (b) DEADLINE.—The Secretary of Veterans
proaches, including both digital and non-dig-
ital means of information sharing related to Affairs and the Secretary of Housing and
North Korea. SA 3881. Mr. PORTMAN (for himself Urban Development shall ensure that the
(2) To explore public-private partnerships and Ms. WARREN) submitted an amend- system developed under subsection (a) is
to counter North Korea’s repressive censor- ment intended to be proposed to operational not later than three years after
ship and surveillance state. amendment SA 3867 submitted by Mr. the date of the enactment of this Act.
(3) To develop new means to protect the REED and intended to be proposed to SEC. ll. TRAINING AND TECHNICAL ASSIST-
privacy and identity of individuals receiving ANCE REGARDING SERVICES PRO-
the bill H.R. 4350, to authorize appro- VIDED TO VETERANS AT RISK OF,
media from the United States Agency for
priations for fiscal year 2022 for mili- EXPERIENCING, OR TRANSITIONING
Global Media and other outside media out-
lets from within North Korea. tary activities of the Department of OUT OF HOMELESSNESS.
(4) To bolster existing programming from Defense, for military construction, and (a) IN GENERAL.—The Secretary of Vet-
the United States Agency for Global Media for defense activities of the Depart- erans Affairs shall provide training and tech-
by restoring the broadcasting capacity of ment of Energy, to prescribe military nical assistance to entities serving veterans
damaged antennas caused by Typhoon Yutu personnel strengths for such fiscal at risk of, experiencing, or transitioning out
in 2018. year, and for other purposes; which was of homelessness regarding—
(b) ANNUAL REPORTS.—Section 104(a)(7)(B) (1) the provision of such services to such
ordered to lie on the table; as follows: veterans; and
of the North Korean Human Rights Act of
2004 (22 U.S.C. 7814(a)(7)(B)) is amended— At the appropriate place in title X, insert (2) the planning and development of such
(1) in the matter preceding clause (i)— the following: services.
(A) by striking ‘‘1 year after the date of the Subtitle ll—Improvement of Housing (b) COORDINATION.—The Secretary of Vet-
enactment of this paragraph’’ and inserting Outcomes for Veterans erans Affairs may coordinate the provision
‘‘September 30, 2022’’; and SEC. ll. DEPARTMENT OF VETERANS AFFAIRS of training and technical assistance under
(B) by striking ‘‘Broadcasting Board of SHARING OF INFORMATION RELAT- subsection (a) with the Secretary of Housing
Governors’’ and inserting ‘‘Chief Executive ING TO COORDINATED ENTRY PROC- and Urban Development and the Secretary of
Officer of the United States Agency for Glob- ESSES FOR HOUSING AND SERVICES Labor.
al Media’’; and OPERATED UNDER DEPARTMENT OF (c) ELEMENTS.—The training and technical
(2) in clause (i), by inserting after ‘‘this HOUSING AND URBAN DEVELOP-
MENT CONTINUUM OF CARE PRO-
assistance provided under subsection (a)
section’’ the following: ‘‘and sections 1294 shall include coordination and communica-
GRAM.
and 1297 of the Otto Warmbier Countering tion of best practices among all programs ad-
North Korean Censorship and Surveillance (a) IN GENERAL.—The Under Secretary for
ministered by the Veterans Health Adminis-
Act of 2021’’. Health of the Department of Veterans Af-
tration directed at serving veterans at risk
fairs shall—
of, experiencing, or transitioning out of
SA 3880. Mr. PORTMAN (for himself (1) provide to staff of medical centers of
homelessness.
and Ms. WARREN) submitted an amend- the Department of Veterans Affairs and
homelessness service providers of the De- (d) PROVISION OF TRAINING.—The Secretary
ment intended to be proposed to partment the information described in sub- of Veterans Affairs may provide the training
amendment SA 3867 submitted by Mr. section (b); and and technical assistance under subsection (a)
REED and intended to be proposed to (2) ensure that such information, and other directly or through grants or contracts with
the bill H.R. 4350, to authorize appro- resources the Under Secretary determines such public or nonprofit private entities as
priations for fiscal year 2022 for mili- are appropriate, are accessible to such staff the Secretary considers appropriate.
tary activities of the Department of and providers.
Defense, for military construction, and (b) INFORMATION DESCRIBED.—The informa- SA 3882. Mr. PORTMAN (for himself
for defense activities of the Depart- tion described in this subsection is informa- and Ms. WARREN) submitted an amend-
tion related to best practices with respect to ment intended to be proposed to
ment of Energy, to prescribe military
the collaboration between medical centers of amendment SA 3867 submitted by Mr.
personnel strengths for such fiscal the Department of Veterans Affairs, home-
year, and for other purposes; which was REED and intended to be proposed to
lessness service providers of the Department,
ordered to lie on the table; as follows: and local partners (including local offices of the bill H.R. 4350, to authorize appro-
At the end of subtitle A of title VII, add the Department of Housing and Urban Devel- priations for fiscal year 2022 for mili-
the following: opment or public housing agencies, and pri- tary activities of the Department of
SEC. 704. TRICARE FOR MEMBERS OF THE RE- vate and public local community organiza- Defense, for military construction, and
ctelli on DSK11ZRN23PROD with SENATE
TIRED RESERVE. tions) on the centralized or coordinated as- for defense activities of the Depart-
(a) ADJUSTMENT OF ELIGIBILITY.—Para- sessment systems established and operated ment of Energy, to prescribe military
graph (2) of section 1074(b) of title 10, United by Continuums of Care under section personnel strengths for such fiscal
States Code, is amended to read as follows: 578.7(a)(8) of title 24, Code of Federal Regula-
year, and for other purposes; which was
‘‘(2) Paragraph (1) does not apply to a tions, including making referrals and shar-
member or former member eligible for re- ing data, as the Under Secretary determines ordered to lie on the table; as follows:
tired pay for non-regular service under chap- appropriate. At the end of title VI, add the following:
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October 26, 2021 CONGRESSIONAL RECORD — SENATE S7377
SEC. 607. FORGIVENESS OR OFFSET OF OVERPAY- amendment SA 3867 submitted by Mr. diately preceding the date on which the re-
MENT OF RETIRED PAY PAID TO A port is submitted.
JOINT ACCOUNT FOR A PERIOD
REED and intended to be proposed to
the bill H.R. 4350, to authorize appro- (2) A determination of whether such inci-
AFTER THE DEATH OF THE RETIRED
dents constitute a pattern of acts of intimi-
MEMBER OF THE ARMED FORCES. priations for fiscal year 2022 for mili-
dation or harassment.
(a) WHEN PAYMENT DEPOSITED TO JOINT AC- tary activities of the Department of (3) A description of any action taken by
COUNT.—Section 2771 of title 10, United Defense, for military construction, and the Secretary of State to meaningfully deter
States Code, is amended by adding at the end for defense activities of the Depart- such incidents.
the following new subsection:
ment of Energy, to prescribe military (c) FORM.—The report required by sub-
‘‘(e) In the case of overpayment of retired
or retainer pay, arising from payment of personnel strengths for such fiscal section (a) shall be submitted in unclassified
year, and for other purposes; which was form, but may contain a classified annex
such retired or retainer pay for any period
ordered to lie on the table; as follows: with respect to the elements described in
after the date of the death of a recipient
At the en of subtitle F of title XII, add the paragraphs (2) and (3) of subsection (b) if
through the last day of the month in which
following: such classified annex is provided separately.
such death occurs, if such payment is elec-
(d) APPROPRIATE COMMITTEES OF CONGRESS
tronically deposited in an accredited finan- SEC. 1264. REPORT ON ALLEGATIONS OF WAR
CRIMES AND TORTURE COMMITTED DEFINED.—In this section, the term ‘‘appro-
cial institution to a joint account bearing
BY UNITED STATES CITIZENS IN priate committees of Congress’’ means—
the name of the decedent and another indi-
LIBYA. (1) the Committee on Foreign Relations
vidual who is the decedent’s designated bene-
(a) IN GENERAL.—Not later than 180 days and the Committee on Armed Services of the
ficiary under subsection (a)(1), the Secretary
after receiving a credible allegation of the Senate; and
of Defense—
commission of a covered offense, including (2) the Committee on Foreign Affairs and
‘‘(1) if the decedent is an individual to
from a nongovernmental organization that the Committee on Armed Services of the
whom section 1448 of this title applies, shall
monitors violations of human rights, the At- House of Representatives.
elect to—
‘‘(A) forgive the overpayment on behalf of torney General, in consultation with the
the United States; or Secretary of State, shall submit to the ap- SA 3886. Mr. DURBIN (for himself,
‘‘(B) offset the overpayment pursuant to propriate committees of Congress a report on Mr. GRASSLEY, and Mrs. FEINSTEIN)
section 1450(n) of this title; or such allegation, including a determination submitted an amendment intended to
‘‘(2) if the decedent is not an individual to as to whether the Attorney General will re- be proposed to amendment SA 3867 sub-
whom section 1448 of this title applies, shall view or consider reviewing such allegation mitted by Mr. REED and intended to be
forgive the overpayment on behalf of the for potential criminal investigation, and a
description of any challenges to prosecution.
proposed to the bill H.R. 4350, to au-
United States.’’. thorize appropriations for fiscal year
(b) DEFINITIONS.—In this section:
(b) COORDINATION WITH SURVIVOR BENEFIT 2022 for military activities of the De-
(1) APPROPRIATE COMMITTEE OF CONGRESS.—
PLAN.—Section 1450 of title 10, United States
Code, is amended—
The term ‘‘appropriate committees of Con- partment of Defense, for military con-
gress’’ means— struction, and for defense activities of
(1) in subsection (a), by inserting ‘‘, or that
(A) the Committee on the Judiciary, the the Department of Energy, to prescribe
applies under subsection (n)’’ after ‘‘under
Committee on Armed Services, and the Com- military personnel strengths for such
subsection (j)’’; and
mittee on Foreign Relations of the Senate;
(2) by adding at the end the following new
and
fiscal year, and for other purposes;
subsection: which was ordered to lie on the table;
‘‘(n) SPECIAL RULE IN CASE OF CERTAIN (B) the Committee on the Judiciary, the
Committee on Armed Services, and the Com- as follows:
FINAL RETIRED PAY OVERPAYMENT.—In a case
described in section 2771(e) of this title, if mittee on Foreign Affairs of the House of In the funding table in section 4301 for Op-
the individual described in that subsection Representatives. eration and Maintenance, Defense-wide re-
other than the decedent is the beneficiary of (2) COVERED OFFENSE.—The term ‘‘covered lating to Administrative and Service-Wide
the decedent under the Plan, each of the first offense’’ means an offense under section Activities, in the item relating to Defense
12 payments, following the death of the dece- 2340A, 2441, or 2442 of title 18, United States Security Cooperation Agency, insert after
dent, of the annuity payable to the dece- Code, committed in Libya by or at the order the item relating to AFRICOM UFR–
dent’s beneficiary under the Plan, shall be of a United States citizen. AFRICOM the following:
reduced by one-twelfth of such overpay- SA 3885. Mr. DURBIN (for himself,
ment.’’. BALTIC SECURITY INITIATIVE .............. [175,000]
(c) EFFECTIVE DATE.—The amendments Mr. LEAHY, Ms. BALDWIN, Mr. BOOKER,
made by this section shall apply with respect and Mr. MURPHY) submitted an amend-
to payments made to persons who die on or ment intended to be proposed to SA 3887. Mr. DURBIN (for himself
after the date of the enactment of this Act. amendment SA 3867 submitted by Mr. and Mr. CARPER) submitted an amend-
REED and intended to be proposed to ment intended to be proposed to
SA 3883. Mr. DURBIN (for himself, the bill H.R. 4350, to authorize appro- amendment SA 3867 submitted by Mr.
Mr. LEAHY, Ms. BALDWIN, Mr. BOOKER, priations for fiscal year 2022 for mili- REED and intended to be proposed to
and Mr. MURPHY) submitted an amend- tary activities of the Department of the bill H.R. 4350, to authorize appro-
ment intended to be proposed to Defense, for military construction, and priations for fiscal year 2022 for mili-
amendment SA 3867 submitted by Mr. for defense activities of the Depart- tary activities of the Department of
REED and intended to be proposed to ment of Energy, to prescribe military Defense, for military construction, and
the bill H.R. 4350, to authorize appro- personnel strengths for such fiscal for defense activities of the Depart-
priations for fiscal year 2022 for mili- year, and for other purposes; which was ment of Energy, to prescribe military
tary activities of the Department of ordered to lie on the table; as follows: personnel strengths for such fiscal
Defense, for military construction, and At the end of subtitle F of title XII, add year, and for other purposes; which was
for defense activities of the Depart- the following: ordered to lie on the table; as follows:
ment of Energy, to prescribe military SEC. 1264. REPORT ON INCIDENTS OF ARBITRARY At the end of subtitle G of title X, add the
personnel strengths for such fiscal DETENTION, VIOLENCE, AND STATE- following:
SANCTIONED HARASSMENT BY THE
year, and for other purposes; which was GOVERNMENT OF EGYPT.
SEC. 1064. PROHIBITION ON SMOKING IN FACILI-
ordered to lie on the table; as follows: TIES OF THE VETERANS HEALTH AD-
(a) IN GENERAL.—Not later than 60 days MINISTRATION.
At the end of subtitle G of title XII, add after the date of the enactment of this Act, (a) PROHIBITION.—
the following: the Secretary of State, in consultation with (1) IN GENERAL.—Section 1715 of title 38,
SEC. 1283. DISBURSEMENT OF FOREIGN MILI- the Secretary of Defense, shall submit to the United States Code, is amended to read as
TARY FINANCING FUNDS FOR EGYPT appropriate committees of Congress a report
TO FOREIGN MILITARY SALES
follows:
on incidents of violence against, and arbi-
TRUST FUND. trary detention and state-sanctioned harass- ‘‘§ 1715. Prohibition on smoking in facilities
Notwithstanding any other provision of ment of, United States citizens, individuals of the Veterans Health Administration
law, funds appropriated pursuant to the For- in the United States, and family members of ‘‘(a) PROHIBITION.—No person (including
ctelli on DSK11ZRN23PROD with SENATE
eign Military Financing Program for assist- such citizens and individuals carried out by any veteran, patient, resident, employee of
ance for Egypt for fiscal years 2021 and 2022 the security agencies of the Government of the Department, contractor, or visitor) may
shall be disbursed to the Foreign Military Egypt in Egypt or the United States. smoke on the premises of any facility of the
Sales Trust Fund. (b) ELEMENTS.—The report required by sub- Veterans Health Administration.
section (a) shall include the following: ‘‘(b) DEFINITIONS.—In this section:
SA 3884. Mr. DURBIN submitted an (1) A detailed description of any such inci- ‘‘(1) The term ‘facility of the Veterans
amendment intended to be proposed to dent during the three-year period imme- Health Administration’ means any land or
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S7378 CONGRESSIONAL RECORD — SENATE October 26, 2021
building (including any medical center, nurs- SEC. 1236. SENSE OF SENATE ON PROVISION OF the intelligence community (as defined in
ing home, domiciliary facility, outpatient SECURITY ASSISTANCE TO BALTIC section 3 of the National Security Act of 1947
COUNTRIES.
clinic, or center that provides readjustment (50 U.S.C. 3003)) (other than a member of the
counseling) that is— (a) FINDINGS.—The Senate makes the fol- Armed Forces of the United States) who
‘‘(A) under the jurisdiction of the Depart- lowing findings: moves pursuant to a change in assignment
ment of Veterans Affairs; (1) The Baltic countries are particularly that requires relocation’’ after ‘‘to whom
‘‘(B) under the control of the Veterans vulnerable to continued aggression from the subsection (g) applies’’.
Health Administration; and Russian Federation, including through in- (c) EXCLUSION FOR QUALIFIED MOVING EX-
‘‘(C) not under the control of the General creased air provocations, military build ups PENSE REIMBURSEMENTS.—Section 132(g)(2) of
Services Administration. in the Baltic region, disinformation cam- the Internal Revenue Code of 1986 is amended
‘‘(2) The term ‘smoke’ includes— paigns, cyberattacks, and other forms of in- by inserting ‘‘or an employee or new ap-
‘‘(A) the use of cigarettes, cigars, pipes, timidation. pointee of the intelligence community (as
and any other combustion or heating of to- (2) Since fiscal year 2018, the United States defined in section 3 of the National Security
bacco; and has allocated over $498,965,000 in Department Act of 1947 (50 U.S.C. 3003)) (other than a
‘‘(B) the use of any electronic nicotine de- of Defense partner capacity funding for the member of the Armed Forces of the United
livery system, including electronic or e-ciga- Baltic countries, including over $219,000,000 States) who moves pursuant to a change in
rettes, vape pens, and e-cigars.’’. for the Baltic Security Initiative pursuant to assignment that requires relocation’’ after
(2) CLERICAL AMENDMENT.—The table of sections 332 and 333 of title 10, United States ‘‘change of station’’.
sections at the beginning of subchapter II of Code, for security assistance to Baltic coun- (d) EFFECTIVE DATE.—The amendments
chapter 17 of such title is amended by strik- tries with respect to— made by this section shall apply to taxable
ing the item relating to section 1715 and in- (A) air defense; years beginning after December 31, 2017.
serting the following new item: (B) maritime situational awareness;
(C) ammunition; SA 3891. Mr. CASEY (for himself and
‘‘1715. Prohibition on smoking in facilities of (D) command, control, communications, Ms. WARREN) submitted an amendment
the Veterans Health Adminis- computers, intelligence, surveillance, and re-
tration.’’.
intended to be proposed to amendment
connaissance; SA 3867 submitted by Mr. REED and in-
(b) CONFORMING AMENDMENT.—Section 526 (E) anti-tank capability;
of the Veterans Health Care Act of 1992 (Pub- tended to be proposed to the bill H.R.
(F) special forces; and
lic Law 102–585; 38 U.S.C. 1715 note) is re- (G) other defense capabilities.
4350, to authorize appropriations for
pealed. (3) The Secretary of Defense has completed fiscal year 2022 for military activities
the comprehensive Baltic defense assessment of the Department of Defense, for mili-
SA 3888. Mr. DURBIN (for himself, required by section 1246 of the National De- tary construction, and for defense ac-
Mr. LEAHY, and Mr. OSSOFF) submitted fense Authorization Act for Fiscal Year 2020 tivities of the Department of Energy,
an amendment intended to be proposed (Public Law 116–92; 133 Stat. 1661) and has to prescribe military personnel
to amendment SA 3867 submitted by recommended continued robust, comprehen- strengths for such fiscal year, and for
sive investment in Baltic security efforts other purposes; which was ordered to
Mr. REED and intended to be proposed
based on that assessment.
to the bill H.R. 4350, to authorize ap- (b) SENSE OF SENATE.—It is the sense of the lie on the table; as follows:
propriations for fiscal year 2022 for Senate that— At the appropriate place, insert the fol-
military activities of the Department (1) the security of the Baltic region is cru- lowing:
of Defense, for military construction, cial to the security of the North Atlantic SEC. lll. LOCALITY PAY EQUITY.
and for defense activities of the De- Treaty Organization alliance and the contin- (a) LIMITING THE NUMBER OF LOCAL WAGE
ued provision of security assistance to the AREAS DEFINED WITHIN A GENERAL SCHEDULE
partment of Energy, to prescribe mili-
Baltic countries is critical to ensuring deter- PAY LOCALITY.—
tary personnel strengths for such fiscal (1) LOCAL WAGE AREA LIMITATION.—Section
rence against Russian aggression and bol-
year, and for other purposes; which was 5343(a) of title 5, United States Code, is
stering the security of North Atlantic Trea-
ordered to lie on the table; as follows: ty Organization allies; and amended—
At the end of subtitle G of title XII, add (2) the Senate strongly supports robust as- (A) in paragraph (1)(B)(i), by striking ‘‘(but
the following: sistance to accomplish United States stra- such’’ and all that follows through ‘‘are em-
SEC. 1238. TERMINATION OF AUTHORIZATIONS tegic objectives, including by providing as- ployed)’’;
FOR THE USE OF MILITARY FORCE sistance to the Baltic countries through the (B) in paragraph (4), by striking ‘‘and’’
AND DECLARATIONS OF WAR. Baltic Security Initiative. after the semicolon;
(a) FUTURE AUTHORIZATIONS FOR THE USE (C) in paragraph (5), by striking the period
OF MILITARY FORCE AND DECLARATIONS OF SA 3890. Mr. RUBIO (for himself, Mr. after ‘‘Islands’’ and inserting ‘‘; and’’; and
WAR.—Any authorization for the use of mili- WARNER, Mr. BENNET, Mr. BLUNT, Mr. (D) by adding at the end the following:
tary force or declaration of war enacted into ‘‘(6) the Office of Personnel Management
BURR, Mr. CASEY, Ms. COLLINS, Mr.
law after the date of enactment of this Act shall define not more than 1 local wage area
COTTON, Mrs. FEINSTEIN, Mrs. GILLI- within a pay locality, except that this para-
shall terminate on the date that is 10 years BRAND, Mr. HEINRICH, Mr. KING, Mr.
after the date of enactment of such author- graph shall not apply to the pay locality des-
RISCH, Mr. SASSE, and Mr. WYDEN) sub- ignated as ‘Rest of United States’.’’.
ization or declaration.
(b) EXISTING AUTHORIZATIONS FOR THE USE
mitted an amendment intended to be (2) GENERAL SCHEDULE PAY LOCALITY DE-
proposed to amendment SA 3867 sub- FINED.—Section 5342(a) of title 5, United
OF MILITARY FORCE AND DECLARATIONS OF
mitted by Mr. REED and intended to be States Code, is amended—
WAR.—Any authorization for the use of mili-
proposed to the bill H.R. 4350, to au- (A) in paragraph (2)(C), by striking ‘‘and’’
tary force or declaration of war enacted be-
after the semicolon;
fore the date of the enactment of this Act thorize appropriations for fiscal year
(B) in paragraph (3), by striking the period
shall terminate on the date that is 6 months 2022 for military activities of the De- after ‘‘employee’’ and inserting ‘‘; and’’; and
after the date of such enactment. partment of Defense, for military con- (C) by adding at the end the following:
struction, and for defense activities of ‘‘(4) ‘pay locality’ has the meaning given
SA 3889. Mr. DURBIN (for himself, the Department of Energy, to prescribe that term under section 5302.’’.
Mr. GRASSLEY, and Mrs. FEINSTEIN) military personnel strengths for such (b) REGULATIONS.—The Director of the Of-
submitted an amendment intended to fiscal year, and for other purposes; fice of Personnel Management shall pre-
be proposed to amendment SA 3867 sub- scribe any regulations necessary to carry out
which was ordered to lie on the table;
mitted by Mr. REED and intended to be the purpose of this section, including regula-
as follows: tions to ensure that the enactment of this
proposed to the bill H.R. 4350, to au- At the appropriate place, insert the fol- section shall not have the effect of reducing
thorize appropriations for fiscal year lowing: any rate of basic pay payable to any indi-
2022 for military activities of the De- SEC. ll. EXPANSION OF TREATMENT OF MOV- vidual who is serving as a prevailing rate
partment of Defense, for military con- ING EXPENSES. employee (as defined under section 5342(a)(2)
struction, and for defense activities of (a) PURPOSE.—The purpose of this section of title 5, United States Code).
the Department of Energy, to prescribe is to facilitate the movement of members of (c) APPLICABILITY.—The amendments made
ctelli on DSK11ZRN23PROD with SENATE
military personnel strengths for such the intelligence community to meet mission by this section shall apply on and after the
fiscal year, and for other purposes; critical needs and to reduce unintended tax first day of the first full pay period begin-
burdens imposed on public servants in relo- ning at least 180 days after the date of enact-
which was ordered to lie on the table; cating duty stations. ment of this Act.
as follows: (b) DEDUCTION.—Section 217(k) of the Inter-
Strike section 1236 and insert the fol- nal Revenue Code of 1986 is amended by in- SA 3892. Mrs. GILLIBRAND sub-
lowing: serting ‘‘or an employee or new appointee of mitted an amendment intended to be
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October 26, 2021 CONGRESSIONAL RECORD — SENATE S7379
proposed to amendment SA 3867 sub- ‘‘(B) A dependent under subparagraph (D) (D) Studies show that PTSD has links to
mitted by Mr. REED and intended to be or (I) of section 1072(2) of this title of a homelessness and substance abuse in the
proposed to the bill H.R. 4350, to au- former member of the uniformed services United States. The Department of Veterans
who is entitled to retired or retainer pay, or Affairs estimates that approximately 11 per-
thorize appropriations for fiscal year
equivalent pay.’’. cent of the homeless population are veterans
2022 for military activities of the De- and the Substance Abuse and Mental Health
partment of Defense, for military con- SA 3894. Mr. MORAN submitted an Services Administration estimates that
struction, and for defense activities of amendment intended to be proposed to about seven percent of veterans have a sub-
the Department of Energy, to prescribe amendment SA 3867 submitted by Mr. stance abuse disorder.
military personnel strengths for such REED and intended to be proposed to (E) Our ally Israel, under constant attack
fiscal year, and for other purposes; from terrorist groups, experiences similar
the bill H.R. 4350, to authorize appro- issues with Israeli veterans facing symptoms
which was ordered to lie on the table; priations for fiscal year 2022 for mili- of PTSD. The National Center for Traumatic
as follows: tary activities of the Department of Stress and Resilience at Tel Aviv University
At the end of subtitle D of title III, add the Defense, for military construction, and found that five to eight percent of combat
following: for defense activities of the Depart- soldiers experience some form of PTSD, and
SEC. 356. STANDARDS FOR RESPONSE ACTIONS ment of Energy, to prescribe military during wartime, that figure rises to 15 to 20
WITH RESPECT TO CONTAMINATION percent.
FROM PFAS. personnel strengths for such fiscal
year, and for other purposes; which was (F) Current treatment options in the
(a) IN GENERAL.—In conducting response United States focus on cognitive therapy, ex-
actions to address PFAS contamination from ordered to lie on the table; as follows: posure therapy, or eye movement desen-
activities of the Department of Defense or At the end of subtitle A of title VII, add sitization and reprocessing, but the United
National Guard, the Secretary of Defense the following: States must continue to look for more effec-
shall conduct such actions to achieve a level SEC. 704. EXPANSION OF ELIGIBILITY FOR HEAR- tive treatments. Several leading hospitals,
of PFAS in the environmental media that ING AIDS TO INCLUDE CHILDREN OF academic institutions, and nonprofit organi-
meets or exceeds the most stringent of the CERTAIN RETIRED MEMBERS OF
zations in Israel dedicate research and serv-
following standards for PFAS in any envi- THE UNIFORMED SERVICES.
ices to treating PTSD.
ronmental media: Paragraph (16) of section 1077(a) of title 10, (2) SENSE OF CONGRESS.—It is the sense of
(1) The applicable State standard, in effect United States Code, is amended to read as Congress that the Secretary of Defense, act-
in that State, as described in clause (ii) of follows: ing through the Psychological Health and
section 121(d)(2)(A) of the Comprehensive En- ‘‘(16) Except as provided by subsection (g), Traumatic Brain Injury Research Program,
vironmental Response, Compensation, and a hearing aid, but only if the dependent has should seek to explore scientific collabora-
Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)). a profound hearing loss, as determined under tion between academic institutions and non-
(2) The applicable Federal standard as de- standards prescribed in regulations by the profit research entities in the United States
scribed in clause (i) of such section. Secretary of Defense in consultation with and institutions in Israel with expertise in
(3) A health advisory under section the administering Secretaries, and only for researching, diagnosing, and treating post-
1412(b)(1)(F) of the Safe Drinking Water Act the following dependents: traumatic stress disorder.
(42 U.S.C. 300g-1(b)(1)(F)). ‘‘(A) A dependent of a member of the uni- (b) GRANT PROGRAM.—
(b) DEFINITIONS.—In this section: formed services on active duty. (1) IN GENERAL.—The Secretary of Defense,
(1) PFAS.—The term ‘‘PFAS’’ means a ‘‘(B) A dependent under subparagraph (D) in coordination with the Secretary of Vet-
perfluoroalkyl or polyfluoroalkyl substance or (I) of section 1072(2) of this title of a erans Affairs and the Secretary of State,
with at least one fully fluorinated carbon former member of the uniformed services shall award grants to eligible entities to
atom. who is entitled to retired or retainer pay, or carry out collaborative research between the
(2) RESPONSE ACTION.—The term ‘‘response equivalent pay.’’. United States and Israel with respect to
action’’ means an action taken pursuant to post-traumatic stress disorders.
section 104 of the Comprehensive Environ- SA 3895. Mr. MORAN submitted an (2) AGREEMENT.—The Secretary of Defense
mental Response, Compensation, and Liabil- amendment intended to be proposed to shall carry out the grant program under this
ity Act of 1980 (42 U.S.C. 9604). amendment SA 3867 submitted by Mr. section in accordance with the Agreement on
(c) SAVINGS CLAUSE.—Except with respect REED and intended to be proposed to the United States-Israel binational science
to the specific level required to be met under
the bill H.R. 4350, to authorize appro- foundation with exchange of letters, signed
subsection (a), nothing in this section affects at New York September 27, 1972, and entered
the application of the Comprehensive Envi- priations for fiscal year 2022 for mili-
tary activities of the Department of into force on September 27, 1972.
ronmental Response, Compensation, and Li-
Defense, for military construction, and (c) ELIGIBLE ENTITIES.—To be eligible to
ability Act of 1980 (42 U.S.C. 9601 et seq.).
receive a grant under this section, an entity
for defense activities of the Depart- shall be an academic institution or a non-
SA 3893. Mr. MORAN submitted an ment of Energy, to prescribe military profit entity located in the United States.
amendment intended to be proposed to personnel strengths for such fiscal (d) AWARD.—The Secretary shall award
amendment SA 3867 submitted by Mr. year, and for other purposes; which was grants under this section to eligible entities
REED and intended to be proposed to ordered to lie on the table; as follows: that—
the bill H.R. 4350, to authorize appro- At the end of subtitle C of title VII, add (1) carry out a research project that—
priations for fiscal year 2022 for mili- the following: (A) addresses a requirement in the area of
tary activities of the Department of SEC. 744. GRANT PROGRAM FOR INCREASED CO- post-traumatic stress disorders that the Sec-
Defense, for military construction, and OPERATION ON POST-TRAUMATIC retary determines appropriate to research
STRESS DISORDER RESEARCH BE- using such grant; and
for defense activities of the Depart- TWEEN UNITED STATES AND ISRAEL. (B) is conducted by the eligible entity and
ment of Energy, to prescribe military (a) FINDINGS AND SENSE OF CONGRESS.— an entity in Israel under a joint research
personnel strengths for such fiscal (1) FINDINGS.—Congress makes the fol- agreement; and
year, and for other purposes; which was lowing findings: (2) meet such other criteria that the Sec-
ordered to lie on the table; as follows: (A) The Department of Veterans Affairs re- retary may establish.
At the end of subtitle A of title VII, add ports that between 11 and 20 percent of vet- (e) APPLICATION.—To be eligible to receive
the following: erans who served in Operation Iraqi Freedom a grant under this section, an eligible entity
SEC. 704. EXPANSION OF ELIGIBILITY FOR HEAR- and Operation Enduring Freedom have post- shall submit an application to the Secretary
ING AIDS TO INCLUDE CHILDREN OF traumatic stress disorder (in this paragraph at such time, in such manner, and con-
CERTAIN RETIRED MEMBERS OF referred to as ‘‘PTSD’’) in a given year. In taining such commitments and information
THE UNIFORMED SERVICES. addition, that figure amounts to about 12 as the Secretary may require.
Paragraph (16) of section 1077(a) of title 10, percent of Gulf War veterans and up to 30 (f) GIFT AUTHORITY.—
United States Code, is amended to read as percent of Vietnam veterans. (1) IN GENERAL.—The Secretary may ac-
follows: (B) The Department of Veterans Affairs re- cept, hold, and administer any gift of money
‘‘(16) Except as provided by subsection (g), ports that among women veterans of the made on the condition that the gift be used
a hearing aid, but only if the dependent has conflicts in Iraq and Afghanistan, almost 20 for the purpose of the grant program under
ctelli on DSK11ZRN23PROD with SENATE
a profound hearing loss, as determined under percent have been diagnosed with PTSD. this section.
standards prescribed in regulations by the (C) It is thought that 70 percent of individ- (2) DEPOSIT.—Gifts of money accepted
Secretary of Defense in consultation with uals in the United States have experienced under paragraph (1) shall be deposited in the
the administering Secretaries, and only for at least one traumatic event in their life- Treasury in the Department of Defense Gen-
the following dependents: time, and approximately 20 percent of those eral Gift Fund and shall be available, subject
‘‘(A) A dependent of a member of the uni- individuals have struggled or continue to to appropriation, without fiscal year limita-
formed services on active duty. struggle with symptoms of PTSD. tion.
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S7380 CONGRESSIONAL RECORD — SENATE October 26, 2021
(g) REPORTS.—Not later than 180 days after should seek to explore scientific collabora- SEC. 838. DEFENSE SUPPLY CHAIN RISK ASSESS-
the date on which an eligible entity com- tion between academic institutions and non- MENT FRAMEWORK.
pletes a research project using a grant under profit research entities in the United States (a) IN GENERAL.—Not later than one year
this section, the Secretary shall submit to and institutions in Israel with expertise in after the date of the enactment of this Act,
Congress a report that contains— researching, diagnosing, and treating post- the Secretary of Defense shall establish a
(1) a description of how the eligible entity traumatic stress disorder. framework, which may be included as part of
used the grant; and (b) GRANT PROGRAM.— a framework developed under section 2509 of
(2) an evaluation of the level of success of (1) IN GENERAL.—The Secretary of Defense, title 10, United States Code, and pursuant to
the research project. in coordination with the Secretary of Vet- recommendations provided under section 5 of
(h) TERMINATION.—The authority to award erans Affairs and the Secretary of State, Executive Order 14017 (86 Fed. Reg. 11849, re-
grants under this section shall terminate on shall award grants to eligible entities to lating to America’s supply chains), to con-
the date that is seven years after the date on carry out collaborative research between the solidate the information relating to risks to
which the first such grant is awarded. United States and Israel with respect to the defense supply chain that is collected by
post-traumatic stress disorders. the elements of the Department of Defense
SA 3896. Mr. MORAN submitted an (2) AGREEMENT.—The Secretary of Defense to—
amendment intended to be proposed to shall carry out the grant program under this (1) enable Department-wide risk assess-
amendment SA 3867 submitted by Mr. section in accordance with the Agreement on ments of the defense supply chain; and
REED and intended to be proposed to the United States-Israel binational science (2) support the development of strategies
the bill H.R. 4350, to authorize appro- foundation with exchange of letters, signed to mitigate risks to the defense supply
at New York September 27, 1972, and entered chain.
priations for fiscal year 2022 for mili-
into force on September 27, 1972. (b) FRAMEWORK REQUIREMENTS.—The
tary activities of the Department of
(c) ELIGIBLE ENTITIES.—To be eligible to framework established under subsection (a)
Defense, for military construction, and receive a grant under this section, an entity shall—
for defense activities of the Depart- shall be an academic institution or a non- (1) provide for the collection, management,
ment of Energy, to prescribe military profit entity located in the United States. and storage of data from the supply chain
personnel strengths for such fiscal (d) AWARD.—The Secretary shall award risk management processes of the Depart-
year, and for other purposes; which was grants under this section to eligible entities ment of Defense;
ordered to lie on the table; as follows: that— (2) provide for the collection of reports on
At the end of subtitle C of title VII, add (1) carry out a research project that— supply chain risk management from the
the following: (A) addresses a requirement in the area of military departments and Defense Agencies,
SEC. 744. GRANT PROGRAM FOR INCREASED CO-
post-traumatic stress disorders that the Sec- and the dissemination of such reports to the
OPERATION ON POST-TRAUMATIC retary determines appropriate to research components of the military departments and
STRESS DISORDER RESEARCH BE- using such grant; and Defense Agencies involved in the manage-
TWEEN UNITED STATES AND ISRAEL. (B) is conducted by the eligible entity and ment of supply chain risk;
(a) FINDINGS AND SENSE OF CONGRESS.— an entity in Israel under a joint research (3) enable all elements of the Department
(1) FINDINGS.—Congress makes the fol- agreement; and to analyze the information collected by such
lowing findings: (2) meet such other criteria that the Sec- framework to identify risks to the defense
(A) The Department of Veterans Affairs re- retary may establish. supply chain;
ports that between 11 and 20 percent of vet- (e) APPLICATION.—To be eligible to receive (4) enable the Department to—
erans who served in Operation Iraqi Freedom a grant under this section, an eligible entity (A) assess the capabilities of foreign adver-
and Operation Enduring Freedom have post- shall submit an application to the Secretary saries (as defined in section 8(c) of the Se-
traumatic stress disorder (in this paragraph at such time, in such manner, and con- cure and Trusted Communications Networks
referred to as ‘‘PTSD’’) in a given year. In taining such commitments and information Act of 2019 (47 U.S.C. 1607(c))) to affect the
addition, that figure amounts to about 12 as the Secretary may require. defense supply chain;
percent of Gulf War veterans and up to 30 (f) GIFT AUTHORITY.— (B) analyze the ability of the industrial
percent of Vietnam veterans. (1) IN GENERAL.—The Secretary may ac- base of the United States to meet the needs
(B) The Department of Veterans Affairs re- cept, hold, and administer any gift of money of the defense supply chain;
ports that among women veterans of the made on the condition that the gift be used (C) track global technology trends that
conflicts in Iraq and Afghanistan, almost 20 for the purpose of the grant program under could affect the defense supply chain, as de-
percent have been diagnosed with PTSD. this section. termined by the Secretary of Defense; and
(C) It is thought that 70 percent of individ- (2) DEPOSIT.—Gifts of money accepted (D) assess the risks posed by emerging
uals in the United States have experienced under paragraph (1) shall be deposited in the threats to the defense supply chain;
at least one traumatic event in their life- Treasury in the Department of Defense Gen- (5) support the identification of technology
time, and approximately 20 percent of those eral Gift Fund and shall be available, subject in which the Department may invest to re-
individuals have struggled or continue to to appropriation, without fiscal year limita- duce risks to the defense supply chain, in-
struggle with symptoms of PTSD. tion. cluding by improving the resilience of the
(D) Studies show that PTSD has links to (g) REPORTS.—Not later than 180 days after defense supply; and
homelessness and substance abuse in the the date on which an eligible entity com- (6) provide for—
United States. The Department of Veterans pletes a research project using a grant under (A) a map of the supply chains for major
Affairs estimates that approximately 11 per- this section, the Secretary shall submit to end items that supports analysis, moni-
cent of the homeless population are veterans Congress a report that contains— toring, and reporting with respect to high-
and the Substance Abuse and Mental Health (1) a description of how the eligible entity risk subcontractors and risks to such supply
Services Administration estimates that used the grant; and chain; and
about seven percent of veterans have a sub- (2) an evaluation of the level of success of (B) the use of a covered application de-
stance abuse disorder. the research project. scribed in subsection (c) in the creation of
(E) Our ally Israel, under constant attack (h) TERMINATION.—The authority to award such map to assess risks to the supply chain
from terrorist groups, experiences similar grants under this section shall terminate on for major end items by business sector, ven-
issues with Israeli veterans facing symptoms the date that is seven years after the date on dor, program, part, or technology.
of PTSD. The National Center for Traumatic which the first such grant is awarded. (c) COVERED APPLICATION DESCRIBED.—The
Stress and Resilience at Tel Aviv University covered application described in this sub-
found that five to eight percent of combat SA 3897. Ms. STABENOW submitted section is a covered application that includes
soldiers experience some form of PTSD, and an amendment intended to be proposed the following elements:
during wartime, that figure rises to 15 to 20 (1) A centralized database that consoli-
to amendment SA 3867 submitted by
percent. dates multiple disparate data sources into a
(F) Current treatment options in the Mr. REED and intended to be proposed single repository to ensure the consistent
United States focus on cognitive therapy, ex- to the bill H.R. 4350, to authorize ap- availability of data.
posure therapy, or eye movement desen- propriations for fiscal year 2022 for (2) Centralized reporting to allow for effi-
sitization and reprocessing, but the United military activities of the Department cient mitigation and remediation of identi-
States must continue to look for more effec- of Defense, for military construction, fied supply chain vulnerabilities.
tive treatments. Several leading hospitals, and for defense activities of the De- (3) Broad interoperability with other soft-
ctelli on DSK11ZRN23PROD with SENATE
academic institutions, and nonprofit organi- partment of Energy, to prescribe mili- ware and systems to ensure support for the
zations in Israel dedicate research and serv- analytical capabilities of user across the De-
tary personnel strengths for such fiscal
ices to treating PTSD. partment.
(2) SENSE OF CONGRESS.—It is the sense of year, and for other purposes; which was (4) Scalable technology to support multiple
Congress that the Secretary of Defense, act- ordered to lie on the table; as follows: users, access controls for security, and
ing through the Psychological Health and At the end of subtitle C of title VIII, add functionality designed for information-shar-
Traumatic Brain Injury Research Program, the following: ing and collaboration.
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October 26, 2021 CONGRESSIONAL RECORD — SENATE S7381
(d) GUIDANCE.—Not later than 180 days (A) the ability of the civilian population to prejudiced by any action or lack of action, or
after the framework required under sub- access water, food, sanitation, and public otherwise discriminated against for dis-
section (a) is established, and regularly health services, including all humanitarian closing, being perceived as disclosing, or pre-
thereafter, the Secretary of Defense shall aid and supplies related to the prevention, paring to disclose (including assisting in dis-
issue guidance on mitigating risks to the de- diagnosis, and treatment of COVID–19; closing, being perceived as assisting in dis-
fense supply chain. (B) the changes to the general mortality closing, and including a disclosure made in
(e) REPORTS.— rate, maternal mortality rate, life expect- the ordinary course of job duties) to a person
(1) PROGRESS REPORT.—Not later than 180 ancy, and literacy rate; or body described in paragraph (2) informa-
days after the date of the enactment of this (C) the extent to which there is an increase tion that the protected individual reasonably
Act, the Secretary of Defense shall submit to in refugees or migration to or from the coun- believes is evidence of—
the congressional defense committees a re- try or an increase in internally displaced ‘‘(A)(i) gross mismanagement of a Depart-
port on the progress of establishing the people in the country; ment of Defense contract, subcontract,
framework as required under subsection (a). (D) the degree of compliance and non-com- grant, or subgrant relating to covered funds;
(2) FINAL REPORT.—Not later than one year pliance of the government or non-state actor ‘‘(ii) a gross waste of Department funds or
after the date of the enactment of this Act, with international humanitarian assistance covered funds;
the Secretary of Defense shall submit to the efforts; and ‘‘(iii) an abuse of authority related to a De-
congressional defense committees a report (E) the licensing of transactions to allow partment contract or grant or the distribu-
describing the framework established under access to essential goods and services to vul- tion, implementation, or use of covered
subsection (a) and the organizational struc- nerable populations, including— funds, including conflict of interest or parti-
ture to manage and oversee the framework. (i) the number of licenses applied for, ap- ality;
(f) DEFINITIONS.—In this section: proved, or denied; ‘‘(iv) any violation of any statute, rule, or
(1) COVERED APPLICATION.—The term ‘‘cov- (ii) in cases of license applications that regulation related to a Department of De-
ered application’’ means a software-as-a- were denied, the reasons why such applica- fense contract, subcontract (including the
service application that uses decision tion were denied; and competition for or negotiation of a contract
science, commercial data, and machine (iii) the average time to receive a decision; or subcontract), grant, or subgrant, awarded
learning techniques. and or issued relating to covered funds; and
(2) DEFENSE AGENCY; MILITARY DEPART- ‘‘(v) conduct that violates, obstructs, or
(2) a description of the purpose of sanctions
MENT.—The terms ‘‘Defense Agency’’ and undermines any law, rule, or regulation re-
imposed on each such government and non-
‘‘military department’’ have the meanings lated to any Federal contract (including the
state actor and the required legal or political
given such terms in section 101 of title 10, competition for or negotiation of a contract)
authority, including—
United States Code. or grant, including any statute, rule, or reg-
(A) an assessment of the role of United
(3) HIGH-RISK SUBCONTRACTORS.—The term ulation with respect to any coronavirus pan-
States national security;
‘‘high-risk subcontractor’’ means a subcon- demic-related program, project, or activity;
(B) an assessment of whether the stated
tractor at any tier that supplies major end ‘‘(B) refusing to obey an order that the pro-
foreign policy goals of the sanctions are
items for the Department of Defense. tected individual reasonably believes would
being met;
(4) MAJOR END ITEM.—The term ‘‘major end require that individual to violate a statute,
(C) the degree of international support or rule, or regulation with respect to any cov-
item’’ means an item subject to a unique opposition to the sanctions; and
item-level traceability requirement at any ered funds, including any coronavirus pan-
(D) an assessment of the effect of such demic-related program, project, or activity;
time in the life cycle of such item under De- sanctions on United States businesses, con- ‘‘(C) evidencing gross mismanagement of a
partment of Defense Instruction 8320.04, ti- sumers, and financial institutions. National Aeronautics and Space Administra-
tled ‘‘Item Unique Identification (IUID) (c) FORM.—The report required by sub- tion contract, grant, subcontract, or
Standards for Tangible Personal Property’’ section (a) shall be submitted in unclassified subgrant, a gross waste of Administration
and dated September 3, 2015, or any successor form, but may contain a classified annex. funds, an abuse of authority relating to an
instruction. The unclassified portion of the report shall Administration contract or grant, or a viola-
be published on a publicly available internet tion of law, rule, or regulation related to an
SA 3898. Ms. WARREN submitted an website of the Government of the United Administration contract (including the com-
amendment intended to be proposed to States. petition for or negotiation of a contract),
amendment SA 3867 submitted by Mr. (d) APPROPRIATE CONGRESSIONAL COMMIT- grant, subcontract, or subgrant; or
REED and intended to be proposed to TEES DEFINED.—In this section, the term
‘‘(D) a substantial and specific danger to
the bill H.R. 4350, to authorize appro- ‘‘appropriate congressional committees’’ worker or public health or safety.’’;
means— (B) in paragraph (2)—
priations for fiscal year 2022 for mili-
(1) the Committee on Foreign Affairs, the (i) in subparagraph (A), by striking ‘‘or a
tary activities of the Department of Committee on Financial Services, and the
Defense, for military construction, and representative of a committee of Congress’’
Committee on Ways and Means of the House and inserting ‘‘, a representative of a com-
for defense activities of the Depart- of Representatives; and mittee of Congress, or commission of Con-
ment of Energy, to prescribe military (2) the Committee on Foreign Relations, gress’’;
personnel strengths for such fiscal the Committee on Banking, Housing, and (ii) in subparagraph (B), by inserting ‘‘, in-
year, and for other purposes; which was Urban Affairs, and the Committee on Fi- cluding the Special Inspector General for
ordered to lie on the table; as follows: nance of the Senate. Pandemic Relief and any other Office of In-
At the end of subtitle F of title XII, add spector General established by law’’ after
SA 3899. Ms. WARREN submitted an ‘‘Inspector General’’;
the following:
amendment intended to be proposed to (iii) in subparagraph (G), by striking ‘‘who
SEC. 1264. REPORT ON ALL COMPREHENSIVE
SANCTIONS IMPOSED ON FOREIGN amendment SA 3867 submitted by Mr. has the responsibility to investigate’’ and in-
GOVERNMENTS. REED and intended to be proposed to serting ‘‘authorized to investigate’’; and
(a) IN GENERAL.—Not later than one year the bill H.R. 4350, to authorize appro- (iv) by adding after subparagraph (G) the
after the date of the enactment of this Act, priations for fiscal year 2022 for mili- following new subparagraphs:
the Comptroller General of the United tary activities of the Department of ‘‘(H) The Pandemic Response Account-
States, in consultation with the Secretary of ability Committee.
Defense, for military construction, and
State, the Secretary of the Treasury, and the ‘‘(I) An officer or representative of a labor
head of any other relevant Federal depart-
for defense activities of the Depart- organization.
ment or agency that the Comptroller Gen- ment of Energy, to prescribe military ‘‘(J) The head of an executive agency or a
eral determines necessary, shall submit to personnel strengths for such fiscal designee of such agency head.’’; and
the appropriate congressional committees a year, and for other purposes; which was (C) in paragraph (3)(A)—
report on all comprehensive sanctions im- ordered to lie on the table; as follows: (i) by striking ‘‘an employee’’ and insert-
posed, under any provision of law, on— At the end of subtitle E of title VIII, add ing ‘‘a protected individual’’;
(1) de jure or de facto governments of for- the following: (ii) by striking ‘‘contractor or subcon-
eign countries; and SEC. 857. PROTECTIONS FOR WHISTLEBLOWERS tractor’’ and inserting ‘‘contractor, subcon-
(2) non-state actors that exercise signifi- SEEKING TO ENSURE ACCOUNT- tractor, grantee, or subgrantee’’; and
cant de facto governmental control over a ABILITY AND OVERSIGHT OF COVID– (iii) by striking ‘‘contract or grant’’ and
foreign civilian population. 19 PANDEMIC RESPONSE. inserting ‘‘contract, subcontract, grant, or
ctelli on DSK11ZRN23PROD with SENATE
(b) MATTERS TO BE INCLUDED.—The report (a) DEFENSE CONTRACTS.—Section 2409 of subgrant’’;
required by subsection (a) shall include— title 10, United States Code, is amended— (2) in subsection (b)—
(1) an assessment of the effect of sanctions (1) in subsection (a)— (A) in paragraph (1)—
imposed on each government described in (A) by amending paragraph (1) to read as (i) by striking ‘‘A person who believes that
paragraph (1) of that subsection and each follows: the person’’ and inserting ‘‘A protected indi-
non-state actor described in paragraph (2) of ‘‘(1) A protected individual may not be dis- vidual who believes that the protected indi-
that subsection on— charged, demoted, harassed, blacklisted, vidual’’;
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S7382 CONGRESSIONAL RECORD — SENATE October 26, 2021
(ii) by striking ‘‘Space Administration.’’ ‘‘(i) information protected from disclosure (8) in subsection (g)—
and inserting ‘‘Space Administration, who by a provision of law; and (A) by redesignating paragraphs (1), (2), (5),
shall review the complaint for investigation, ‘‘(ii) any additional information the In- (6), and (7) as paragraphs (2), (9), (10), (1), and
and shall investigate the alleged misconduct spector General determines disclosure of (8), respectively;
disclosed by the protected individual if there which would impede a continuing investiga- (B) in paragraph (1), as so redesignated, by
previously has not been such an investiga- tion, if such information is disclosed once striking ‘‘means the following’’ and all that
tion or if the appropriate Inspector General such disclosure would no longer impede such follows through the period at the end and in-
determines that the original investigation investigation, unless the Inspector General serting the following: ‘‘means an arbitrary
was biased or otherwise inadequate.’’; and determines that disclosure of law enforce- and capricious exercise of authority by a
(iii) by striking ‘‘previously been ad- ment techniques, procedures, or information contracting officer or employee that ad-
dressed’’ and inserting ‘‘been filed’’; could reasonably be expected to risk cir- versely affects the rights of any individual,
(B) by amending paragraph (3) to read as cumvention of the law or disclose the iden- or that results in personal gain or advantage
follows: tity of a confidential source.’’; to the officer or employee or to preferred
‘‘(3)(A) A person or body described in sub- (E) in paragraph (3), as redesignated by other individuals.’’; and
section (a)(2) that receives information subparagraph (C), by striking ‘‘may bring a (C) by inserting after paragraph (4) the fol-
under paragraph (1) and any other person or de novo action at law or equity against the lowing new paragraphs:
body to which such information is disclosed contractor to seek compensatory damages’’ ‘‘(5) The term ‘coronavirus pandemic-re-
may not exercise discretion to respond to and inserting ‘‘may bring a de novo action at lated program, project, or activity’—
any inquiry or disclose the identity or iden- law or equity against any entity violating ‘‘(A) means a program, project, or activity
tifying information of the protected indi- subsection (a) to seek compensatory dam- of the executive branch of the Federal Gov-
vidual providing the information without ages’’; and ernment authorized under or carried out
prior explicit written consent of the pro- (F) in paragraph (4), as so redesignated, by using amounts made available under an Act
tected individual. striking ‘‘paragraph (2)’’ and inserting to respond to or to provide aid or assistance
‘‘(B) If disclosure of the identity or identi- ‘‘paragraph (3)’’; to address, relief from, or funding to address
fying information of a protected individual (4) by striking subsection (d); the outbreak of COVID–19 that is enacted be-
providing information under paragraph (1) is (5) by redesignating subsection (e) as sub- fore, on, or after the date of enactment of
required by law, the recipient shall provide section (d); this paragraph; and
timely notice of the disclosure to the pro- (6) by inserting after subsection (d), as so ‘‘(B) includes any program, project, or ac-
tected individual. redesignated, the following new subsection: tivity of the executive branch of the Federal
‘‘(C) The Inspector General investigating ‘‘(e) GENERAL PROVISIONS.—(1) Nothing in Government authorized under or carried out
alleged discrimination under this section this section shall diminish the rights, privi- using amounts made available under—
may not respond to any inquiry or disclose leges, or remedies of any protected indi- ‘‘(i) the Paycheck Protection Program and
any information from or about any protected vidual under any Federal or State law, or Health Care Enhancement Act (Public Law
individual alleging such discrimination, ex- under any collective bargaining agreement. 116–139), or an amendment made by that Act;
cept in accordance with the provisions of ‘‘(2) Notwithstanding any other provision ‘‘(ii) the CARES Act (Public Law 116–136)
section 552a of title 5 (commonly referred to of law, a protected individual shall be im- or an amendment made by that Act;
as the ‘Privacy Act’), or as required by any mune from civil and criminal liability for ‘‘(iii) the Families First Coronavirus Re-
other applicable Federal law.’’; and making the disclosure if the protected indi- sponse Act (Public Law 116–127), or an
(C) by adding at the end the following new vidual would be protected from reprisal amendment made by that Act;
paragraph: under subsection (a). The protected indi- ‘‘(iv) the Coronavirus Preparedness and Re-
‘‘(5) Upon completion of an investigation vidual shall bear the burden required under sponse Supplemental Appropriations Act,
under this subsection into alleged mis- subsection (a) of proving that the individual 2020 (Public Law 116–123), or an amendment
conduct disclosed by the protected indi- would be protected from reprisal under sub- made by that Act; or
vidual, the Inspector General shall submit a section (a) for making the disclosure. This ‘‘(v) division M or N of the Consolidated
report of the findings of the investigation section does not provide a defense against Appropriations Act, 2021 (Public Law 116–
to— activities unrelated to protected activity 260), or an amendment made by that divi-
‘‘(A) the person against whom the mis- under subsection (a). sion.
conduct is alleged; ‘‘(3)(A) Except as provided under subpara- ‘‘(6) The term ‘covered funds’ means any
‘‘(B) the protected individual concerned; graph (C), the rights and remedies provided contract, subcontract, grant, subgrant, loan,
‘‘(C) the Secretary of Defense or the Ad- for in this section may not be waived by any loan guarantee, or other payment for
ministrator of the National Aeronautics and public or private agreement, policy, form, or which—
Space Administration, as applicable; and condition of employment, including by any ‘‘(A) the Federal Government provides any
‘‘(D) the congressional committees of juris- predispute arbitration agreement. portion of the funds or property that is pro-
diction.’’; ‘‘(B) Except as provided under subpara- vided, requested, or demanded; or
(3) in subsection (c)— graph (C), no predispute arbitration agree- ‘‘(B) any portion of the funds are appro-
(A) in paragraph (1)(B), by striking ‘‘com- ment shall be valid or enforceable if it re- priated or otherwise made available under or
pensatory damages (including back pay)’’ quires arbitration of a dispute arising under to carry out a Coronavirus pandemic-related
and inserting ‘‘compensatory damages (in- this section. program, project, or activity.
cluding double back pay)’’; ‘‘(C) Notwithstanding subparagraphs (A) ‘‘(7) The term ‘employee’—
(B) by striking paragraph (7); and (B), an arbitration provision in a collec- ‘‘(A) except as provided under subpara-
(C) by redesignating paragraphs (2) tive bargaining agreement shall be enforce- graph (B), means an individual performing
through (6) as paragraphs (3) through (7); able as to disputes arising under the collec- services on behalf of an employer, including
(D) by inserting after paragraph (1) the fol- tive bargaining agreement. any individual working for an employer
lowing new paragraph: ‘‘(4) Any non-Federal employer receiving under a grant or contract with such em-
‘‘(2)(A) A protected individual alleging a covered funds (and the head of the applicable ployer (including a contractor, subcon-
reprisal under this section shall have access agency in the case of a Federal personal tractor, grantee, subgrantee, or agent of an
to the investigative file of the Office of In- services contract involving covered funds) employer); and
spector General in accordance with section shall prominently post notice on its website ‘‘(B) does not include any Federal em-
552a of title 5. The investigation by the Of- and to each employee of the rights and rem- ployee or member of the uniformed services
fice of Inspector General shall be deemed edies provided under this section in the pre- (as that term is defined in section 101(a)(5) of
closed for purposes of disclosure under such dominant native languages of the work- title 10).’’; and
section when an individual files an appeal to force.’’; (D) by inserting after paragraph (10), as so
the head of an executive agency or a court of (7) in subsection (f)— redesignated, the following new paragraphs:
competent jurisdiction. (A) by inserting ‘‘(1)’’ before ‘‘Nothing’’; ‘‘(11) The term ‘non-Federal employer’—
‘‘(B) In the event a protected individual al- (B) by adding ‘‘or other reprisal’’ after ‘‘(A) means any employer—
leging a reprisal under this section brings a ‘‘discrimination’’; ‘‘(i) with respect to covered funds—
civil action under this subsection, the pro- (C) by striking ‘‘an employee’’ and insert- ‘‘(I) the contractor, subcontractor, grant-
tected individual and the non-Federal em- ing ‘‘a protected individual’’; ee, subgrantee, or recipient, as the case may
ployer (or the Secretary of Defense or the (D) by striking ‘‘the employee’’ and insert- be, if the contractor, subcontractor, grantee,
Administrator of the National Aeronautics ing ‘‘the protected individual’’; and subgrantee, or recipient is an employer; and
and Space Administration, as applicable, in (E) by adding at the end the following new ‘‘(II) any professional membership organi-
ctelli on DSK11ZRN23PROD with SENATE
the case of a Federal personal services con- paragraph: zation, certification or other professional
tract involving covered funds), if applicable, ‘‘(2) State and local employees may file body, any agent or licensee of the Federal
shall have access to the investigative file of complaints for relief under this section, and Government, or any person acting directly
the Office of Inspector General in accordance nothing in this section may be construed to or indirectly in the interest of an employer
with section 552a of title 5. preempt, preclude, or limit the protections receiving covered funds; or
‘‘(C) The Inspector General may exclude provided for public or private employees ‘‘(ii) with respect to covered funds received
from disclosure— under State or local whistleblower laws.’’; by a State or local government, the State or
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October 26, 2021 CONGRESSIONAL RECORD — SENATE S7383
local government receiving the funds and (iii) in subparagraph (G), by striking ‘‘who have access to the investigative file of the
any contractor or subcontractor of the State has the responsibility to investigate’’ and in- Office of Inspector General in accordance
or local government; and serting ‘‘authorized to investigate’’; and with section 552a of title 5. The investigation
‘‘(B) does not mean any department, agen- (iv) by adding after subparagraph (G) the by the Office of Inspector General shall be
cy, or other entity of the Federal Govern- following new subparagraphs: deemed closed for purposes of disclosure
ment, except with respect to a personal serv- ‘‘(H) The Pandemic Response Account- under such section when an individual files
ices contractor. ability Committee. an appeal to the head of an executive agency
‘‘(12) The term ‘protected individual’ ‘‘(I) An officer or representative of a labor or a court of competent jurisdiction.
means— organization. ‘‘(B) CIVIL ACTION.—In the event a pro-
‘‘(A) a contractor, subcontractor, grantee, ‘‘(J) The head of an executive agency or a tected individual alleging a reprisal under
or subgrantee; designee of such agency head.’’; and this section brings a civil action under this
‘‘(B) an employee, applicant, or former em- (C) in paragraph 3(A)— subsection, the protected individual and the
ployee of a contractor, subcontractor, grant- (i) by striking ‘‘an employee’’ and insert- non-Federal employer (or the head of the ap-
ee, or subgrantee; or ing ‘‘a protected individual’’; and plicable executive agency in the case of a
‘‘(C) a personal services contractor who en- (ii) by striking ‘‘contract or grant’’ and in- Federal personal services contract involving
gages in activity for which any discrimina- serting ‘‘contract, subcontract, grant, or covered funds), if applicable, shall have ac-
tion is prohibited under subsection (a). subgrant’’; cess to the investigative file of the Office of
‘‘(13) The term ‘State or local government’ (2) in subsection (b)— Inspector General in accordance with section
means— (A) in paragraph (1)— 552a of title 5.
‘‘(A) the government of each of the several (i) by striking ‘‘A person who believes’’ and ‘‘(C) EXCEPTION.—The Inspector General
States, the District of Columbia, the Com- inserting ‘‘Any person described under sub- may exclude from disclosure—
monwealth of Puerto Rico, Guam, American section (a)(1) who believes’’; and ‘‘(i) information protected from disclosure
Samoa, the Virgin Islands, the Common- (ii) by inserting ‘‘, who shall review the by a provision of law; and
wealth of the Northern Mariana Islands, or complaint for investigation, and shall inves- ‘‘(ii) any additional information the In-
any other territory or possession of the tigate the alleged misconduct disclosed by spector General determines disclosure of
United States; or the protected individual if there previously which would impede a continuing investiga-
‘‘(B) the government of any political sub- has not been such an investigation or if the tion, if such information is disclosed once
division of a government listed in subpara- Inspector General determines that the origi- such disclosure would no longer impede such
graph (A).’’. nal investigation was biased or otherwise in- investigation, unless the Inspector General
(b) CIVILIAN CONTRACTS.—Section 4712 of adequate’’ after ‘‘to the Inspector General of determines that disclosure of law enforce-
title 41, United States Code, is amended— the executive agency involved’’; ment techniques, procedures, or information
(1) in subsection (a)— (B) by amending paragraph (3) to read as could reasonably be expected to risk cir-
(A) by amending paragraph (1) to read as follows: cumvention of the law or disclose the iden-
follows: ‘‘(3) PROTECTION OF WHISTLEBLOWER IDEN- tity of a confidential source.’’;
‘‘(1) IN GENERAL.—A protected individual TITY.—
(E) in paragraph (3), as redesignated by
may not be discharged, demoted, harassed, ‘‘(A) IN GENERAL.—A person or body de- subparagraph (C), by striking ‘‘may bring a
blacklisted, prejudiced by any action or lack scribed in subsection (a)(2) that receives in-
de novo action at law or equity against the
of action, or otherwise discriminated against formation under paragraph (1) and any per-
for disclosing, being perceived as disclosing, contractor, subcontractor, grantee, or sub-
son or body to which the officer or entity
or preparing to disclose (including assisting grantee to seek compensatory damages’’ and
discloses the information may not exercise
in disclosing, being perceived as assisting in inserting ‘‘may bring a de novo action at law
discretion to respond to any inquiry or dis-
disclosing, and including a disclosure made or equity against any entity violating sub-
close the identity or identifying information
in the ordinary course of job duties) to a per- section (a) to seek compensatory damages’’;
of the protected individual providing the in-
son or body described in paragraph (2) infor- and
formation without prior explicit written con-
mation that the protected individual reason- (F) in paragraph (4), as so redesignated, by
sent of the protected individual.
ably believes is evidence of misconduct that striking ‘‘paragraph (2)’’ and inserting
‘‘(B) NOTICE.—If disclosure of the identity
violates, obstructs, or undermines any law, or identifying information of a protected in- ‘‘paragraph (3)’’;
rule, or regulation related to any Federal dividual providing information under para- (4) by striking subsection (d);
contract (including the competition for or graph (1) is required by law, the recipient (5) by redesignating subsections (e) and (f)
negotiation of a contract) or grant, including shall provide timely notice of the disclosure as subsections (d) and (e), respectively;
any statute, rule, or regulation with respect to the protected individual. (6) in subsection (d), as redesignated by
to any Coronavirus pandemic-related pro- ‘‘(C) PRIVACY OF INFORMATION.—The Inspec- paragraph (5)—
gram, project, or activity, and also includ- tor General investigating alleged discrimina- (A) by inserting ‘‘(1)’’ before ‘‘Nothing’’;
ing— tion under this section may not respond to (B) by adding ‘‘or other reprisal’’ after
‘‘(A)(i) gross mismanagement of an agency any inquiry or disclose any information from ‘‘discrimination’’;
contract, subcontract, grant, or subgrant re- or about any protected individual alleging (C) by striking ‘‘an employee’’ and insert-
lating to covered funds; such discrimination, except in accordance ing ‘‘a protected individual’’;
‘‘(ii) a gross waste of covered funds; with the provisions of section 552a of title 5 (D) by striking ‘‘the employee’’ and insert-
‘‘(iii) a substantial and specific danger to (commonly referred to as the ‘Privacy Act’), ing ‘‘the protected individual’’; and
worker or public health or safety; or as required by any other applicable Fed- (E) by adding at the end the following new
‘‘(iv) an abuse of authority related to the eral law.’’; and paragraph:
distribution, implementation, or use of cov- (C) by adding at the end the following new ‘‘(2) State and local employees may file
ered funds, including conflict of interest or paragraph: complaints for relief under this section, and
partiality; and ‘‘(5) REPORT.—Upon completion of an in- nothing in this section may be construed to
‘‘(v) any violation of any statute, rule, or vestigation under this subsection into al- preempt, preclude, or limit the protections
regulation related to an agency contract, leged misconduct disclosed by the protected provided for public or private employees
subcontract (including the competition for individual, the Inspector General shall sub- under State or local whistleblower laws.’’;
or negotiation of a contract or subcontract), mit a report of the findings of the investiga- (7) by inserting after subsection (e), as so
grant, or subgrant, awarded or issued relat- tion to— redesignated, the following new subsection:
ing to covered funds; or ‘‘(A) the person; ‘‘(f) GENERAL PROVISIONS.—
‘‘(B) refusing to obey an order that the pro- ‘‘(B) the contractor, subcontractor, grant- ‘‘(1) RIGHTS RETAINED BY EMPLOYEE.—Noth-
tected individual reasonably believes would ee, or subgrantee concerned; ing in this section shall diminish the rights,
require that individual to violate a statute, ‘‘(C) the head of the agency; and privileges, or remedies of any protected indi-
rule, or regulation with respect to any cov- ‘‘(D) the congressional committees of juris- vidual under any Federal or State law, or
ered funds, including any coronavirus pan- diction.’’; under any collective bargaining agreement.
demic-related program, project, or activ- (3) in subsection (c)— ‘‘(2) LIABILITY.—Notwithstanding any
ity.’’; (A) in paragraph (1)(B), by striking ‘‘com- other provision of law, a protected individual
(B) in paragraph (2)— pensatory damages (including back pay)’’ shall be immune from civil and criminal li-
(i) in subparagraph (A), by striking ‘‘or a and inserting ‘‘compensatory damages (in- ability for making the disclosure if the pro-
representative of a committee of Congress’’ cluding double back pay)’’; tected individual would be protected from re-
and inserting ‘‘, a representative of a com- (B) by striking paragraph (7); prisal under subsection (a). The protected in-
ctelli on DSK11ZRN23PROD with SENATE
mittee of Congress, or a commission of Con- (C) by redesignating paragraphs (2) dividual shall bear the burden required under
gress’’; through (6) as paragraphs (3) through (7); subsection (a) of proving that the individual
(ii) in subparagraph (B), by inserting ‘‘, in- (D) by inserting after paragraph (1) the fol- would be protected from reprisal under sub-
cluding the Special Inspector General for lowing new paragraph: section (a) for making the disclosure. This
Pandemic Relief and any other Office of In- ‘‘(2) ACCESS TO INVESTIGATIVE FILE.— paragraph does not provide a defense against
spector General established by law’’ after ‘‘(A) IN GENERAL.—A protected individual activities unrelated to protected activity
‘‘Inspector General’’; alleging a reprisal under this section shall under subsection (a).
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S7384 CONGRESSIONAL RECORD — SENATE October 26, 2021
‘‘(3) NONENFORCEABILITY OF CERTAIN PROVI- ‘‘(4) The term ‘employee’— for defense activities of the Depart-
SIONS WAIVING OR OVERRIDING RIGHTS AND ‘‘(A) except as provided under subpara- ment of Energy, to prescribe military
REMEDIES OR REQUIRING ARBITRATION OF DIS- graph (B), means an individual performing personnel strengths for such fiscal
PUTES.— services on behalf of an employer, including year, and for other purposes; which was
‘‘(A) WAIVER OF RIGHTS AND REMEDIES.—Ex- any individual working for an employer
cept as provided under subparagraph (C), the under a grant or contract with such em-
ordered to lie on the table; as follows:
rights and remedies provided for in this sec- ployer (including a contractor, subcon- SEC. 2831. CONSIDERATION OF PUBLIC EDU-
tion may not be waived by any public or pri- tractor, grantee, subgrantee, or agent of an CATION WHEN MAKING BASING DE-
CISIONS.
vate agreement, policy, form, or condition of employer); and
employment, including by any predispute ar- (a) IN GENERAL.—Section 2883 of the Wil-
‘‘(B) does not include any Federal em-
bitration agreement. liam M. (Mac) Thornberry National Defense
ployee or member of the uniformed services
‘‘(B) PREDISPUTE ARBITRATION AGREE- Authorization Act for Fiscal Year 2021 (Pub-
(as that term is defined in section 101(a)(5) of
MENTS.—Except as provided under subpara-
lic Law 116–283) is amended—
title 10).’’; and
graph (C), no predispute arbitration agree- (1) by redesignating subsections (e)
(D) by inserting after paragraph (5), as re-
ment shall be valid or enforceable if it re- through (j) as subsections (f) through (k), re-
designated by subparagraph (B), the fol-
quires arbitration of a dispute arising under spectively; and
lowing new paragraphs:
this section. (2) by inserting after subsection (d) the fol-
‘‘(6) The term ‘non-Federal employer’—
‘‘(C) EXCEPTION FOR COLLECTIVE BARGAINING lowing new subsection (e):
‘‘(A) means any employer— ‘‘(e) EDUCATION.—
AGREEMENTS.—Notwithstanding subpara- ‘‘(i) with respect to covered funds—
graphs (A) and (B), an arbitration provision ‘‘(1) IN GENERAL.—With regard to a mili-
‘‘(I) the contractor, subcontractor, grant- tary housing area in which an installation
in a collective bargaining agreement shall be ee, subgrantee, or recipient, as the case may
enforceable as to disputes arising under the subject to a basing decision covered by sub-
be, if the contractor, subcontractor, grantee, section (a) is or will be located, the Sec-
collective bargaining agreement. subgrantee, or recipient is an employer; and
‘‘(4) REQUIREMENT TO POST NOTICE OF retary of the military department concerned
‘‘(II) any professional membership organi- shall take into account the extent to which
RIGHTS AND REMEDIES.—Any non-Federal em- zation, certification or other professional
ployer receiving covered funds (and the head high-quality public education is available
body, any agent or licensee of the Federal and accessible to dependents of members of
of the applicable agency in the case of a Fed- Government, or any person acting directly
eral personal services contract involving the Armed Forces in the military housing
or indirectly in the interest of an employer area by comparing progress of students
covered funds) shall prominently post notice receiving covered funds; or
on its website and to each employee of the served by relevant local educational agencies
‘‘(ii) with respect to covered funds received described in paragraph (4) under the state-
rights and remedies provided under this sec- by a State or local government, the State or
tion, in the predominant native languages of wide accountability system described in sec-
local government receiving the funds and tion 1111 of the Elementary and Secondary
the workforce.’’; and any contractor or subcontractor of the State
(8) in subsection (g)— Education Act of 1965 (20 U.S.C. 6311) as com-
or local government; and pared to the progress of all students in such
(A) in paragraph (1), by striking ‘‘that is ‘‘(B) does not mean any department, agen-
inconsistent’’ and all that follows through State under such system.’’.
cy, or other entity of the Federal Govern- ‘‘(2) PUBLICATION OF DATA.—The Secretary
the period at the end and inserting ‘‘by a
ment, except with respect to a personal serv- of the military department concerned shall
contracting officer or employee that ad-
ices contractor. make the data used in carrying out para-
versely affects the rights of any individual,
‘‘(7) The term ‘protected individual’ graph (1) available to the public in a manner
or that results in personal gain or advantage
means— that ensures that States and communities
to the officer or employee or to preferred
‘‘(A) a contractor, subcontractor, grantee, can understand the process for making deci-
other individuals.’’;
or subgrantee; sions under such paragraph.
(B) by redesignating paragraph (2) as para-
‘‘(B) an employee, applicant or former em- ‘‘(3) CONSULTATION.—In carrying out para-
graph (5);
ployee of a contractor, subcontractor, grant- graph (1) with respect to an installation sub-
(C) by inserting after paragraph (1) the fol-
lowing new paragraphs: ee, or subgrantee; or ject to a basing decision covered by sub-
‘‘(2) The term ‘coronavirus pandemic-re- ‘‘(C) a personal services contractor who en- section (a), the Secretary of the military de-
lated program, project, or activity’— gages in activity for which any discrimina- partment concerned shall consult with and
‘‘(A) means a program, project, or activity tion is prohibited under subsection (a). seek input from leadership and education li-
of the executive branch of the Federal Gov- ‘‘(8) The term ‘State or local government’ aisons for the installation and State, local,
ernment authorized under or carried out means— and Tribal education agencies.
using amounts made available under an Act ‘‘(A) the government of each of the several ‘‘(4) RELEVANT LOCAL EDUCATIONAL AGEN-
to respond to or to provide aid or assistance States, the District of Columbia, the Com- CIES DESCRIBED.—Relevant local educational
to address, relief from, or funding to address monwealth of Puerto Rico, Guam, American agencies described in this paragraph in-
the outbreak of COVID–19 that is enacted be- Samoa, the Virgin Islands, the Common- clude—
fore, on, or after the date of enactment of wealth of the Northern Mariana Islands, or ‘‘(A) local educational agencies that serve
this paragraph; and any other territory or possession of the dependents of members of the Armed Forces
‘‘(B) includes any program, project, or ac- United States; or in the State in which the military housing
tivity of the executive branch of the Federal ‘‘(B) the government of any political sub- area described in paragraph (1) is located;
Government authorized under or carried out division of a government listed in subpara- and
using amounts made available under— graph (A).’’. ‘‘(B) local educational agencies in such
‘‘(i) the Paycheck Protection Program and (c) COMPLAINT PORTAL.—The Special In-
State that serve or would be likely to serve
Health Care Enhancement Act (Public Law spector General for Pandemic Relief, the
a significant number or percentage of de-
116–139), or an amendment made by that Act; Pandemic Relief Accountability Committee,
pendents of members of the Armed Forces in
‘‘(ii) the CARES Act (Public Law 116–136), and the Congressional Oversight Commission
shall each establish a public website where the military housing area described in para-
or an amendment made by that Act; graph (1) as determined by the Secretary of
any individual who believes that the indi-
‘‘(iii) the Families First Coronavirus Re- the military department concerned, in con-
vidual has been subjected to a reprisal pro-
sponse Act (Public Law 116–127), or an sultation with the education liaisons for the
hibited under subsection (a) of section 2409 of
amendment made by that Act; installation described in such paragraph.’’.
title 10, United States Code, or subsection (a)
‘‘(iv) the Coronavirus Preparedness and Re- (b) CONFORMING AMENDMENT.—Subsection
of section 4712 of title 41, United States Code,
sponse Supplemental Appropriations Act, (a) of such section is amended by striking
as amended by subsections (a) and (b), re-
2020 (Public Law 116–123), or an amendment ‘‘subsection (e)’’ and inserting ‘‘subsection
spectively, of this section, may submit a
made by that Act; or (f)’’
complaint regarding the reprisal. Any com-
‘‘(v) division M or N of the Consolidated plaint so submitted shall be transmitted to
Appropriations Act, 2021 (Public Law 116– SA 3901. Mr. WARNOCK submitted an
the relevant Office of Inspector General for
260), or an amendment made by that divi- enforcement in accordance with such sec-
amendment intended to be proposed to
sion. tions, including notice to the complainant of amendment SA 3867 submitted by Mr.
‘‘(3) The term ‘covered funds’ means any the referral and relevant procedures. REED and intended to be proposed to
contract, subcontract, grant, subgrant, loan, the bill H.R. 4350, to authorize appro-
loan guarantee, or other payment for SA 3900. Mr. WARNOCK submitted an priations for fiscal year 2022 for mili-
which— amendment intended to be proposed to tary activities of the Department of
ctelli on DSK11ZRN23PROD with SENATE
‘‘(A) the Federal Government provides any amendment SA 3867 submitted by Mr. Defense, for military construction, and
portion of the funds or property that is pro-
vided, requested, or demanded; or
REED and intended to be proposed to for defense activities of the Depart-
‘‘(B) any portion of the funds are appro- the bill H.R. 4350, to authorize appro- ment of Energy, to prescribe military
priated or otherwise made available under or priations for fiscal year 2022 for mili- personnel strengths for such fiscal
to carry out a Coronavirus pandemic-related tary activities of the Department of year, and for other purposes; which was
program, project, or activity. Defense, for military construction, and ordered to lie on the table; as follows:
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October 26, 2021 CONGRESSIONAL RECORD — SENATE S7385
At the appropriate place in title II, insert personnel strengths for such fiscal (A) any current hiring practices or restric-
the following: year, and for other purposes; which was tions that constrain workforce growth or re-
SEC. lll. ADVANCED BATTLE MANAGEMENT ordered to lie on the table; as follows: tention;
SYSTEM RESEARCH AND DEVELOP- (B) areas where partnership with State and
MENT. In division A, strike section 1601 and insert local educational agencies focused on ele-
(a) RESEARCH AND DEVELOPMENT.— the following: mentary or secondary education can boost
(1) IN GENERAL.—The Secretary of the Air SEC. 1601. MATTERS CONCERNING CYBER PER- workforce in an area, especially in rural
Force shall continue research and develop- SONNEL REQUIREMENTS. schools and schools that receive funds under
ment of the Advanced Battle Management (a) IN GENERAL.—The Secretary of Defense part A of title I of the Elementary and Sec-
System. shall— ondary Education Act of 1965 (20 U.S.C. 6301
(2) ELEMENTS.—Research and development (1) determine the overall workforce re- et seq.);Me
under paragraph (1) shall include the fol- quirement of the Department of Defense for (C) incentive and policy options to bring
lowing: cyber operation, information operation, and qualified individuals to the regions where
(A) Identifying necessary associated air- software engineering military personnel the jobs are currently;
craft, technological platforms, and necessary (across the active and reserve components of (D) authorities and programs at the De-
associated units. the Armed Forces (other than the Coast partment of Labor that could be used to edu-
(B) Identifying regional ecosystems with cate, retrain, or incentivize individuals to
Guard)) and civilian personnel, and in doing
advantageous supporting base structures and pursue these fields of study; and
so shall—
academic institutions that would com- (E) options for scholarships and intern-
(A) consider personnel in positions secur-
plement the central location. ships to grow a workforce pipeline; and
ing the Department of Defense Information
(C) Assessing the feasibility and advis- (5) determine—
Network and associated enterprise informa-
ability of establishing an Advanced Battle (A) whether the cyberspace domain, soft-
tion technology, defense agencies and field
Management System center of excellence to ware engineering, and information warfare
activities, and combatant commands, includ-
be the processing, exploitation, and dissemi- mission requires a graduate-level profes-
ing current billets primarily associated with
nation hub of development for the system sional military education college on par with
the information environment and cyberspace
and associated platforms and aircraft. and distinct from the war colleges for the
domain and projected future billets; Army, Navy, and Air Force in effect on the
(b) REPORT.— (B) consider the mix between military and
(1) IN GENERAL.—Not later than 180 days day before the date of the enactment of this
civilian personnel, active and reserve compo- Act;
after the date of the enactment of this Act, nents, and the use of the National Guard;
the Secretary of the Air Force shall submit (B) whether such a college should be joint;
(C) develop a workforce development plan and
to the congressional defense committees a that covers accessions, training, and edu-
report on the Advanced Battle Management (C) where it should be located.
cation; and (b) REPORT REQUIRED.—Not later than No-
System. (D) consider such other elements as the vember 1, 2022, the Secretary shall provide
(2) CONTENTS.—The report submitted under Secretary determines appropriate; the Committee on Armed Services of the
paragraph (1) shall include the following: (2) assess current and future general infor- Senate and the Committee on Armed Serv-
(A) A timeline defining the breadth of the mation warfare, software, and cyber edu- ices of the House of Representatives a brief-
Advanced Battle Management System. cation curriculum and requirements for mili- ing and, not later than Jan 1, 2023, the Sec-
(B) An assessment of the feasibility and ad- tary and civilian personnel, including— retary shall submit to such committees a re-
visability of establishing of an Advanced (A) acquisition personnel; port on—
Battle Management System center of excel- (B) accessions and recruits to the military (1) the findings of the Secretary in car-
lence as described in subsection (a)(2)(C). services; rying out subsection (a);
(C) cadets and midshipmen at the military (2) an implementation plan to achieve fu-
SA 3902. Mr. WARNOCK submitted an service academies and enrolled in the Senior ture information warfare and cyber edu-
amendment intended to be proposed to Reserve Officers’ Training Corps; cation requirements at appropriate loca-
amendment SA 3867 submitted by Mr. (D) information environment, software en- tions;
REED and intended to be proposed to gineering, and cyberspace military and civil- (3) such recommendations as the Secretary
the bill H.R. 4350, to authorize appro- ian personnel; and may have for personnel needs in information
priations for fiscal year 2022 for mili- (E) non-information environment and warfare and the cyberspace domain; and
cyberspace military and civilian personnel; (4) such legislative or administrative ac-
tary activities of the Department of tion as the Secretary identifies as necessary
(3) identify appropriate locations for infor-
Defense, for military construction, and mation warfare, software engineering, and to effectively meet cyber personnel require-
for defense activities of the Depart- cyber education for military and civilian ments.
ment of Energy, to prescribe military personnel, including— (c) EDUCATION DEFINED.—The term ‘‘edu-
personnel strengths for such fiscal (A) the military service academies; cation’’ includes formal education require-
year, and for other purposes; which was (B) the educational institutions described ments, such as degrees and certification in
in section 2151(b) of title 10, United States targeted subject areas, but also general
ordered to lie on the table; as follows: training, including—
Code;
At the end of subtitle E of title III, add the (1) reskilling;
(C) the Air Force Institute of Technology;
following: (2) knowledge, skills, and abilities; and
(D) the National Defense University;
SEC. 376. MODIFICATION AND EXTENSION OF AU- (3) nonacademic professional development.
(E) the Joint Special Operations Univer-
THORIZATION OF USE OF WORKING
CAPITAL FUNDS FOR UNSPECIFIED sity;
(F) any other military educational institu-
SA 3904. Mr. WARNOCK (for himself,
MINOR MILITARY CONSTRUCTION
PROJECTS RELATED TO REVITAL- tion of the Department specified by the Sec- Mrs. BLACKBURN, and Mr. MORAN) sub-
IZATION AND RECAPITALIZATION OF retary for purposes of this section; mitted an amendment intended to be
DEFENSE INDUSTRIAL BASE FACILI- (G) the Cyber Centers of Academic Excel- proposed to amendment SA 3867 sub-
TIES. lence certified jointly by the National Secu- mitted by Mr. REED and intended to be
Section 2208(u) of title 10, United States rity Agency and the Department of Home- proposed to the bill H.R. 4350, to au-
Code, is amended— land Security; thorize appropriations for fiscal year
(1) in paragraph (2)(B), by striking ‘‘speci- (H) potential future educational institu- 2022 for military activities of the De-
fied in subsection (a)(2)’’ and all that follows tions of the Federal Government, including
through the period at the end and inserting
partment of Defense, for military con-
an assessment, in consultation with the Sec-
‘‘shall be $20,000,000 instead of any dollar struction, and for defense activities of
retary of Homeland Security and the Na-
limitation specified in section 2805 of this tional Cyber Director, of the feasibility and
the Department of Energy, to prescribe
title.’’; and advisability of a National Cyber Academy or military personnel strengths for such
(2) by striking paragraph (4). similar institute created for the purpose of fiscal year, and for other purposes;
educating and training civilian and military which was ordered to lie on the table;
SA 3903. Mr. WARNOCK submitted an personnel for service in cyber, information, as follows:
amendment intended to be proposed to and related fields throughout the Federal At the end of subtitle F of title V, add the
amendment SA 3867 submitted by Mr. Government; and following:
REED and intended to be proposed to (I) potential colleges, universities, and re- SEC. 583. STUDY ON EMPLOYMENT OF MILITARY
ctelli on DSK11ZRN23PROD with SENATE
the bill H.R. 4350, to authorize appro- search institutes located in proximity to key SPOUSES.
military installations or with close ties to (a) STUDY.—
priations for fiscal year 2022 for mili-
military installations who have programs fo- (1) IN GENERAL.—The Secretary of Defense
tary activities of the Department of cused on information warfare, software engi- shall conduct a study to identify employ-
Defense, for military construction, and neering, and cybersecurity; ment barriers affecting military spouses.
for defense activities of the Depart- (4) identify pathways to workforce growth, (2) ELEMENTS.—The study conducted under
ment of Energy, to prescribe military including— paragraph (1) shall determine the following:
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S7386 CONGRESSIONAL RECORD — SENATE October 26, 2021
(A) The rate or prevalence of military (B) reserved for the exclusive or substan- Defense, for military construction, and
spouses who are currently employed and tial use of the Department of Defense in the for defense activities of the Depart-
whether such military spouses have children. United States. ment of Energy, to prescribe military
(B) The rate or prevalence of military (2) PHOTOVOLTAIC DEVICE.—The term ‘‘pho-
personnel strengths for such fiscal
spouses who are underemployed. tovoltaic device’’ means a device that con-
(C) In connection with subparagraph (B), verts light directly into electricity through year, and for other purposes; which was
whether a military spouse would have taken a solid-state, semiconductor process. ordered to lie on the table; as follows:
a different position of employment if the (c) APPLICABILITY.—The requirements of At the end of subtitle E of title VIII, insert
military spouse were not impacted by the this section shall not apply to photovoltaic the following:
spouse who is a member of the Armed devices placed in service prior to 180 days SEC. 857. REPORT ON EFFECTS OF SEMICON-
Forces. after the date of the enactment of this Act. DUCTOR CHIP SHORTAGE.
(D) The rate or prevalence of military (a) IN GENERAL.—Not later than one year
spouses who, due to military affiliation, have SA 3906. Mr. WARNOCK submitted an after the date of the enactment of this Act,
experienced discrimination by civilian em- amendment intended to be proposed to the Secretary of Defense, in consultation
ployers, including loss of employment, de- amendment SA 3867 submitted by Mr. with the Secretary of Commerce, shall sub-
nial of a promotion, and difficulty in being mit to the appropriate congressional com-
REED and intended to be proposed to
hired. mittees a report on the effects of the semi-
the bill H.R. 4350, to authorize appro- conductor chip shortage on the national and
(E) Any other barriers of entry into the
local workforce for military spouses, includ- priations for fiscal year 2022 for mili- economic security of the United States, in-
ing— tary activities of the Department of cluding the effects of the shortage on—
(i) state licensure requirements; Defense, for military construction, and (1) current defense acquisition programs;
(ii) availability of childcare; for defense activities of the Depart- and
(iii) access to broadband; ment of Energy, to prescribe military (2) the ability of current and future defense
(iv) job availability in military commu- personnel strengths for such fiscal acquisition programs—
nities; and (A) to use state-of the-art semiconductor
year, and for other purposes; which was
(v) access to housing. capabilities; and
(b) REPORT.—Not later than 1 year after
ordered to lie on the table; as follows: (B) to incorporate state-of-the-art artifi-
the date of the enactment of this section, the At the end of subtitle E of title III, add the cial intelligence capabilities.
Secretary of Defense shall submit to the con- following: (b) FORM OF REPORT.—The report required
gressional defense committees a report con- SEC. 376. REPORT ON INITIATIVES OF DEPART- by subsection (a) shall be submitted in un-
taining the results of the study conducted MENT OF DEFENSE TO SOURCE LO- classified form, but may include a classified
CALLY AND REGIONALLY PRODUCED annex.
under this section, including any policy rec-
FOODS FOR INSTALLATIONS OF THE (c) APPROPRIATE CONGRESSIONAL COMMIT-
ommendations to address employment bar- DEPARTMENT.
riers identified by the study. TEES DEFINED.—In this section, the term
(a) IN GENERAL.—Not later than one year ‘‘appropriate congressional committees’’
(c) DEFINITIONS.—In this section:
after the date of the enactment of this Act, means—
(1) MILITARY SPOUSE.—The term ‘‘military
the Comptroller General of the United States (1) the Committee on Armed Services and
spouse’’ means the spouse of a member of the
shall submit to the appropriate committees the Committee on Commerce, Science, and
Armed Forces serving on active duty.
of Congress a report detailing— Transportation of the Senate; and
(2) CONGRESSIONAL DEFENSE COMMITTEES.—
(1) efforts by the Department of Defense to (2) the Committee on Armed Services and
The term ‘‘congressional defense commit-
establish and strengthen ‘‘farm to base’’ ini- the Committee on Energy and Commerce of
tees’’ has the meaning given that term in
tiatives to source locally and regionally pro- the House of Representatives.
section 101(a)(16) of title 10, United States
duced foods for consumption or distribution
Code.
at installations of the Department; SA 3908. Mr. WARNOCK (for himself
SA 3905. Mr. WARNOCK submitted an (2) efforts by the Department to collabo- and Mr. BOOZMAN) submitted an
rate with relevant Federal agencies, includ-
amendment intended to be proposed to amendment intended to be proposed to
ing the Department of Veterans Affairs and
amendment SA 3867 submitted by Mr. the Department of Agriculture, in efforts to amendment SA 3867 submitted by Mr.
REED and intended to be proposed to procure locally and regionally produced REED and intended to be proposed to
the bill H.R. 4350, to authorize appro- foods; the bill H.R. 4350, to authorize appro-
priations for fiscal year 2022 for mili- (3) current procurement practices of the priations for fiscal year 2022 for mili-
tary activities of the Department of Department of Defense regarding food for tary activities of the Department of
Defense, for military construction, and consumption or distribution on installations Defense, for military construction, and
for defense activities of the Depart- of the Department; for defense activities of the Depart-
(4) opportunities where procurement of lo-
ment of Energy, to prescribe military ment of Energy, to prescribe military
cally and regionally produced foods would be
personnel strengths for such fiscal beneficial to members of the Armed Forces, personnel strengths for such fiscal
year, and for other purposes; which was their families, military readiness by improv- year, and for other purposes; which was
ordered to lie on the table; as follows: ing health outcomes, and farmers near in- ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add stallations of the Department; At the appropriate place in title X, insert
the following: (5) barriers currently preventing the De- the following:
SEC. 838. REQUIREMENT TO PROVIDE PHOTO- partment from increasing procurement of lo- SEC. 10ll. PRESERVATION OF MEMORIALS TO
VOLTAIC DEVICES FROM UNITED cally and regionally produced foods or pre- CHAPLAINS ON CHAPLAINS HILL AT
STATES SOURCES. venting farmers from partnering with nearby ARLINGTON NATIONAL CEMETERY.
(a) CONTRACT REQUIREMENT.—The Sec- installations of the Department; and (a) UPDATES TO MEMORIALS.—The National
retary of Defense shall ensure that each cov- (6) recommendations for how the Depart- Conference on Ministry to the Armed Forces,
ered contract includes a provision requiring ment can improve procurement practices to or any successor organization recognized in
that any photovoltaic device installed under increase offerings of locally and regionally law for purposes of this section, may, at no
the contract be manufactured in the United produced foods. cost to the Federal Government—
States substantially all from articles, mate- (b) APPROPRIATE COMMITTEES OF CONGRESS (1)(A) update the memorial to Protestant
rials, or supplies mined, produced, or manu- DEFINED.—In this section, the term ‘‘appro- chaplains located in Arlington National
factured in the United States, unless the priate committees of Congress’’ means— Cemetery, Virginia, with a granite, marble,
head of the department or independent es- (1) the Committee on Armed Services and or other stone base to host the bronze plaque
tablishment concerned determines, on a the Committee on Agriculture, Nutrition, of the memorial;
case-by-case basis, that the inclusion of such and Forestry of the Senate; and (B) add an additional plaque to such base
requirement is inconsistent with the public (2) the Committee on Armed Services and that includes the name of each chaplain,
interest or involves unreasonable costs, sub- the Committee on Agriculture of the House verified as described in subsection (b), who
ject to exceptions provided in the Trade of Representatives. died while on active duty since the original
Agreements Act of 1979 (19 U.S.C. 2501 et seq.) memorial was placed; and
or otherwise provided by law. SA 3907. Mr. WARNOCK (for himself (C) make such other updates and correc-
(b) DEFINITIONS.—In this section: and Mrs. BLACKBURN) submitted an tions to the memorial as may from time to
ctelli on DSK11ZRN23PROD with SENATE
(1) COVERED CONTRACT.—The term ‘‘covered amendment intended to be proposed to time be needed as determined by the Na-
contract’’ means a contract awarded by the tional Conference on Ministry to the Armed
amendment SA 3867 submitted by Mr.
Department of Defense that provides for a Forces or such successor organization; and
photovoltaic device to be— REED and intended to be proposed to (2) make such updates and corrections to
(A) installed inside the United States on the bill H.R. 4350, to authorize appro- the memorial to Catholic chaplains and the
Department of Defense property or in a facil- priations for fiscal year 2022 for mili- memorial to Jewish chaplains located in Ar-
ity owned by the Department of Defense; or tary activities of the Department of lington National Cemetery as may from time
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October 26, 2021 CONGRESSIONAL RECORD — SENATE S7387
to time be needed as determined by the Na- the Committees on Armed Services of the SECTION 1. SHORT TITLE.
tional Conference on Ministry to the Armed Senate and the House of Representatives on This Act may be cited as the ‘‘United
Forces or such successor organization. the evaluation of commercially available States Army Rangers Veterans of World War
(b) VERIFICATION OF NAMES.—The National small unmanned aircraft systems (herein- II Congressional Gold Medal Act’’.
Conference on Ministry to the Armed Forces, after referred to as ‘‘sUAS’’) with capabili- SEC. 2. DEFINITIONS.
or any successor organization recognized in ties that align with the Department’s prior- In this Act—
law for purposes of this section, may verify ities, including— (1) the term ‘‘Secretary’’ means the Sec-
with the Chief of Chaplains of the Army, the (1) the timing of the release of the updated retary of the Treasury; and
Chief of Chaplains of the Navy, the Chief of list titled ‘‘Blue sUAS 2.0’’ of the Defense In- (2) the term ‘‘United States Army Rangers
Chaplains for the Air Force and the Space novation Unit that contains available fixed Veteran of World War II’’ means any indi-
Force, and such agencies of the Department wing and multirotor commercial small un- vidual who—
of Defense as the Secretary of the Army con- manned aircraft systems compliant with sec- (A) served in the Armed Forces—
siders appropriate, the names of chaplains tion 848 of the National Defense Authoriza- (i) honorably;
for memorialization in Arlington National tion Act for Fiscal Year 2020 (Public Law (ii) in an active duty status; and
Cemetery. 116–92); and
(c) RULE OF CONSTRUCTION.—Nothing in (iii) at any time during the period begin-
(2) the advisability and feasibility of add- ning on June 19, 1942, and ending on Sep-
this section may be construed as authorizing ing end-to-end sUAS solutions to such list,
the expansion of any monument or memorial tember 2, 1945; and
including the sUAS, supporting field man- (B) was assigned to a Ranger Battalion of
that is located in Arlington National Ceme- agement software, technical support, and
tery as of the date of the enactment of this the Army at any time during the period de-
training, all provided as an integrated col- scribed in subparagraph (A)(iii).
Act. lection and analysis capability. SEC. 3. FINDINGS.
SA 3909. Mr. WARNOCK (for himself SA 3911. Mr. MORAN submitted an Congress finds the following:
and Ms. COLLINS) submitted an amend- (1) In World War II, the Army formed 6
amendment intended to be proposed to Ranger Battalions and 1 provisional bat-
ment intended to be proposed to amendment SA 3867 submitted by Mr.
amendment SA 3867 submitted by Mr. talion. All members of the Ranger Battalions
REED and intended to be proposed to were volunteers. The initial concept of Rang-
REED and intended to be proposed to the bill H.R. 4350, to authorize appro- er units drew from the British method of
the bill H.R. 4350, to authorize appro- priations for fiscal year 2022 for mili- using highly trained ‘‘commando’’ units and
priations for fiscal year 2022 for mili- tary activities of the Department of the military tradition of the United States
tary activities of the Department of Defense, for military construction, and of utilizing light infantry for scouting and
Defense, for military construction, and for defense activities of the Depart- raiding operations.
for defense activities of the Depart- ment of Energy, to prescribe military (2) The Ranger Battalions of World War II
ment of Energy, to prescribe military personnel strengths for such fiscal consisted of—
personnel strengths for such fiscal (A) the 1st Ranger Infantry Battalion,
year, and for other purposes; which was which was activated on June 19, 1942, in
year, and for other purposes; which was ordered to lie on the table; as follows:
ordered to lie on the table; as follows: Northern Ireland;
At the subtitle G of title XII, add the fol- (B) the 2d Ranger Infantry Battalion,
At the end of subtitle D of title III, add the lowing:
following: which was activated on April 1, 1943, at Camp
SEC. 1283. LIMITATION ON AVAILABILITY OF Forrest, Tennessee;
SEC. 356. REPORT ON JOINT AND SHARED-USE CI- FUNDS TO IMPLEMENT THE ARMS
VILIAN AIRPORTS AND USE OF FIRE- (C) the 3d Ranger Infantry Battalion,
TRADE TREATY.
FIGHTING FOAM CONTAINING which was—
(a) LIMITATION.—
PERFLUOROALKYL OR (i) activated as provisional on May 21, 1943,
(1) IN GENERAL.—None of the funds author-
POLYFLUOROALKYL SUBSTANCES. in North Africa; and
Not later than March 1, 2022, the Secretary ized to be appropriated by this Act or other-
(ii) constituted on July 21, 1943, and con-
of Defense shall submit to the congressional wise made available for fiscal year 2022 for
currently consolidated with the provisional
defense committees a report on the fol- the Department of Defense may be obligated
unit described in clause (i);
lowing: or expended to sustain a domestic prosecu-
(D) the 4th Ranger Infantry Battalion,
(1) The coordination between the Depart- tion based on any charge related to the Arms
which was—
ment of Defense and the Federal Aviation Trade Treaty, to make assessed payments
(i) activated as provisional on May 29, 1943,
Administration regarding the joint and for the Treaty’s Conference of States Parties
in North Africa; and
shared-use civilian airports that depend on or to meet in any other way expenses sus-
(ii) constituted on July 21, 1943, and con-
emergency response services under the juris- tained by the Treaty Secretariat, to make
currently consolidated with the provisional
diction of the Department. voluntary contributions to any international
unit described in clause (i);
(2) The progress of the Department and the organization or foreign nation for any pur-
(E) the 5th Ranger Infantry Battalion,
Federal Aviation Administration in estab- pose related to attendance at the Conference,
which was activated on September 1, 1943, at
lishing a formal consultation system to co- or to implement the Treaty until the Senate
Camp Forrest, Tennessee;
ordinate the review process and final actions approves a resolution advising and con-
(F) the 6th Ranger Infantry Battalion,
on firefighting foam containing senting to ratification of the Treaty and
which was—
perfluoroalkyl or polyfluoroalkyl substances there is enacted legislation implementing
(i) originally activated on January 20, 1941,
with the operators of joint and shared-use ci- the Treaty.
at Fort Lewis, Washington, as the 98th Field
vilian airports. (2) EXCEPTIONS.—The limitation in para-
Artillery Battalion; and
(3) The timeline for the Department to graph (1) shall not apply to a United States
(ii) converted and redesignated on Sep-
issue directives on firefighting foam con- delegation attending the Treaty’s Con-
tember 26, 1944, as the 6th Ranger Infantry
taining perfluoroalkyl or polyfluoroalkyl ference of State Parties, subsidiary bodies,
Battalion; and
substances. or extraordinary meetings, or to the pay-
(G) the 29th Ranger Infantry Battalion, a
ment, to entities other than the Treaty Sec-
provisional Army National Guard unit that
SA 3910. Mr. MORAN submitted an retariat, of an attendance fee towards the
was—
amendment intended to be proposed to cost of preparing and holding the Conference
(i) activated on December 20, 1942, at
amendment SA 3867 submitted by Mr. of State Parties, or subsidiary body meeting
Tidworth Barracks, England; and
as applicable.
REED and intended to be proposed to (b) RULE OF CONSTRUCTION.—Nothing in
(ii) disbanded on October 18, 1943.
the bill H.R. 4350, to authorize appro- this section shall be construed to preclude (3) The first combat operations of Army
priations for fiscal year 2022 for mili- the Department of Defense from assisting Rangers occurred on August 19, 1942, when 50
tary activities of the Department of foreign countries in bringing their laws, reg- Rangers took part in the British-Canadian
ulations, and practices related to export con- raid on the French coastal town of Dieppe.
Defense, for military construction, and (4) The 1st Ranger Battalion, under the
for defense activities of the Depart- trol up to United States standards.
leadership of Major William O. Darby, was
ment of Energy, to prescribe military SA 3912. Mr. SCHUMER (for Ms. used in full strength during the landings at
personnel strengths for such fiscal ERNST) proposed an amendment to the Arsew, Algeria, during the North African
year, and for other purposes; which was bill S. 1872, to award a Congressional campaign. Due to the success of the Rangers
ordered to lie on the table; as follows: Gold Medal, collectively, to the United in several difficult battles, particularly at El
ctelli on DSK11ZRN23PROD with SENATE
At the end of subtitle E of title VIII, add Guettar in March and April of 1943, 2 addi-
States Army Rangers Veterans of tional Ranger Battalions were organized in
the following:
World War II in recognition of their ex- North Africa.
SEC. 857. BRIEFING ON EXPANDED SMALL UN-
MANNED AIRCRAFT SYSTEMS CAPA- traordinary service during World War (5) During the North African campaign, the
BILITY. II; as follows: 1st Ranger Battalion was awarded battle
The Secretary of Defense shall, not later Strike all after the enacting clause and in- honors for its actions in Tunisia. On March
than January 30, 2022, provide a briefing to sert the following: 20, 1943, the Battalion penetrated enemy
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S7388 CONGRESSIONAL RECORD — SENATE October 26, 2021
lines and captured the position Djebel el Ank (11) During June, July, and August of 1944, (B) for its contributions, received the Pres-
in a nighttime attack, taking more than 200 the 2d and 5th Ranger Battalions were en- idential Unit Citation (Army) and streamer
prisoners. Two days later, the battalion was gaged in the campaign in Brest, which in- embroidered with ‘‘SALERNO’’.
attacked by the 10th Panzer division of the cluded close-range fighting in hedgerows and (18) The 5th Ranger Infantry Battalion—
German Afrika Korps and, despite heavy numerous villages. Later, in operations in (A) participated in the campaigns of—
losses, continued to defend its position. The Western Germany, the Battalions were fre- (i) Normandy (with arrowhead);
following day, the 1st Battalion counter- quently used to attack in darkness and gain (ii) Northern France;
attacked to clear high ground overlooking vital positions to pave the way for the main (iii) Rhineland;
the positions held by the Armed Forces. Army attacks. (iv) Ardennes-Alsace; and
These actions demonstrated the ability of (12) During the final drive into Germany in (v) Central Europe; and
the Rangers to fight in difficult terrain and late February and early March 1945, the 5th (B) for its contributions, received—
the courage to endure despite being out- Ranger Battalion was cited for battle honors (i) the Presidential Unit Citation (Army)
numbered and exposed to heavy enemy fire. for outstanding performance. Under the and streamer embroidered with ‘‘NOR-
(6) The 29th provisional Ranger Battalion cover of darkness, the unit drove into Ger- MANDY BEACHHEAD’’;
was formed from volunteers drawn from the man lines and blocked the main German sup- (ii) the Presidential Unit Citation (Army)
29th Infantry Division stationed in England ply route in the sector. The Germans at- and streamer embroidered with ‘‘SAAR
in the fall of 1942. The Battalion was acti- tacked the position of the Rangers from both RIVER AREA’’; and
vated on December 20, 1942, and accompanied sides, resulting in heavy Ranger casualties (iii) the French Croix de Guerre with Sil-
during 5 days of fighting. As a result of the ver-Gilt Star, World War II, and streamer
British commandos on 3 small-scale raids in
actions of the Rangers, the main Army at- embroidered with ‘‘NORMANDY’’.
Norway. Nineteen members of the 29th Rang-
tack was able to overcome German defenses (19) The 6th Ranger Infantry Battalion—
er Battalion conducted a raid on a German
more easily, occupy the vital city of Trier, (A) participated in the campaigns of—
radar site in France on the night of Sep-
and reach the Rhine River. (i) New Guinea;
tember 3, 1943. After that raid, the 29th
(13) The 6th Ranger Battalion operated in (ii) Leyte (with arrowhead); and
Ranger Battalion was disbanded because new
the Pacific. In the most notable exploit of (iii) Luzon; and
Ranger units, the 2d and 5th Battalions, were
the 6th Ranger Battalion, in January and (B) for its contributions, received—
being formed. February of 1945, the Battalion formed the
(7) During the summer and fall of 1943, the (i) the Presidential Unit Citation (Army)
nucleus of a rescue force that liberated more and streamer embroidered with ‘‘CEBU,
1st, 3d, and 4th Ranger Battalions were heav- than 500 Allied prisoners, including prisoners
ily involved in the campaign in Sicily and LUZON’’; and
from the United States, from the Caba- (ii) the Philippine Presidential Unit Cita-
the landings in Italy. The 1st and 4th Ranger natuan prisoner of war camp in the Phil-
Battalions conducted a night amphibious tion and streamer embroidered with ‘‘17 OC-
ippines. With the help of local Filipino gue- TOBER 1944 TO 4 JULY 1945’’.
landing in Sicily and secured the landing rillas, the Rangers, led by Lieutenant Colo-
beaches for the main force. The 3d Battalion (20) The United States will be forever in-
nel Henry A. Mucci, demonstrated extraor- debted to the United States Army Rangers
landed separately at Licata, Sicily, and was dinary heroism by infiltrating Japanese-held
able to silence gun positions on an 82-foot Veterans of World War II, whose bravery and
territory to reach the prisoners of war and
cliff overlooking the invasion beaches. sacrifice in combat contributed greatly to
prevent them from being killed by the Japa-
(8) During the invasion of Italy, the 1st and the military success of the United States and
nese. After a 25-mile march at night through
4th Ranger Battalions landed at Maiori with the allies of the United States.
the jungle, the unit killed all Japanese sen-
the mission of seizing the high ground and SEC. 4. CONGRESSIONAL GOLD MEDAL.
tries with no loss of life of the prisoners of
protecting the flank of the remainder of the (a) AWARD AUTHORIZED.—The President pro
war. The unit successfully returned to Amer-
main landing by the United States. Enemy tempore of the Senate and the Speaker of
ican lines having lost only 2 soldiers killed
forces in the area were estimated to out- the House of Representatives shall make ap-
and having another 2 wounded.
number the Rangers by approximately 8 to 1. propriate arrangements for the award, on be-
(14) The 1st Ranger Infantry Battalion—
Despite these odds, the Rangers took the po- half of Congress, of a single gold medal of ap-
(A) participated in the campaigns of—
sition and held off 7 enemy counterattacks. propriate design to the United States Army
(i) Algeria-French Morocco (with arrow-
(9) After the invasion of Italy, Rangers Rangers Veterans of World War II, in rec-
head);
continued to be used, often in night attacks, ognition of their dedicated service during
(ii) Tunisia; World War II.
to seize key terrain ahead of the advancing (iii) Sicily (with arrowhead); (b) DESIGN AND STRIKING.—For the pur-
Allied forces. At the Anzio beachhead, the (iv) Naples-Foggia (with arrowhead); poses of the award described in subsection
majority of the 1st, 3d, and 4th Ranger Bat- (v) Anzio (with arrowhead); and (a), the Secretary shall strike the gold medal
talions sustained heavy casualties after (vi) Rome-Arno; and with suitable emblems, devices, and inscrip-
being cut off behind German lines. The Rang- (B) for its contributions, received— tions, to be determined by the Secretary.
ers had planned to infiltrate German posi- (i) the Presidential Unit Citation (Army) (c) SMITHSONIAN INSTITUTION.—
tions under the cover of darkness and make and streamer embroidered with ‘‘EL (1) IN GENERAL.—Following the award of
a dawn attack on a critical road junction but GUETTAR’’; and the gold medal in honor of the United States
were pinned down by enemy tanks and an (ii) the Presidential Unit Citation (Army) Army Rangers Veterans of World War II, the
elite German paratrooper unit. After 12 and streamer embroidered with gold medal shall be given to the Smithsonian
hours of desperate fighting and a failed relief ‘‘SALERNO’’. Institution, where the medal shall be—
attempt, the majority of the Ranger force (15) The 2d Ranger Infantry Battalion— (A) available for display, as appropriate;
was killed, wounded, or captured. Only 6 (A) participated in the campaigns of— and
Rangers from the 1st and 3d Battalions, out (i) Normandy (with arrowhead); (B) made available for research.
of more than 767 men, returned to friendly (ii) Northern France; (2) SENSE OF CONGRESS.—It is the sense of
lines. The 4th Battalion, which had been in (iii) Rhineland; Congress that the Smithsonian Institution
reserve, also suffered 60 killed and 120 (iv) Ardennes-Alsace; and should make the gold medal received under
wounded out of 550 men. These 3 battalions (v) Central Europe; and paragraph (1) available for display elsewhere,
were inactivated and the survivors were (B) for its contributions, received— particularly at other locations associated
transferred to other units. (i) the Presidential Unit Citation (Army) with—
(10) In the United States, and later in Scot- and streamer embroidered with ‘‘POINTE DU (A) the United States Army Rangers Vet-
land, the 2d and 5th Ranger Battalions were HOE’’; and erans of World War II; or
formed to undertake operations in Western (ii) the French Croix de Guerre with Silver- (B) World War II.
Europe. Those Battalions were engaged on D- Gilt Star, World War II, and streamer em- (d) DUPLICATE MEDALS.—
Day, assaulting German positions at the broidered with ‘‘POINTE DU HOE’’. (1) IN GENERAL.—The Secretary may strike
Pointe du Hoc coastal battery, and remained (16) The 3d Ranger Infantry Battalion— and sell duplicates in bronze of the gold
in combat through September of 1944. Spe- (A) participated in the campaigns of— medal struck under this section, at a price
cifically, Rangers in the 2d Battalion, under (i) Sicily (with arrowhead); sufficient to cover the cost of the medals, in-
the command of Lieutenant Colonel James (ii) Naples-Foggia (with arrowhead); cluding the cost of labor, materials, dies, use
E. Rudder— (iii) Anzio (with arrowhead); and of machinery, and overhead expenses.
(A) overcame mines, machine gun fire, and (iv) Rome-Arno; and (2) PROCEEDS OF SALES.—The amounts re-
enemy artillery while scaling the 100-foot (B) for its contributions, received the Pres- ceived from the sale of duplicate medals
high cliffs at Pointe du Hoc; idential Unit Citation (Army) and streamer under paragraph (1) shall be deposited in the
ctelli on DSK11ZRN23PROD with SENATE
(B) held against intense German efforts to embroidered with ‘‘SALERNO’’. United States Mint Public Enterprise Fund.
retake the position; and (17) The 4th Ranger Infantry Battalion— (e) AUTHORITY TO USE FUND AMOUNTS.—
(C) after reaching the top of the cliffs, (A) participated in the campaigns of— There is authorized to be charged against the
moved inland roughly 1 mile and sustained (i) Sicily (with arrowhead); United States Mint Public Enterprise Fund
heavy casualties while searching for, and ul- (ii) Naples-Foggia (with arrowhead); such amounts as may be necessary to pay for
timately destroying, a German heavy artil- (iii) Anzio (with arrowhead); and the costs of the medals struck under this
lery battery. (iv) Rome-Arno; and Act.
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October 26, 2021 CONGRESSIONAL RECORD — SENATE S7389
SEC. 5. STATUS OF MEDAL. ship, or any other essential elements involv- ject to regulations prescribed by the Com-
(a) NATIONAL MEDAL.—The gold medal ing one or more national critical capabilities mittee—
struck under section 4 shall be a national identified under subparagraph (B)(ii); or ‘‘(A) means systems and assets, whether
medal for the purposes of chapter 51 of title ‘‘(II) could result in an unacceptable risk physical or virtual, so vital to the United
31, United States Code. to a national critical capability. States that the inability to develop such sys-
(b) NUMISMATIC ITEMS.—For the purposes of ‘‘(ii) Any other transaction, transfer, tems and assets or the incapacity or destruc-
section 5134 of title 31, United States Code, agreement, or arrangement, the structure of tion of such systems or assets would have a
all medals struck under section 4 shall be which is designed or intended to evade or cir- debilitating impact on national security or
considered to be numismatic items. cumvent the application of this title, subject crisis preparedness; and
--- to regulations prescribed by the Committee. ‘‘(B) includes the following:
SA 3913. Mr. CASEY submitted an ‘‘(B) REGULATIONS.— ‘‘(i) The production, in sufficient quan-
amendment intended to be proposed to ‘‘(i) IN GENERAL.—The Committee shall tities, of any of the following articles:
amendment SA 3867 submitted by Mr. prescribe regulations further defining the ‘‘(I) Medical supplies, medicines, and per-
REED and intended to be proposed to term ‘covered transaction’ in accordance sonal protective equipment.
with subchapter II of chapter 5, and chapter ‘‘(II) Articles essential to the operation,
the bill H.R. 4350, to authorize appro- 7, of title 5, United States Code (commonly manufacture, supply, service, or mainte-
priations for fiscal year 2022 for mili- known as the ‘Administrative Procedure nance of critical infrastructure.
tary activities of the Department of Act’). ‘‘(III) Articles critical to infrastructure
Defense, for military construction, and ‘‘(ii) IDENTIFICATION OF NATIONAL CRITICAL construction after a natural or manmade dis-
for defense activities of the Depart- CAPABILITIES.—For purposes of subparagraph aster.
ment of Energy, to prescribe military (A)(I), the regulations prescribed by the ‘‘(IV) Articles that are components of sys-
personnel strengths for such fiscal Committee under clause (i) shall— tems critical to the operation of weapons
‘‘(I) identify the national critical capabili- systems, intelligence collection systems, or
year, and for other purposes; which was ties subject to that subparagraph based on items critical to the conduct of military or
ordered to lie on the table; as follows: criteria intended to limit application of that intelligence operations.
At the end of subtitle G of title X, add the subparagraph to the subset of national crit- ‘‘(V) Any other articles identified in regu-
following: ical capabilities that is likely to pose an un- lations prescribed under section 1007.
SEC. 1064. NATIONAL CRITICAL CAPABILITIES acceptable risk to the national security and ‘‘(ii) Supply chains for the production of
REVIEWS. crisis preparedness of the United States; and articles described in clause (i).
(a) IN GENERAL.—The Trade Act of 1974 (19 ‘‘(II) enumerate, quantify, prioritize, and ‘‘(iii) Essential supply chains for the De-
U.S.C. 2101 et seq.) is amended by adding at set forth sufficient allowances of, specific partment of Defense.
the end the following: types and examples of such capabilities. ‘‘(iv) Any other supply chains identified in
‘‘TITLE X—NATIONAL CRITICAL ‘‘(6) CRISIS PREPAREDNESS.—The term ‘cri- regulations prescribed under section 1007.
CAPABILITIES REVIEWS sis preparedness’ means preparedness for— ‘‘(v) Services critical to the production of
‘‘(A) a public health emergency declared articles described in clause (i) or a supply
‘‘SEC. 1001. DEFINITIONS.
under section 319 of the Public Health Serv- chain described in clause (ii), (iii), or (iv).
‘‘In this title: ice Act (42 U.S.C. 247d); or ‘‘(vi) Medical services.
‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(B) a major disaster declared under sec- ‘‘(vii) Services critical to the maintenance
TEES.—The term ‘appropriate congressional tion 401 of the Robert T. Stafford Disaster of critical infrastructure.
committees’ means— Relief and Emergency Assistance Act (42 ‘‘(viii) Services critical to infrastructure
‘‘(A) the Committee on Finance, the Com- U.S.C. 5170). construction after a natural or manmade dis-
mittee on Armed Services, the Committee on ‘‘(7) CRITICAL INFRASTRUCTURE.—The term aster.
Banking, Housing, and Urban Affairs, the ‘critical infrastructure’ means systems and ‘‘(ix) Any other services identified in regu-
Committee on Commerce, Science, and assets, whether physical or virtual, so vital lations prescribed under section 1007.
Transportation, the Committee on Health, to the United States that the incapacity or ‘‘(12) NATIONAL SECURITY.—The term ‘na-
Education, Labor, and Pensions, and the destruction of such systems and assets would tional security’ includes—
Committee on Homeland Security and Gov- have a debilitating impact on national secu- ‘‘(A) national security, as defined in sec-
ernmental Affairs of the Senate; and rity, national economic security, national tion 721(a) of the Defense Production Act of
‘‘(B) the Committee on Ways and Means, public health or safety, or any combination 1950 (50 U.S.C. 4565(a));
the Committee on Armed Services, the Com- of those matters. ‘‘(B) national defense, as defined in section
mittee on Education and Labor, the Com- ‘‘(8) ENTITY OF CONCERN.—The term ‘entity 702 of that Act (50 U.S.C. 4552); and
mittee on Financial Services, the Committee of concern’ means an entity— ‘‘(C) agricultural security and natural re-
on Homeland Security, and the Committee ‘‘(A) the ultimate parent entity of which is sources security.
on Transportation and Infrastructure of the domiciled in a country of concern; or ‘‘(13) PARTY.—The term ‘party’, with re-
House of Representatives. ‘‘(B) that is directly or indirectly con- spect to a transaction, has the meaning
‘‘(2) COMMITTEE.—The term ‘Committee’ trolled by, owned by, or subject to the influ- given that term in regulations prescribed by
means the Committee on National Critical ence of a foreign person that has a substan- the Committee.
Capabilities established under section 1002. tial nexus with a country of concern. ‘‘(14) UNITED STATES.—The term ‘United
‘‘(3) CONTROL.—The term ‘control’ means ‘‘(9) FOREIGN ENTITY.— States’ means the several States, the Dis-
the power, direct or indirect, whether exer- ‘‘(A) IN GENERAL.—Except as provided by trict of Columbia, and any territory or pos-
cised or not exercised, to determine, direct, subparagraph (B), the term ‘foreign entity’ session of the United States.
or decide important matters affecting an en- means any branch, partnership, group or ‘‘(15) UNITED STATES BUSINESS.—The term
tity, subject to regulations prescribed by the sub-group, association, estate, trust, cor- ‘United States business’ means a person en-
Committee. poration or division of a corporation, or or- gaged in interstate commerce in the United
‘‘(4) COUNTRY OF CONCERN.—The term ganization organized under the laws of a for- States.
‘country of concern’— eign country if— ‘‘SEC. 1002. COMMITTEE ON NATIONAL CRITICAL
‘‘(A) has the meaning given the term ‘for- ‘‘(i) its principal place of business is out- CAPABILITIES.
eign adversary’ in section 8(c)(2) of the Se- side the United States; or ‘‘(a) IN GENERAL.—There is established a
cure and Trusted Communications Networks ‘‘(ii) its equity securities are primarily committee, to be known as the ‘Committee
Act of 2019 (47 U.S.C. 1607(c)(2)); and traded on one or more foreign exchanges. on National Critical Capabilities’, which
‘‘(B) may include a nonmarket economy ‘‘(B) EXCEPTION.—The term ‘foreign entity’ shall carry out this title and such other as-
country (as defined in section 771(18) of the does not include any entity described in sub- signments as the President may designate.
Tariff Act of 1930 (19 U.S.C. 1677(18))) identi- paragraph (A) that can demonstrate that a ‘‘(b) MEMBERSHIP.—
fied by the Committee for purposes of this majority of the equity interest in such enti- ‘‘(1) IN GENERAL.—The Committee shall be
paragraph by regulation. ty is ultimately owned by nationals of the comprised of the head, or a designee of the
‘‘(5) COVERED TRANSACTION.— United States. head, of each of the following:
‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(10) FOREIGN PERSON.—The term ‘foreign ‘‘(A) The Office of the United States Trade
vided, the term ‘covered transaction’ means person’ means— Representative.
any of the following transactions, proposed ‘‘(A) any foreign national, foreign govern- ‘‘(B) The Department of Commerce.
or pending on or after the date of the enact- ment, or foreign entity; ‘‘(C) The Office of Science and Technology
ment of this title: ‘‘(B) any entity over which control is exer- Policy.
ctelli on DSK11ZRN23PROD with SENATE
‘‘(i) Any transaction by a United States cised or exercisable by a foreign national, ‘‘(D) The Department of the Treasury.
business that— foreign government, or foreign entity; or ‘‘(E) The Department of Homeland Secu-
‘‘(I) shifts or relocates to a country of con- ‘‘(C) any entity over which control is exer- rity.
cern, or transfers to an entity of concern, the cised or exercisable by a person described in ‘‘(F) The Department of Defense.
design, development, production, manufac- subparagraph (A) or (B). ‘‘(G) The Department of State.
ture, fabrication, supply, servicing, testing, ‘‘(11) NATIONAL CRITICAL CAPABILITIES.— ‘‘(H) The Department of Justice.
management, operation, investment, owner- The term ‘national critical capabilities’, sub- ‘‘(I) The Department of Energy.
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S7390 CONGRESSIONAL RECORD — SENATE October 26, 2021
‘‘(J) The Department of Health and Human ‘‘(3) INITIATION OF REVIEW BY REQUEST FROM described in section 1001(a)(11)(B)(i), in ac-
Services. CONGRESS.—The Committee shall initiate a cordance with the following:
‘‘(K) The Department of Agriculture. review under paragraph (1) of a covered ‘‘(1) The sourcing of least concern shall be
‘‘(L) The Department of Labor. transaction if the chairperson and the rank- articles the supply chains for which are
‘‘(M) Any other Federal agency the Presi- ing member of one of the appropriate con- housed in whole within countries that are al-
dent determines appropriate, generally or on gressional committees jointly request the lies of the United States.
a case-by-case basis. Committee to review the transaction. ‘‘(2) The sourcing of greater concern shall
‘‘(2) EX OFFICIO MEMBERS.— ‘‘(c) TREATMENT OF BUSINESS CONFIDENTIAL be articles the supply chains for which are
‘‘(A) IN GENERAL.—In addition to the mem- INFORMATION.—A United States business housed in part within countries of concern or
bers of the Committee specified in paragraph shall submit each notification required by from an entity of concern but for which sub-
(1), the following shall, except as provided in subsection (a) to the Committee— stitute production is available from else-
subparagraph (B), be nonvoting, ex officio ‘‘(1) in a form that includes business con- where at required scale.
members of the Committee: fidential information; and ‘‘(3) The sourcing of greatest concern shall
‘‘(i) The Director of National Intelligence. ‘‘(2) in a form that omits business con- be articles the supply chains for which are
‘‘(ii) The Administrator of the Federal fidential information and is appropriate for housed wholly or in part in countries of con-
Emergency Management Agency. disclosure to the public. cern or from an entity of concern and for
‘‘(iii) The Director of the National Insti- ‘‘SEC. 1004. ACTION BY THE PRESIDENT. which substitute production is unavailable
tute of Standards and Technology. ‘‘(a) IN GENERAL.—Subject to subsection elsewhere at required scale.
‘‘(iv) The Director of the Centers for Dis- (d), the President may take such action for ‘‘SEC. 1007. IDENTIFICATION OF ADDITIONAL NA-
ease Control and Prevention. such time as the President considers appro- TIONAL CRITICAL CAPABILITIES.
‘‘(v) The Director of the National Institute priate to address or mitigate any unaccept- ‘‘(a) IN GENERAL.—The Committee should
of Allergy and Infectious Diseases. able risk posed by a covered transaction to prescribe regulations to identify additional
‘‘(vi) The Chairperson of the Federal Com- one or more national critical capabilities, in- articles, supply chains, and services to rec-
munications Commission. cluding suspending or prohibiting the cov- ommend for inclusion in the definition of
‘‘(vii) The Chairperson of the Securities ered transaction. ‘national critical capabilities’ under section
and Exchange Commission. ‘‘(b) ANNOUNCEMENT BY THE PRESIDENT.— 1001(a)(11).
‘‘(viii) The Chairperson of the Commodity The President shall announce the decision on ‘‘(b) REVIEW OF INDUSTRIES.—
Futures Trading Commission. whether or not to take action pursuant to ‘‘(1) IN GENERAL.—In identifying under sub-
‘‘(ix) The Administrator of the Federal subsection (a) with respect to a covered section (a) additional articles, supply chains,
Aviation Administration. transaction not later than 15 days after the and services to recommend for inclusion in
‘‘(B) DESIGNATION AS VOTING MEMBERS.— date on which the review of the transaction the definition of ‘national critical capabili-
The chairperson of the Committee may des- under section 1003 is completed. ties’ under section 1001(a)(11), the Committee
ignate any of the officials specified in ‘‘(c) ENFORCEMENT.—The President may di- should conduct a review of industries identi-
clauses (ii) through (ix) of subparagraph (A) rect the Attorney General of the United fied by Federal Emergency Management
as voting members of the Committee. States to seek appropriate relief, including Agency as carrying out emergency support
‘‘(c) CHAIRPERSON.— divestment relief, in the district courts of functions, including the following industries:
‘‘(1) IN GENERAL.—The United States Trade the United States, in order to implement and ‘‘(A) Energy.
Representative shall serve as the chairperson enforce this section. ‘‘(B) Medical.
of the Committee. ‘‘(d) FINDINGS OF THE PRESIDENT.—The ‘‘(C) Communications, including electronic
‘‘(2) CONSULTATIONS WITH SECRETARIES OF President may exercise the authority con- and communications components.
DEFENSE AND COMMERCE.—In carrying out the ferred by subsection (a) to suspend or pro- ‘‘(D) Defense.
duties of the chairperson of the Committee, hibit a covered transaction only if the Presi- ‘‘(E) Transportation.
the United States Trade Representative shall dent finds that— ‘‘(F) Aerospace, including space launch.
‘‘(1) there is credible evidence that leads ‘‘(G) Robotics.
consult with the Secretary of Defense and
the President to believe that the transaction ‘‘(H) Artificial intelligence.
the Secretary of Commerce.
‘‘(d) DESIGNATION OF OFFICIALS TO CARRY poses an unacceptable risk to one or more ‘‘(I) Semiconductors.
OUT DUTIES RELATED TO COMMITTEE.—The national critical capabilities; and ‘‘(J) Shipbuilding.
head of each agency represented on the Com- ‘‘(2) provisions of law (other than this sec- ‘‘(K) Water, including water purification.
mittee shall designate an official, at or tion) do not, in the judgment of the Presi- ‘‘(2) QUANTIFICATION.—In conducting a re-
equivalent to the level of Assistant Sec- dent, provide adequate and appropriate au- view of industries under paragraph (1), the
retary in the Department of the Treasury, thority for the President to protect such ca- Committee should specify the quantity of ar-
who is appointed by the President, by and pabilities. ticles, supply chains, and services, and spe-
with the advice and consent of the Senate, to ‘‘(e) FACTORS TO BE CONSIDERED.—For pur- cific types and examples of transactions,
carry out such duties related to the Com- poses of determining whether to take action from each industry sufficient to maintain
mittee as the head of the agency may assign. under subsection (a), the President shall con- national critical capabilities.
‘‘SEC. 1003. REVIEW OF COVERED TRANSACTIONS. sider, among other factors, each of the fac- ‘‘SEC. 1008. REPORTING REQUIREMENTS.
‘‘(a) MANDATORY NOTIFICATION.—A United tors described in section 1005, as appropriate. ‘‘(a) ANNUAL REPORT TO CONGRESS.—
States business that engages in a covered ‘‘SEC. 1005. FACTORS TO BE CONSIDERED. ‘‘(1) IN GENERAL.—Not later than 90 days
transaction shall submit a written notifica- ‘‘The Committee, in reviewing and making after the date of the enactment of the Na-
tion of the transaction to the Committee. a determination with respect to a covered tional Defense Authorization Act for Fiscal
‘‘(b) REVIEW.— transaction under section 1003, and the Year 2022, and annually thereafter, the Com-
‘‘(1) IN GENERAL.—Not later than 60 days President, in determining whether to take mittee shall submit to the appropriate con-
after receiving written notification under action under section 1004 with respect to a gressional committees a report—
subsection (a) of a covered transaction, the covered transaction, shall consider any fac- ‘‘(A) on the determination under section
Committee may— tors relating to national critical capabilities 1006 with respect to sensitivities and risks
‘‘(A) review the transaction to determine if that the Committee or the President con- for sourcing of articles described in section
the transaction is likely to result in an un- siders relevant, including— 1001(a)(11)(B)(i);
acceptable risk to one or more national crit- ‘‘(1) the long-term strategic economic, na- ‘‘(B) assessing whether identification of ad-
ical capabilities, including by considering tional security, and crisis preparedness in- ditional national critical capabilities under
factors specified in section 1005; and terests of the United States; section 1007 is necessary; and
‘‘(B) if the Committee determines under ‘‘(2) the history of distortive or predatory ‘‘(C) describing, for the year preceding sub-
subparagraph (A) that the transaction poses trade practices in each country in which a mission of the report—
a risk described in that subparagraph, make foreign person that is a party to the trans- ‘‘(i) the notifications received under sub-
recommendations— action is domiciled; section (a) of section 1003 and reviews con-
‘‘(i) to the President for appropriate action ‘‘(3) control and beneficial ownership (as ducted pursuant to such notifications;
that may be taken under this title or under determined in accordance with section 847 of ‘‘(ii) reviews initiated under paragraph (2)
other existing authorities to address or miti- the National Defense Authorization Act for or (3) of subsection (b) of that section;
gate that risk; and Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. ‘‘(iii) actions recommended by the Com-
‘‘(ii) to Congress for the establishment or 2509 note)) of each foreign person that is a mittee under subsection (b)(1)(B) of that sec-
expansion of Federal programs to support party to the transaction; and tion as a result of such reviews; and
the production or supply of articles and serv- ‘‘(4) impact on the domestic industry and ‘‘(iv) reviews during which the Committee
ctelli on DSK11ZRN23PROD with SENATE
ices described in section 1001(a)(11)(B) in the resulting resiliency, including the domestic determined no action was required; and
United States. skills base, taking into consideration any ‘‘(D) assessing the overall impact of such
‘‘(2) UNILATERAL INITIATION OF REVIEW.— pattern of foreign investment in the domes- reviews on national critical capabilities.
The Committee may initiate a review under tic industry. ‘‘(2) FORM OF REPORT.—The report required
paragraph (1) of a covered transaction for ‘‘SEC. 1006. SUPPLY CHAIN SENSITIVITIES. by paragraph (1) shall be submitted in un-
which written notification is not submitted ‘‘The Committee shall determine the sen- classified form but may include a classified
under subsection (a). sitivities and risks for sourcing of articles annex.
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October 26, 2021 CONGRESSIONAL RECORD — SENATE S7391
‘‘(b) USE OF DEFENSE PRODUCTION ACT OF with those governments to establish infor- ized to meet during the session of the
1950 AUTHORITIES.—Not later than 180 days mation sharing regimes. Senate on Tuesday, October 26, 2021, at
after the date of the enactment of the Na- ‘‘SEC. 1012. AUTHORIZATION OF APPROPRIA- 10 a.m., to conduct a hearing on nomi-
tional Defense Authorization Act for Fiscal TIONS.
nations.
Year 2022, the Committee shall submit to ‘‘There are authorized to be appropriated
Congress a report that includes recommenda- such sums as may be necessary to carry out COMMITTEE ON RULES AND ADMINISTRATION
tions relating to use the authorities under this title, including to provide outreach to The Committee on Rules and Admin-
title III of the Defense Production Act of 1950 industry and persons affected by this title. istration is authorized to meet during
(50 U.S.C. 4531 et seq.) to make investments ‘‘SEC. 1013. RULE OF CONSTRUCTION WITH RE- the session of the Senate on Tuesday,
to enhance national critical capabilities and SPECT TO FREE AND FAIR COM- October 26, 2021, at 2:30 p.m., to conduct
reduce dependency on materials and services MERCE.
a hearing.
imported from foreign countries. ‘‘Nothing in this title may be construed as
‘‘SEC. 1009. REQUIREMENT FOR REGULATIONS. prohibiting or limiting the free and fair flow SELECT COMMITTEE ON INTELLIGENCE
‘‘(a) IN GENERAL.—The Committee shall of commerce outside of the United States The Select Committee on Intel-
prescribe regulations to carry out this title. that does not pose an unacceptable risk to a ligence is authorized to meet during
‘‘(b) ELEMENTS.—Regulations prescribed to national critical capability.’’. the session of the Senate on Tuesday,
carry out this title shall— (b) CLERICAL AMENDMENT.—The table of October 26, 2021, at 2:30 p.m., to conduct
‘‘(1) provide for the imposition of civil pen- contents for the Trade Act of 1974 is amended
a closed briefing.
alties for any violation of this title, includ- by adding at the end the following:
SUBCOMMITTEE ON CONSUMER PROTECTION,
ing any mitigation agreement entered into, ‘‘TITLE X—NATIONAL CRITICAL
PRODUCT SAFETY, AND DATA SECURITY
conditions imposed, or order issued pursuant CAPABILITIES REVIEWS
to this title; and ‘‘Sec. 1001. Definitions.
The Subcommittee on Consumer Pro-
‘‘(2) include specific examples of the types ‘‘Sec. 1002. Committee on National Critical tection, Product Safety, and Data Se-
of— Capabilities. curity of the Committee on Commerce,
‘‘(A) the transactions that will be consid- ‘‘Sec. 1003. Review of covered transactions. Science, and Transportation is author-
ered to be covered transactions; and ‘‘Sec. 1004. Action by the President. ized to meet during the session of the
‘‘(B) the articles, supply chains, and serv- ‘‘Sec. 1005. Factors to be considered. Senate on Tuesday, October 26, 2021, at
ices that will be considered to be national ‘‘Sec. 1006. Supply chain sensitivities.
critical capabilities. 10 a.m., to conduct a hearing.
‘‘Sec. 1007. Identification of additional na-
‘‘(c) COORDINATION.—In prescribing regula- tional critical capabilities. f
tions to carry out this title, the Committee ‘‘Sec. 1008. Reporting requirements.
shall coordinate with the United States ‘‘Sec. 1009. Requirement for regulations. ENSURING COMPLIANCE AGAINST
Trade Representative, the Under Secretary ‘‘Sec. 1010. Requirements related to govern- DRUG DIVERSION ACT OF 2021
of Commerce for Industry and Security, and ment procurement. Mr. SCHUMER. Madam President, I
the Committee on Foreign Investment in the ‘‘Sec. 1011. Multilateral engagement and co- ask unanimous consent that the Com-
United States to avoid duplication of effort. ordination.
‘‘SEC. 1010. REQUIREMENTS RELATED TO GOV- ‘‘Sec. 1012. Authorization of appropriations. mittee on the Judiciary be discharged
ERNMENT PROCUREMENT. ‘‘Sec. 1013. Rule of construction with respect from further consideration of H.R. 1899
‘‘(a) IN GENERAL.—Not later than 90 days to free and fair commerce.’’. and the Senate proceed to its imme-
after the date of the enactment of the Na- f diate consideration.
tional Defense Authorization Act for Fiscal The PRESIDING OFFICER. The
Year 2022, the Federal Acquisition Regula- AUTHORITY FOR COMMITTEES TO clerk will report the bill by title.
tion shall be revised to require each person MEET The senior assistant legislative clerk
that is a prospective contractor for an execu- Mr. COONS. Mr. President, I have 8 read as follows:
tive agency to disclose the supply chains the
requests for committees to meet during A bill (H.R. 1899) to amend the Controlled
person would use to carry out the contract
and the extent to which the person would de- today’s session of the Senate. They Substances Act to provide for the modifica-
pend on articles and services imported from have the approval of the Majority and tion, transfer, and termination of a registra-
foreign countries, including the percentage Minority Leaders. tion to manufacture, distribute, or dispense
of such materials and services imported from Pursuant to rule XXVI, paragraph controlled substances or list I chemicals, and
countries of concern. for other purposes.
5(a), of the Standing Rules of the Sen-
‘‘(b) MATERIALITY.—The head of an execu- ate, the following committees are au- There being no objection, the com-
tive agency shall consider the failure of a thorized to meet during today’s session mittee was discharged, and the Senate
person to make the disclosures required by proceeded to consider the bill.
of the Senate:
subsection (a) to be material determinants Mr. SCHUMER. I ask unanimous con-
in awarding a contract to that person. COMMITTEE ON ARMED SERVICES
‘‘(c) APPLICABILITY.—The revisions to the sent that the bill be considered read a
The Committee on Armed Services is third time and passed and that the mo-
Federal Acquisition Regulation required authorized to meet during the session
under subsection (a) shall apply with respect tion to reconsider be considered made
of the Senate on Tuesday, October 26, and laid upon the table.
to contracts for which solicitations are
issued on or after the date that is 90 days 2021, at 9:30 a.m., to conduct a hearing. The PRESIDING OFFICER. Without
after the date of the enactment of the Na- COMMITTEE ON BANKING, HOUSING, AND URBAN
objection, it is so ordered.
tional Defense Authorization Act for Fiscal AFFAIRS
The bill (H.R. 1899) was ordered to a
Year 2022. The Committee on Banking, Housing, third reading, was read the third time,
‘‘(d) DEFINITIONS.—In this section: and Urban Affairs is authorized to
‘‘(1) EXECUTIVE AGENCY.—The term ‘execu- and passed.
meet during the session of the Senate
tive agency’ has the meaning given that
on Tuesday, October 26, 2021, at 10 a.m., f
term in section 133 of title 41, United States
Code. to conduct a hearing on nominations. UNITED STATES ARMY RANGERS
‘‘(2) FEDERAL ACQUISITION REGULATION.— COMMITTEE ON FINANCE VETERANS OF WORLD WAR II
The term ‘Federal Acquisition Regulation’ The Committee on Finance is author- CONGRESSIONAL GOLD MEDAL
means the regulation issued pursuant to sec- ized to meet during the session of the ACT
tion 1303(a)(1) of title 41, United States Code. Senate on Tuesday, October 26, 2021, at Mr. SCHUMER. Madam President, I
‘‘SEC. 1011. MULTILATERAL ENGAGEMENT AND 9:30 a.m., to conduct a hearing on
COORDINATION. ask unanimous consent that the Com-
nominations. mittee on Banking, Housing, and
‘‘The United States Trade Representa-
tive— COMMITTEE ON FOREIGN RELATIONS Urban Affairs be discharged from fur-
‘‘(1) should, in coordination and consulta- The Committee on Foreign Relations ther consideration of S. 1872 and the
tion with relevant Federal agencies, conduct is authorized to meet during the ses- Senate proceed to its immediate con-
multilateral engagement with the govern- sion of the Senate on Tuesday, October sideration.
ctelli on DSK11ZRN23PROD with SENATE
ments of countries that are allies of the 26, 2021, at 10 a.m., to conduct a hearing The PRESIDING OFFICER. The
United States to secure coordination of pro- on nominations. clerk will report the bill by title.
tocols and procedures with respect to cov-
ered transactions with countries of concern; COMMITTEE ON HEALTH, EDUCATION, LABOR, The senior assistant legislative clerk
and AND PENSIONS read as follows:
‘‘(2) upon adoption of protocols and proce- The Committee on Health, Edu- A bill (S. 1872) to award a Congressional
dures described in paragraph (1), shall work cation, Labor, and Pensions is author- Gold Medal, collectively, to the United
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