Amendments to SA 3867 on H.R. 4350 — Congressional Record, Senate, November 2, 2021
Summary
Congressional Record, Senate, November 2, 2021 (beginning at page S7607). The page lists amendments, beginning with SA 4183, that were submitted and intended to be proposed to amendment SA 3867 submitted by Reed, each ordered to lie on the table. Sponsors named include Shaheen with Portman, Braun with Stabenow, Murray with Manchin, Whitehouse with Graham, Thune, Padilla, Cortez Masto, Warner, Markey, and Cornyn with King and Hassan.
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“Amendments to SA 3867 on H.R. 4350 — Congressional Record, Senate, November 2, 2021.”
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7607
SA 4183. Mrs. SHAHEEN (for herself and FEINSTEIN) submitted an amendment in- 4350, supra; which was ordered to lie on the
Mr. PORTMAN) submitted an amendment in- tended to be proposed to amendment SA 3867 table.
tended to be proposed to amendment SA 3867 submitted by Mr. REED and intended to be SA 4213. Mr. PADILLA submitted an
submitted by Mr. REED and intended to be proposed to the bill H.R. 4350, supra; which amendment intended to be proposed to
proposed to the bill H.R. 4350, supra; which was ordered to lie on the table. amendment SA 3867 submitted by Mr. REED
was ordered to lie on the table. SA 4199. Ms. CORTEZ MASTO submitted and intended to be proposed to the bill H.R.
SA 4184. Mr. BRAUN (for himself and Ms. an amendment intended to be proposed to 4350, supra; which was ordered to lie on the
STABENOW) submitted an amendment in- amendment SA 3867 submitted by Mr. REED table.
tended to be proposed to amendment SA 3867 and intended to be proposed to the bill H.R. SA 4214. Mr. PADILLA submitted an
submitted by Mr. REED and intended to be 4350, supra; which was ordered to lie on the amendment intended to be proposed to
proposed to the bill H.R. 4350, supra; which table. amendment SA 3867 submitted by Mr. REED
was ordered to lie on the table. SA 4200. Ms. CORTEZ MASTO (for herself, and intended to be proposed to the bill H.R.
SA 4185. Mr. PORTMAN (for himself, Mr. Mr. PADILLA, and Ms. ROSEN) submitted an 4350, supra; which was ordered to lie on the
COONS, and Mr. BURR) submitted an amend- amendment intended to be proposed to table.
ment intended to be proposed to amendment amendment SA 3867 submitted by Mr. REED SA 4215. Mr. PADILLA (for himself and
SA 3867 submitted by Mr. REED and intended and intended to be proposed to the bill H.R. Mrs. FEINSTEIN) submitted an amendment in-
to be proposed to the bill H.R. 4350, supra; 4350, supra; which was ordered to lie on the tended to be proposed to amendment SA 3867
which was ordered to lie on the table. table. submitted by Mr. REED and intended to be
SA 4186. Mrs. BLACKBURN submitted an SA 4201. Mrs. CAPITO submitted an proposed to the bill H.R. 4350, supra; which
amendment intended to be proposed to amendment intended to be proposed to was ordered to lie on the table.
amendment SA 3867 submitted by Mr. REED amendment SA 3867 submitted by Mr. REED SA 4216. Mr. MARKEY submitted an
and intended to be proposed to the bill H.R. and intended to be proposed to the bill H.R. amendment intended to be proposed to
4350, supra; which was ordered to lie on the 4350, supra; which was ordered to lie on the amendment SA 3867 submitted by Mr. REED
table. table. and intended to be proposed to the bill H.R.
SA 4187. Mrs. MURRAY (for herself and Mr. SA 4202. Mr. WARNER submitted an 4350, supra; which was ordered to lie on the
MANCHIN) submitted an amendment intended amendment intended to be proposed to table.
to be proposed by her to the bill H.R. 4350, amendment SA 3867 submitted by Mr. REED SA 4217. Mr. CORNYN (for himself and Mr.
supra; which was ordered to lie on the table. and intended to be proposed to the bill H.R. KING) submitted an amendment intended to
SA 4188. Mr. JOHNSON submitted an 4350, supra; which was ordered to lie on the be proposed to amendment SA 3867 sub-
amendment intended to be proposed to table. mitted by Mr. REED and intended to be pro-
amendment SA 3867 submitted by Mr. REED SA 4203. Mr. WARNER submitted an posed to the bill H.R. 4350, supra; which was
and intended to be proposed to the bill H.R. amendment intended to be proposed to ordered to lie on the table.
4350, supra; which was ordered to lie on the amendment SA 3867 submitted by Mr. REED SA 4218. Mr. CORNYN (for himself and Ms.
table. and intended to be proposed to the bill H.R. HASSAN) submitted an amendment intended
SA 4189. Mr. WHITEHOUSE (for himself 4350, supra; which was ordered to lie on the to be proposed to amendment SA 3867 sub-
and Mr. GRAHAM) submitted an amendment table. mitted by Mr. REED and intended to be pro-
intended to be proposed to amendment SA SA 4204. Mr. WARNER submitted an posed to the bill H.R. 4350, supra; which was
3867 submitted by Mr. REED and intended to amendment intended to be proposed to ordered to lie on the table.
be proposed to the bill H.R. 4350, supra; amendment SA 3867 submitted by Mr. REED SA 4219. Mr. BRAUN submitted an amend-
which was ordered to lie on the table. and intended to be proposed to the bill H.R. ment intended to be proposed to amendment
SA 4190. Mr. THUNE submitted an amend- 4350, supra; which was ordered to lie on the SA 3867 submitted by Mr. REED and intended
ment intended to be proposed to amendment table. to be proposed to the bill H.R. 4350, supra;
SA 3867 submitted by Mr. REED and intended SA 4205. Mr. WARNER submitted an which was ordered to lie on the table.
to be proposed to the bill H.R. 4350, supra; amendment intended to be proposed to SA 4220. Mr. BRAUN submitted an amend-
which was ordered to lie on the table. amendment SA 3867 submitted by Mr. REED ment intended to be proposed to amendment
SA 4191. Mr. THUNE submitted an amend- and intended to be proposed to the bill H.R. SA 3867 submitted by Mr. REED and intended
ment intended to be proposed to amendment 4350, supra; which was ordered to lie on the to be proposed to the bill H.R. 4350, supra;
SA 3867 submitted by Mr. REED and intended table. which was ordered to lie on the table.
to be proposed to the bill H.R. 4350, supra; SA 4206. Mr. PADILLA submitted an SA 4221. Mr. BRAUN submitted an amend-
which was ordered to lie on the table. amendment intended to be proposed to ment intended to be proposed to amendment
SA 4192. Mr. THUNE submitted an amend- amendment SA 3867 submitted by Mr. REED SA 3867 submitted by Mr. REED and intended
ment intended to be proposed to amendment and intended to be proposed to the bill H.R. to be proposed to the bill H.R. 4350, supra;
SA 3867 submitted by Mr. REED and intended 4350, supra; which was ordered to lie on the which was ordered to lie on the table.
to be proposed to the bill H.R. 4350, supra; table. SA 4222. Mr. BRAUN submitted an amend-
which was ordered to lie on the table. SA 4207. Mr. PADILLA submitted an ment intended to be proposed to amendment
SA 4193. Mr. THUNE submitted an amend- amendment intended to be proposed to SA 3867 submitted by Mr. REED and intended
ment intended to be proposed to amendment amendment SA 3867 submitted by Mr. REED to be proposed to the bill H.R. 4350, supra;
SA 3867 submitted by Mr. REED and intended and intended to be proposed to the bill H.R. which was ordered to lie on the table.
to be proposed to the bill H.R. 4350, supra; 4350, supra; which was ordered to lie on the SA 4223. Mr. BRAUN (for himself, Mrs.
which was ordered to lie on the table. table. BLACKBURN, Mr. SCOTT of Florida, and Ms.
SA 4194. Mr. THUNE submitted an amend- SA 4208. Mr. PADILLA submitted an ERNST) submitted an amendment intended to
ment intended to be proposed to amendment amendment intended to be proposed to be proposed to amendment SA 3867 sub-
SA 3867 submitted by Mr. REED and intended amendment SA 3867 submitted by Mr. REED mitted by Mr. REED and intended to be pro-
to be proposed to the bill H.R. 4350, supra; and intended to be proposed to the bill H.R. posed to the bill H.R. 4350, supra; which was
which was ordered to lie on the table. 4350, supra; which was ordered to lie on the ordered to lie on the table.
SA 4195. Mr. THUNE submitted an amend- table. SA 4224. Mr. BRAUN submitted an amend-
ment intended to be proposed to amendment SA 4209. Mr. PADILLA submitted an ment intended to be proposed to amendment
SA 3867 submitted by Mr. REED and intended amendment intended to be proposed to SA 3867 submitted by Mr. REED and intended
to be proposed to the bill H.R. 4350, supra; amendment SA 3867 submitted by Mr. REED to be proposed to the bill H.R. 4350, supra;
which was ordered to lie on the table. and intended to be proposed to the bill H.R. which was ordered to lie on the table.
SA 4196. Mr. MENENDEZ (for himself, Mrs. 4350, supra; which was ordered to lie on the f
FEINSTEIN, Mr. PADILLA, Mr. WARNOCK, Mrs. table.
GILLIBRAND, Mr. BOOKER, Mr. VAN HOLLEN, SA 4210. Mr. PADILLA submitted an TEXT OF AMENDMENTS
and Ms. WARREN) submitted an amendment amendment intended to be proposed to SA 4133. Mr. KAINE submitted an
intended to be proposed to amendment SA amendment SA 3867 submitted by Mr. REED
3867 submitted by Mr. REED and intended to and intended to be proposed to the bill H.R.
amendment intended to be proposed to
be proposed to the bill H.R. 4350, supra; 4350, supra; which was ordered to lie on the amendment SA 3867 submitted by Mr.
which was ordered to lie on the table. table. REED and intended to be proposed to
SA 4197. Mr. MENENDEZ (for himself, Mr. SA 4211. Mr. PADILLA submitted an the bill H.R. 4350, to authorize appro-
SCHUMER, Mr. BOOKER, Mrs. GILLIBRAND, Mr. amendment intended to be proposed to priations for fiscal year 2022 for mili-
BLUMENTHAL, and Mr. MURPHY) submitted an amendment SA 3867 submitted by Mr. REED tary activities of the Department of
ctelli on DSK11ZRN23PROD with SENATE
amendment intended to be proposed to and intended to be proposed to the bill H.R. Defense, for military construction, and
amendment SA 3867 submitted by Mr. REED 4350, supra; which was ordered to lie on the
for defense activities of the Depart-
and intended to be proposed to the bill H.R. table.
4350, supra; which was ordered to lie on the SA 4212. Mr. PADILLA submitted an ment of Energy, to prescribe military
table. amendment intended to be proposed to personnel strengths for such fiscal
SA 4198. Mr. MENENDEZ (for himself, Mr. amendment SA 3867 submitted by Mr. REED year, and for other purposes; which was
DURBIN, Mr. BOOKER, Mr. KENNEDY, and Mrs. and intended to be proposed to the bill H.R. ordered to lie on the table; as follows:
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S7608 CONGRESSIONAL RECORD — SENATE November 2, 2021
At the end of subtitle B of title XII, add personnel strengths for such fiscal ‘‘(II) subject to the same conditions and
the following: year, and for other purposes; which was limitations as amounts in such appropria-
SEC. 1224. REPEAL OF AUTHORIZATIONS FOR USE ordered to lie on the table; as follows: tion; and
OF MILITARY FORCE AGAINST IRAQ. ‘‘(III) available for payment of Program ex-
At the appropriate place, insert the fol-
(a) FINDINGS.—Congress makes the fol- penses described in clause (ii).
lowing:
lowing findings: ‘‘(ii) PROGRAM EXPENSES DESCRIBED.—The
SEC. 1283. CLARIFICATION OF REQUIREMENTS
(1) The Authorization for Use of Military FOR CONTRIBUTIONS BY PARTICI-
Program expenses described in this clause
Force Against Iraq Resolution (Public Law PANTS IN THE AMERICAN, BRITISH, include—
102–1; 105 Stat. 3; 50 U.S.C. 1541 note), enacted CANADIAN, AND AUSTRALIAN AR- ‘‘(I) payments to contractors and other
on January 14, 1991 (in this preamble ‘‘the MIES’ PROGRAM. suppliers, including the Department of De-
1991 AUMF’’), and the Authorization for Use Section 1274 of the National Defense Au- fense and participating countries acting as
of Military Force Against Iraq Resolution of thorization Act for Fiscal Year 2013 (10 suppliers, for necessary goods and services of
2002 (Public Law 107–243; 116 Stat. 1498; 50 U.S.C. 2350a note) is amended— the Program;
U.S.C. 1541 note), enacted on October 16, 2002 (1) by amending subsection (c) to read as ‘‘(II) payments for any damages or costs
(in this preamble ‘‘the 2002 AUMF’’), cur- follows: resulting from the performance or cancella-
rently remain valid law. ‘‘(c) CONTRIBUTIONS BY PARTICIPANTS.— tion of any contract or other obligation in
(2) Recent presidential administrations ‘‘(1) IN GENERAL.—An agreement under sub- support of the Program;
have maintained that the 2002 AUMF only section (a) shall provide that— ‘‘(III) payments or reimbursements for
serves to ‘‘reinforce’’ any legal authority to ‘‘(A) the United States, as the host country other Program expenses; or
combat ISIS provided by the Authorization for the Program, shall provide office facili- ‘‘(IV) refunds to other participating coun-
for Use of Military Force (Public Law 107–40; ties and related office equipment and sup- tries.’’; and
115 Stat. 224; 50 U.S.C. 1541), enacted Sep- plies for the Program; and (2) by striking subsection (g).
tember 18, 2001, and is not independently re- ‘‘(B) each participating country shall con-
tribute its equitable share of the remaining SA 4135. Mr. KAINE submitted an
quired to authorize any such activities.
(3) Repealing the 1991 AUMF and the 2002
costs for the Program, including— amendment intended to be proposed to
‘‘(i) the agreed upon share of administra- amendment SA 3867 submitted by Mr.
AUMF would therefore not affect ongoing
tive costs related to the Program, except the REED and intended to be proposed to
United States military operations.
costs for facilities and equipment and sup- the bill H.R. 4350, to authorize appro-
(4) Since 2014, United States military
plies described in subparagraph (A); and
forces have operated in Iraq at the request of priations for fiscal year 2022 for mili-
‘‘(ii) any amount allocated against the
the Government of Iraq for the sole purpose
country for monetary claims as a result of tary activities of the Department of
of supporting its efforts to combat ISIS, con- Defense, for military construction, and
participation in the Program, in accordance
sistent with the Strategic Framework Agree- for defense activities of the Depart-
with the agreement.
ment that Iraq and the United States signed ment of Energy, to prescribe military
‘‘(2) EQUITABLE CONTRIBUTIONS.—The con-
on November 17, 2008. tributions, as allocated under paragraph (1) personnel strengths for such fiscal
(5) During a press briefing on December 24, and set forth in an agreement under sub-
2020, Commander of the United States Cen- year, and for other purposes; which was
section (a), shall be considered equitable for ordered to lie on the table; as follows:
tral Command, General Frank McKenzie, re- purposes of this subsection and section 27(c)
iterated that United States forces are in Iraq At the end of subtitle B of title III, add the
of the Arms Export Control Act (22 U.S.C. following:
‘‘at their invitation’’. 2767(c)).
(6) Secretary of State Antony J. Blinken SEC. 318. DEPARTMENT OF DEFENSE
‘‘(3) AUTHORIZED CONTRIBUTION.—An agree- STORMWATER MANAGEMENT
and Prime Minister Mustafa Al-Kadhimi of ment under subsection (a) shall provide that PROJECTS FOR MILITARY INSTALLA-
Iraq discussed ‘‘the Iraqi government’s re- each participating country may provide its TIONS AND DEFENSE ACCESS
sponsibility and commitment to protect U.S. contribution in funds, in personal property, ROADS.
and Coalition personnel in Iraq at the gov- in services required for the Program, or any (a) IN GENERAL.—Subchapter I of chapter
ernment’s invitation to fight ISIS’’ in a Feb- combination thereof. 169 of title 10, United States Code, is amend-
ruary 16, 2021, phone call. ‘‘(4) FUNDING FOR UNITED STATES CONTRIBU- ed by inserting after section 2815 the fol-
(7) Secretary of Defense Lloyd J. Austin III TION.—Any monetary contribution by the lowing new section:
stated on February 19, 2021, that he ‘‘wel- United States to the Program that is pro- ‘‘§ 2815a. Stormwater management projects
comed that expanded NATO mission in Iraq vided in funds shall be made from funds for installation and defense access road re-
that responds to the desires and aspirations available to the Department of Defense for silience and waterway and ecosystems con-
of the Iraqi government’’. operation and maintenance. servation
(8) In a February 23, 2021, call with Prime ‘‘(5) CONTRIBUTIONS AND REIMBURSEMENTS ‘‘(a) PROJECTS AUTHORIZED.—The Secretary
Minister Mustafa Al-Kadhimi of Iraq, Presi- FROM OTHER PARTICIPATING COUNTRIES.— concerned may carry out a stormwater man-
dent Joseph R. Biden affirmed United States ‘‘(A) IN GENERAL.—The Secretary of De- agement project on or related to a military
support for Iraq’s ‘‘sovereignty and inde- fense may accept from any other partici- installation for the purpose of—
pendence’’. pating country a contribution or reimburse- ‘‘(1) improving military installation resil-
(9) Neither the 1991 AUMF nor the 2002 ment of funds, personal property, or services ience or the resilience of a defense access
AUMF are being used as the sole legal basis made by the participating country in fur- road or other essential civilian infrastruc-
for any detention of enemy combatants cur- therance of the Program. ture supporting the military installation;
rently held by the United States. ‘‘(B) CREDIT TO APPROPRIATIONS.—Any con- and
(10) Authorizations for the use of military tribution or reimbursement of funds received ‘‘(2) protecting nearby waterways and
force that are no longer necessary should by the United States from any other partici- stormwater-stressed ecosystems.
have a clear political and legal ending. pating country to meet that country’s share ‘‘(b) PROJECT METHODS AND FUNDING
(b) REPEAL OF AUTHORIZATION FOR USE OF of the costs of the Program shall be credited SOURCES.—A stormwater management
MILITARY FORCE AGAINST IRAQ RESOLUTION.— to the appropriations available to the appro- project may be carried out under this section
The Authorization for Use of Military Force priate military department, as determined as, or as part of, any of the following:
Against Iraq Resolution (Public Law 102–1; by the Secretary of Defense. ‘‘(1) An authorized military construction
105 Stat. 3; 50 U.S.C. 1541 note) is hereby re- ‘‘(C) TREATMENT OF PERSONAL PROPERTY.— project.
pealed. Any contribution or reimbursement of per- ‘‘(2) An unspecified minor military con-
(c) REPEAL OF AUTHORIZATION FOR USE OF sonal property received under this paragraph struction project under section 2805 of this
MILITARY FORCE AGAINST IRAQ RESOLUTION may be— title, including using appropriations avail-
OF 2002.—The Authorization for Use of Mili- ‘‘(i) retained and used by the Program in able for operation and maintenance subject
tary Force Against Iraq Resolution of 2002 the form in which it was contributed; to the limitation in subsection (c) of such
(Public Law 107–243; 116 Stat. 1498; 50 U.S.C. ‘‘(ii) sold or otherwise disposed of in ac- section.
1541 note) is hereby repealed. cordance with such terms, conditions, and ‘‘(3) A military installation resilience
procedures as the members of the Program project under section 2815 of this title, in-
SA 4134. Mr. KAINE submitted an consider appropriate, and any resulting pro- cluding using appropriations available for
amendment intended to be proposed to ceeds shall be credited to appropriations of operations and maintenance subject to the
amendment SA 3867 submitted by Mr. the appropriate military department, as de- limitation of subsection (e)(3) of such sec-
REED and intended to be proposed to scribed in subparagraph (B); or tion.
ctelli on DSK11ZRN23PROD with SENATE
the bill H.R. 4350, to authorize appro- ‘‘(iii) converted into a form usable by the ‘‘(4) A defense community infrastructure
Program. resilience project under section 2391(d) of
priations for fiscal year 2022 for mili-
‘‘(D) USE OF CREDITED FUNDS.— this title.
tary activities of the Department of ‘‘(i) IN GENERAL.—Amounts credited under ‘‘(5) A military construction project under
Defense, for military construction, and subparagraph (B) or (C)(ii) shall be— section 2914 of this title.
for defense activities of the Depart- ‘‘(I) merged with amounts in the appropria- ‘‘(6) A reserve component facility project
ment of Energy, to prescribe military tion concerned; under section 18233 of this title.
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7609
‘‘(7) A defense access road project under ‘‘2815a. Stormwater management projects for (e) DISTINGUISHED SERVICE CROSS TO ROB-
section 210 of title 23. installation and defense access ERT L. MABRY FOR ACTS OF VALOR IN SOMA-
‘‘(c) PROJECT PRIORITIES.—In selecting road resilience and waterway LIA.—
stormwater management projects to be car- and ecosystems conservation.’’. (1) WAIVER OF TIME LIMITATIONS.—Notwith-
ried out under this section, the Secretary standing the time limitations specified in
concerned shall give a priority to project SA 4136. Mrs. GILLIBRAND (for her- section 7274 of title 10, United States Code,
proposals involving the retrofitting of build- self and Mr. TILLIS) submitted an or any other time limitation with respect to
ings and grounds on a military installation the awarding of certain medals to persons
or retrofitting a defense access road to re-
amendment intended to be proposed to
who served in the Armed Forces, the Sec-
duce stormwater runoff. amendment SA 3867 submitted by Mr. retary of the Army may award the Distin-
‘‘(d) PROJECT ACTIVITIES.—Activities car- REED and intended to be proposed to guished Service Cross under section 7272 of
ried out as part of a stormwater manage- the bill H.R. 4350, to authorize appro- such title to Robert L. Mabry for the acts of
ment project under this section may include priations for fiscal year 2022 for mili- valor in Somalia described in paragraph (2).
the following: tary activities of the Department of (2) ACTS OF VALOR DESCRIBED.—The acts of
‘‘(1) The installation, expansion, or refur- Defense, for military construction, and valor referred to in paragraph (1) are the ac-
bishment of stormwater ponds and other tions of Robert L. Mabry on October 3 and 4,
for defense activities of the Depart-
water-slowing and retention measures. 1993, in Somalia for which he was previously
‘‘(2) The installation of permeable pave- ment of Energy, to prescribe military
awarded the Silver Star Medal.
ment in lieu of, or to replace existing, non- personnel strengths for such fiscal
permeable pavement. year, and for other purposes; which was SA 4137. Mrs. GILLIBRAND sub-
‘‘(3) The use of planters, tree boxes, cis- ordered to lie on the table; as follows: mitted an amendment intended to be
terns, and rain gardens to reduce stormwater At the end of subtitle G of title V, add the proposed to amendment SA 3867 sub-
runoff. following: mitted by Mr. REED and intended to be
‘‘(e) PROJECT COORDINATION.—In the case of SEC. 596. AUTHORIZATIONS FOR CERTAIN
a stormwater management project carried
proposed to the bill H.R. 4350, to au-
AWARDS.
out under this section on or related to a thorize appropriations for fiscal year
(a) SHORT TITLE.—This section may be 2022 for military activities of the De-
military installation and any project related cited as the ‘‘Memorializing Overwhelmingly
to the same installation carried out under partment of Defense, for military con-
Gallant Actions that Defended Individual
section 2391(d), 2815, or 2914 of this title, the Soldiers and Honored Units Act’’ or struction, and for defense activities of
Secretary concerned shall ensure coordina- ‘‘MOGADISHU Act’’. the Department of Energy, to prescribe
tion between the projects regarding the military personnel strengths for such
(b) DISTINGUISHED SERVICE CROSS TO EARL
water access, management, conservation, se- fiscal year, and for other purposes;
R. FILLMORE, JR. FOR ACTS OF VALOR IN SO-
curity, and resilience aspects of the projects.
‘‘(f) ANNUAL REPORT.—(1) Not later than 90
MALIA.— which was ordered to lie on the table;
(1) WAIVER OF TIME LIMITATIONS.—Notwith- as follows:
days after the end of each fiscal year, each
standing the time limitations specified in At the end of subtitle E of title V, add the
Secretary concerned shall submit to the con-
section 7274 of title 10, United States Code, following:
gressional defense committees a report de-
or any other time limitation with respect to SEC. 576. CLARIFICATION AND EXPANSION OF
scribing—
the awarding of certain medals to persons PROHIBITION ON GENDER-SEG-
‘‘(A) the status of planned and active
who served in the Armed Forces, the Sec- REGATED TRAINING IN THE MARINE
stormwater management projects carried
retary of the Army may award the Distin- CORPS.
out by that Secretary under this section; and
guished Service Cross under section 7272 of Section 565 of the National Defense Au-
‘‘(B) all projects completed by that Sec-
such title to Earl R. Fillmore, Jr. for the thorization Act for Fiscal Year 2020 (Public
retary during the previous fiscal year.
acts of valor in Somalia described in para- Law 116–92; 10 U.S.C. 8431 note prec.) is
‘‘(2) Each report submitted under para-
graph (2). amended—
graph (1) shall include, with respect to each
(2) ACTS OF VALOR DESCRIBED.—The acts of (1) in the heading, by inserting ‘‘AND OFFI-
stormwater management project described
valor referred to in paragraph (1) are the ac- CER CANDIDATES SCHOOL’’ after ‘‘DEPOTS’’;
in the report, the following information:
tions of Earl R. Fillmore, Jr. on October 3, (2) in subsection (a)(1)—
‘‘(A) The title, location, a brief description
1993, in Somalia for which he was previously (A) by striking ‘‘training’’ and inserting
of the scope of work, the original project
awarded the Silver Star Medal. ‘‘no training platoon’’ ; and
cost estimate, and the current working cost
(c) DISTINGUISHED SERVICE CROSS TO WIL- (B) by striking ‘‘not’’;
estimate.
LIAM F. THETFORD FOR ACTS OF VALOR IN SO- (3) in subsection (b)(1)—
‘‘(B) The rationale for how the project
MALIA.— (A) by striking ‘‘training’’ and inserting
will—
(1) WAIVER OF TIME LIMITATIONS.—Notwith- ‘‘no training platoon’’ ; and
‘‘(i) improve military installation resil-
standing the time limitations specified in (B) by striking ‘‘not’’; and
ience or the resilience of a defense access
section 7274 of title 10, United States Code, (4) by adding at the end the following new
road or other essential civilian infrastruc-
or any other time limitation with respect to subsections:
ture supporting a military installation; and ‘‘(c) NEW LOCATION.—No training platoon
‘‘(ii) protect waterways and stormwater- the awarding of certain medals to persons
who served in the Armed Forces, the Sec- at a Marine Corps recruit depot established
stressed ecosystems. after the date of the enactment of this Act
‘‘(C) Such other information as the Sec- retary of the Army may award the Distin-
guished Service Cross under section 7272 of may be segregated based on gender.
retary concerned considers appropriate. ‘‘(d) OFFICER CANDIDATES SCHOOL.—
‘‘(g) DEFINITIONS.—In this section: such title to William F. Thetford for the acts
of valor in Somalia described in paragraph ‘‘(1) PROHIBITION.—Subject to paragraph
‘‘(1) The term ‘defense access road’ means (2), training at Officer Candidates School,
a road certified to the Secretary of Transpor- (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of Quantico, Virginia, may not be segregated
tation as important to the national defense based on gender.
under section 210 of title 23. valor referred to in paragraph (1) are the ac-
tions of William F. Thetford on October 3 ‘‘(2) DEADLINE.—The Commandant of the
‘‘(2) The terms ‘facility’ and ‘State’ have Marine Corps shall carry out this subsection
the meanings given those terms in section and 4, 1993, in Somalia for which he was pre-
viously awarded the Silver Star Medal. not later than five years after the date of the
18232 of this title. enactment of this Act.’’.
‘‘(3) The term ‘military installation’ in- (d) DISTINGUISHED SERVICE CROSS TO JOHN
cludes a facility of a reserve component of G. MACEJUNAS FOR ACTS OF VALOR IN SOMA- SA 4138. Mrs. GILLIBRAND sub-
an armed force owned by a State rather than LIA.—
(1) WAIVER OF TIME LIMITATIONS.—Notwith-
mitted an amendment intended to be
the United States.
standing the time limitations specified in proposed to amendment SA 3867 sub-
‘‘(4) The term ‘Secretary concerned’
means— section 7274 of title 10, United States Code, mitted by Mr. REED and intended to be
‘‘(A) the Secretary of a military depart- or any other time limitation with respect to proposed to the bill H.R. 4350, to au-
ment with respect to military installations the awarding of certain medals to persons thorize appropriations for fiscal year
under the jurisdiction of that Secretary; and who served in the Armed Forces, the Sec- 2022 for military activities of the De-
‘‘(B) the Secretary of Defense with respect retary of the Army may award the Distin- partment of Defense, for military con-
to matters concerning the Defense Agencies guished Service Cross under section 7272 of struction, and for defense activities of
and facilities of a reserve component owned such title to John G. Macejunas for the acts the Department of Energy, to prescribe
ctelli on DSK11ZRN23PROD with SENATE
by a State rather than the United States.’’. of valor in Somalia described in paragraph
(2).
military personnel strengths for such
(b) CLERICAL AMENDMENT.—The table of
sections at the beginning of subchapter I of (2) ACTS OF VALOR DESCRIBED.—The acts of fiscal year, and for other purposes;
such title is amended by inserting after the valor referred to in paragraph (1) are the ac- which was ordered to lie on the table;
item relating to section 2815 the following tions of John G. Macejunas on October 3 and as follows:
new item: 4, 1993, in Somalia for which he was pre- At the appropriate place in title V, insert
viously awarded the Silver Star Medal. the following:
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S7610 CONGRESSIONAL RECORD — SENATE November 2, 2021
SEC. ll. AUTHORITY OF MILITARY JUDGES AND ‘‘(e) TIMING AND MANNER OF ISSUANCE.—A any proceeding involving the protective
MILITARY MAGISTRATES TO ISSUE military court protective order may be order:
MILITARY COURT PROTECTIVE OR- issued— ‘‘(1) The right to reasonable, accurate, and
DERS.
‘‘(1) by a military magistrate, before refer- timely notice of the proceeding and of any
(a) JUDGE-ISSUED MILITARY COURT PROTEC- ral of charges and specifications to court- change in the status of the protective order
TIVE ORDERS.— martial for trial, at the request of— resulting from the proceeding.
(1) IN GENERAL.—Chapter 80 of title 10, ‘‘(A) a victim of an alleged covered offense; ‘‘(2) The right to be reasonably heard at
United States Code, is amended by adding at or the proceeding.
the end the following new section: ‘‘(B) a Special Victims’ Counsel or other ‘‘(3) The right to appear in person, with or
‘‘§ 1567b. Authority of military judges and qualified counsel acting on behalf of the vic- without counsel, at the proceeding.
military magistrates to issue military court tim; or ‘‘(4) The right be represented by qualified
protective orders ‘‘(2) by a military judge, after referral of counsel in connection with the proceeding,
‘‘(a) AUTHORITY TO ISSUE MILITARY COURT charges and specifications to court-martial which may include a Special Victims’ Coun-
PROTECTIVE ORDERS.—The President shall for trial, at the request of qualified counsel, sel.
prescribe regulations authorizing military which may include a Special Victims’ Coun- ‘‘(5) The reasonable right to confer with a
judges and military magistrates to issue pro- sel acting on behalf of the victim or trial representative of the command of the ac-
tective orders in accordance with this sec- counsel acting on behalf of the prosecution. cused and counsel representing the govern-
‘‘(f) DURATION AND RENEWAL OF PROTECTIVE ment at the proceeding, as applicable.
tion. A protective order issued in accordance
ORDER.— ‘‘(6) The right to submit a written state-
with this section shall be known as a ‘mili-
‘‘(1) DURATION.—A military court protec- ment, directly or through counsel, for con-
tary court protective order’. Under the regu-
tive order shall be issued for an initial period sideration by the military judge or military
lations prescribed by the President, military
of up to 180 days and may be reissued for one magistrate presiding over the proceeding.
judges and military magistrates shall have
or more additional periods, each of which ‘‘(j) RESTRICTIONS ON ACCESS TO FIRE-
exclusive jurisdiction over the issuance, ap-
may be up to 180 days, in accordance with ARMS.—
peal, renewal, and termination of military
paragraph (2). ‘‘(1) IN GENERAL.—Notwithstanding any
court protective orders and such orders may
‘‘(2) EXPIRATION AND RENEWAL.—Before the other provision of law—
not be issued, appealed, renewed, or termi-
expiration of any period during which a mili- ‘‘(A) a military court protective order
nated by State, local, territorial, or tribal
tary court protective order is in effect, a issued on an ex parte basis shall restrain a
courts.
military judge or military magistrate shall person from possessing, receiving, or other-
‘‘(b) ENFORCEMENT BY CIVILIAN AUTHORI-
review the order to determine whether the wise accessing a firearm; and
TIES.—
order will terminate at the expiration of ‘‘(B) a military court protective order
‘‘(1) IN GENERAL.—In prescribing regula-
such period or be reissued for an additional issued after the person to be subject to the
tions for military court protective orders,
period of up to 180 days. order has received notice and opportunity to
the President shall seek to ensure that the
‘‘(3) NOTICE TO PROTECTED PERSONS.—If a be heard on the order, shall restrain such
protective orders are issued in a form and
military judge or military magistrate deter- person from possessing, receiving, or other-
manner that is enforceable by State, local,
mines under paragraph (2) that a military wise accessing a firearm in accordance with
territorial, and tribal civilian law enforce-
court protective order will terminate, the section 922 of title 18.
ment authorities.
judge or magistrate concerned shall direct ‘‘(2) NOTICE TO ATTORNEYS GENERAL.—
‘‘(2) FULL FAITH AND CREDIT.—Any military
that each person protected by the order be ‘‘(A) NOTICE OF ISSUANCE.—Not later than
court protective order shall be accorded full
provided with reasonable, timely, and accu- 72 hours after the issuance of an order de-
faith and credit by the court of a State,
rate notification of the termination. scribed in paragraph (1), the Secretary con-
local, territorial, or tribal jurisdiction (the ‘‘(g) REVIEW OF MAGISTRATE-ISSUED OR-
enforcing jurisdiction) and enforced by the cerned shall submit a record of the order—
DERS.—
court and law enforcement personnel of that ‘‘(i) to the Attorney General of the United
‘‘(1) REVIEW.—A military judge, at the re-
jurisdiction as if it were the order of the en- States; and
quest of the person subject to a military
forcing jurisdiction. ‘‘(ii) to the Attorney General of the State
court protective order that was issued by a
‘‘(3) RECIPROCITY AGREEMENTS.—Consistent or Territory in which the order is issued
military magistrate, may review the order to
with paragraphs (1) and (2), the Secretary of ‘‘(B) NOTICE OF RECISSION OR EXPIRATION.—
determine if the order was properly issued by
Defense shall seek to enter into reciprocity Not later than 72 hours after the recission or
the magistrate.
agreements with State, local, territorial, and expiration of an order described in paragraph
‘‘(2) STANDARDS OF REVIEW.—A military
tribal civilian law enforcement authorities (1), the Secretary concerned shall submit no-
judge who reviews an order under paragraph
under which— tice of such recission or expiration to the At-
(1) shall terminate the order if the judge de-
‘‘(A) such authorities agree to enforce mili- torneys General specified in subparagraph
termines that—
tary court protective orders; and (A).
‘‘(A) the military magistrate’s decision to
‘‘(B) the Secretary agrees to enforce pro- issue the order was an abuse of discretion, ‘‘(k) TREATMENT AS LAWFUL ORDER.—A
tective orders issued by such authorities and there is not sufficient information pre- military court protective order shall be
that are consistent with section 2265(b) of sented to the military judge to justify the treated as a lawful order for purposes of the
title 18. order; or application of section 892 (article 92) and a
‘‘(c) PURPOSE AND FORM OF ISSUANCE.—A ‘‘(B) information not presented to the mili- violation of such an order shall be punish-
military court protective order— tary magistrate establishes that the mili- able under such section (article).
‘‘(1) may be issued for the purpose of pro- tary court protective order should be termi- ‘‘(l) COMMAND MATTERS.—
tecting a victim of an alleged covered of- nated. ‘‘(1) INCLUSION IN PERSONNEL FILE.—Any
fense, or a family member or associate of the ‘‘(h) DUE PROCESS.— military court protective order against a
victim, from a person subject to chapter 47 of ‘‘(1) PROTECTION OF DUE PROCESS.—Except member shall be placed and retained in the
this title (the Uniform Code of Military Jus- as provided in paragraph (2), a protective military personnel file of the member, ex-
tice) who is alleged to have committed such order authorized under subsection (a) may be cept that such protective order shall be re-
an offense; and issued only after reasonable notice and op- moved from the military personnel file of
‘‘(2) shall include— portunity to be heard and to present evi- the member if the member is acquitted of
‘‘(A) a finding regarding whether such per- dence, directly or through counsel, is given the offense to which the order pertains, it is
son represents a credible threat to the phys- to the person against whom the order is determined that the member did not commit
ical safety of such alleged victim; sought sufficient to protect that person’s the act giving rise to the protective order, or
‘‘(B) a finding regarding whether the al- right to due process. it is determined that the protective order
leged victim is an intimate partner or child ‘‘(2) EMERGENCY ORDERS.—A protective was issued in error.
of such person; and order on an emergency basis may be issued ‘‘(2) NOTICE TO CIVILIAN LAW ENFORCEMENT
‘‘(C) if applicable, terms explicitly prohib- on an ex parte basis under such rules and OF ISSUANCE.—Any military court protective
iting the use, attempted use, or threatened limitations as the President shall prescribe. order against a member shall be treated as a
use of physical force that would reasonably In the case of ex parte orders, notice and op- military protective order for purposes of sec-
be expected to cause bodily injury against portunity to be heard and to present evi- tion 1567a including for purposes of manda-
such intimate partner or child. dence must be provided within a reasonable tory notification of issuance to Federal and
‘‘(d) BURDEN OF PROOF.—In determining time not to exceed 30 calendar days after the State civilian law enforcement agencies as
whether to issue a military court protective date on which the order is issued, sufficient required by that section.
ctelli on DSK11ZRN23PROD with SENATE
order, a military judge or military mag- to protect the respondent’s due process ‘‘(m) RELATIONSHIP TO OTHER AUTHORI-
istrate shall make all relevant findings by a rights. TIES.—Nothing in this section may be con-
preponderance of the evidence. The burden ‘‘(i) RIGHTS OF VICTIM.—The victim of an strued as prohibiting—
shall be on the party requesting the order to alleged covered offense who seeks a military ‘‘(1) a commanding officer from issuing or
produce sufficient information to satisfy the court protective order has, in addition to enforcing any otherwise lawful order in the
preponderance of the evidence standard re- any rights provided under section 806b (arti- nature of a protective order to or against
ferred to in the preceding sentence. cle 6b), the following rights with respect to members of the officer’s command;
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7611
‘‘(2) pretrial restraint in accordance with that would reasonably be expected to cause implement the plan required by subsection
Rule for Courts-Martial 304 (as set forth in bodily injury; (a); and
the Manual for Courts-Martial, 2019 edition, ‘‘(ii) the initiation by the person restrained (2) not later than 120 days after the date on
or any successor rule); or of any contact or communication with such which the report required by paragraph (1) is
‘‘(3) pretrial confinement in accordance other person; submitted, implement the plan required by
with Rule for Courts-Martial 305 (as set forth ‘‘(iii) any other behavior by the person re- subsection (a), including by procuring can-
in the Manual for Courts-Martial, 2019 edi- strained that the court deems necessary to non tubes from a source identified in the
tion, or any successor rule). provide for the safety and welfare of the vic- plan under subsection (b)(1).
‘‘(n) DELIVERY TO CERTAIN PERSONS.—A tim of an alleged covered offense, or a family
physical and electronic copy of any military member or associate of the victim; or SA 4140. Mr. HAWLEY (for himself,
court protective order shall be provided, as ‘‘(iv) actions described by any of clauses (i) Mr. COTTON, Mr. CRUZ, Mr. MARSHALL,
soon as practicable after issuance, to the fol- through (iii). Mr. WICKER, and Mrs. HYDE-SMITH) sub-
lowing: ‘‘(6) SPECIAL VICTIMS’ COUNSEL.—The term mitted an amendment intended to be
‘‘(1) The person or persons protected by the ‘Special Victims Counsel’ means a Special proposed to amendment SA 3867 sub-
protective order or to the guardian of such a Victims’ Counsel described in section 1044e mitted by Mr. REED and intended to be
person if such person is under the age of 18 and includes a Victims’ Legal Counsel of the
Navy.’’.
proposed to the bill H.R. 4350, to au-
years.
‘‘(2) The person subject to the protective (2) CLERICAL AMENDMENT.—The table of thorize appropriations for fiscal year
order. sections at the beginning of such chapter is 2022 for military activities of the De-
‘‘(3) To such commanding officer in the amended by adding at the end the following partment of Defense, for military con-
chain of command of the person subject to new item: struction, and for defense activities of
the protective order as the President shall ‘‘1567b. Authority of military judges and the Department of Energy, to prescribe
prescribe for purposes of this section. military magistrates to issue military personnel strengths for such
‘‘(o) DEFINITIONS.—In this section: military court protective or- fiscal year, and for other purposes;
‘‘(1) CONTACT.—The term ‘contact’ includes ders.’’. which was ordered to lie on the table;
contact in person or through a third party, (3) IMPLEMENTATION.—The President shall as follows:
or through gifts, prescribe regulations implementing section
Strike section 511.
‘‘(2) COMMUNICATION.—The term ‘commu- 1567b of title 10, United States Code (as added
nication’ includes communication in person by paragraph (1)), by not later than one year SA 4141. Mr. TOOMEY (for himself
or through a third party, and by telephone or after the date of the enactment of this Act.
(b) DOMESTIC VIOLENCE TRAINING.—The and Mr. CASEY) submitted an amend-
in writing by letter, data fax, or other elec-
tronic means. Secretary of Defense shall prescribe regula- ment intended to be proposed to
‘‘(3) COVERED OFFENSE.—The term ‘covered tions requiring annual domestic violence amendment SA 3867 submitted by Mr.
offense’ means the following: training for military judges and military REED and intended to be proposed to
‘‘(A) An alleged offense under section 920, magistrates, including for purposes of car- the bill H.R. 4350, to authorize appro-
920a, 920b, 920c, or 920d of this title (article rying out section 1567b of title 10, United priations for fiscal year 2022 for mili-
120, 120a, 120b, 120c, or 120d of the Uniform States Code (as added by paragraph (1)). tary activities of the Department of
Code of Military Justice). (c) NO AUTHORIZATION OF ADDITIONAL PER-
SONNEL OR RESOURCES.—This section and sec-
Defense, for military construction, and
‘‘(B) An alleged offense of stalking under for defense activities of the Depart-
section 930 of this title (article 130 of the tion 1567 of title 10, United States Code, as
added by subsection (a), shall not be con- ment of Energy, to prescribe military
Uniform Code of Military Justice).
‘‘(C) An alleged offense of domestic vio- strued as authorizations for personnel, per- personnel strengths for such fiscal
lence under section 928b of this title (article sonnel billets, or funds for the discharge of year, and for other purposes; which was
128b of the Uniform Code of Military Jus- the requirements in such sections. ordered to lie on the table; as follows:
tice). At the appropriate place in title II, insert
‘‘(D) A conspiracy to commit an offense
SA 4139. Mr. TOOMEY (for himself the following:
specified in subparagraphs (A) through (C) as and Mr. CASEY) submitted an amend- SEC. lll. SENSE OF CONGRESS ON THE ADDI-
punishable under section 881 of this title (ar- ment intended to be proposed to TIVE MANUFACTURING AND MA-
ticle 81 of the Uniform Code of Military Jus- amendment SA 3867 submitted by Mr. CHINE LEARNING INITIATIVE OF
THE ARMY.
tice). REED and intended to be proposed to
‘‘(E) A solicitation to commit an offense It is the sense of Congress that—
the bill H.R. 4350, to authorize appro-
specified in subparagraphs (A) through (C) as (1) the additive manufacturing and ma-
priations for fiscal year 2022 for mili- chine learning initiative of the Army has the
punishable under section 882 of this title (ar- tary activities of the Department of
ticle 82 of the Uniform Code of Military Jus- potential to accelerate the ability to deploy
tice).
Defense, for military construction, and additive manufacturing capabilities in expe-
‘‘(F) An attempt to commit an offense for defense activities of the Depart- ditionary settings and strengthen the United
specified in subparagraphs (A) through (C) as ment of Energy, to prescribe military States defense industrial supply chain; and
punishable under section 880 of this title (ar- personnel strengths for such fiscal (2) Congress and the Department of De-
ticle 80 of the Uniform Code of Military Jus- year, and for other purposes; which was fense should continue to support the additive
tice). manufacturing and machine learning initia-
ordered to lie on the table; as follows:
‘‘(4) MILITARY JUDGE AND MILITARY MAG- tive of the Army.
At the end of subtitle B of title I, add the
ISTRATE.—The terms ‘military judge’ and following:
‘military magistrate’ mean a commissioned
SA 4142. Mr. TUBERVILLE sub-
SEC. 125. PLAN AND IMPLEMENTATION OF PLAN mitted an amendment intended to be
officer of the armed forces who is a member FOR ENSURING SOURCES OF CAN-
of the bar of a Federal court or a member of NON TUBES. proposed to amendment SA 3867 sub-
the bar of the highest court of a State and (a) IN GENERAL.—The Secretary of the mitted by Mr. REED and intended to be
who is certified to be qualified, by reason of Army shall develop and implement an in- proposed to the bill H.R. 4350, to au-
education, training, experience, and judicial vestment and sustainment plan to ensure the thorize appropriations for fiscal year
temperament, for duty as a military judge or sourcing of cannon tubes for the purpose of 2022 for military activities of the De-
magistrate by the Judge Advocate General of mitigating risk to the Army and the indus- partment of Defense, for military con-
the armed force of which the officer is a trial base.
member.
struction, and for defense activities of
(b) ELEMENTS.—The plan required by sub-
‘‘(5) PROTECTIVE ORDER.—The term ‘protec- section (a) shall include the following: the Department of Energy, to prescribe
tive order’ means an order that— (1) An identification of qualified and capa- military personnel strengths for such
‘‘(A) restrains a person from harassing, ble sources from which the Army may pro- fiscal year, and for other purposes;
stalking, threatening, or otherwise con- cure cannon tubes (not including sources which was ordered to lie on the table;
tacting or communicating with a victim of from which the Army procures cannon tubes as follows:
an alleged covered offense, or a family mem- as of the date of the enactment of this Act). At the end of subtitle E of title XXXI, add
ber or associate of the victim, or engaging in (2) A determination of the feasibility, ad- the following:
other conduct that would place such other visability, and affordability of procuring SEC. 3157. PRESERVATION AND STORAGE OF
ctelli on DSK11ZRN23PROD with SENATE
person in reasonable fear of bodily injury to cannon tubes from the sources identified URANIUM-233 TO FOSTER DEVELOP-
any such other person; under paragraph (1) on a sustainable basis. MENT OF THORIUM MOLTEN-SALT
‘‘(B) by its terms, explicitly prohibits— (c) REPORT; IMPLEMENTATION.—The Sec- REACTORS.
‘‘(i) the use, attempted use, or threatened retary of the Army shall— (a) FINDINGS.—Congress makes the fol-
use of physical force by the person against a (1) not later than 60 days after the date of lowing findings:
victim of an alleged covered offense, or a the enactment of this Act, submit to Con- (1) Thorium molten-salt reactor tech-
family member or associate of the victim, gress a report describing how the Army will nology was originally developed in the
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S7612 CONGRESSIONAL RECORD — SENATE November 2, 2021
United States, primarily at the Oak Ridge (1) Details of the separated U-233 inventory (B) An evaluation of potential excess de-
National Laboratory in the State of Ten- that is most feasible for immediate or near- fense articles scheduled for decommissioning
nessee. term transfer. that could be transferred under the Excess
(2) Before the cancellation of the program (2) The costs of constructing or modifying Defense Articles program of the Defense Se-
in 1976, the technology developed at the Oak a suitable category I facility for the secure, curity Cooperation Agency to allies and
Ridge National Laboratory was moving permanent storage of the U–233 inventory. partners in the Indo-Pacific region, includ-
steadily toward efficient utilization of the (3) A pathway for National Asset Material ing Taiwan with respect to its asymmetric
natural thorium energy resource, which ex- designation. capability development.
ists in substantial amounts in many parts of (4) A description of the scope for such a fa-
the United States and around the world. cility that would enable secure access to the SA 4144. Mr. TUBERVILLE sub-
(3) The People’s Republic of China is nuclear material for research and develop- mitted an amendment intended to be
known to be pursuing the development of ment of thorium fuel cycle reactors, for de- proposed to amendment SA 3867 sub-
molten salt reactor technology based on a fense and civilian applications, as well as for mitted by Mr. REED and intended to be
thorium fuel cycle. medical isotope extraction and processing,
proposed to the bill H.R. 4350, to au-
(4) Thorium itself is not fissile, but fertile, including by developing such a facility
through public-private partnerships. thorize appropriations for fiscal year
and requires a fissile material to begin a nu-
clear chain reaction. (5) An assessment of whether the Secretary 2022 for military activities of the De-
(5) Uranium-233, derived from neutron ab- should transfer the ownership of U–233 from partment of Defense, for military con-
sorption by natural thorium, is the ideal the Office of Environmental Management to struction, and for defense activities of
candidate for the fissile component of a tho- the Office of Nuclear Energy. the Department of Energy, to prescribe
rium reactor, and is the only fissile material (6) An assessment of the ability of the De- military personnel strengths for such
candidate that can minimize the production partment of Energy to transfer the inven- fiscal year, and for other purposes;
of long-lived transuranic elements, which tory of U–233 that the Secretary determines
which was ordered to lie on the table;
have proven a great challenge to the geo- is most feasible for immediate or near-term
transfer to the Y–12 National Security Com- as follows:
logic disposal of existing spent nuclear fuel.
plex, Oak Ridge, Tennessee, for secure in- At the appropriate place in title II, insert
(6) Geologic disposal of spent nuclear fuel
terim storage. the following:
from conventional nuclear reactors con-
(7) The feasibility of the National Nuclear SEC. lll. MILITARY STANDARDS FOR STEEL
tinues to pose severe political and technical ARMOR IN ARMORED VEHICLES.
challenges, and costs the United States tax- Security Administration providing for the
secure storage of the inventory of U–233 (a) STANDARDS REQUIRED.—Not later than
payer more than $500,000,000 annually in March 31, 2022, the Secretary of the Army
court-mandated awards to utilities. within the Y–12 National Security Complex
or another suitable location within the nu- shall establish military standards for all
(7) The United States possesses the largest steel armor, including all associated class
inventory of uranium-233 in the world, aggre- clear security enterprise (as defined in sec-
tion 4002 of the Atomic Energy Defense Act levels, for incorporation into specifications
gated at the Oak Ridge National Laboratory. for current and future armored vehicles de-
(b) SENSE OF CONGRESS.—It is the sense of (50 U.S.C. 2501)).
(f) NO FUNDING AUTHORIZED.—The amount veloped and procured by the Armed Forces
Congress that— and the Department of State.
authorized to be appropriated by section 3102
(1) it is in the best economic and national and available as specified in the funding (b) REQUIREMENTS.—The standards estab-
security interests of the United States to re- table in section 4701 for the U233 Disposition lished under subsection (a) shall incorporate
sume development of highly efficient tho- Program is hereby reduced by $55,000,000. the following standards:
rium molten-salt reactors that can minimize (1) MIL-DTL-46100E.
transuranic waste production, in consider- SA 4143. Mr. TUBERVILLE sub- (2) MIL-DTL-12560K.
ation of the pursuit by the People’s Republic mitted an amendment intended to be (3) MIL-DTL-32332A.
of China of thorium molten-salt reactors and proposed to amendment SA 3867 sub- (4) MIL-DTL-46186A.
associated cooperative research agreements (c) REPORT REQUIRED.—Not later than June
with United States national laboratories;
mitted by Mr. REED and intended to be 30, 2022, the Secretary of the Army shall sub-
(2) that the development of highly efficient proposed to the bill H.R. 4350, to au- mit to the congressional defense committees
thorium molten-salt reactors is consistent thorize appropriations for fiscal year a report that describes—
with section 1261 of the John S. McCain Na- 2022 for military activities of the De- (1) the establishment of the standards re-
tional Defense Authorization Act for Fiscal partment of Defense, for military con- quired by subsection (a); and
Year 2019 (Public Law 115–232; 132 Stat. 2060), struction, and for defense activities of (2) a strategy for incorporation of such
which declared long-term strategic competi- the Department of Energy, to prescribe standards into armored vehicle specifica-
tion with the People’s Republic of China as military personnel strengths for such tions to replace all company specific branded
‘‘a principal priority for the United States’’; fiscal year, and for other purposes; material.
and (d) ARMORED VEHICLE DEFINED.—For pur-
which was ordered to lie on the table; poses of this section, the term ‘‘ armored ve-
(3) to resume such development, it is nec-
essary to preserve as much of the uranium-
as follows: hicle’’ means a tracked or wheeled vehicle
233 remaining at Oak Ridge National Labora- At the end of subtitle E of title XII, add incorporating steel armor in its manufac-
tory as possible. the following: ture.
SEC. 1253. PLAN TO PRIORITIZE TRANSFERS OF
(c) PRESERVATION AND STORAGE OF URA-
NIUM-233.—
EXCESS DEFENSE ARTICLES TO AL- SA 4145. Mr. TUBERVILLE (for him-
LIES AND PARTNERS IN THE INDO- self and Mr. MURPHY) submitted an
(1) IN GENERAL.—The Secretary of Energy PACIFIC REGION.
shall seek every opportunity to preserve sep- (a) SENSE OF CONGRESS.—It is the sense of
amendment intended to be proposed to
arated uranium-233, with the goal of fos- Congress that the United States Government amendment SA 3867 submitted by Mr.
tering development of thorium molten-salt should— REED and intended to be proposed to
reactors by United States industry. (1) prioritize the review of excess defense the bill H.R. 4350, to authorize appro-
(2) DOWNBLENDING AND DISPOSAL OF CERTAIN article transfers to allies and partners in the priations for fiscal year 2022 for mili-
URANIUM.—The Secretary may provide for Indo-Pacific region; tary activities of the Department of
the downblending and disposal of uranium- (2) coordinate and align excess defense ar- Defense, for military construction, and
233 determined by industry experts not to be ticle transfers with capacity-building efforts
valuable for research and development of for defense activities of the Depart-
of such allies and partners; and
thorium molten-salt reactors or technology ment of Energy, to prescribe military
(3) assist Taiwan to develop asymmetric
implementation. capability through excess defense article personnel strengths for such fiscal
(d) INTERAGENCY COOPERATION.—The Sec- transfers pursuant to section 516(c)(2) of the year, and for other purposes; which was
retary of Energy, the Secretary of the Army Foreign Assistance Act of 1961 (22 U.S.C. ordered to lie on the table; as follows:
(including the head of the Army Reactor Of- 2321j(c)(2)). At the end of subtitle B of title VIII, add
fice), the Secretary of Transportation, the (b) PLAN REQUIRED.— the following:
Tennessee Valley Authority, and other rel- (1) IN GENERAL.—Not later than February SEC. 821. INDEMNIFICATION OF CONTRACTORS
evant agencies shall— 15, 2022, and annually thereafter, the Sec- FOR UNUSUALLY HAZARDOUS RISKS.
(1) work together to expedite transfers of retary of Defense, in coordination with the Section 2354 of title 10, United States Code,
uranium-233 under subsection (c); and Secretary of State, shall submit to the con- is amended—
ctelli on DSK11ZRN23PROD with SENATE
(2) seek the assistance of appropriate in- gressional defense committees a report on (1) in subsection (a)—
dustrial entities. future-year activities and resources for the (A) in the matter preceding paragraph (1)—
(e) REPORT REQUIRED.—Not later than 180 purposes described in subsection (a). (i) by inserting ‘‘the Secretary of Defense
days after the date of the enactment of this (2) ELEMENTS.—The plan required by para- or’’ after ‘‘approval of’’;
Act, the Secretary of Energy shall submit to graph (1) shall include the following: (ii) by striking ‘‘for research or develop-
the congressional defense committees a re- (A) A summary of progress made towards ment, or both, may’’ and inserting ‘‘or De-
port that includes the following: achieving such purposes. fense Agency shall’’; and
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7613
(iii) by striking ‘‘either or both of’’; and At the end of subtitle C of title XIV, insert other purposes; which was ordered to
(B) in paragraphs (1) and (2), by striking the following: lie on the table; as follows:
‘‘that the contract defines’’ and inserting SEC. 1424. COMPTROLLER GENERAL ASSESS- At the appropriate place, insert the fol-
‘‘that subsection (b) or the contract defines’’; MENT OF DOMESTIC TITANIUM ORE lowing:
(2) by redesignating subsections (b), (c), MINING AND DOMESTIC PRODUC-
TION OF TITANIUM METAL. SEC. ll. NATIONAL COMMISSION ON THE
and (d) as subsections (c), (f), and (g), respec- COVID–19 PANDEMIC.
tively; (a) IN GENERAL.—Not later than June 1, (a) SHORT TITLE; SENSE OF CONGRESS.—
(3) by inserting after subsection (a) the fol- 2022, the Comptroller General of the United (1) SHORT TITLE.—This section may be
lowing new subsection (b): States shall submit to the congressional de- cited as the ‘‘National Commission on the
‘‘(b) For purposes of subsection (a), risk of fense committees an assessment of— COVID–19 Pandemic Act’’.
burning, explosion, detonation, flight or sur- (1) the current state of United States do- (2) SENSE OF CONGRESS.—It is the sense of
face impact, or toxic or hazardous material mestic titanium ore mining and domestic Congress that—
release, associated with the following shall production of titanium metal; and (A) the SARS–CoV–2 (COVID–19) pandemic
be considered unusually hazardous: (2) its implications for the supply chains of has caused immense suffering in the United
‘‘(1) Any hypersonic weapon system, in- the Department of Defense. States, having resulted in more than 736,000
cluding boost glide vehicles and air-breath- (b) ELEMENTS.—The assessment required American deaths as of October 2021, and in-
ing propulsion systems. by subsection (a) shall include— fecting at least 45,000,000;
‘‘(2) Rocket propulsions systems, including (1) a comparison of how much titanium (B) following other destructive and trau-
rockets, missiles, launch vehicles, rocket en- metal is required annually by the Depart- matic events in our history, including the
gines or motors, or hypersonic weapons sys- ment of Defense and how much titanium ore September 11, 2001, terrorist attacks, Con-
tems using a solid or liquid high-energy pro- and titanium metal is available from the gress has established a bipartisan commis-
pellant, including any warhead in excess of United States domestic supply chains; sion of experts to study the event and
1000 pounds of the chemical equivalent of (2) an assessment of the reliability of tita- produce a report and recommendations, and
TNT. nium producers outside the United States such an exercise can assist in national heal-
‘‘(3) Introduction, fielding, or incor- during national defense emergency sce- ing;
porating any item containing high-energy narios; and (C) the extent of the loss of life and the
propellants, including any warhead in excess (3) any other matters the Comptroller Gen- economic cost of the pandemic demonstrate
of 1000 pounds of the chemical equivalent of eral considers appropriate to include. the high risks that pandemic diseases can
TNT introduced, fielded, or incorporated into pose to public health and to national secu-
any ship, vessel, submarine, aircraft, or SA 4147. Mr. LANKFORD (for him- rity, and demands a thorough, authoritative,
spacecraft. self, Ms. SINEMA, Mr. LEE, Mr. ROMNEY, and independent review of the origin of
‘‘(4) A classified program for which insur- Mr. CORNYN, and Mr. BRAUN) submitted SARS–CoV–2 as well as United States ac-
ance is not available as a result of the prohi- an amendment intended to be proposed tions and policies before and during the pan-
bition on disclosure of classified information demic, and recommendations to Congress
to commercial insurance providers.’’;
to amendment SA 3867 submitted by
and policymakers as to how we can be better
(4) by inserting after subsection (c), as re- Mr. REED and intended to be proposed prepared for future pandemic diseases, in-
designated by paragraph (2), the following to the bill H.R. 4350, to authorize ap- cluding those that could be caused by inten-
new subsections (d) and (e): propriations for fiscal year 2022 for tional biological attacks;
‘‘(d) For each contract made under sub- military activities of the Department (D) individuals appointed to the Commis-
section (a) that provides for indemnification, of Defense, for military construction, sion established in subsection (b) should be
the Secretary that approved the contract prominent citizens of the United States with
and for defense activities of the De-
shall determine the maximum probable loss national recognition and significant experi-
for claims under paragraph (1) of that sub- partment of Energy, to prescribe mili-
ence and expertise in—
section or losses or damage under paragraph tary personnel strengths for such fiscal (i) public health and biosafety;
(2) of that subsection, as applicable. year, and for other purposes; which was (ii) epidemiology;
‘‘(e)(1) A contractor that is a party to a ordered to lie on the table; as follows: (iii) medicine;
contract made under subsection (a) that pro- At the end of subtitle E of title V, add the (iv) emergency management or response;
vides for indemnification shall obtain liabil- (v) public administration;
following:
ity insurance to compensate for claims under (vi) logistics;
SEC. 576. LIMITATION ON APPOINTMENT OF RE-
paragraph (1) of that subsection and losses or (vii) organizational management; or
TIRED MEMBERS OF THE ARMED
damage under paragraph (2) of that sub- FORCES TO CERTAIN POSITIONS IN (viii) medical intelligence and forensic in-
section, as applicable, in amounts and to the THE DEPARTMENT OF DEFENSE. vestigations; and
extent such insurance is available under (a) IN GENERAL.—Section 3326 of title 5, (E) it is crucial to better understand and
commercially reasonable terms and pricing, manage the increasing likelihood of pan-
United States Code, is amended—
including any limits, sub-limits, exclusions,
(1) in the section heading, by inserting demic threats (such as the recent threats of
and other coverage restrictions.
‘‘CERTAIN’’ before ‘‘POSITIONS’’; and severe acute respiratory syndrome (SARS),
‘‘(2) A contractor described in paragraph
(1) is not required to obtain insurance in (2) in subsection (b)— Ebola, the 2009–H1N1 influenza, and COVID–
amounts greater than the lesser of— (A) by striking ‘‘appointed’’ and all that 19) and related health issues that the United
‘‘(A) the amount available under commer- follows through ‘‘Defense’’ and inserting States could face during the next several
‘‘appointed to a position in the excepted or decades.
cially reasonable terms and pricing; or
competitive service classified at or above (b) COMMISSION ON THE COVID–19 PAN-
‘‘(B) the maximum probable loss deter- DEMIC.—
mined under subsection (d).’’; GS–14 of the General Schedule (or equiva-
lent) in or under the Department of De- (1) ESTABLISHMENT OF COMMISSION.—There
(5) in subsection (f), as so redesignated, by is established in the legislative branch the
inserting ‘‘the Secretary of Defense,’’ before fense’’; and
(B) in paragraph (1), by striking ‘‘for the National Commission on the COVID–19 Pan-
‘‘the Secretary’’; and demic (in this section referred to as the
(6) in subsection (g), as so redesignated— purpose’’ and all that follows through ‘‘Man-
agement’’. ‘‘Commission’’).
(A) in the matter preceding paragraph (1), (2) DUTIES.—The Commission shall—
by inserting ‘‘the Secretary of Defense,’’ be- (b) CLERICAL AMENDMENT.—The table of
sections at the beginning of subchapter I of (A) in accordance with paragraph (4), con-
fore ‘‘the Secretary’’; and duct an investigation of all relevant facts
(B) in paragraph (2), by striking ‘‘for re- chapter 33 of such title is amended in the
item relating to section 3326 by inserting and circumstances regarding the novel
search or development, or both,’’. coronavirus disease 2019 (in this section re-
‘‘certain’’ before ‘‘positions’’.
ferred to as ‘‘COVID–19’’) in order to make a
SA 4146. Mr. TUBERVILLE (for him- full and complete accounting of—
self and Mr. BRAUN) submitted an SA 4148. Mrs. FEINSTEIN (for her-
(i) the preparedness of the United States
amendment intended to be proposed to self, Mr. MARSHALL, and Mrs. GILLI- for pandemic disease before the outbreak of
amendment SA 3867 submitted by Mr. BRAND) submitted an amendment in- COVID–19;
REED and intended to be proposed to tended to be proposed to amendment (ii) the circumstances surrounding the ini-
the bill H.R. 4350, to authorize appro- SA 3867 submitted by Mr. REED and in- tial outbreak and spread of COVID–19; and
priations for fiscal year 2022 for mili- tended to be proposed to the bill H.R. (iii) the actions taken by the Federal Gov-
tary activities of the Department of 4350, to authorize appropriations for ernment, State, local, and Tribal govern-
ctelli on DSK11ZRN23PROD with SENATE
fiscal year 2022 for military activities ments, including with respect to the private
Defense, for military construction, and
sector, civil society, and relevant inter-
for defense activities of the Depart- of the Department of Defense, for mili-
national organizations (including the World
ment of Energy, to prescribe military tary construction, and for defense ac- Health Organization) in response to COVID–
personnel strengths for such fiscal tivities of the Department of Energy, 19;
year, and for other purposes; which was to prescribe military personnel (B) identify and examine lessons learned
ordered to lie on the table; as follows: strengths for such fiscal year, and for regarding pandemic preparedness, response,
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S7614 CONGRESSIONAL RECORD — SENATE November 2, 2021
and recovery efforts by the Federal Govern- (4) INVESTIGATION.—The investigation (I) IN GENERAL.—A subpoena may be issued
ment and State, local, and Tribal govern- under paragraph (2)(A) shall address the fol- under this subparagraph only—
ments, and international partners; and lowing: (aa) by the agreement of the chair and the
(C) submit to the President and Congress, (A) The structure, coordination, manage- vice chair; or
and make publicly available, such reports as ment, policies, procedures, and actions of the (bb) by the affirmative vote of 6 members
are required by this section containing find- Federal Government, State, local, and Tribal of the Commission.
ings, conclusions, and recommendations as governments, and nongovernmental entities (II) SIGNATURE.—Subject to subclause (I),
the Commission determines appropriate to in response to the COVID–19 pandemic. subpoenas issued under this subparagraph
improve the ability of the United States to (B) The effectiveness of communications to may be issued under the signature of the
prepare for, detect, prevent, and, if nec- the public concerning the pandemic and the chair or any member designated by a major-
essary, respond to and recover from public health response, including physical ity of the Commission, and may be served by
epidemics and pandemics such as COVID–19 distancing practices, the use of masks, and any person designated by the chair or by a
other non-pharmaceutical interventions in- member designated by a majority of the
(whether naturally occurring or caused by
tended to reduce the spread of COVID–19. Commission.
state or non-state actors) in a way that
(C) The role of international cooperation in (iii) ENFORCEMENT OF SUBPOENAS.—
minimizes negative effects on public health,
responding to the pandemic, including the (I) IN GENERAL.—In the case of contumacy
the economy, and society. role of international organizations such as or failure to obey a subpoena issued under
(3) COMPOSITION OF COMMISSION.— the World Health Organization and China’s this subparagraph, the United States district
(A) MEMBERS.—The Commission shall be government’s cooperation in the global in- court for the judicial district in which the
composed of 10 members, of whom— vestigation of COVID-19. subpoenaed person resides, is served, or may
(i) 1 member shall be appointed by the (D) The availability of personal protective be found, or where the subpoena is return-
President, who shall serve as chair of the equipment for health workers and first re- able, may issue an order requiring such per-
Commission; sponders, and the availability of other rel- son to appear at any designated place to tes-
(ii) 1 member shall be appointed by the evant medical equipment and supplies, in- tify or to produce documentary or other evi-
leader of the House of Representatives (the cluding the role of the Strategic National dence. Any failure to obey the order of the
Speaker or minority leader, as the case may Stockpile. court may be punished by the court as a con-
be) of the political party that is not the (E) The role of the Federal Government in tempt of that court.
same political party as the President, in con- the development, testing, production, and (II) ADDITIONAL ENFORCEMENT.—In the case
sultation with the leader of the Senate (ma- distribution of treatments and vaccines for of any failure of any witness to comply with
jority or minority leader, as the case may COVID–19. any subpoena or to testify when summoned
be) of the same political party as such leader (F) The preparedness and capacity of the under authority of this subsection, the Com-
of the House of Representatives, who shall health care system of the United States, in- mission may, by majority vote, certify a
serve as vice chair of the Commission; cluding hospitals, physicians, community statement of fact constituting such failure
(iii) 2 members shall be appointed by the health centers, and laboratories. to the appropriate United States attorney,
senior member of the Senate leadership of (G) The link between variations in the lan- who shall bring the matter before the grand
the Democratic Party; guage that individuals use to describe a jury for its action, under the same statutory
(iv) 2 members shall be appointed by the novel virus or disease and how such language authority and procedures as if the United
senior member of the leadership of the House may contribute to or conversely help to pre- States attorney had received a certification
of Representatives of the Republican Party; vent an increase in incidents of stigma, dis- under sections 102 through 104 of the Revised
(v) 2 members shall be appointed by the crimination, and harassment against an Statutes of the United States (2 U.S.C. 192
senior member of the Senate leadership of identifiable group of people and the commu- through 194).
the Republican Party; and nities in which they live. (B) CONTRACTING.—The Commission may,
(vi) 2 members shall be appointed by the (H) The origins of the novel coronavirus to such extent and in such amounts as are
senior member of the leadership of the House that causes COVID–19. Such an investigation provided in appropriation Acts, enter into
of Representatives of the Democratic Party. shall include engaging with willing partner contracts to enable the Commission to dis-
(B) AFFILIATIONS; INITIAL MEETING.— governments and experts from around the charge its duties under this section.
(i) POLITICAL PARTY AFFILIATION.—Not world, seeking access to all relevant records (C) INFORMATION FROM FEDERAL, STATE,
more than 5 members of the Commission on the virus cultures, isolates, genomic se- LOCAL, AND TRIBAL AGENCIES.—
shall be from the same political party. quences, databases, and patient specimens, (i) IN GENERAL.—The Commission is au-
(ii) NONGOVERNMENTAL APPOINTEES.—An in- and personnel of interest. The investigation thorized to secure directly from any execu-
dividual appointed to the Commission may shall fully and without prejudice explore the tive department, bureau, agency, board,
likely origins of COVID–19, as addressed in commission, office, independent establish-
not be an officer or employee of the Federal
the August, 27, 2020, Office of the Director of ment, or instrumentality of the Federal Gov-
Government or any State or local govern-
National Intelligence unclassified summary ernment or a State, local, or Tribal govern-
ment.
of the Intelligence Community assessment ment information, suggestions, estimates,
(iii) CONFLICTS OF INTEREST.—An individual
on COVID–19 origins, including natural expo- and statistics for the purposes of this sec-
appointed to the Commission may not have
sure to an infected animal and a laboratory- tion. Each department, bureau, agency,
conflicts of interest, or otherwise have dem- associated incident involving experimen- board, commission, office, independent es-
onstrated a strong bias toward a particular tation, animal handling, or sampling by the tablishment, or instrumentality shall, to the
conclusion that may prejudice the individ- Wuhan Institute of Virology, or another lab fullest extent permitted by law, furnish such
ual’s judgement as it pertains to the matters conducting similar research. information, suggestions, estimates, and sta-
before the Commission. A senior member of (I) Any other subject the Commission de- tistics directly to the Commission, upon re-
the leadership of either party in the Senate termines relevant to understanding the ori- quest made by the chair, the chair of any
or the House of Representatives may raise gins of COVID–19, the United States response subcommittee created by a majority of the
objections to appointees who raise such con- to COVID–19, and developing recommenda- Commission, or any member designated by a
cerns. tions to prepare for future pandemics. majority of the Commission.
(iv) DEADLINE FOR APPOINTMENT.—All mem- (5) POWERS OF COMMISSION.— (ii) RECEIPT, HANDLING, STORAGE, AND DIS-
bers of the Commission shall be appointed (A) IN GENERAL.— SEMINATION.—Information shall only be re-
not later than 30 days after the date of en- (i) HEARINGS AND EVIDENCE.—The Commis- ceived, handled, stored, and disseminated by
actment of this Act. sion or, as delegated by the chair and vice members of the Commission and its staff
(v) INITIAL MEETING.—The Commission chair, any subcommittee or member thereof, consistent with all applicable statutes, regu-
shall meet and begin the operations of the may, for the purpose of carrying out this sec- lations, and Executive orders.
Commission as soon as practicable, but not tion— (iii) NON-INTERFERENCE WITH PUBLIC HEALTH
later than 15 days after appointment of all (I) hold such hearings and sit and act at DUTIES.—The Commission and its staff shall
members of the Commission. such times and places, take such testimony, seek information and testimony in a manner
(C) QUORUM; VACANCIES.—After its initial receive such evidence, administer such that ensures Federal, State, local, and Tribal
meeting, the Commission shall meet upon oaths, as the Commission or such designated individuals and entities and private sector
the call of the chair or a majority of its subcommittee or designated member may individuals and entities are able to prioritize
members. Six members of the Commission determine advisable; and activities related to the pandemic response.
shall constitute a quorum. Any vacancy in (II) subject to clause (ii)(I), require, by sub- (D) ASSISTANCE FROM FEDERAL AGENCIES.—
the Commission shall not affect its powers, poena or otherwise, the attendance and testi- (i) GENERAL SERVICES ADMINISTRATION.—
ctelli on DSK11ZRN23PROD with SENATE
but shall be filled in the same manner in mony of such witnesses and the production The Administrator of General Services shall
which the original appointment was made. of such books, records, correspondence, provide to the Commission on a reimburs-
(D) IN-PERSON MEETINGS.—The members of memoranda, papers, and documents, as the able basis administrative support and other
the Commission shall conduct its meetings Commission or such designated sub- services for the performance of the Commis-
in person unless such in-person meetings committee or designated member may deter- sion’s functions.
would pose a health risk or significant prac- mine advisable. (ii) INTELLIGENCE AND INVESTIGATIVE SUP-
tical challenges. (ii) ISSUANCE OF SUBPOENAS.— PORT.—The Director of National Intelligence,
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7615
the Secretary of State, the Secretary of De- competitive service, and without regard to vote for an extension of not more than 120
fense, the Secretary of Health and Human the provisions of chapter 51 and subchapter days.
Services, and the Attorney General shall, to III of chapter 53 of such title relating to clas- (ii) NUMBER OF EXTENSIONS.—The Commis-
the extent authorized by law, support the du- sification and General Schedule pay rates, sion may make not more than 1 extension
ties of the Commission by providing infor- except that no rate of pay fixed under this under clause (i).
mation, intelligence, analysis, recommenda- subsection may exceed the equivalent of that (iii) NOTIFICATION.—The Commission shall
tions, estimates, and statistics directly to payable for a position at level V of the Exec- notify the President, Congress, and the pub-
the Commission, upon request made by the utive Schedule under section 5316 of title 5, lic of each extension under clause (i).
chair of the Commission, the chair of any United States Code. The chair shall ensure (11) TERMINATION.—
subcommittee created by a majority of the that any internships with the Commission (A) IN GENERAL.—The Commission, and all
Commission, or any member designated by a are paid positions. the authorities of this section, shall termi-
majority of the Commission. (ii) PERSONNEL AS FEDERAL EMPLOYEES.— nate 90 days after the date on which the final
(iii) OTHER DEPARTMENTS AND AGENCIES.— (I) IN GENERAL.—The staff director and any report is submitted under paragraph (10)(B).
In addition to the assistance prescribed in personnel of the Commission who are em- (B) ADMINISTRATIVE ACTIVITIES BEFORE TER-
clause (i), departments and agencies of the ployees shall be employees under section 2105 MINATION.—The Commission may use the 90-
United States may provide to the Commis- of title 5, United States Code, for purposes of day period referred to in subparagraph (A)
sion such services, funds, facilities, staff, and chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that for the purpose of concluding its activities,
other support services as they may deter- title. including providing testimony to commit-
mine advisable and as may be authorized by tees of Congress concerning its reports, dis-
(II) MEMBERS OF COMMISSION.—Subclause
law. seminating the final report, and explaining
(I) shall not be construed to apply to mem-
(E) DECLASSIFICATION OF INTELLIGENCE RE- to the public such reports and the conclu-
bers of the Commission.
LATED TO COVID–19.— sions of the Commission.
(B) DETAILEES.—Any Federal Government
(i) COMMENCEMENT OF REVIEW.—Not later (12) FUNDING.—
employee may be detailed to the Commission
than 30 days after the date of the initial (A) AUTHORIZATION OF APPROPRIATIONS.—
without reimbursement from the Commis-
meeting of the Commission, the Director of There is authorized to be appropriated to the
sion, and such detailee shall retain the
National Intelligence shall, in coordination Commission such sums as may be necessary
with the Director of the Federal Bureau of rights, status, and privileges of his or her for any fiscal year.
Investigation, the Director of the Central In- regular employment without interruption. (B) DURATION OF AVAILABILITY.—Amounts
telligence Agency, and the heads of such (C) CONSULTANT SERVICES.—The Commis- made available to the Commission under
other elements of the intelligence commu- sion is authorized to procure the services of subparagraph (A) shall remain available
nity as the Director of National Intelligence experts and consultants in accordance with until the termination of the Commission.
considers appropriate, commence a declas- section 3109 of title 5, United States Code, (C) NOTICE.—The chair shall promptly no-
sification review of any and all information but at rates not to exceed the daily rate paid tify Congress if the chair determines that
the Commission determines necessary relat- a person occupying a position at level IV of the amounts made available to the Commis-
ing to the origin of COVID–19. the Executive Schedule under section 5315 of sion under subparagraph (A) are insufficient
(ii) COMPLETION OF REVIEW.—Not later than title 5, United States Code. for the Commission to carry out its duties,
90 days after the date of the initial meeting (8) COMPENSATION AND TRAVEL EXPENSES.— including during an extended period de-
of the Commission, the Director of National (A) COMPENSATION.—Each member of the scribed in paragraph (10)(C).
Intelligence shall complete the review de- Commission may be compensated at not to (13) DEFINITIONS.—In this subsection:
scribed in clause (i) and determine what ad- exceed the daily equivalent of the annual (A) The terms ‘‘chair’’ and ‘‘vice chair’’
ditional information relating to the origin of rate of basic pay in effect for a position at refer to the chair and vice chair of the Com-
COVID-19 can be appropriately declassified level IV of the Executive Schedule under sec- mission appointed under paragraph (3)(A).
and shared with the public. tion 5315 of title 5, United States Code, for (B) The term ‘‘State’’ means each of the
(iii) SUBMISSION OF REPORT.—The Director each day during which that member is en- several States, the District of Columbia,
of National Intelligence shall submit to Con- gaged in the actual performance of the du- Puerto Rico, American Samoa, Guam, the
gress an unclassified report that contains ties of the Commission. United States Virgin Islands, and the Com-
the additional information described in (B) TRAVEL EXPENSES.—While away from monwealth of the Northern Mariana Islands.
clause (ii) with only such redactions as the their homes or regular places of business in ---
Director determines necessary to protect the performance of services for the Commis- SA 4149. Mr. MENENDEZ submitted
sources and methods without altering or ob- sion, members of the Commission shall be al- an amendment intended to be proposed
scuring such information. lowed travel expenses, including per diem in to amendment SA 3867 submitted by
(F) GIFTS.—The Commission may not ac- lieu of subsistence, in the same manner as Mr. REED and intended to be proposed
cept, use, and dispose of gifts or donations of persons employed intermittently in the Gov- to the bill H.R. 4350, to authorize ap-
services or property. ernment service are allowed expenses under
section 5703(b) of title 5, United States Code.
propriations for fiscal year 2022 for
(G) POSTAL SERVICES.—The Commission
may use the United States mails in the same (9) SECURITY CLEARANCES FOR COMMISSION military activities of the Department
manner and under the same conditions as de- MEMBERS AND STAFF.—The appropriate Fed- of Defense, for military construction,
partments and agencies of the United States. eral agencies or departments shall cooperate and for defense activities of the De-
(6) NONAPPLICABILITY OF FEDERAL ADVISORY with the Commission in expeditiously pro- partment of Energy, to prescribe mili-
COMMITTEE ACT.— viding to the Commission members and staff tary personnel strengths for such fiscal
(A) IN GENERAL.—The Federal Advisory appropriate security clearances to the extent year, and for other purposes; which was
Committee Act (5 U.S.C. App.) shall not possible pursuant to existing procedures and ordered to lie on the table; as follows:
apply to the Commission. requirements, except that no person shall be At the end of subtitle D of title X, add the
(B) PRESUMPTION FOR PUBLIC MEETINGS.— provided with access to classified informa- following:
(i) OPEN TO THE PUBLIC.—The Commission tion under this section without the appro- SEC. 1036. TRANS-SAHARA COUNTERTERRORISM
shall make its hearings and meetings open to priate security clearances. PARTNERSHIP PROGRAM.
the public unless the chair and vice chair de- (10) REPORTS OF COMMISSION.— (a) SHORT TITLE.—This section may be
termine by consensus, on a case-by-case (A) INTERIM REPORT.—Not later than 1 year cited as the ‘‘Trans-Sahara Counterterrorism
basis, that the hearing or meeting should be after the date of enactment of this Act, the Partnership Program Act of 2021’’.
closed to the public. Commission shall submit to the President (b) SENSE OF CONGRESS.—It is the sense of
(ii) PROTECTION OF INFORMATION.—Any pub- and Congress, and make publicly available, Congress that—
lic meeting or hearing of the Commission an interim report containing such findings, (1) terrorist and violent extremist organi-
shall be conducted in a manner consistent conclusions, and recommendations for cor- zations, such as Al Qaeda in the Islamic
with the protection of information provided rective measures as have been agreed to by a Maghreb, Boko Haram, the Islamic State of
to or developed for or by the Commission as majority of Commission members. West Africa, and other affiliated groups,
required by any applicable statute, regula- (B) FINAL REPORT.—Not later than the date have killed tens of thousands of innocent ci-
tion, or Executive order. described in subparagraph (C)(i), the Com- vilians, displaced populations, destabilized
(7) STAFF OF COMMISSION.— mission shall submit to the President and local and national governments, and caused
(A) IN GENERAL.— Congress, and make publicly available, a mass human suffering in the affected com-
(i) APPOINTMENT AND COMPENSATION.—The final report containing such findings, conclu- munities;
chair, in consultation with the vice chair, in sions, and recommendations for corrective (2) poor governance, political and economic
ctelli on DSK11ZRN23PROD with SENATE
accordance with rules agreed upon by the measures as have been agreed to by a major- marginalization, and lack of accountability
Commission, may appoint and fix the com- ity of Commission members. for human rights abuses by security forces
pensation of a staff director and such other (C) DEADLINE.— are drivers of extremism;
personnel as may be necessary to enable the (i) DATE DESCRIBED.—The date described in (3) it is in the national security interest of
Commission to carry out its functions, with- this clause is 20 months after the date of the the United States—
out regard to the provisions of title 5, United initial meeting of the Commission, unless (A) to combat the spread of terrorism and
States Code, governing appointments in the not fewer than 8 members of the Commission violent extremism; and
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S7616 CONGRESSIONAL RECORD — SENATE November 2, 2021
(B) to build the capacity of partner coun- (VI) improving access to economic oppor- (v) the anticipated implementation
tries to combat such threats in Africa; tunities; and timeline for the activity; and
(4) terrorist and violent extremist organi- (VII) other development activities nec- (vi) the plans to sustain any military or se-
zations exploit vulnerable and marginalized essary to support community resilience; curity equipment provided beyond the com-
communities suffering from poverty, lack of (iii) to strengthen the rule of law in such pletion date of such activity, if applicable,
economic opportunity (particularly among countries, including by enhancing the capa- and the estimated cost and source of funds to
youth populations), corruption, and weak bility of the judicial institutions to inde- support such sustainment.
governance; and pendently, transparently, and credibly deter, (3) INTERNATIONAL COORDINATION.—Efforts
(5) a comprehensive, coordinated inter- investigate, and prosecute acts of terrorism carried out under this subsection—
agency approach is needed to develop an ef- and violent extremism; (A) shall take into account partner coun-
fective strategy— (iv) to improve the ability of military and try counterterrorism, counter-extremism,
(A) to address the security challenges in law enforcement entities in partner coun- and development strategies;
the Sahel-Maghreb; tries— (B) shall be aligned with such strategies, to
(B) to appropriately allocate resources and (I) to detect, disrupt, respond to, and pros- the extent practicable; and
de-conflict programs; and ecute violent extremist and terrorist activ- (C) shall be coordinated with counterter-
(C) to maximize the effectiveness of United ity, while respecting human rights; and rorism and counter-extremism activities and
States defense, diplomatic, and development (II) to cooperate with the United States programs in the areas of defense, diplomacy,
capabilities. and other partner countries on counterter- and development carried out by other like-
(c) STATEMENT OF POLICY.—It is the policy
rorism and counter-extremism efforts; minded donors and international organiza-
of the United States to assist countries in
North Africa and West Africa, and other al- (v) to enhance the border security capacity tions in the relevant country.
lies and partners that are active in those re- of partner countries, including the ability to (4) STRATEGIES.—
gions, in combating terrorism and violent monitor, detain, and interdict terrorists; (A) IN GENERAL.—Not later than 180 days
extremism through a coordinated inter- (vi) to identify, monitor, disrupt, and after the date of the enactment of this Act,
agency approach with a consistent strategy counter the human capital and financing the Secretary of State, in consultation with
that appropriately balances security activi- pipelines of terrorism; or the Secretary of Defense and the Adminis-
ties with diplomatic and development efforts (vii) to support the free expression and op- trator of the United States Agency for Inter-
to address the political, socioeconomic, gov- erations of independent, local-language national Development and other relevant
ernance, and development challenges in media, particularly in rural areas, while Federal Government agencies, shall submit
North Africa and West Africa that con- countering the media operations and recruit- the strategies described in subparagraphs (B)
tribute to terrorism and violent extremism. ment propaganda of terrorist and violent ex- and (C) to the appropriate congressional
(d) TRANS-SAHARA COUNTERTERRORISM tremist organizations. committees.
PARTNERSHIP PROGRAM.— (B) ASSISTANCE FRAMEWORK.—Program ac- (B) COMPREHENSIVE, 5-YEAR STRATEGY FOR
(1) APPROPRIATE CONGRESSIONAL COMMIT- tivities shall— THE SAHEL-MAGHREB.—The Secretary of State
TEES DEFINED.—In this subsection, the term (i) be carried out in countries in which the shall develop a comprehensive, 5-year strat-
‘‘appropriate congressional committees’’ Secretary of State, in consultation with the egy for the Sahel-Maghreb, including details
means— Secretary of Defense and the Administrator related to whole-of-government efforts in the
(A) the Committee on Foreign Relations of of the United States Agency for Inter- areas of defense, diplomacy, and develop-
the Senate; national Development— ment to advance the national security, eco-
(B) the Committee on Armed Services of (I) determines that there is an adequate nomic, and humanitarian interests of the
the Senate; level of partner country commitment; and United States, including—
(C) the Committee on Appropriations of (II) has considered partner country needs, (i) efforts to ensure coordination with mul-
the Senate; absorptive capacity, sustainment capacity, tilateral and bilateral partners, such as the
(D) the Select Committee on Intelligence and efforts of other donors in the sector; Joint Force of the Group of Five of the
of the Senate; (ii) have clearly defined outcomes; Sahel, and with other relevant assistance
(E) the Committee on Foreign Affairs of (iii) be closely coordinated among United frameworks;
the House of Representatives; States diplomatic and development missions, (ii) a public diplomacy strategy and ac-
(F) the Committee on Armed Services of United States Africa Command, and relevant tions to ensure that populations in the
the House of Representatives; participating departments and agencies; Sahel-Maghreb are aware of the development
(G) the Committee on Appropriations of (iv) have specific plans with robust indica- activities of the United States Government,
the House of Representatives; and tors to regularly monitor and evaluate out- especially in countries with a significant De-
(H) the Permanent Select Committee on comes and impact; partment of Defense presence or engagement
Intelligence of the House of Representatives. (v) complement and enhance efforts to pro- through train and equip programs;
(2) IN GENERAL.— mote democratic governance, the rule of law, (iii) activities aimed at supporting demo-
(A) ESTABLISHMENT.—The Secretary of human rights, and economic growth; cratic institutions and countering violent
State, in consultation with the Secretary of (vi) in the case of train and equip pro- extremism with measurable goals and trans-
Defense and the Administrator of the United grams, complement longer-term security parent benchmarks;
States Agency for International Develop- sector institution-building; and (iv) plans to help each partner country ad-
ment, shall establish a partnership program, (vii) have mechanisms in place to track re- dress humanitarian and development needs
which shall be known as the ‘‘Trans-Sahara sources and routinely monitor and evaluate and to help prevent, respond to, and mitigate
Counterterrorism Partnership Program’’ (re- the efficacy of relevant programs. intercommunal violence;
ferred to in this subsection as the ‘‘Pro- (C) CONSULTATION.—In coordinating activi- (v) a comprehensive plan to support secu-
gram’’), to coordinate all programs, projects, ties through the Program, the Secretary of rity sector reform in each partner country
and activities of the United States Govern- State shall consult, as appropriate, with the that includes a detailed section on programs
ment in countries in North Africa and West heads of relevant Federal departments and and activities being undertaken by relevant
Africa that are conducted— agencies, as determined by the President. stakeholders and other international actors
(i) to improve governance and the capac- (D) CONGRESSIONAL NOTIFICATION.—Not operating in the sector; and
ities of countries in North Africa and West later than 15 days before obligating amounts (vi) a specific strategy for Mali that in-
Africa to deliver basic services, particularly for an activity coordinated through the Pro- cludes plans for sustained, high-level diplo-
to at-risk communities, as a means of coun- gram under subparagraph (A), the Secretary matic engagement with stakeholders, includ-
tering terrorism and violent extremism by of State shall notify the appropriate congres- ing countries in Europe and the Middle East
enhancing state legitimacy and authority sional committees, in accordance with sec- with interests in the Sahel-Maghreb, re-
and countering corruption; tion 634A of the Foreign Assistance Act of gional governments, relevant multilateral
(ii) to address the factors that make people 1961 (22 U.S.C. 2394–1), of— organizations, signatory groups of the Agree-
and communities vulnerable to recruitment (i) the foreign country and entity, as appli- ment for Peace and Reconciliation in Mali,
by terrorist and violent extremist organiza- cable, whose capabilities are to be enhanced done in Algiers July 24, 2014, and civil soci-
tions, including economic vulnerability and in accordance with the purposes described in ety actors.
mistrust of government and government se- subparagraph (A); (C) A COMPREHENSIVE 5-YEAR STRATEGY FOR
curity forces, through activities such as— (ii) the amount, type, and purpose of sup- PROGRAM COUNTERTERRORISM EFFORTS.—The
(I) supporting strategies that increase port to be provided; Secretary of State shall develop a com-
youth employment opportunities; (iii) the absorptive capacity of the foreign prehensive 5-year strategy for the Program
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(II) promoting girls’ education and wom- country to effectively implement the assist- that includes—
en’s political participation; ance to be provided; (i) a clear statement of the objectives of
(III) strengthening local governance and (iv) the extent to which state security United States counterterrorism efforts in
civil society capacity; forces of the foreign country have been im- North Africa and West Africa with respect to
(IV) improving government transparency plicated in gross violations of human rights the use of all forms of United States assist-
and accountability; and the risk that obligated funds may be ance to combat terrorism and counter vio-
(V) fighting corruption; used to perpetrate further abuses; lent extremism, including efforts—
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7617
(I) to build military and civilian law en- (F) the extent to which state security to the bill H.R. 4350, to authorize ap-
forcement capacity; forces in each partner country have been im- propriations for fiscal year 2022 for
(II) to strengthen the rule of law; plicated in gross violations of human rights military activities of the Department
(III) to promote responsive and account- during the reporting period, including how
of Defense, for military construction,
able governance; and such gross violations of human rights have
(IV) to address the root causes of terrorism been addressed and or will be addressed and for defense activities of the De-
and violent extremism; through Program activities; partment of Energy, to prescribe mili-
(ii) a plan for coordinating programs (G) the assistance provided in each of the 3 tary personnel strengths for such fiscal
through the Program pursuant to paragraph preceding fiscal years under the Program, year, and for other purposes; which was
(2)(A), including identifying the agency or broken down by partner country, including ordered to lie on the table; as follows:
bureau of the Department of State, as appli- the type, statutory authorization, and pur-
At the end of title XII, add the following:
cable, that will be responsible for leading pose of all United States security assistance
and coordinating each such program; provided to the country pursuant to authori- Subtitle H—U.S.-Greece Defense and
(iii) a plan to monitor, evaluate, and share ties under title 10, United States Code, the Interparliamentary Partnership Act of 2021
data and learning about the Program in ac- Foreign Assistance Act of 1961 (22 U.S.C. 2151 SEC. 1291. SHORT TITLE.
cordance with monitoring and evaluation et seq.), or any other ‘‘train and equip’’ au-
thorities of the Department of Defense; and This subtitle may be cited as the ‘‘U.S.-
provisions under sections 3 and 4 of the For-
(H) any changes or updates to the Com- Greece Defense and Interparliamentary Part-
eign Aid Transparency and Accountability
prehensive 5-Year Strategy for the Program nership Act of 2021’’.
Act of 2016 (22 U.S.C. 2394c note and 2394c);
and required under paragraph (4)(C) necessitated SEC. 1292. FINDINGS.
(iv) a plan for ensuring coordination and by the findings in this annual report. Congress makes the following findings:
compliance with related requirements in (7) REPORTING REQUIREMENT RELATED TO (1) The United States and Greece are
United States law, including the Global Fra- AUDIT OF BUREAU OF AFRICAN AFFAIRS MONI- strong allies in the North Atlantic Treaty
gility Act of 2019 (22 U.S.C. 9801 et seq.). TORING AND COORDINATION OF THE TRANS-SA- Organization (NATO) and have deepened
(D) CONSULTATION.—Not later than 90 days HARA COUNTERTERRORISM PARTNERSHIP PRO- their defense relationship in recent years in
after the date of the enactment of this Act, GRAM.—Not later than 90 days after the date response to growing security challenges in
the Secretary of State shall consult with the of the enactment of this Act, and every 120 the Eastern Mediterranean region.
appropriate congressional committees re- days thereafter until the earlier of the date (2) Greece participates in several NATO
garding the progress made towards devel- on which all 13 recommendations in the Sep- missions, including Operation Sea Guardian
oping the strategies required under subpara- tember 2020 Department of State Office of In- in the Mediterranean and NATO’s mission in
graphs (B) and (C). spector General audit entitled ‘‘Audit of the Kosovo.
(5) SUPPORTING MATERIAL IN ANNUAL BUDG- Department of State Bureau of African Af- (3) The Eastern Mediterranean Security
ET REQUEST.— fairs Monitoring and Coordination of the and Energy Partnership Act (title II of divi-
(A) IN GENERAL.—The Secretary of State Trans-Sahara Counterterrorism Partnership sion J of Public Law 116–94), authorized new
shall include a description of the require- Program’’ (AUD–MERO–20–42) are closed or security assistance for Greece and Cyprus,
ments, activities, and planned allocation of the date that is 3 years after the date of the lifted the United States prohibition on arms
amounts requested by the Program in the enactment of this Act, the Secretary of transfers to Cyprus, and authorized the es-
budget materials submitted to Congress in State shall submit a report to the appro- tablishment of a United States-Eastern Med-
support of the President’s annual budget re- priate congressional committees that identi- iterranean Energy Center to facilitate en-
quest pursuant to section 1105 of title 31, fies— ergy cooperation among the United States,
United States Code, for each fiscal year be- (A) which of the 13 recommendations in Greece, Israel, and Cyprus.
ginning after the date of the enactment of AUD–MERO–20–42 have not been closed; (4) The United States has demonstrated its
this Act and annually thereafter for the fol- (B) a description of progress made since support for the trilateral partnership of
lowing 5 years. the last report toward closing each rec- Greece, Israel, and Cyprus through joint en-
(B) EXCEPTION.—The requirement under ommendation identified under subparagraph gagement with Cyprus, Greece, Israel, and
subparagraph (A) shall not apply to activi- (A); the United States in the ‘‘3+1’’ format.
ties of the Department of Defense conducted (C) additional resources needed, including (5) The United States and Greece have held
pursuant to authorities under title 10, United assessment of staffing capacity, if any, to Strategic Dialogue meetings in Athens,
States Code. complete action required to close each rec- Washington D.C., and virtually, and have
(6) MONITORING AND EVALUATION OF PRO- ommendation identified under subparagraph committed to hold an upcoming Strategic
GRAMS AND ACTIVITIES.—Not later than 1 year (A); and Dialogue session in 2021 in Washington, D.C.
after the date of the enactment of this Act, (D) the anticipated timeline for completion (6) In October 2019, the United States and
and annually thereafter for the following 5 of action required to close each rec- Greece agreed to update the United States-
years, the Secretary of State, in consulta- ommendation identified under subparagraph Greece Mutual Defense Cooperation Agree-
tion with the Secretary of Defense and the (A), including application of all rec- ment, and the amended agreement officially
Administrator of the United States Agency ommendations into all existing security as- entered into force on February 13, 2020.
for International Development, shall submit sistance programs managed by the Depart- (7) The amended Mutual Defense Coopera-
a report to the appropriate congressional ment of State under the Program. tion Agreement provides for increased joint
committees that describes— (8) PROGRAM ADMINISTRATION.—Not later United States-Greece and NATO activities at
(A) the progress made in meeting the ob- than 120 days after the date of the enactment Greek military bases and facilities in
jectives of the strategies required under sub- of this Act, the Secretary of State shall sub- Larissa, Stefanovikio, Alexandroupolis, and
paragraphs (B) and (C) of paragraph (4), in- mit a report to Congress that describes plans other parts of central and northern Greece,
cluding any lessons learned in carrying out for conducting a written review of a rep- and allows for infrastructure improvements
Program activities and any recommenda- resentative sample of each of the security as- at the United States Naval Support Activity
tions for improving such programs and ac- sistance programs administered by the Bu- Souda Bay base on Crete.
tivities; reau of African Affairs that— (8) In October 2020, Greek Foreign Minister
(B) the efforts taken to coordinate, de-con- (A) identifies potential waste, fraud, abuse, Nikos Dendias announced that Greece hopes
flict, and streamline Program activities to inefficiencies, or deficiencies; and to further expand the Mutual Defense Co-
maximize resource effectiveness; (B) includes an analysis of staff capacity, operation Agreement with the United States.
(C) the extent to which each partner coun- including human resource needs, available (9) The United States Naval Support Activ-
try has demonstrated the ability to absorb resources, procedural guidance, and moni- ity Souda Bay serves as a critical naval lo-
the equipment or training provided in the toring and evaluation processes to ensure gistics hub for the United States Navy’s 6th
previous year under the Program, and as ap- that the Bureau of African Affairs is man- Fleet.
plicable, the ability to maintain and appro- aging programs efficiently and effectively. (10) In June 2020, United States Ambas-
priately utilize such equipment; (9) FORM.—The strategies required under sador to Greece Geoffrey Pyatt characterized
(D) the extent to which each partner coun- subparagraphs (B) and (C) of paragraph (4) the importance of Naval Support Activity
try is investing its own resources to advance and the report required under paragraph (6) Souda Bay as ‘‘our most important platform
the goals described in paragraph (2)(A) or is shall be submitted in unclassified form, but for the projection of American power into a
demonstrating a commitment and willing- may include a classified annex. strategically dynamic Eastern Mediterra-
ness to cooperate with the United States to (e) RULE OF CONSTRUCTION.—Nothing in nean region. From Syria to Libya to the
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advance such goals; this section may be construed as authorizing chokepoint of the Black Sea, this is a criti-
(E) the actions taken by the government of the use of military force. cally important asset for the United States,
each partner country receiving assistance --- as our air force, naval, and other resources
under the Program to combat corruption, SA 4150. Mr. MENENDEZ submitted are applied to support our Alliance obliga-
improve transparency and accountability, an amendment intended to be proposed tions and to help bring peace and stability.’’.
and promote other forms of democratic gov- to amendment SA 3867 submitted by (11) During a September 2020 visit to Souda
ernance; Mr. REED and intended to be proposed Bay, then-Secretary of State Mike Pompeo
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S7618 CONGRESSIONAL RECORD — SENATE November 2, 2021
announced that the USS Hershel ‘‘Woody’’ Fighters to Greece to include those F–35 air- currence of the Secretary of State, shall re-
Williams, the second of a new class of United craft produced for but never delivered to port not later than October 31 to the appro-
States sea-basing ships, will be based out of Turkey as a result of Turkey’s exclusion priate congressional committees and the
Souda Bay, the first permanent United from the program due to its purchase of the Committees on Armed Services of the Senate
States naval deployment at the base. Russian S-400 air defense system; and the House of Representatives on Greece’s
(12) The United States cooperates with the (8) the United States Government should defense needs and how the United States will
Hellenic Armed Forces at facilities in continue to invest in International Military seek to address such needs through transfers
Larissa, Stefanovikio, and Alexandroupolis, Education and Training (IMET) programs in of excess defense equipment to Greece for
where the United States Armed Forces con- Greece; that fiscal year.
duct training, refueling, temporary mainte- (9) the United States Government should SEC. 1298. IMET COOPERATION WITH GREECE.
nance, storage, and emergency response. support joint maritime security cooperation Of the amounts authorized to be appro-
(13) The United States has conducted a exercises with Cyprus, Greece, and Israel; priated for each of fiscal years 2022 through
longstanding International Military Edu- (10) in accordance with its legal authorities 2026 for International Military Education
cation and Training (IMET) program with and project selection criteria, the United and Training (IMET) assistance, $1,800,000
Greece, and the Government of Greece has States Development Finance Corporation shall be made available for Greece, to the
committed to provide $3 for every dollar in- should consider supporting private invest- maximum extent practicable. The assistance
vested by the United States in the program. ment in strategic infrastructure projects in shall be made available for the following
(14) Greece’s defense spending in 2020 Greece, to include shipyards and ports that purposes:
amounted to an estimated 2.68 percent of its contribute to the security of the region and (1) Training of future leaders.
gross domestic product (GDP), exceeding Greece’s prosperity; (2) Fostering a better understanding of the
NATO’s 2 percent of GDP benchmark agreed (11) the extension of the Mutual Defense United States.
to at the 2014 NATO Summit in Wales. Cooperation Agreement with Greece for a pe- (3) Establishing a rapport between the
(15) Greece is eligible for the delivery of ex- riod of five years includes deepened partner- United States Armed Forces and Greece’s
cess defense articles under section 516(c)(2) of ships at Greek military facilities throughout military to build partnerships for the future.
the Foreign Assistance Act of 1961 (22 U.S.C. the country and is a welcome development; (4) Enhancement of interoperability and
2321j(c)(2)). (12) the United States Government should capabilities for joint operations.
(16) In September 2020, Greek Prime Min- restore congressionally appropriated mili- (5) Focusing on professional military edu-
ister Kyriakos Mitsotakis announced plans tary construction funds for construction cation, civilian control of the military, and
to modernize all three branches of the Hel- projects at Naval Support Activity Souda protection of human rights.
lenic Armed Forces, which will strengthen Bay focused on a warehouse storage facility SEC. 1299. CYPRUS, GREECE, ISRAEL, AND THE
Greece’s military position in the Eastern and an airport passenger terminal that were UNITED STATES 3+1 INTER-
Mediterranean. redirected to United States border wall pro- PARLIAMENTARY GROUP.
(17) The modernization includes upgrades grams in 2019; and (a) ESTABLISHMENT.—There is established a
to the arms of all three branches, including (13) the United States Government should group, to be known as the ‘‘Cyprus, Greece,
new anti-tank weapons for the Hellenic establish the United States-Eastern Medi- Israel, and the United States 3+1 Inter-
Army, new heavy-duty torpedoes for the Hel- terranean Energy Center as authorized in parliamentary Group’’, to serve as a legisla-
lenic Navy, and new guided missiles for the the Eastern Mediterranean Energy and Secu- tive component to the 3+1 process launched
rity Partnership Act of 2019. in Jerusalem in March 2019.
Hellenic Air Force.
SEC. 1294. FUNDING FOR EUROPEAN RECAPITAL- (b) MEMBERSHIP.—The Cyprus, Greece,
(18) The Hellenic Navy also plans to up- IZATION INCENTIVE PROGRAM. Israel, and the United States 3+1 Inter-
grade its four MEKO 200HN frigates and pur-
(a) IN GENERAL.—To the maximum extent parliamentary Group shall include a group of
chase four new multirole frigates of an un- feasible, of the funds appropriated for the not more than 6 United States Senators, to
disclosed type, to be accompanied by 4 MH- European Recapitalization Incentive Pro- be known as the ‘‘United States group’’, who
60R anti-submarine helicopters. gram, $25,000,000 for each of fiscal years 2022 shall be appointed jointly by the majority
(19) The Hellenic Air Force plans to fully through 2026 should be considered for Greece leader and the minority leader of the Senate.
upgrade its fleet of F–16 jets to the F–16 as appropriate to assist the country in meet- (c) MEETINGS.—Not less frequently than
Viper variant by 2027 and has expressed in- ing its defense needs and transitioning away once each year, the United States group
terest in participating in the F–35 Joint from Russian-produced military equipment. shall meet with members of the 3+1 group to
Strike Fighter program. (b) REPORT.—Not later than 180 days after discuss issues on the agenda of the 3+1 delib-
(20) The United States ejected Turkey from the date of the enactment of this Act, the erations of the Governments of Greece,
the F–35 Joint Strike Fighter Program in Secretary of State shall submit to the appro- Israel, Cyprus, and the United States to in-
July 2019 as a result of its purchase of the priate congressional committees a report clude maritime security, defense coopera-
Russian S-400 air defense system. Eight F–35 that provides a full accounting of all funds tion, energy initiatives, and countering ma-
Joint Strike Fighters were produced for Tur- distributed under the European Recapitaliza- lign influence efforts by the People’s Repub-
key but never delivered as a result of its tion Incentive Program, including— lic of China and the Russian Federation.
ejection from the program. (1) identification of each recipient country; SEC. 1299A. APPROPRIATE CONGRESSIONAL
SEC. 1293. SENSE OF CONGRESS. (2) a description of how the funds were COMMITTEES.
It is the sense of Congress that— used; and In this subtitle, the term ‘‘appropriate con-
(1) Greece is a pillar of stability in the (3) an accounting of remaining equipment gressional committees’’ means—
Eastern Mediterranean region and the in recipient countries that was provided by (1) the Committee on Foreign Relations,
United States should remain committed to the then-Soviet Union or Russian Federa- the Committee on Armed Services, and the
supporting its security and prosperity; tion. Committee on Appropriations of the Senate;
(2) the 3+1 format of cooperation among SEC. 1295. SENSE OF CONGRESS ON LOAN PRO- and
Cyprus, Greece, Israel, and the United States GRAM. (2) the Committee on Foreign Affairs, the
has been a successful forum to cooperate on It is the sense of Congress that, as appro- Committee on Armed Services, and the Com-
energy issues and should be expanded to in- priate, the United States Government should mittee on Appropriations of the House of
clude other areas of common concern to the provide direct loans to Greece for the pro- Representatives.
members; curement of defense articles, defense serv- ---
(3) the United States should increase and ices, and design and construction services SA 4151. Mr. MENENDEZ submitted
deepen efforts to partner with and support pursuant to the authority of section 23 of the an amendment intended to be proposed
Arms Export Control Act (22 U.S.C. 2763) to to amendment SA 3867 submitted by
the modernization of the Greek military;
support the further development of Greece’s
(4) it is in the interests of the United
military forces.
Mr. REED and intended to be proposed
States that Greece continue to transition its to the bill H.R. 4350, to authorize ap-
SEC. 1296. TRANSFER OF F–35 JOINT STRIKE
military equipment away from Russian-pro- FIGHTER AIRCRAFT TO GREECE. propriations for fiscal year 2022 for
duced platforms and weapons systems The President is authorized to expedite de- military activities of the Department
through the European Recapitalization In- livery of any future F–35 aircraft to Greece of Defense, for military construction,
vestment Program; once Greece is prepared to move forward
(5) the United States Government should and for defense activities of the De-
with such a purchase on such terms and con- partment of Energy, to prescribe mili-
continue to deepen strong partnerships with ditions as the President may require. Such
the Greek military, especially in co-develop- transfer shall be submitted to Congress pur-
tary personnel strengths for such fiscal
ment and co-production opportunities with suant to the certification requirements year, and for other purposes; which was
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the Greek Navy; under section 36 of the Arms Export Control ordered to lie on the table; as follows:
(6) the naval partnerships with Greece at Act (22 U.S.C. 2776). At the appropriate place in title X, insert
Souda Bay and Alexandroupolis are mutu- SEC. 1297. REPORT ON EXPEDITED EXCESS DE- the following:
ally beneficial to the national security of the FENSE ARTICLES TRANSFER PRO- SEC. ll. ENHANCING TRANSPARENCY ON
United States and Greece; GRAM. INTERNATIONAL AGREEMENTS AND
(7) the United States should, as appro- During each of fiscal years 2022 through NON-BINDING INSTRUMENTS.
priate, support the sale of F–35 Joint Strike 2026, the Secretary of Defense, with the con- (a) SECTION 112B OF TITLE 1.—
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7619
(1) IN GENERAL.—Chapter 2 of title 1, ‘‘(B) a list, to the extent described in such or instruments to the appropriate congres-
United States Code, is amended by striking general authorization, of the countries or en- sional committees.
section 112b and inserting the following: tities with which such agreements are con- ‘‘(d) Any department or agency of the
‘‘§ 112b. United States international agree- templated. United States Government that enters into
ments; transparency provisions ‘‘(4)(A) The Secretary may, on a case-by- any international agreement or qualifying
‘‘(a)(1) Not less frequently than once each case basis, waive the requirements of sub- non-binding instrument on behalf of itself or
month, the Secretary, through the Legal Ad- section (a)(1)(A)(i) with respect to a specific the United States shall—
viser of the Department of State, shall pro- international agreement or qualifying non- ‘‘(1) provide to the Secretary the text of
vide in writing to the appropriate congres- binding instrument for renewable periods of each international agreement not later than
sional committees the following: up to 180 days if the Secretary certifies in 30 calendar days after the date on which such
‘‘(A)(i) A list of all international agree- writing to the appropriate congressional agreement is signed;
ments and qualifying non-binding instru- committees that— ‘‘(2) provide to the Secretary the text of
ments approved for negotiation by the Sec- ‘‘(i) exercising the waiver authority is vital each qualifying non-binding instrument not
retary or another Department of State offi- to the negotiation of a particular inter- later than 30 calendar days after the date of
cer at the Assistant Secretary level or high- national agreement or qualifying non-bind- the written communication described in sub-
er during the prior month, or, in the event ing instrument; and section (m)(3)(A)(ii)(II); and
an international agreement or qualifying ‘‘(ii) the international agreement or quali- ‘‘(3) on an ongoing basis, provide any im-
non-binding instrument is not included in fying non-binding instrument would signifi- plementing material to the Secretary for
the list required by this clause, a certifi- cantly and materially advance the foreign transmittal to the appropriate congressional
cation corresponding to the international policy or national security interests of the committees as needed to satisfy the require-
agreement or qualifying non-binding instru- United States. ments described in subsection (c).
ment as authorized under paragraph (4)(A). ‘‘(B) The Secretary shall brief the Majority ‘‘(e)(1) Each department or agency of the
‘‘(ii) A description of the intended subject Leader and the Minority Leader of the Sen- United States Government that enters into
matter and parties to or participants for ate, the Speaker and the Minority Leader of any international agreement or qualifying
each international agreement and qualifying the House of Representatives, and the Chairs non-binding instrument on behalf of itself or
non-binding instrument listed pursuant to and Ranking Members of the appropriate the United States shall designate a Chief
clause (i). congressional committees on the scope and International Agreements Officer, who
‘‘(B)(i) A list of all international agree- status of the negotiation that is the subject shall—
ments and qualifying non-binding instru- of the waiver under subparagraph (A)— ‘‘(A) be selected from among employees of
ments signed, concluded, or otherwise final- ‘‘(i) not later than 60 calendar days after such department or agency;
ized during the prior month. the date on which the Secretary exercises ‘‘(B) serve concurrently as the Chief Inter-
‘‘(ii) The text of all international agree- the waiver; and national Agreements Officer; and
ments and qualifying non-binding instru- ‘‘(ii) once every 180 calendar days during ‘‘(C) subject to the authority of the head of
ments described in clause (i). the period in which a renewed waiver is in ef- such department or agency, have
‘‘(iii) A detailed description of the legal au- fect. department- or agency-wide responsibility
thority that, in the view of the Secretary, ‘‘(C) The certification required by subpara- for efficient and appropriate compliance
provides authorization for each international graph (A) may be provided in classified form. with this section.
agreement and qualifying non-binding in- ‘‘(D) The Secretary shall not delegate the ‘‘(2) The Chief International Agreements
strument provided under clause (ii) to be- waiver authority or certification require- Officer of the Department of State shall
come operative. If multiple authorities are ments under subparagraph (A). The Sec- serve in the Office of the Legal Adviser with
relied upon in relation to an international retary shall not delegate the briefing re- the title of International Agreements Com-
agreement or qualifying non-binding instru- quirements under subparagraph (B) to any pliance Officer.
ment, the Secretary shall cite all such au- person other than the Deputy Secretary. ‘‘(f) Texts of oral international agreements
thorities. All citations to a treaty or statute ‘‘(b)(1) Not less frequently than once each and qualifying non-binding instruments shall
shall include the specific article or section month, the Secretary shall make the text of be reduced to writing and subject to the re-
and subsection reference whenever available all international agreements that entered quirements of subsection (a).
and, if not available, shall be as specific as into force during the prior month, and the ‘‘(g) Notwithstanding any other provision
possible. If the authority relied upon is or in- information required by subparagraph of law, an international agreement may not
cludes article II of the Constitution of the (B)(iii) of subsection (a)(1) and clauses (iii) be signed or otherwise concluded on behalf of
United States, the Secretary shall explain and (iv) of subparagraph (C) of such sub- the United States without prior consultation
the basis for that reliance. section, available to the public on the with the Secretary. Such consultation may
‘‘(C)(i) A list of all international agree- website of the Department of State. encompass a class of agreements rather than
ments that entered into force and qualifying ‘‘(2) The requirement under paragraph (1)— a particular agreement.
non-binding instruments that became opera- ‘‘(A) shall not apply to any information, ‘‘(h)(1) Notwithstanding any other provi-
tive for the United States or an agency of including the text of an international agree- sion of law, no amounts appropriated to the
the United States during the prior month. ment, that is classified; and Department of State under any law shall be
‘‘(ii) The text of all international agree- ‘‘(B) shall apply to any information, in- available for obligation or expenditure to
ments and qualifying non-binding instru- cluding the text of an international agree- conclude or implement or to support the con-
ments described in clause (i). ment, that is unclassified, except that the clusion or implementation of (including
‘‘(iii) A statement describing any new or information required by subparagraph through the use of personnel or resources
amended statutory or regulatory authority (B)(iii) of subsection (a)(1) and clauses (iii) subject to the authority of a chief of mis-
anticipated to be required to fully imple- and (iv) of subparagraph (C) of such sub- sion) an international agreement, other than
ment each proposed international agreement section shall not be subject to the require- to facilitate compliance with this section,
and qualifying non-binding instrument in- ment under paragraph (1) if the international until the Secretary satisfies the substantive
cluded in the list described in clause (i). agreement to which it relates is classified. requirements in subsection (a) with respect
‘‘(iv) A statement of whether there were ‘‘(3)(A) Not less frequently than once every to that international agreement.
any opportunities for public comment on the 90 calendar days, the Secretary shall make ‘‘(2)(A) An obligation or expenditure of
international agreement or qualifying non- the text of all unclassified qualifying non- funds that does not comply with the prohibi-
binding instrument prior to the conclusion binding instruments that become operative tion described in paragraph (1) shall not con-
of such agreement or instrument. available to the public on the website of the stitute a violation of paragraph (1) or any
‘‘(2) The Secretary may provide any of the Department of State. other law if such violation was inadvertent.
information or texts of international agree- ‘‘(B) The requirement under subparagraph ‘‘(B) For purposes of this subsection, a vio-
ments and qualifying non-binding instru- (A) shall not apply to a qualifying non-bind- lation shall be considered to be inadvertent
ments required under paragraph (1) in classi- ing instrument if making the text of that in- if, not later than 5 business days after the
fied form if providing such information in strument available to the public could rea- date on which a Department of State official
unclassified form could reasonably be ex- sonably be expected to cause damage to the first learns of the violation, the Secretary—
pected to cause damage to the foreign rela- foreign relations or foreign activities of the ‘‘(i) certifies in writing to the appropriate
tions or foreign activities of the United United States. congressional committees that, to the Sec-
States. ‘‘(c) For any international agreement or retary’s knowledge, the Department of State
‘‘(3) In the case of a general authorization qualifying non-binding instrument, not later was unaware of the violation at the time of
issued for the negotiation or conclusion of a than 30 calendar days after the date on which the obligation or expenditure; and
ctelli on DSK11ZRN23PROD with SENATE
series of international agreements of the the Secretary receives a written communica- ‘‘(ii) satisfies the substantive requirements
same general type, the requirements of this tion from the Chair or Ranking Member of in subsection (a) with respect to the inter-
subsection may be satisfied by the provision either of the appropriate congressional com- national agreement concerned.
in writing of— mittees requesting copies of any imple- ‘‘(3) This subsection shall take effect on
‘‘(A) a single notification containing all menting agreements or instruments, wheth- October 1, 2022.
the information required by this subsection; er binding or non-binding, the Secretary ‘‘(i)(1) Not later than 3 years after the date
and shall submit such implementing agreements of the enactment of this Act, and not less
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S7620 CONGRESSIONAL RECORD — SENATE November 2, 2021
frequently than once every 2 years there- ‘‘(A) the Committee on Foreign Relations (5) RULES AND REGULATIONS.—Not later
after, the Comptroller General of the United of the Senate; and than 180 days after the date of the enactment
States shall conduct an audit of the compli- ‘‘(B) the Committee on Foreign Affairs of of this Act, the President shall, through the
ance of the Secretary with the requirements the House of Representatives. Secretary of State, promulgate such rules
of this section. ‘‘(2) The term ‘Deputy Secretary’ means and regulations as may be necessary to carry
‘‘(2) In any instance in which a failure by the Deputy Secretary of State. out section 112b of title 1, United States
the Secretary to comply with such require- ‘‘(3) The term ‘intelligence community’ Code, as amended by this subsection.
ments is determined by the Comptroller Gen- has the meaning given that term in section (b) SECTION 112A OF TITLE 1.—Section 112a
eral to have been due to the failure or refusal 3(4) of the National Security Act of 1947 (50 of title 1, United States Code, is amended—
of another agency to provide information or U.S.C. 3003(4)). (1) in subsection (a), by striking ‘‘(a) The
material to the Department of State, or the ‘‘(4) The term ‘international agreement’ in- Secretary’’ and inserting ‘‘The Secretary’’;
failure to do so in a timely manner, the cludes— and
Comptroller General shall engage such other ‘‘(A) any treaty that requires the advice (2) by striking subsections (b), (c), and (d).
agency to determine— and consent of the Senate, pursuant to arti- ---
‘‘(A) the cause and scope of such failure or cle II of the Constitution of the United SA 4152. Ms. HASSAN submitted an
refusal; States; and amendment intended to be proposed to
‘‘(B) the specific office or offices respon- ‘‘(B) any other international agreement to
amendment SA 3867 submitted by Mr.
sible for such failure or refusal; and which the United States is a party and that
is not subject to the advice and consent of REED and intended to be proposed to
‘‘(C) penalties or other recommendations
for measures to ensure compliance with stat- the Senate. the bill H.R. 4350, to authorize appro-
utory requirements. ‘‘(5)(A) The term ‘qualifying non-binding priations for fiscal year 2022 for mili-
‘‘(3) The Comptroller General shall submit instrument’ means a non-binding instrument tary activities of the Department of
to the appropriate congressional committees that— Defense, for military construction, and
in writing the results of each audit required ‘‘(i) is or will be under negotiation or is for defense activities of the Depart-
by paragraph (1). signed or otherwise becomes operative with ment of Energy, to prescribe military
‘‘(4) The Comptroller General and the Sec- one or more foreign governments, inter-
national organizations, or foreign entities, personnel strengths for such fiscal
retary shall make the results of each audit
required by paragraph (1) publicly available including non-state actors; and year, and for other purposes; which was
on the websites of the Government Account- ‘‘(ii)(I) could reasonably be expected to ordered to lie on the table; as follows:
ability Office and the Department of State, have a significant impact on the foreign pol- At the end of subtitle F of title V, add the
respectively. icy of the United States; or following:
‘‘(j)(1) Not later than February 1 of each ‘‘(II) is the subject of a written commu- SEC. 583.
ESTABLISHMENT OF EXCEPTIONAL
year, the Secretary shall submit to the ap- nication from the Chair or Ranking Member FAMILY MEMBER PROGRAM ADVI-
propriate congressional committees a writ- of either of the appropriate congressional SORY COUNCIL.
ten report that contains a list of— committees to the Secretary. (a) ESTABLISHMENT.—Chapter 7 of title 10,
‘‘(A) all international agreements and ‘‘(B) The term ‘qualifying non-binding in- United States Code, is amended by inserting
qualifying non-binding instruments that strument’ does not include any non-binding before section 187 the following new section
were signed or otherwise concluded, entered instrument that is signed or otherwise be- 186:
into force or otherwise became operative, or comes operative pursuant to the authorities
‘‘§ 186. Exceptional Family Member Program
that were modified or otherwise amended provided in title 10 or the authorities pro-
Advisory Council
during the preceding calendar year; and vided to any element of the intelligence
community. ‘‘(a) ESTABLISHMENT.—There is an Excep-
‘‘(B) for each agreement and instrument
‘‘(6) The term ‘Secretary’ means the Sec- tional Family Member Program Advisory
included in the list under subparagraph (A)—
retary of State. Council in the Department of Defense (in
‘‘(i) the dates of any action described in
‘‘(7)(A) The term ‘text’ with respect to an this section referred to as the ‘Council’).
such subparagraph;
international agreement or qualifying non- ‘‘(b) PURPOSE.—The purpose of the Council
‘‘(ii) the title of the agreement or instru-
binding instrument includes— is to provide, to the Subcommittees on Mili-
ment; and
‘‘(i) any annex, appendix, codicil, side tary Personnel of the Committees on Armed
‘‘(iii) a summary of the agreement or in-
agreement, side letter, or any document of Services of the Senate and House of Rep-
strument (including a description of the du-
similar purpose or function to the aforemen- resentatives, the Secretary of Defense, and
ration of activities under the agreement or
tioned, regardless of the title of the docu- the chiefs of the covered armed forces, rec-
instrument and a description of the agree-
ment, that is entered into contempora- ommendations regarding how to improve the
ment or instrument).
‘‘(2) The report described in paragraph (1) neously and in conjunction with the inter- Exceptional Family Member Program. The
shall be submitted in unclassified form, but national agreement or qualifying non-bind- Council shall provide such recommendations
may include a classified annex. ing instrument; and not less than once every six months.
‘‘(3)(A) The Secretary should make the re- ‘‘(ii) any implementing agreement or ar- ‘‘(c) COMPOSITION.—The Council shall be
port, except for any classified annex, avail- rangement, or any document of similar pur- composed of the following:
able to the public on the website of the De- pose or function to the aforementioned re- ‘‘(1) One member of each covered armed
partment of State. gardless of the title of the document, that is force—
‘‘(B) Not later than February 1 of each entered into contemporaneously and in con- ‘‘(A) serving on active duty;
year, the Secretary shall make available to junction with the international agreement ‘‘(B) who has a dependent—
the public on the website of the Department or qualifying non-binding instrument. ‘‘(i) enrolled in the Exceptional Family
of State each part of the report involving an ‘‘(B) Under clauses (i) and (ii) of subpara- Member Program; and
international agreement or qualifying non- graph (A), the term ‘contemporaneously and ‘‘(ii) with an individualized education pro-
binding instrument that entered into force in conjunction with’ shall be construed lib- gram; and
or became operative during the preceding erally and shall not be interpreted to mean ‘‘(C) appointed by the Vice Chief of Staff of
calendar year, except for any classified simultaneously or on the same day.’’. the covered armed force concerned.
annex or information contained therein. (2) CLERICAL AMENDMENT.—The table of ‘‘(2) Two military spouses—
‘‘(4) Not less frequently than once every 90 sections at the beginning of chapter 2 of title ‘‘(A) of members eligible to be appointed
calendar days, the Secretary shall brief the 1, United States Code, is amended by strik- under paragraph (1);
appropriate congressional committees on de- ing the item relating to section 112b and in- ‘‘(B) who are not civilian employees of the
velopments with regard to treaties, other serting the following: Department of Defense;
international agreements, and non-binding ‘‘112b. United states international agree- ‘‘(C) one of whom is married to an enlisted
instruments that have an important effect ments; transparency provi- member and one of whom is married to an of-
on the foreign relations of the United States. sions.’’. ficer; and
‘‘(k) The President shall, through the Sec- (3) TECHNICAL AND CONFORMING AMENDMENT ‘‘(D) appointed by the Vice Chief of Staff of
retary, promulgate such rules and regula- RELATING TO AUTHORITIES OF THE SECRETARY the covered armed force concerned.
tions as may be necessary to carry out this OF STATE.—Section 317(h)(2) of the Homeland ‘‘(3) One adult dependent—
section. Security Act of 2002 (6 U.S.C. 195c(h)(2)) is ‘‘(A) enrolled in the Exceptional Family
‘‘(l) It is the sense of Congress that the ex- amended by striking ‘‘Section 112b(c)’’ and Member Program; and
ecutive branch should not prescribe or other- inserting ‘‘Section 112b(g)’’. ‘‘(B) appointed by the Vice Chief of Staff of
ctelli on DSK11ZRN23PROD with SENATE
wise commit to or include specific legislative (4) AUTHORIZATION OF APPROPRIATIONS.— the covered armed force concerned.
text in a treaty, executive agreement, or There is authorized to be appropriated to the ‘‘(4) One representative of the Exceptional
non-binding instrument unless Congress has Department of State $1,000,000 for each of fis- Family Member Program Coalition.
authorized such action. cal years 2022 through 2026 for purposes of ‘‘(5) One member of the Defense Health
‘‘(m) In this section: implementing the requirements of section Agency.
‘‘(1) The term ‘appropriate congressional 112b of title 1, United States Code, as amend- ‘‘(6) One member of the Department of De-
committees’ means— ed by this subsection. fense Education Activity.
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7621
‘‘(7) One member of the Office of Special ment intended to be proposed to ‘‘(I) operational requirements articulated
Needs. amendment SA 3867 submitted by Mr. in the certification and related to the agency
‘‘(d) APPOINTMENTS.—In making appoint- information system would make it exces-
REED and intended to be proposed to
ments under subsection (c), the Vice Chief of sively burdensome to implement the par-
Staff of the covered armed force concerned the bill H.R. 4350, to authorize appro-
ticular requirement;
shall seek to represent the diversity of the priations for fiscal year 2022 for mili-
‘‘(II) the particular requirement is not nec-
disability community. tary activities of the Department of essary to secure the agency information sys-
‘‘(e) TERMS.—Each member of the Council Defense, for military construction, and
shall serve a term of two years, except one of tem or agency information stored on or
for defense activities of the Depart- transiting the agency information system;
the original members appointed under sub-
ment of Energy, to prescribe military and
section (c)(2), selected by the Secretary of
Defense at the time of appointment, one personnel strengths for such fiscal ‘‘(III) the agency has taken all necessary
shall be appointed for a term of three years. year, and for other purposes; which was steps to secure the agency information sys-
‘‘(f) MEETINGS.—The Council shall meet at ordered to lie on the table; as follows: tem and agency information stored on or
least once every calendar quarter, in person At the end of subtitle E of title III, add the transiting the agency information system;
or by teleconference. following: ‘‘(ii) the head of the agency or the designee
‘‘(g) COVERED ARMED FORCE DEFINED.—In of the head of the agency has submitted the
SEC. 376. TRAINING FOR NATIONAL GUARD PER-
this section, the term ‘covered armed force’ SONNEL ON WILDFIRE RESPONSE. certification described in clause (i) to the ap-
means an armed force under the jurisdiction propriate congressional committees and any
The Secretary of the Army and the Sec-
of the Secretary of a military department.’’. other congressional committee with jurisdic-
(b) TECHNICAL AND CONFORMING AMEND- retary of the Air Force may, in consultation
MENTS.—
with the Chief of the National Guard Bureau, tion over the agency; and
(1) TABLE OF SECTIONS.—The table of sec- provide support for training of appropriate ‘‘(iii) the Director grants the exemption
tions at the beginning of such chapter is personnel of the National Guard on wildfire from the particular requirement.
amended by inserting before the item relat- response and prevention, with preference ‘‘(B) DURATION OF EXEMPTION.—
ing to section 187 the following new item: given to military installations with the ‘‘(i) IN GENERAL.—An exemption granted
highest wildfire suppression need. under subparagraph (A) shall expire on the
‘‘186. Exceptional Family Member Program
Advisory Council.’’. date that is 1 year after the date on which
SA 4155. Mr. WYDEN (for himself and the Director grants the exemption.
(2) TERMINATION OF ADVISORY PANEL ON
COMMUNITY SUPPORT FOR MILITARY FAMILIES
Mr. CORNYN) submitted an amendment ‘‘(ii) RENEWAL.—Upon the expiration of an
WITH SPECIAL NEEDS.—Section 563 of the Na- intended to be proposed to amendment exemption granted to an agency under sub-
tional Defense Authorization Act for Fiscal SA 3867 submitted by Mr. REED and in- paragraph (A), the head of the agency may
Year 2010 (Public Law 111–84; 10 U.S.C. 1781c tended to be proposed to the bill H.R. apply for an additional exemption.’’.
note) is amended by striking subsection (d). 4350, to authorize appropriations for (b) REPORT ON EXEMPTIONS.—Section
fiscal year 2022 for military activities 3554(c)(1)(A) of title 44, United States Code, is
SA 4153. Ms. HASSAN submitted an of the Department of Defense, for mili- amended—
amendment intended to be proposed to (1) in clause (iii), by striking ‘‘and’’ at the
tary construction, and for defense ac-
amendment SA 3867 submitted by Mr. end;
tivities of the Department of Energy,
REED and intended to be proposed to (2) by redesignating clause (iv) as clause
to prescribe military personnel
the bill H.R. 4350, to authorize appro- (v); and
strengths for such fiscal year, and for
priations for fiscal year 2022 for mili- (3) by inserting after clause (iii) the fol-
tary activities of the Department of other purposes; which was ordered to
lowing:
Defense, for military construction, and lie on the table; as follows: ‘‘(iv) with respect to any exemptions the
for defense activities of the Depart- At the end of subtitle G of title XII, add agency is granted by the Director of the Of-
the following: fice of Management and Budget under sec-
ment of Energy, to prescribe military
SEC. 1283. MODIFICATION OF AUTHORITY OF tion 225(b)(2) of the Federal Cybersecurity
personnel strengths for such fiscal PRESIDENT UNDER EXPORT CON-
year, and for other purposes; which was Enhancement Act of 2015 (6 U.S.C. 1523(b)(2))
TROL REFORM ACT OF 2018.
that is effective on the date of submission of
ordered to lie on the table; as follows: Section 1753(a)(2)(F) of the Export Control the report—
At the end of subtitle E of title V, add the Reform Act of 2019 (50 U.S.C. 4812(a)(2)(F)) is
‘‘(I) an identification of the particular re-
following: amended by inserting ‘‘, security, or’’ before
quirements from which any agency informa-
SEC. 576. AMENDMENTS TO PATHWAYS FOR ‘‘intelligence’’.
COUNSELING IN THE TRANSITION
tion system (as defined in section 2210 of the
ASSISTANCE PROGRAM. Homeland Security Act of 2002 (6 U.S.C. 660))
SA 4156. Mr. WYDEN submitted an
Section 1142(c)(1) of title 10, United States is exempted; and
amendment intended to be proposed to ‘‘(II) for each requirement identified under
Code, is amended—
amendment SA 3867 submitted by Mr. subclause (I)—
(1) in subparagraph (E), by striking ‘‘Dis-
ability’’ and inserting ‘‘Potential or con-
REED and intended to be proposed to ‘‘(aa) an identification of the agency infor-
firmed medical discharge of the member’’; the bill H.R. 4350, to authorize appro- mation system described in subclause (I) ex-
(2) in subparagraph (F), by striking ‘‘Char- priations for fiscal year 2022 for mili- empted from the requirement; and
acter’’ and all that follows through the pe- tary activities of the Department of ‘‘(bb) an estimate of the date on which the
riod at the end and inserting ‘‘Potential or Defense, for military construction, and agency will to be able to comply with the re-
confirmed involuntary separation of the for defense activities of the Depart- quirement; and’’.
member.’’; ment of Energy, to prescribe military (c) EFFECTIVE DATE.—This section and the
(3) by redesignating subparagraph (M) as personnel strengths for such fiscal amendments made by this section shall take
subparagraph (R); and
(4) by inserting after subparagraph (L) the
year, and for other purposes; which was effect on the date that is 1 year after the
following new subparagraphs: ordered to lie on the table; as follows: date of enactment of this Act.
‘‘(M) Child care requirements of the mem- At the appropriate place, insert the fol-
ber (including whether a dependent of the lowing:
member is enrolled in the Exceptional Fam- SEC. lll. FEDERAL CYBERSECURITY REQUIRE-
SA 4157. Mr. WYDEN submitted an
ily Member Program). MENTS. amendment intended to be proposed to
‘‘(N) The employment status of other (a) EXEMPTION FROM FEDERAL REQUIRE- amendment SA 3867 submitted by Mr.
adults in the household of the member. MENTS.—Section 225(b)(2) of the Federal Cy- REED and intended to be proposed to
‘‘(O) The location of the duty station of the bersecurity Enhancement Act of 2015 (6
the bill H.R. 4350, to authorize appro-
member (including whether the member was U.S.C. 1523(b)(2)) is amended to read as fol-
separated from family while on duty). lows: priations for fiscal year 2022 for mili-
‘‘(P) The effects of operating tempo and ‘‘(2) EXCEPTION.— tary activities of the Department of
personnel tempo on the member and the ‘‘(A) IN GENERAL.—A particular require- Defense, for military construction, and
household of the member. ment under paragraph (1) shall not apply to for defense activities of the Depart-
‘‘(Q) Whether the member is an Indian or an agency information system of an agency
ment of Energy, to prescribe military
ctelli on DSK11ZRN23PROD with SENATE
urban Indian, as those terms are defined in if—
section 4 of the Indian Health Care Improve- ‘‘(i) with respect to the agency information personnel strengths for such fiscal
ment Act (Public Law 94–437; 25 U.S.C. system, the head of the agency submits to year, and for other purposes; which was
1603).’’. the Director an application for an exemption ordered to lie on the table; as follows:
from the particular requirement, in which
SA 4154. Mr. WYDEN (for himself and the head of the agency personally certifies to At the appropriate place in title X, insert
Mr. MERKLEY) submitted an amend- the Director with particularity that— the following:
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S7622 CONGRESSIONAL RECORD — SENATE November 2, 2021
SEC. lll. REQUIREMENT FOR DIRECTOR OF year, and for other purposes; which was human-based training methods for the pur-
NATIONAL INTELLIGENCE AND DI- pose of training members of the armed forces
RECTOR OF THE FEDERAL BUREAU
ordered to lie on the table; as follows:
in the treatment of combat trauma injuries
OF INVESTIGATION TO UNDERTAKE At the appropriate place in title X, insert
AN EFFORT TO IDENTIFY INTER- with the goal of replacing live animal-based
the following:
NATIONAL MOBILE SUBSCRIBER training methods.
SEC. lll. REPORT ON SURVEILLANCE THREAT
IDENTITY-CATCHERS AND DEVELOP ‘‘(2) Not later than October 1, 2026, the Sec-
POSED BY FOREIGN GOVERNMENTS
COUNTERMEASURES. AND CRIMINALS USING CELL-SITE retary—
Section 5725(a) of the Damon Paul Nelson SIMULATORS NEAR FACILITIES OF ‘‘(A) shall only use human-based training
and Matthew Young Pollard Intelligence Au- THE DEPARTMENT OF DEFENSE. methods for the purpose of training members
thorization Act for Fiscal Years 2018, 2019, (a) REPORT REQUIRED.—Not later than 180 of the armed forces in the treatment of com-
and 2020 (Public 116–92; 50 U.S.C. 3024 note) is days after the date of the enactment of this bat trauma injuries; and
amended, in the matter before paragraph (1), Act, the Secretary of Defense shall submit to ‘‘(B) may not use animals for such purpose.
by striking ‘‘may’’ and inserting ‘‘shall’’. the congressional defense committees a re- ‘‘(b) EXCEPTION FOR PARTICULAR COMMANDS
port on the surveillance threat posed by for- AND TRAINING METHODS.—(1) The Secretary
SA 4158. Mr. WYDEN submitted an eign governments and criminals using cell- may exempt a particular command, par-
amendment intended to be proposed to site simulators near facilities of the Depart- ticular training method, or both, from the
amendment SA 3867 submitted by Mr. ment of Defense to target the Government- requirement for human-based training meth-
REED and intended to be proposed to issued and personal mobile telephones of per- ods under subsection (a)(2) if the Secretary
sonnel of the Department. determines that human-based training meth-
the bill H.R. 4350, to authorize appro-
(b) CONTENTS.—The report submitted under ods will not provide an educationally equiva-
priations for fiscal year 2022 for mili- lent or superior substitute for live animal-
subsection (a) shall include the following:
tary activities of the Department of based training methods for such command or
(1) A detailed plan for addressing the
Defense, for military construction, and threat described in subsection (a) for facili- training method, as the case may be.
for defense activities of the Depart- ties of the Department located in the United ‘‘(2) Any exemption under this subsection
ment of Energy, to prescribe military States and for facilities of the Department shall be for such period, not more than one
personnel strengths for such fiscal located outside the United States. year, as the Secretary shall specify in grant-
year, and for other purposes; which was (2) An estimate of the initial and ongoing ing the exemption. Any exemption may be
costs necessary to address such threat and renewed (subject to the preceding sentence).
ordered to lie on the table; as follows: ‘‘(c) ANNUAL REPORTS.—(1) Not later than
At the appropriate place in title XVI, in- the time it would take to do so.
(3) A description of any legal, regulatory, October 1, 2022, and each year thereafter, the
sert the following: Secretary shall submit to the congressional
SEC. lll. REPORT ON COMBATING DIGITAL
or policy impediments, if any, impeding the
Secretary from addressing such threat, and defense committees a report on the develop-
AUTHORITARIANISM.
proposals to address such impediments. ment and implementation of human-based
(a) REPORT REQUIRED.—Not later than 180 training methods for the purpose of training
days after the date of the enactment of this (c) FORM.—The report submitted under
subsection (a) shall be submitted in unclassi- members of the armed forces in the treat-
Act, the Secretary of Defense shall submit to ment of combat trauma injuries under this
the appropriate committees of Congress a re- fied form, but may include a classified
annex. section.
port presenting and evaluating options ‘‘(2) Each report under this subsection on
through which the Department of Defense (d) PUBLICATION.—The Secretary shall
make available to the public on an internet or after October 1, 2026, shall include a de-
can combat digital authoritarianism, includ- scription of any exemption under subsection
ing through research and development. website the unclassified portion of the report
submitted under subsection (a). (b) that is in force at the time of such report,
(b) CONSULTATION.—In preparing the report
(e) DEFINITIONS.—In this section: and a current justification for such exemp-
required by subsection (a), the Secretary
(1) The term ‘‘cell-site simulator’’ means tion.
shall consult with the following: ‘‘(d) DEFINITIONS.—In this section:
(1) The Assistant Secretary of State for any device that functions as or simulates a
base station for commercial mobile services ‘‘(1) The term ‘combat trauma injuries’
Democracy, Human Rights, and Labor. means severe injuries likely to occur during
(2) The Chief Executive Officer of the or private mobile services in order to iden-
tify, locate, or intercept transmissions from combat, including—
United States Agency for Global Media. ‘‘(A) hemorrhage;
(3) The Under Secretary of Industry and cellular devices for purposes other than pro-
viding ordinary commercial mobile services ‘‘(B) tension pneumothorax;
Security. ‘‘(C) amputation resulting from blast in-
(4) The Deputy United States Trade Rep- or private mobile services.
(2) The term ‘‘commercial mobile service’’ jury;
resentative responsible for digital trade. ‘‘(D) compromises to the airway; and
(5) The Deputy Under Secretary of Labor has the meaning given such term in section
332 of the Communications Act of 1934 (47 ‘‘(E) other injuries.
for International Labor Affairs. ‘‘(2) The term ‘human-based training meth-
(c) FORM.—The report submitted under U.S.C. 332).
(3) The term ‘‘private mobile service’’ has ods’ means, with respect to training individ-
subsection (a) shall be submitted in unclassi-
the meaning given that term in section 332 of uals in medical treatment, the use of sys-
fied form, but may include a classified
the Communications Act of 1934 (47 U.S.C. tems and devices that do not use animals, in-
annex.
(d) PUBLICATION.—The Secretary shall pub- 332). cluding—
lish the unclassified portion of the report ‘‘(A) simulators;
submitted under subsection (a) on a publicly SA 4160. Mr. WYDEN submitted an ‘‘(B) partial task trainers;
available website of the Department of De- amendment intended to be proposed to ‘‘(C) moulage;
fense. ‘‘(D) simulated combat environments;
amendment SA 3867 submitted by Mr. ‘‘(E) human cadavers; and
(e) APPROPRIATE COMMITTEES OF CONGRESS REED and intended to be proposed to
DEFINED.—In this section the term ‘‘appro- ‘‘(F) rotations in civilian and military
the bill H.R. 4350, to authorize appro- trauma centers.
priate committees of Congress’’ includes—
(1) the congressional defense committees; priations for fiscal year 2022 for mili- ‘‘(3) The term ‘partial task trainers’ means
(2) the Select Committee on Intelligence, tary activities of the Department of training aids that allow individuals to learn
the Committee on Finance, and the Com- Defense, for military construction, and or practice specific medical procedures.’’.
mittee on Foreign Relations of the Senate; for defense activities of the Depart- (b) CLERICAL AMENDMENT.—The table of
and ment of Energy, to prescribe military sections at the beginning of chapter 101 of
(3) the Permanent Select Committee on In- such title is amended by adding at the end
personnel strengths for such fiscal the following new item:
telligence, the Committee on Ways and year, and for other purposes; which was
Means, and the Committee on Foreign Af- ‘‘2018. Use of human-based methods for cer-
ordered to lie on the table; as follows: tain medical training.’’.
fairs of the House of Representatives.
At the end of subtitle B of title VII, add
SA 4159. Mr. WYDEN submitted an the following: SA 4161. Mr. WYDEN (for himself and
amendment intended to be proposed to SEC. 728. REQUIREMENT TO USE HUMAN-BASED Ms. LUMMIS) submitted an amendment
METHODS FOR CERTAIN MEDICAL
amendment SA 3867 submitted by Mr. TRAINING.
intended to be proposed to amendment
REED and intended to be proposed to (a) IN GENERAL.—Chapter 101 of title 10, SA 3867 submitted by Mr. REED and in-
the bill H.R. 4350, to authorize appro- United States Code, is amended by adding at tended to be proposed to the bill H.R.
ctelli on DSK11ZRN23PROD with SENATE
priations for fiscal year 2022 for mili- the end the following new section: 4350, to authorize appropriations for
tary activities of the Department of ‘‘§ 2018. Use of human-based methods for cer- fiscal year 2022 for military activities
Defense, for military construction, and tain medical training of the Department of Defense, for mili-
for defense activities of the Depart- ‘‘(a) COMBAT TRAUMA INJURIES.—(1) Not tary construction, and for defense ac-
ment of Energy, to prescribe military later than October 1, 2024, the Secretary of tivities of the Department of Energy,
personnel strengths for such fiscal Defense shall develop, test, and validate to prescribe military personnel
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7623
strengths for such fiscal year, and for the bill H.R. 4350, to authorize appro- this Act, the Secretary, in consultation with
other purposes; which was ordered to priations for fiscal year 2022 for mili- the Oregon Governor’s Council on Wildfire
lie on the table; as follows: tary activities of the Department of Response, shall conduct a wildfire risk as-
Defense, for military construction, and sessment that covers—
Strike sections 511 through 515 and insert
the following: for defense activities of the Depart- (i) the recreation areas designated by para-
graph (1);
SEC. 511. RESPONSIBILITIES FOR NATIONAL MO- ment of Energy, to prescribe military
BILIZATION; PERSONNEL REQUIRE- (ii) the Wild Rogue Wilderness; and
personnel strengths for such fiscal (iii) any Federal land adjacent to an area
MENTS.
year, and for other purposes; which was described in clause (i) or (ii).
The Secretary of Defense shall designate a
senior civilian official within the Office of ordered to lie on the table; as follows: (D) WILDFIRE MITIGATION PLAN.—
the Secretary of Defense as the Executive At the end of subtitle E of title X, add the (i) IN GENERAL.—Not later than 1 year after
Agent for National Mobilization. The Execu- following: the date on which the wildfire risk assess-
tive Agent for National Mobilization shall be SEC. 104lll. OREGON RECREATION ENHANCE- ment is conducted under subparagraph (C),
MENT.
responsible for— the Secretary shall develop a wildfire miti-
(1) developing, managing, and coordinating (a) DEFINITIONS.—In this section: gation plan, based on the wildfire risk as-
policy and plans that address the full spec- (1) SECRETARY.—The term ‘‘Secretary’’ sessment, that identifies, evaluates, and
trum of military mobilization readiness, in- means—
prioritizes treatments and other manage-
cluding full mobilization of personnel from (A) the Secretary of the Interior, with re-
ment activities that can be implemented on
volunteers; and spect to public land administered by the Sec-
the Federal land covered by the wildfire risk
(2) providing Congress with a plan, devel- retary of the Interior; or
assessment (other than Federal land des-
oped to induct large numbers of volunteers (B) the Secretary of Agriculture, with re-
ignated as a unit of the National Wilderness
spect to National Forest System land.
who may respond to a national call for vol- Preservation System) to mitigate wildfire
(2) STATE.—The term ‘‘State’’ means the
unteers during an emergency. risk to communities located near the appli-
State of Oregon.
SEC. 512. REPEAL OF MILITARY SELECTIVE SERV- cable Federal land.
(b) ROGUE CANYON AND MOLALLA RECRE-
ICE ACT. (ii) PLAN COMPONENTS.—The wildfire miti-
ATION AREAS, OREGON.—
(a) REPEAL.—The Military Selective Serv- gation plan developed under clause (i) shall
(1) DESIGNATION OF ROGUE CANYON AND
ice Act (50 U.S.C. 3801 et seq.) is repealed. MOLALLA RECREATION AREAS.—For the pur- include—
(b) TRANSFERS IN CONNECTION WITH RE- (I) vegetation management projects (in-
poses of protecting, conserving, and enhanc-
PEAL.—Notwithstanding the proviso in sec-
ing the unique and nationally important rec- cluding mechanical treatments to reduce
tion 10(a)(4) of the Military Selective Service hazardous fuels and improve forest health
reational, ecological, scenic, cultural, water-
Act (50 U.S.C. 3809(a)(4)), the Office of Selec- and resiliency);
shed, and fish and wildlife values of the
tive Service Records shall not be reestab- (II) evacuation routes for communities lo-
areas, the following areas in the State are
lished upon the repeal of the Act. Not later cated near the applicable Federal land,
designated as recreation areas for manage-
than 180 days after the date of the enactment which shall be developed in consultation
ment by the Secretary in accordance with
of this Act, the assets, contracts, property, paragraph (3): with State and local fire agencies; and
and records held by the Selective Service (A) ROGUE CANYON RECREATION AREA.—The (III) strategies for public dissemination of
System, and the unexpended balances of any approximately 98,150 acres of Bureau of Land emergency evacuation plans and routes.
appropriations available to the Selective Management land within the boundary gen- (iii) APPLICABLE LAW.—The wildfire mitiga-
Service System, shall be transferred to the erally depicted as the ‘‘Rogue Canyon Recre- tion plan under clause (i) shall be developed
Administrator of General Services upon the ation Area’’ on the map entitled ‘‘Rogue in accordance with—
repeal of the Act. The Director of the Office Canyon Recreation Area Wild Rogue Wilder- (I) this subsection; and
of Personnel Management shall assist offi- ness Additions’’ and dated November 19, 2019, (II) any other applicable law.
cers and employees of the Selective Service which is designated as the ‘‘Rogue Canyon (E) ROAD CONSTRUCTION.—
System to transfer to other positions in the Recreation Area’’. (i) IN GENERAL.—Except as provided in
executive branch. (B) MOLALLA RECREATION AREA.—The ap-
(c) EFFECT ON EXISTING SANCTIONS.— clause (ii) or as the Secretary determines
proximately 29,884 acres of Bureau of Land necessary for public safety, no new perma-
(1) Notwithstanding any other provision of Management land within the boundary gen-
law, a person may not be denied a right, nent or temporary roads shall be constructed
erally depicted on the map entitled ‘‘Molalla (other than the repair and maintenance of
privilege, benefit, or employment position Recreation Area’’ and dated September 26,
under Federal law on the grounds that the existing roads) within a recreation area des-
2018, which is designated as the ‘‘Molalla ignated by paragraph (1).
person failed to present himself for and sub- Recreation Area’’.
mit to registration under section 3 of the (ii) TEMPORARY ROADS.—Consistent with
(2) MAPS AND LEGAL DESCRIPTIONS.— the purposes of this section, the Secretary
Military Selective Service Act (50 U.S.C. (A) IN GENERAL.—As soon as practicable
3802), before the repeal of that Act by sub- may construct temporary roads within a
after the date of enactment of this Act, the
section (a). recreation area designated by paragraph (1)
Secretary shall prepare a map and legal de-
(2) A State, political subdivision of a State, to implement the wildfire mitigation plan
scription of each recreation area designated
or political authority of two or more States developed under subparagraph (D), unless the
by paragraph (1).
may not enact or enforce a law, regulation, (B) EFFECT.—The maps and legal descrip- temporary road would be within an area des-
or other provision having the force and effect tions prepared under subparagraph (A) shall ignated as a unit of the National Wilderness
of law to penalize or deny any privilege or have the same force and effect as if included Preservation System.
benefit to a person who failed to present in this section, except that the Secretary (iii) EFFECT.—Nothing in this subpara-
himself for and submit to registration under may correct any minor errors in the maps graph affects the administration by the Sec-
section 3 of the Military Selective Service and legal descriptions. retary of the Molalla Forest Road in accord-
Act (50 U.S.C. 3802), before the repeal of that (C) PUBLIC AVAILABILITY.—The maps and ance with applicable resource management
Act by subsection (a). In this section, legal descriptions prepared under subpara- plans.
‘‘State’’ means a State, the District of Co- graph (A) shall be available for public inspec- (F) EFFECT ON WILDFIRE MANAGEMENT.—
lumbia, and a territory or possession of the tion in the appropriate offices of the Bureau Nothing in this subsection alters the author-
United States. of Land Management. ity of the Secretary (in cooperation with
(3) Failing to present oneself for and sub- (3) ADMINISTRATION.— other Federal, State, and local agencies, as
mit to registration under section 3 of the (A) APPLICABLE LAW.—The Secretary shall appropriate) to conduct wildland fire oper-
Military Selective Service Act (50 U.S.C. administer each recreation area designated ations within a recreation area designated
3802), before the repeal of that Act by sub- by paragraph (1)— by paragraph (1), consistent with the pur-
section (a), shall not be reason for any entity (i) in a manner that conserves, protects, poses of this section.
of the United States Government to deter- and enhances the purposes for which the (G) WITHDRAWAL.—Subject to valid exist-
mine that a person lacks good moral char- recreation area is established; and ing rights, all Federal surface and subsurface
acter or is unsuited for any privilege or ben- (ii) in accordance with— land within a recreation area designated by
efit. (I) this subsection; paragraph (1) is withdrawn from all forms
(d) CONSCIENTIOUS OBJECTORS.—Nothing (II) the Federal Land Policy and Manage- of—
contained in this section shall be construed ment Act of 1976 (43 U.S.C. 1701 et seq.); and (i) entry, appropriation, or disposal under
to undermine or diminish the rights of con- (III) other applicable laws. the public land laws;
ctelli on DSK11ZRN23PROD with SENATE
scientious objectors under laws and regula- (B) USES.—The Secretary shall only allow (ii) location, entry, and patent under the
tions of the United States. those uses of a recreation area designated by mining laws; and
--- paragraph (1) that are consistent with the (iii) disposition under all laws pertaining
SA 4162. Mr. WYDEN submitted an purposes for which the recreation area is es- to mineral leasing, geothermal leasing, or
amendment intended to be proposed to tablished. mineral materials.
amendment SA 3867 submitted by Mr. (C) WILDFIRE RISK ASSESSMENT.—Not later (H) NO EFFECT ON WILDERNESS AREAS.—Any
REED and intended to be proposed to than 280 days after the date of enactment of wilderness area located within a recreation
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S7624 CONGRESSIONAL RECORD — SENATE November 2, 2021
area designated by paragraph (1) shall be ad- quired by the Federal Government after the (b) FORM.—The report submitted under
ministered in accordance with the Wilder- date of enactment of this Act. subsection (a) shall be submitted in unclassi-
ness Act (16 U.S.C. 1131 et seq.). (B) MAPS.—The term ‘‘Maps’’ means— fied form.
(4) ADJACENT MANAGEMENT.—Nothing in (i) the Bureau of Land Management map
this subsection creates any protective perim- entitled ‘‘Hunter Creek and Pistol River (c) DETERMINATION OF PARTIES TO A COMMU-
eter or buffer zone around a recreation area Headwaters Withdrawal Proposal’’ and dated NICATION.—In determining under this section
designated by paragraph (1). January 12, 2015; and whether a party to a communication is like-
(c) EXPANSION OF WILD ROGUE WILDERNESS (ii) the Bureau of Land Management map ly to be located inside or outside the United
AREA.— entitled ‘‘Rough and Ready and Baldface States, the Secretary shall consider the
(1) DEFINITIONS.—In this subsection: Creeks Mineral Withdrawal Proposal’’ and Internet Protocol (IP) address used by the
(A) MAP.—The term ‘‘map’’ means the map dated January 12, 2015. party to the communication, but may also
entitled ‘‘Rogue Canyon Recreation Area (2) WITHDRAWAL.—Subject to valid existing consider other information known to the
Wild Rogue Wilderness Additions’’ and dated rights, the eligible Federal land is withdrawn
November 19, 2019. Secretary.
from all forms of—
(B) WILDERNESS ADDITIONS.—The term (A) entry, appropriation, or disposal under (d) DEFINITIONS.—In this section:
‘‘Wilderness additions’’ means the land added the public land laws; (1) The term ‘‘covered entities’’ means the
to the Wild Rogue Wilderness under para- (B) location, entry, and patent under the Defense Agencies, Department of Defense ac-
graph (2)(A). mining laws; and tivities, and components of the Department
(2) EXPANSION OF WILD ROGUE WILDERNESS (C) operation under the mineral leasing that—
AREA.— and geothermal leasing laws. (A) are under the authority, direction, and
(A) EXPANSION.—The approximately 59,512 (3) AVAILABILITY OF MAPS.—Not later than control of the Under Secretary of Defense for
acres of Federal land in the State generally 30 days after the date of enactment of this Intelligence and Security; or
depicted on the map as ‘‘Proposed Wilder- Act, the Maps shall be made available to the (B) over which the Under Secretary exer-
ness’’ shall be added to and administered as public at each appropriate office of the Bu- cises planning, policy, funding, or strategic
part of the Wild Rogue Wilderness in accord- reau of Land Management. oversight authority.
ance with the Endangered American Wilder- (4) EXISTING USES NOT AFFECTED.—Except (2) The term ‘‘covered records’’ includes
ness Act of 1978 (16 U.S.C. 1132 note; Public with respect to the withdrawal under para- the following:
Law 95–237), except that— graph (2), nothing in this subsection restricts (A) Location data generated by phones
(i) the Secretary of the Interior and the that are likely to be located in the United
recreational uses, hunting, fishing, forest
Secretary of Agriculture shall administer
management activities, or other authorized States.
the Federal land under their respective juris-
uses allowed on the date of enactment of this (B) Domestic phone call records.
diction; and
Act on the eligible Federal land in accord- (C) International phone call records.
(ii) any reference in that Act to the Sec-
ance with applicable law. (D) Domestic text message records.
retary of Agriculture shall be considered to
be a reference to the Secretary of Agri-
--- (E) International text message records.
SA 4163. Mr. WYDEN submitted an (F) Domestic netflow records.
culture or the Secretary of the Interior, as
applicable. amendment intended to be proposed to (G) International netflow records.
(B) MAP; LEGAL DESCRIPTION.— amendment SA 3867 submitted by Mr. (H) Domestic Domain Name System
(i) IN GENERAL.—As soon as practicable REED and intended to be proposed to records.
after the date of enactment of this Act, the the bill H.R. 4350, to authorize appro- (I) International Domain Name System
Secretary shall prepare a map and legal de- records.
priations for fiscal year 2022 for mili-
scription of the wilderness area designated (J) Other types of domestic internet
tary activities of the Department of metadata.
by subparagraph (A). Defense, for military construction, and
(ii) FORCE OF LAW.—The map and legal de- (K) Other types of international internet
scription filed under clause (i) shall have the
for defense activities of the Depart- metadata.
same force and effect as if included in this ment of Energy, to prescribe military (3) The term ‘‘domestic’’ means a tele-
subsection, except that the Secretary may personnel strengths for such fiscal phone or an internet communication in
correct typographical errors in the map and year, and for other purposes; which was which all parties to the communication are
legal description. ordered to lie on the table; as follows: likely to be located in the United States.
(iii) PUBLIC AVAILABILITY.—The map and At the appropriate place XV, insert the fol- (4)(A) The term ‘‘international’’ means a
legal description filed under clause (i) shall lowing: telephone or an internet communication in
be on file and available for public inspection SEC. 15ll. REPORT ON PURCHASE AND USE BY
which one or more parties to the commu-
in the appropriate offices of the Bureau of DEPARTMENT OF DEFENSE OF LO- nication are likely to be located in the
Land Management and Forest Service. CATION DATA GENERATED BY AMER- United States and one or more parties to the
(C) FIRE, INSECTS, AND DISEASE.—The Sec- ICANS’ PHONES AND THEIR INTER- communication are likely to be located out-
retary may take such measures within the NET METADATA. side the United States.
Wilderness additions as the Secretary deter- (a) REPORT REQUIRED.—Not later than 90 (B) The term ‘‘international’’ does not in-
mines to be necessary for the control of fire, days after the date of the enactment of this clude a telephone or an internet communica-
insects, and disease, in accordance with sec- Act, the Secretary of Defense shall submit to tion in which all parties to the communica-
tion 4(d)(1) of the Wilderness Act (16 U.S.C. the congressional defense committees and tion are likely to be located outside the
1133(d)(1)). make available to the public on an internet United States.
(D) WITHDRAWAL.—Subject to valid exist- website of the Department of Defense a re- (5) The term ‘‘obtain in exchange for any-
ing rights, the Wilderness additions are with- port that— thing of value’’ means to obtain by pur-
drawn from all forms of— (1) identifies each covered entity that is chasing, to receive in connection with serv-
(i) entry, appropriation, or disposal under currently, or during the five year period end- ices being provided for consideration, or to
the public land laws; ing on the date of the enactment of this Act otherwise obtain in exchange for consider-
(ii) location, entry, and patent under the was, without a court order— ation, including an access fee, service fee,
mining laws; and (A) obtaining in exchange for anything of maintenance fee, or licensing fee.
(iii) disposition under all laws pertaining value any covered records; and (6)(A) Except as provided in su bparagraph
to mineral leasing, geothermal leasing, or (B) intentionally retaining or inten- (B), the term ‘‘retain’’ means the storage of
mineral materials. tionally using such covered records; and a covered record.
(E) TRIBAL RIGHTS.—Nothing in this para- (2) for each covered entity identified pursu- (B) The term ‘‘retain’’ does not include the
graph alters, modifies, enlarges, diminishes, ant to paragraph (1), identifies— temporary storage of a covered record that
or abrogates the treaty rights of any Indian (A) each category of covered record the will be, but has not yet been, subjected to a
Tribe. covered entity, without a court order, is ob- process in which the covered record, which is
(d) WITHDRAWAL OF FEDERAL LAND, CURRY taining or obtained, in exchange for any- part of a larger compilation containing
COUNTY AND JOSEPHINE COUNTY, OREGON.— thing of value; records that are not covered records, are
(1) DEFINITIONS.—In this subsection: (B) whether the covered entity inten- identified and deleted.
(A) ELIGIBLE FEDERAL LAND.—The term ‘‘el- tionally retained or is intentionally retain- (7)(A) Except as provided in subparagraph
igible Federal land’’ means— ing each category of covered records pursu- (B), the term ‘‘use’’, with respect to a cov-
(i) any federally owned land or interest in ant to subparagraph (A); ered record, includes analyzing, processing,
ctelli on DSK11ZRN23PROD with SENATE
land depicted on the Maps as within the Hun- (C) whether the covered entity inten- or sharing the covered record.
ter Creek and Pistol River Headwaters With- tionally uses or used each category of cov- (B) The term ‘‘use’’ does not include sub-
drawal Proposal or the Rough and Ready and ered records identified pursuant to subpara- jecting the covered record to a process in
Baldface Creeks Mineral Withdrawal Pro- graph (A); and which the covered record, which is part of a
posal; or (D) whether such obtaining, retention, and larger compilation containing records that
(ii) any land or interest in land located use ceased before the date of the enactment are not covered records, are identified and
within such withdrawal proposals that is ac- of this Act or is ongoing. deleted.
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7625
SA 4164. Mr. WYDEN (for himself and take steps so that Taiwan may be treated as fiscal year, and for other purposes;
Mr. MERKLEY) submitted an amend- if it were included in the list of countries eli- which was ordered to lie on the table;
ment intended to be proposed to gible for the strategic trade authorization as follows:
exception under section 740.20(c)(1) of the Ex-
amendment SA 3867 submitted by Mr. At the appropriate place, insert the fol-
port Administration Regulations to the re-
REED and intended to be proposed to quirement for a license for the export, re-ex-
lowing:
the bill H.R. 4350, to authorize appro- SEC. lll. IMPORTANCE OF HISTORICALLY
port, or in-country transfer of an item sub-
BLACK COLLEGES AND UNIVER-
priations for fiscal year 2022 for mili- ject to controls under the Export Adminis- SITIES AND MINORITY-SERVING IN-
tary activities of the Department of tration Regulations. STITUTIONS.
Defense, for military construction, and (c) CRITERIA.—Before the President may (a) INCREASE.—Funds authorized to be ap-
for defense activities of the Depart- treat Taiwan as eligible for the exception de- propriated in Research, Development, Test,
scribed in subsection (b), the President shall and Evaluation, Defense-wide, PE
ment of Energy, to prescribe military
ensure that Taiwan satisfies any applicable 0601228D8Z, section 4201, for Basic Research,
personnel strengths for such fiscal criteria normally required for inclusion in
year, and for other purposes; which was Historically Black Colleges and Universities/
the Country Group A:5 list set forth in Sup- Minority Institutions, Line 7, are hereby in-
ordered to lie on the table; as follows: plement No. 1 to part 740 of the Export Ad- creased by $20,000,000.
At the end of subtitle B of title III, add the ministration Regulations, particularly with (b) OFFSET.—Funding in section 4101 for
following: respect to alignment of export control poli- Other Procurement, Army, for Automated
SEC. 318. LIMITATION ON MODIFICATION OF cies with such policies of the United States. Data Processing Equipment, Line 109, is
TRAINING ACTIVITIES IN OREGON (d) EXPORT ADMINISTRATION REGULATIONS hereby reduced by $20,000,000.
PURSUANT TO RECORD OF DECI- DEFINED.—In this section, the term ‘‘Export
SION FOR ENVIRONMENTAL IMPACT Administration Regulations’’ has the mean-
STATEMENT RELATING TO MOUN-
SA 4168. Mr. SCHATZ (for himself,
ing given that term in section 1742 of the Ex- Ms. MURKOWSKI, and Mr. ROUNDS) sub-
TAIN HOME AIR FORCE BASE,
port Control Reform Act of 2018 (50 U.S.C.
IDAHO. mitted an amendment intended to be
The Secretary of the Air Force shall en- 4801).
proposed to amendment SA 3867 sub-
sure that any record of decision issued by mitted by Mr. REED and intended to be
SA 4166. Ms. MURKOWSKI submitted
the Secretary for the Airspace Optimization
an amendment intended to be proposed proposed to the bill H.R. 4350, to au-
for Readiness Environmental Impact State-
ment for Mountain Home Air Force Base, to amendment SA 3867 submitted by thorize appropriations for fiscal year
Idaho, does not modify existing training re- Mr. REED and intended to be proposed 2022 for military activities of the De-
gimes and activities of the Air Force in Or- to the bill H.R. 4350, to authorize ap- partment of Defense, for military con-
egon until the Secretary, in coordination propriations for fiscal year 2022 for struction, and for defense activities of
with the United States Geological Survey military activities of the Department the Department of Energy, to prescribe
and the Oregon Department of Fish and of Defense, for military construction, military personnel strengths for such
Wildlife, has conducted and then analyzed in fiscal year, and for other purposes;
and for defense activities of the De-
a supplemental draft environmental impact
partment of Energy, to prescribe mili- which was ordered to lie on the table;
statement comprehensive, primary research
on the effects of real noise, the risk of wild- tary personnel strengths for such fiscal as follows:
fire from the use of flares, and the risk of year, and for other purposes; which was At the end, add the following:
water pollution from the use of chaff from ordered to lie on the table; as follows: DIVISION E—REAUTHORIZATION OF NA-
current and proposed future military train- At the end of subtitle A of title XV, add TIVE AMERICAN HOUSING ASSISTANCE
ing on wildlife and human communities in the following: AND SELF-DETERMINATION ACT OF 1996
the Mountain Home Military Operations SEC. 1516. STATEMENT OF POLICY ON FOS- SEC. 5001. SHORT TITLE.
Area in Oregon. TERING SPACE LAUNCH COMPETI- This division may be cited as the ‘‘Native
TION. American Housing Assistance and Self-De-
SA 4165. Mr. JOHNSON (for himself (a) SENSE OF CONGRESS.—It is the sense of termination Reauthorization Act of 2021’’.
and Mrs. SHAHEEN) submitted an Congress that— SEC. 5002. CONSOLIDATION OF ENVIRONMENTAL
amendment intended to be proposed to (1) the Secretary of Defense and the Direc- REVIEW REQUIREMENTS.
amendment SA 3867 submitted by Mr. tor of the National Reconnaissance Office Section 105 of the Native American Hous-
REED and intended to be proposed to should, to the extent practicable, procure ing Assistance and Self-Determination Act
launch services through the most competi- of 1996 (25 U.S.C. 4115) is amended by adding
the bill H.R. 4350, to authorize appro- tive means available based on the require- at the end the following:
priations for fiscal year 2022 for mili- ments of each mission, including full and ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL RE-
tary activities of the Department of open competition and the Orbital Services VIEW REQUIREMENTS.—
Defense, for military construction, and Program–4; and ‘‘(1) IN GENERAL.—In the case of a recipient
for defense activities of the Depart- (2) to the extent necessary for any mission of grant amounts under this Act that is car-
ment of Energy, to prescribe military that can only be performed by launch pro- rying out a project that qualifies as an af-
personnel strengths for such fiscal viders that meet the high requirements of fordable housing activity under section 202,
year, and for other purposes; which was the Phase 2 of the National Security Space if the recipient is using 1 or more additional
Launch program, the Secretary and the Di- sources of Federal funds to carry out the
ordered to lie on the table; as follows: rector should continue to use launch services project, and the grant amounts received
After section 1247, add the following: under a Phase 2 contract of such program. under this Act constitute the largest single
SEC. 1248. ELIGIBILITY OF TAIWAN FOR THE (b) STATEMENT OF POLICY.—With respect to source of Federal funds that the recipient
STRATEGIC TRADE AUTHORIZATION entering into contracts for launch services
EXCEPTION TO CERTAIN EXPORT reasonably expects to commit to the project
during the period beginning on the date of at the time of environmental review, the In-
CONTROL LICENSING REQUIRE-
MENTS. the enactment of this Act and ending Sep- dian tribe of the recipient may assume, in
(a) FINDINGS.—Congress makes the fol- tember 30, 2024, it shall be the policy of the addition to all of the responsibilities for en-
lowing findings: Department of Defense and the National Re- vironmental review, decision making, and
(1) Taiwan has adopted high standards in connaissance Office to foster a robust, inno- action under subsection (a), all of the addi-
the field of export controls. vative, and competitive commercial launch tional responsibilities for environmental re-
(2) Taiwan has declared its unilateral ad- sector that supports the national interests of view, decision making, and action under pro-
herence to the Missile Technology Control the United States and advances United visions of law that would apply to each Fed-
Regime, the Wassenaar Arrangement, the States leadership in space. eral agency providing additional funding
Australia Group, and the Nuclear Suppliers were the Federal agency to carry out the
Group.
SA 4167. Mr. BROWN (for himself and project as a Federal project.
(3) At the request of President George W. Mr. SCOTT of South Carolina) sub- ‘‘(2) DISCHARGE.—The assumption by the
Bush, section 1206 of the Foreign Relations mitted an amendment intended to be Indian tribe of the additional responsibilities
Authorization Act, Fiscal Year 2003 (Public proposed to amendment SA 3867 sub- for environmental review, decision making,
Law 107–228; 22 U.S.C. 2321k note) required mitted by Mr. REED and intended to be and action under paragraph (1) with respect
that Taiwan be treated as if it were des- proposed to the bill H.R. 4350, to au- to a project shall be deemed to discharge the
ctelli on DSK11ZRN23PROD with SENATE
ignated as a major non-NATO ally (as de- thorize appropriations for fiscal year responsibility of the applicable Federal agen-
fined in section 644(q) of the Foreign Assist- cy for environmental review, decision mak-
2022 for military activities of the De-
ance Act of 1961 (22 U.S.C. 2403(q)). ing, and action with respect to the project.
(b) ELIGIBILITY FOR STRATEGIC TRADE AU- partment of Defense, for military con- ‘‘(3) CERTIFICATION.—An Indian tribe that
THORIZATION.—The President, consistent struction, and for defense activities of assumes the additional responsibilities under
with the commitments of the United States the Department of Energy, to prescribe paragraph (1), shall certify, in addition to
under international arrangements, shall military personnel strengths for such the requirements under subsection (c)—
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S7626 CONGRESSIONAL RECORD — SENATE November 2, 2021
‘‘(A) the additional responsibilities that (4) in paragraph (3) (as so redesignated), by and inserting ‘‘may immediately take an ac-
the Indian tribe has fully carried out under striking ‘‘In the case of’’ and inserting ‘‘In tion described in paragraph (1)(C)’’; and
this subsection; and the absence of a written policy governing (2) by striking subparagraph (B) and insert-
‘‘(B) that the certifying officer consents to rents and homebuyer payments, in the case ing the following:
assume the status of a responsible Federal of’’. ‘‘(B) PROCEDURAL REQUIREMENTS.—
official under the provisions of law that SEC. 5007. DE MINIMIS EXEMPTION FOR PRO- ‘‘(i) IN GENERAL.—If the Secretary takes an
would apply to each Federal agency pro- CUREMENT OF GOODS AND SERV- action described in subparagraph (A), the
viding additional funding under paragraph ICES. Secretary shall provide notice to the recipi-
(1). Section 203(g) of the Native American ent at the time that the Secretary takes
‘‘(4) LIABILITY.— Housing Assistance and Self-Determination that action.
‘‘(A) IN GENERAL.—An Indian tribe that Act of 1996 (25 U.S.C. 4133(g)) is amended by ‘‘(ii) NOTICE REQUIREMENTS.—The notice
completes an environmental review under striking ‘‘$5,000’’ and inserting ‘‘$10,000’’. under clause (i) shall inform the recipient
this subsection shall assume sole liability for SEC. 5008. HOMEOWNERSHIP OR LEASE-TO-OWN that the recipient may request a hearing by
the content and quality of the review. LOW-INCOME REQUIREMENT AND not later than 30 days after the date on
‘‘(B) REMEDIES AND SANCTIONS.—Except as INCOME TARGETING. which the Secretary provides the notice.
provided in subparagraph (C), if the Sec- Section 205 of the Native American Hous- ‘‘(iii) HEARING REQUIREMENTS.—A hearing
retary approves a certification and release of ing Assistance and Self-Determination Act requested under clause (ii) shall be con-
funds to an Indian tribe for a project in ac- of 1996 (25 U.S.C. 4135) is amended— ducted—
cordance with subsection (b), but the Sec- (1) in subsection (a)(1)— ‘‘(I) in accordance with subpart A of part 26
retary or the head of another Federal agency (A) in subparagraph (C), by striking ‘‘and’’ of title 24, Code of Federal Regulations (or
providing funding for the project subse- at the end; and successor regulations); and
quently learns that the Indian tribe failed to (B) by adding at the end the following: ‘‘(II) to the maximum extent practicable,
carry out the responsibilities of the Indian ‘‘(E) notwithstanding any other provision on an expedited basis.
tribe as described in subsection (a) or para- of this paragraph, in the case of rental hous- ‘‘(iv) FAILURE TO CONDUCT A HEARING.—If a
graph (1), as applicable, the Secretary or ing that is made available to a current rent- hearing requested under clause (ii) is not
other head, as applicable, may impose appro- al family for conversion to a homebuyer or a completed by the date that is 180 days after
priate remedies and sanctions in accordance lease-purchase unit, that the current rental the date on which the recipient requests the
with— family can purchase through a contract of hearing, the action of the Secretary to limit
‘‘(i) the regulations issued pursuant to sec- sale, lease-purchase agreement, or any other the availability of payments shall no longer
tion 106; or sales agreement, is made available for pur- be effective.’’.
‘‘(ii) such regulations as are issued by the chase only by the current rental family, if SEC. 5012. REPORTS TO CONGRESS.
other head. the rental family was a low-income family at Section 407 of the Native American Hous-
‘‘(C) STATUTORY VIOLATION WAIVERS.—If the the time of their initial occupancy of such ing Assistance and Self-Determination Act
Secretary waives the requirements under unit; and’’; and of 1996 (25 U.S.C. 4167) is amended—
this section in accordance with subsection (2) in subsection (c)— (1) in subsection (a), by striking ‘‘Con-
(d) with respect to a project for which an In- (A) by striking ‘‘The provisions’’ and in- gress’’ and inserting ‘‘Committee on Indian
dian tribe assumes additional responsibil- serting the following: Affairs and the Committee on Banking,
ities under paragraph (1), the waiver shall ‘‘(1) IN GENERAL.—The provisions’’; and Housing and Urban Affairs of the Senate and
prohibit any other Federal agency providing (B) by adding at the end the following: the Committee on Financial Services of the
additional funding for the project from im- ‘‘(2) APPLICABILITY TO IMPROVEMENTS.—The House of Representatives’’; and
posing remedies or sanctions for failure to provisions of subsection (a)(2) regarding (2) by adding at the end the following:
comply with requirements for environmental binding commitments for the remaining use- ‘‘(c) PUBLIC AVAILABILITY.—The report de-
review, decision making, and action under ful life of property shall not apply to im- scribed in subsection (a) shall be made pub-
provisions of law that would apply to the provements of privately owned homes if the licly available, including to recipients.’’.
Federal agency.’’. cost of the improvements do not exceed 10
SEC. 5013. 99-YEAR LEASEHOLD INTEREST IN
SEC. 5003. AUTHORIZATION OF APPROPRIATIONS. percent of the maximum total development TRUST OR RESTRICTED LANDS FOR
Section 108 of the Native American Hous- cost for the home.’’. HOUSING PURPOSES.
ing Assistance and Self-Determination Act SEC. 5009. LEASE REQUIREMENTS AND TENANT Section 702 of the Native American Hous-
of 1996 (25 U.S.C. 4117) is amended, in the first SELECTION.
ing Assistance and Self-Determination Act
sentence, by striking ‘‘2009 through 2013’’ and Section 207 of the Native American Hous- of 1996 (25 U.S.C. 4211) is amended—
inserting ‘‘2022 through 2032’’. ing Assistance and Self-Determination Act (1) in the section heading, by striking ‘‘50-
SEC. 5004. STUDENT HOUSING ASSISTANCE. of 1996 (25 U.S.C. 4137) is amended by adding YEAR’’ and inserting ‘‘99-YEAR’’;
Section 202(3) of the Native American at the end the following: (2) in subsection (b), by striking ‘‘50 years’’
Housing Assistance and Self-Determination ‘‘(c) NOTICE OF TERMINATION.—The notice and inserting ‘‘99 years’’; and
Act of 1996 (25 U.S.C. 4132(3)) is amended by period described in subsection (a)(3) shall (3) in subsection (c)(2), by striking ‘‘50
inserting ‘‘including education-related sti- apply to projects and programs funded in years’’ and inserting ‘‘99 years’’.
pends, college housing assistance, and other part by amounts authorized under this Act.’’.
SEC. 5014. AMENDMENTS FOR BLOCK GRANTS
education-related assistance for low-income SEC. 5010. INDIAN HEALTH SERVICE. FOR AFFORDABLE HOUSING ACTIVI-
college students,’’ after ‘‘self-sufficiency and (a) IN GENERAL.—Subtitle A of title II of TIES.
other services,’’. the Native American Housing Assistance and Section 802(e) of the Native American
SEC. 5005. APPLICATION OF RENT RULE ONLY TO Self-Determination Act of 1996 (25 U.S.C. 4131 Housing Assistance and Self-Determination
UNITS OWNED OR OPERATED BY IN-
et seq.) is amended by adding at the end the Act of 1996 (25 U.S.C. 4222(e)) is amended by—
DIAN TRIBE OR TRIBALLY DES-
IGNATED HOUSING ENTITY. following: (1) by striking ‘‘The Director’’ and insert-
Section 203(a)(2) of the Native American ‘‘SEC. 211. IHS SANITATION FACILITIES CON- ing the following:
STRUCTION. ‘‘(1) IN GENERAL.—The Director’’; and
Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4133(a)(2)) is amended ‘‘Notwithstanding any other provision of (2) by adding at the end the following:
by inserting ‘‘owned or operated by a recipi- law, the Director of the Indian Health Serv- ‘‘(2) SUBAWARDS.—Notwithstanding any
ent and’’ after ‘‘residing in a dwelling unit’’. ice, or a recipient receiving funding for a other provision of law, including provisions
SEC. 5006. PROGRAM REQUIREMENTS. housing construction or renovation project of State law requiring competitive procure-
Section 203(a) of the Native American under this title, may use funding from the ment, the Director may make subawards to
Housing Assistance and Self-Determination Indian Health Service for the construction of subrecipients, except for for-profit entities,
Act of 1996 (25 U.S.C. 4133(a)) (as amended by sanitation facilities under that project.’’. using amounts provided under this title to
section 5) is amended— (b) CLERICAL AMENDMENT.—The table of carry out affordable housing activities upon
(1) in paragraph (1), by striking ‘‘paragraph contents in section 1(b) of the Native Amer- a determination by the Director that such
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; ican Housing Assistance and Self-Determina- subrecipients have adequate capacity to
(2) by redesignating paragraph (2) as para- tion Act of 1996 (Public Law 104–330; 110 Stat. carry out activities in accordance with this
graph (3); 4016) is amended by inserting after the item Act.’’.
(3) by inserting after paragraph (1) the fol- relating to section 210 the following: SEC. 5015. REAUTHORIZATION OF NATIVE HAWAI-
lowing: ‘‘Sec. 211. IHS sanitation facilities construc- IAN HOMEOWNERSHIP PROVISIONS.
‘‘(2) APPLICATION OF TRIBAL POLICIES.— tion.’’. Section 824 of the Native American Hous-
ctelli on DSK11ZRN23PROD with SENATE
Paragraph (3) shall not apply if— SEC. 5011. STATUTORY AUTHORITY TO SUSPEND ing Assistance and Self-Determination Act
‘‘(A) the recipient has a written policy gov- GRANT FUNDS IN EMERGENCIES. of 1996 (25 U.S.C. 4243) is amended by striking
erning rents and homebuyer payments Section 401(a)(4) of the Native American ‘‘such sums as may be necessary’’ and all
charged for dwelling units; and Housing Assistance and Self-Determination that follows through the period at the end
‘‘(B) that policy includes a provision gov- Act of 1996 (25 U.S.C. 4161(a)(4)) is amended— and inserting ‘‘such sums as may be nec-
erning maximum rents or homebuyer pay- (1) in subparagraph (A), by striking ‘‘may essary for each of fiscal years 2022 through
ments, including tenant protections.’’; and take an action described in paragraph (1)(C)’’ 2032.’’.
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7627
SEC. 5016. TOTAL DEVELOPMENT COST MAXIMUM ‘‘(ii) INDEMNIFICATION.— such sums as may be necessary for each of
PROJECT COST. ‘‘(I) IN GENERAL.—If the Secretary deter- fiscal years 2022 through 2032.’’.
Affordable housing (as defined in section 4 mines that a mortgage guaranteed through a SEC. 5021. ASSISTANT SECRETARY FOR INDIAN
of the Native American Housing Assistance direct guarantee process under this subpara- HOUSING.
and Self-Determination Act of 1996 (25 U.S.C. graph was not originated in accordance with The Department of Housing and Urban De-
4103)) that is developed, acquired, or assisted the requirements established by the Sec- velopment Act (42 U.S.C. 3531 et seq.) is
under the block grant program established retary, the Secretary may require the lender amended—
under section 101 of the Native American approved under this subparagraph to indem- (1) in section 4 (42 U.S.C. 3533)—
Housing Assistance and Self-Determination nify the Secretary for the loss, irrespective (A) in subsection (a)(1), by striking ‘‘7’’ and
Act of 1996 (25 U.S.C. 4111) shall not exceed of whether the violation caused the mort- inserting ‘‘8’’; and
by more than 20 percent, without prior ap- gage default. (B) in subsection (e)—
proval of the Secretary of Housing and ‘‘(II) FRAUD OR MISREPRESENTATION.—If (i) by redesignating paragraph (2) as para-
Urban Development, the total development fraud or misrepresentation is involved in a graph (4); and
cost maximum cost for all housing assisted direct guarantee process under this subpara- (ii) by striking ‘‘(e)(1)(A) There’’ and all
under an affordable housing activity, includ- graph, the Secretary shall require the origi- that follows through the end of paragraph (1)
ing development and model activities. nal lender approved under this subparagraph and inserting the following:
SEC. 5017. COMMUNITY-BASED DEVELOPMENT to indemnify the Secretary for the loss re-
ORGANIZATIONS.
‘‘(e)(1) There is established within the De-
gardless of when an insurance claim is paid. partment the Office of Native American Pro-
Section 105 of the Housing and Community ‘‘(C) REVIEW OF MORTGAGEES.— grams (in this subsection referred to as the
Development Act of 1974 (42 U.S.C. 5305) is ‘‘(i) IN GENERAL.—The Secretary may peri-
amended by adding at the end the following: ‘Office’) to be headed by an Assistant Sec-
odically review the mortgagees originating, retary for Native American Programs (in
‘‘(i) INDIAN TRIBES AND TRIBALLY DES- underwriting, or servicing single family
IGNATED HOUSING ENTITIES AS COMMUNITY- this subsection referred to as the ‘Assistant
mortgage loans under this section. Secretary’), who shall be 1 of the Assistant
BASED DEVELOPMENT ORGANIZATIONS.— ‘‘(ii) REQUIREMENTS.—In conducting a re-
‘‘(1) DEFINITION.—In this subsection, the Secretaries in subsection (a)(1).
view under clause (i), the Secretary— ‘‘(2) The Assistant Secretary shall be re-
term ‘tribally designated housing entity’ has ‘‘(I) shall compare the mortgagee with
the meaning given the term in section 4 of sponsible for—
other mortgagees originating or under- ‘‘(A) administering, in coordination with
the Native American Housing Assistance and writing loan guarantees for Indian housing
Self-Determination Act of 1996 (25 U.S.C. the relevant office in the Department, the
based on the rates of defaults and claims for provision of housing assistance to Indian
4103). guaranteed mortgage loans originated, un-
‘‘(2) QUALIFICATION.—An Indian tribe, a tribes or Indian housing authorities under
derwritten, or serviced by that mortgagee;
tribally designated housing entity, or a trib- each program of the Department that pro-
‘‘(II) may compare the mortgagee with
al organization shall qualify as a commu- vides for such assistance;
such other mortgagees based on under-
nity-based development organization for pur- ‘‘(B) administering the community devel-
writing quality, geographic area served, or
poses of carrying out new housing construc- opment block grant program for Indian
any commonly used factors the Secretary de-
tion under this subsection under a grant tribes under title I of the Housing and Com-
termines necessary for comparing mortgage
made under section 106(a)(1).’’. munity Development Act of 1974 (42 U.S.C.
default risk, provided that the comparison is
SEC. 5018. INDIAN TRIBE ELIGIBILITY FOR HUD 5301 et seq.) and the provision of assistance
of factors that the Secretary would expect to
HOUSING COUNSELING GRANTS. to Indian tribes under such Act;
affect the default risk of mortgage loans
Section 106(a)(4) of the Housing and Urban ‘‘(C) directing, coordinating, and assisting
guaranteed by the Secretary;
Development Act of 1968 (12 U.S.C. in managing any regional offices of the De-
‘‘(iii) shall implement such comparisons by
1701x(a)(4)) is amended— partment that administer Indian programs
regulation, notice, or mortgagee letter; and
(1) in subparagraph (A)— to the extent of such programs; and
‘‘(I) may terminate the approval of a mort-
(A) by striking ‘‘and’’ and inserting a ‘‘(D) coordinating all programs of the De-
gagee to originate, underwrite, or service
comma; and partment relating to Indian and Alaska Na-
loan guarantees for housing under this sec-
(B) by inserting before the period at the tive housing and community development.
tion if the Secretary determines that the
end the following: ‘‘, Indian tribes, and trib- ‘‘(3) The Secretary shall include in the an-
mortgage loans originated, underwritten, or
ally designated housing entities’’; nual report under section 8 a description of
serviced by the mortgagee present an unac-
(2) in subparagraph (B), by inserting ‘‘, In- the extent of the housing needs for Indian
ceptable risk to the Indian Housing Loan
dian tribes, and tribally designated housing families and community development needs
Guarantee Fund established under sub-
entities’’ after ‘‘organizations)’’; of Indian tribes in the United States and the
section (i)—
(3) by redesignating subparagraph (F) as activities of the Department, and extent of
‘‘(aa) based on a comparison of any of the
subparagraph (G); and such activities, in meeting such needs.’’; and
factors set forth in this subparagraph; or
(4) by inserting after subparagraph (E) the (2) in section 8 (42 U.S.C. 3536), by striking
‘‘(bb) by a determination that the mort-
following: ‘‘section 4(e)(2)’’ and inserting ‘‘section
gagee engaged in fraud or misrepresenta-
‘‘(F) DEFINITIONS.—In this paragraph, the 4(e)(4)’’.
tion.’’.
terms ‘Indian tribe’ and ‘tribally designated (b) LOAN GUARANTEES FOR INDIAN HOUS- SEC. 5022. DRUG ELIMINATION PROGRAM.
housing entity’ have the meanings given ING.—Section 184(i)(5) of the Housing and (a) DEFINITIONS.—In this section:
those terms in section 4 of the Native Amer- Community Development Act of 1992 (12 (1) CONTROLLED SUBSTANCE.—The term
ican Housing Assistance and Self-Determina- U.S.C. 1715z–13a(i)(5)) is amended— ‘‘controlled substance’’ has the meaning
tion Act of 1996 (25 U.S.C. 4103).’’. (1) in subparagraph (B), by inserting after given the term in section 102 of the Con-
SEC. 5019. SECTION 184 INDIAN HOME LOAN the first sentence the following: ‘‘There are trolled Substances Act (21 U.S.C. 802).
GUARANTEE PROGRAM. authorized to be appropriated for those costs (2) DRUG-RELATED CRIME.—The term ‘‘drug-
(a) IN GENERAL.—Section 184(b)(4) of the such sums as may be necessary for each of related crime’’ means the illegal manufac-
Housing and Community Development Act of fiscal years 2022 through 2032.’’; and ture, sale, distribution, use, or possession
1992 (12 U.S.C. 1715z–13a(b)(4)) is amended— (2) in subparagraph (C), by striking ‘‘2008 with intent to manufacture, sell, distribute,
(1) by redesignating subparagraphs (A) through 2012’’ and inserting ‘‘2022 through or use a controlled substance.
through (D) as clauses (i) through (iv), re- 2032’’. (3) RECIPIENT.—The term ‘‘recipient’’—
spectively, and adjusting the margins ac- SEC. 5020. LOAN GUARANTEES FOR NATIVE HA- (A) has the meaning given the term in sec-
cordingly; WAIIAN HOUSING. tion 4 of the Native American Housing As-
(2) by striking ‘‘The loan’’ and inserting Section 184A of the Housing and Commu- sistance and Self-Determination Act of 1996
the following: nity Development Act of 1992 (12 U.S.C. (25 U.S.C. 4103); and
‘‘(A) IN GENERAL.—The loan’’; 1715z–13b) is amended— (B) includes a recipient of funds under title
(3) in subparagraph (A), as so designated, (1) in subsection (c)(4)(B)— VIII of that Act (25 U.S.C. 4221 et seq.).
by adding at the end the following: (A) by redesignating clause (iv) as clause (4) SECRETARY.—The term ‘‘Secretary’’
‘‘(v) Any entity certified as a community (v); and means the Secretary of Housing and Urban
development financial institution by the (B) by inserting after clause (iii) the fol- Development.
Community Development Financial Institu- lowing: (b) ESTABLISHMENT.—The Secretary may
tions Fund established under section 104(a) ‘‘(iv) Any entity certified as a community make grants under this section to recipients
of the Riegle Community Development and development financial institution by the of assistance under the Native American
Regulatory Improvement Act of 1994 (12 Community Development Financial Institu- Housing Assistance and Self-Determination
ctelli on DSK11ZRN23PROD with SENATE
U.S.C. 4703(a)).’’; and tions Fund established under section 104(a) Act of 1996 (25 U.S.C. 4101 et seq.) for use in
(4) by adding at the end the following: of the Riegle Community Development and eliminating drug-related and violent crime.
‘‘(B) DIRECT GUARANTEE PROCESS.— Regulatory Improvement Act of 1994 (12 (c) ELIGIBLE ACTIVITIES.—Grants under this
‘‘(i) AUTHORIZATION.—The Secretary may U.S.C. 4703(a)).’’; and section may be used for—
authorize qualifying lenders to participate in (2) in subsection (j)(5)(B), by inserting after (1) the employment of security personnel;
a direct guarantee process for approving the first sentence the following: ‘‘There are (2) reimbursement of State, local, Tribal,
loans under this section. authorized to be appropriated for those costs or Bureau of Indian Affairs law enforcement
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S7628 CONGRESSIONAL RECORD — SENATE November 2, 2021
agencies for additional security and protec- (1) GRANTEE REPORTS.—The Secretary shall ‘‘(I) ELIGIBLE INDIAN VETERAN.—The term
tive services; require grantees under this section to pro- ‘eligible Indian veteran’ means an Indian
(3) physical improvements which are spe- vide periodic reports that include the obliga- veteran who is—
cifically designed to enhance security; tion and expenditure of grant funds, the ‘‘(aa) homeless or at risk of homelessness;
(4) the employment of 1 or more individ- progress made by the grantee in imple- and
uals— menting the plan described in subsection ‘‘(bb) living—
(A) to investigate drug-related or violent (d)(1)(A), and any change in the incidence of ‘‘(AA) on or near a reservation; or
crime in and around the real property com- drug-related crime in projects assisted under ‘‘(BB) in or near any other Indian area.
prising housing assisted under the Native section. ‘‘(II) ELIGIBLE RECIPIENT.—The term ‘eligi-
American Housing Assistance and Self-De- (2) HUD REPORTS.—Not later than 1 year ble recipient’ means a recipient eligible to
termination Act of 1996 (25 U.S.C. 4101 et after the date of enactment of this Act, the receive a grant under section 101 of the Na-
seq.); and Secretary shall submit to Congress a report tive American Housing Assistance and Self-
(B) to provide evidence relating to such describing the system used to distribute Determination Act of 1996 (25 U.S.C. 4111).
crime in any administrative or judicial pro- funding to grantees under this section, which ‘‘(III) INDIAN; INDIAN AREA.—The terms ‘In-
ceeding; shall include descriptions of— dian’ and ‘Indian area’ have the meanings
(5) the provision of training, communica- (A) the methodology used to distribute given those terms in section 4 of the Native
tions equipment, and other related equip- amounts made available under this section; American Housing Assistance and Self-De-
ment for use by voluntary tenant patrols and termination Act of 1996 (25 U.S.C. 4103).
acting in cooperation with law enforcement (B) actions taken by the Secretary to en- ‘‘(IV) INDIAN VETERAN.—The term ‘Indian
officials; sure that amounts made available under sec- veteran’ means an Indian who is a veteran.
(6) programs designed to reduce use of tion are not used to fund baseline local gov- ‘‘(V) PROGRAM.—The term ‘Program’
drugs in and around housing communities ernment services, as described in subsection means the Tribal HUD–VASH program car-
funded under the Native American Housing (h)(2). ried out under clause (ii).
Assistance and Self-Determination Act of (g) NOTICE OF FUNDING AWARDS.—The Sec-
‘‘(VI) TRIBAL ORGANIZATION.—The term
1996 (25 U.S.C. 4101 et seq.), including drug- retary shall publish on the website of the De-
‘tribal organization’ has the meaning given
abuse prevention, intervention, referral, and partment a notice of all grant awards made
the term in section 4 of the Indian Self-De-
treatment programs; pursuant to section, which shall identify the
grantees and the amount of the grants. termination and Education Assistance Act
(7) providing funding to nonprofit resident
(h) MONITORING.— (25 U.S.C. 5304).
management corporations and resident coun-
(1) IN GENERAL.—The Secretary shall audit ‘‘(ii) PROGRAM SPECIFICATIONS.—The Sec-
cils to develop security and drug abuse pre-
and monitor the program funded under this retary shall use not less than 5 percent of the
vention programs involving site residents;
subsection to ensure that assistance pro- amounts made available for rental assist-
(8) sports programs and sports activities
vided under this subsection is administered ance under this paragraph to carry out a
that serve primarily youths from housing
in accordance with the provisions of section. rental assistance and supported housing pro-
communities funded through and are oper-
(2) PROHIBITION OF FUNDING BASELINE SERV- gram, to be known as the ‘Tribal HUD–VASH
ated in conjunction with, or in furtherance
ICES.— program’, in conjunction with the Secretary
of, an organized program or plan designed to
(A) IN GENERAL.—Amounts provided under of Veterans Affairs, by awarding grants for
reduce or eliminate drugs and drug-related
this section may not be used to reimburse or the benefit of eligible Indian veterans.
problems in and around those communities;
support any local law enforcement agency or ‘‘(iii) MODEL.—
and
unit of general local government for the pro- ‘‘(I) IN GENERAL.—Except as provided in
(9) other programs for youth in school set-
vision of services that are included in the subclause (II), the Secretary shall model the
tings that address drug prevention and posi-
baseline of services required to be provided Program on the rental assistance and sup-
tive alternatives for youth, including edu-
by any such entity pursuant to a local coop- ported housing program authorized under
cation and activities related to science, tech-
erative agreement pursuant under the Indian subparagraph (A) and applicable appropria-
nology, engineering, and math.
(d) APPLICATIONS.— Self-Determination and Education Assist- tions Acts, including administration in con-
(1) IN GENERAL.—To receive a grant under ance Act (25 U.S.C. 5301 et seq.) or any provi- junction with the Secretary of Veterans Af-
this subsection, an eligible applicant shall sion of an annual contributions contract for fairs.
submit an application to the Secretary, at payments in lieu of taxation with the Bureau ‘‘(II) EXCEPTIONS.—
such time, in such manner, and accompanied of Indian Affairs. ‘‘(aa) SECRETARY OF HOUSING AND URBAN DE-
(B) DESCRIPTION.—Each grantee under this VELOPMENT.—After consultation with Indian
by—
(A) a plan for addressing the problem of section shall describe, in the report under tribes, eligible recipients, and any other ap-
drug-related or violent crime in and around subsection (f)(1), such baseline of services for propriate tribal organizations, the Secretary
of the housing administered or owned by the the unit of Tribal government in which the may make necessary and appropriate modi-
applicant for which the application is being jurisdiction of the grantee is located. fications to facilitate the use of the Program
submitted; and (3) ENFORCEMENT.—The Secretary shall by eligible recipients to serve eligible Indian
(B) such additional information as the Sec- provide for the effective enforcement of this veterans.
retary may reasonably require. section, as specified in the program require- ‘‘(bb) SECRETARY OF VETERANS AFFAIRS.—
(2) CRITERIA.—The Secretary shall approve ments published in a notice by the Sec- After consultation with Indian tribes, eligi-
applications submitted under paragraph (1) retary, which may include— ble recipients, and any other appropriate
on the basis of thresholds or criteria such (A) the use of on-site monitoring, inde- tribal organizations, the Secretary of Vet-
as— pendent public audit requirements, certifi- erans Affairs may make necessary and ap-
(A) the extent of the drug-related or vio- cation by Tribal or Federal law enforcement propriate modifications to facilitate the use
lent crime problem in and around the hous- or Tribal government officials regarding the of the Program by eligible recipients to
ing or projects proposed for assistance; performance of baseline services referred to serve eligible Indian veterans.
(B) the quality of the plan to address the in paragraph (2); ‘‘(iv) ELIGIBLE RECIPIENTS.—The Secretary
crime problem in the housing or projects (B) entering into agreements with the At- shall make amounts for rental assistance
proposed for assistance, including the extent torney General to achieve compliance, and and associated administrative costs under
to which the plan includes initiatives that verification of compliance, with the provi- the Program available in the form of grants
can be sustained over a period of several sions of this section; and to eligible recipients.
years; (C) adopting enforcement authority that is ‘‘(v) FUNDING CRITERIA.—The Secretary
(C) the capability of the applicant to carry substantially similar to the authority pro- shall award grants under the Program based
out the plan; and vided to the Secretary under the Native on—
(D) the extent to which tenants, the Tribal American Housing Assistance and Self-De- ‘‘(I) need;
government, and the Tribal community sup- termination Act of 1996 (25 U.S.C. 4101 et ‘‘(II) administrative capacity; and
port and participate in the design and imple- seq.) ‘‘(III) any other funding criteria estab-
mentation of the activities proposed to be (i) AUTHORIZATION OF APPROPRIATIONS.— lished by the Secretary in a notice published
funded under the application. There are authorized to be appropriated such in the Federal Register after consulting with
(e) HIGH INTENSITY DRUG TRAFFICKING sums as may be necessary for each fiscal the Secretary of Veterans Affairs.
AREAS.—In evaluating the extent of the years 2022 through 2032 to carry out this sec- ‘‘(vi) ADMINISTRATION.—Grants awarded
drug-related crime problem pursuant to sub- tion. under the Program shall be administered in
section (d)(2), the Secretary may consider SEC. 5023. RENTAL ASSISTANCE FOR HOMELESS accordance with the Native American Hous-
ctelli on DSK11ZRN23PROD with SENATE
whether housing or projects proposed for as- OR AT-RISK INDIAN VETERANS. ing Assistance and Self-Determination Act
sistance are located in a high intensity drug Section 8(o)(19) of the United States Hous- of 1996 (25 U.S.C. 4101 et seq.), except that re-
trafficking area designated pursuant to sec- ing Act of 1937 (42 U.S.C. 1437f(o)(19)) is cipients shall—
tion 707(b) of the Office of National Drug amended by adding at the end the following: ‘‘(I) submit to the Secretary, in a manner
Control Policy Reauthorization Act of 1998 ‘‘(E) INDIAN VETERANS HOUSING RENTAL AS- prescribed by the Secretary, reports on the
(21 U.S.C. 1706(b)). SISTANCE PROGRAM.— utilization of rental assistance provided
(f) REPORTS.— ‘‘(i) DEFINITIONS.—In this subparagraph: under the Program; and
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7629
‘‘(II) provide to the Secretary information ‘‘(cc) proposed alternative legislation or ‘Proposed Megan Dickie Wilderness Addi-
specified by the Secretary to assess the ef- regulations developed by the Secretary in tion’ on the map entitled ‘Holy Cross Wilder-
fectiveness of the Program in serving eligi- consultation with recipients of grants under ness Addition Proposal’ and dated June 24,
ble Indian veterans. the Program to allow the use of formula cur- 2019, which shall be incorporated into, and
‘‘(vii) CONSULTATION.— rent assisted stock within the Program.’’. managed as part of, the Holy Cross Wilder-
‘‘(I) GRANT RECIPIENTS; TRIBAL ORGANIZA- SEC. 5024. LEVERAGING. ness designated by section 102(a)(5) of Public
TIONS.—The Secretary, in coordination with All funds provided under a grant made pur- Law 96–560 (94 Stat. 3266).
the Secretary of Veterans Affairs, shall con- suant to this division or the amendments ‘‘(24) HOOSIER RIDGE WILDERNESS.—Certain
sult with eligible recipients and any other made by this division may be used for pur- Federal land within the White River Na-
appropriate tribal organization on the design poses of meeting matching or cost participa- tional Forest that comprises approximately
of the Program to ensure the effective deliv- tion requirements under any other Federal 5,235 acres, as generally depicted as ‘Pro-
ery of rental assistance and supportive serv- or non-Federal program, provided that such posed Hoosier Ridge Wilderness’ on the map
ices to eligible Indian veterans under the grants made pursuant to the Native Amer- entitled ‘Tenmile Proposal’ and dated June
Program. ican Housing Assistance and Self-Determina- 24, 2019, which shall be known as the ‘Hoosier
‘‘(II) INDIAN HEALTH SERVICE.—The Director tion Act of 1996 (25 U.S.C. 4101 et seq.) are Ridge Wilderness’.
of the Indian Health Service shall provide spent in accordance with that Act. ‘‘(25) TENMILE WILDERNESS.—Certain Fed-
any assistance requested by the Secretary or --- eral land within the White River National
the Secretary of Veterans Affairs in carrying SA 4169. Mr. BENNET (for himself Forest that comprises approximately 7,624
out the Program. acres, as generally depicted as ‘Proposed
and Mr. HICKENLOOPER) submitted an
‘‘(viii) WAIVER.— Tenmile Wilderness’ on the map entitled
‘‘(I) IN GENERAL.—Except as provided in amendment intended to be proposed to
‘Tenmile Proposal’ and dated June 24, 2019,
subclause (II), the Secretary may waive or amendment SA 3867 submitted by Mr.
which shall be known as the ‘Tenmile Wil-
specify alternative requirements for any pro- REED and intended to be proposed to derness’.
vision of law (including regulations) that the the bill H.R. 4350, to authorize appro- ‘‘(26) EAGLES NEST WILDERNESS ADDITIONS.—
Secretary administers in connection with priations for fiscal year 2022 for mili- Certain Federal land within the White River
the use of rental assistance made available tary activities of the Department of National Forest that comprises approxi-
under the Program if the Secretary finds Defense, for military construction, and mately 9,670 acres, as generally depicted as
that the waiver or alternative requirement is ‘Proposed Freeman Creek Wilderness Addi-
necessary for the effective delivery and ad- for defense activities of the Depart-
ment of Energy, to prescribe military tion’ and ‘Proposed Spraddle Creek Wilder-
ministration of rental assistance under the ness Addition’ on the map entitled ‘Eagles
Program to eligible Indian veterans. personnel strengths for such fiscal
Nest Wilderness Additions Proposal’ and
‘‘(II) EXCEPTION.—The Secretary may not year, and for other purposes; which was dated June 24, 2019, which shall be incor-
waive or specify alternative requirements ordered to lie on the table; as follows: porated into, and managed as part of, the Ea-
under subclause (I) for any provision of law At the end of division A, add the following: gles Nest Wilderness designated by Public
(including regulations) relating to labor Law 94–352 (90 Stat. 870).’’.
TITLE XVII—COLORADO OUTDOOR
standards or the environment.
RECREATION (b) APPLICABLE LAW.—Any reference in the
‘‘(ix) RENEWAL GRANTS.—The Secretary
SEC. 1701. SHORT TITLE. Wilderness Act (16 U.S.C. 1131 et seq.) to the
may—
This title may be cited as the ‘‘Colorado effective date of that Act shall be considered
‘‘(I) set aside, from amounts made avail-
Outdoor Recreation and Economy Act’’. to be a reference to the date of enactment of
able for tenant-based rental assistance under
this Act for purposes of administering a cov-
this subsection and without regard to the SEC. 1702. DEFINITION OF STATE.
ered area.
amounts used for new grants under clause In this title, the term ‘‘State’’ means the
(ii), such amounts as may be necessary to (c) FIRE, INSECTS, AND DISEASES.—In ac-
State of Colorado.
award renewal grants to eligible recipients cordance with section 4(d)(1) of the Wilder-
Subtitle A—Continental Divide ness Act (16 U.S.C. 1133(d)(1)), the Secretary
that received a grant under the Program in
a previous year; and
SEC. 1711. DEFINITIONS. may carry out any activity in a covered area
‘‘(II) specify criteria that an eligible recipi- In this subtitle: that the Secretary determines to be nec-
ent must satisfy to receive a renewal grant (1) COVERED AREA.—The term ‘‘covered essary for the control of fire, insects, and
under subclause (I), including providing data area’’ means any area designated as wilder- diseases, subject to such terms and condi-
on how the eligible recipient used the ness by the amendments to section 2(a) of tions as the Secretary determines to be ap-
amounts of any grant previously received the Colorado Wilderness Act of 1993 (16 propriate.
under the Program. U.S.C. 1132 note; Public Law 103–77) made by (d) GRAZING.—The grazing of livestock on a
‘‘(x) REPORTING.— section 1712(a). covered area, if established before the date of
‘‘(I) IN GENERAL.—Not later than 1 year (2) HISTORIC LANDSCAPE.—The term ‘‘His- enactment of this Act, shall be permitted to
after the date of enactment of this subpara- toric Landscape’’ means the Camp Hale Na- continue subject to such reasonable regula-
graph, and every 5 years thereafter, the Sec- tional Historic Landscape designated by sec- tions as are considered to be necessary by
retary, in coordination with the Secretary of tion 1717(a). the Secretary, in accordance with—
Veterans Affairs and the Director of the In- (3) RECREATION MANAGEMENT AREA.—The (1) section 4(d)(4) of the Wilderness Act (16
dian Health Service, shall— term ‘‘Recreation Management Area’’ means U.S.C. 1133(d)(4)); and
‘‘(aa) conduct a review of the implementa- the Tenmile Recreation Management Area (2) the guidelines set forth in Appendix A
tion of the Program, including any factors designated by section 1714(a). of the report of the Committee on Interior
that may have limited its success; and (4) SECRETARY.—The term ‘‘Secretary’’ and Insular Affairs of the House of Rep-
‘‘(bb) submit a report describing the re- means the Secretary of Agriculture. resentatives accompanying H.R. 2570 of the
sults of the review under item (aa) to— (5) WILDLIFE CONSERVATION AREA.—The 101st Congress (H. Rept. 101–405).
‘‘(AA) the Committee on Indian Affairs, term ‘‘Wildlife Conservation Area’’ means, as (e) COORDINATION.—For purposes of admin-
the Committee on Banking, Housing, and applicable— istering the Federal land designated as wil-
Urban Affairs, the Committee on Veterans’ (A) the Porcupine Gulch Wildlife Conserva- derness by paragraph (26) of section 2(a) of
Affairs, and the Committee on Appropria- tion Area designated by section 1715(a); and the Colorado Wilderness Act of 1993 (16
tions of the Senate; and (B) the Williams Fork Mountains Wildlife U.S.C. 1132 note; Public Law 103–77) (as added
‘‘(BB) the Subcommittee on Indian, Insular Conservation Area designated by section by subsection (a)(2)), the Secretary shall, as
and Alaska Native Affairs of the Committee 1716(a). determined to be appropriate for the protec-
on Natural Resources, the Committee on Fi- SEC. 1712. COLORADO WILDERNESS ADDITIONS. tion of watersheds, coordinate the activities
nancial Services, the Committee on Vet- (a) DESIGNATION.—Section 2(a) of the Colo- of the Secretary in response to fires and
erans’ Affairs, and the Committee on Appro- rado Wilderness Act of 1993 (16 U.S.C. 1132 flooding events with interested State and
priations of the House of Representatives. note; Public Law 103–77) is amended— local agencies, including operations using
‘‘(II) ANALYSIS OF HOUSING STOCK LIMITA- (1) in paragraph (18), by striking ‘‘1993,’’ aircraft or mechanized equipment.
TION.—The Secretary shall include in the ini- and inserting ‘‘1993, and certain Federal land SEC. 1713. WILLIAMS FORK MOUNTAINS WILDER-
tial report submitted under subclause (I) a within the White River National Forest that NESS.
description of— comprises approximately 6,896 acres, as gen- (a) DESIGNATION.—In furtherance of the
‘‘(aa) any regulations governing the use of erally depicted as ‘Proposed Ptarmigan Peak purposes of the Wilderness Act (16 U.S.C. 1131
formula current assisted stock (as defined in Wilderness Additions’ on the map entitled et seq.), certain Federal land in the White
ctelli on DSK11ZRN23PROD with SENATE
section 1000.314 of title 24, Code of Federal ‘Proposed Ptarmigan Peak Wilderness Addi- River National Forest in the State, com-
Regulations (or any successor regulation)) tions’ and dated June 24, 2019,’’; and prising approximately 8,036 acres, as gen-
within the Program; (2) by adding at the end the following: erally depicted as ‘‘Proposed Williams Fork
‘‘(bb) the number of recipients of grants ‘‘(23) HOLY CROSS WILDERNESS ADDITION.— Mountains Wilderness’’ on the map entitled
under the Program that have reported the Certain Federal land within the White River ‘‘Williams Fork Mountains Proposal’’ and
regulations described in item (aa) as a bar- National Forest that comprises approxi- dated June 24, 2019, is designated as a poten-
rier to implementation of the Program; and mately 3,866 acres, as generally depicted as tial wilderness area.
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S7630 CONGRESSIONAL RECORD — SENATE November 2, 2021
(b) MANAGEMENT.—Subject to valid exist- (b) PURPOSES.—The purposes of the Recre- (B) any future infrastructure necessary for
ing rights and except as provided in sub- ation Management Area are to conserve, pro- the development or exercise of water rights
section (d), the potential wilderness area tect, and enhance for the benefit and enjoy- decreed before the date of enactment of this
designated by subsection (a) shall be man- ment of present and future generations the Act.
aged in accordance with— recreational, scenic, watershed, habitat, and (2) APPLICABLE LAW.—Section 3(e) of the
(1) the Wilderness Act (16 U.S.C. 1131 et ecological resources of the Recreation Man- James Peak Wilderness and Protection Area
seq.); and agement Area. Act (Public Law 107–216; 116 Stat. 1058) shall
(2) this section. (c) MANAGEMENT.— apply to the Recreation Management Area.
(c) LIVESTOCK USE OF VACANT ALLOT- (1) IN GENERAL.—The Secretary shall man- (f) REGIONAL TRANSPORTATION PROJECTS.—
MENTS.— age the Recreation Management Area— Nothing in this section precludes the Sec-
(1) IN GENERAL.—Not later than 3 years (A) in a manner that conserves, protects, retary from authorizing, in accordance with
after the date of enactment of this Act, in and enhances— applicable laws (including regulations), the
accordance with applicable laws (including (i) the purposes of the Recreation Manage- use or leasing of Federal land within the
regulations), the Secretary shall publish a ment Area described in subsection (b); and Recreation Management Area for—
determination regarding whether to author- (ii) recreation opportunities, including (1) a regional transportation project, in-
ize livestock grazing or other use by live- mountain biking, hiking, fishing, horseback cluding—
stock on the vacant allotments known as— riding, snowshoeing, climbing, skiing, camp- (A) highway widening or realignment; and
(A) the ‘‘Big Hole Allotment’’; and ing, and hunting; and (B) construction of multimodal transpor-
(B) the ‘‘Blue Ridge Allotment’’. (B) in accordance with— tation systems; or
(2) MODIFICATION OF ALLOTMENTS.—In pub- (i) the Forest and Rangeland Renewable (2) any infrastructure, activity, or safety
lishing a determination pursuant to para- Resources Planning Act of 1974 (16 U.S.C. 1600 measure associated with the implementation
graph (1), the Secretary may modify or com- et seq.); or use of a facility constructed under para-
bine the vacant allotments referred to in (ii) any other applicable laws (including graph (1).
that paragraph. regulations); and (g) APPLICABLE LAW.—Nothing in this sec-
(3) PERMIT OR OTHER AUTHORIZATION.—Not (iii) this section. tion affects the designation of the Federal
later than 1 year after the date on which a (2) USES.— land within the Recreation Management
determination of the Secretary to authorize (A) IN GENERAL.—The Secretary shall only Area for purposes of—
livestock grazing or other use by livestock is allow such uses of the Recreation Manage- (1) section 138 of title 23, United States
published under paragraph (1), if applicable, ment Area as the Secretary determines Code; or
the Secretary shall grant a permit or other would further the purposes described in sub- (2) section 303 of title 49, United States
authorization for that livestock grazing or section (b). Code.
(B) VEHICLES.— (h) PERMITS.—Nothing in this section al-
other use in accordance with applicable laws
(i) IN GENERAL.—Except as provided in ters or limits—
(including regulations).
(d) RANGE IMPROVEMENTS.— clause (iii), the use of motorized vehicles in (1) any permit held by a ski area or other
(1) IN GENERAL.—If the Secretary permits entity; or
the Recreation Management Area shall be
livestock grazing or other use by livestock (2) the acceptance, review, or implementa-
limited to the roads, vehicle classes, and pe-
tion of associated activities or facilities pro-
on the potential wilderness area under sub- riods authorized for motorized vehicle use on
posed or authorized by law or permit outside
section (c), the Secretary, or a third party the date of enactment of this Act.
the boundaries of the Recreation Manage-
authorized by the Secretary, may use any (ii) NEW OR TEMPORARY ROADS.—Except as
ment Area.
motorized or mechanized transport or equip- provided in clause (iii), no new or temporary
SEC. 1715. PORCUPINE GULCH WILDLIFE CON-
ment for purposes of constructing or reha- road shall be constructed in the Recreation SERVATION AREA.
bilitating such range improvements as are Management Area. (a) DESIGNATION.—Subject to valid existing
necessary to obtain appropriate livestock (iii) EXCEPTIONS.—Nothing in clause (i) or rights, the approximately 8,287 acres of Fed-
management objectives (including habitat (ii) prevents the Secretary from— eral land located in the White River National
and watershed restoration). (I) rerouting or closing an existing road or Forest, as generally depicted as ‘‘Proposed
(2) TERMINATION OF AUTHORITY.—The au- trail to protect natural resources from deg- Porcupine Gulch Wildlife Conservation
thority provided by this subsection termi- radation, as the Secretary determines to be Area’’ on the map entitled ‘‘Porcupine Gulch
nates on the date that is 2 years after the appropriate; Wildlife Conservation Area Proposal’’ and
date on which the Secretary publishes a posi- (II) authorizing the use of motorized vehi- dated June 24, 2019, are designated as the
tive determination under subsection (c)(3). cles for administrative purposes or roadside ‘‘Porcupine Gulch Wildlife Conservation
(e) DESIGNATION AS WILDERNESS.— camping; Area’’ (referred to in this section as the
(1) DESIGNATION.—The potential wilderness (III) constructing temporary roads or per- ‘‘Wildlife Conservation Area’’).
area designated by subsection (a) shall be mitting the use of motorized vehicles to (b) PURPOSES.—The purposes of the Wild-
designated as wilderness, to be known as the carry out pre- or post-fire watershed protec- life Conservation Area are—
‘‘Williams Fork Mountains Wilderness’’— tion projects; (1) to conserve and protect a wildlife mi-
(A) effective not earlier than the date that (IV) authorizing the use of motorized vehi- gration corridor over Interstate 70; and
is 180 days after the date of enactment this cles to carry out any activity described in (2) to conserve, protect, and enhance for
Act; and subsection (d), (e)(1), or (f); or the benefit and enjoyment of present and fu-
(B) on the earliest of— (V) responding to an emergency. ture generations the wildlife, scenic,
(i) the date on which the Secretary pub- (C) COMMERCIAL TIMBER.— roadless, watershed, and ecological resources
lishes in the Federal Register a notice that (i) IN GENERAL.—Subject to clause (ii), no of the Wildlife Conservation Area.
the construction or rehabilitation of range project shall be carried out in the Recreation (c) MANAGEMENT.—
improvements under subsection (d) is com- Management Area for the purpose of har- (1) IN GENERAL.—The Secretary shall man-
plete; vesting commercial timber. age the Wildlife Conservation Area—
(ii) the date described in subsection (d)(2); (ii) LIMITATION.—Nothing in clause (i) pre- (A) in a manner that conserves, protects,
and vents the Secretary from harvesting or sell- and enhances the purposes described in sub-
(iii) the effective date of a determination ing a merchantable product that is a byprod- section (b); and
of the Secretary not to authorize livestock uct of an activity authorized under this sec- (B) in accordance with—
grazing or other use by livestock under sub- tion. (i) the Forest and Rangeland Renewable
section (c)(1). (d) FIRE, INSECTS, AND DISEASES.—The Sec- Resources Planning Act of 1974 (16 U.S.C. 1600
(2) ADMINISTRATION.—Subject to valid ex- retary may carry out any activity, in ac- et seq.);
isting rights, the Secretary shall manage the cordance with applicable laws (including reg- (ii) any other applicable laws (including
Williams Fork Mountains Wilderness in ac- ulations), that the Secretary determines to regulations); and
cordance with— be necessary to prevent, control, or mitigate (iii) this section.
(A) the Colorado Wilderness Act of 1993 (16 fire, insects, or disease in the Recreation (2) USES.—
U.S.C. 1132 note; Public Law 103–77); and Management Area, subject to such terms and (A) IN GENERAL.—The Secretary shall only
(B) this subtitle. conditions as the Secretary determines to be allow such uses of the Wildlife Conservation
SEC. 1714. TENMILE RECREATION MANAGEMENT appropriate. Area as the Secretary determines would fur-
AREA. (e) WATER.— ther the purposes described in subsection (b).
(a) DESIGNATION.—Subject to valid existing (1) EFFECT ON WATER MANAGEMENT INFRA- (B) RECREATION.—The Secretary may per-
rights, the approximately 17,122 acres of Fed- STRUCTURE.—Nothing in this section affects mit such recreational activities in the Wild-
ctelli on DSK11ZRN23PROD with SENATE
eral land in the White River National Forest the construction, repair, reconstruction, re- life Conservation Area that the Secretary de-
in the State, as generally depicted as ‘‘Pro- placement, operation, maintenance, or ren- termines are consistent with the purposes
posed Tenmile Recreation Management ovation within the Recreation Management described in subsection (b).
Area’’ on the map entitled ‘‘Tenmile Pro- Area of— (C) MOTORIZED VEHICLES AND MECHANIZED
posal’’ and dated June 24, 2019, are des- (A) water management infrastructure in TRANSPORT; NEW OR TEMPORARY ROADS.—
ignated as the ‘‘Tenmile Recreation Manage- existence on the date of enactment of this (i) MOTORIZED VEHICLES AND MECHANIZED
ment Area’’. Act; or TRANSPORT.—Except as provided in clause
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7631
(iii), the use of motorized vehicles and (A) in a manner that conserves, protects, scape’’ on the map entitled ‘‘Camp Hale Na-
mechanized transport in the Wildlife Con- and enhances the purposes described in sub- tional Historic Landscape Proposal’’ and
servation Area shall be prohibited. section (b); and dated June 24, 2019, are designated the
(ii) NEW OR TEMPORARY ROADS.—Except as (B) in accordance with— ‘‘Camp Hale National Historic Landscape’’.
provided in clause (iii) and subsection (e), no (i) the Forest and Rangeland Renewable (b) PURPOSES.—The purposes of the His-
new or temporary road shall be constructed Resources Planning Act of 1974 (16 U.S.C. 1600 toric Landscape are—
within the Wildlife Conservation Area. et seq.); (1) to provide for—
(iii) EXCEPTIONS.—Nothing in clause (i) or (ii) any other applicable laws (including (A) the interpretation of historic events,
(ii) prevents the Secretary from— regulations); and activities, structures, and artifacts of the
(I) authorizing the use of motorized vehi- (iii) this section. Historic Landscape, including with respect
cles or mechanized transport for administra- (2) USES.— to the role of the Historic Landscape in
tive purposes; (A) IN GENERAL.—The Secretary shall only local, national, and world history;
(II) constructing temporary roads or per- allow such uses of the Wildlife Conservation (B) the historic preservation of the His-
mitting the use of motorized vehicles or Area as the Secretary determines would fur- toric Landscape, consistent with—
mechanized transport to carry out pre- or ther the purposes described in subsection (b). (i) the designation of the Historic Land-
post-fire watershed protection projects; (B) MOTORIZED VEHICLES.— scape as a national historic site; and
(III) authorizing the use of motorized vehi- (i) IN GENERAL.—Except as provided in (ii) the other purposes of the Historic
cles or mechanized transport to carry out ac- clause (iii), the use of motorized vehicles in Landscape;
tivities described in subsection (d) or (e); or the Wildlife Conservation Area shall be lim- (C) recreational opportunities, with an em-
(IV) responding to an emergency. ited to designated roads and trails. phasis on the activities related to the his-
(D) COMMERCIAL TIMBER.— (ii) NEW OR TEMPORARY ROADS.—Except as toric use of the Historic Landscape, includ-
(i) IN GENERAL.—Subject to clause (ii), no provided in clause (iii), no new or temporary ing skiing, snowshoeing, snowmobiling, hik-
project shall be carried out in the Wildlife road shall be constructed in the Wildlife ing, horseback riding, climbing, other road-
Conservation Area for the purpose of har- Conservation Area. and trail-based activities, and other outdoor
vesting commercial timber. (iii) EXCEPTIONS.—Nothing in clause (i) or activities; and
(ii) LIMITATION.—Nothing in clause (i) pre- (ii) prevents the Secretary from— (D) the continued environmental remedi-
vents the Secretary from harvesting or sell- (I) authorizing the use of motorized vehi- ation and removal of unexploded ordnance at
ing a merchantable product that is a byprod- cles for administrative purposes; the Camp Hale Formerly Used Defense Site
uct of an activity authorized under this sec- (II) authorizing the use of motorized vehi- and the Camp Hale historic cantonment
tion. cles to carry out activities described in sub- area; and
(d) FIRE, INSECTS, AND DISEASES.—The Sec- section (d); or (2) to conserve, protect, restore, and en-
retary may carry out any activity, in ac- (III) responding to an emergency. hance for the benefit and enjoyment of
cordance with applicable laws (including reg- (C) BICYCLES.—The use of bicycles in the present and future generations the scenic,
ulations), that the Secretary determines to Wildlife Conservation Area shall be limited watershed, and ecological resources of the
be necessary to prevent, control, or mitigate to designated roads and trails. Historic Landscape.
fire, insects, or disease in the Wildlife Con- (D) COMMERCIAL TIMBER.—
servation Area, subject to such terms and (c) MANAGEMENT.—
(i) IN GENERAL.—Subject to clause (ii), no (1) IN GENERAL.—The Secretary shall man-
conditions as the Secretary determines to be
project shall be carried out in the Wildlife age the Historic Landscape in accordance
appropriate.
(e) REGIONAL TRANSPORTATION PROJECTS.— Conservation Area for the purpose of har- with—
Nothing in this section or section 1720(f) pre- vesting commercial timber. (A) the purposes of the Historic Landscape
cludes the Secretary from authorizing, in ac- (ii) LIMITATION.—Nothing in clause (i) pre- described in subsection (b); and
cordance with applicable laws (including reg- vents the Secretary from harvesting or sell- (B) any other applicable laws (including
ulations), the use or leasing of Federal land ing a merchantable product that is a byprod- regulations).
within the Wildlife Conservation Area for— uct of an activity authorized under this sec- (2) MANAGEMENT PLAN.—
(1) a regional transportation project, in- tion. (A) IN GENERAL.—Not later than 5 years
cluding— (E) GRAZING.—The laws (including regula- after the date of enactment of this Act, the
(A) highway widening or realignment; and tions) and policies followed by the Secretary Secretary shall prepare a management plan
(B) construction of multimodal transpor- in issuing and administering grazing permits for the Historic Landscape.
tation systems; or or leases on land under the jurisdiction of (B) CONTENTS.—The management plan pre-
(2) any infrastructure, activity, or safety the Secretary shall continue to apply with pared under subparagraph (A) shall include
measure associated with the implementation regard to the land in the Wildlife Conserva- plans for—
or use of a facility constructed under para- tion Area, consistent with the purposes de- (i) improving the interpretation of historic
graph (1). scribed in subsection (b). events, activities, structures, and artifacts
(f) APPLICABLE LAW.—Nothing in this sec- (d) FIRE, INSECTS, AND DISEASES.—The Sec- of the Historic Landscape, including with re-
tion affects the designation of the Federal retary may carry out any activity, in ac- spect to the role of the Historic Landscape in
land within the Wildlife Conservation Area cordance with applicable laws (including reg- local, national, and world history;
for purposes of— ulations), that the Secretary determines to (ii) conducting historic preservation and
(1) section 138 of title 23, United States be necessary to prevent, control, or mitigate veteran outreach and engagement activities;
Code; or fire, insects, or disease in the Wildlife Con- (iii) managing recreational opportunities,
(2) section 303 of title 49, United States servation Area, subject to such terms and including the use and stewardship of—
Code. conditions as the Secretary determines to be
(I) the road and trail systems; and
(g) WATER.—Section 3(e) of the James Peak appropriate.
(e) REGIONAL TRANSPORTATION PROJECTS.— (II) dispersed recreation resources;
Wilderness and Protection Area Act (Public (iv) the conservation, protection, restora-
Law 107–216; 116 Stat. 1058) shall apply to the Nothing in this section or section 1720(f) pre-
cludes the Secretary from authorizing, in ac- tion, or enhancement of the scenic, water-
Wildlife Conservation Area. shed, and ecological resources of the Historic
SEC. 1716. WILLIAMS FORK MOUNTAINS WILD-
cordance with applicable laws (including reg-
ulations), the use or leasing of Federal land Landscape, including—
LIFE CONSERVATION AREA. (I) conducting the restoration and en-
(a) DESIGNATION.—Subject to valid existing within the Wildlife Conservation Area for—
(1) a regional transportation project, in- hancement project under subsection (d);
rights, the approximately 3,528 acres of Fed- (II) forest fuels, wildfire, and mitigation
eral land in the White River National Forest cluding—
(A) highway widening or realignment; and management; and
in the State, as generally depicted as ‘‘Pro- (III) watershed health and protection;
posed Williams Fork Mountains Wildlife (B) construction of multimodal transpor-
tation systems; or (v) environmental remediation and, con-
Conservation Area’’ on the map entitled
(2) any infrastructure, activity, or safety sistent with subsection (e)(2), the removal of
‘‘Williams Fork Mountains Proposal’’ and
measure associated with the implementation unexploded ordnance; and
dated June 24, 2019, are designated as the
or use of a facility constructed under para- (vi) managing the Historic Landscape in
‘‘Williams Fork Mountains Wildlife Con-
graph (1). accordance with subsection (g).
servation Area’’ (referred to in this section
as the ‘‘Wildlife Conservation Area’’). (f) WATER.—Section 3(e) of the James Peak (3) EXPLOSIVE HAZARDS.—The Secretary
(b) PURPOSES.—The purposes of the Wild- Wilderness and Protection Area Act (Public shall provide to the Secretary of the Army a
life Conservation Area are to conserve, pro- Law 107–216; 116 Stat. 1058) shall apply to the notification of any unexploded ordnance (as
tect, and enhance for the benefit and enjoy- Wildlife Conservation Area. defined in section 101(e) of title 10, United
ctelli on DSK11ZRN23PROD with SENATE
ment of present and future generations the SEC. 1717. CAMP HALE NATIONAL HISTORIC States Code) that is discovered in the His-
wildlife, scenic, roadless, watershed, rec- LANDSCAPE. toric Landscape.
reational, and ecological resources of the (a) DESIGNATION.—Subject to valid existing (d) CAMP HALE RESTORATION AND ENHANCE-
Wildlife Conservation Area. rights, the approximately 28,676 acres of Fed- MENT PROJECT.—
(c) MANAGEMENT.— eral land in the White River National Forest (1) IN GENERAL.—The Secretary shall con-
(1) IN GENERAL.—The Secretary shall man- in the State, as generally depicted as ‘‘Pro- duct a restoration and enhancement project
age the Wildlife Conservation Area— posed Camp Hale National Historic Land- in the Historic Landscape—
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S7632 CONGRESSIONAL RECORD — SENATE November 2, 2021
(A) to improve aquatic, riparian, and wet- Act and periodically thereafter, as appro- 54, United States Code, the boundaries of the
land conditions in and along the Eagle River priate, a management plan for the Historic White River National Forest, as modified by
and tributaries of the Eagle River; Landscape for purposes of the removal ac- subsection (a), shall be considered to be the
(B) to maintain or improve recreation and tivities described in subsection (e). boundaries of the White River National For-
interpretive opportunities and facilities; and (g) EFFECT.—Nothing in this section— est as in existence on January 1, 1965.
(C) to conserve historic values in the Camp (1) affects the jurisdiction of the State over SEC. 1719. ROCKY MOUNTAIN NATIONAL PARK
Hale area. any water law, water right, or adjudication POTENTIAL WILDERNESS BOUND-
(2) COORDINATION.—In carrying out the or administration relating to any water re- ARY ADJUSTMENT.
project described in paragraph (1), the Sec- source; (a) PURPOSE.—The purpose of this section
retary shall coordinate with, and provide the (2) affects any water right in existence on is to provide for the ongoing maintenance
opportunity to collaborate on the project the date of enactment of this Act, or the ex- and use of portions of the Trail River Ranch
to— ercise of such a water right, including— and the associated property located within
(A) the Corps of Engineers; (A) a water right subject to an interstate Rocky Mountain National Park in Grand
(B) the Camp Hale-Eagle River Headwaters water compact (including full development County in the State.
Collaborative Group; of any apportionment made in accordance (b) BOUNDARY ADJUSTMENT.—Section
(C) the National Forest Foundation; with such a compact); 1952(b) of the Omnibus Public Land Manage-
(D) the Colorado Department of Public (B) a water right decreed within, above, ment Act of 2009 (Public Law 111–11; 123 Stat.
Health and Environment; below, or through the Historic Landscape; 1070) is amended by adding at the end the fol-
(E) the Colorado State Historic Preserva- (C) a change, exchange, plan for augmenta- lowing:
tion Office; tion, or other water decree with respect to a ‘‘(3) BOUNDARY ADJUSTMENT.—The bound-
(F) the Colorado Department of Natural water right, including a conditional water ary of the Potential Wilderness is modified
Resources; right, in existence on the date of enactment to exclude the area comprising approxi-
(G) units of local government; and of this Act— mately 15.5 acres of land identified as ‘Poten-
(H) other interested organizations and (i) that is consistent with the purposes de- tial Wilderness to Non-wilderness’ on the
members of the public. scribed in subsection (b); and map entitled ‘Rocky Mountain National
(e) ENVIRONMENTAL REMEDIATION.— (ii) that does not result in diversion of a Park Proposed Wilderness Area Amendment’
(1) IN GENERAL.—The Secretary of the greater flow rate or volume of water for such and dated January 16, 2018.’’.
Army shall continue to carry out the a water right in existence on the date of en- SEC. 1720. ADMINISTRATIVE PROVISIONS.
projects and activities of the Department of actment of this Act;
the Army in existence on the date of enact- (a) FISH AND WILDLIFE.—Nothing in this
(D) a water right held by the United subtitle affects the jurisdiction or responsi-
ment of this Act relating to cleanup of— States;
(A) the Camp Hale Formerly Used Defense bility of the State with respect to fish and
(E) the management or operation of any wildlife in the State.
Site; or reservoir, including the storage, manage-
(B) the Camp Hale historic cantonment (b) NO BUFFER ZONES.—
ment, release, or transportation of water; (1) IN GENERAL.—Nothing in this subtitle or
area. and
(2) REMOVAL OF UNEXPLODED ORDNANCE.— an amendment made by this subtitle estab-
(F) the construction or operation of such lishes a protective perimeter or buffer zone
(A) IN GENERAL.—The Secretary of the infrastructure as is determined to be nec-
Army may remove unexploded ordnance (as around—
essary by an individual or entity holding (A) a covered area;
defined in section 101(e) of title 10, United
water rights to develop and place to bene- (B) a wilderness area or potential wilder-
States Code) from the Historic Landscape, as
ficial use those rights, subject to applicable ness area designated by section 1713;
the Secretary of the Army determines to be
Federal, State, and local law (including reg- (C) the Recreation Management Area;
appropriate in accordance with applicable
ulations); (D) a Wildlife Conservation Area; or
law (including regulations).
(3) constitutes an express or implied res- (E) the Historic Landscape.
(B) ACTION ON RECEIPT OF NOTICE.—On re-
ervation by the United States of any re- (2) OUTSIDE ACTIVITIES.—The fact that a
ceipt from the Secretary of a notification of
served or appropriative water right; nonwilderness activity or use on land outside
unexploded ordnance under subsection (c)(3),
(4) alters or limits— of an area described in paragraph (1) can be
the Secretary of the Army may remove the
(A) a permit held by a ski area; seen or heard from within the applicable
unexploded ordnance in accordance with—
(B) the implementation of activities gov- area described in paragraph (1) shall not pre-
(i) the program for environmental restora-
erned by a ski area permit; or clude the activity or use outside the bound-
tion of formerly used defense sites under sec-
(C) the authority of the Secretary to mod- ary of the applicable area described in para-
tion 2701 of title 10, United States Code;
ify or expand an existing ski area permit; graph (1).
(ii) the Comprehensive Environmental Re-
(5) prevents the Secretary from closing (c) TRIBAL RIGHTS AND USES.—
sponse, Compensation, and Liability Act of
portions of the Historic Landscape for public (1) TREATY RIGHTS.—Nothing in this sub-
1980 (42 U.S.C. 9601 et seq.); and
safety, environmental remediation, or other title affects the treaty rights of an Indian
(iii) any other applicable provision of law
use in accordance with applicable laws; or Tribe.
(including regulations).
(6) affects— (2) TRADITIONAL TRIBAL USES.—Subject to
(3) EFFECT OF SUBSECTION.—Nothing in this
(A) any special use permit in effect on the any terms and conditions that the Secretary
subsection modifies any obligation in exist-
date of enactment of this Act; or determines to be necessary and in accord-
ence on the date of enactment of this Act re-
(B) the renewal of a permit described in ance with applicable law, the Secretary shall
lating to environmental remediation or re-
subparagraph (A). allow for the continued use of the areas de-
moval of any unexploded ordnance located in (h) FUNDING.—
or around the Camp Hale historic canton- scribed in subsection (b)(1) by members of In-
(1) IN GENERAL.—There is established in the
ment area, the Camp Hale Formerly Used dian Tribes—
general fund of the Treasury a special ac-
Defense Site, or the Historic Landscape, in- (A) for traditional ceremonies; and
count, to be known as the ‘‘Camp Hale His-
cluding such an obligation under— (B) as a source of traditional plants and
toric Preservation and Restoration Fund’’.
(A) the program for environmental restora- other materials.
(2) AUTHORIZATION OF APPROPRIATIONS.—
tion of formerly used defense sites under sec- (d) MAPS AND LEGAL DESCRIPTIONS.—
There is authorized to be appropriated to the
tion 2701 of title 10, United States Code; (1) IN GENERAL.—As soon as practicable
Camp Hale Historic Preservation and Res-
(B) the Comprehensive Environmental Re- after the date of enactment of this Act, the
toration Fund $10,000,000, to be available to
sponse, Compensation, and Liability Act of Secretary shall file maps and legal descrip-
the Secretary until expended, for activities
1980 (42 U.S.C. 9601 et seq.); or tions of each area described in subsection
relating to historic interpretation, preserva-
(C) any other applicable provision of law (b)(1) with—
tion, and restoration carried out in and
(including regulations). (A) the Committee on Natural Resources of
around the Historic Landscape.
(f) INTERAGENCY AGREEMENT.—The Sec- (i) DESIGNATION OF OVERLOOK.—The inter- the House of Representatives; and
retary and the Secretary of the Army shall pretive site located beside United States (B) the Committee on Energy and Natural
enter into an agreement— Route 24 in the State, at 39.431N 106.323W, is Resources of the Senate.
(1) to specify— designated as the ‘‘Sandy Treat Overlook’’. (2) FORCE OF LAW.—Each map and legal de-
(A) the activities of the Secretary relating SEC. 1718. WHITE RIVER NATIONAL FOREST scription filed under paragraph (1) shall have
to the management of the Historic Land- BOUNDARY MODIFICATION. the same force and effect as if included in
scape; and (a) IN GENERAL.—The boundary of the this subtitle, except that the Secretary may
(B) the activities of the Secretary of the White River National Forest is modified to correct any typographical errors in the maps
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Army relating to environmental remediation include the approximately 120 acres com- and legal descriptions.
and the removal of unexploded ordnance in prised of the SW1⁄4, the SE1⁄4, and the NE1⁄4 of (3) PUBLIC AVAILABILITY.—Each map and
accordance with subsection (e) and other ap- the SE1⁄4 of sec. 1, T. 2 S., R. 80 W., 6th Prin- legal description filed under paragraph (1)
plicable laws (including regulations); and cipal Meridian, in Summit County in the shall be on file and available for public in-
(2) to require the Secretary to provide to State. spection in the appropriate offices of the
the Secretary of the Army, by not later than (b) LAND AND WATER CONSERVATION Forest Service.
1 year after the date of enactment of this FUND.—For purposes of section 200306 of title (e) ACQUISITION OF LAND.—
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7633
(1) IN GENERAL.—The Secretary may ac- acres, as generally depicted on the map enti- (A) IN GENERAL.—The Secretary may allow
quire any land or interest in land within the tled ‘Proposed Liberty Bell and Last Dollar any activities (including helicopter access
boundaries of an area described in subsection Additions to the Mt. Sneffels Wilderness, for recreation and maintenance and the com-
(b)(1) only through exchange, donation, or Liberty Bell East Special Management Area’ petitive running event permitted since 1992)
purchase from a willing seller. and dated September 6, 2018, which is incor- that have been authorized by permit or li-
(2) MANAGEMENT.—Any land or interest in porated in, and shall be administered as part cense as of the date of enactment of this Act
land acquired under paragraph (1) shall be in- of, the Mount Sneffels Wilderness. to continue within the Special Management
corporated into, and administered as a part ‘‘(B) WHITEHOUSE ADDITIONS.—Certain Fed- Areas, subject to such terms and conditions
of, the wilderness area, Recreation Manage- eral land in the Grand Mesa, Uncompahgre, as the Secretary may require.
ment Area, Wildlife Conservation Area, or and Gunnison National Forests comprising (B) PERMITTING.—The designation of the
Historic Landscape, as applicable, in which approximately 12,465 acres, as generally de- Special Management Areas by subsection (a)
the land or interest in land is located. picted on the map entitled ‘Proposed White- shall not affect the issuance of permits relat-
(f) WITHDRAWAL.—Subject to valid rights in house Additions to the Mt. Sneffels Wilder- ing to the activities covered under subpara-
existence on the date of enactment of this ness’ and dated September 6, 2018, which is graph (A) after the date of enactment of this
Act, the areas described in subsection (b)(1) incorporated in, and shall be administered as Act.
are withdrawn from— part of, the Mount Sneffels Wilderness. (C) BICYCLES.—The Secretary may permit
(1) entry, appropriation, and disposal under ‘‘(29) MCKENNA PEAK WILDERNESS.—Certain the use of bicycles in—
the public land laws; Federal land in the State of Colorado com- (i) the portion of the Sheep Mountain Spe-
(2) location, entry, and patent under min- prising approximately 8,884 acres of Bureau cial Management Area identified as ‘‘Ophir
ing laws; and of Land Management land, as generally de- Valley Area’’ on the map entitled ‘‘Proposed
(3) operation of the mineral leasing, min- picted on the map entitled ‘Proposed McKen- Sheep Mountain Special Management Area’’
eral materials, and geothermal leasing laws. na Peak Wilderness Area’ and dated Sep- and dated September 19, 2018; and
(g) MILITARY OVERFLIGHTS.—Nothing in tember 18, 2018, to be known as the ‘McKenna (ii) the portion of the Liberty Bell East
this subtitle or an amendment made by this Peak Wilderness’.’’. Special Management Area identified as ‘‘Lib-
subtitle restricts or precludes— SEC. 1733. SPECIAL MANAGEMENT AREAS. erty Bell Corridor’’ on the map entitled
(1) any low-level overflight of military air- (a) DESIGNATION.— ‘‘Proposed Liberty Bell and Last Dollar Ad-
craft over any area subject to this subtitle or (1) SHEEP MOUNTAIN SPECIAL MANAGEMENT ditions to the Mt. Sneffels Wilderness, Lib-
an amendment made by this subtitle, includ- AREA.—The Federal land in the Grand Mesa, erty Bell East Special Management Area’’
ing military overflights that can be seen, Uncompahgre, and Gunnison and San Juan and dated September 6, 2018.
heard, or detected within such an area; National Forests in the State comprising ap- (d) APPLICABLE LAW.—Water and water
(2) flight testing or evaluation over an area proximately 21,663 acres, as generally de- rights in the Special Management Areas
described in paragraph (1); or picted on the map entitled ‘‘Proposed Sheep shall be administered in accordance with
(3) the use or establishment of— Mountain Special Management Area’’ and section 8 of the Colorado Wilderness Act of
(A) any new unit of special use airspace dated September 19, 2018, is designated as the 1993 (Public Law 103–77; 107 Stat. 762), except
over an area described in paragraph (1); or ‘‘Sheep Mountain Special Management that, for purposes of this subtitle—
(B) any military flight training or trans- Area’’. (1) any reference contained in that section
portation over such an area. (2) LIBERTY BELL EAST SPECIAL MANAGE- to ‘‘the lands designated as wilderness by
(h) SENSE OF CONGRESS.—It is the sense of MENT AREA.—The Federal land in the Grand this Act’’, ‘‘the Piedra, Roubideau, and
Congress that military aviation training on Mesa, Uncompahgre, and Gunnison National Tabeguache areas identified in section 9 of
Federal public land in the State, including Forests in the State comprising approxi- this Act, or the Bowen Gulch Protection
the training conducted at the High-Altitude mately 792 acres, as generally depicted on Area or the Fossil Ridge Recreation Manage-
Army National Guard Aviation Training the map entitled ‘‘Proposed Liberty Bell and ment Area identified in sections 5 and 6 of
Site, is critical to the national security of Last Dollar Additions to the Mt. Sneffels this Act’’, or ‘‘the areas described in sections
the United States and the readiness of the Wilderness, Liberty Bell East Special Man- 2, 5, 6, and 9 of this Act’’ shall be considered
Armed Forces. agement Area’’ and dated September 6, 2018, to be a reference to ‘‘the Special Manage-
Subtitle B—San Juan Mountains is designated as the ‘‘Liberty Bell East Spe- ment Areas’’; and
SEC. 1731. DEFINITIONS. cial Management Area’’. (2) any reference contained in that section
In this subtitle: (b) PURPOSE.—The purpose of the Special to ‘‘this Act’’ shall be considered to be a ref-
(1) COVERED LAND.—The term ‘‘covered Management Areas is to conserve and pro- erence to ‘‘the Colorado Outdoor Recreation
land’’ means— tect for the benefit and enjoyment of present and Economy Act’’.
(A) land designated as wilderness under and future generations the geological, cul- SEC. 1734. RELEASE OF WILDERNESS STUDY
paragraphs (27) through (29) of section 2(a) of tural, archaeological, paleontological, nat- AREAS.
the Colorado Wilderness Act of 1993 (16 ural, scientific, recreational, wilderness, (a) DOMINGUEZ CANYON WILDERNESS STUDY
U.S.C. 1132 note; Public Law 103–77) (as added wildlife, riparian, historical, educational, AREA.—Subtitle E of title II of Public Law
by section 1732); and and scenic resources of the Special Manage- 111–11 is amended—
(B) a Special Management Area. ment Areas. (1) by redesignating section 2408 (16 U.S.C.
(2) SECRETARY.—The term ‘‘Secretary’’ (c) MANAGEMENT.— 460zzz–7) as section 2409; and
means the Secretary of Agriculture. (1) IN GENERAL.—The Secretary shall man- (2) by inserting after section 2407 (16 U.S.C.
(3) SPECIAL MANAGEMENT AREA.—The term age the Special Management Areas in a man- 460zzz–6) the following:
‘‘Special Management Area’’ means each of— ner that— ‘‘SEC. 2408. RELEASE.
(A) the Sheep Mountain Special Manage- (A) conserves, protects, and enhances the ‘‘(a) IN GENERAL.—Congress finds that, for
ment Area designated by section 1733(a)(1); resources and values of the Special Manage- the purposes of section 603(c) of the Federal
and ment Areas described in subsection (b); Land Policy and Management Act of 1976 (43
(B) the Liberty Bell East Special Manage- (B) subject to paragraph (3), maintains or U.S.C. 1782(c)), the portions of the
ment Area designated by section 1733(a)(2). improves the wilderness character of the Dominguez Canyon Wilderness Study Area
SEC. 1732. ADDITIONS TO NATIONAL WILDER- Special Management Areas and the suit- not designated as wilderness by this subtitle
NESS PRESERVATION SYSTEM. ability of the Special Management Areas for have been adequately studied for wilderness
Section 2(a) of the Colorado Wilderness Act potential inclusion in the National Wilder- designation.
of 1993 (16 U.S.C. 1132 note; Public Law 103– ness Preservation System; and ‘‘(b) RELEASE.—Any public land referred to
77) (as amended by section 1712(a)(2)) is (C) is in accordance with— in subsection (a) that is not designated as
amended by adding at the end the following: (i) the National Forest Management Act of wilderness by this subtitle—
‘‘(27) LIZARD HEAD WILDERNESS ADDITION.— 1976 (16 U.S.C. 1600 et seq.); ‘‘(1) is no longer subject to section 603(c) of
Certain Federal land in the Grand Mesa, (ii) this subtitle; and the Federal Land Policy and Management
Uncompahgre, and Gunnison National For- (iii) any other applicable laws. Act of 1976 (43 U.S.C. 1782(c)); and
ests comprising approximately 3,141 acres, as (2) PROHIBITIONS.—The following shall be ‘‘(2) shall be managed in accordance with
generally depicted on the map entitled ‘Pro- prohibited in the Special Management Areas: this subtitle and any other applicable laws.’’.
posed Wilson, Sunshine, Black Face and San (A) Permanent roads. (b) MCKENNA PEAK WILDERNESS STUDY
Bernardo Additions to the Lizard Head Wil- (B) Except as necessary to meet the min- AREA.—
derness’ and dated September 6, 2018, which imum requirements for the administration (1) IN GENERAL.—Congress finds that, for
is incorporated in, and shall be administered of the Federal land, to provide access for the purposes of section 603(c) of the Federal
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as part of, the Lizard Head Wilderness. abandoned mine cleanup, and to protect pub- Land Policy and Management Act of 1976 (43
‘‘(28) MOUNT SNEFFELS WILDERNESS ADDI- lic health and safety— U.S.C. 1782(c)), the portions of the McKenna
TIONS.— (i) the use of motor vehicles, motorized Peak Wilderness Study Area in San Miguel
‘‘(A) LIBERTY BELL AND LAST DOLLAR ADDI- equipment, or mechanical transport (other County in the State not designated as wil-
TIONS.—Certain Federal land in the Grand than as provided in paragraph (3)); and derness by paragraph (29) of section 2(a) of
Mesa, Uncompahgre, and Gunnison National (ii) the establishment of temporary roads. the Colorado Wilderness Act of 1993 (16
Forests comprising approximately 7,235 (3) AUTHORIZED ACTIVITIES.— U.S.C. 1132 note; Public Law 103–77) (as added
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S7634 CONGRESSIONAL RECORD — SENATE November 2, 2021
by section 1732) have been adequately studied (f) GRAZING.—The grazing of livestock on within the Thompson Divide Withdrawal and
for wilderness designation. covered land, if established before the date of Protection Area.
(2) RELEASE.—Any public land referred to enactment of this Act, shall be permitted to (B) EXCLUSIONS.—The term ‘‘Thompson Di-
in paragraph (1) that is not designated as continue subject to such reasonable regula- vide lease’’ does not include any oil or gas
wilderness by paragraph (29) of section 2(a) of tions as are considered to be necessary by lease that—
the Colorado Wilderness Act of 1993 (16 the Secretary with jurisdiction over the cov- (i) is associated with a Wolf Creek Storage
U.S.C. 1132 note; Public Law 103–77) (as added ered land, in accordance with— Field development right; or
by section 1732)— (1) section 4(d)(4) of the Wilderness Act (16 (ii) before the date of enactment of this
(A) is no longer subject to section 603(c) of U.S.C. 1133(d)(4)); and Act, has expired, been cancelled, or other-
the Federal Land Policy and Management (2) the applicable guidelines set forth in wise terminated.
Act of 1976 (43 U.S.C. 1782(c)); and Appendix A of the report of the Committee (6) THOMPSON DIVIDE MAP.—The term
(B) shall be managed in accordance with on Interior and Insular Affairs of the House ‘‘Thompson Divide map’’ means the map en-
applicable laws. of Representatives accompanying H.R. 2570 titled ‘‘Greater Thompson Divide Area Map’’
SEC. 1735. ADMINISTRATIVE PROVISIONS. of the 101st Congress (H. Rept. 101–405) or and dated June 13, 2019.
(a) FISH AND WILDLIFE.—Nothing in this H.R. 5487 of the 96th Congress (H. Rept. 96– (7) THOMPSON DIVIDE WITHDRAWAL AND PRO-
subtitle affects the jurisdiction or responsi- 617). TECTION AREA.—The term ‘‘Thompson Divide
bility of the State with respect to fish and (g) FIRE, INSECTS, AND DISEASES.—In ac- Withdrawal and Protection Area’’ means the
wildlife in the State. cordance with section 4(d)(1) of the Wilder- Federal land and minerals generally depicted
(b) NO BUFFER ZONES.— ness Act (16 U.S.C. 1133(d)(1)), the Secretary on the Thompson Divide map as the
(1) IN GENERAL.—Nothing in this subtitle with jurisdiction over a wilderness area des- ‘‘Thompson Divide Withdrawal and Protec-
establishes a protective perimeter or buffer ignated by paragraphs (27) through (29) of tion Area’’.
zone around covered land. section 2(a) of the Colorado Wilderness Act (8) WOLF CREEK STORAGE FIELD DEVELOP-
(2) ACTIVITIES OUTSIDE WILDERNESS.—The of 1993 (16 U.S.C. 1132 note; Public Law 103– MENT RIGHT.—
fact that a nonwilderness activity or use on 77) (as added by section 1732) may carry out (A) IN GENERAL.—The term ‘‘Wolf Creek
land outside of the covered land can be seen any activity in the wilderness area that the Storage Field development right’’ means a
or heard from within covered land shall not Secretary determines to be necessary for the development right for any of the Federal
preclude the activity or use outside the control of fire, insects, and diseases, subject mineral leases numbered COC 007496, COC
boundary of the covered land. to such terms and conditions as the Sec- 007497, COC 007498, COC 007499, COC 007500,
(c) TRIBAL RIGHTS AND USES.— retary determines to be appropriate. COC 007538, COC 008128, COC 015373, COC
(1) TREATY RIGHTS.—Nothing in this sub- (h) WITHDRAWAL.—Subject to valid rights 0128018, COC 051645, and COC 051646, as gen-
title affects the treaty rights of any Indian in existence on the date of enactment of this erally depicted on the Thompson Divide map
Tribe, including rights under the Agreement Act, the covered land and the approximately as ‘‘Wolf Creek Storage Agreement’’.
of September 13, 1873, ratified by the Act of 6,590 acres generally depicted on the map en- (B) EXCLUSIONS.—The term ‘‘Wolf Creek
April 29, 1874 (18 Stat. 36, chapter 136). titled ‘‘Proposed Naturita Canyon Mineral Storage Field development right’’ does not
(2) TRADITIONAL TRIBAL USES.—Subject to Withdrawal Area’’ and dated September 6, include any storage right or related activity
any terms and conditions as the Secretary 2018, is withdrawn from— within the area described in subparagraph
determines to be necessary and in accord- (1) entry, appropriation, and disposal under (A).
ance with applicable law, the Secretary shall the public land laws;
allow for the continued use of the covered SEC. 1743. THOMPSON DIVIDE WITHDRAWAL AND
(2) location, entry, and patent under min- PROTECTION AREA.
land by members of Indian Tribes— ing laws; and
(A) for traditional ceremonies; and (a) WITHDRAWAL.—Subject to valid rights
(3) operation of the mineral leasing, min- in existence on the date of enactment of this
(B) as a source of traditional plants and eral materials, and geothermal leasing laws.
other materials. Act, the Thompson Divide Withdrawal and
(d) MAPS AND LEGAL DESCRIPTIONS.— Subtitle C—Thompson Divide Protection Area is withdrawn from—
(1) IN GENERAL.—As soon as practicable SEC. 1741. PURPOSES. (1) entry, appropriation, and disposal under
after the date of enactment of this Act, the The purposes of this subtitle are— the public land laws;
Secretary or the Secretary of the Interior, as (1) subject to valid existing rights, to with- (2) location, entry, and patent under the
appropriate, shall file a map and a legal de- draw certain Federal land in the Thompson mining laws; and
scription of each wilderness area designated Divide area from mineral and other disposal (3) operation of the mineral leasing, min-
by paragraphs (27) through (29) of section 2(a) laws in order to protect the agricultural, eral materials, and geothermal leasing laws.
of the Colorado Wilderness Act of 1993 (16 ranching, wildlife, air quality, recreation, (b) SURVEYS.—The exact acreage and legal
U.S.C. 1132 note; Public Law 103–77) (as added ecological, and scenic values of the area; and description of the Thompson Divide With-
by section 1732) and the Special Management (2) to promote the capture of fugitive drawal and Protection Area shall be deter-
Areas with— methane emissions that would otherwise be mined by surveys approved by the Secretary,
(A) the Committee on Natural Resources of emitted into the atmosphere— in consultation with the Secretary of Agri-
the House of Representatives; and (A) to reduce methane gas emissions; and culture.
(B) the Committee on Energy and Natural (B) to provide— (c) GRAZING.—Nothing in this title affects
Resources of the Senate. (i) new renewable electricity supplies and the administration of grazing in the Thomp-
(2) FORCE OF LAW.—Each map and legal de- other beneficial uses of fugitive methane son Divide Withdrawal and Protection Area.
scription filed under paragraph (1) shall have emissions; and SEC. 1744. THOMPSON DIVIDE LEASE EXCHANGE.
the same force and effect as if included in (ii) increased royalties for taxpayers. (a) IN GENERAL.—In exchange for the relin-
this subtitle, except that the Secretary or SEC. 1742. DEFINITIONS. quishment by a leaseholder of all Thompson
the Secretary of the Interior, as appropriate, In this subtitle: Divide leases of the leaseholder, the Sec-
may correct any typographical errors in the (1) FUGITIVE METHANE EMISSIONS.—The retary may issue to the leaseholder credits
maps and legal descriptions. term ‘‘fugitive methane emissions’’ means for any bid, royalty, or rental payment due
(3) PUBLIC AVAILABILITY.—Each map and methane gas from the Federal land in Gar- under any Federal oil or gas lease on Federal
legal description filed under paragraph (1) field, Gunnison, Delta, or Pitkin County in land in the State, in accordance with sub-
shall be on file and available for public in- the State, as generally depicted on the pilot section (b).
spection in the appropriate offices of the Bu- program map as ‘‘Fugitive Coal Mine Meth- (b) AMOUNT OF CREDITS.—
reau of Land Management and the Forest ane Use Pilot Program Area’’, that would (1) IN GENERAL.—Subject to paragraph (2),
Service. leak or be vented into the atmosphere from the amount of the credits issued to a lease-
(e) ACQUISITION OF LAND.— an active, inactive, or abandoned under- holder of a Thompson Divide lease relin-
(1) IN GENERAL.—The Secretary or the Sec- ground coal mine. quished under subsection (a) shall—
retary of the Interior, as appropriate, may (2) PILOT PROGRAM.—The term ‘‘pilot pro- (A) be equal to the sum of—
acquire any land or interest in land within gram’’ means the Greater Thompson Divide (i) the amount of the bonus bids paid for
the boundaries of a Special Management Fugitive Coal Mine Methane Use Pilot Pro- the applicable Thompson Divide leases;
Area or the wilderness designated under gram established by section 1745(a)(1). (ii) the amount of any rental paid for the
paragraphs (27) through (29) of section 2(a) of (3) PILOT PROGRAM MAP.—The term ‘‘pilot applicable Thompson Divide leases as of the
the Colorado Wilderness Act of 1993 (16 program map’’ means the map entitled date on which the leaseholder submits to the
U.S.C. 1132 note; Public Law 103–77) (as added ‘‘Greater Thompson Divide Fugitive Coal Secretary a notice of the decision to relin-
by section 1732) only through exchange, do- Mine Methane Use Pilot Program Area’’ and quish the applicable Thompson Divide leases;
ctelli on DSK11ZRN23PROD with SENATE
nation, or purchase from a willing seller. dated June 17, 2019. and
(2) MANAGEMENT.—Any land or interest in (4) SECRETARY.—The term ‘‘Secretary’’ (iii) the amount of any expenses incurred
land acquired under paragraph (1) shall be in- means the Secretary of the Interior. by the leaseholder of the applicable Thomp-
corporated into, and administered as a part (5) THOMPSON DIVIDE LEASE.— son Divide leases in the preparation of any
of, the wilderness or Special Management (A) IN GENERAL.—The term ‘‘Thompson Di- drilling permit, sundry notice, or other re-
Area in which the land or interest in land is vide lease’’ means any oil or gas lease in ef- lated submission in support of the develop-
located. fect on the date of enactment of this Act ment of the applicable Thompson Divide
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7635
leases as of January 28, 2019, including any (i) to complete an inventory of fugitive (C) DISCLOSURE.—Nothing in this sub-
expenses relating to the preparation of any methane emissions in accordance with sub- section requires the Secretary to publicly re-
analysis under the National Environmental section (b); lease information that—
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (ii) to provide for the leasing of fugitive (i) poses a threat to public safety;
(B) require the approval of the Secretary. methane emissions in accordance with sub- (ii) is confidential business information; or
(2) EXCLUSION.—The amount of a credit section (c); and (iii) is otherwise protected from public dis-
issued under subsection (a) shall not include (iii) to provide for the capping or destruc- closure.
any expenses paid by the leaseholder of a tion of fugitive methane emissions in accord- (5) USE.—The Secretary shall use the in-
Thompson Divide lease for legal fees or re- ance with subsection (d). ventory in carrying out—
lated expenses for legal work with respect to (B) COORDINATION.—In developing the plan (A) the leasing program under subsection
a Thompson Divide lease. under this paragraph, the Secretary shall co- (c); and
(c) CANCELLATION.—Effective on relinquish- ordinate with— (B) the capping or destruction of fugitive
ment under this section, and without any ad- (i) the State; methane emissions under subsection (d).
ditional action by the Secretary, a Thomp- (ii) Garfield, Gunnison, Delta, and Pitkin (c) FUGITIVE METHANE EMISSION LEASING
son Divide lease— Counties in the State; PROGRAM.—
(1) shall be permanently cancelled; and (iii) lessees of Federal coal within the (1) IN GENERAL.—Subject to valid existing
(2) shall not be reissued. counties referred to in clause (ii); rights and in accordance with this section,
(d) CONDITIONS.— (iv) interested institutions of higher edu- not later than 1 year after the date of com-
(1) APPLICABLE LAW.—Except as otherwise cation in the State; and pletion of the inventory required under sub-
provided in this section, each exchange (v) interested members of the public. section (b), the Secretary shall carry out a
under this section shall be conducted in ac- (b) FUGITIVE METHANE EMISSION INVEN- program to encourage the use and destruc-
cordance with— tion of fugitive methane emissions.
TORY.—
(A) this title; and (2) FUGITIVE METHANE EMISSIONS FROM COAL
(1) IN GENERAL.—Not later than 1 year after
(B) other applicable laws (including regula- MINES SUBJECT TO LEASE.—
the date of enactment of this Act, the Sec-
tions). (A) IN GENERAL.—The Secretary shall au-
retary shall complete an inventory of fugi-
(2) ACCEPTANCE OF CREDITS.—The Secretary thorize the holder of a valid existing Federal
tive methane emissions.
shall accept credits issued under subsection coal lease for a mine that is producing fugi-
(2) CONDUCT.—The Secretary may conduct
(a) in the same manner as cash for the pay- tive methane emissions to capture for use, or
the inventory under paragraph (1) through,
ments described in that subsection. destroy by flaring, the fugitive methane
or in collaboration with— emissions.
(3) APPLICABILITY.—The use of a credit (A) the Bureau of Land Management;
issued under subsection (a) shall be subject (B) CONDITIONS.—The authority under sub-
(B) the United States Geological Survey; paragraph (A) shall be subject to—
to the laws (including regulations) applica- (C) the Environmental Protection Agency;
ble to the payments described in that sub- (i) valid existing rights; and
(D) the United States Forest Service; (ii) such terms and conditions as the Sec-
section, to the extent that the laws are con- (E) State departments or agencies;
sistent with this section. retary may require.
(F) Garfield, Gunnison, Delta, or Pitkin (C) LIMITATIONS.—The program carried out
(4) TREATMENT OF CREDITS.—All amounts in County in the State;
the form of credits issued under subsection under paragraph (1) shall only include fugi-
(G) the Garfield County Federal Mineral tive methane emissions that can be captured
(a) accepted by the Secretary shall be con- Lease District;
sidered to be amounts received for the pur- for use, or destroyed by flaring, in a manner
(H) institutions of higher education in the that does not—
poses of—
State; (i) endanger the safety of any coal mine
(A) section 35 of the Mineral Leasing Act
(I) lessees of Federal coal within a county worker; or
(30 U.S.C. 191); and
referred to in subparagraph (F); (ii) unreasonably interfere with any ongo-
(B) section 20 of the Geothermal Steam Act
(J) the National Oceanic and Atmospheric ing operation at a coal mine.
of 1970 (30 U.S.C. 1019).
Administration; (D) COOPERATION.—
(e) WOLF CREEK STORAGE FIELD DEVELOP- (K) the National Center for Atmospheric (i) IN GENERAL.—The Secretary shall work
MENT RIGHTS.— Research; or cooperatively with the holders of valid exist-
(1) CONVEYANCE TO SECRETARY.—As a condi- (L) other interested entities, including ing Federal coal leases for mines that
tion precedent to the relinquishment of a members of the public. produce fugitive methane emissions to en-
Thompson Divide lease, any leaseholder with (3) CONTENTS.—The inventory under para- courage—
a Wolf Creek Storage Field development graph (1) shall include— (I) the capture of fugitive methane emis-
right shall permanently relinquish, transfer, (A) the general location and geographic co- sions for beneficial use, such as generating
and otherwise convey to the Secretary, in a ordinates of each vent, seep, or other source electrical power, producing usable heat,
form acceptable to the Secretary, all Wolf producing significant fugitive methane emis- transporting the methane to market, or
Creek Storage Field development rights of sions; transforming the fugitive methane emissions
the leaseholder. (B) an estimate of the volume and con- into a different marketable material; or
(2) LIMITATION OF TRANSFER.—An interest centration of fugitive methane emissions (II) if the beneficial use of the fugitive
acquired by the Secretary under paragraph from each source of significant fugitive methane emissions is not feasible, the de-
(1)— methane emissions, including details of struction of the fugitive methane emissions
(A) shall be held in perpetuity; and
measurements taken and the basis for that by flaring.
(B) shall not be—
emissions estimate; (ii) GUIDANCE.—In furtherance of the pur-
(i) transferred;
(C) an estimate of the total volume of fugi- poses of this paragraph, not later than 1 year
(ii) reissued; or
tive methane emissions each year; after the date of enactment of this Act, the
(iii) otherwise used for mineral extraction.
(D) relevant data and other information Secretary shall issue guidance for the imple-
SEC. 1745. GREATER THOMPSON DIVIDE FUGI- available from— mentation of Federal authorities and pro-
TIVE COAL MINE METHANE USE (i) the Environmental Protection Agency; grams to encourage the capture for use, or
PILOT PROGRAM. (ii) the Mine Safety and Health Adminis- destruction by flaring, of fugitive methane
(a) FUGITIVE COAL MINE METHANE USE tration; emissions, while minimizing impacts on nat-
PILOT PROGRAM.— (iii) the Colorado Department of Natural ural resources or other public interest val-
(1) ESTABLISHMENT.—There is established Resources; ues.
in the Bureau of Land Management a pilot (iv) the Colorado Public Utility Commis- (E) ROYALTIES.—The Secretary shall deter-
program, to be known as the ‘‘Greater sion; mine whether any fugitive methane emis-
Thompson Divide Fugitive Coal Mine Meth- (v) the Colorado Department of Health and sions used or destroyed pursuant to this
ane Use Pilot Program’’. Environment; and paragraph are subject to the payment of a
(2) PURPOSE.—The purpose of the pilot pro- (vi) the Office of Surface Mining Reclama- royalty under applicable law.
gram is to promote the capture, beneficial tion and Enforcement; and (3) FUGITIVE METHANE EMISSIONS FROM
use, mitigation, and sequestration of fugitive (E) such other information as may be use- ABANDONED COAL MINES.—
methane emissions— ful in advancing the purposes of the pilot (A) IN GENERAL.—Except as otherwise pro-
(A) to reduce methane emissions; program. vided in this section, notwithstanding sec-
(B) to promote economic development; (4) PUBLIC PARTICIPATION; DISCLOSURE.— tion 1743, subject to valid existing rights,
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(C) to produce bid and royalty revenues; (A) PUBLIC PARTICIPATION.—The Secretary and in accordance with section 21 of the Min-
(D) to improve air quality; and shall provide opportunities for public par- eral Leasing Act (30 U.S.C. 241) and any other
(E) to improve public safety. ticipation in the inventory under this sub- applicable law, the Secretary shall—
(3) PLAN.— section. (i) authorize the capture for use, or de-
(A) IN GENERAL.—Not later than 180 days (B) AVAILABILITY.—The Secretary shall struction by flaring, of fugitive methane
after the date of enactment of this Act, the make the inventory under this subsection emissions from abandoned coal mines on
Secretary shall develop a plan— publicly available. Federal land; and
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S7636 CONGRESSIONAL RECORD — SENATE November 2, 2021
(ii) make available for leasing such fugi- nificant sources of fugitive methane emis- identified on the map as ‘‘Lands withdrawn
tive methane emissions from abandoned coal sions from coal mines. or acquired for Bureau of Reclamation
mines on Federal land as the Secretary con- SEC. 1746. EFFECT. projects’’ that the Commissioner of Rec-
siders to be in the public interest. Except as expressly provided in this sub- lamation identifies as necessary for the ef-
(B) SOURCE.—To the maximum extent prac- title, nothing in this subtitle— fective operation of Bureau of Reclamation
ticable, the Secretary shall offer for lease (1) expands, diminishes, or impairs any water facilities, the Secretary may—
each significant vent, seep, or other source valid existing mineral leases, mineral inter- (I) approve, approve with modifications, or
of fugitive methane emissions from aban- est, or other property rights wholly or par- disapprove the request; and
doned coal mines. tially within the Thompson Divide With- (II) if the request is approved under sub-
(C) BID QUALIFICATIONS.—A bid to lease fu- drawal and Protection Area, including access clause (I), make any modifications to the
gitive methane emissions under this para- to the leases, interests, rights, or land in ac- map that are necessary to reflect that the
graph shall specify whether the prospective cordance with applicable Federal, State, and Commissioner of Reclamation retains man-
lessee intends— local laws (including regulations); agement authority over the minimum quan-
(i) to capture the fugitive methane emis- (2) prevents the capture of methane from tity of land required to fulfill the reclama-
sions for beneficial use, such as generating any active, inactive, or abandoned coal mine tion mission.
electrical power, producing usable heat, covered by this subtitle, in accordance with (ii) TRANSFER OF LAND.—
transporting the methane to market, or applicable laws; or (I) IN GENERAL.—Administrative jurisdic-
transforming the fugitive methane emissions (3) prevents access to, or the development tion over the land identified on the map as
into a different marketable material; of, any new or existing coal mine or lease in ‘‘Lands withdrawn or acquired for Bureau of
(ii) to destroy the fugitive methane emis- Delta or Gunnison County in the State. Reclamation projects’’, as modified pursuant
sions by flaring; or to clause (i)(II), if applicable, shall be trans-
Subtitle D—Curecanti National Recreation
(iii) to employ a specific combination of— ferred from the Commissioner of Reclama-
Area
(I) capturing the fugitive methane emis- tion to the Director of the National Park
sions for beneficial use; and SEC. 1751. DEFINITIONS. Service by not later than the date that is 1
(II) destroying the fugitive methane emis- In this subtitle: year after the date of enactment of this Act.
sion by flaring. (1) MAP.—The term ‘‘map’’ means the map (II) ACCESS TO TRANSFERRED LAND.—
(D) PRIORITY.— entitled ‘‘Curecanti National Recreation (aa) IN GENERAL.—Subject to item (bb), the
(i) IN GENERAL.—If there is more than 1 Area, Proposed Boundary’’, numbered 616/ Commissioner of Reclamation shall retain
qualified bid for a lease under this para- 100,485C, and dated August 11, 2016. access to the land transferred to the Director
graph, the Secretary shall select the bid that (2) NATIONAL RECREATION AREA.—The term of the National Park Service under subclause
the Secretary determines is likely to most ‘‘National Recreation Area’’ means the (I) for reclamation purposes, including for
significantly advance the public interest. Curecanti National Recreation Area estab- the operation, maintenance, and expansion
(ii) CONSIDERATIONS.—In determining the lished by section 1752(a). or replacement of facilities.
public interest under clause (i), the Sec- (3) SECRETARY.—The term ‘‘Secretary’’ (bb) MEMORANDUM OF UNDERSTANDING.—The
retary shall take into consideration— means the Secretary of the Interior. terms of the access authorized under item
(I) the size of the overall decrease in the SEC. 1752. CURECANTI NATIONAL RECREATION (aa) shall be determined by a memorandum
AREA. of understanding entered into between the
time-integrated radiative forcing of the fugi-
tive methane emissions; (a) ESTABLISHMENT.—Effective beginning Commissioner of Reclamation and the Direc-
(II) the impacts to other natural resource on the earlier of the date on which the Sec- tor of the National Park Service not later
values, including wildlife, water, and air; and retary approves a request under subsection than 1 year after the date of enactment of
(III) other public interest values, including (c)(2)(B)(i)(I) and the date that is 1 year after this Act.
scenic, economic, recreation, and cultural the date of enactment of this Act, there shall (3) MANAGEMENT AGREEMENTS.—
values. be established as a unit of the National Park (A) IN GENERAL.—The Secretary may enter
(E) LEASE FORM.— System the Curecanti National Recreation into management agreements, or modify
(i) IN GENERAL.—The Secretary shall de- Area, in accordance with this title, con- management agreements in existence on the
velop and provide to prospective bidders a sisting of approximately 50,667 acres of land date of enactment of this Act, relating to the
lease form for leases issued under this para- in the State, as generally depicted on the authority of the Director of the National
graph. map as ‘‘Curecanti National Recreation Area Park Service, the Commissioner of Reclama-
(ii) DUE DILIGENCE.—The lease form devel- Proposed Boundary’’. tion, the Director of the Bureau of Land
oped under clause (i) shall include terms and (b) AVAILABILITY OF MAP.—The map shall Management, or the Chief of the Forest
conditions requiring the leased fugitive be on file and available for public inspection Service to manage Federal land within or ad-
methane emissions to be put to beneficial in the appropriate offices of the National jacent to the boundary of the National
use or flared by not later than 1 year after Park Service. Recreation Area.
(c) ADMINISTRATION.— (B) STATE LAND.—The Secretary may enter
the date of issuance of the lease.
(1) IN GENERAL.—The Secretary shall ad- into cooperative management agreements
(F) ROYALTY RATE.—The Secretary shall
minister the National Recreation Area in ac- for any land administered by the State that
develop a minimum bid and royalty rate for
cordance with— is within or adjacent to the National Recre-
leases under this paragraph to advance the
(A) this subtitle; and ation Area, in accordance with the coopera-
purposes of this section, to the maximum ex-
(B) the laws (including regulations) gen- tive management authority under section
tent practicable.
(d) SEQUESTRATION.—If, by not later than 4 erally applicable to units of the National 101703 of title 54, United States Code.
years after the date of enactment of this Park System, including section 100101(a), (4) RECREATIONAL ACTIVITIES.—
Act, any significant fugitive methane emis- chapter 1003, and sections 100751(a), 100752, (A) AUTHORIZATION.—Except as provided in
sions from abandoned coal mines on Federal 100753, and 102101 of title 54, United States subparagraph (B), the Secretary shall allow
land are not leased under subsection (c)(3), Code. boating, boating-related activities, hunting,
the Secretary shall, in accordance with ap- (2) DAM, POWER PLANT, AND RESERVOIR MAN- and fishing in the National Recreation Area
plicable law, take all reasonable measures— AGEMENT AND OPERATIONS.— in accordance with applicable Federal and
(1) to cap those fugitive methane emissions (A) IN GENERAL.—Nothing in this subtitle State laws.
at the source in any case in which the cap affects or interferes with the authority of (B) CLOSURES; DESIGNATED ZONES.—
will result in the long-term sequestration of the Secretary— (i) IN GENERAL.—The Secretary, acting
all or a significant portion of the fugitive (i) to operate the Uncompahgre Valley through the Superintendent of the National
methane emissions; or Reclamation Project under the reclamation Recreation Area, may designate zones in
(2) if sequestration under paragraph (1) is laws; which, and establish periods during which,
not feasible, destroy the fugitive methane (ii) to operate the Wayne N. Aspinall Unit no boating, hunting, or fishing shall be per-
emissions by flaring. of the Colorado River Storage Project under mitted in the National Recreation Area
(e) REPORT TO CONGRESS.—Not later than 4 the Act of April 11, 1956 (commonly known as under subparagraph (A) for reasons of public
years after the date of enactment of this Act the ‘‘Colorado River Storage Project Act’’) safety, administration, or compliance with
the Secretary shall submit to the Committee (43 U.S.C. 620 et seq.); or applicable laws.
on Energy and Natural Resources of the Sen- (iii) under the Federal Water Project (ii) CONSULTATION REQUIRED.—Except in
ate and the Committee on Natural Resources Recreation Act (16 U.S.C. 460l–12 et seq.). the case of an emergency, any closure pro-
of the House of Representatives a report de- (B) RECLAMATION LAND.— posed by the Secretary under clause (i) shall
tailing— (i) SUBMISSION OF REQUEST TO RETAIN AD- not take effect until after the date on which
ctelli on DSK11ZRN23PROD with SENATE
(1) the economic and environmental im- MINISTRATIVE JURISDICTION.—If, before the the Superintendent of the National Recre-
pacts of the pilot program, including infor- date that is 1 year after the date of enact- ation Area consults with—
mation on increased royalties and estimates ment of this Act, the Commissioner of Rec- (I) the appropriate State agency respon-
of avoided greenhouse gas emissions; and lamation submits to the Secretary a request sible for hunting and fishing activities; and
(2) any recommendations of the Secretary for the Commissioner of Reclamation to re- (II) the Board of County Commissioners in
on whether the pilot program could be ex- tain administrative jurisdiction over the each county in which the zone is proposed to
panded geographically to include other sig- minimum quantity of land within the land be designated.
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7637
(5) LANDOWNER ASSISTANCE.—On the writ- (E) TERMINATION OF LEASES.—Within the (2) MANNER OF ACQUISITION.—
ten request of an individual that owns pri- National Recreation Area, the Secretary (A) IN GENERAL.—Subject to subparagraph
vate land located not more than 3 miles from may— (B), land described in paragraph (1) may be
the boundary of the National Recreation (i) accept the voluntary termination of a acquired under this subsection by—
Area, the Secretary may work in partnership lease or permit for grazing; or (i) donation;
with the individual to enhance the long-term (ii) in the case of a lease or permit vacated (ii) purchase from willing sellers with do-
conservation of natural, cultural, rec- for a period of 3 or more years, terminate the nated or appropriated funds;
reational, and scenic resources in and around lease or permit. (iii) transfer from another Federal agency;
the National Recreation Area— (8) WATER RIGHTS.—Nothing in this sub- or
(A) by acquiring all or a portion of the pri- title— (iv) exchange.
vate land or interests in private land located (A) affects any use or allocation in exist- (B) STATE LAND.—Land or interests in land
not more than 3 miles from the boundary of ence on the date of enactment of this Act of owned by the State or a political subdivision
the National Recreation Area by purchase, any water, water right, or interest in water; of the State may only be acquired by pur-
exchange, or donation, in accordance with (B) affects any vested absolute or decreed chase, donation, or exchange.
section 1753; conditional water right in existence on the (b) TRANSFER OF ADMINISTRATIVE JURISDIC-
(B) by providing technical assistance to date of enactment of this Act, including any TION.—
the individual, including cooperative assist- water right held by the United States; (1) FOREST SERVICE LAND.—
ance; (C) affects any interstate water compact in (A) IN GENERAL.—Administrative jurisdic-
existence on the date of enactment of this tion over the approximately 2,560 acres of
(C) through available grant programs; and
Act; land identified on the map as ‘‘U.S. Forest
(D) by supporting conservation easement
(D) shall be considered to be a relinquish- Service proposed transfer to the National
opportunities.
ment or reduction of any water right re- Park Service’’ is transferred to the Sec-
(6) WITHDRAWAL.—Subject to valid rights
served or appropriated by the United States retary, to be administered by the Director of
in existence on the date of enactment of this
in the State on or before the date of enact- the National Park Service as part of the Na-
Act, all Federal land within the National
ment of this Act; or tional Recreation Area.
Recreation Area is withdrawn from—
(E) constitutes an express or implied Fed- (B) BOUNDARY ADJUSTMENT.—The boundary
(A) entry, appropriation, and disposal eral reservation of any water or water rights
under the public land laws; of the Gunnison National Forest shall be ad-
with respect to the National Recreation justed to exclude the land transferred to the
(B) location, entry, and patent under the Area.
mining laws; and Secretary under subparagraph (A).
(9) FISHING EASEMENTS.— (2) BUREAU OF LAND MANAGEMENT LAND.—
(C) operation of the mineral leasing, min- (A) IN GENERAL.—Nothing in this subtitle
eral materials, and geothermal leasing laws. Administrative jurisdiction over the ap-
diminishes or alters the fish and wildlife pro- proximately 5,040 acres of land identified on
(7) GRAZING.— gram for the Aspinall Unit developed under
(A) STATE LAND SUBJECT TO A STATE GRAZ- the map as ‘‘Bureau of Land Management
section 8 of the Act of April 11, 1956 (com- proposed transfer to National Park Service’’
ING LEASE.— monly known as the ‘‘Colorado River Stor-
(i) IN GENERAL.—If State land acquired is transferred from the Director of the Bu-
age Project Act’’) (70 Stat. 110, chapter 203;
under this subtitle is subject to a State graz- reau of Land Management to the Director of
43 U.S.C. 620g), by the United States Fish and
ing lease in effect on the date of acquisition, the National Park Service, to be adminis-
Wildlife Service, the Bureau of Reclamation,
the Secretary shall allow the grazing to con- tered as part of the National Recreation
and the Colorado Division of Wildlife (includ-
tinue for the remainder of the term of the Area.
ing any successor in interest to that divi-
lease, subject to the related terms and condi- (3) WITHDRAWAL.—Administrative jurisdic-
sion) that provides for the acquisition of
tions of user agreements, including per- tion over the land identified on the map as
public access fishing easements as mitiga-
mitted stocking rates, grazing fee levels, ac- ‘‘Proposed for transfer to the Bureau of Land
tion for the Aspinall Unit (referred to in this
cess rights, and ownership and use of range Management, subject to the revocation of
paragraph as the ‘‘program’’).
improvements. Bureau of Reclamation withdrawal’’ shall be
(B) ACQUISITION OF FISHING EASEMENTS.—
(ii) ACCESS.—A lessee of State land may The Secretary shall continue to fulfill the transferred to the Director of the Bureau of
continue to use established routes within the obligation of the Secretary under the pro- Land Management on relinquishment of the
National Recreation Area to access State gram to acquire 26 miles of class 1 public land by the Bureau of Reclamation and rev-
land for purposes of administering the lease fishing easements to provide to sportsmen ocation by the Bureau of Land Management
if the use was permitted before the date of access for fishing within the Upper Gunnison of any withdrawal as may be necessary.
enactment of this Act, subject to such terms Basin upstream of the Aspinall Unit, subject (c) POTENTIAL LAND EXCHANGE.—
and conditions as the Secretary may require. to the condition that no existing fishing ac- (1) IN GENERAL.—The withdrawal for rec-
(B) STATE AND PRIVATE LAND.—The Sec- cess downstream of the Aspinall Unit shall lamation purposes of the land identified on
retary may, in accordance with applicable be counted toward the minimum mileage re- the map as ‘‘Potential exchange lands’’ shall
laws, authorize grazing on land acquired quirement under the program. be relinquished by the Commissioner of Rec-
from the State or private landowners under (C) PLAN.—Not later than 1 year after the lamation and revoked by the Director of the
section 1753, if grazing was established before date of enactment of this Act, the Secretary Bureau of Land Management and the land
the date of acquisition. shall develop a plan for fulfilling the obliga- shall be transferred to the National Park
(C) PRIVATE LAND.—On private land ac- tion of the Secretary described in subpara- Service.
quired under section 1753 for the National graph (B) by the date that is 10 years after (2) EXCHANGE; INCLUSION IN NATIONAL
Recreation Area on which authorized grazing RECREATION AREA.—On transfer of the land
the date of enactment of this Act.
is occurring before the date of enactment of (D) REPORTS.—Not later than each of 2 described in paragraph (1), the transferred
this Act, the Secretary, in consultation with years, 5 years, and 8 years after the date of land—
the lessee, may allow the continuation and enactment of this Act, the Secretary shall (A) may be exchanged by the Secretary for
renewal of grazing on the land based on the submit to Congress a report that describes private land described in section 1752(c)(5)—
terms of acquisition or by agreement be- the progress made in fulfilling the obligation (i) subject to a conservation easement re-
tween the Secretary and the lessee, subject of the Secretary described in subparagraph maining on the transferred land, to protect
to applicable law (including regulations). (B). the scenic resources of the transferred land;
(D) FEDERAL LAND.—The Secretary shall— (d) TRIBAL RIGHTS AND USES.— and
(i) allow, consistent with the grazing (1) TREATY RIGHTS.—Nothing in this sub- (ii) in accordance with the laws (including
leases, uses, and practices in effect as of the title affects the treaty rights of any Indian regulations) and policies governing National
date of enactment of this Act, the continu- Tribe. Park Service land exchanges; and
ation and renewal of grazing on Federal land (2) TRADITIONAL TRIBAL USES.—Subject to (B) if not exchanged under subparagraph
located within the boundary of the National any terms and conditions as the Secretary (A), shall be added to, and managed as a part
Recreation Area on which grazing is allowed determines to be necessary and in accord- of, the National Recreation Area.
before the date of enactment of this Act, un- ance with applicable law, the Secretary shall (d) ADDITION TO NATIONAL RECREATION
less the Secretary determines that grazing allow for the continued use of the National AREA.—Any land within the boundary of the
on the Federal land would present unaccept- Recreation Area by members of Indian National Recreation Area that is acquired by
able impacts (as defined in section 1.4.7.1 of Tribes— the United States shall be added to, and
the National Park Service document entitled (A) for traditional ceremonies; and managed as a part of, the National Recre-
‘‘Management Policies 2006: The Guide to (B) as a source of traditional plants and ation Area.
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Managing the National Park System’’) to other materials. SEC. 1754. GENERAL MANAGEMENT PLAN.
the natural, cultural, recreational, and sce- SEC. 1753. ACQUISITION OF LAND; BOUNDARY Not later than 3 years after the date on
nic resource values and the character of the MANAGEMENT. which funds are made available to carry out
land within the National Recreation Area; (a) ACQUISITION.— this subtitle, the Director of the National
and (1) IN GENERAL.—The Secretary may ac- Park Service, in consultation with the Com-
(ii) retain all authorities to manage graz- quire any land or interest in land within the missioner of Reclamation, shall prepare a
ing in the National Recreation Area. boundary of the National Recreation Area. general management plan for the National
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S7638 CONGRESSIONAL RECORD — SENATE November 2, 2021
Recreation Area in accordance with section that is organized under the laws of a foreign extending the life of Minuteman III inter-
100502 of title 54, United States Code. country or has its principal place of business continental ballistic missiles to 2050.
SEC. 1755. BOUNDARY SURVEY. in a foreign country; (2) MATTERS INCLUDED.—The study under
The Secretary (acting through the Direc- (C) any foreign governmental entity oper- paragraph (1) shall include the following:
tor of the National Park Service) shall pre- ating as a business enterprise; and (A) A comparison of the costs through 2050
pare a boundary survey and legal description (D) any successor, subunit, or subsidiary of of—
of the National Recreation Area. any entity described in subparagraph (B) or (i) extending the life of Minuteman III
(C). intercontinental ballistic missiles; and
SA 4170. Mr. MARKEY submitted an (ii) deploying the ground-based strategic
amendment intended to be proposed to SA 4171. Mr. MARKEY submitted an deterrent program.
amendment SA 3867 submitted by Mr. amendment intended to be proposed to (B) An analysis of opportunities to incor-
amendment SA 3867 submitted by Mr. porate technologies into the Minuteman III
REED and intended to be proposed to intercontinental ballistic missile program as
the bill H.R. 4350, to authorize appro- REED and intended to be proposed to
part of a service life extension program that
priations for fiscal year 2022 for mili- the bill H.R. 4350, to authorize appro- could also be incorporated in the future
tary activities of the Department of priations for fiscal year 2022 for mili- ground-based strategic deterrent program,
Defense, for military construction, and tary activities of the Department of including, at a minimum, opportunities to
for defense activities of the Depart- Defense, for military construction, and increase the resilience against adversary
ment of Energy, to prescribe military for defense activities of the Depart- missile defenses.
ment of Energy, to prescribe military (C) An analysis of the benefits and risks of
personnel strengths for such fiscal
personnel strengths for such fiscal incorporating sensors and nondestructive
year, and for other purposes; which was testing methods and technologies to reduce
ordered to lie on the table; as follows: year, and for other purposes; which was destructive testing requirements and in-
At the end of subtitle E of title XII, add ordered to lie on the table; as follows: crease the service life and number of Minute-
the following: At the end of subtitle C of title XV, add the man III missiles through 2050.
SEC. 1253. COUNTERING CHINA’S PROLIFERA- following: (D) An analysis and validation of the meth-
TION OF BALLISTIC MISSILES AND SEC. 1548. LIMITATION ON USE OF FUNDS FOR ods used to estimate the operational service
NUCLEAR TECHNOLOGY TO THE GROUND-BASED STRATEGIC DETER- life of Minuteman II and Minuteman III mo-
MIDDLE-EAST. RENT PROGRAM AND W87–1 WAR- tors, taking into account the test and launch
(a) MTCR TRANSFERS.—Not later than 30 HEAD MODIFICATION PROGRAM. experience of motors retired after the oper-
days after the date of the enactment of this (a) FINDINGS.—Congress finds the fol- ational service life of such motors in the
Act, the President shall submit to the appro- lowing: rocket systems launch program.
priate committees of Congress a written de- (1) According to the Congressional Budget (E) An analysis of the risks and benefits of
termination, and any documentation to sup- Office, the projected cost to sustain and alternative methods of estimating the oper-
port that determination detailing— modernize the United States nuclear arsenal, ational service life of Minuteman III motors,
(1) whether any foreign person in China as of 2017, ‘‘is $1.2 trillion in 2017 dollars over such as those methods based on fundamental
knowingly exported, transferred, or engaged the 2017–2046 period: more than $800 billion to physical and chemical processes and non-
in trade of any item designated under Cat- operate and sustain (that is, incrementally destructive measurements of individual
egory I of the MTCR Annex to any foreign upgrade) nuclear forces and about $400 bil- motor properties.
person in the previous three fiscal years; and lion to modernize them’’. With inflation, the (F) An analysis of risks, benefits, and costs
(2) the sanctions the President has imposed cost rises to $1,700,000,000,000 and does not in- of configuring a Trident II D5 submarine
or intends to impose pursuant to section clude the cost of the additional nuclear capa- launched ballistic missile for deployment in
11B(b) of the Export Administration Act of bilities proposed in the 2018 Nuclear Posture a Minuteman III silo.
1979 (50 U.S.C. 4612(b)) against any foreign Review. (G) An analysis of the impacts of the esti-
person who knowingly engaged in the export, (2) Maintaining and updating the current mated service life of the Minuteman III force
transfer, or trade of that item or items. Minuteman III intercontinental ballistic associated with decreasing the deployed
(b) CHINA’S NUCLEAR FUEL CYCLE COOPERA- missiles is possible for multiple decades and, intercontinental ballistic missiles delivery
TION.—Not later than 30 days after the date according to the Congressional Budget Of- vehicle force from 400 to 300.
of the enactment of this Act, the President fice, through 2036, this would cost (H) An assessment on the degree to which
shall submit to the appropriate committees $37,000,000,000 less in 2017 dollars than devel- the Columbia class ballistic missile sub-
of Congress a report detailing— oping and deploying the ground-based stra- marines will possess features that will en-
(1) whether any foreign person in China en- tegic deterrent program. hance the current invulnerability of ballistic
gaged in cooperation with any other foreign (3) A public opinion poll conducted from missile submarines of the United States to
person in the previous three fiscal years in October 12 to 28, 2020, by ReThink Media and future antisubmarine warfare threats.
the construction of any nuclear-related fuel the Federation of American Scientists found (I) An analysis of the degree to which an
cycle facility or activity that has not been that only 26 percent of registered voters in extension of the Minuteman III would im-
notified to the IAEA and would be subject to the United States preferred replacing the pact the decision of Russian Federation to
complementary access if an Additional Pro- Minuteman III intercontinental ballistic target intercontinental ballistic missiles of
tocol was in force; and missile with the ground-based strategic de- the United States in a crisis, as compared to
(2) the policy options required to prevent terrent, as compared to 60 percent of reg- proceeding with the ground-based strategic
and respond to any future effort by China to istered voters who opposed replacing the deterrent.
export to any foreign person an item classi- Minuteman III missile. (J) A best case estimate of what percent-
fied as ‘‘plants for the separation of isotopes (b) LIMITATION ON USE OF FUNDS.—None of age of the strategic forces of the United
of uranium’’ or ‘‘plants for the reprocessing the funds authorized to be appropriated or States would survive a counterforce strike
of irradiated nuclear reactor fuel elements’’ otherwise made available for fiscal year 2022 from the Russian Federation, broken down
under Part 110 of the Nuclear Regulatory may be obligated or expended for the ground- by intercontinental ballistic missiles, bal-
Commission export licensing authority. based strategic deterrent program or the listic missile submarines, and heavy bomber
(c) FORM OF REPORT.—The determination W87–1 warhead modification program until aircraft.
required under subsection (a) and the report the later of— (K) The benefits, risks, and costs of relying
required under subsection (b) shall be unclas- (1) the date on which the Secretary of De- on the W–78 warhead for either the Minute-
sified with a classified annex. fense submits to the appropriate congres- man III or a new ground-based strategic de-
(d) DEFINITIONS.—In this section: sional committees a certification that the terrent missile as compared to proceeding
(1) The term ‘‘appropriate committees of operational life of Minuteman III interconti- with the W–87 life extension.
Congress’’ means— nental ballistic missiles cannot be safely ex- (L) The benefits, risks, and costs of adding
(A) the Select Committee on Intelligence tended through at least 2050; and additional launchers or uploading sub-
of the Senate; (2) the date on which the Secretary trans- marine-launched ballistic missiles with addi-
(B) the Committee on Foreign Relations of mits to the appropriate congressional com- tional warheads to compensate for a reduced
the Senate; mittees the report required by paragraph (3) deployment of intercontinental ballistic mis-
(C) the Select Committee on Intelligence of subsection (c), as required by paragraph siles of the United States.
of the House of Representative; and (4) of that subsection. (M) An analysis of whether designing and
(D) the Committee on Foreign Affairs of (c) INDEPENDENT STUDY ON EXTENSION OF fielding a new intercontinental ballistic mis-
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the House of Representatives. MINUTEMAN III INTERCONTINENTAL BALLISTIC sile through at least 2070 is consistent with
(2) FOREIGN PERSON; PERSON.—The terms MISSILES.— the obligation of the United States under Ar-
‘‘foreign person’’ and ‘‘person’’ mean— (1) INDEPENDENT STUDY.—Not later than 30 ticle VI of the Treaty on the Non-Prolifera-
(A) a natural person that is an alien; days after the date of the enactment of this tion of Nuclear Weapons done at Wash-
(B) a corporation, business association, Act, the Secretary of Defense shall seek to ington, London, and Moscow July 1, 1968 (21
partnership, society, trust, or any other non- enter into a contract with the National UST 483) (commonly referred to as the ‘‘Nu-
governmental entity, organization, or group, Academy of Sciences to conduct a study on clear Non-Proliferation Treaty’’) to ‘‘pursue
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7639
negotiations in good faith on effective meas- (F) A first-use nuclear strike conducted ab- $634,000,000,000 to maintain and recapitalize
ures relating to cessation of the nuclear sent a declaration of war by Congress would its nuclear force, according to a January 2019
arms race at an early date and to nuclear violate the Constitution. estimate from the Congressional Budget Of-
disarmament’’. (G) The President has the sole authority to fice, an increase of $140,000,000,000 from the
(3) SUBMISSION TO DEPARTMENT OF DE- authorize the use of nuclear weapons, an Congressional Budget Office’s 2019 estimate,
FENSE.—Not later than 180 days after the order which military officers of the United with 36 percent of that additional cost stem-
date of the enactment of this Act, the Na- States must carry out in accordance with ming ‘‘mainly from new plans for modern-
tional Academy of Sciences shall submit to their obligations under the Uniform Code of izing [the Department of Energy’s] produc-
the Secretary a report containing the find- Military Justice. tion facilities and from [the Department of
ings of the study conducted under paragraph (H) Given its exclusive power under the Defense’s] modernization programs moving
(1). Constitution to declare war, Congress must more fully into production’’.
(4) SUBMISSION TO CONGRESS.—Not later provide meaningful checks and balances to (4) Adjusted for inflation, the Congres-
than 210 days after the date of the enactment the President’s sole authority to authorize sional Budget Office estimates that the
of this Act, the Secretary shall transmit to the use of a nuclear weapon. United States will spend $1,700,000,000,000
the appropriate congressional committees (2) DECLARATION OF POLICY.—It is the pol- through fiscal year 2046 on new nuclear
the report required by paragraph (3), without icy of the United States that no first-use nu- weapons and modernization and infrastruc-
change. clear strike should be conducted absent a ture programs.
(5) FORM.—The report required by para- declaration of war by Congress. (5) Inaccurate budget forecasting is likely
graph (3) shall be submitted in unclassified (b) PROHIBITION ON CONDUCT OF FIRST-USE to continue to plague the Department of De-
form, but may include a classified annex. NUCLEAR STRIKES.— fense and the Department of Energy, as evi-
(d) APPROPRIATE CONGRESSIONAL COMMIT- (1) PROHIBITION.—No Federal funds may be denced by the fiscal year 2021 budget request
TEES DEFINED.—In this section, the term obligated or expended to conduct a first-use of the President for the National Nuclear Se-
‘‘appropriate congressional committees’’ nuclear strike unless such strike is con- curity Administration ‘‘Weapon Activities’’
means— ducted pursuant to a war declared by Con- account, which far exceeded what the Na-
(1) the Committee on Armed Services, the gress that expressly authorizes such strike. tional Nuclear Security Administration had
Committee on Foreign Relations, and the (2) FIRST-USE NUCLEAR STRIKE DEFINED.—In projected in its fiscal year 2020 request and
Committee on Appropriations of the Senate; this subsection, the term ‘‘first-use nuclear what it had projected in previous years.
and strike’’ means an attack using nuclear weap- (6) The projected growth in nuclear weap-
(2) the Committee on Armed Services, the ons against an enemy that is conducted ons spending is coming due as the Depart-
Committee on Foreign Affairs, and the Com- without the Secretary of Defense and the ment of Defense is seeking to replace large
mittee on Appropriations of the House of Chairman of the Joint Chiefs of Staff first portions of its conventional forces to better
Representatives. confirming to the President that there has compete with the Russian Federation and
been a nuclear strike against the United the People’s Republic of China and as inter-
SA 4172. Mr. MARKEY (for himself, States, its territories, or its allies (as speci- nal and external fiscal pressures are likely to
Ms. SMITH, and Mr. MERKLEY) sub- fied in section 3(b)(2) of the Arms Export limit the growth of, and perhaps reduce,
mitted an amendment intended to be Control Act (22 U.S.C. 2753(b)(2))). military spending. As then-Air Force Chief
proposed to amendment SA 3867 sub- of Staff General Dave Goldfein said in 2020,
SA 4173. Mr. MARKEY submitted an ‘‘I think a debate is that this will be the first
mitted by Mr. REED and intended to be time that the nation has tried to simulta-
proposed to the bill H.R. 4350, to au- amendment intended to be proposed to neously modernize the nuclear enterprise
thorize appropriations for fiscal year amendment SA 3867 submitted by Mr. while it’s trying to modernize an aging con-
2022 for military activities of the De- REED and intended to be proposed to ventional enterprise. The current budget
partment of Defense, for military con- the bill H.R. 4350, to authorize appro- does not allow you to do both.’’.
struction, and for defense activities of priations for fiscal year 2022 for mili- (7) In 2017, the Government Accountability
the Department of Energy, to prescribe tary activities of the Department of Office concluded that National Nuclear Secu-
military personnel strengths for such Defense, for military construction, and rity Administration’s budget forecasts for
out-year spending downplayed the fact that
fiscal year, and for other purposes; for defense activities of the Depart-
the agency lacked the resources to complete
which was ordered to lie on the table; ment of Energy, to prescribe military multiple, simultaneous billion dollar mod-
as follows: personnel strengths for such fiscal ernization projects and recommended that
At the end of subtitle C of title XV, add the year, and for other purposes; which was the National Nuclear Security Administra-
following: ordered to lie on the table; as follows: tion consider ‘‘deferring the start of or can-
SEC. 1548. RESTRICTION ON FIRST-USE STRIKE At the end of subtitle C of title XV, add the celling specific modernization programs’’.
OF NUCLEAR WEAPONS.. (8) According to the Government Account-
following:
(a) FINDINGS AND DECLARATION OF POLICY.— SEC. 1548. REDUCTIONS IN SPENDING ON NU- ability Office, the National Nuclear Security
(1) FINDINGS.—Congress finds the following: CLEAR WEAPONS; PROHIBITION ON Administration has still not factored afford-
(A) The Constitution gives Congress the PROCUREMENT AND DEPLOYMENT ability concerns into its planning as was rec-
sole power to declare war. OF LOW-YIELD NUCLEAR WAR- ommended by the Government Account-
(B) The framers of the Constitution under- HEADS. ability Office in 2017, with the warning that
stood that the monumental decision to go to (a) FINDINGS.—Congress makes the fol- ‘‘it is essential for NNSA to present informa-
war, which can result in massive death and lowing findings: tion to Congress and other key decision
the destruction of civilized society, must be (1) The United States continues to main- maker indicating whether the agency has
made by the representatives of the people tain an excessively large and costly arsenal prioritized certain modernization programs
and not by a single person. of nuclear delivery systems and warheads or considered trade-offs (such as deferring or
(C) As stated by section 2(c) of the War that are a holdover from the Cold War. cancelling specific modernization pro-
Powers Resolution (Public Law 93–148; 50 (2) The current nuclear arsenal of the grams)’’.
U.S.C. 1541), ‘‘the constitutional powers of United States includes approximately 3,800 (9) A December 2020 Congressional Budget
the President as Commander-in-Chief to in- total nuclear warheads in its military stock- Office analysis showed that the projected
troduce United States Armed Forces into pile, of which approximately 1,750 are de- costs of nuclear forces over the next decade
hostilities, or into situations where immi- ployed with five delivery components: land- can be reduced by $12,400,000,000 to
nent involvement in hostilities is clearly in- based intercontinental ballistic missiles, $13,600,000,000 by trimming back current
dicated by the circumstances, are exercised submarine-launched ballistic missiles, long- plans, while still maintaining a triad of de-
only pursuant to (1) a declaration of war, (2) range strategic bomber aircraft armed with livery systems. Even larger savings would
specific statutory authorization, or (3) a na- nuclear gravity bombs, long-range strategic accrue over the subsequent decade.
tional emergency created by attack upon the bomber aircraft armed with nuclear-armed (10) The Department of Defense’s June 2013
United States, its territories or possessions, air-launched cruise missiles, and short-range nuclear policy guidance entitled ‘‘Report on
or its armed forces’’. fighter aircraft that can deliver nuclear Nuclear Employment Strategy of the United
(D) Nuclear weapons are uniquely powerful gravity bombs. The strategic bomber fleet of States’’ found that force levels under the
weapons that have the capability to in- the United States comprises 87 B–52 and 20 April 2010 Treaty on Measures for the Fur-
stantly kill millions of people, create long- B–2 aircraft, over 60 of which contribute to ther Reduction and Limitation of Strategic
term health and environmental con- the nuclear mission. The United States also Offensive Arms between the United States
ctelli on DSK11ZRN23PROD with SENATE
sequences throughout the world, directly un- maintains 400 intercontinental ballistic mis- and the Russian Federation (commonly
dermine global peace, and put the United siles and 14 Ohio-class submarines, up to 12 known as the ‘‘New START Treaty’’) ‘‘are
States at existential risk from retaliatory of which are deployed. Each of those sub- more than adequate for what the United
nuclear strikes. marines is armed with approximately 90 nu- States needs to fulfill its national security
(E) A first-use nuclear strike carried out clear warheads. objectives’’ and can be reduced by up to 1⁄3
by the United States would constitute a (3) Between fiscal years 2021 and 2030, the below levels under the New START Treaty
major act of war. United States will spend an estimated to 1,000 to 1,100 warheads.
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S7640 CONGRESSIONAL RECORD — SENATE November 2, 2021
(11) Former President Trump expanded the warhead or any other low-yield or nonstra- of Management and Budget of the amounts
role of, and spending on, nuclear weapons in tegic nuclear warhead. obligated and expended by the Federal Gov-
United States policy at the same time that (10) PROHIBITION ON NEW SUBMARINE- ernment for each nuclear weapon and related
he withdrew from, unsigned, or otherwise LAUNCHED CRUISE MISSILE.—Notwithstanding nuclear program during—
terminated a series of important arms con- any other provision of law, none of the funds (A) the fiscal year covered by the report;
trol and nonproliferation agreements. authorized to be appropriated or otherwise and
(b) REDUCTIONS IN NUCLEAR FORCES.— made available for fiscal year 2022 or any fis- (B) the life cycle of such weapon or pro-
(1) REDUCTION OF NUCLEAR-ARMED SUB- cal year thereafter for the Department of De- gram.
MARINES.—Notwithstanding any other provi- fense or the Department of Energy may be (4) COST ESTIMATE REPORT.—Not later than
sion of law, none of the funds authorized to obligated or expended for the research, de- 180 days after the date of the enactment of
be appropriated or otherwise made available velopment, test, and evaluation or procure- this Act, the Secretary of Defense and the
for fiscal year 2022 or any fiscal year there- ment of a new submarine-launched cruise Secretary of Energy shall jointly submit to
after for the Department of Defense may be missile capable of carrying a low-yield or the appropriate committees of Congress a re-
obligated or expended for purchasing more nonstrategic nuclear warhead. port outlining the estimated cost savings
than eight Columbia-class submarines. (11) LIMITATION ON PLUTONIUM PIT PRODUC- that result from carrying out subsection (b).
TION.—Notwithstanding any other provision (5) REPORT ON FUNDING NATIONAL DEFENSE
(2) REDUCTION OF GROUND-BASED MISSILES.—
of law, none of the funds authorized to be ap- STRATEGY.—Not later than 180 days after the
Notwithstanding any other provision of law,
propriated or otherwise made available for publication of a National Defense Strategy
beginning in fiscal year 2022, the forces of
fiscal year 2022 or any fiscal year thereafter under section 113(g) of title 10, United States
the Air Force shall include not more than 150
for the Department of Defense or the Depart- Code, the Secretary of Defense shall submit
intercontinental ballistic missiles.
ment of Energy may be obligated or ex- to the appropriate committees of Congress a
(3) REDUCTION OF DEPLOYED STRATEGIC WAR-
pended for achieving production of more report explaining how the Secretary pro-
HEADS.—Notwithstanding any other provi-
than 30 plutonium pits per year at Los Ala- poses to fund the National Defense Strategy
sion of law, beginning in fiscal year 2022, the
mos National Laboratory, Los Alamos, New under different levels of projected defense
forces of the United States Military shall in-
Mexico. spending, including scenarios in which—
clude not more than 1,000 deployed strategic
(12) LIMITATION ON W87–1 WARHEAD PROCURE- (A) anticipated cost savings from reform
warheads, as that term is defined in the New MENT AND DEPLOYMENT.—Notwithstanding
START Treaty. do not materialize; or
any other provision of law, none of the funds (B) defense spending decreases to the levels
(4) LIMITATION ON NEW LONG-RANGE PENE- authorized to be appropriated or otherwise
TRATING BOMBER AIRCRAFT.—Notwith- specified by the Budget Control Act of 2011
made available for fiscal year 2022 or any fis- (Public Law 112–25; 125 Stat. 240).
standing any other provision of law, none of cal year thereafter for the Department of De-
the funds authorized to be appropriated or (6) MODIFICATION OF PERIOD TO BE COVERED
fense or the Department of Energy may be BY ESTIMATES OF COSTS RELATING TO NUCLEAR
otherwise made available for any of fiscal obligated or expended for the procurement or
years 2022 through 2028 for the Department of WEAPONS.—Section 492a of title 10, United
deployment of the W87–1 warhead for use on States Code, is amended in subsections
Defense may be obligated or expended for any missile that can feasibly employ a W87
purchasing more than 80 B–21 long-range (a)(2)(F) and (b)(1)(A) by striking ‘‘10-year
warhead. period’’ each place it appears and inserting
penetrating bomber aircraft. (13) LIMITATION ON SUSTAINMENT OF B83–1
(5) PROHIBITION ON F–35 NUCLEAR MISSION.— ‘‘25-year period’’.
BOMB.—Notwithstanding other provision of
Notwithstanding any other provision of law, (7) APPROPRIATE COMMITTEES OF CONGRESS
law, none of the funds authorized to be ap-
none of the funds authorized to be appro- DEFINED.—In this subsection, the term ‘‘ap-
propriated or otherwise made available for
priated or otherwise made available for fis- propriate committees of Congress’’ means—
fiscal year 2022 or any fiscal year thereafter
cal year 2022 or any fiscal year thereafter for (A) the Committee on Armed Services, the
for the Department of Defense or the Depart-
the Department of Defense or the Depart- Committee on Foreign Relations, the Com-
ment of Energy may be obligated or ex-
ment of Energy may be used to make the F– mittee on Appropriations, and the Com-
pended for the sustainment of the B83–1
35 Joint Strike Fighter aircraft capable of mittee on Energy and Natural Resources of
bomb beyond the time at which confidence in
carrying nuclear weapons. the Senate; and
the B61–12 stockpile is gained.
(6) PROHIBITION ON NEW AIR-LAUNCHED (14) PROHIBITION ON SPACE-BASED MISSILE (B) the Committee on Armed Services, the
CRUISE MISSILE.—Notwithstanding any other DEFENSE.—Notwithstanding other provision
Committee on Foreign Affairs, the Com-
provision of law, none of the funds author- of law, none of the funds authorized to be ap- mittee on Appropriations, the Committee on
ized to be appropriated or otherwise made propriated or otherwise made available for Energy and Commerce, and the Committee
available for fiscal year 2022 or any fiscal fiscal year 2022 or any fiscal year thereafter on Natural Resources of the House of Rep-
year thereafter for the Department of De- for the Department of Defense or the Depart- resentatives.
fense or the Department of Energy may be ment of Energy may be obligated or ex- ---
obligated or expended for the research, de- SA 4174. Mr. MARKEY submitted an
pended for the research, development, test,
velopment, test, and evaluation or procure- and evaluation or procurement of a space- amendment intended to be proposed to
ment of the long-range stand-off weapon or based missile defense system. amendment SA 3867 submitted by Mr.
any other new air-launched cruise missile or (15) PROHIBITION ON THE W–93 WARHEAD.— REED and intended to be proposed to
for the W80 warhead life extension program. Notwithstanding any other provision of law, the bill H.R. 4350, to authorize appro-
(7) PROHIBITION ON NEW INTERCONTINENTAL none of the funds authorized to be appro- priations for fiscal year 2022 for mili-
BALLISTIC MISSILE.—Notwithstanding any priated or otherwise made available for fis- tary activities of the Department of
other provision of law, none of the funds au- cal year 2022 or any fiscal year thereafter for Defense, for military construction, and
thorized to be appropriated or otherwise the Department of Defense or the Depart- for defense activities of the Depart-
made available for fiscal year 2022 or any fis- ment of Energy may be obligated or ex-
cal year thereafter for the Department of De- ment of Energy, to prescribe military
pended for the procurement and deployment
fense may be obligated or expended for the of a W–93 warhead on a submarine launched personnel strengths for such fiscal
research, development, test, and evaluation ballistic missile. year, and for other purposes; which was
or procurement of the ground-based strategic (c) REPORTS REQUIRED.— ordered to lie on the table; as follows:
deterrent or any new intercontinental bal- (1) INITIAL REPORT.—Not later than 180 At the end of subtitle E of title XII, add
listic missile. days after the date of the enactment of this the following:
(8) TERMINATION OF URANIUM PROCESSING Act, the Secretary of Defense and the Sec- SEC. 1253. TAIWAN FELLOWSHIP PROGRAM.
FACILITY.—Notwithstanding any other provi- retary of Energy shall jointly submit to the (a) SHORT TITLE.—This section may be
sion of law, none of the funds authorized to appropriate committees of Congress a report cited as the ‘‘Taiwan Fellowship Act’’.
be appropriated or otherwise made available outlining the plan of each Secretary to carry (b) FINDINGS.—Congress finds the fol-
for fiscal year 2022 or any fiscal year there- out subsection (b). lowing:
after for the Department of Defense or the (2) ANNUAL REPORT.—Not later than March (1) The Taiwan Relations Act (Public Law
Department of Energy may be obligated or 1, 2022, and annually thereafter, the Sec- 96–8; 22 U.S.C. 3301 et seq.) affirmed United
expended for the Uranium Processing Facil- retary of Defense and the Secretary of En- States policy ‘‘to preserve and promote ex-
ity located at the Y–12 National Security ergy shall jointly submit to the appropriate tensive, close, and friendly commercial, cul-
Complex, Oak Ridge, Tennessee. committees of Congress a report outlining tural, and other relations between the people
(9) PROHIBITION ON PROCUREMENT AND DE- the plan of each Secretary to carry out sub- of the United States and the people on Tai-
PLOYMENT OF NEW LOW-YIELD WARHEAD.—Not- section (b), including any updates to pre- wan, as well as the people on the China
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withstanding any other provision of law, viously submitted reports. mainland and all other peoples of the West-
none of the funds authorized to be appro- (3) ANNUAL NUCLEAR WEAPONS ACCOUNT- ern Pacific area’’.
priated or otherwise made available for fis- ING.—Not later than September 30, 2022, and (2) Consistent with the Asia Reassurance
cal year 2022 or any fiscal year thereafter for annually thereafter, the President shall Initiative Act of 2018 (Public Law 115–409),
the Department of Defense or the Depart- transmit to the appropriate committees of the United States has grown its strategic
ment of Energy may be obligated or ex- Congress a report containing a comprehen- partnership with Taiwan’s vibrant democ-
pended to deploy the W76–2 low-yield nuclear sive accounting by the Director of the Office racy of 23,000,000 people.
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7641
(3) Despite a concerted campaign by the tute of Taiwan in support of the Taiwan Fel- (6) SUNSET.—The fellowship program under
People’s Republic of China to isolate Taiwan lowship Program; and this subsection shall terminate 7 years after
from its diplomatic partners and from inter- (B) enters into a cooperative agreement the date of the enactment of this Act.
national organizations, including the World with the American Institute in Taiwan to (f) PROGRAM REQUIREMENTS.—
Health Organization, Taiwan has emerged as administer the Taiwan Fellowship Program. (1) ELIGIBILITY REQUIREMENTS.—A United
a global leader in the coronavirus global (e) ESTABLISHMENT OF TAIWAN FELLOWSHIP States citizen is eligible for a fellowship
pandemic response, including by donating PROGRAM.— under subsection (e) if he or she—
more than 2,000,000 surgical masks and other (1) ESTABLISHMENT.—The Secretary of (A) is an employee of the United States
medical equipment to the United States. State shall establish the ‘‘Taiwan Fellowship Government;
(4) The creation of a United States fellow- Program’’ (referred to in this subsection as (B) has received at least one exemplary
ship program with Taiwan would support— the ‘‘Program’’) to provide a fellowship op- performance review in his or her current
(A) a key priority of expanding people-to- portunity in Taiwan of up to 2 years for eli- United States Government role within at
people exchanges, which was outlined in gible United States citizens. The Department least the last three years prior to beginning
President Donald J. Trump’s 2017 National of State, in consultation with the American the fellowship;
Security Strategy; Institute in Taiwan and the implementing (C) has at least 2 years of experience in any
(B) President Joseph R. Biden’s commit- partner, may modify the name of the Pro- branch of the United States Government;
ment to Taiwan, ‘‘a leading democracy and a gram. (D) has a demonstrated professional or edu-
critical economic and security partner,’’ as (2) COOPERATIVE AGREEMENT.— cational background in the relationship be-
expressed in his March 2021 Interim National (A) IN GENERAL.—The American Institute tween the United States and countries in the
Security Strategic Guidance; and in Taiwan should use amounts appropriated Indo-Pacific region; and
(C) April 2021 guidance from the Depart- pursuant to subsection (h)(1) to enter into an (E) has demonstrated his or her commit-
ment of State based on a review required annual or multi-year cooperative agreement ment to further service in the United States
under the Taiwan Assurance Act of 2020 (sub- with an appropriate implementing partner. Government.
title B of title III of division FF of Public (B) FELLOWSHIPS.—The Department of (2) RESPONSIBILITIES OF FELLOWS.—Each re-
Law 116–260) to ‘‘encourage U.S. government State, in consultation with the American In- cipient of a fellowship under subsection (e)
engagement with Taiwan that reflects our stitute in Taiwan and, as appropriate, the shall agree, as a condition of such fellow-
deepening unofficial relationship’’. implementing partner, should award to eligi- ship—
(c) PURPOSES.—The purposes of this section ble United States citizens, subject to avail- (A) to maintain satisfactory progress in
are— able funding— language training and appropriate behavior
(1) to further strengthen the United (i) approximately 5 fellowships during the in Taiwan, as determined by the Department
States-Taiwan strategic partnership and first 2 years of the Program; and of State, the American Institute in Taiwan
broaden understanding of the Indo-Pacific (ii) approximately 10 fellowships during and, as appropriate, its implementing part-
region by temporarily assigning officials of each of the remaining years of the Program. ner;
agencies of the United States Government to (3) INTERNATIONAL AGREEMENT; IMPLE- (B) to refrain from engaging in any intel-
Taiwan for intensive study in Mandarin and MENTING PARTNER.—Not later than 30 days ligence or intelligence-related activity on
placement as Fellows with the governing au- after the date of the enactment of this Act, behalf of the United States Government; and
thorities on Taiwan or a Taiwanese civic in- the American Institute in Taiwan, in con- (C) to continue Federal Government em-
stitution; sultation with the Department of State, ployment for a period of not less than 4 years
(2) to provide for eligible United States should— after the conclusion of the fellowship or for
personnel to learn or strengthen Mandarin (A) begin negotiations with the Taipei Eco- not less than 2 years for a fellowship that is
Chinese language skills and to expand their nomic and Cultural Representative Office, or 1 year or shorter.
understanding of the political economy of with another appropriate entity, for the pur- (3) RESPONSIBILITIES OF IMPLEMENTING
Taiwan and the Indo-Pacific region; and pose of entering into an agreement to facili- PARTNER.—
(3) to better position the United States to tate the placement of fellows in an agency of (A) SELECTION OF FELLOWS.—The imple-
advance its economic, security, and human the governing authorities on Taiwan; and menting partner, in close coordination with
rights interests and values in the Indo-Pa- (B) begin the process of selecting an imple- the Department of State and the American
cific region. menting partner, which— Institute in Taiwan, shall—
(d) DEFINITIONS.—In this section: (i) shall agree to meet all of the legal re- (i) make efforts to recruit fellowship can-
(1) AGENCY HEAD.—The term ‘‘agency head’’ quirements required to operate in Taiwan; didates who reflect the diversity of the
means in the case of the executive branch of and United States;
United States Government, or a legislative (ii) shall be composed of staff who dem- (ii) select fellows for the Taiwan Fellow-
branch agency described in paragraph (2), the onstrate significant experience managing ex- ship Program based solely on merit, with ap-
head of the respective agency. change programs in the Indo-Pacific region. propriate supervision from the Department
(2) AGENCY OF THE UNITED STATES GOVERN- (4) CURRICULUM.— of State and the American Institute in Tai-
MENT.—The term ‘‘agency of the United (A) FIRST YEAR.—During the first year of wan; and
States Government’’ includes the Govern- each fellowship under this subsection, each (iii) prioritize the selection of candidates
ment Accountability Office, Congressional fellow should study— willing to serve a fellowship lasting 1 year or
Budget Office, or the Congressional Research (i) the Mandarin Chinese language; longer.
Service of the legislative branch as well as (ii) the people, history, and political cli- (B) FIRST YEAR.—The implementing part-
any agency of the executive branch. mate on Taiwan; and ner should provide each fellow in the first
(3) APPROPRIATE COMMITTEES OF CON- (iii) the issues affecting the relationship year (or shorter duration, as jointly deter-
GRESS.—The term ‘‘appropriate committees between the United States and the Indo-Pa- mined by the Department of State and the
of Congress’’ means— cific region. American Institute in Taiwan for those who
(A) the Committee on Appropriations of (B) SECOND YEAR.—During the second year are not serving a 2-year fellowship) with—
the Senate; of each fellowship under this subsection, (i) intensive Mandarin Chinese language
(B) the Committee on Foreign Relations of each fellow, subject to the approval of the training; and
the Senate; Department of State, the American Institute (ii) courses in the political economy of Tai-
(C) the Committee on Appropriations of in Taiwan, and the implementing partner, wan, China, and the broader Indo-Pacific.
the House of Representatives; and and in accordance with the purposes of this (C) WAIVER OF REQUIRED TRAINING.—The
(D) the Committee on Foreign Affairs of section, should work in— Department of State, in coordination with
the House of Representatives. (i) a parliamentary office, ministry, or the American Institute in Taiwan and, as ap-
(4) DETAILEE.—The term ‘‘detailee’’— other agency of the governing authorities on propriate, the implementing partner, may
(A) means an employee of a branch of the Taiwan; or waive any of the training required under sub-
United States Government on loan to the (ii) an organization outside of the gov- paragraph (B) to the extent that a fellow has
American Institute in Taiwan, without a erning authorities on Taiwan, whose inter- Mandarin language skills, knowledge of the
change of position from the agency at which ests are associated with the interests of the topic described in subparagraph (B)(ii), or for
he or she is employed; and fellow and the agency of the United States other related reasons approved by the De-
(B) a legislative branch employee from the Government from which the fellow had been partment of State and the American Insti-
Government Accountability Office, Congres- employed. tute in Taiwan. If any of the training re-
sional Budget Office, or the Congressional (5) FLEXIBLE FELLOWSHIP DURATION.—Not- quirements are waived for a fellow serving a
Research Service. withstanding any requirement under this 2-year fellowship, the training portion of his
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(5) IMPLEMENTING PARTNER.—The term subsection, the Secretary of State, in con- or her fellowship may be shortened to the ex-
‘‘implementing partner’’ means any United sultation with the American Institute in tent appropriate.
States organization described in 501(c)(3) of Taiwan and, as appropriate, the imple- (D) OFFICE; STAFFING.—The implementing
the Internal Revenue Code of 1986 that— menting partner, may award fellowships that partner, in consultation with the Depart-
(A) performs logistical, administrative, have a duration of less than two years, and ment of State and the American Institute in
and other functions, as determined by the may alter the curriculum requirements Taiwan, may maintain an office and at least
Department of State and the American Insti- under paragraph (4) for such purposes. 1 full-time staff member in Taiwan—
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S7642 CONGRESSIONAL RECORD — SENATE November 2, 2021
(i) to liaise with the American Institute in (B) LOCATION.—Each audit under subpara- other benefits, to be an employee of the
Taiwan and the governing authorities on graph (A) shall be conducted at the place or sponsoring agency;
Taiwan; and places where the financial records of the im- (B) is entitled to pay, allowances, and ben-
(ii) to serve as the primary in-country plementing partner are normally kept. efits from funds available to such agency,
point of contact for the recipients of fellow- (C) ACCESS TO DOCUMENTS.—The imple- which is deemed to comply with section 5536
ships under this section and their depend- menting partner shall make available to the of title 5, United States Code; and
ents. accountants conducting an audit under sub- (C) may be assigned to a position with an
(E) OTHER FUNCTIONS.—The implementing paragraph (A)— entity described in section (f)(4)(B)(i) if ac-
partner may perform other functions in asso- (i) all books, financial records, files, other ceptance of such position does not involve—
ciation in support of the Taiwan Fellowship papers, things, and property belonging to, or (i) the taking of an oath of allegiance to
Program, including logistical and adminis- in use by, the implementing partner that are another government; or
trative functions, as prescribed by the De- necessary to facilitate the audit; and (ii) the acceptance of compensation or
partment of State and the American Insti- (ii) full facilities for verifying transactions other benefits from any foreign government
tute in Taiwan. with the balances or securities held by de- by such detailee.
(4) NONCOMPLIANCE.— positories, fiscal agents, and custodians. (3) RESPONSIBILITIES OF SPONSORING AGEN-
(D) REPORT.— CY.—
(A) IN GENERAL.—Any fellow who fails to
comply with the requirements under this (i) IN GENERAL.—Not later than 6 months (A) IN GENERAL.—The Federal agency from
subsection shall reimburse the American In- after the end of each fiscal year, the imple- which a detailee is detailed should provide
menting partner shall provide a report of the the fellow allowances and benefits that are
stitute in Taiwan for—
audit conducted for such fiscal year under consistent with Department of State Stand-
(i) the Federal funds expended for the fel-
subparagraph (A) to the Department of State ardized Regulations or other applicable rules
low’s participation in the fellowship, as set
and the American Institute in Taiwan. and regulations, including—
forth in subparagraphs (B) and (C); and
(ii) CONTENTS.—Each audit report shall— (i) a living quarters allowance to cover the
(ii) interest accrued on such funds (cal-
(I) set forth the scope of the audit; cost of housing in Taiwan;
culated at the prevailing rate).
(II) include such statements, along with (ii) a cost of living allowance to cover any
(B) FULL REIMBURSEMENT.—Any fellow who
the auditor’s opinion of those statements, as possible higher costs of living in Taiwan;
violates subparagraph (A) or (B) of paragraph
may be necessary to present fairly the imple- (iii) a temporary quarters subsistence al-
(2) shall reimburse the American Institute in
menting partner’s assets and liabilities, sur- lowance for up to 7 days if the fellow is un-
Taiwan in an amount equal to the sum of—
plus or deficit, with reasonable detail; able to find housing immediately upon arriv-
(i) all of the Federal funds expended for the
(III) include a statement of the imple- ing in Taiwan;
fellow’s participation in the fellowship; and
menting partner’s income and expenses dur- (iv) an education allowance to assist par-
(ii) interest on the amount specified in
ing the year; and ents in providing the fellow’s minor children
clause (i), which shall be calculated at the
(IV) include a schedule of— with educational services ordinarily pro-
prevailing rate.
(aa) all contracts and cooperative agree- vided without charge by public schools in the
(C) PRO RATA REIMBURSEMENT.—Any fellow
ments requiring payments greater than United States;
who violates paragraph (2)(C) shall reim-
$5,000; and (v) moving expenses to transport personal
burse the American Institute in Taiwan in
(bb) any payments of compensation, sala- belongings of the fellow and his or her family
an amount equal to the difference between—
ries, or fees at a rate greater than $5,000 per in their move to Taiwan, which is com-
(i) the amount specified in subparagraph
year. parable to the allowance given for American
(B); and
(iii) COPIES.—Each audit report shall be Institute in Taiwan employees assigned to
(ii) the product of—
produced in sufficient copies for distribution Taiwan; and
(I) the amount the fellow received in com-
to the public. (vi) an economy-class airline ticket to and
pensation during the final year of the fellow-
from Taiwan for each fellow and the fellow’s
ship, including the value of any allowances (g) TAIWAN FELLOWS ON DETAIL FROM GOV-
immediate family.
and benefits received by the fellow; multi- ERNMENT SERVICE.—
(B) MODIFICATION OF BENEFITS.—The Amer-
plied by (1) IN GENERAL.—
ican Institute in Taiwan and its imple-
(II) the percentage of the period specified (A) DETAIL AUTHORIZED.—With the ap-
menting partner, with the approval of the
in paragraph (2)(C) during which the fellow proval of the Secretary of State, an agency
Department of State, may modify the bene-
did not remain employed by the Federal Gov- head may detail, for a period of not more
fits set forth in subparagraph (A) if such
ernment. than 2 years, an employee of the agency of
modification is warranted by fiscal cir-
(5) ANNUAL REPORT.—Not later than 90 days the United States Government who has been
cumstances.
after the selection of the first class of fellows awarded a fellowship under this section, to
(4) NO FINANCIAL LIABILITY.—The American
under this section, and annually thereafter the American Institute in Taiwan for the
Institute in Taiwan, the implementing part-
for 7 years, the Department of State shall purpose of assignment to the governing au-
ner, and any governing authorities on Tai-
offer to brief the appropriate committees of thorities on Taiwan or an organization de-
wan or nongovernmental entities in Taiwan
Congress regarding the following issues: scribed in subsection (e)(4)(B)(ii).
at which a fellow is detailed during the sec-
(A) An assessment of the performance of (B) AGREEMENT.—Each detailee shall enter
ond year of the fellowship may not be held
the implementing partner in fulfilling the into a written agreement with the Federal
responsible for the pay, allowances, or any
purposes of this section. Government before receiving a fellowship, in
other benefit normally provided to the
(B) The names and sponsoring agencies of which the fellow shall agree—
detailee.
the fellows selected by the implementing (i) to continue in the service of the spon-
(5) REIMBURSEMENT.—Fellows may be de-
partner and the extent to which such fellows soring agency at the end of fellowship for a
tailed under paragraph (1)(A) without reim-
represent the diversity of the United States. period of at least 4 years (or at least 2 years
bursement to the United States by the
(C) The names of the parliamentary of- if the fellowship duration is 1 year or short-
American Institute in Taiwan.
fices, ministries, other agencies of the gov- er) unless the detailee is involuntarily sepa-
(6) ALLOWANCES AND BENEFITS.—Detailees
erning authorities on Taiwan, and non- rated from the service of such agency; and
may be paid by the American Institute in
governmental institutions to which each fel- (ii) to pay to the American Institute in
Taiwan for the allowances and benefits listed
low was assigned during the second year of Taiwan any additional expenses incurred by
in paragraph (3).
the fellowship. the Federal Government in connection with (h) AUTHORIZATION OF APPROPRIATIONS.—
(D) Any recommendations, as appropriate, the fellowship if the detailee voluntarily sep- There are authorized to be appropriated to
to improve the implementation of the Tai- arates from service with the sponsoring the American Institute in Taiwan, for fiscal
wan Fellowship Program, including added agency before the end of the period for which year 2022 and for each succeeding fiscal year,
flexibilities in the administration of the pro- the detailee has agreed to continue in the $2,300,000, which shall be used to fund a coop-
gram. service of such agency. erative agreement with the appropriate im-
(E) An assessment of the Taiwan Fellow- (C) EXCEPTION.—The payment agreed to plementing partner.
ship Program’s value upon the relationship under subparagraph (B)(ii) may not be re- (i) STUDY AND REPORT.—Not later than one
between the United States and Taiwan or the quired of a detailee who leaves the service of year prior to the sunset of the fellowship
United States and Asian countries. the sponsoring agency to enter into the serv- program under subsection (e), the Comp-
(6) ANNUAL FINANCIAL AUDIT.— ice of another agency of the United States troller General of the United States shall
(A) IN GENERAL.—The financial records of Government unless the head of the spon- conduct a study and submit to the Com-
any implementing partner shall be audited soring agency notifies the detailee before the mittee on Foreign Relations of the Senate
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annually in accordance with generally ac- effective date of entry into the service of the and the Committee on Foreign Affairs of the
cepted auditing standards by independent other agency that payment will be required House a report that includes—
certified public accountants or independent under this subsection. (1) an analysis of the United States Gov-
licensed public accountants who are certified (2) STATUS AS GOVERNMENT EMPLOYEE.—A ernment participants in this program, in-
or licensed by a regulatory authority of a detailee— cluding the number of applicants and the
State or another political subdivision of the (A) is deemed, for the purpose of preserving number of fellowships undertaken, the place
United States. allowances, privileges, rights, seniority, and of employment, and as assessment of the
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7643
costs and benefits for participants and for the House from among members of the Com- Union, and then the Russian Federation.
the United States Government of such fel- mittee on Foreign Affairs. Those treaties contributed to strategic sta-
lowships; (B) SENATE DELEGATION.—The President bility through mutual and verifiable recip-
(2) an analysis of the financial impact of Pro Tempore of the Senate shall designate rocal nuclear weapons reductions.
the fellowship on United States Government the chairperson or vice chairperson of the (3) Since the advent of nuclear weapons in
offices which have provided Fellows to par- delegation of the United States Group from 1945, millions of people around the world
ticipate in the program; and the Senate from among members of the Com- have stood up to demand meaningful, imme-
(3) recommendations, if any, on how to im- mittee on Foreign Relations. diate international action to halt, reduce,
prove the fellowship program. (5) AUTHORIZATION OF APPROPRIATIONS.— and eliminate the threats posed by nuclear
(A) IN GENERAL.—There is authorized to be weapons, nuclear weapons testing, and nu-
SA 4175. Mr. MARKEY submitted an appropriated $1,000,000 for each fiscal years clear war, to humankind and the planet.
amendment intended to be proposed to 2022 through 2025 for the United States (4) In 1970, the Treaty on the Non-Pro-
amendment SA 3867 submitted by Mr. Group. liferation of Nuclear Weapons done at Wash-
REED and intended to be proposed to (B) DISTRIBUTION OF APPROPRIATIONS.— ington, London, and Moscow July 1, 1968 (21
(i) IN GENERAL.—For each fiscal year for UST 483) (commonly referred to as the ‘‘Nu-
the bill H.R. 4350, to authorize appro-
which an appropriation is made for the clear Non-Proliferation Treaty’’ or the
priations for fiscal year 2022 for mili- ‘‘NPT’’) entered into force, which includes a
United States Group, half of the amount ap-
tary activities of the Department of propriated shall be available to the delega- binding obligation on the 5 nuclear-weapon
Defense, for military construction, and tion from the House of Representatives and states (commonly referred to as the ‘‘P5’’),
for defense activities of the Depart- half of the amount shall be available to the among other things, ‘‘to pursue negotiations
ment of Energy, to prescribe military delegation from the Senate. in good faith on effective measures relating
personnel strengths for such fiscal (ii) METHOD OF DISTRIBUTION.—The to the cessation of the nuclear arms race . . .
year, and for other purposes; which was amounts available to the delegations of the and to nuclear disarmament’’.
House of Representatives and the Senate (5) Bipartisan United States global leader-
ordered to lie on the table; as follows: ship has curbed the growth in the number of
At the end of subtitle E of title XII, add under clause (i) shall be disbursed on vouch-
ers to be approved by the chairperson of the countries possessing nuclear weapons and
the following: has slowed overall vertical proliferation
delegation from the House of Representa-
SEC. 1253. ESTABLISHMENT OF QUAD INTRA-PAR- among countries already possessing nuclear
LIAMENTARY WORKING GROUP. tives and the chairperson of the delegation
from the Senate, respectively. weapons, as is highlighted by a more than 85-
(a) ESTABLISHMENT.—Not later than 30 days percent reduction in the United States nu-
after the date of the enactment of this Act, (6) PRIVATE SOURCES.—The United States
Group may accept gifts or donations of serv- clear weapons stockpile from its Cold War
the Secretary of State shall seek to enter height of 31,255 in 1967.
into negotiations with the governments of ices or property, subject to the review and
approval, as appropriate, of the Committee (6) The United States testing of nuclear
Japan, Australia, and India (collectively, weapons is no longer necessary as a result of
with the United States, known as the on Ethics of the House of Representatives
and the Committee on Ethics of the Senate. the following major technical developments
‘‘Quad’’) with the goal of reaching a written since the Senate’s consideration of the Com-
agreement to establish a Quad Intra-Par- (7) CERTIFICATION OF EXPENDITURES.—The
prehensive Nuclear-Test-Ban Treaty (com-
liamentary Working Group for the purpose of certificate of the chairperson of the delega-
monly referred to as the ‘‘CTBT’’) in 1999:
advancing initiatives of the Quad and to fa- tion from the House of Representatives or
(A) The verification architecture of the
cilitate closer cooperation on shared inter- the delegation of the Senate of the United
Comprehensive Nuclear Test-Ban-Treaty Or-
ests and values. States Group shall be final and conclusive
ganization (commonly referred to as the
(b) UNITED STATES GROUP.— upon the accounting officers in the auditing
‘‘CTBTO’’)—
(1) IN GENERAL.—At such time as the gov- of the accounts of the United States Group.
(i) has made significant advancements, as
ernments of the Quad countries enter into a (8) ANNUAL REPORT.—The United States
seen through its network of 300 International
written agreement described in subsection Group shall submit to the Committee on
Monitoring Stations and its International
(a), there shall be established a United Foreign Affairs of the House of Representa-
Data Centre, which together provide for the
States Group, which shall represent the tives and the Committee on Foreign Rela- near instantaneous detection of nuclear ex-
United States at the Quad Intra-Parliamen- tions of the Senate a report for each fiscal plosives tests, including all 6 such tests con-
tary Working Group. year for which an appropriation is made for ducted by North Korea between 2006 and 2017;
(2) MEMBERSHIP.— the United States Group, which shall include and
(A) IN GENERAL.—The United States Group a description of its expenditures under such (ii) is operational 24 hours a day, 7 days a
shall be comprised of not more than 24 Mem- appropriation. week.
bers of Congress. (B) Since the United States signed the
(B) APPOINTMENT.—Of the Members of Con- SA 4176. Mr. MARKEY submitted an CTBT, confidence has grown in the science-
gress appointed to the United States Group amendment intended to be proposed to based Stockpile Stewardship and Manage-
under subparagraph (A)— amendment SA 3867 submitted by Mr. ment Plan of the Department of Energy,
(i) half shall be appointed by the Speaker REED and intended to be proposed to which forms the basis of annual certifi-
of the House of Representatives from among the bill H.R. 4350, to authorize appro- cations to the President regarding the con-
Members of the House, not less than 4 of priations for fiscal year 2022 for mili- tinual safety, security, and effectiveness of
whom shall be members of the Committee on tary activities of the Department of the United States nuclear deterrent in the
Foreign Affairs; and Defense, for military construction, and absence of nuclear testing, leading former
(ii) half shall be appointed by the President Secretary of Energy Ernest Moniz to remark
Pro Tempore of the Senate, based on rec-
for defense activities of the Depart- in 2015 that ‘‘lab directors today now state
ommendations of the majority leader and ment of Energy, to prescribe military that they certainly understand much more
minority leader of the Senate, from among personnel strengths for such fiscal about how nuclear weapons work than dur-
Members of the Senate, not less than 4 of year, and for other purposes; which was ing the period of nuclear testing’’.
whom shall be members of the Committee on ordered to lie on the table; as follows: (7) Despite the progress made to reduce the
Foreign Relations (unless the majority lead- At the end of subtitle C of title XV, add the number and role of, and risks posed by, nu-
er and minority leader determine otherwise). following: clear weapons, and to halt the Cold War-era
(3) MEETINGS.— SEC. 1548. REDUCTION OF THREATS POSED BY nuclear arms race, tensions between coun-
(A) IN GENERAL.—The United States Group NUCLEAR WEAPONS TO THE UNITED tries that possess nuclear weapons are on the
shall seek to meet not less frequently than STATES. rise, key nuclear risk reduction treaties are
annually with representatives and appro- (a) FINDINGS.—Congress makes the fol- under threat, significant stockpiles of weap-
priate staff of the legislatures of Japan, Aus- lowing findings: ons-usable fissile material remain, and a
tralia, and India, and any other country in- (1) The use of nuclear weapons poses an ex- qualitative global nuclear arms race is now
vited by mutual agreement of the Quad istential threat to humanity, a fact that led underway with each of the countries that
countries. President Ronald Reagan and Soviet Premier possess nuclear weapons spending tens of bil-
(B) LIMITATION.—A meeting described in Mikhail Gorbachev to declare in a joint lions of dollars each year to maintain and
subparagraph (A) may be held— statement in 1987 that a ‘‘nuclear war cannot improve their arsenals.
(i) in the United States; be won and must never be fought’’. (8) The Russian Federation is pursuing the
(ii) in another Quad country during periods (2) On June 12, 1982, an estimated 1,000,000 development of destabilizing types of nuclear
ctelli on DSK11ZRN23PROD with SENATE
when Congress is not in session; or people attended the largest peace rally in weapons that are not presently covered
(iii) virtually. United States history, in support of a move- under any existing arms control treaty or
(4) CHAIRPERSON AND VICE CHAIRPERSON.— ment to freeze and reverse the nuclear arms agreement and the People’s Republic of
(A) HOUSE DELEGATION.—The Speaker of race, a movement that helped to create the China, India, Pakistan, and North Korea
the House of Representatives shall designate political will necessary for the negotiation have each taken concerning steps to diver-
the chairperson or vice chairperson of the of several bilateral arms control treaties be- sify their more modest sized, but nonetheless
delegation of the United States Group from tween the United States and former Soviet very deadly, nuclear arsenals.
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S7644 CONGRESSIONAL RECORD — SENATE November 2, 2021
(9) Former President Donald J. Trump’s (D) An agreement by each country to adopt able for obligation as of the date of the en-
2018 Nuclear Posture Review called for the a policy of no first use of nuclear weapons or actment of this Act, may be obligated or ex-
development two new nuclear weapons capa- provide transparency into its nuclear declar- pended to conduct or make preparations for
bilities, which have the effect of lowering atory policy. any explosive nuclear weapons test that pro-
the threshold for nuclear weapons use: (E) An agreement on a proactive United duces any yield until such time as—
(A) A low-yield warhead on a submarine- Nations Security Council resolution that ex- (A) the President submits to Congress an
launched ballistic missile, which was de- pands access by the International Atomic addendum to the report required by section
ployed before the date of the enactment of Energy Agency to any country found by the 4205 of the Atomic Energy Defense Act (50
this Act. Board of Governors of that Agency to be non- U.S.C. 2525) that details any change to the
(B) A sea-launched cruise missile, still compliant with its obligations under the condition of the United States nuclear weap-
under development on the date of the enact- NPT. ons stockpile from the report submitted
ment of this Act. (F) An agreement to refrain from config- under that section in the preceding year; and
(10) On February 3, 2021, President Joseph uring nuclear forces in a ‘‘launch on warn- (B) there is enacted into law a joint resolu-
R. Biden preserved binding and verifiable ing’’ or ‘‘launch under warning’’ nuclear pos- tion of Congress that approves the test.
limits on the deployed and non-deployed ture, which may prompt a nuclear armed (2) RULE OF CONSTRUCTION.—Paragraph (1)
strategic forces of the largest two nuclear country to launch a ballistic missile attack does not limit nuclear stockpile stewardship
weapons powers through the five-year exten- in response to detection by an early-warning activities that are consistent with the zero-
sion of the Treaty between the United States satellite or sensor of a suspected incoming yield standard and other requirements under
of America and the Russian Federation on ballistic missile. law.
Measures for the Further Reduction and (G) An agreement not to target or interfere
Limitation of Strategic Offensive Arms, in the nuclear command, control, and com- SA 4177. Mr. MENENDEZ submitted
signed April 8, 2010, and entered into force munications (commonly referred to as an amendment intended to be proposed
February 5, 2011 (commonly referred to as ‘‘NC3’’) infrastructure of another country to amendment SA 3867 submitted by
the ‘‘New START Treaty’’). through a kinetic attack or a cyberattack.
Mr. REED and intended to be proposed
(11) In 2013, the report on a nuclear weap- (H) An agreement on transparency meas-
ures or verifiable limits, or both, on to the bill H.R. 4350, to authorize ap-
ons employment strategy of the United propriations for fiscal year 2022 for
States submitted under section 492 of title hypersonic cruise missiles and glide vehicles
10, United States Code, determined that it is that are fired from sea-based, ground, and air military activities of the Department
possible to ensure the security of the United platforms. of Defense, for military construction,
States and allies and partners of the United (I) An agreement to provide a baseline and and for defense activities of the De-
States and maintain a strong and credible continuous exchanges detailing the aggre- partment of Energy, to prescribe mili-
strategic deterrent while safely pursuing up gate number of active nuclear weapons and tary personnel strengths for such fiscal
associated systems possessed by each coun-
to a 1⁄3 reduction in deployed nuclear weap- year, and for other purposes; which was
ons from the level established in the New try.
(3) The United States should rejuvenate ef- ordered to lie on the table; as follows:
START Treaty. At the end of subtitle D of title XII, add
(12) On January 12, 2017, then-Vice Presi- forts in the United Nations Conference on
Disarmament toward the negotiation of a the following:
dent Biden stated, ‘‘[G]iven our non-nuclear SEC. 1237. REPEAL OF WAIVER AUTHORITY FOR
verifiable Fissile Material Treaty or Fissile
capabilities and the nature of today’s PROVISION OF ASSISTANCE TO THE
Material Cutoff Treaty, or move negotia-
threats—it’s hard to envision a plausible sce- GOVERNMENT OF AZERBAIJAN.
tions to another international body or fora,
nario in which the first use of nuclear weap- Title II of the Foreign Operations, Export
such as a meeting of the P5. Successful con-
ons by the United States would be necessary. Financing, and Related Programs Appropria-
clusion of such a treaty would verifiably pre-
Or make sense.’’. tions Act, 2002 (Public Law 107–115; 22 U.S.C.
vent any country’s production of highly en-
(13) In light of moves by the United States 5812 note) is amended, in subsection (g) of
riched uranium and plutonium for use in nu-
and other countries to increase their reli- the matter under the heading ‘‘ASSISTANCE
clear weapons.
ance on nuclear weapons, a global nuclear FOR THE INDEPENDENT STATES OF THE FORMER
(4) The United States should convene a se-
freeze would seek to halt the new nuclear ries of head-of-state level summits on nu- SOVIET UNION’’ under the heading ‘‘OTHER BI-
arms race by seeking conclusion of a com- clear disarmament modeled on the Nuclear LATERAL ECONOMIC ASSISTANCE’’—
prehensive and verifiable freeze on the test- Security Summits process, which saw the (1) by striking paragraphs (2) through (6);
ing, deployment, and production of nuclear elimination of the equivalent of 3,000 nuclear and
weapons and delivery vehicles for such weap- weapons. (2) in paragraph (1)—
ons. (5) The President should seek ratification (A) in the matter preceding subparagraph
(b) STATEMENT OF POLICY.—The following by the Senate of the CTBT and mobilize all (A), by striking ‘‘(1) Section’’ and inserting
is the policy of the United States: countries covered by Annex 2 of the CTBT to ‘‘Section’’; and
(1) The United States should build upon its pursue similar action to hasten entry into (B) by redesignating subparagraphs (A)
decades long, bipartisan efforts to reduce the force of the CTBT. The entry into force of through (F) as paragraphs (1) through (6), re-
number and salience of nuclear weapons by the CTBT, for which ratification by the spectively.
leading international negotiations on spe- United States will provide critical momen-
cific arms-reduction measures as part of a tum, will activate the CTBT’s onsite inspec-
SA 4178. Mr. MENENDEZ submitted
21st century global nuclear freeze movement. tion provision to investigate allegations that an amendment intended to be proposed
(2) Building on the successful extension of any country that is a party to the CTBT has to amendment SA 3867 submitted by
the New START Treaty, the United States conducted a nuclear test of any yield. Mr. REED and intended to be proposed
should engage with all other countries that (6) The President should make the acces- to the bill H.R. 4350, to authorize ap-
possess nuclear weapons to seek to negotiate sion of North Korea to the CTBT a compo- propriations for fiscal year 2022 for
and conclude future multilateral arms con- nent of any final agreement in fulfilling the military activities of the Department
trol, disarmament, and risk reduction agree- pledges the Government of North Korea
ments, which should contain some or all of
of Defense, for military construction,
made in Singapore, as North Korea is report-
the following provisions: edly the only country to have conducted a
and for defense activities of the De-
(A) An agreement by the United States and nuclear explosive test since 1998. partment of Energy, to prescribe mili-
the Russian Federation on a follow-on treaty (7) The United States should— tary personnel strengths for such fiscal
or agreement to the New START Treaty that (A) refrain from developing any new de- year, and for other purposes; which was
may lower the central limits of the Treaty signs for nuclear warheads or bombs, but es- ordered to lie on the table; as follows:
and cover new kinds of strategic delivery ve- pecially designs that could add a level of At the end of subtitle G of title XII, add
hicles or non-strategic nuclear weapons. technical uncertainty into the United States the following:
(B) An agreement on a verifiable freeze on stockpile and thus renew calls to resume nu- SEC. 1283.
PLAN FOR ENHANCING INSTITU-
the testing, production, and further deploy- clear explosive testing in order to test that TIONAL CAPACITY BUILDING ACTIVI-
ment of all nuclear weapons and delivery ve- new design; and TIES IN NIGERIA.
hicles for such weapons. (B) seek reciprocal commitments from (a) IN GENERAL.—Not later than 90 days
(C) An agreement that establishes a other countries that possess nuclear weap- after the date of the enactment of this Act,
verifiable numerical ceiling on the deployed ons. the Secretary of Defense, in consultation
shorter-range and intermediate-range and (c) PROHIBITION ON USE OF FUNDS FOR NU- with the Secretary of State, shall develop a
ctelli on DSK11ZRN23PROD with SENATE
strategic delivery systems (as defined by the CLEAR TEST EXPLOSIONS.— plan for enhancing institutional capacity
INF Treaty and the New START Treaty, re- (1) IN GENERAL.—None of the funds author- building activities in the Federal Republic of
spectively) and the nuclear warheads associ- ized to be appropriated or otherwise made Nigeria.
ated with such systems belonging to the P5, available for fiscal year 2022 or any fiscal (b) ELEMENTS.—The plan required by sub-
and to the extent possible, all countries that year thereafter, or authorized to be appro- section (a) shall include the following:
possess nuclear weapons, at August 2, 2019, priated or otherwise made available for any (1) An assessment of the major areas of
levels. fiscal year before fiscal year 2022 and avail- weakness in civilian oversight of—
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7645
(A) the military forces of the Federal Re- At the end of subtitle B of title II, add the SEC. 1601. MATTERS CONCERNING CYBER PER-
public of Nigeria; and following new section: SONNEL REQUIREMENTS.
(B) the defense institutions of the Federal SEC. lll. PILOT PROGRAM ON DATA LIBRARIES (a) IN GENERAL.—The Secretary of Defense
Republic of Nigeria. FOR TRAINING ARTIFICIAL INTEL- shall—
(2) An identification of the programs au- LIGENCE MODELS. (1) determine the overall workforce re-
thorized under title 10, United States Code, (a) PILOT PROGRAM AUTHORIZED.—The Sec- quirement of the Department of Defense for
that could be applied to strengthen— retary of Defense, acting through the Direc- cyber and information operation military
(A) civilian oversight of the military forces tor of the Joint Artificial Intelligence Cen- personnel across the active and reserve com-
of the Federal Republic of Nigeria; and ter or such other official as the Secretary ponents of the Armed Forces (other than the
(B) governance in the defense sector of the considers appropriate, may carry out a pilot Coast Guard) and for civilian personnel, and
Federal Republic of Nigeria. program to assess the feasibility and advis- in doing so shall—
(3) A plan for the provision of assistance to ability of establishing data libraries for de- (A) consider personnel in positions secur-
the Federal Republic of Nigeria under sec- veloping and enhancing artificial intel- ing the Department of Defense Information
tion 332(b) of title 10, United States Code, ligence capabilities to ensure that the De- Network and associated enterprise informa-
during the three-year period beginning on partment of Defense is able to procure opti- tion technology, defense agencies and field
the date of the enactment of this Act that— mal artificial intelligence and machine activities, and combatant commands, includ-
(A) includes civilian oversight of the mili- learning software capabilities to meet De- ing current billets primarily associated with
tary and better governance and internal con- partment requirements and technology de- the information environment and cyberspace
trols in defense establishments; and velopment goals. domain and projected future billets;
(B) addresses shortfalls in organizational (b) AUTHORITIES.—In carrying out a pilot (B) consider the mix between military and
structure and management. program under subsection (a), the Secretary
(c) APPROPRIATE COMMITTEES OF CONGRESS civilian personnel, active and reserve compo-
may— nents, and the use of the National Guard;
DEFINED.—In this section, the term ‘‘appro-
(1) establish data libraries containing De- (C) develop a workforce development plan
priate committees of Congress’’ means—
partment data sets relevant to the develop- for military and civilian personnel that cov-
(1) the Committee on Foreign Relations
ment of artificial intelligence software and ers accessions, training, education, recruit-
and the Committee on Armed Services of the
technology; and ment, retention, fair and competitive com-
Senate; and
(2) allow appropriate public and private pensation, enlistment standards and screen-
(2) the Committee on Foreign Affairs and
sector organizations to access such data li- ing tools, analysis of recruiting resources
the Committee on Armed Services of the
braries for the purposes of developing artifi- and sustainment of the workforce, and
House of Representatives.
cial intelligence models and other technical metrics to evaluate success; and
SA 4179. Mr. MENENDEZ submitted software solutions. (D) consider such other elements as the
an amendment intended to be proposed (c) ELEMENTS.—If the Secretary elects to Secretary determines appropriate;
carry out the pilot program under subsection (2) assess current and future general infor-
to amendment SA 3867 submitted by
(a), the data libraries established under the mation warfare and cyber education cur-
Mr. REED and intended to be proposed program— riculum and requirements for military and
to the bill H.R. 4350, to authorize ap- (1) may include unclassified data rep- civilian personnel, including—
propriations for fiscal year 2022 for resentative of diverse types of information, (A) acquisition personnel;
military activities of the Department representing Department missions, business (B) accessions and recruits to the military
of Defense, for military construction, processes, and activities; and services;
and for defense activities of the De- (2) shall be categorized and annotated to (C) cadets and midshipmen at the military
partment of Energy, to prescribe mili- support development of a common evalua- service academies and enrolled in the Senior
tary personnel strengths for such fiscal tion framework for artificial intelligence Reserve Officers’ Training Corps;
year, and for other purposes; which was models and other technical software solu- (D) information environment and cyber-
tions; space military and civilian personnel;
ordered to lie on the table; as follows:
(3) shall be made available to such public (E) non-information environment and
At the end of subtitle F of title XII, add and private sector organizations as the Sec- cyberspace military and civilian personnel;
the following: retary considers appropriate to support rapid (F) cyberspace and information environ-
SEC. 1264. REPORT ON MAJOR CONSTRAINTS ON development of software and artificial intel- ment-related scholarship-for-service pro-
EFFECTIVENESS OF MILITARY
FORCES OF NIGERIA IN COMBATING
ligence capabilities; grams, including—
ISIS AND BOKO HARAM. (4) shall include capabilities and tool sets (i) the CyberCorps: Scholarship for Service
(a) IN GENERAL.—Not later than 120 days to detect, evaluate, and correct errors in (SFS);
after the date of the enactment of this Act, data annotation, identify gaps in training (ii) the Department of Defense Cyber
the Director of National Intelligence shall data used in model development that would Scholarship Program (DoD CySP);
submit to the appropriate committees of require additional data labeling, and evalu- (iii) the Department of Defense Science,
Congress a report that includes an analysis ate model performance across the lifecycle of Mathematics, and Research for Trans-
of the major constraints on the effectiveness its use; and formation (SMART) Scholarship-for-Service
of the military forces of the Federal Repub- (5) shall be developed to support such other Program;
lic of Nigeria in combating ISIS and Boko missions and activities as the Secretary con- (iv) the Stokes Educational Scholarship
Haram (to the extent Boko Haram persists) siders appropriate. Program; and
in northeastern Nigeria. (d) BRIEFING.—Not later than 270 days after (v) the OnRamp II Scholarship Program;
(b) APPROPRIATE COMMITTEES OF CONGRESS the date of the enactment of this Act, the and
DEFINED.—In this section, the term ‘‘appro- Secretary shall provide to the congressional (G) such current programs and institutions
priate committees of Congress’’ means— defense committees a briefing on imple- for information warfare and cyber education
(1) the Committee on Foreign Relations, menting this section, including an identi- for military and civilian personnel, includ-
the Select Committee on Intelligence of the fication of the types of information that the ing—
Senate, and the Committee on Armed Serv- Secretary determines are feasible and advis- (i) the military service academies;
ices of the Senate; and able to include in the data libraries under (ii) the educational institutions described
(2) the Committee on Foreign Affairs, the subsection (b)(1). in section 2151(b) of title 10, United States
Permanent Select Committee on Intel- Code;
ligence, and the Committee on Armed Serv- SA 4181. Mrs. GILLIBRAND sub- (iii) the Air Force Institute of Technology;
ices of the House of Representatives. mitted an amendment intended to be (iv) the National Defense University;
proposed to amendment SA 3867 sub- (v) the Joint Special Operations Univer-
SA 4180. Ms. ROSEN (for herself and sity;
Mr. PORTMAN) submitted an amend- mitted by Mr. REED and intended to be
(vi) any other military educational institu-
ment intended to be proposed to proposed to the bill H.R. 4350, to au- tion of the Department specified by the Sec-
amendment SA 3867 submitted by Mr. thorize appropriations for fiscal year retary for purposes of this section; and
REED and intended to be proposed to 2022 for military activities of the De- (vii) the Cyber Centers of Academic Excel-
the bill H.R. 4350, to authorize appro- partment of Defense, for military con- lence certified jointly by the National Secu-
priations for fiscal year 2022 for mili- struction, and for defense activities of rity Agency and the Department of Home-
tary activities of the Department of the Department of Energy, to prescribe land Security; and
ctelli on DSK11ZRN23PROD with SENATE
military personnel strengths for such (3) determine—
Defense, for military construction, and
(A) the cyberspace domain and information
for defense activities of the Depart- fiscal year, and for other purposes;
warfare mission requirements of an
ment of Energy, to prescribe military which was ordered to lie on the table; undergraduate- and graduate-level profes-
personnel strengths for such fiscal as follows: sional military education college on par with
year, and for other purposes; which was Strike section 1601 and insert the fol- and distinct from the war colleges for the
ordered to lie on the table; as follows: lowing: Army, Navy, and Air Force;
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S7646 CONGRESSIONAL RECORD — SENATE November 2, 2021
(B) what curriculum such a college should formation (SMART) Scholarship-for-Service tary activities of the Department of
instruct; Program; Defense, for military construction, and
(C) whether such a college should be joint; (iv) the Stokes Educational Scholarship
(D) where it should be located; Program; and for defense activities of the Depart-
(E) where such college should be adminis- (v) the OnRamp II Scholarship Program; ment of Energy, to prescribe military
tered; and personnel strengths for such fiscal
(F) interim efforts to improve the coordi- (2) determine— year, and for other purposes; which was
nation of existing cyber and information en- (A) the cyberspace domain and information
vironment education programs; and ordered to lie on the table; as follows:
security requirements of an undergraduate-
(G) the feasibility and advisability of and graduate-level professional education At the end of subtitle F of title XII, add
partnering with and integrating a Reserve college on par with the war colleges for the the following:
Officers’ Training Corps (ROTC) program, Army, Navy, and Air Force;
which shall include civilian personnel, dedi- (B) what curriculum such a college should SEC. 1264. REPORTS ON JOINT STATEMENT OF
cated to cyber and information environment THE UNITED STATES AND GERMANY
instruct;
operations. ON SUPPORTING UKRAINE, EURO-
(C) whether such a college should be joint; PEAN ENERGY SECURITY, AND CLI-
(b) BRIEFING AND REPORT REQUIRED.—Not (D) where such a college should be located; MATE GOALS.
later than May 31, 2022, the Secretary shall (E) under which Federal agency such a col-
provide the Committee on Armed Services of lege should be administered; and (a) SENSE OF CONGRESS.—It is the sense of
the Senate and the Committee on Armed (F) interim efforts to improve the coordi- Congress that—
Services of the House of Representatives a nation of existing cyber and information en- (1) the United States remains opposed to
briefing and, not later than December 1, 2022, vironment education programs; and the completion of the Nord Stream 2 pipe-
the Secretary shall submit to such commit- (3) assess the global current and future line, which threatens the energy security of
tees a report on— many European allies;
cyber and information security environment
(1) the findings of the Secretary in car- (2) the United States is concerned by re-
and its effect on the national security of the
rying out subsection (a); cent efforts by the Russian Federation to
United States, including—
(2) an implementation plan to achieve fu- weaponize gas supplies to advance its geo-
(A) the cyber workforce capacity of rival
ture information warfare and cyber edu- political agenda and exploit the
state armed forces and non-state actors and
cation requirements at appropriate loca- vulnerabilities of Eastern European compa-
potential cyber operations to enable their
tions; nies; and
warfighting capabilities and threaten the na-
(3) such recommendations as the Secretary (3) the Government of Germany must make
tional security of the United States; and
may have for personnel needs in information every effort—
(B) the composition of civilian and mili-
warfare and the cyberspace domain; and (A) to act upon all deliverables outlined in
tary cyber workforces of rival state and non-
(4) such legislative or administrative ac- the joint statement reached between the
state actors and how rival state and non-
tion as the Secretary identifies as necessary United States and Germany on July 15, 2021;
state actors use cyber operations to under-
to effectively meet cyber personnel require- (B) to apply sanctions with respect to the
mine the economic strength, political will,
ments. Russian Federation for any malign activity
(c) EDUCATION DEFINED.—In this section, and military might of the United States.
(b) REPORT REQUIRED.— that weaponizes gas supplies to European al-
the term ‘‘education’’ includes formal edu-
(1) IN GENERAL.—Not later than May 31, lies; and
cation requirements, such as degrees and
2022, the Director shall provide the Select (C) to comply with the regulatory frame-
certification in targeted subject areas, but
Committee on Intelligence of the Senate and work under the European Union’s Third En-
also general training, including—
the Permanent Select Committee on Intel- ergy Package with respect to Nord Stream 2.
(1) reskilling;
(2) knowledge, skills, and abilities; and ligence of the House of Representatives a (b) REPORT.—
(3) nonacademic professional development. briefing and, not later than December 1, 2022, (1) IN GENERAL.—Not later than 60 days
the Director shall submit to such commit- after the date of the enactment of this Act,
SA 4182. Mrs. GILLIBRAND sub- tees a report on— and every 90 days thereafter through Sep-
mitted an amendment intended to be (A) the findings of the Director in carrying tember 30, 2023, the Secretary of State shall
out subsection (a); submit to the Committee on Foreign Rela-
proposed to amendment SA 3867 sub-
(B) an implementation plan to achieve fu- tions of the Senate and the Committee on
mitted by Mr. REED and intended to be ture information security and cyber edu-
proposed to the bill H.R. 4350, to au- Foreign Affairs of the House of Representa-
cation requirements at appropriate loca- tives a report on the implementation of the
thorize appropriations for fiscal year tions; United States-Germany climate and energy
2022 for military activities of the De- (C) such recommendations as the Director joint statement announced by the President
partment of Defense, for military con- may have for personnel needs in information on July 15, 2021.
struction, and for defense activities of warfare and the cyberspace domain; and (2) ELEMENTS.—Each report required by
the Department of Energy, to prescribe (D) such legislative or administrative ac- paragraph (1) shall include the following:
military personnel strengths for such tion as the Director identifies as necessary (A) A description of efforts undertaken by
fiscal year, and for other purposes; to effectively meet cyber personnel require- Germany to execute the elements of such
ments. joint statement, including efforts—
which was ordered to lie on the table;
(2) FORM.—In presenting and submitting (i) to implement assistance programs
as follows: findings under paragraph (1)(A) with respect
At the appropriate place in title X, insert that—
to subsection (a)(3), the Director may— (I) support energy diversification in
the following: (A) when providing the briefing required by
SEC. lll. INFORMATION WARFARE AND CYBER Ukraine; and
such paragraph, present such findings in a (II) commit funding to, and mobilize in-
EDUCATION CURRICULUM AND RE-
classified setting; and vestments toward, sustainable energy;
QUIREMENTS FOR CIVILIAN INTEL-
LIGENCE COMMUNITY. (B) when submitting the report required by (ii) to support Ukraine in negotiations
(a) IN GENERAL.—The Director of National such paragraph, include such findings in a with Gazprom to extend the current transit
Intelligence shall— classified annex. agreement; and
(c) DEFINITIONS.—In this section:
(1) assess current general information war- (iii) to engage more deeply in the Minsk
(1) The term ‘‘education’’ includes formal
fare and cyber education curriculum and re- Agreements and the Normandy Format for a
education requirements, such as degrees and
quirements for civilian elements of the intel- political solution to the Russian Federa-
certification in targeted subject areas, but
ligence community and other civilian per- tion’s illegal occupation of Crimea.
also general training, including—
sonnel as the Director considers appropriate, (B) An assessment of activities by the
(A) reskilling;
including— United States and Germany to advance and
(B) knowledge, skills, and abilities; and
(A) acquisition personnel; provide funding for the Three Seas Initia-
(C) nonacademic professional development.
(B) information environment and cyber- tive.
(2) The term ‘‘intelligence community’’
space personnel; (C) A description of any activity of, or sup-
has the meaning given such term in section
(C) non-information environment and ported by, the Government of the Russian
3 of the National Security Act of 1947 (50
cyberspace personnel; Federation—
U.S.C. 3003).
(D) cyberspace and information environ- (i) to weaponize the gas supplies of the
ment-related scholarship-for-service pro- SA 4183. Mrs. SHAHEEN (for herself Russian Federation so as to exert political
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grams, including— pressure upon any European country;
and Mr. PORTMAN) submitted an
(i) the CyberCorps: Scholarship for Service (ii) to withhold gas supplies for the purpose
(SFS); amendment intended to be proposed to of extracting excessive profit over European
(ii) the Department of Defense Cyber amendment SA 3867 submitted by Mr. customers; or
Scholarship Program (DoD CySP); REED and intended to be proposed to (iii) to seek exemption from the European
(iii) the Department of Defense Science, the bill H.R. 4350, to authorize appro- Union’s Third Energy Package regulatory
Mathematics, and Research for Trans- priations for fiscal year 2022 for mili- framework.
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7647
SA 4184. Mr. BRAUN (for himself and science-based methodology that is trans- poses described in paragraphs (1) and (2) of
Ms. STABENOW) submitted an amend- parent and thorough to establish require- subsection (a); and
ment intended to be proposed to ments— (II) demonstrate proficiency with the pro-
(A) for the development of projects to pre- tocols described in clause (i).
amendment SA 3867 submitted by Mr.
vent, reduce, or mitigate greenhouse gas (B) REQUIREMENTS.—Covered entities cer-
REED and intended to be proposed to emissions or sequester carbon that include 1 tified under the Program shall maintain ex-
the bill H.R. 4350, to authorize appro- or more baseline scenarios; and pertise in the protocols described in subpara-
priations for fiscal year 2022 for mili- (B) to quantify, monitor, report, and verify graph (A)(i), adhere to the qualifications de-
tary activities of the Department of the prevention, reduction, or mitigation of scribed in subparagraph (A)(ii), and adhere to
Defense, for military construction, and greenhouse gas emissions or carbon seques- any relevant conflict of interest require-
for defense activities of the Depart- tration by projects described in subpara- ments, as determined appropriate by the
ment of Energy, to prescribe military graph (A). Secretary, for—
(8) SECRETARY.—The term ‘‘Secretary’’
personnel strengths for such fiscal (i) the provision of technical assistance to
means the Secretary of Agriculture.
year, and for other purposes; which was farmers, ranchers, and private forest land-
(9) SOCIALLY DISADVANTAGED FARMER OR
ordered to lie on the table; as follows: owners for carrying out activities described
RANCHER; SOCIALLY DISADVANTAGED GROUP.—
At the end of subtitle G of title X of divi- The terms ‘‘socially disadvantaged farmer or in paragraph (2); or
sion A, add the following: rancher’’ and ‘‘socially disadvantaged group’’ (ii) the verification of the processes de-
SEC. 10ll. GREENHOUSE GAS TECHNICAL AS- have the meaning given those terms in sec- scribed in protocols for voluntary environ-
SISTANCE PROVIDER AND THIRD- tion 355(e) of the Consolidated Farm and mental credit markets that are used in car-
PARTY VERIFIER CERTIFICATION Rural Development Act (7 U.S.C. 2003(e)). rying out activities described in paragraph
PROGRAM. (2).
(10) TECHNICAL ASSISTANCE.—The term
(a) PURPOSES.—The purposes of this section ‘‘technical assistance’’ means technical ex- (2) ACTIVITIES.—The activities for which
are— pertise, information, and tools necessary to covered entities may provide technical as-
(1) to facilitate the participation of farm- assist a farmer, rancher, or private forest sistance or conduct verification of processes
ers, ranchers, and private forest landowners landowner who is engaged in or wants to en- under the Program are current and future
in voluntary environmental credit markets, gage in a project to prevent, reduce, or miti- activities that prevent, reduce, or mitigate
including through the Program; gate greenhouse gas emissions or sequester greenhouse gas emissions or sequester car-
(2) to facilitate the provision of technical carbon to meet a protocol. bon, which may include—
assistance through covered entities to farm- (11) VOLUNTARY ENVIRONMENTAL CREDIT (A) land or soil carbon sequestration;
ers, ranchers, and private forest landowners MARKET.—The term ‘‘voluntary environ- (B) emissions reductions derived from fuel
in overcoming barriers to entry into vol- mental credit market’’ means a voluntary choice or reduced fuel use;
untary environmental credit markets; market through which agriculture or for- (C) livestock emissions reductions, includ-
(3) to assist covered entities in certifying estry credits may be bought or sold. ing emissions reductions achieved through—
under the Program; and (c) ESTABLISHMENT.— (i) feeds, feed additives, and the use of by-
(4) to establish the Advisory Council to ad- (1) IN GENERAL.—On the date that is 270 products as feed sources; or
vise the Secretary regarding the Program days after the date of enactment of this Act, (ii) manure management practices;
and other related matters. and after making a positive determination (D) on-farm energy generation;
(b) DEFINITIONS.—In this section: under paragraph (2), the Secretary shall es- (E) energy feedstock production;
(1) ADVISORY COUNCIL.—The term ‘‘Advi- tablish a voluntary program, to be known as (F) fertilizer or nutrient use emissions re-
sory Council’’ means the Greenhouse Gas the ‘‘Greenhouse Gas Technical Assistance ductions;
Technical Assistance Provider and Third- Provider and Third-Party Verifier Certifi- (G) reforestation;
Party Verifier Certification Program Advi- cation Program’’, to certify covered entities (H) forest management, including improv-
sory Council established under subsection that the Secretary determines meet the re- ing harvesting practices and thinning dis-
(g)(1). quirements described in subsection (d). eased trees;
(2) AGRICULTURE OR FORESTRY CREDIT.—The (2) DETERMINATION.—The Secretary shall (I) prevention of the conversion of forests,
term ‘‘agriculture or forestry credit’’ means establish the Program only if, after consid- grasslands, and wetlands;
a credit derived from the prevention, reduc- ering relevant information, including the in- (J) restoration of wetlands or grasslands;
tion, or mitigation of greenhouse gas emis- formation collected or reviewed relating to (K) grassland management, including pre-
sions or carbon sequestration on agricultural the assessment conducted under subsection scribed grazing;
land or private forest land that may be (h)(1)(A), the Secretary determines that the
(L) current practices associated with pri-
bought or sold on a voluntary environmental Program will further each of the purposes
vate land conservation programs adminis-
credit market. described in paragraphs (1) and (2) of sub-
(3) BEGINNING FARMER OR RANCHER.—The tered by the Secretary; and
section (a).
term ‘‘beginning farmer or rancher’’ has the (M) such other activities, or combinations
(3) REPORT.—If the Secretary determines
meaning given the term in section 2501(a) of of activities, that the Secretary, in consulta-
under paragraph (2) that the Program would
the Food, Agriculture, Conservation, and tion with the Advisory Council, determines
not further the purposes described in para-
Trade Act of 1990 (7 U.S.C. 2279(a)). to be appropriate.
graph (1) or (2) of subsection (a) and does not
(4) COVERED ENTITY.—The term ‘‘covered (3) REQUIREMENTS.—In publishing the list
establish the Program, the Secretary shall
entity’’ means a person or State that ei- of protocols and description of qualifications
publish a report describing the reasons the
ther— under paragraph (1)(A), the Secretary, in
Program would not further those purposes.
(A) is a provider of technical assistance to (d) CERTIFICATION QUALIFICATIONS.— consultation with the Advisory Council,
farmers, ranchers, or private forest land- (1) IN GENERAL.— shall—
owners in carrying out sustainable land use (A) PROTOCOLS AND QUALIFICATIONS.—After (A) ensure that the requirements for cov-
management practices that— providing public notice and at least a 60-day ered entities to certify under the Program
(i) prevent, reduce, or mitigate greenhouse period for public comment, the Secretary include maintaining expertise in all relevant
gas emissions; or shall, during the 90-day period beginning on information relating to market-based proto-
(ii) sequester carbon; or the date on which the Program is estab- cols, as appropriate, with regard to—
(B) is a third-party verifier entity that lished, publish— (i) quantification;
conducts the verification of the processes de- (i) a list of, and documents relating to, rec- (ii) verification;
scribed in protocols for voluntary environ- ognized protocols for voluntary environ- (iii) additionality;
mental credit markets. mental credit markets that are designed to (iv) permanence;
(5) GREENHOUSE GAS.—The term ‘‘green- ensure consistency, reliability, effectiveness, (v) reporting; and
house gas’’ means— efficiency, and transparency, including pro- (vi) other expertise, as determined by the
(A) carbon dioxide; tocol documents and details relating to— Secretary; and
(B) methane; (I) calculations; (B) ensure that a covered entity certified
(C) nitrous oxide; and (II) sampling methodologies; under the Program is required to perform,
(D) any other gas that the Secretary, in (III) accounting principles; and to demonstrate expertise, as determined
consultation with the Advisory Council, de- (IV) systems for verification, monitoring, by the Secretary, in accordance with best
termines has been identified to have heat measurement, and reporting; and management practices for agricultural and
trapping qualities. (V) methods to account for additionality, forestry activities that prevent, reduce, or
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(6) PROGRAM.—The term ‘‘Program’’ means permanence, leakage, and, where appro- mitigate greenhouse gas emissions or seques-
the Greenhouse Gas Technical Assistance priate, avoidance of double counting; and ter carbon.
Provider and Third-Party Verifier Certifi- (ii) descriptions of qualifications for cov- (4) PERIODIC REVIEW.—As appropriate, the
cation Program established under subsection ered entities that— Secretary shall periodically review and re-
(c). (I) demonstrate that the covered entity vise the list of protocols and description of
(7) PROTOCOL.—The term ‘‘protocol’’ means can assist farmers, ranchers, and private for- certification qualifications published under
a systematic approach that follows a est landowners in accomplishing the pur- paragraph (1)(A) to include any additional
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S7648 CONGRESSIONAL RECORD — SENATE November 2, 2021
protocols or qualifications that meet the re- Program to ensure compliance with the re- (1) IN GENERAL.—During the 90-day period
quirements described in subparagraphs (A) quirements under subsection (d)(1)(B) beginning on the date on which the Program
and (B) of paragraph (3). through an audit process that includes a rep- is established, the Secretary shall establish
(e) CERTIFICATION, WEBSITE, AND PUBLICA- resentative sample of— an advisory council, to be known as the
TION OF LISTS.— (A) technical assistance providers; and ‘‘Greenhouse Gas Technical Assistance Pro-
(1) CERTIFICATION.—A covered entity may (B) verifiers of the processes described in vider and Third-Party Verifier Certification
self-certify under the Program by submitting protocols for voluntary environmental credit Program Advisory Council’’.
to the Secretary, through a website main- markets. (2) MEMBERSHIP.—
tained by the Secretary— (8) REVOCATION OF CERTIFICATION.— (A) IN GENERAL.—The Advisory Council
(A) a notification that the covered entity (A) IN GENERAL.—The Secretary may re- shall be composed of members appointed by
will— voke the certification of a covered entity the Secretary in accordance with this para-
(i) maintain expertise in the protocols de- under the Program in the event of— graph.
scribed in clause (i) of subsection (d)(1)(A); (i) noncompliance with the requirements (B) GENERAL REPRESENTATION.—The Advi-
and under subsection (d)(1)(B); or sory Council shall—
(ii) adhere to the qualifications described (ii) a violation of subsection (f)(2)(A). (i) be broadly representative of the agri-
in clause (ii) of that subsection; and (B) NOTIFICATION.—If the Secretary re- culture and private forest sectors;
(B) appropriate documentation dem- vokes a certification of a covered entity (ii) include socially disadvantaged farmers
onstrating the expertise described in sub- under subparagraph (A), to the extent prac- and ranchers and other historically under-
paragraph (A)(i) and qualifications described ticable, the Secretary shall—
served farmers, ranchers, or private forest
in subparagraph (A)(ii). (i) request from that covered entity con-
(2) WEBSITE AND SOLICITATION.—During the landowners; and
tact information for all farmers, ranchers,
180-day period beginning on the date on (iii) be composed of not less than 51 per-
and private forest landowners to which the
which the Program is established, the Sec- cent farmers, ranchers, or private forest
covered entity provided technical assistance
retary shall publish, through an existing landowners.
or the verification of the processes described
website maintained by the Secretary— (C) MEMBERS.—Members appointed under
in protocols for voluntary environmental
(A) information describing how covered en- subparagraph (A) shall include—
credit markets; and
tities may self-certify under the Program in (ii) notify those farmers, ranchers, and pri- (i) not more than 2 representatives of the
accordance with paragraph (1); vate forest landowners of the revocation. Department of Agriculture, as determined by
(B) information describing how covered en- (9) FAIR TREATMENT OF FARMERS.—The Sec- the Secretary;
tities may obtain, through private training retary shall ensure, to the maximum extent (ii) not more than 1 representative of the
programs or Department of Agriculture practicable, that covered entities certified Environmental Protection Agency, as deter-
training programs, the requisite expertise— under paragraph (1) act in good faith— mined by the Administrator of the Environ-
(i) in the protocols described in clause (i) (A) to provide realistic estimates of costs mental Protection Agency;
of subsection (d)(1)(A); and and revenues relating to activities and (iii) not more than 1 representative of the
(ii) to meet the qualifications described in verification of processes, as applicable to the National Institute of Standards and Tech-
clause (ii) of that subsection; covered entity, as described in subsection nology;
(C) the protocols and qualifications pub- (d)(2); and (iv) not fewer than 12 representatives of
lished by the Secretary under subsection (B) in the case of technical assistance pro- the agriculture industry, appointed in a
(d)(1)(A); and viders, to assist farmers, ranchers, and pri- manner that is broadly representative of the
(D) instructions and suggestions to assist vate forest landowners in ensuring that the agriculture sector, including not fewer than
farmers, ranchers, and private forest land- farmers, ranchers, and private forest land- 6 active farmers and ranchers;
owners in facilitating the development of ag- owners receive fair distribution of revenues (v) not fewer than 4 representatives of pri-
riculture or forestry credits and accessing derived from the sale of an agriculture or vate forest landowners or the forestry and
voluntary environmental credit markets, in- forestry credit. forest products industry appointed in a man-
cluding— (10) SAVINGS CLAUSE.—Nothing in this sec- ner that is broadly representative of the pri-
(i) through working with covered entities tion authorizes the Secretary to compel a vate forest sector;
certified under the Program; and farmer, rancher, or private forest landowner (vi) not more than 4 representatives of the
(ii) by providing information relating to to participate in a transaction or project fa- relevant scientific research community, in-
programs, registries, and protocols of pro- cilitated by a covered entity certified under cluding not fewer than 2 representatives
grams and registries that provide market- paragraph (1). from land-grant colleges and universities (as
based participation opportunities for work- (f) ENFORCEMENT.— defined in section 1404 of the National Agri-
ing and conservation agricultural and for- (1) PROHIBITION ON CLAIMS.— cultural Research, Extension, and Teaching
estry lands. (A) IN GENERAL.—A person that is not cer- Policy Act of 1977 (7 U.S.C. 3103)), of which 1
(3) PUBLICATION.—During the 1-year period tified under the Program in accordance with shall be a representative of a college or uni-
beginning on the date on which the Program this section shall not knowingly make a versity eligible to receive funds under the
is established, the Secretary, in consultation claim that the person is a ‘‘USDA-certified Act of August 30, 1890 (commonly known as
with the Advisory Council and following the technical assistance provider or third-party the ‘‘Second Morrill Act’’) (26 Stat. 417, chap-
review by the Secretary for completeness verifier for voluntary environmental credit ter 841; 7 U.S.C. 321 et seq.), including
and accuracy of the certification notifica- markets’’ or any substantially similar claim. Tuskegee University;
tions and documentation submitted under (B) PENALTY.—Any person that violates (vii) not more than 2 experts or profes-
paragraph (1), shall use an existing website subparagraph (A) shall be— sionals familiar with voluntary environ-
maintained by the Secretary to publish— (i) subject to a civil penalty equal to such mental credit markets and the verification
(A) a list of covered entities that are cer- amount as the Secretary determines to be requirements in those markets;
tified under paragraph (1) as technical assist- appropriate, not to exceed $1,000 per viola- (viii) not more than 3 members of non-
ance providers; and tion; and governmental or civil society organizations
(B) a list of covered entities that are cer- (ii) ineligible to certify under the Program with relevant expertise, of which not fewer
tified under paragraph (1) as verifiers of the for the 5-year period beginning on the date of than 1 shall represent the interests of so-
processes described in protocols for vol- the violation. cially disadvantaged groups;
untary environmental credit markets. (2) SUBMISSION OF FRAUDULENT INFORMA- (ix) not more than 3 members of private
(4) UPDATES.—Not less frequently than TION.— sector entities or organizations that partici-
quarterly, the Secretary, in consultation (A) IN GENERAL.—A person, regardless of pate in voluntary environmental credit mar-
with the Advisory Council, shall update the whether the person is certified under the kets through which agriculture or forestry
lists published under paragraph (3). program, shall not submit fraudulent infor- credits are bought and sold; and
(5) SUBMISSION.—The Secretary shall notify mation as part of a notification under sub- (x) any other individual whom the Sec-
Congress of the publication of the initial list section (e)(1). retary determines to be necessary to ensure
under paragraph (3). (B) PENALTY.—Any person that violates that the Advisory Council is composed of a
(6) REQUIREMENT.—To remain certified subparagraph (A) shall be— diverse group of representatives of industry,
under the Program, a covered entity shall (i) subject to a civil penalty equal to such academia, independent researchers, and pub-
continue— amount as the Secretary determines to be lic and private entities.
(A) to maintain expertise in the protocols appropriate, not to exceed $1,000 per viola- (D) CHAIR.—The Secretary shall designate
described in subparagraph (A)(i) of sub- tion; and a member of the Advisory Council to serve as
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section (d)(1); and (ii) ineligible to certify under the Program the Chair.
(B) to adhere to the qualifications de- for the 5-year period beginning on the date of (E) TERMS.—
scribed in subparagraph (A)(ii) of that sub- the violation. (i) IN GENERAL.—The term of a member of
section. (g) GREENHOUSE GAS TECHNICAL ASSIST- the Advisory Council shall be 2 years, except
(7) AUDITING.—Not less frequently than an- ANCE PROVIDER AND THIRD-PARTY VERIFIER that, of the members first appointed—
nually, the Secretary shall conduct audits of CERTIFICATION PROGRAM ADVISORY COUN- (I) not fewer than 8 members shall serve
covered entities that are certified under the CIL.— for a term of 1 year;
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7649
(II) not fewer than 12 members shall serve technical assistance or verification activi- consideration and account for factors en-
for a term of 2 years; and ties described under subsection (d)(2). countered by the agriculture and private for-
(III) not fewer than 12 members shall serve (7) FACA APPLICABILITY.—The Advisory est sectors in preventing, reducing, or miti-
for a term of 3 years. Council shall be subject to the Federal Advi- gating greenhouse gases or sequestering car-
(ii) ADDITIONAL TERMS.—After the initial sory Committee Act (5 U.S.C. App.), except bon through agriculture and forestry prac-
term of a member of the Advisory Council, that section 14(a)(2) of that Act shall not tices, considering variances across regions,
including the members first appointed, the apply. topography, soil types, crop or species vari-
member may serve not more than 4 addi- (h) ASSESSMENT.— eties, and business models;
tional 2-year terms. (1) IN GENERAL.—Not later than 240 days (xiii) the extent to which existing proto-
(3) MEETINGS.— after the date of enactment of this Act, the cols in voluntary environmental credit mar-
(A) FREQUENCY.—The Advisory Council Secretary, in consultation with the Adminis- kets consider options to ensure the contin-
shall meet not less frequently than annually, trator of the Environmental Protection ued valuation, through discounting or other
at the call of the Chair. Agency, shall— means, of agriculture and forestry credits in
(B) INITIAL MEETING.—During the 90-day pe- (A) conduct an assessment, including by the case of the practices underlying those
riod beginning on the date on which the incorporating information from existing credits being disrupted due to unavoidable
members are appointed under paragraph publications and reports of the Department events, including production challenges and
(2)(A), the Advisory Council shall hold an of Agriculture and other entities with rel- natural disasters; and
initial meeting. evant expertise, regarding— (xiv) opportunities for other voluntary
(4) DUTIES.—The Advisory Council shall— (i) the number and categories of non-Fed- markets outside of voluntary environmental
(A) periodically review and recommend eral actors in the nonprofit and for-profit credit markets to foster the trading, buying,
any appropriate changes to— sectors involved in buying, selling, and trad- or selling of credits that are derived from ac-
(i) the list of protocols and description of ing agriculture or forestry credits in vol- tivities that provide other ecosystem service
qualifications published by the Secretary untary environmental credit markets; benefits, including activities that improve
under subsection (d)(1)(A); and (ii) the estimated overall domestic market water quality, water quantity, wildlife habi-
(ii) the requirements described in sub- demand for agriculture or forestry credits at tat enhancement, and other ecosystem serv-
section (d)(1)(B); the end of the preceding 4-calendar year pe- ices, as the Secretary determines appro-
(B) make recommendations to the Sec- riod, and historically, in voluntary environ- priate;
retary regarding the best practices that mental credit markets; (B) publish the assessment; and
should be included in the protocols, descrip- (iii) the total number of agriculture or for- (C) submit the assessment to the Com-
tion of qualifications, and requirements de- estry credits (measured in metric tons of mittee on Agriculture, Nutrition, and For-
scribed in subparagraph (A); and carbon dioxide equivalent) that were esti- estry of the Senate and the Committee on
(C) advise the Secretary regarding— mated to be in development, generated, or Agriculture of the House of Representatives.
(i) the current methods used by voluntary sold in market transactions during the pre- (2) QUADRIENNIAL ASSESSMENT.—The Sec-
environmental credit markets to quantify ceding 4-calendar year period, and histori- retary, in consultation with the Adminis-
and verify the prevention, reduction, and cally, in voluntary environmental credit trator of the Environmental Protection
mitigation of greenhouse gas emissions or markets; Agency and the Advisory Council, shall con-
sequestration of carbon; (iv) the estimated supply and demand of duct the assessment described in paragraph
(ii) additional considerations for certifying metric tons of carbon dioxide equivalent of (1)(A) and publish and submit the assessment
covered entities under the Program; offsets in the global marketplace for the in accordance with subparagraphs (B) and (C)
(iii) means to reduce barriers to entry in next 4 years; of paragraph (1) every 4 years after the publi-
the business of providing technical assist- (v) the barriers to entry due to compliance cation and submission of the first assess-
ance or the verification of the processes de- and verification costs described in sub- ment under subparagraphs (B) and (C) of
scribed in protocols for voluntary environ- section (g)(4)(C)(iv); paragraph (1).
mental credit markets for covered entities, (vi) the state of monitoring and measure- (i) REPORT.—Not later than 2 years after
including by improving technical assistance ment technologies needed to quantify long- the date on which the Program is estab-
provided by the Secretary; term carbon sequestration in soils and from lished, and every 2 years thereafter, the Sec-
(iv) means to reduce compliance and other activities to prevent, reduce, or miti- retary shall publish and submit to the Com-
verification costs for farmers, ranchers, and gate greenhouse gas emissions in the agri- mittee on Agriculture, Nutrition, and For-
private forest landowners in entering vol- culture and forestry sectors; estry of the Senate and the Committee on
untary environmental credit markets, in- (vii) means to reduce barriers to entry into Agriculture of the House of Representatives
cluding through mechanisms and processes voluntary environmental credit markets for a report describing, for the period covered by
to aggregate the value of activities across small, beginning, and socially disadvantaged the report—
land ownership; farmers, ranchers, and private forest land- (1) the number of covered entities that—
(v) issues relating to land and asset owner- owners and the extent to which existing pro- (A) were registered under the Program;
ship in light of evolving voluntary environ- tocols in voluntary environmental credit (B) were new registrants under the Pro-
mental credit markets; and markets allow for aggregation of projects gram, if applicable; and
(vi) additional means to reduce barriers to among farmers, ranchers, and private forest (C) did not renew their registration under
entry in voluntary environmental credit landowners; the Program, if applicable;
markets for farmers, ranchers, and private (viii) means to leverage existing Depart- (2) each covered entity the certification of
forest landowners, particularly for histori- ment of Agriculture programs and other Fed- which was revoked by the Secretary under
cally underserved, socially disadvantaged, or eral programs that could improve, lower the subsection (e)(8);
limited resource farmers, ranchers, or pri- costs of, and enhance the deployment of (3) a review of the outcomes of the Pro-
vate forest landowners. monitoring and measurement technologies gram, including—
(5) COMPENSATION.—The members of the described in clause (vi); (A) the ability of farmers, ranchers, and
Advisory Council shall serve without com- (ix) the potential impact of Department of private forest landowners, including small,
pensation. Agriculture activities on supply and demand beginning, and socially disadvantaged farm-
(6) CONFLICT OF INTEREST.—The Secretary of agriculture or forestry credits; ers, ranchers, and private forest landowners,
shall prohibit any member of the Advisory (x) the potential role of the Department of to develop agriculture or forestry credits
Council from— Agriculture in encouraging innovation in through covered entities certified under the
(A) engaging in any determinations or ac- voluntary environmental credit markets; Program;
tivities of the Advisory Council that may re- (xi) the extent to which the existing re- (B) methods to improve the ability of farm-
sult in the favoring of, or a direct and pre- gimes for generating and selling agriculture ers, ranchers, and private forest landowners
dictable effect on— or forestry credits, as the regimes exist at to overcome barriers to entry to voluntary
(i) the member or a family member, as de- the end of the preceding 4-calendar year pe- environmental credit markets; and
termined by the Secretary; riod, and historically, and existing voluntary (C) methods to further facilitate participa-
(ii) stock owned by the member or a family environmental credit markets, may be im- tion of farmers, ranchers, and private forest
member, as determined by the Secretary; or peded or constricted, or achieve greater scale landowners in voluntary environmental cred-
(iii) the employer of, or a business owned and reach, if the Department of Agriculture it markets; and
in whole or in part by, the member or a fam- were involved, including by considering the (4) any recommendations for improve-
ily member, as determined by the Secretary; role of the Department of Agriculture in re- ments to the Program.
or ducing the barriers to entry identified under (j) CONFIDENTIALITY.—
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(B) providing advice or recommendations clause (v), including by educating stake- (1) PROHIBITION.—
regarding, or otherwise participating in, holders about voluntary environmental cred- (A) IN GENERAL.—Except as provided in
matters of the Advisory Council that— it markets; paragraph (2), the Secretary, any other offi-
(i) constitute a conflict of interest under (xii) the extent to which existing protocols cer or employee of the Department of Agri-
section 208 of title 18, United States Code; or in voluntary environmental credit markets, culture or any agency of the Department of
(ii) may call into question the integrity of including verification, additionality, perma- Agriculture, or any other person may not
the Advisory Council, the Program, or the nence, and reporting, adequately take into disclose to the public the information held
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S7650 CONGRESSIONAL RECORD — SENATE November 2, 2021
by the Secretary described in subparagraph ‘‘(11) $20,000,000 for fiscal year 2024. (C) for intelligence, electronic warfare, or
(B). ‘‘(12) $20,000,000 for fiscal year 2025. information warfare operations, testing,
(B) INFORMATION.— ‘‘(13) $20,000,000 for fiscal year 2026.’’. analysis, and or training.
(i) IN GENERAL.—Except as provided in (3) NOTICE.—The certification described in
clause (ii), the information prohibited from SA 4186. Mrs. BLACKBURN sub- paragraph (1) shall be submitted to the Com-
disclosure under subparagraph (A) is— mitted an amendment intended to be mittees specified in such paragraph by not
(I) information collected by the Secretary proposed to amendment SA 3867 sub- later than the date that is 14 days after the
or published by the Secretary under sub- mitted by Mr. REED and intended to be date on which a waiver is issued under such
section (h) or (i); paragraph.
proposed to the bill H.R. 4350, to au- (c) FEDERAL AVIATION ADMINISTRATION
(II) personally identifiable information, in-
thorize appropriations for fiscal year CENTER OF EXCELLENCE FOR UNMANNED AIR-
cluding in a contract or service agreement,
of a farmer, rancher, or private forest land- 2022 for military activities of the De- CRAFT SYSTEMS EXEMPTION.—The restriction
owner, obtained by the Secretary under partment of Defense, for military con- under subsection (a) shall not apply with re-
paragraph (7) or (8)(B)(i) of subsection (e); struction, and for defense activities of spect to the operation or procurement of a
and the Department of Energy, to prescribe UAS which the Secretary of Transportation,
(III) confidential business information in a in consultation with the Secretary of Home-
military personnel strengths for such
contract or service agreement of a farmer, land Security, determines is for the sole pur-
fiscal year, and for other purposes; poses of research, evaluation, training, test-
rancher, or private forest landowner ob- which was ordered to lie on the table;
tained by the Secretary under paragraph (7) ing, or analysis for the Federal Aviation Ad-
as follows: ministration’s Alliance for System Safety of
or (8)(B)(i) of subsection (e).
At the end of subtitle G of title X, add the UAS through Research Excellence (ASSURE)
(ii) AGGREGATED RELEASE.—Information
following: Center of Excellence (COE) for Unmanned
described in clause (i) may be released to the
SEC. ll. PROHIBITION ON OPERATION OR PRO- Aircraft Systems.
public if the information has been trans- (d) EFFECTIVE DATES.—
CUREMENT OF CERTAIN FOREIGN-
formed into a statistical or aggregate form MADE UNMANNED AIRCRAFT SYS- (1) IN GENERAL.—This Act shall take effect
that does not allow the identification of the TEMS. on the date that is 120 days after the date of
person who supplied or is the subject of the (a) PROHIBITION ON AGENCY OPERATION OR the enactment of this Act.
particular information. PROCUREMENT.—Except as provided in sub- (2) WAIVER PROCESS.—Not later than 60
(2) EXCEPTION.—Paragraph (1) shall not sections (b), (c), and (d)(3), the Secretary of days after the date of the enactment of this
prohibit the disclosure— Defense and the Secretary of Homeland Se- Act, the Secretary of Defense and the Sec-
(A) of the name of any covered entity pub- curity may not operate, provide financial as- retary of Homeland Security shall each es-
lished and submitted by the Secretary under sistance for, or enter into or renew a con- tablish a process by which the head of an of-
subsection (i)(2); or tract for the procurement of— fice or component of the Department of De-
(B) by an officer or employee of the Fed- (1) an unmanned aircraft system (referred fense or Department of Homeland Security,
eral Government of information described in to in this section as ‘‘UAS’’) that— respectively, may request a waiver under
paragraph (1)(B) as otherwise directed by the (A) is manufactured in a covered foreign subsection (b).
Secretary or the Attorney General for en- country or by a corporation domiciled in a (3) EXCEPTION.—Notwithstanding the prohi-
forcement purposes. covered foreign country; bition under subsection (a), the head of an
(k) FUNDING.—
(B) uses flight controllers, radios, data office or component of the Department of
(1) AUTHORIZATION OF APPROPRIATIONS.—In
transmission devices, cameras, or gimbals Defense or Department of Homeland Secu-
addition to the amount made available under
manufactured in a covered foreign country rity may continue to operate a UAS, a soft-
paragraph (2), there is authorized to be ap-
or by a corporation domiciled in a covered ware operating system associated with a
propriated to carry out this section $1,000,000
foreign country; UAS, or a system for the detection or identi-
for each of fiscal years 2022 through 2026.
(C) uses a ground control system or oper- fication of a UAS described in any of sub-
(2) DIRECT FUNDING.—
ating software developed in a covered foreign paragraphs (1) through (3) of subsection (a)
(A) RESCISSION.—There is rescinded
country or by a corporation domiciled in a that was in the inventory of such office or
$4,100,000 of the unobligated balance of
covered foreign country; or component on the day before the effective
amounts made available by section 1003 of
(D) uses network connectivity or data stor- date of this Act until, the later of—
the American Rescue Plan Act of 2021 (Pub-
age located in a covered foreign country or (A) the date on which the Secretary of De-
lic Law 117–2).
administered by a corporation domiciled in a fense or Secretary of Homeland Security, as
(B) DIRECT FUNDING.—If sufficient unobli-
covered foreign country; the case may be
gated amounts made available by section
(2) a software operating system associated (i) grants a waiver relating thereto under
1003 of the American Rescue Plan Act of 2021
with a UAS that uses network connectivity subsection (b); or
(Public Law 117–2) are available on the date
or data storage located in a covered foreign (ii) declines to grant such a waiver, or
of enactment of this Act to execute the en-
country or administered by a corporation (B) 1 year after the date of the enactment
tire rescission described in subparagraph (A),
domiciled in a covered foreign country; or of this Act.
then on the day after the execution of the (e) DRONE ORIGIN SECURITY REPORT TO CON-
(3) a system for the detection or identifica-
entire rescission, there is appropriated to the GRESS.—
tion of a UAS, which system is manufactured
Secretary, out of amounts in the Treasury (1) IN GENERAL.—Not later than 180 days
in a covered foreign country or by a corpora-
not otherwise appropriated, $4,100,000 to after the date of the enactment of this Act,
tion domiciled in a covered foreign country.
carry out this section. (b) WAIVER.— the Secretary of Defense and the Secretary
(1) IN GENERAL.—The Secretary of Defense of Homeland Security shall each submit to
SA 4185. Mr. PORTMAN (for himself,
or the Secretary of Homeland Security may the congressional committees described in
Mr. COONS, and Mr. BURR) submitted an waive the prohibition under subsection (a) if paragraph (2) a terrorism threat assessment
amendment intended to be proposed to the Secretary submits a written certification and report that contains information relat-
amendment SA 3867 submitted by Mr. described in paragraph (2) to— ing to the following:
REED and intended to be proposed to (A) in the case of the Secretary of Defense, (A) The extent to which the Department of
the bill H.R. 4350, to authorize appro- the Committee on Armed Services of the Defense or Department of Homeland Secu-
priations for fiscal year 2022 for mili- Senate and the Committee on Armed Serv- rity, as the case may be, has previously ana-
tary activities of the Department of ices of the House of Representatives; and lyzed the threat that a UAS, a software oper-
Defense, for military construction, and (B) in the case of the Secretary of Home- ating system associated with a UAS, or a
land Security, the Committee on Homeland system for the detection or identification of
for defense activities of the Depart- Security and Governmental Affairs of the a UAS from a covered foreign country oper-
ment of Energy, to prescribe military Senate and the Committee on Homeland Se- ating in the United States poses, and the re-
personnel strengths for such fiscal curity of the House of Representatives. sults of such analysis.
year, and for other purposes; which was (2) CONTENTS.—A certification described in (B) The number of UAS, software operating
ordered to lie on the table; as follows: this paragraph shall certify that a UAS, a systems associated with a UAS, or systems
At the end of subtitle G of title X, add the software operating system associated with a for the detection or identification of a UAS
following: UAS, or a system for the detection or identi- from a covered foreign country in operation
SEC. 1064. REAUTHORIZATION OF THE TROPICAL fication of a UAS described in any of sub- by the Department of Defense or Department
FOREST AND CORAL REEF CON- paragraphs (A) through (C) of subsection of Homeland Security, as the case may be,
ctelli on DSK11ZRN23PROD with SENATE
SERVATION ACT OF 1998. (a)(1) that is the subject of a waiver under including an identification of the component
Section 806(d) of the Tropical Forest and paragraph (1) is required— or office of the Department at issue, as of
Coral Reef Conservation Act of 1998 (22 (A) in the national interest of the United such date.
U.S.C. 2431d(d)) is amended by adding at the States; (C) The extent to which information gath-
end the following new paragraphs: (B) for counter-UAS surrogate research, ered by such a UAS, a software operating
‘‘(9) $20,000,000 for fiscal year 2022. testing, development, evaluation, or train- system associated with a UAS, or a system
‘‘(10) $20,000,000 for fiscal year 2023. ing; or for the detection or identification of a UAS
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7651
from a covered foreign country could be em- in subsection (b), and each 90 days there- mental management program of the Depart-
ployed to harm the national or economic se- after, the Secretary shall update the site ex- ment of Energy. Each such resource and ad-
curity of the United States. posure matrices with all information avail- vocacy center shall assist current or former
(2) COMMITTEES DESCRIBED.—The congres- able as of such time from the Secretary of Department of Energy employees and cur-
sional committees described in this para- Energy. rent or former Department of Energy con-
graph are— ‘‘(d) INFORMATION.—The Secretary of En- tractor employees, by enabling the employ-
(A) in the case of the Secretary of Defense, ergy shall furnish to the Secretary of Labor ees and contractor employees to—
the Committee on Armed Services of the any information that the Secretary of Labor ‘‘(A) receive information regarding all re-
Senate and the Committee on Armed Serv- finds necessary or useful for the production lated programs available to them relating to
ices of the House of Representatives; and of the site exposure matrices under this sec- potential claims under this title, including—
(B) in the case of the Secretary of Home- tion, including records from the Department ‘‘(i) programs under subtitles B and E; and
land Security, the Committee on Homeland of Energy former worker medical screening ‘‘(ii) the former worker medical screening
Security and Governmental Affairs of the program. program of the Department of Energy; and
Senate and the Committee on Homeland Se- ‘‘(e) PUBLIC AVAILABILITY.—The Secretary ‘‘(B) navigate all such related programs.
curity of the House of Representatives. of Labor shall make available to the public, ‘‘(2) COORDINATION.—The Secretary of En-
(f) DEFINITIONS.—In this section: on the primary website of the Department of ergy shall integrate other programs avail-
(1) COVERED FOREIGN COUNTRY.—The term Labor— able to current and former employees, and
‘‘covered foreign country’’ means a country ‘‘(1) the site exposure matrices, as periodi- current or former Department of Energy
that— cally updated under subsections (b) and (c); contractor employees, which are related to
(A) the intelligence community has identi- ‘‘(2) each site profile prepared under sec- the purposes of this title, with the resource
fied as a foreign adversary in its most recent tion 3633(a); and advocacy centers established under para-
Annual Threat Assessment; or ‘‘(3) any other database used by the Sec- graph (1), as appropriate.
(B) the Secretary of Homeland Security, in retary of Labor to evaluate claims for com- ‘‘(c) INFORMATION.—The Secretary of Labor
coordination with the Director of National pensation under this title; and shall develop and distribute, through the re-
Intelligence, has identified as a foreign ad- ‘‘(4) statistical data, in the aggregate and source and advocacy centers established
versary that is not included in such Annual disaggregated by each Department of Energy under subsection (b) and other means, infor-
Threat Assessment. facility, regarding— mation (which may include responses to fre-
(2) INTELLIGENCE COMMUNITY.—The term ‘‘(A) the number of claims filed under this quently asked questions) for current or
‘‘intelligence community’’ has the meaning subtitle; former employees or current or former De-
given such term in section 3(4) of the Na- ‘‘(B) the types of illnesses claimed; partment of Energy contractor employees
tional Security Act of 1947 (50 U.S.C. 3003(4)). ‘‘(C) the number of claims filed for each about the programs under subtitles B and E
(3) UNMANNED AIRCRAFT SYSTEM; UAS.—The type of illness and, for each claim, whether and the claims process under such programs.
terms ‘‘unmanned aircraft system’’ and ‘‘(d) COPY OF EMPLOYEE’S CLAIMS
the claim was approved or denied;
RECORDS.—
‘‘UAS’’ have the meaning given the term ‘‘(D) the number of claimants receiving
‘‘(1) IN GENERAL.—The Secretary of Labor
‘‘unmanned aircraft system’’ in section 331 of compensation; and
shall, upon the request of a current or
the FAA Modernization and Reform Act of ‘‘(E) the length of time required to process
former employee or Department of Energy
2012 (Public Law 112–95; 49 U.S.C. 44802 note). each claim, as measured from the date on
--- contractor employee, provide the employee
which the claim is filed to the final disposi-
SA 4187. Mrs. MURRAY (for herself with a complete copy of all records or other
tion of the claim.
and Mr. MANCHIN) submitted an amend- materials held by the Department of Labor
‘‘(f) FUNDING.—There is authorized and
relating to the employee’s claim under sub-
ment intended to be proposed by her to hereby appropriated to the Secretary of En-
title B or E.
the bill H.R. 4350, to authorize appro- ergy, for fiscal year 2022 and each succeeding
‘‘(2) CHOICE OF FORMAT.—The Secretary of
priations for fiscal year 2022 for mili- year, such sums as may be necessary to sup-
Labor shall provide the copy of records de-
tary activities of the Department of port the Secretary of Labor in creating or
scribed in paragraph (1) to an employee in
updating the site exposure matrices.’’.
Defense, for military construction, and electronic or paper form, as selected by the
SEC. 3163. ASSISTING CURRENT AND FORMER
for defense activities of the Depart- employee.
EMPLOYEES UNDER THE EEOICPA.
ment of Energy, to prescribe military ‘‘(e) CONTACT OF EMPLOYEES BY INDUSTRIAL
(a) PROVIDING INFORMATION AND OUT- HYGIENISTS.—The Secretary of Labor shall
personnel strengths for such fiscal REACH.—Subtitle A of the Energy Employees allow industrial hygienists to contact and
year, and for other purposes; which was Occupational Illness Compensation Program interview current or former employees or
ordered to lie on the table; as follows: Act of 2000 (42 U.S.C. 7384d et seq.) is amend- Department of Energy contractor employees
At the end of title XXXI, add the fol- ed— regarding the employee’s claim under sub-
lowing: (1) by redesignating section 3614 as section title B or E.’’.
Subtitle F—Toxic Exposure Safety 3616; and (b) EXTENDING APPEAL PERIOD.—Section
(2) by inserting after section 3613 the fol- 3677(a) of the Energy Employees Occupa-
SEC. 3161. SHORT TITLE.
lowing: tional Illness Compensation Program Act of
This subtitle may be cited as the ‘‘Toxic 2000 (42 U.S.C. 7385s–6(a)) is amended by
‘‘SEC. 3614. INFORMATION AND OUTREACH.
Exposure Safety Act of 2021’’. striking ‘‘60 days’’ and inserting ‘‘180 days’’.
SEC. 3162. PROVIDING INFORMATION REGARD-
‘‘(a) ESTABLISHMENT OF TOLL-FREE INFOR-
MATION PHONE NUMBER.—By not later than
(c) FUNDING.—Section 3684 of the Energy
ING DEPARTMENT OF ENERGY FA- Employees Occupational Illness Compensa-
CILITIES. January 1, 2022, the Secretary of Labor shall
establish a toll-free phone number that cur- tion Program Act of 2000 (42 U.S.C. 7385s–13)
Subtitle E of the Energy Employees Occu- is amended—
pational Illness Compensation Program Act rent or former employees of the Department
(1) by striking ‘‘There is authorized’’ and
of 2000 (42 U.S.C. 7385s et seq.) is amended by of Energy, or current or former Department
inserting the following:
inserting after section 3681 the following: of Energy contractor employees, may use in
‘‘(a) IN GENERAL.—There is authorized’’;
‘‘SEC. 3681A. COMPLETION AND UPDATES OF SITE order to receive information regarding—
(2) by inserting before the period at the end
EXPOSURE MATRICES. ‘‘(1) the compensation program under sub-
the following: ‘‘, including the amounts nec-
‘‘(a) DEFINITION.—In this section, the term title B or E;
essary to carry out the requirements of sec-
‘site exposure matrices’ means an exposure ‘‘(2) information regarding the process of
tion 3681A’’; and
assessment of a Department of Energy facil- submitting a claim under either compensa-
(3) by adding at the end the following:
ity that identifies the toxic substances or tion program; ‘‘(b) ADMINISTRATIVE COSTS FOR DEPART-
processes that were used in each building or ‘‘(3) assistance in completing the occupa- MENT OF ENERGY.—There is authorized and
process of the facility, including the trade tional health questionnaire required as part hereby appropriated to the Secretary of En-
name (if any) of the substance. of a claim under subtitle B or E; ergy for fiscal year 2022 and each succeeding
‘‘(b) IN GENERAL.—Not later than 180 days ‘‘(4) the next steps to take if a claim under year such sums as may be necessary to sup-
after the date of enactment of the Toxic Ex- subtitle B or E is accepted or denied; and port the Secretary in carrying out the re-
posure Safety Act of 2021, the Secretary of ‘‘(5) such other information as the Sec- quirements of this title, including section
Labor shall, in coordination with the Sec- retary determines necessary to further the 3681A.’’.
retary of Energy, create or update site expo- purposes of this title. (d) ADVISORY BOARD ON TOXIC SUBSTANCES
sure matrices for each Department of Energy ‘‘(b) ESTABLISHMENT OF RESOURCE AND AD- AND WORKER HEALTH.—Section 3687 of the
facility based on the records, files, and other VOCACY CENTERS.— Energy Employees Occupational Illness
ctelli on DSK11ZRN23PROD with SENATE
data provided by the Secretary of Energy ‘‘(1) IN GENERAL.—By not later than Janu- Compensation Program Act of 2000 (42 U.S.C.
and such other information as is available, ary 1, 2024, the Secretary of Energy, in co- 7385s–16) is amended—
including information available from the ordination with the Secretary of Labor, shall (1) in subsection (b)—
former worker medical screening programs establish a resource and advocacy center at (A) in paragraph (1)(F), by striking ‘‘and’’
of the Department of Energy. each Department of Energy facility where after the semicolon;
‘‘(c) PERIODIC UPDATE.—Beginning 90 days cleanup operations are being carried out, or (B) in paragraph (2), by striking the period
after the initial creation or update described have been carried out, under the environ- at the end and inserting a semicolon; and
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S7652 CONGRESSIONAL RECORD — SENATE November 2, 2021
(C) by adding at the end the following: (2) includes recommendations for any addi- ‘‘(d) REVIEW OF SCIENTIFIC AND MEDICAL
‘‘(3) develop recommendations for the Sec- tional studies; EVIDENCE.—
retary of Health and Human Services regard- (3) describes any classes of employees that, ‘‘(1) IN GENERAL.—Under the agreement de-
ing whether there is a class of Department of based on the results of the report, could war- scribed in subsection (c), the National Acad-
Energy employees, Department of Energy rant the establishment of a Special Exposure emy of Sciences shall, for the period of the
contractor employees, or other employees at Cohort under the Energy Employees Occupa- agreement—
any Department of Energy facility who were tional Illness Compensation Program Act of ‘‘(A) for each area recommended for addi-
at least as likely as not exposed to toxic sub- 2000 (42 U.S.C. 7384 et seq.) for toxic sub- tional study under the health studies report
stances at that facility but for whom it is stances exposures; and under section 3164(f)(2) of the Toxic Exposure
not feasible to estimate with sufficient accu- (4) describes any illnesses to be included as Safety Act of 2021, review and summarize the
racy the dose they received; and covered illnesses under such Act (42 U.S.C. scientific evidence relating to the area, in-
‘‘(4) review all existing, as of the date of 7384 et seq.). cluding—
the review, rules and guidelines issued by the (g) REPORT TO CONGRESS.— ‘‘(i) studies by the Department of Energy
Secretary regarding presumption of causa- (1) IN GENERAL.—Not later than 120 days and Department of Labor; and
tion and provide the Secretary with rec- after the date on which the reports under ‘‘(ii) any other available and relevant sci-
ommendations for new rules and guidelines subsection (f) are due, the Secretary shall— entific studies, to the extent that such stud-
regarding presumption of causation.’’; (A) identify a list of cancers and other ill- ies are relevant to the occupational expo-
(2) in subsection (c)(3), by inserting ‘‘or the nesses associated with toxic substances that sures that have occurred at Department of
Board’’ after ‘‘The Secretary’’; pose, or posed, a hazard in the work environ- Energy cleanup sites; and
(3) by redesignating subsections (h) and (i) ment at any Department of Energy facility; ‘‘(B) review and summarize the scientific
as subsections (i) and (j), respectively; and and and medical evidence concerning the associa-
(4) by inserting after subsection (g) the fol- (B) prepare and submit to the relevant tion between exposure to toxic substances
lowing: committees of Congress a report— found at Department of Energy cleanup sites
‘‘(h) REQUIRED RESPONSES TO BOARD REC- (i) summarizing the findings from the re- and resultant diseases.
OMMENDATIONS.—Not later than 90 days after ports required under subsection (f); ‘‘(2) SCIENTIFIC DETERMINATIONS CON-
the date on which the Secretary of Labor (ii) identifying any new illnesses that, as a CERNING DISEASES.—In conducting each re-
and the Secretary of Health and Human result of the study, will be included as cov- view of scientific evidence under subpara-
Services receives recommendations in ac- ered illnesses, pursuant to subsection (f)(4) graphs (A) and (B) of paragraph (1), the Na-
cordance with paragraph (1), (3), or (4) of sub- and section 3671(2) of the Energy Employees tional Academy of Sciences shall—
section (b), such Secretary shall submit for- Occupational Illness Compensation Program ‘‘(A) assess the strength of such evidence;
mal responses to each recommendation to Act of 2000 (42 U.S.C. 7385s(2)); and ‘‘(B) assess whether a statistical associa-
the Board and Congress.’’. (iii) including the Secretary’s rec- tion between exposure to a toxic substance
SEC. 3164. RESEARCH PROGRAM ON EPIDEMIO- ommendations for additional health studies and a disease exists, taking into account the
LOGICAL IMPACTS OF TOXIC EXPO- relating to toxic substances, if the Secretary strength of the scientific evidence and the
SURES. determines it necessary. appropriateness of the statistical and epide-
(a) DEFINITIONS.—In this section— (2) RELEVANT COMMITTEES OF CONGRESS DE- miological methods used to detect an asso-
(1) the term ‘‘Department of Energy facil- FINED.—In this subsection, the term ‘‘rel- ciation;
ity’’ has the meaning given the term in sec- evant committees of Congress’’ means— ‘‘(C) assess the increased risk of disease
tion 3621 of the Energy Employees Occupa- (A) the Committee on Armed Services, among those exposed to the toxic substance
tional Illness Compensation Program Act of Committee on Appropriations, Committee on during service during the production and
2000 (42 U.S.C. 7384l); Energy and Natural Resources, and Com- cleanup eras of the Department of Energy
(2) the term ‘‘institution of higher edu- mittee on Health, Education, Labor, and cleanup sites;
cation’’ has the meaning given such term in Pensions of the Senate; and ‘‘(D) survey the impact to health of the
section 101 of the Higher Education Act of (B) the Committee on Armed Services, toxic substance, focusing on hematologic,
1965 (20 U.S.C. 1001); and Committee on Appropriations, Committee on renal, urologic, hepatic, gastrointestinal,
(3) the term ‘‘Secretary’’ means the Sec- Energy and Commerce, and Committee on neurologic, dermatologic, respiratory, endo-
retary of Health and Human Services. Education and Labor of the House of Rep- crine, ocular, ear, nasal, and oropharyngeal
(b) ESTABLISHMENT.—The Secretary, acting resentatives. diseases, including dementia, leukemia,
through the Director of the National Insti- (h) AUTHORIZATION OF APPROPRIATIONS.— chemical sensitivities, and chronic obstruc-
tute of Environmental Health Sciences and There are authorized to be appropriated to tive pulmonary disease; and
in collaboration with the Director of the carry out this section $3,000,000 for each of ‘‘(E) determine whether a plausible biologi-
Centers for Disease Control and Prevention, fiscal years 2022 through 2026. cal mechanism or other evidence of a causal
shall conduct or support research on the epi- relationship exists between exposure to the
SEC. 3165. NATIONAL ACADEMY OF SCIENCES RE-
demiological impacts of exposures to toxic VIEW. toxic substance and disease.
substances at Department of Energy facili- ‘‘(e) ADDITIONAL SCIENTIFIC STUDIES.—If
Subtitle A of the Energy Employees Occu-
ties. the National Academy of Sciences deter-
(c) USE OF FUNDS.—Research under sub- pational Illness Compensation Program Act
mines, in the course of conducting the stud-
section (b) may include research on the epi- of 2000 (42 U.S.C. 7384d et seq.), as amended ies under subsection (d), that additional
demiological, clinical, or health impacts on by section 3163, is further amended by insert- studies are needed to resolve areas of con-
individuals who were exposed to toxic sub- ing after section 3614 the following: tinuing scientific uncertainty relating to
stances in or near the tank or other storage ‘‘SEC. 3615. NATIONAL ACADEMY OF SCIENCES toxic exposure at Department of Energy
REVIEW. cleanup sites, the National Academy of
farms and other relevant Department of En-
ergy facilities through their work at such ‘‘(a) PURPOSE.—The purpose of this section Sciences shall include, in the next report
sites. is to enable the National Academy of submitted under subsection (f), recommenda-
(d) ELIGIBILITY AND APPLICATION.—Any in- Sciences, a non-Federal entity with appro- tions for areas of additional study, con-
stitution of higher education or the National priate expertise, to review and evaluate the sisting of—
Academy of Sciences may apply for funding available scientific evidence regarding asso- ‘‘(1) a list of diseases and toxins that re-
under this section by submitting to the Sec- ciations between diseases and exposure to quire further evaluation and study;
retary an application at such time, in such toxic substances found at Department of En- ‘‘(2) a review the current information
manner, and containing or accompanied by ergy cleanup sites. available, as of the date of the report, relat-
such information as the Secretary may re- ‘‘(b) DEFINITIONS.—In this section: ing to such diseases and toxins;
quire. ‘‘(1) DEPARTMENT OF ENERGY CLEANUP ‘‘(3) the value of the information that
(e) RESEARCH COORDINATION.—The Sec- SITE.—The term ‘Department of Energy would result from the additional studies; and
retary shall coordinate activities under this cleanup site’ means a Department of Energy ‘‘(4) the cost and feasibility of carrying out
section with similar activities conducted by facility where cleanup operations are being additional studies.
the Department of Health and Human Serv- carried out, or have been carried out, under ‘‘(f) REPORTS.—
ices to the extent that other agencies have the environmental management program of ‘‘(1) IN GENERAL.—By not later than 18
responsibilities that are related to the study the Department of Energy. months after the date of the agreement
of epidemiological, clinical, or health im- ‘‘(2) HEALTH STUDIES REPORT.—The term under subsection (c), and every 2 years there-
pacts of exposures to toxic substances. ‘health studies report’ means the report sub- after, the National Academy of Sciences
(f) HEALTH STUDIES REPORT TO SEC- mitted under section 3164(f) of the Toxic Ex- shall prepare and submit a report to—
ctelli on DSK11ZRN23PROD with SENATE
RETARY.—Not later than 1 year after the end posure Safety Act of 2021. ‘‘(A) the Secretary;
of the funding period for research under this ‘‘(c) AGREEMENT.—Not later than 60 days ‘‘(B) the Committee on Health, Education,
section, the funding recipient shall prepare after the issuance of the health studies re- Labor, and Pensions and the Committee on
and submit to the Secretary a final report port, the Secretary of Health and Human Energy and Natural Resources of the Senate;
that— Services shall enter into an agreement with and
(1) summarizes the findings of the re- the National Academy of Sciences to carry ‘‘(C) the Committee on Natural Resources,
search; out the requirements of this section. the Committee on Education and Labor, and
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7653
the Committee on Energy and Commerce of ‘‘(1) IN GENERAL.—The Secretary, in coordi- ‘‘(c) ASSISTANCE AND TRAINING.—The Sec-
the House of Representatives. nation with the Secretary of Education, the retary may produce and publish materials on
‘‘(2) CONTENTS.—Each report submitted Attorney General, and the Secretary of the Clearinghouse to assist and train edu-
under paragraph (1) shall include, for the 18- Health and Human Services, shall establish a cational agencies and law enforcement agen-
month or 2-year period covered by the re- Federal Clearinghouse on School Safety Best cies on the implementation of the best prac-
port— Practices (in this section referred to as the tices and recommendations.
‘‘(A) a description of— ‘Clearinghouse’) within the Department. ‘‘(d) CONTINUOUS IMPROVEMENT.—The Sec-
‘‘(i) the reviews and studies conducted ‘‘(2) PURPOSE.—The Clearinghouse shall be retary shall—
under this section; the primary resource of the Federal Govern- ‘‘(1) collect for the purpose of continuous
‘‘(ii) the determinations and conclusions of ment to identify and publish online through improvement of the Clearinghouse—
the National Academy of Sciences with re- SchoolSafety.gov, or any successor website, ‘‘(A) Clearinghouse data analytics;
spect to such reviews and studies; and the best practices and recommendations for ‘‘(B) user feedback on the implementation
‘‘(iii) the scientific evidence and reasoning school safety for use by State and local edu- of resources, best practices, and rec-
that led to such conclusions; cational agencies, institutions of higher edu- ommendations identified by the Clearing-
‘‘(B) the recommendations for further cation, State and local law enforcement house; and
areas of study made under subsection (e) for agencies, health professionals, and the gen- ‘‘(C) any evaluations conducted on imple-
the reporting period; eral public. mentation of the best practices and rec-
‘‘(C) a description of any classes of employ- ‘‘(3) PERSONNEL.— ommendations of the Clearinghouse; and
ees that, based on the results of the reviews ‘‘(A) ASSIGNMENTS.—The Clearinghouse ‘‘(2) in coordination with the Secretary of
and studies, could qualify as a Special Expo- shall be assigned such personnel and re- Education, the Secretary of Health and
sure Cohort; and sources as the Secretary considers appro- Human Services, and the Attorney General—
‘‘(D) the identification of any illness that priate to carry out this section. ‘‘(A) regularly assess and identify Clearing-
the National Academy of Sciences has deter- ‘‘(B) DETAILEES.—The Secretary of Edu- house best practices and recommendations
mined, as a result of the reviews and studies, cation, the Attorney General, and the Sec- for which there are no resources available
should be a covered illness. retary of Health and Human Services may through Federal Government programs for
‘‘(g) LIMITATION ON AUTHORITY.—The au- detail personnel to the Clearinghouse. implementation; and
thority to enter into agreements under this ‘‘(4) EXEMPTIONS.— ‘‘(B) establish an external advisory board,
section shall be effective for a fiscal year to ‘‘(A) PAPERWORK REDUCTION ACT.—Chapter which shall be comprised of appropriate
the extent that appropriations are available. 35 of title 44, United States Code (commonly State, local, Tribal, private sector, and non-
‘‘(h) SUNSET.—This section shall cease to known as the ‘Paperwork Reduction Act’) governmental organizations, including orga-
be effective 10 years after the last day of the shall not apply to any rulemaking or infor- nizations representing parents of elementary
fiscal year in which the National Academy of mation collection required under this sec- and secondary school students, to—
Sciences transmits to the Secretary the first tion. ‘‘(i) provide feedback on the implementa-
report under subsection (f).’’. ‘‘(B) FEDERAL ADVISORY COMMITTEE ACT.— tion of best practices and recommendations
SEC. 3166. CONFORMING AMENDMENTS.
The Federal Advisory Committee Act (5 of the Clearinghouse; and
U.S.C. App.) shall not apply for the purposes
The Energy Employees Occupational Ill- ‘‘(ii) propose additional recommendations
of carrying out this section.
ness Compensation Program Act of 2000 (42 for best practices for inclusion in the Clear-
‘‘(b) CLEARINGHOUSE CONTENTS.—
U.S.C. 7384 et seq.) is amended— ‘‘(1) CONSULTATION.—In identifying the best inghouse.
(1) in the table of contents— practices and recommendations for the ‘‘(e) PARENTAL ASSISTANCE.—The Clearing-
(A) by redesignating the item relating to Clearinghouse, the Secretary may consult house shall produce materials to assist par-
section 3614 as the item relating to section with appropriate Federal, State, local, Trib- ents and legal guardians of students with
3616; al, private sector, and nongovernmental or- identifying relevant Clearinghouse resources
(B) by inserting after the item relating to ganizations. related to supporting the implementation of
section 3613 the following: ‘‘(2) CRITERIA FOR BEST PRACTICES AND REC- Clearinghouse best practices and rec-
‘‘Sec. 3614. Information and outreach. OMMENDATIONS.—The best practices and rec- ommendations.’’.
‘‘Sec. 3615. National Academy of Sciences ommendations of the Clearinghouse shall, at (2) TECHNICAL AMENDMENTS.—The table of
review.’’; a minimum— contents in section 1(b) of the Homeland Se-
and ‘‘(A) involve comprehensive school safety curity Act of 2002 (Public Law 107–296; 116
(C) by inserting after the item relating to measures, including threat prevention, pre- Stat. 2135) is amended by inserting after the
section 3681 the following: paredness, protection, mitigation, incident item relating to section 2215 the following:
‘‘Sec. 3681A. Completion and updates of site response, and recovery to improve the safety ‘‘Sec. 2216. Federal Clearinghouse on School
exposure matrices.’’; posture of a school upon implementation; Safety Best Practices.’’.
and ‘‘(B) include any evidence or research ra- (c) NOTIFICATION OF CLEARINGHOUSE.—
(2) in each of subsections (b)(1) and (c) of tionale supporting the determination of the (1) NOTIFICATION BY THE SECRETARY OF EDU-
section 3612, by striking ‘‘3614(b)’’ and insert- Clearinghouse that the best practice or rec- CATION.—The Secretary of Education shall
ing ‘‘3616(b)’’. ommendation under subparagraph (A) has provide written notification of the publica-
--- been shown to have a significant effect on tion of the Federal Clearinghouse on School
SA 4188. Mr. JOHNSON submitted an improving the health, safety, and welfare of Safety Best Practices (referred to in this sec-
amendment intended to be proposed to persons in school settings, including— tion as the ‘‘Clearinghouse’’), as required to
amendment SA 3867 submitted by Mr. ‘‘(i) relevant research that is evidence- be established under section 2216 of the
based, as defined in section 8101 of the Ele- Homeland Security Act of 2002, as added by
REED and intended to be proposed to
mentary and Secondary Education Act of subsection (b) of this section, to—
the bill H.R. 4350, to authorize appro- 1965 (20 U.S.C. 7801), supporting the best prac- (A) every State and local educational agen-
priations for fiscal year 2022 for mili- tice or recommendation; cy; and
tary activities of the Department of ‘‘(ii) findings and data from previous Fed- (B) other Department of Education part-
Defense, for military construction, and eral or State commissions recommending ners in the implementation of the best prac-
for defense activities of the Depart- improvements to the safety posture of a tices and recommendations of the Clearing-
ment of Energy, to prescribe military school; or house, as determined appropriate by the Sec-
personnel strengths for such fiscal ‘‘(iii) other supportive evidence or findings retary of Education.
relied upon by the Clearinghouse in deter- (2) NOTIFICATION BY THE SECRETARY OF
year, and for other purposes; which was
mining best practices and recommendations HOMELAND SECURITY.—The Secretary of
ordered to lie on the table; as follows: to improve the safety posture of a school Homeland Security shall provide written no-
At the appropriate place in title X, insert upon implementation; and tification of the publication of the Clearing-
the following: ‘‘(C) include information on Federal grant house, as required to be established under
SEC. lll SCHOOL SAFETY. programs for which implementation of each section 2216 of the Homeland Security Act of
(a) SHORT TITLE.—This section may be best practice or recommendation is an eligi- 2002, as added by subsection (b) of this sec-
cited as the ‘‘Luke and Alex School Safety ble use for the program. tion, to—
Act of 2021’’. ‘‘(3) PAST COMMISSION RECOMMENDATIONS.— (A) every State homeland security advisor;
(b) FEDERAL CLEARINGHOUSE ON SCHOOL To the greatest extent practicable, the (B) every State department of homeland
SAFETY BEST PRACTICES.— Clearinghouse shall present, as appropriate, security; and
ctelli on DSK11ZRN23PROD with SENATE
(1) IN GENERAL.—Subtitle A of title XXII of Federal, State, local, Tribal, private sector, (C) other Department of Homeland Secu-
the Homeland Security Act of 2002 (6 U.S.C. and nongovernmental organization issued rity partners in the implementation of the
651 et seq.) is amended by inserting after sec- best practices and recommendations and best practices and recommendations of the
tion 2215 the following: identify any best practice or recommenda- Clearinghouse, as determined appropriate by
‘‘SEC. 2216.FEDERAL CLEARINGHOUSE ON tion of the Clearinghouse that was pre- the Secretary of Homeland Security.
SCHOOL SAFETY BEST PRACTICES. viously issued by any such organization or (3) NOTIFICATION BY THE SECRETARY OF
‘‘(a) ESTABLISHMENT.— commission. HEALTH AND HUMAN SERVICES.—The Secretary
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S7654 CONGRESSIONAL RECORD — SENATE November 2, 2021
of Health and Human Services shall provide amendment intended to be proposed to ‘‘(D) violating or about to violate section
written notification of the publication of the amendment SA 3867 submitted by Mr. 1030(a)(5) of this title where such conduct has
Clearinghouse, as required to be established REED and intended to be proposed to caused or would cause damage (as defined in
under section 2216 of the Homeland Security section 1030) without authorization to 100 or
the bill H.R. 4350, to authorize appro-
Act of 2002, as added by subsection (b) of this more protected computers (as defined in sec-
section, to— priations for fiscal year 2022 for mili- tion 1030) during any 1-year period, including
(A) every State department of public tary activities of the Department of by—
health; and Defense, for military construction, and ‘‘(i) impairing the availability or integrity
(B) other Department of Health and for defense activities of the Depart- of the protected computers without author-
Human Services partners in the implementa- ment of Energy, to prescribe military ization; or
tion of the best practices and recommenda- personnel strengths for such fiscal ‘‘(ii) installing or maintaining control over
tions of the Clearinghouse, as determined ap- year, and for other purposes; which was malicious software on the protected com-
propriate by the Secretary of Health and ordered to lie on the table; as follows: puters that, without authorization, has
Human Services. caused or would cause damage to the pro-
At the appropriate place, insert the fol-
(4) NOTIFICATION BY THE ATTORNEY GEN- tected computers;’’; and
lowing:
ERAL.—The Attorney General shall provide (ii) in paragraph (2), in the matter pre-
SEC. lll. PREVENTING INTERNATIONAL
written notification of the publication of the ceding subparagraph (A), by inserting ‘‘, a
CYBERCRIME.
Clearinghouse, as required to be established violation described in subsection (a)(1)(D),’’
(a) PREDICATE OFFENSES.—Part I of title 18,
under section 2216 of the Homeland Security before ‘‘or a Federal’’; and
United States Code, is amended—
Act of 2002, as added by subsection (b) of this (C) by adding at the end the following:
(1) in section 1956(c)(7)(D)—
section, to— ‘‘(c) A restraining order, prohibition, or
(A) by striking ‘‘or section 2339D’’ and in-
(A) every State department of justice; and other action by a court described in sub-
serting ‘‘section 2339D’’; and
(B) other Department of Justice partners section (b), if issued in circumstances de-
(B) by striking ‘‘of this title, section 46502’’
in the implementation of the best practices scribed in subsection (a)(1)(D), may, upon ap-
and inserting ‘‘, or section 2512 (relating to
and recommendations of the Clearinghouse, plication of the Attorney General—
the manufacture, distribution, possession,
as determined appropriate by the Attorney ‘‘(1) specify that no cause of action shall
General. and advertising of wire, oral, or electronic
communication intercepting devices) of this lie in any court against a person for com-
(d) GRANT PROGRAM REVIEW.— plying with the restraining order, prohibi-
(1) FEDERAL GRANTS AND RESOURCES.—The title, section 46502’’; and
(2) in section 1961(1), by inserting ‘‘section tion, or other action by a court; and
Secretary of Education, the Secretary of ‘‘(2) provide that the United States shall
Homeland Security, the Secretary of Health 1030 (relating to fraud and related activity in
connection with computers) if the act indict- pay to such person a fee for reimbursement
and Human Services, and the Attorney Gen- for such costs as are reasonably necessary
eral shall each— able under section 1030 is felonious,’’ before
‘‘section 1084’’. and which have been directly incurred in
(A) review grant programs administered by
(b) FORFEITURE.— complying with the restraining order, prohi-
their respective agency and identify any
(1) IN GENERAL.—Section 2513 of title 18, bition, or other action by a court.’’.
grant program that may be used to imple-
United States Code, is amended to read as (2) TECHNICAL AND CONFORMING AMEND-
ment best practices and recommendations of
follows: MENT.—The table of sections for chapter 63 of
the Clearinghouse;
‘‘§ 2513. Confiscation of wire, oral, or elec- title 18, United States Code, is amended by
(B) identify any best practices and rec-
tronic communication intercepting devices striking the item relating to section 1345 and
ommendations of the Clearinghouse for
and other property inserting the following:
which there is not a Federal grant program
that may be used for the purposes of imple- ‘‘(a) IN GENERAL.—The court, in imposing a ‘‘1345. Injunctions against fraud and abuse.’’.
menting the best practice or recommenda- sentence on any person convicted of a viola- (d) AGGRAVATED DAMAGE TO COMPUTERS
tion as applicable to the agency; and tion of section 2511 or 2512, or convicted of USED TO OPERATE OR ACCESS CRITICAL SYS-
(C) periodically report any findings under conspiracy to violate section 2511 or 2512, TEMS AND ASSETS.—
subparagraph (B) to the appropriate commit- shall order, in addition to any other sentence (1) IN GENERAL.—Chapter 47 of title 18,
tees of Congress. imposed and irrespective of any provision of United States Code, is amended by inserting
(2) STATE GRANTS AND RESOURCES.—The State law, that such person forfeit to the after section 1030 the following:
Clearinghouse shall, to the extent prac- United States— ‘‘§ 1030A. Aggravated damage to computers
ticable, identify, for each State— ‘‘(1) such person’s interest in any property, used to operate or access critical systems
(A) each agency responsible for school safe- real or personal, that was used or intended to and assets
ty in the State, or any State that does not be used to commit or to facilitate the com- ‘‘(a) OFFENSE.—It shall be unlawful, during
have such an agency designated; mission of a violation of section 2511 or 2512; and in relation to a felony violation of sec-
(B) any grant program that may be used and tion 1030, to knowingly cause or attempt to
for the purposes of implementing best prac- ‘‘(2) any property, real or personal, consti- cause damage to a computer used to operate
tices and recommendations of the Clearing- tuting or derived from any gross proceeds, or or access critical systems and assets, if such
house; and any property traceable to such property, damage results in (or, in the case of an at-
(C) any resources other than grant pro- that such person obtained or retained di- tempted offense, would, if completed, have
grams that may be used to assist in imple- rectly or indirectly as a result of a violation resulted in) the substantial impairment—
mentation of best practices and rec- of section 2511 or 2512. ‘‘(1) of the operation of the computer; or
ommendations of the Clearinghouse. ‘‘(b) FORFEITURE PROCEDURES.—Pursuant ‘‘(2) of the critical systems and assets asso-
(e) RULES OF CONSTRUCTION.— to section 2461(c) of title 28, the procedures ciated with such computer.
(1) WAIVER OF REQUIREMENTS.—Nothing in of section 413 of the Controlled Substances ‘‘(b) PENALTY.—Any person who violates
this section or the amendments made by this Act (21 U.S.C. 853), other than subsection (d) subsection (a) shall, in addition to the term
section shall be construed to create, satisfy, thereof, shall apply to criminal forfeitures of punishment provided for the felony viola-
or waive any requirement under— under this section.’’. tion of section 1030, be fined under this title,
(A) title II of the Americans With Disabil- (2) TECHNICAL AND CONFORMING AMEND- imprisoned for not more than 20 years, or
ities Act of 1990 (42 U.S.C. 12131 et seq.); MENT.—The table of sections for chapter 119 both.
(B) the Rehabilitation Act of 1973 (29 U.S.C. of title 18, United States Code, is amended by ‘‘(c) PROHIBITION ON PROBATION.—Notwith-
701 et seq.); striking the item relating to section 2513 and standing any other provision of law, a court
(C) title VI of the Civil Rights Act of 1964 inserting the following: shall not place any person convicted of a vio-
(42 U.S.C. 2000d et seq.); ‘‘2513. Confiscation of wire, oral, or elec- lation of this section on probation.
(D) title IX of the Education Amendments tronic communication inter- ‘‘(d) DEFINITIONS.—In this section—
of 1972 (20 U.S.C. 1681 et seq.); or cepting devices and other prop- ‘‘(1) the terms ‘computer’ and ‘damage’
(E) the Age Discrimination Act of 1975 (42 erty.’’. have the meanings given the terms in sec-
U.S.C. 6101 et seq.). (c) SHUTTING DOWN BOTNETS.— tion 1030; and
(2) PROHIBITION ON FEDERALLY DEVELOPED, (1) AMENDMENT.—Section 1345 of title 18, ‘‘(2) the term ‘critical systems and assets’
MANDATED, OR ENDORSED CURRICULUM.—Noth- United States Code, is amended— means systems and assets, whether physical
ing in this section or the amendments made (A) in the heading, by inserting ‘‘and or virtual, so vital to the United States that
by this section shall be construed to author- abuse’’ after ‘‘fraud’’; the incapacity or destruction of such sys-
ize any officer or employee of the Federal (B) in subsection (a)— tems and assets would have catastrophic re-
ctelli on DSK11ZRN23PROD with SENATE
Government to engage in an activity other- (i) in paragraph (1)— gional or national effects on public health or
wise prohibited under section 103(b) of the (I) in subparagraph (B), by striking ‘‘or’’ at safety, economic security, or national secu-
Department of Education Organization Act the end; rity, including voter registration databases,
(20 U.S.C. 3403(b)). (II) in subparagraph (C), by inserting ‘‘or’’ voting machines, and other communications
--- after the semicolon; and systems that manage the election process or
SA 4189. Mr. WHITEHOUSE (for him- (III) by inserting after subparagraph (C) report and display results on behalf of State
self and Mr. GRAHAM) submitted an the following: and local governments.’’.
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November 2, 2021 CONGRESSIONAL RECORD — SENATE S7655
(2) TABLE OF SECTIONS.—The table of sec- for defense activities of the Depart- ‘‘(A) A financial institution, insurance
tions for chapter 47 of title 18, United States ment of Energy, to prescribe military company, or broker-dealer that is licensed
Code, is amended by inserting after the item personnel strengths for such fiscal and regulated by the United States or a
relating to section 1030 the following: State.
year, and for other purposes; which was ‘‘(B) A money service business that is—
‘‘1030A. Aggravated damage to computers
used to operate or access crit-
ordered to lie on the table; as follows: ‘‘(i) registered with the Financial Crimes
ical systems and assets.’’. At the end of subtitle G of title XII, add Enforcement Network (FinCEN) of the De-
(e) STOPPING DEALING IN BOTNETS; FOR- the following: partment of the Treasury; and
FEITURE.—Section 1030 of title 18, United SEC. 1283. NOTIFICATION OF ABANDONED ‘‘(ii) licensed and regulated by the United
States Code, is amended— UNITED STATES MILITARY EQUIP- States or a State.
MENT USED IN TERRORIST AT- ‘‘(C) The host-nation agent of a money
(1) in subsection (a)—
TACKS.
(A) in paragraph (7), by adding ‘‘or’’ at the service business described in subparagraph
(a) IN GENERAL.—Not later than 30 days (B).’’.
end; and
after any element of the intelligence com-
(B) by inserting after paragraph (7) the fol-
munity (as defined in section 3 of the Na- SA 4192. Mr. THUNE submitted an
lowing:
tional Security Act of 1947 (50 U.S.C. 3003) de- amendment intended to be proposed to
‘‘(8) intentionally deals in the means of ac-
termines that United States military equip-
cess to a protected computer, if— amendment SA 3867 submitted by Mr.
‘‘(A) the dealer knows or has reason to ment abandoned or otherwise left unsecured
in Afghanistan, Iraq, or Syria has been used
REED and intended to be proposed to
know the protected computer has been dam- the bill H.R. 4350, to authorize appro-
aged in a manner prohibited by this section; in a terrorist attack against the United
States, allies or partners of the United priations for fiscal year 2022 for mili-
and
States, or local populations, the Director of tary activities of the Department of
‘‘(B) the promise or agreement to pay for
the means of access is made by, or on behalf National Intelligence shall submit to the ap- Defense, for military construction, and
of, a person the dealer knows or has reason propriate committees of Congress a written for defense activities of the Depart-
to know intends to use the means of access notification of such determination. ment of Energy, to prescribe military
(b) APPROPRIATE COMMITTEES OF CONGRESS personnel strengths for such fiscal
to—
DEFINED.—In this section, the term ‘‘appro-
‘‘(i) damage a protected computer in a year, and for other purposes; which was
priate committees of Congress’’ means—
manner prohibited by this section; or ordered to lie on the table; as follows:
(1) the Committee on Armed Services, the
‘‘(ii) violate section 1037 or 1343;’’; At the end of subtitle E of title III, add the
Select Committee on Intelligence, and the
(2) in subsection (c)(3)— following:
Subcommittee on Defense of the Committee
(A) in subparagraph (A), by striking ‘‘(a)(4) SEC. 376. TRANSFER OF EXCESS DEPARTMENT OF
on Appropriations of the Senate; and
or (a)(7)’’ and inserting ‘‘(a)(4), (a)(7), or DEFENSE REMOTELY PILOTED AIR-
(2) the Committee on Armed Services, the
(a)(8)’’; and CRAFT AND RELATED EQUIPMENT
Permanent Select Committee on Intel- TO DEPARTMENT OF HOMELAND SE-
(B) in subparagraph (B), by striking ‘‘(a)(4),
ligence, and the Subcommittee on Defense of CURITY FOR U.S. CUSTOMS AND
or (a)(7)’’ and inserting ‘‘(a)(4), (a)(7), or
the Committee on Appropriations of the BORDER PATROL PURPOSES AND
(a)(8)’’; DEPARTMENT OF AGRICULTURE
House of Representatives.
(3) in subsection (e)— FOR U.S. FOREST SERVICE PUR-
(A) in paragraph (13), by striking ‘‘and’’ at SA 4191. Mr. THUNE submitted an POSES.
the end; (a) OFFER OF FIRST REFUSAL OUTSIDE
(B) in paragraph (14), by striking the pe-
amendment intended to be proposed to
DOD.—
riod at the end and inserting ‘‘; and’’; and amendment SA 3867 submitted by Mr. (1) IN GENERAL.—Upon a determination
(C) by adding at the end the following: REED and intended to be proposed to that aircraft or equipment specified in sub-
‘‘(15) the term ‘deal’ means transfer, or the bill H.R. 4350, to authorize appro- section (c) is excess to the requirements of
otherwise dispose of, to another as consider- priations for fiscal year 2022 for mili- all components of the Department of De-
ation for the receipt of, or as consideration tary activities of the Department of fense, the Secretary of Defense shall offer to
for a promise or agreement to pay, anything Defense, for military construction, and the Secretary of Homeland Security to
of pecuniary value.’’; for defense activities of the Depart- transfer such aircraft or equipment to the
(4) in subsection (g), in the first sentence, Secretary of Homeland Security for use by
by inserting ‘‘, except for a violation of sub-
ment of Energy, to prescribe military U.S. Customs and Border Patrol.
section (a)(8),’’ after ‘‘of this section’’; and personnel strengths for such fiscal (2) TIMING OF OFFER.—Any offer under
(5) by striking subsection (i) and inserting year, and for other purposes; which was paragraph (1) for aircraft or equipment shall
the following: ordered to lie on the table; as follows: be made before such aircraft or equipment is
‘‘(i) CRIMINAL FORFEITURE.— At the end of title VI, add the following: otherwise disposed of outside the Depart-
‘‘(1) IN GENERAL.—The court, in imposing a SEC. 607. USE OF FINANCIAL SERVICES PRO- ment of Defense.
sentence on any person convicted of a viola- VIDERS IN PROVISION OF FINAN- (b) OFFER OF SECOND REFUSAL OUTSIDE
tion of this section, or convicted of con- CIAL LITERACY TRAINING FOR MEM- DOD.—
spiracy to violate this section, shall order, in BERS OF THE ARMED FORCES AT (1) IN GENERAL.—Upon a determination
addition to any other sentence imposed and MILITARY INSTALLATIONS OUTSIDE that aircraft or equipment offered to the
THE UNITED STATES. Secretary of Homeland Security under sub-
irrespective of any provision of State law,
that such person forfeit to the United Section 992 of title 10, United States Code, section (a) will not be accepted by the Sec-
States— is amended— retary of Homeland Security in accordance
‘‘(A) such person’s interest in any prop- (1) by redesignating subsections (d) and (e) with that subsection, the Secretary of De-
erty, real or personal, that was used or in- as subsections (e) and (f), respectively; and fense shall offer to the Secretary of Agri-
tended to be used to commit or to facilitate (2) by inserting after subsection (c) the fol- culture to transfer such aircraft or equip-
the commission of such violation; and lowing new subsection (d): ment to the Secretary of Agriculture for use
‘‘(d) TRAINING FOR MEMBERS STATIONED by the Forest Service for wildland fire man-
‘‘(B) any property, real or personal, consti-
OVERSEAS.— agement purposes.
tuting or derived from any gross proceeds, or
‘‘(1) IN GENERAL.—As part of the financial (2) TIMING OF OFFER.—Any offer under
any property traceable to such property,
literacy training provided under this section paragraph (1) for aircraft or equipment shall
that such person obtained, directly or indi-
to members of the armed forces stationed or be made before such aircraft or equipment is
rectly, as a result of such violation.
deployed at an installation outside the otherwise disposed of outside the Depart-
‘‘(2) APPLICABLE PROVISIONS.—The criminal
United States, the commander of such in- ment of Defense.
forfeiture of property under this subsection,
stallation may, in the commander’s discre- (c) AIRCRAFT AND EQUIPMENT.—The aircraft
including any seizure and disposition of the
tion, permit representatives of financial and equipment specified in this subsection is
property, and any related judicial pro-
services providers serving, or intending to the following:
ceeding, shall be governed by the procedures
serve, such members to participate in such (1) Retired MQ–1 Predator, MQ–9 Reaper,
of section 413 of the Controlled Substances
training, including in orientation briefings RQ–4 Global Hawk, or other remotely piloted
Act (21 U.S.C. 853), except subsection (d) of
regularly scheduled for members newly ar- aircraft that are excess to the requirements
that section.’’.
riving at such installation. of the military departments.
SA 4190. Mr. THUNE submitted an ‘‘(2) NO ENDORSEMENT.—In permitting rep- (2) Initial spare MQ–1 Predator, MQ–9
amendment intended to be proposed to resentatives to participate in training and Reaper, RQ–4 Global Hawk, or other re-
ctelli on DSK11ZRN23PROD with SENATE
orientation briefings pursuant to paragraph motely piloted aircraft that are excess to the
amendment SA 3867 submitted by Mr.
(1), a commander may not endorse any finan- requirements of the military departments.
REED and intended to be proposed to cial services provider or the services pro- (3) Ground support equipment of the mili-
the bill H.R. 4350, to authorize appro- vided by such provider. tary departments for MQ–1 Predator MQ–9
priations for fiscal year 2022 for mili- ‘‘(3) FINANCIAL SERVICES PROVIDER DE- Reaper, RQ–4 Global Hawk, or other re-
tary activities of the Department of FINED.—In this subsection, the term ‘finan- motely piloted aircraft that are excess to the
Defense, for military construction, and cial services provider’ means the following: requirements of the military departments.
VerDate Sep 11 2014 05:52 Nov 03, 2021 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.061 S02NOPT1
S7656 CONGRESSIONAL RECORD — SENATE November 2, 2021
(d) TRANSFER.— lation during times of high energy demand (B) cost savings or cost avoidance con-
(1) IN GENERAL.—If the Secretary of Home- and high energy prices, commonly known as cerning travel, accommodations, and other
land Security accepts an offer under sub- ‘‘peak shaving’’. costs related to current training activities of
section (a), or the Secretary of Agriculture (c) REQUEST FOR PROPOSALS FOR SEC- the Air Force Security Forces;
accepts an offer under subsection (b), the ONDARY ENERGY SOURCES.— (C) the benefits of the proposal to other re-
Secretary of the military department having (1) IN GENERAL.—Not later than one year quirements of the Department of Defense or
jurisdiction over the aircraft or equipment after the date of the enactment of this Act, another Federal agency;
concerned shall transfer such aircraft or the Assistant Secretary shall issue a request (D) the benefits of the proposal to each
equipment to the Secretary of Homeland Se- for proposals for the installation of, or grid State; and
curity or the Secretary of Agriculture, as ap- connection to, a secondary source of energy (E) the cost-sharing arrangement proposed
plicable. to power land-based nuclear missions of cov- by the State.
(2) COSTS.—The cost of any aircraft or ered Air Force installations in the event of a (c) AUTHORIZATION OF FUNDS.—
equipment transferred under paragraph (1), disruption of the primary electricity supply. (1) AUTHORIZATION OF LAND ACQUISITION.—
and the cost of transfer, shall be borne by (2) REQUIREMENTS.—The request for pro- There is authorized to be appropriated to the
the Secretary of Homeland Security or the posals under paragraph (1) shall specify the Secretary $10,000,000 to be used by the Sec-
Secretary of Agriculture, as applicable. following: retary for the purposes of land acquisition to
(e) DEMILITARIZATION.— (A) Secondary sources of energy described carry out this section.
(1) IN GENERAL.—Any aircraft or equipment in paragraph (1) may include sources of gen- (2) AUGMENTATION OF RIFLE TRAINING
transferred under this section shall be de- eration on a covered Air Force installation, RANGE.—There is authorized to be appro-
militarized before transfer. such as natural gas or liquid fuel generators, priated to the Secretary such funds as may
(2) COSTS.—The cost of demilitarization connections to an electric grid separate from be necessary to augment the rifle training
under paragraph (1) shall be borne by the De- the primary energy provider, and renewable range authorized under subsection (a) as nec-
partment of Defense. energy paired with storage separate from essary to support training requirements of
(f) USE OF TRANSFERRED AIRCRAFT AND storage provided pursuant to subsection (b). the Air Force Security Forces.
EQUIPMENT.— (B) The use of secondary sources of energy (3) SOLICITATION OF ADDITIONAL FUNDS.—
(1) DEPARTMENT OF HOMELAND SECURITY.— The Secretary may solicit additional funds
shall be prioritized to sustain the nuclear
Any aircraft or equipment transferred to the from another military department or Fed-
mission and to support other functions of the
Secretary of Homeland Security under sub- eral agency to defray acquisition and oper-
covered Air Force installation in the event
section (a) shall be used by the Commis- ational costs under this section.
of an electric power disruption.
sioner of U.S. Customs and Border Patrol for (d) SECRETARY DEFINED.—In this section,
(C) A secondary source of energy may be
border security, enforcement of the immi- the term ‘‘Secretary’’ means the Secretary
utilized to power commercial utility oper-
gration laws, and related purposes. of the Air Force.
ations as required by the energy provider in
(2) DEPARTMENT OF AGRICULTURE.—Any air-
times in which there is not an energy disrup-
craft or equipment transferred to the Sec- SA 4195. Mr. THUNE submitted an
tion affecting the nuclear mission of the cov-
retary of Agriculture under subsection (b) amendment intended to be proposed to
ered Air Force installation, if doing so does
shall be used by the Chief of the U.S. Forest amendment SA 3867 submitted by Mr.
not diminish the ability of the secondary
Service for wildland fire management and re- REED and intended to be proposed to
source to provide emergency power.
lated purposes. (d) DEFINITIONS.—In this section: the bill H.R. 4350, to authorize appro-
(1) COVERED AIR FORCE INSTALLATION.—The priations for fiscal year 2022 for mili-
SA 4193. Mr. THUNE submitted an
term ‘‘covered Air Force installation’’ means tary activities of the Department of
amendment intended to be proposed to an Air Force installation that hosts or is
amendment SA 3867 submitted by Mr. Defense, for military construction, and
planned to host an operational nuclear mis-
REED and intended to be proposed to sion that is a component of the land-based
for defense activities of the Depart-
the bill H.R. 4350, to authorize appro- leg of the nuclear triad, particularly nuclear- ment of Energy, to prescribe military
priations for fiscal year 2022 for mili- capable bombers. personnel strengths for such fiscal
tary activities of the Department of (2) EMERGENCY POWER.—The term ‘‘emer- year, and for other purposes; which was
Defense, for military construction, and gency power’’ means any electricity nec- ordered to lie on the table; as follows:
for defense activities of the Depart- essary to operate the nuclear mission of a At the end of title VI, add the following:
ment of Energy, to prescribe military covered Air Force installation the event of SEC. 607. FUEL CHOICE AT COMMISSARIES AND
disruption of the primary electricity supply. EXCHANGE STORES.
personnel strengths for such fiscal
Not later than one year after the date of
year, and for other purposes; which was SA 4194. Mr. THUNE submitted an the enactment of this Act, each commissary
ordered to lie on the table; as follows: amendment intended to be proposed to or exchange store located on a military in-
At the end of subtitle C of title XV, add the amendment SA 3867 submitted by Mr. stallation in the United States or any terri-
following: tory or possession of the United States that
SEC. 1548. ENERGY RESILIENCY FOR CERTAIN
REED and intended to be proposed to
offers gasoline for commercial sale shall
NUCLEAR MISSIONS. the bill H.R. 4350, to authorize appro- offer the sale of at least one fuel that con-
(a) AUTHORIZATION.—The Assistant Sec- priations for fiscal year 2022 for mili- tains not less than 15 percent ethanol.
retary of the Air Force for Installations, En- tary activities of the Department of
vironment, and Energy shall invest in the re- Defense, for military construction, and SA 4196. Mr. MENENDEZ (for him-
siliency and redundancy of the electricity for defense activities of the Depart- self, Mrs. FEINSTEIN, Mr. PADILLA, Mr.
supply of covered Air Force installations for WARNOCK, Mrs. GILLIBRAND, Mr. BOOK-
ment of Energy, to prescribe military
the purpose of supporting the critical mis-
personnel strengths for such fiscal ER, Mr. VAN HOLLEN, and Ms. WARREN)
sion capability of those installations during
a failure of the electric grid, a cyberattack, year, and for other purposes; which was submitted an amendment intended to
or a natural disaster. ordered to lie on the table; as follows: be proposed to amendment SA 3867 sub-
(b) REQUEST FOR PROPOSALS FOR ELEC- At the end of subtitle E of title III, add the mitted by Mr. REED and intended to be
TRICITY STORAGE.— following: proposed to the bill H.R. 4350, to au-
(1) IN GENERAL.—Not later than 180 days SEC. 376. COST-SHARING AGREEMENT FOR STATE thorize appropriations for fiscal year
after the date of the enactment of this Act, AND FEDERAL COSTS FOR RIFLE 2022 for military activities of the De-
the Assistant Secretary shall issue a request TRAINING RANGE FOR AIR FORCE
for proposals for the installation of not less SECURITY FORCES.
partment of Defense, for military con-
than 2,000 kWh of electricity storage at each (a) AUTHORIZATION.—The Secretary may struction, and for defense activities of
covered Air Force installation. enter into a cost-sharing agreement with a the Department of Energy, to prescribe
(2) REQUIREMENTS.—The request for pro- State for the purposes of establishing a rifle military personnel strengths for such
posals under paragraph (1) shall specify the training range for the Air Force Security fiscal year, and for other purposes;
following: Forces. which was ordered to lie on the table;
(A) The electricity storage described in (b) REQUEST FOR PROPOSAL.— as follows:
paragraph (1) shall be available to imme- (1) IN GENERAL.—Not later than one year At the appropriate place, insert the fol-
diately support the nuclear mission of the after the date of the enactment of this Act, lowing:
covered Air Force installation in the event the Secretary shall issue to all States a re- SEC. lll. SUBMISSION OF DATA RELATING TO
ctelli on DSK11ZRN23PROD with SENATE
of a power failure. quest for proposal for a cost-sharing agree- DIVERSITY BY ISSUERS; DIVERSITY
(B) The use of the electricity storage shall ment under subsection (a) ADVISORY GROUP.
be prioritized for the nuclear mission in the (2) ELEMENTS OF PROPOSALS.—In reviewing (a) IN GENERAL.—Section 13 of the Securi-
event of a power failure until electricity is proposals submitted by States under para- ties Exchange Act of 1934 (15 U.S.C. 78m) is
restored. graph (1) the Secretary shall consider— amended by adding at the end the following:
(C) The electricity storage may be used to (A) training requirements of current and ‘‘(s) SUBMISSION OF DATA RELATING TO DI-
partially meet energy demand at the instal- anticipated Air Force Security Forces; VERSITY.—
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