Congressional Record, Senate, November 3, 2021 — Amendments to H.R. 4350
Summary
Page S7726 of the Senate section of the Congressional Record for November 3, 2021, headed as amendments to H.R. 4350, in interleaved columns. SA 4272 from Mr. Ossoff is among amendments intended to be proposed to amendment SA 3867 submitted by Mr. Reed. Amendment text amends the Smith River National Recreation Area Act on administration and acquisition provisions, and a resolution passage states that it does not affect any benefits to which another person may become entitled based on military service. Ms. Lummis then asks unanimous consent.
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“Congressional Record, Senate, November 3, 2021 — Amendments to H.R. 4350.”
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S7726 CONGRESSIONAL RECORD — SENATE November 3, 2021
to be proposed to amendment SA 3867 sub- (3) ADMINISTRATION.—Section 5 of the (4) ACQUISITION.—Section 6(a) of the Smith
mitted by Mr. REED and intended to be pro- Smith River National Recreation Area Act River National Recreation Area Act (16
posed to the bill H.R. 4350, supra; which was (16 U.S.C. 460bbb–3) is amended— U.S.C. 460bbb–4(a)) is amended—
ordered to lie on the table. (A) in subsection (b)— (A) in the fourth sentence, by striking ‘‘All
SA 4272. Mr. OSSOFF submitted an amend- (i) in paragraph (1), in the first sentence, lands’’ and inserting the following:
ment intended to be proposed to amendment by striking ‘‘the map’’ and inserting ‘‘the ‘‘(4) APPLICABLE LAW.—All land’’;
SA 3867 submitted by Mr. REED and intended maps’’; and (B) in the third sentence—
to be proposed to the bill H.R. 4350, supra; (ii) in paragraph (2)— (i) by striking ‘‘The Secretary’’ and insert-
which was ordered to lie on the table. (I) in subparagraph (A), by striking ‘‘area ing the following:
SA 4273. Mr. OSSOFF (for himself, Mr. shall be on’’ and inserting ‘‘area and any por- ‘‘(3) METHOD OF ACQUISITION.—The Sec-
TILLIS, Mr. SCOTT of South Carolina, Mr. tion of the recreation area in the State of retary’’;
KING, Ms. CORTEZ MASTO, Mr. KELLY, and Mr. Oregon shall be on roadless’’; and (ii) by striking ‘‘or any of its political sub-
ROUNDS) submitted an amendment intended (II) by adding at the end the following: divisions’’ and inserting ‘‘, the State of Or-
to be proposed to amendment SA 3867 sub- ‘‘(I) The Kalmiopsis Wilderness shall be egon, or any political subdivision of the
mitted by Mr. REED and intended to be pro- managed in accordance with the Wilderness State of California or the State of Oregon’’;
posed to the bill H.R. 4350, supra; which was Act (16 U.S.C. 1131 et seq.).’’; and
ordered to lie on the table. (B) in subsection (c), by striking ‘‘by the (iii) by striking ‘‘donation or’’ and insert-
SA 4274. Mr. OSSOFF submitted an amend- amendments made by section 10(b) of this ing ‘‘purchase, donation, or’’;
ment intended to be proposed to amendment Act’’ and inserting ‘‘within the recreation (C) in the second sentence, by striking ‘‘In
SA 3867 submitted by Mr. REED and intended area’’; and exercising’’ and inserting the following:
to be proposed to the bill H.R. 4350, supra; (C) by adding at the end the following: ‘‘(2) CONSIDERATION OF OFFERS BY SEC-
which was ordered to lie on the table. ‘‘(d) STUDY; REPORT.— RETARY.—In exercising’’;
SA 4275. Mr. DURBIN (for himself and Mr. ‘‘(1) IN GENERAL.—Not later than 5 years (D) in the first sentence, by striking ‘‘The
CASSIDY) submitted an amendment intended after the date of enactment of this sub- Secretary’’ and inserting the following:
to be proposed to amendment SA 3867 sub- section, the Secretary shall conduct a study ‘‘(1) IN GENERAL.—The Secretary’’; and
mitted by Mr. REED and intended to be pro- of the area depicted on the map entitled (E) by adding at the end the following:
posed to the bill H.R. 4350, supra; which was ‘Proposed Additions to the Smith River Na- ‘‘(5) ACQUISITION OF CEDAR CREEK PARCEL.—
ordered to lie on the table. tional Recreation Area’ and dated November On the adoption of a resolution by the State
SA 4276. Mr. BRAUN (for himself, Mr. 14, 2019, that includes inventories and assess- Land Board of Oregon and subject to avail-
TILLIS, Mrs. GILLIBRAND, and Mr. VAN HOL- ments of streams, fens, wetlands, lakes, able funding, the Secretary shall acquire all
LEN) submitted an amendment intended to right, title, and interest in and to the ap-
other water features, and associated land,
be proposed to amendment SA 3867 sub- plants (including Port-Orford-cedar), ani- proximately 555 acres of land known as the
mitted by Mr. REED and intended to be pro- mals, fungi, algae, and other values, and un- ‘Cedar Creek Parcel’ located in sec. 16, T. 41
posed to the bill H.R. 4350, supra; which was stable and potentially unstable aquatic habi- S., R. 11 W., Willamette Meridian.’’.
ordered to lie on the table. tat areas in the study area. (5) FISH AND GAME.—Section 7 of the Smith
f ‘‘(2) MODIFICATION OF MANAGEMENT PLANS; River National Recreation Area Act (16
REPORT.—On completion of the study under U.S.C. 460bbb–5) is amended—
TEXT OF AMENDMENTS (A) in the first sentence, by inserting ‘‘or
paragraph (1), the Secretary shall—
SA 4225. Mr. MERKLEY (for himself, ‘‘(A) modify any applicable management the State of Oregon’’ after ‘‘State of Cali-
Mr. WYDEN, Mr. PADILLA, and Mrs. plan to fully protect the inventoried values fornia’’; and
FEINSTEIN) submitted an amendment under the study, including to implement ad- (B) in the second sentence, by inserting ‘‘or
ditional standards and guidelines; and the State of Oregon, as applicable’’ after
intended to be proposed to amendment ‘‘State of California’’.
SA 3867 submitted by Mr. REED and in- ‘‘(B) submit to Congress a report describ-
ing the results of the study. (6) MANAGEMENT PLANNING.—Section 9 of
tended to be proposed to the bill H.R. ‘‘(e) WILDFIRE MANAGEMENT.—Nothing in the Smith River National Recreation Area
4350, to authorize appropriations for this Act affects the authority of the Sec- Act (16 U.S.C. 460bbb–7) is amended—
fiscal year 2022 for military activities retary (in cooperation with other Federal, (A) in the first sentence, by striking ‘‘The
of the Department of Defense, for mili- State, and local agencies, as appropriate) to Secretary’’ and inserting the following:
tary construction, and for defense ac- conduct wildland fire operations within the ‘‘(a) REVISION OF MANAGEMENT PLAN.—The
recreation area, consistent with the purposes Secretary’’; and
tivities of the Department of Energy, (B) by adding at the end the following:
to prescribe military personnel of this Act.
‘‘(f) VEGETATION MANAGEMENT.—Nothing in ‘‘(b) SMITH RIVER NATIONAL RECREATION
strengths for such fiscal year, and for this Act prohibits the Secretary from con- AREA MANAGEMENT PLAN REVISION.—As soon
other purposes; which was ordered to ducting vegetation management projects (in- as practicable after the date of the first revi-
lie on the table; as follows: cluding wildfire resiliency and forest health sion of the forest plan after the date of en-
At the end of subtitle E of title X, add the projects) within the recreation area, to the actment of this subsection, the Secretary
following: extent consistent with the purposes of the shall revise the management plan for the
recreation area. recreation area—
SEC. 1043. ADDITIONS TO THE SMITH RIVER NA-
TIONAL RECREATION AREA; DES- ‘‘(g) APPLICATION OF NORTHWEST FOREST ‘‘(1) to reflect the expansion of the recre-
IGNATION OF COMPONENTS OF THE PLAN AND ROADLESS RULE TO CERTAIN POR- ation area into the State of Oregon under
NATIONAL WILD AND SCENIC RIV- TIONS OF THE RECREATION AREA.—Nothing in section 1043 of the National Defense Author-
ERS SYSTEM. this Act affects the application of the North- ization Act for Fiscal Year 2022; and
(a) ADDITIONS TO THE SMITH RIVER NA- west Forest Plan or part 294 of title 36, Code ‘‘(2) to include an updated recreation ac-
TIONAL RECREATION AREA.— of Federal Regulations (commonly referred tion schedule to identify specific use and de-
(1) DEFINITIONS.—Section 3 of the Smith to as the ‘Roadless Rule’) (as in effect on the velopment plans for the areas described in
River National Recreation Area Act (16 date of enactment of this subsection), to por- the map entitled ‘Proposed Additions to the
U.S.C. 460bbb–1) is amended— tions of the recreation area in the State of Smith River National Recreation Area’ and
(A) in paragraph (1), by striking ‘‘referred Oregon that are subject to the plan and those dated November 14, 2019.’’.
to in section 4(b)’’ and inserting ‘‘entitled regulations as of the date of enactment of (7) STREAMSIDE PROTECTION ZONES.—Sec-
‘Proposed Smith River National Recreation this subsection. tion 11(b) of the Smith River National Recre-
Area’ and dated July 1990’’; and ‘‘(h) PROTECTION OF TRIBAL RIGHTS.— ation Area Act (16 U.S.C. 460bbb–8(b)) is
(B) in paragraph (2), by striking ‘‘the Six ‘‘(1) IN GENERAL.—Nothing in this Act di- amended by adding at the end the following:
Rivers National Forest’’ and inserting ‘‘an minishes any right of an Indian Tribe. ‘‘(24) Each of the river segments described
applicable unit of the National Forest Sys- ‘‘(2) MEMORANDUM OF UNDERSTANDING.—The in subparagraph (B) of section 3(a)(92) of the
tem’’. Secretary shall seek to enter into a memo- Wild and Scenic Rivers Act (16 U.S.C.
(2) BOUNDARIES.—Section 4(b) of the Smith randum of understanding with applicable In- 1274(a)(92)).’’.
River National Recreation Area Act (16 dian Tribes with respect to— (8) STATE AND LOCAL JURISDICTION AND AS-
U.S.C. 460bbb–2(b)) is amended— ‘‘(A) providing the Indian Tribes with ac- SISTANCE.—Section 12 of the Smith River Na-
(A) in paragraph (1)— cess to the portions of the recreation area in tional Recreation Area Act (16 U.S.C. 460bbb–
(i) in the first sentence, by inserting ‘‘and the State of Oregon to conduct historical 9) is amended—
on the map entitled ‘Proposed Additions to and cultural activities, including the pro- (A) in subsection (a), by striking ‘‘Cali-
ctelli on DSK11ZRN23PROD with SENATE
the Smith River National Recreation Area’ curement of noncommercial forest products fornia or any political subdivision thereof’’
and dated November 14, 2019’’ after ‘‘1990’’; and materials for traditional and cultural and inserting ‘‘California, the State of Or-
and purposes; and egon, or a political subdivision of the State
(ii) in the second sentence, by striking ‘‘(B) the development of interpretive infor- of California or the State of Oregon’’;
‘‘map’’ and inserting ‘‘maps’’; and mation to be provided to the public on the (B) in subsection (b), in the matter pre-
(B) in paragraph (2), by striking ‘‘map’’ and history of the Indian Tribes and the use of ceding paragraph (1), by striking ‘‘California
inserting ‘‘maps described in paragraph (1)’’. the recreation area by the Indian Tribes.’’. or its political subdivisions’’ and inserting
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7727
‘‘California, the State of Oregon, or a polit- fluence with North Fork Smith River, as a ‘‘(A) MAINSTEM.—The segment from the
ical subdivision of the State of California or wild river. confluence of the Middle Fork Smith River
the State of Oregon’’; and ‘‘(xii) The 2.4-mile segment from the head- and the South Fork Smith River to the Six
(C) in subsection (c), in the first sentence— waters of Hardtack Creek to the confluence Rivers National Forest boundary, as a rec-
(i) by striking ‘‘California and its political with North Fork Smith River, as a wild reational river.
subdivisions’’ and inserting ‘‘California, the river. ‘‘(B) ROWDY CREEK.—
State of Oregon, and any political subdivi- ‘‘(xiii) The 2.21-mile segment from the ‘‘(i) UPPER.—The segment from and includ-
sion of the State of California or the State of headwaters of the unnamed creek to the con- ing the headwaters to the California-Oregon
Oregon’’; and fluence with North Fork Smith River, flow- State line, as a wild river.
(ii) by striking ‘‘State and its political sub- ing east from sec. 29, T. 40 S., R. 11 W., Wil- ‘‘(ii) LOWER.—The segment from the Cali-
divisions’’ and inserting ‘‘State of California, lamette Meridian, as a wild river. fornia-Oregon State line to the Six Rivers
the State of Oregon, and any political sub- ‘‘(xiv) The 3.06-mile segment from the National Forest boundary, as a recreational
division of the State of California or the headwaters of Horse Creek to the confluence river.’’.
State of Oregon’’. with North Fork Smith River, as a wild ---
(b) WILD AND SCENIC RIVER DESIGNATIONS.— river. SA 4226. Mr. MERKLEY submitted an
(1) NORTH FORK SMITH ADDITIONS, OREGON.— ‘‘(xv) The 2.61-mile segment of Fall Creek amendment intended to be proposed to
(A) FINDING.—Congress finds that the from the Oregon State border to the con- amendment SA 3867 submitted by Mr.
source tributaries of the North Fork Smith fluence with North Fork Smith River, as a REED and intended to be proposed to
River in the State of Oregon possess out- wild river. the bill H.R. 4350, to authorize appro-
standingly remarkable wild anadromous fish ‘‘(xvi)(I) Except as provided in subclause priations for fiscal year 2022 for mili-
and prehistoric, cultural, botanical, rec- (II), the 4.57-mile segment from the head- tary activities of the Department of
reational, and water quality values. waters of North Fork Diamond Creek to the
Defense, for military construction, and
(B) DESIGNATION.—Section 3(a)(92) of the confluence with Diamond Creek, as a wild
Wild and Scenic Rivers Act (16 U.S.C. river. for defense activities of the Depart-
1274(a)(92)) is amended— ‘‘(II) Notwithstanding subclause (I), the ment of Energy, to prescribe military
(i) in subparagraph (B), by striking ‘‘sce- portion of the segment described in that sub- personnel strengths for such fiscal
nic’’ and inserting ‘‘wild’’; clause that starts 100 feet above Forest Serv- year, and for other purposes; which was
(ii) by redesignating subparagraphs (A) ice Road 4402 and ends 100 feet below Forest ordered to lie on the table; as follows:
through (C) as clauses (i) through (iii), re- Service Road 4402 shall be administered as a At the end of subtitle E of title X, add the
spectively, and indenting appropriately; scenic river. following:
(iii) in the matter preceding clause (i) (as ‘‘(xvii) The 1.02-mile segment from the SEC. 10llll. SUTTON MOUNTAIN AND PAINTED
so redesignated), by striking ‘‘The 13-mile’’ headwaters of Diamond Creek to the Oregon HILLS AREA WILDFIRE RESILIENCY
and inserting the following: State border in sec. 14, T. 40 S., R. 10 W., Wil- PRESERVATION AND ECONOMIC EN-
‘‘(A) IN GENERAL.—The 13-mile’’; and lamette Meridian, as a wild river. HANCEMENT.
(iv) by adding at the end the following: ‘‘(xviii) The 1.14-mile segment from the (a) DEFINITIONS.—In this section:
‘‘(B) ADDITIONS.—The following segments headwaters of Acorn Creek to the confluence (1) ACTIVE HABITAT RESTORATION.—The
of the source tributaries of the North Fork with Horse Creek, as a wild river. term ‘‘active habitat restoration’’ means,
Smith River, to be administered by the Sec- ‘‘(xix) The 8.58-mile segment from the with respect to an area, to restore and en-
retary of Agriculture in the following class- headwaters of Chrome Creek to the con- hance the ecological health of the area
es: fluence with North Fork Smith River, as a through the use of management tools con-
‘‘(i) The 13.26-mile segment of Baldface wild river. sistent with this section.
Creek from its headwaters, including all pe- ‘‘(xx) The 2.98-mile segment from the head- (2) CITY.—The term ‘‘City’’ means the city
rennial tributaries, to the confluence with waters Chrome Creek tributary number 1 to of Mitchell, Oregon.
the North Fork Smith in T. 39 S., R 10 W., T. the confluence with Chrome Creek, 0.82 miles (3) COUNTY.—The term ‘‘County’’ means
40 S., R. 10 W., and T. 41 S., R. 11 W., Willam- upstream from the mouth of Chrome Creek Wheeler County, Oregon.
ette Meridian, as a wild river. in the Kalmiopsis Wilderness, flowing south (4) ECOLOGICAL HEALTH.—The term ‘‘eco-
‘‘(ii) The 3.58-mile segment from the head- from sec. 15, T. 40 S., R. 11 W., Willamette logical health’’ means the ability of the eco-
waters of Taylor Creek to the confluence Meridian, as a wild river. logical processes of a native ecosystem to
with Baldface Creek, as a wild river. ‘‘(xxi) The 2.19-mile segment from the function in a manner that maintains the
‘‘(iii) The 4.38-mile segment from the head- headwaters of Chrome Creek tributary num- structure, composition, activity, and resil-
waters of the unnamed tributary to Biscuit ber 2 to the confluence with Chrome Creek, ience of the ecosystem over time, including
Creek and the headwaters of Biscuit Creek to 3.33 miles upstream from the mouth of an ecologically appropriate diversity of
the confluence with Baldface Creek, as a Chrome Creek in the Kalmiopsis Wilderness, plant and animal communities, habitats, and
wild river. flowing south from sec. 12, T. 40 S., R. 11 W., conditions that are sustainable through suc-
‘‘(iv) The 2.27-mile segment from the head- Willamette Meridian, as a wild river. cessional processes.
waters of Spokane Creek to the confluence ‘‘(xxii) The 1.27-mile segment from the (5) LANDOWNER.—The term ‘‘landowner’’
with Baldface Creek, as a wild river. headwaters of Chrome Creek tributary num- means an owner of non-Federal land that en-
‘‘(v) The 1.25-mile segment from the head- ber 3 to the confluence with Chrome Creek, ters into a land exchange with the Secretary
waters of Rock Creek to the confluence with 4.28 miles upstream from the mouth of under subsection (c)(1).
Baldface Creek, flowing south from sec. 19, Chrome Creek in the Kalmiopsis Wilderness, (6) LOWER UNIT.—The term ‘‘Lower Unit’’
T. 40 S., R. 10 W., Willamette Meridian, as a flowing north from sec. 18, T. 40 S., R. 10 W., means the area that consists of the approxi-
wild river. Willamette Meridian, as a wild river. mately 27,184 acres of land generally depicted
‘‘(vi) The 1.31-mile segment from the head- ‘‘(xxiii) The 2.27-mile segment from the as ‘‘Proposed National Monument-Lower
waters of the unnamed tributary number 2 to headwaters of Chrome Creek tributary num- Unit’’ on the Map.
the confluence with Baldface Creek, flowing ber 4 to the confluence with Chrome Creek, (7) MANAGEMENT PLAN.—The term ‘‘man-
north from sec. 27, T. 40 S., R. 10 W., Willam- 6.13 miles upstream from the mouth of agement plan’’ means the management plan
ette Meridian, as a wild river. Chrome Creek, flowing south from Chetco for the Monument developed by the Sec-
‘‘(vii) The 3.6-mile segment from the 2 Peak in the Kalmiopsis Wilderness in sec. 36, retary under subsection (b)(4)(B).
headwaters of the unnamed tributary num- T. 39 S., R. 11 W., Willamette Meridian, as a (8) MAP.—The term ‘‘Map’’ means the map
ber 3 to the confluence with Baldface Creek, wild river. prepared by the Bureau of Land Management
flowing south from secs. 9 and 10, T. 40 S., R. ‘‘(xxiv) The 0.6-mile segment from the entitled ‘‘Sutton Complex-Painted Hills Na-
10 W., Willamette Meridian, as a wild river. headwaters of Wimer Creek to the border be- tional Monument Proposal’’ and dated Octo-
‘‘(viii) The 1.57-mile segment from the tween the States of Oregon and California, ber 27, 2021.
headwaters of the unnamed tributary num- flowing south from sec. 17, T. 41 S., R. 10 W., (9) MONUMENT.—The term ‘‘Monument’’
ber 4 to the confluence with Baldface Creek, Willamette Meridian, as a wild river.’’. means the Sutton Mountain National Monu-
flowing north from sec. 26, T. 40 S., R. 10 W., (2) EXPANSION OF SMITH RIVER, OREGON.— ment established by subsection (b)(1).
Willamette Meridian, as a wild river. Section 3(a) of the Wild and Scenic Rivers (10) PASSIVE HABITAT MANAGEMENT.—The
‘‘(ix) The 0.92-mile segment from the head- Act (16 U.S.C. 1274(a)) is amended by striking term ‘‘passive habitat management’’ means
waters of the unnamed tributary number 5 to paragraph (111) and inserting the following: those actions that are proposed or imple-
the confluence with Baldface Creek, flowing ‘‘(111) SMITH RIVER, CALIFORNIA AND OR- mented to address degraded or non-func-
ctelli on DSK11ZRN23PROD with SENATE
north from sec. 13, T. 40 S., R. 10 W., Willam- EGON.—The segment from the confluence of tioning resource conditions that are ex-
ette Meridian, as a wild river. the Middle Fork Smith River and the North pected to improve the ecological health of
‘‘(x) The 4.90-mile segment from the head- Fork Smith River to the Six Rivers National the area without additional on-the-ground
waters of Cedar Creek to the confluence with Forest boundary, including the following actions, such that resource objectives and
North Fork Smith River, as a wild river. segments of the mainstem and certain tribu- desired outcomes are anticipated to be
‘‘(xi) The 2.38-mile segment from the head- taries, to be administered by the Secretary reached without additional human interven-
waters of Packsaddle Gulch to the con- of Agriculture in the following classes: tion.
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S7728 CONGRESSIONAL RECORD — SENATE November 3, 2021
(11) SECRETARY.—The term ‘‘Secretary’’ (I) describe the appropriate uses and man- structures and communities located near the
means the Secretary of the Interior. agement of each of the Upper Unit and the Monument.
(12) STATE.—The term ‘‘State’’ means the Lower Unit, consistent with the purposes (ii) PLAN COMPONENTS.—The wildfire miti-
State of Oregon. and objectives of this section; gation plan developed under clause (i) shall
(13) UPPER UNIT.—The term ‘‘Upper Unit’’ (II) include an assessment of ecological include—
means the area that consists of the approxi- conditions of the Monument, including an (I) appropriate vegetation management
mately 38,023 acres of land generally depicted assessment of— projects (including mechanical treatments
as ‘‘Proposed National Monument-Upper (aa) the status, causes, and rate of juniper to reduce hazardous fuels and improve eco-
Unit’’ on the Map. encroachments at the Monument; and logical health and resiliency);
(b) ESTABLISHMENT OF SUTTON MOUNTAIN (bb) the ecological impacts of the juniper (II) necessary evacuation routes for com-
NATIONAL MONUMENT.— encroachments at the Monument; munities located near the Monument, to be
(1) IN GENERAL.—There is established in the (III) identify science-based, short-term and developed in consultation with the State and
State the Sutton Mountain National Monu- long-term, active habitat restoration and local fire agencies;
ment, consisting of the following 2 manage- passive habitat management actions— (III) strategies for public dissemination of
ment units, as generally depicted on the (aa) to reduce wildfire risk and improve emergency evacuation plans and routes;
Map: the resilience of native plant communities; (IV) appropriate passive habitat manage-
(A) Upper Unit. and ment activities; and
(B) Lower Unit. (bb) to restore historical native vegetation (V) strategies or management require-
(2) PURPOSES.—The purposes of the Monu- communities, including the prioritization of ments to protect items of value identified at
ment are— the removal of invasive annual grasses and the Monument, consistent with the applica-
(A) to increase the wildfire resiliency of juniper trees in the Lower Unit; ble fire management plan and the document
Sutton Mountain and the surrounding area; (IV) include a habitat restoration opportu- prepared by the National Interagency Fire
and nities component that prioritizes— Center entitled ‘‘Interagency Standards for
(B) to conserve, protect, and enhance the (aa) restoration within the Lower Unit; Fire and Fire Aviation Operations’’ or suc-
long-term ecological health of Sutton Moun- and cessor interagency agreement or guidance.
tain and the surrounding area for present (bb) maintenance of the existing wilder- (iii) APPLICABLE LAW.—The wildfire mitiga-
and future generations. ness character of the Upper Unit; tion plan under clause (i) shall be developed
(3) OBJECTIVES.—To further the purposes of (V) include a riparian conservation and in accordance with—
the Monument described in paragraph (2), restoration component to support anad- (I) this section; and
and consistent with those purposes, the Sec- romous and other native fish, wildlife, and (II) any other applicable law.
retary shall manage the Monument for the other riparian resources and values in the (E) TEMPORARY ROADS.—
benefit of present and future generations— monument; (i) IN GENERAL.—Consistent with the pur-
(A) to support and promote the growth of (VI) include a recreational enhancement poses of this section and the comprehensive
local communities and economies; component that prioritizes— transportation plan under paragraph (5), the
(B) to promote the scientific and edu- (aa) new and expanded opportunities for Secretary may travel off-road or establish
cational values of the Monument; mechanized and nonmechanized recreation temporary roads within the Lower Unit to
(C) to maintain sustainable grazing on the in the Lower Unit; and implement the wildfire mitigation plan de-
Federal land within the Upper Unit and (bb) enhancing nonmechanized, primitive, veloped under subparagraph (D).
Lower Unit, in accordance with applicable and unconfined recreation opportunities in (ii) EFFECT ON WILDFIRE MANAGEMENT.—
Federal law; the Upper Unit; Nothing in this subsection affects the au-
(D) to promote recreation, historical, cul- (VII) include an active habitat restoration thority of the Secretary, in cooperation with
tural, and other uses that are sustainable, in component that prioritizes, with respect to other Federal, State, and local agencies, as
accordance with applicable Federal law; the Lower Unit— appropriate, to conduct wildland fire oper-
(E) to ensure the conservation, protection, (aa) the restoration of native ecosystems; ations at the Monument, consistent with the
restoration, and improved management of (bb) the enhancement of recreation and purposes of this section.
the ecological, social, and economic environ- grazing activities; and (F) INCORPORATION OF ACQUIRED LAND AND
ment of the Monument, including geological, (cc) activities that will reduce wildfire INTERESTS IN LAND.—Any land or interest in
paleontological, biological, wildlife, ripar- risk; land within the boundary of the Monument
ian, and scenic resources; (VIII) include a passive habitat manage- or adjacent to the Monument that is ac-
(F) to reduce the risk of wildfire within the ment component that prioritizes, with re- quired by the United States shall—
Monument and the surrounding area, includ- spect to the Upper Unit— (i) become part of the Monument; and
ing through juniper removal and habitat res- (aa) the restoration of native ecosystems; (ii) be managed in accordance with—
toration, as appropriate; and and (I) this section; and
(G)(i) to allow for active habitat restora- (bb) management activities that will re- (II) applicable Federal laws.
tion in the Lower Unit; and duce the risk of wildfire; (5) COMPREHENSIVE TRANSPORTATION
(ii) to allow for passive habitat manage- (IX) determine measurable and achievable PLAN.—
ment in the Upper Unit and Lower Unit. management objectives, consistent with the (A) IN GENERAL.—The Secretary shall de-
(4) MANAGEMENT AUTHORITIES.— management objectives described in para- velop as part of the management plan a com-
(A) IN GENERAL.—The Secretary shall man- graph (3), to ensure the ecological health of prehensive transportation plan for the Monu-
age the Monument— the Monument; ment, which shall address—
(i) in accordance with— (X) develop a monitoring program for the (i) motorized, mechanized, and non-
(I) the Federal Land Policy and Manage- Monument so that progress towards ecologi- motorized use;
ment Act of 1976 (43 U.S.C. 1701 et seq.) and cal health objectives can be determined; (ii) the maintenance and closure of motor-
other applicable laws; and (XI) include, as an integral part, a com- ized and nonmotorized routes; and
(II) this section; and prehensive transportation plan developed in (iii) travel access.
(ii) in a manner that— accordance with paragraph (5); and (B) PROHIBITION OF MOTORIZED AND MECHA-
(I) improves wildfire resiliency; and (XII) include, as an integral part, a wildfire NIZED USE IN THE UPPER UNIT.—Except as pro-
(II) ensures the conservation, protection, mitigation plan developed in accordance vided in subparagraphs (C), (D), and (G), mo-
and improved management of the ecological, with subparagraph (D). torized and mechanized use shall be prohib-
social, and economic environment of the (C) WILDFIRE RISK ASSESSMENT .—Not later ited in the Upper Unit.
Monument, including geological, paleon- than 1 year after the date of enactment of (C) PROHIBITION OF OFF-ROAD MOTORIZED
tological, biological, wildlife, riparian, and this Act, the Secretary, in consultation with TRAVEL.—Except in cases in which motorized
scenic resources, North American Indian the Governor’s Council on Wildfire Response or mechanized vehicles are needed for admin-
Tribal and cultural and archaeological re- of the State, shall conduct a wildfire risk as- istrative purposes, ecological restoration
source sites, and additional cultural and his- sessment of the Upper Unit and the Lower projects, or to respond to an emergency, the
toric sites and culturally significant native Unit. use of motorized or mechanized vehicles in
species. (D) WILDFIRE MITIGATION PLAN.— the Monument shall be permitted only on
(B) MANAGEMENT PLAN.— (i) IN GENERAL.—Not later than 2 years routes designated by the transportation plan
(i) IN GENERAL.—Not later than 2 years after the date on which the wildfire risk as- developed under subparagraph (A).
after the date of enactment of this Act, the sessment is conducted under subparagraph (D) PROHIBITION OF NEW CONSTRUCTION.—
ctelli on DSK11ZRN23PROD with SENATE
Secretary shall develop a comprehensive (C), the Secretary shall develop, based on the Except as provided in subparagraph (E), no
management plan for the long-term con- wildfire risk assessment, a wildfire mitiga- new motorized routes of any type shall be
servation and management of the Monument tion plan as part of the management plan de- constructed within the Monument unless the
that fulfills the purposes of the Monument veloped under subparagraph (B) that identi- Secretary determines, in consultation with
described in paragraph (2). fies, evaluates, and prioritizes management the public, that the motorized route is nec-
(ii) REQUIREMENTS.—The management plan activities that can be implemented in the essary for public safety in the Upper Unit or
developed under clause (i) shall— Lower Unit to mitigate wildfire risk to Lower Unit.
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7729
(E) TEMPORARY MOTORIZED ROUTES IN THE (ii) to provide for public information, and to the Federal land described in clause
LOWER UNIT.—Notwithstanding subparagraph health, or safety; (ii)(II).
(D), temporary motorized routes may be de- (iii) for the management of livestock; or (ii) DESCRIPTION OF LAND.—
veloped in the Lower Unit to assist with the (iv) for the management, but not pro- (I) NON-FEDERAL LAND.—The non-Federal
removal of juniper. motion, of recreation. land referred to in clause (i) is the approxi-
(F) TRAILS.—Nothing in this paragraph (8) RELEASE OF WILDERNESS STUDY AREA.— mately 236 acres of non-Federal land identi-
limits the authority of the Secretary to con- (A) FINDING.—Congress finds that, for pur- fied on the Map as ‘‘Quant to BLM’’.
struct or maintain trails for nonmotorized or poses of section 603(c) of the Federal Land (II) FEDERAL LAND.—The Federal land re-
nonmechanized use in the Upper Unit or Policy and Management Act of 1976 (43 ferred to in clause (i)(II) is the approxi-
Lower Unit. U.S.C. 1782(c)), any portion of Federal land mately 271 acres of Federal land identified
(G) ACCESS TO INHOLDINGS.—The Secretary designated as a wilderness study area within on the Map as ‘‘BLM to Quant’’.
shall provide reasonable access to inholdings the Monument as of the date of enactment of (C) TWICKENHAM LIVESTOCK LLC EX-
within the boundaries of the Monument to this Act has been adequately studied for wil- CHANGE.—
provide private landowners the reasonable derness designation. (i) IN GENERAL.—Subject to paragraphs (2)
use of the inholdings, in accordance with sec- (B) RELEASE.—The land described in sub- through (8), if the owner of the non-Federal
tion 1323(b) of the Alaska National Interest paragraph (A)— land described in clause (ii)(I) offers to con-
Lands Conservation Act (16 U.S.C. 3210(b)). (i) is no longer subject to section 603(c) of vey to the United States all right, title, and
(H) MODIFICATIONS TO EXISTING ROADS.— the Federal Land Policy and Management interest of the landowner in and to the non-
(i) IN GENERAL.—Consistent with the pur- Act of 1976 (43 U.S.C. 1782(c)); and Federal land, the Secretary shall—
poses of this section, the existing roads de- (ii) shall be managed in accordance with— (I) accept the offer; and
scribed in clause (ii) may be modified or al- (I) this section; and (II) on receipt of acceptable title to the
tered within 50 feet on either side of the ap- (II) applicable land use plans adopted non-Federal land and subject to valid exist-
plicable road, as the Secretary determines to under section 202 of that Act (43 U.S.C. 1712). ing rights, convey to the landowner all right,
be necessary to support use of motorized or (9) EFFECT ON EXISTING RIGHTS.—Nothing in title, and interest of the United States in
mechanized vehicles for access, utility devel- this subsection— and to the Federal land described in clause
opment, or public safety. (A) terminates any valid right-of-way on (ii)(II).
(ii) DESCRIPTION OF ROADS.—The roads re- land included in the Monument that is in ex- (ii) DESCRIPTION OF LAND.—
ferred to in clause (i) are Burnt Ranch Road, istence on the date of enactment of this Act; (I) NON-FEDERAL LAND.—The non-Federal
Twickenham Road, Girds Creek Road, and or land referred to in clause (i) is the approxi-
the Logging Road, as depicted on the Map. (B) affects the ability of an owner of a pri- mately 574 acres of non-Federal land identi-
(iii) RIGHT-OF-WAY.—The Secretary shall vate inholding within, or private land adjoin- fied on the Map as ‘‘Twickenham to BLM’’.
grant to the County a right-of-way for main- ing, the boundary of the Monument to obtain (II) FEDERAL LAND.—The Federal land re-
tenance and repair within 50 feet of Twicken- permits or easements from any Federal ferred to in clause (i)(II) is the approxi-
ham Road and Girds Creek Road. agency with jurisdiction over the Monument mately 566 acres of Federal land identified on
(6) GRAZING.— to support existing uses, access, manage- the Map as ‘‘BLM to Twickenham’’.
(A) IN GENERAL.—The grazing of livestock (2) APPLICABLE LAW.—Except as otherwise
ment, or maintenance of the private prop-
in the Monument, if established before the provided in this subsection, the Secretary
erty.
date of enactment of this Act, shall be al- shall carry out each land exchange under
(10) WATER RIGHTS AND INFRASTRUCTURE.—
lowed to continue— paragraph (1) in accordance with section 206
Nothing in this subsection—
(i) subject to— of the Federal Land Policy and Management
(A) constitutes an express or implied claim
(I) such reasonable regulations, policies, Act of 1976 (43 U.S.C. 1716).
or denial on the part of the Federal Govern-
and practices as the Secretary considers nec- (3) CONDITIONS.—Each land exchange under
ment regarding an exemption from State
essary; and paragraph (1) shall be subject to such terms
water laws; or
(II) applicable law (including regulations); and conditions as the Secretary may require.
(B) prohibits access to existing water infra-
and (4) EQUAL VALUE EXCHANGE.—
(ii) in a manner consistent with the au- structure within the boundaries of the Monu- (A) IN GENERAL.—The value of the Federal
thorities described in paragraph (4). ment. land and non-Federal land to be exchanged
(B) VOLUNTARY RELINQUISHMENT OF GRAZING (11) TRIBAL RIGHTS.—Nothing in this sub- under paragraph (1)—
PERMITS OR LEASES.—
section alters, modifies, enlarges, dimin- (i) shall be equal; or
(i) ACCEPTANCE BY SECRETARY.—The Sec- ishes, or abrogates the treaty rights of any (ii) shall be made equal in accordance with
retary shall accept the voluntary relinquish- Indian Tribe. subparagraph (B).
ment of any valid existing permits or leases (c) LAND EXCHANGES.— (B) EQUALIZATION.—
authorizing grazing on public land, all or a (1) AUTHORIZATION.— (i) SURPLUS OF FEDERAL LAND.—If the value
portion of which is within the Monument. (A) FAULKNER EXCHANGE.— of Federal land exceeds the value of non-Fed-
(ii) TERMINATION.—With respect to each (i) IN GENERAL.—Subject to paragraphs (2) eral land to be conveyed under a land ex-
permit or lease voluntarily relinquished through (8), if the owner of the non-Federal change authorized under paragraph (1), the
under clause (i), the Secretary shall— land described in clause (ii)(I) offers to con- value of the Federal land and non-Federal
(I) terminate the grazing permit or lease; vey to the United States all right, title, and land shall be equalized by reducing the acre-
and interest of the landowner in and to the non- age of the Federal land to be conveyed, as de-
(II) ensure a permanent end to grazing on Federal land, the Secretary shall— termined to be appropriate and acceptable
the land covered by the permit or lease. (I) accept the offer; and by the Secretary and the landowner.
(iii) PARTIAL RELINQUISHMENT.— (II) on receipt of acceptable title to the (ii) SURPLUS OF NON-FEDERAL LAND.—If the
(I) IN GENERAL.—If a person holding a valid non-Federal land and subject to valid exist- value of the non-Federal land exceeds the
grazing permit or lease voluntarily relin- ing rights, convey to the landowner all right, value of the Federal land, the value of the
quishes less than the full level of grazing use title, and interest of the United States in Federal land and non-Federal land shall be
authorized under the permit or lease under and to the Federal land described in clause equalized by reducing the acreage of the non-
clause (i), the Secretary shall— (ii)(II). Federal land to be conveyed, as determined
(aa) reduce the authorized grazing level to (ii) DESCRIPTION OF LAND.— to be appropriate and acceptable by the Sec-
reflect the voluntary relinquishment; and (I) NON-FEDERAL LAND.—The non-Federal retary and the landowner.
(bb) modify the permit or lease to reflect land referred to in clause (i) is the approxi- (5) APPRAISALS.—
the revised level. mately 15 acres of non-Federal land identi- (A) IN GENERAL.—As soon as practicable
(II) AUTHORIZED LEVEL.—To ensure that fied on the Map as ‘‘Faulkner to BLM’’. after the date of enactment of this Act, the
there is a permanent reduction in the au- (II) FEDERAL LAND.—The Federal land re- Secretary and the landowner shall select an
thorized level of grazing on the land covered ferred to in clause (i)(II) is the approxi- appraiser to conduct an appraisal of the Fed-
by a permit or lease voluntarily relinquished mately 10 acres of Federal land identified on eral land and non-Federal land to be ex-
under subclause (I), the Secretary shall not the Map as ‘‘BLM to Faulkner’’. changed under paragraph (1).
allow grazing use to exceed the authorized (B) QUANT EXCHANGE.— (B) REQUIREMENTS.—An appraisal under
level established under that subclause. (i) IN GENERAL.—Subject to paragraphs (2) subparagraph (A) shall be conducted in ac-
(7) PROHIBITION ON CONSTRUCTION OF NEW through (8), if the owner of the non-Federal cordance with nationally recognized ap-
FACILITIES.—No new facilities may be con- land described in clause (ii)(I) offers to con- praisal standards, including—
structed in the Monument unless the Sec- vey to the United States all right, title, and (i) the Uniform Appraisal Standards for
ctelli on DSK11ZRN23PROD with SENATE
retary determines that the facility— interest of the landowner in and to the non- Federal Land Acquisitions; and
(A) will be minimal in nature; Federal land, the Secretary shall— (ii) the Uniform Standards of Professional
(B) is consistent with the purposes of the (I) accept the offer; and Appraisal Practice.
Monument described in paragraph (2); and (II) on receipt of acceptable title to the (6) SURVEYS.—
(C) is necessary— non-Federal land and subject to valid exist- (A) IN GENERAL.—The exact acreage and
(i) to enhance botanical, fish, wildlife, or ing rights, convey to the landowner all right, legal description of the Federal land and
watershed conditions; title, and interest of the United States in non-Federal land to be exchanged under
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S7730 CONGRESSIONAL RECORD — SENATE November 3, 2021
paragraph (1) shall be determined by surveys ‘‘Recreation and Public Purposes Act’’) (44 (1) in subsection (a)(2)—
approved by the Secretary. Stat. 741, chapter 578; 43 U.S.C. 869 et seq.). (A) by striking ‘‘means an entity’’ and in-
(B) COSTS.—The Secretary and the land- (B) AFFORDABLE OR SENIOR HOUSING.—Not serting the following: ‘‘means—
owner shall divide equally between the Sec- more than 50 acres of the Federal land con- ‘‘(A) an’’;
retary and the landowner— veyed under paragraph (1)(A) may be used for (B) in subparagraph (A) (as so designated),
(i) the costs of any surveys conducted the construction of affordable or senior hous- by striking the period at the end and insert-
under subparagraph (A); and ing. ing ‘‘; and’’; and
(ii) any other administrative costs of car- (C) ECONOMIC DEVELOPMENT.—Not more (C) by adding at the end the following:
rying out the land exchange under this sub- than 50 acres of the Federal land conveyed ‘‘(B) a manufacturer of critical digital
section. under paragraph (1)(A) may be used to sup- components in industrial control systems.’’;
(7) VALID EXISTING RIGHTS.—The exchange port economic development. (2) in subsection (b)—
of Federal land and non-Federal land under (3) MAP AND LEGAL DESCRIPTIONS.— (A) in the matter preceding paragraph (1),
paragraph (1) shall be subject to any ease- (A) IN GENERAL.—As soon as practicable by striking ‘‘2-year’’ and inserting ‘‘4-year’’;
ments, rights-of-way, and other valid rights after the date of enactment of this Act, the and
in existence on the date of enactment of this Secretary shall finalize legal descriptions of (B) in paragraph (1), by striking ‘‘(includ-
Act. the parcels of land to be conveyed under ing critical component manufacturers in the
(8) DEADLINE FOR COMPLETION OF LAND EX- paragraph (1). supply chain)’’;
CHANGE.—It is the intent of Congress that (B) CORRECTIONS OF ERRORS.—The Sec- (3) in subsection (d), by striking paragraph
the land exchanges under paragraph (1) be retary may correct minor errors in the Map (2) and inserting the following:
completed by the date that is not later than or the legal descriptions. ‘‘(2) UPDATED REPORT.—Not later than 2
2 years after the date of enactment of this (C) AVAILABILITY.—The Map and legal de- years after the date on which funds are first
Act. scriptions shall be on file and available for disbursed under the Program, the Secretary
(d) WITHDRAWAL.— public inspection in the appropriate offices shall update the report submitted under
(1) IN GENERAL.—Subject to valid existing of the Bureau of Land Management. paragraph (1) and submit the updated report
rights, the Federal land and any interest in (4) REVERSION.— to the appropriate congressional commit-
the Federal land included within the Monu- (A) IN GENERAL.—If any parcel of land con- tees.’’; and
ment is withdrawn from— veyed under paragraph (1) ceases to be used (4) in subsection (h)—
(A) entry, appropriation, new rights-of- for the purposes described in paragraph (2), (A) in paragraph (1), by striking
the land shall, at the discretion of the Sec- ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and
way, and disposal under the public land laws;
retary based on the determination of the (B) in paragraph (2), by striking
(B) location, entry, and patent under the
Secretary of the best interests of the United ‘‘$1,500,000’’ and inserting ‘‘$3,000,000’’.
mining laws; and
States, revert to the United States.
(C) operation of—
(B) RESPONSIBILITY OF LOCAL GOVERN- SA 4228. Mr. RISCH (for himself, Mr.
(i) the mineral leasing and geothermal
MENTAL ENTITY.—If the Secretary determines
leasing laws; and
under subparagraph (A) that the land should
HOEVEN, Mrs. CAPITO, Mr. CRAPO, Mr.
(ii) except as provided in paragraph (2), the KENNEDY, Ms. CORTEZ MASTO, Ms. MUR-
revert to the United States, and if the Sec-
minerals materials laws. KOWSKI, and Ms. ROSEN) submitted an
retary determines that the land is contami-
(2) ROAD MAINTENANCE.—As the Secretary amendment intended to be proposed to
nated with hazardous waste, the City or the
determines to be consistent with the pur-
poses of this section and the management
County, as applicable, shall be responsible amendment SA 3867 submitted by Mr.
for remediation of the contamination. REED and intended to be proposed to
plan, the Secretary may permit the develop-
(5) TRIBAL RIGHTS.—Nothing in this sub- the bill H.R. 4350, to authorize appro-
ment of saleable mineral resources, for road
section alters, modifies, enlarges, dimin- priations for fiscal year 2022 for mili-
maintenance use only, in a location identi-
ishes, or abrogates the treaty rights of any
fied on the Map as an existing ‘‘gravel pit’’
Indian Tribe.
tary activities of the Department of
within the area withdrawn by paragraph (1), (g) COORDINATION WITH UNITS OF LOCAL Defense, for military construction, and
if the development was authorized before the GOVERNMENT.— The Secretary shall coordi- for defense activities of the Depart-
date of enactment of this Act. nate with units of local government, includ- ment of Energy, to prescribe military
(e) TREATMENT OF STATE LAND AND MIN- ing the County commission and the City, in personnel strengths for such fiscal
ERAL INTERESTS.— accordance with section 202 of the Federal
(1) ACQUISITION REQUIRED.—The Secretary year, and for other purposes; which was
Land Policy and Management Act of 1976 (43
shall acquire, for approximately equal value U.S.C. 1712) and section 1610.3-1 of title 43,
ordered to lie on the table; as follows:
and as agreed to by the Secretary and the Code of Federal Regulations (or a successor At the appropriate place, insert the fol-
State, any land and interests in land owned regulation) in— lowing:
by the State within the area withdrawn by (1) developing the management plan; SEC. ll. FEDERAL AND STATE TECHNOLOGY
subsection (d)(1). (2) prioritizing implementation of project- PARTNERSHIP PROGRAM.
(2) ACQUISITION METHODS.—The Secretary level activities under the management plan; Section 34 of the Small Business Act (15
shall acquire the State land and interests in (3) developing activities that implement U.S.C. 657d) is amended—
land under paragraph (1) in exchange for— the management plan; and (1) in subsection (a), by adding at the end
(A) the conveyance of Federal land or Fed- (4) carrying out any other activities under the following:
eral mineral interests that are outside the this section. ‘‘(11) UNDERPERFORMING STATE.—The term
boundaries of the area withdrawn by sub- (i) AUTHORIZATION OF APPROPRIATIONS.— ‘underperforming State’ means a State par-
section (d)(1); There are authorized to be appropriated such ticipating in the SBIR or STTR program
(B) a payment to the State; or sums as are necessary to carry out this sec- that has been calculated by the Adminis-
(C) a combination of the methods described tion. trator to be one of 26 States receiving the
in subparagraphs (A) and (B). fewest SBIR and STTR first phase awards (as
(f) CONVEYANCES OF BUREAU OF LAND MAN- SA 4227. Mr. RISCH (for himself and described in paragraphs (4) and (6), respec-
AGEMENT LAND TO THE CITY OF MITCHELL, OR- Mr. KING) submitted an amendment in- tively, of section 9(e)).’’;
EGON, AND WHEELER COUNTY, OREGON.— tended to be proposed to amendment (2) in subsection (c)—
(1) IN GENERAL.—Notwithstanding the land SA 3867 submitted by Mr. REED and in- (A) in paragraph (1)—
use planning requirements of sections 202 tended to be proposed to the bill H.R. (i) in subparagraph (E)—
and 203 of the Federal Land Policy and Man- 4350, to authorize appropriations for (I) in clause (iii), by striking ‘‘and’’ at the
agement Act of 1976 (43 U.S.C. 1712, 1713)— fiscal year 2022 for military activities end;
(A) on the request of the City, the Sec- of the Department of Defense, for mili- (II) in clause (iv), by striking the period at
retary shall convey to the City, without con- the end and inserting ‘‘; and’’; and
sideration, the approximately 1,327 acres of
tary construction, and for defense ac- (III) by adding at the end the following:
Federal land generally depicted on the Map tivities of the Department of Energy, ‘‘(v) to prioritize applicants located in an
as ‘‘City of Mitchell Conveyance’’; and to prescribe military personnel underperforming State.’’;
(B) on request of the County, the Secretary strengths for such fiscal year, and for (B) in paragraph (2)(B)(vi)—
shall convey to the County, without consid- other purposes; which was ordered to (i) in subclause (II), by striking ‘‘and’’ at
eration, the approximately 159 acres of Fed- lie on the table; as follows: the end; and
eral land generally depicted on the Map as At the appropriate place, insert the fol- (ii) by adding at the end the following:
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‘‘Wheeler County Conveyance’’. lowing: ‘‘(IV) located in an underperforming State;
(2) USE OF CONVEYED LAND.— SEC. lll. SECURING ENERGY INFRASTRUC- and’’;
(A) IN GENERAL.—Subject to subparagraphs TURE. (C) in paragraph (3), by striking ‘‘Not more
(B) and (C), the Federal land conveyed under Section 5726 of division E of the National than one proposal’’ and inserting ‘‘There is
paragraph (1) shall be used for recreation or Defense Authorization Act for Fiscal Year no limit on the number of proposals that’’;
other public purposes consistent with the 2020 (Public Law 116–92; 6 U.S.C. 189 note) is and
Act of June 14, 1926 (commonly known as the amended— (D) by adding at the end the following:
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7731
‘‘(6) ADDITIONAL ASSISTANCE FOR UNDERPER- ‘‘(D) a description of the process used to SEC. 318. CONSIDERATION UNDER DEFENSE EN-
FORMING STATES.—Upon application by a re- ensure that underperforming States are VIRONMENTAL RESTORATION PRO-
GRAM FOR STATE-OWNED FACILI-
cipient that is located in an underperforming given priority application status under the
TIES OF THE NATIONAL GUARD
State, the Administrator may— FAST program.’’; and WITH PROVEN EXPOSURE OF HAZ-
‘‘(A) provide additional assistance to the (B) in paragraph (2)— ARDOUS SUBSTANCES AND WASTE.
recipient; and (i) in the paragraph heading, by striking (a) DEFINITION OF STATE-OWNED NATIONAL
‘‘(B) waive the matching requirements ‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; GUARD FACILITY.—Section 2700 of title 10,
under subsection (e)(2). (ii) in the matter preceding subparagraph United States Code, is amended by adding at
‘‘(7) LIMITATION ON AWARDS.—The Adminis- (A), by striking ‘‘annual’’ and inserting ‘‘bi- the end the following new paragraph:
trator may only make 1 award or enter into ennial’’; ‘‘(4) The term ‘State-owned National Guard
1 cooperative agreement per State in a fiscal (iii) in subparagraph (B), by striking ‘‘and’’ facility’ means land owned and operated by a
year.’’; at the end; State when such land is used for training the
(3) in subsection (e)— (iv) in subparagraph (C), by striking the National Guard pursuant to chapter 5 of title
(A) in paragraph (2)— period at the end and inserting a semicolon; 32 with funds provided by the Secretary of
(i) to by amending subparagraph (A) to and Defense or the Secretary of a military de-
read as follows: (v) by adding at the end the following: partment, even though such land is not
‘‘(A) IN GENERAL.—The non-Federal share ‘‘(D) the proportion of awards provided to under the jurisdiction of the Department of
of the cost of an activity (other than a plan- and cooperative agreements entered into Defense.’’.
ning activity) carried out using an award or with underperforming States; and (b) AUTHORITY FOR DEFENSE ENVIRON-
under a cooperative agreement under this ‘‘(E) a list of the States that were deter- MENTAL RESTORATION PROGRAM.—Section
section shall be— mined by the Administrator to be underper- 2701(a)(1) of such title is amended, in the
‘‘(i) 25 cents for each Federal dollar, in the forming States, and a description of any first sentence, by inserting ‘‘and at State-
case of a recipient that will serve small busi- changes in the list compared to previously owned National Guard facilities’’ before the
ness concerns located in an underperforming submitted reports.’’; and period.
State, as calculated using the data from the (5) in subsection (g)(2)— (c) RESPONSIBILITY FOR RESPONSE AC-
previous fiscal year; and (A) by striking ‘‘2004’’ and inserting ‘‘2022’’; TIONS.—Section 2701(c)(1) of such title is
‘‘(ii) except as provided in subparagraph and amended by adding at the end the following
(B), 75 cents for each Federal dollar, in the (B) by inserting ‘‘and Entrepreneurship’’ new subparagraph:
case of a recipient that will serve small busi- before ‘‘of the Senate’’. ‘‘(D) Each State-owned National Guard fa-
ness concerns located in a State that is not cility being used for training at the time of
described in clause (i) that is receiving SBIR SA 4229. Mr. CRAMER submitted an actions leading to contamination by haz-
and STTR first phase awards, as described in amendment intended to be proposed to ardous substances or pollutants or contami-
paragraphs (4) and (6), respectively, of sec- amendment SA 3867 submitted by Mr. nants.’’.
tion 9(e).’’; REED and intended to be proposed to
(ii) in subparagraph (D), by striking ‘‘, be- the bill H.R. 4350, to authorize appro- SA 4231. Mr. CRUZ (for himself and
ginning with fiscal year 2001’’ and inserting priations for fiscal year 2022 for mili- Mr. INHOFE) submitted an amendment
‘‘and make publicly available on the website tary activities of the Department of intended to be proposed to amendment
of the Administration, beginning with fiscal Defense, for military construction, and SA 3867 submitted by Mr. REED and in-
year 2022’’; and for defense activities of the Depart- tended to be proposed to the bill H.R.
(iii) by adding at the end the following: 4350, to authorize appropriations for
ment of Energy, to prescribe military
‘‘(E) PAYMENT.—The non-Federal share of
the cost of an activity carried out by a re- personnel strengths for such fiscal fiscal year 2022 for military activities
cipient may be paid by the recipient over the year, and for other purposes; which was of the Department of Defense, for mili-
course of the period of the award or coopera- ordered to lie on the table; as follows: tary construction, and for defense ac-
tive agreement.’’; and At the end of subtitle A of title XV, add tivities of the Department of Energy,
(B) by adding at the end the following: the following: to prescribe military personnel
‘‘(4) AMOUNT OF AWARD.—In carrying out SEC. 1516. ACTIVE PROTECTION OF THE MAJOR strengths for such fiscal year, and for
the FAST program under this section— RANGE AND TEST FACILITY BASE.
other purposes; which was ordered to
‘‘(A) the Administrator shall make and (a) AUTHORITY.—The Secretary of Defense
may take, and may authorize members of lie on the table; as follows:
enter into awards or cooperative agreements;
‘‘(B) each award or cooperative agreement the Armed Forces and officers and civilian On page 125, line 19, strike ‘‘foam’’ and in-
described in subparagraph (A) shall be for employees of the Department of Defense to sert ‘‘solution’’.
not more than $500,000, which shall be pro- take, such actions described in subsection (b)
as are necessary to mitigate the threat, as SA 4232. Mr. REED (for himself and
vided over 2 fiscal years; and
‘‘(C) any amounts left unused in the third determined by the Secretary, that a space- Mr. INHOFE) submitted an amendment
quarter of the second fiscal year may be re- based asset may pose to the security or oper- intended to be proposed to amendment
tained by the Administrator for future FAST ation of the Major Range and Test Facility SA 3867 submitted by Mr. REED and in-
program awards. Base (as defined in section 196(i) of title 10, tended to be proposed to the bill H.R.
‘‘(5) REPORTING.—Not later than 6 months United States Code).
(b) ACTIONS DESCRIBED.—The actions de-
4350, to authorize appropriations for
after receiving an award or entering into a fiscal year 2022 for military activities
scribed in this subsection are the following:
cooperative agreement under this section, a of the Department of Defense, for mili-
(1) To detect, identify, monitor, and track
recipient shall report to the Administrator—
space-based assets without consent. tary construction, and for defense ac-
‘‘(A) the number of awards made under the
SBIR or STTR program;
(2) Consistent with the statutory authority tivities of the Department of Energy,
of the Secretary, to take such proactive ac- to prescribe military personnel
‘‘(B) the number of applications submitted
tions as necessary to ensure that the Major strengths for such fiscal year, and for
for the SBIR or STTR program;
Range and Test Facility Base is able to per-
‘‘(C) the number of consulting hours spent; other purposes; which was ordered to
form its intended function and meet oper-
‘‘(D) the number of training events con- lie on the table; as follows:
ational and security requirements.
ducted; and At the end of subtitle G of title V, add the
‘‘(E) any issues encountered in the man- SA 4230. Mrs. GILLIBRAND sub- following:
agement and application of the FAST pro-
gram.’’;
mitted an amendment intended to be SEC. 596. AUTHORIZATION TO AWARD MEDAL OF
proposed to amendment SA 3867 sub- HONOR TO PRIVATE FIRST CLASS
(4) in subsection (f)— CHARLES R. JOHNSON FOR ACTS OF
(A) in paragraph (1)— mitted by Mr. REED and intended to be VALOR DURING THE KOREAN WAR.
(i) in the matter preceding subparagraph proposed to the bill H.R. 4350, to au- (a) WAIVER OF TIME LIMITATIONS.—Not-
(A)— thorize appropriations for fiscal year withstanding the time limitations specified
(I) by striking ‘‘Small Business Innovation 2022 for military activities of the De- in section 7274 of title 10, United States
Research Program Reauthorization Act of partment of Defense, for military con- Code, or any other time limitation with re-
2000’’ and inserting ‘‘National Defense Au- struction, and for defense activities of spect to the awarding of certain medals to
thorization Act for Fiscal Year 2022’’; and the Department of Energy, to prescribe persons who served in the Armed Forces, the
ctelli on DSK11ZRN23PROD with SENATE
(II) by inserting ‘‘and Entrepreneurship’’ President may award the Medal of Honor
before ‘‘of the Senate’’;
military personnel strengths for such
under section 7271 of such title to Private
(ii) in subparagraph (B), by striking ‘‘and’’ fiscal year, and for other purposes; First Class (PFC) Charles R. Johnson for the
at the end; which was ordered to lie on the table; acts of valor described in subsection (b).
(iii) in subparagraph (C), by striking the as follows: (b) ACTS OF VALOR DESCRIBED.—The acts of
period at the end and inserting ‘‘; and’’; and At the end of subtitle B of title III, add the valor referred to in subsection (a) are the ac-
(iv) by adding at the end the following: following: tions of PFC Charles R. Johnson on June 11-
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S7732 CONGRESSIONAL RECORD — SENATE November 3, 2021
12, 1953, as a member of the Army serving in (3) serve as the interagency lead for identi- (13) perform such other functions as the
Korea during the Korean War. fying critical skills to address national secu- President may direct.
--- rity and other needs of the United States, (d) RESPONSIBILITIES OF THE DIRECTOR OF
SA 4233. Mr. REED (for himself and with responsibility for coordinating govern- THE COUNCIL.—In addition to duties relating
Mr. YOUNG) submitted an amendment mentwide efforts to address gaps in critical to the responsibilities of the Council de-
intended to be proposed to amendment skills and identifying methods to recruit and scribed in subsection (c), the Director of the
SA 3867 submitted by Mr. REED and in- retain individuals possessing such critical Council shall—
skills; (1) coordinate with the Assistant to the
tended to be proposed to the bill H.R.
(4) serve as a forum for Federal officials re- President for National Security Affairs for
4350, to authorize appropriations for any matter that may affect national secu-
fiscal year 2022 for military activities sponsible for military service, national serv-
ice, and public service programs to coordi- rity;
of the Department of Defense, for mili- (2) at the discretion of the President, serve
nate and develop interagency, cross-service
tary construction, and for defense ac- initiatives;
as spokesperson of the executive branch on
tivities of the Department of Energy, (5) lead the effort of the Federal Govern-
issues related to military service, national
to prescribe military personnel service, and public service;
ment to develop joint awareness and recruit-
strengths for such fiscal year, and for (3) upon request by a committee or sub-
ment, retention, and marketing initiatives
committee of the Senate or of the House of
other purposes; which was ordered to involving military service, national service,
Representatives, appear before any such
lie on the table; as follows: and public service, including the sharing of
committee or subcommittee to represent the
In title X, add at the end the following: marketing and recruiting research between
position of the executive branch on matters
Subtitle H—Council on Military, National, and among service agencies;
within the scope of the responsibilities of the
and Public Service (6) consider approaches for assessing im- Council; and
SEC. 1071. ESTABLISHMENT OF COUNCIL ON
pacts of service on the needs of the United (4) perform such other functions as the
MILITARY, NATIONAL, AND PUBLIC States and individuals participating in and President may direct.
SERVICE. benefitting from such service; (e) ORGANIZATIONAL MATTERS.—
(a) ESTABLISHMENT.— (7) consult, as the Council considers advis- (1) ASSISTANT TO THE PRESIDENT FOR MILI-
(1) IN GENERAL.—There is established in the able, with representatives of non-Federal en- TARY, NATIONAL, AND PUBLIC SERVICE.—The
Executive Office of the President a Council tities, including State, local, and Tribal gov- Assistant to the President for Military, Na-
on Military, National, and Public Service (in ernments, State and local educational agen- tional, and Public Service shall be com-
this section referred to as the ‘‘Council’’). cies, State Commissions, institutions of pensated at the rate of basic pay prescribed
(2) FUNCTIONS.—The Council shall— higher education, nonprofit organizations, for level II of the Executive Schedule under
(A) advise the President with respect to philanthropic organizations, and the private section 5313 of title 5, United States Code.
promoting and expanding opportunities for sector, in order to promote and develop ini- (2) STAFF.—The Council may employ offi-
military service, national service, and public tiatives to foster and reward military serv- cers and employees as necessary to carry out
service for all people of the United States; ice, national service, and public service; of the functions of the Council. Such officers
(B) coordinate policies and initiatives of (8) oversee the response to and implemen- and employees of the Council shall be com-
the executive branch to promote and expand tation of, as appropriate, the recommenda- pensated at a rate not more than the rate of
opportunities for military service, national tions of the National Commission on Mili- basic pay prescribed for level IV of the Exec-
service, and public service; and tary, National, and Public Service estab- utive Schedule under section 5315 of title 5,
(C) coordinate policies and initiatives of lished under section 553 of the National De- United States Code.
the executive branch to foster an increased fense Authorization Act for Fiscal Year 2017 (3) EXPERTS AND CONSULTANTS.—The Coun-
sense of service and civic responsibility (Public Law 114–328; 130 Stat. 2132); cil may, as necessary to carry out of the
among all people of the United States. (9) not later than 2 years after the date of functions of the Council, procure temporary
(b) COMPOSITION.— enactment of this Act, and quadrennially and intermittent services of experts and con-
(1) DIRECTOR.—The President shall appoint thereafter, prepare and submit to the Presi- sultants under section 3109(b) of title 5,
an individual to serve as the Assistant to the dent and Congress a Quadrennial Military, United States Code, at rates for individuals
President for Military, National, and Public National, and Public Service Strategy, which that do not exceed the daily equivalent of
Service and the Director of the Council, who shall set forth— the annual rate of basic pay prescribed for
shall serve at the pleasure of the President. (A) a review of programs and initiatives of level V of the Executive Schedule under sec-
The Assistant to the President for Military, the Federal Government relating to the tion 5316 of that title.
National, and Public Service shall serve as mandate of the Council; (4) ADVISORY COMMITTEES.—The Council
the head of the Council. (B) notable initiatives by State, local, and may, in carrying out the functions of the
(2) MEMBERSHIP.—In addition to the Direc- Tribal governments and by nongovernmental Council, direct a member of the Council to
tor, the Council shall be composed of such of- entities to increase awareness of and partici- establish advisory committees composed of
ficers as the President may designate. pation in service programs; representatives from outside the Federal
(3) MEETINGS.—The Council shall meet on a (C) current and foreseeable trends for serv- Government.
quarterly basis, or more frequently as the ice to address the needs of the United States; (5) AUTHORITY TO ACCEPT GIFTS.—The Coun-
Director of the Council may direct. and cil may accept, use, and dispose of gifts or
(c) RESPONSIBILITIES OF THE COUNCIL.—The (D) a program for addressing any defi- donations of services, goods, and property,
Council shall— ciencies identified by the Council, together except for cash, from non-Federal entities
(1) assist and advise the President and the with recommendations for legislation; for the purposes of aiding and facilitating
heads of Executive agencies in the establish- (10) not later than 4 years after the date of the work of the Council.
ment of policies, goals, objectives, and prior- enactment of this Act, and quadrennially (6) AUTHORITY TO ACCEPT VOLUNTARY SERV-
ities to promote service and civic responsi- thereafter, prepare and submit to the Presi- ICES.—Notwithstanding section 1342 of title
bility among all people of the United States; dent and Congress a Quadrennial Report on 31, United States Code, the Council may ac-
(2) develop and recommend to the Presi- Cross-Service Participation on the basis of cept and employ voluntary and uncompen-
dent and the heads of Executive agencies the activities carried out under the strategy sated services in furtherance of the purposes
policies of common interest to Executive submitted under paragraph (9); of the Council.
agencies for increasing the participation, (11) prepare, for inclusion in the annual (f) AUTHORIZATION OF APPROPRIATIONS.—
and propensity of people of the United States budget submission by the President to Con- There are authorized to be appropriated such
to participate, in military service, national gress under section 1105 of title 31, United sums as may be necessary to carry out this
service, and public service in order to ad- States Code, a detailed, separate analysis by section.
dress national security and other current budget function, by agency, and by initiative (g) CONFORMING AMENDMENT.—Section
and future needs of the United States includ- area for the preceding fiscal year, the cur- 1105(a) of title 31, United States Code, is
ing policies for— rent fiscal year, and the fiscal years for amended by adding at the end the following:
(A) reevaluating benefits for the Federal which the budget is submitted, identifying ‘‘(40) a separate statement of the amount
public service and national service programs the amounts of gross and net appropriations of appropriations requested for the Council
in order to increase awareness of and remove or obligational authority and outlays for ini- on Military, National, and Public Service in
barriers to entry into such programs; tiatives, consistent with the priorities of the the Executive Office of the President.
(B) ensuring that the participation in and President, under the Quadrennial Military, ‘‘(41) a detailed, separate analysis by budg-
leadership of the military, the Federal public National, and Public Service Strategy, with et function, by agency, and by initiative area
ctelli on DSK11ZRN23PROD with SENATE
service, and national service programs re- separate displays for mandatory and discre- for the preceding fiscal year, the current fis-
flects the diversity of the United States in- tionary amounts; cal year, and the fiscal years for which the
cluding by race, gender, ethnicity, and dis- (12) develop a joint national service mes- budget is submitted, identifying the amounts
ability status; and saging strategy that incorporates domestic of gross and net appropriations or
(C) developing pathways to service for high and international service that both the Cor- obligational authority and outlays for initia-
school graduates, college students, and re- poration for National and Community Serv- tives, consistent with the priorities of the
cent college graduates; ice and the Peace Corps would promote; and President, under the Quadrennial Military,
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7733
National, and Public Service Strategy re- (ii) INFORMATION AND CONSENT FROM INDI- pating in the Service Platform shall make
quired by section 1071(c)(9) of the National VIDUAL.—An individual meeting the criteria available on the Service Platform—
Defense Authorization Act for Fiscal Year established under subparagraph (A) and seek- (A) information sufficient for a member to
2022, with separate displays for mandatory ing to become a member— identify and understand the service opportu-
and discretionary amounts.’’. (I) shall provide to the Director such infor- nities and service mission of such service or-
SEC. 1072. INTERNET-BASED SERVICE PLATFORM. mation as the Director may determine nec- ganization;
(a) DECLARATION OF POLICY.—It is the pol- essary to facilitate the functionality of the (B) information on the availability of serv-
icy of the United States, in promoting a cul- Service Platform; ice opportunities by service type;
ture of service in the United States and (II) shall, unless specifically electing not (C) internet links to the hiring and recruit-
meeting the recruiting needs for military to, consent to share any information entered ing websites of such service organization;
service, national service, and public service into the Service Platform with, and to be and
programs, to provide a comprehensive, inter- contacted by, any public service or national (D) such additional information as the Di-
active, and integrated internet-based plat- service organization that participates in the rector may require.
form to enable the people of the United Service Platform; (4) ADDITIONAL PLATFORMS NOT PRE-
States to learn about and connect with serv- (III) may consent to share any information CLUDED.—Nothing in this subsection shall
ice organizations and opportunities and as- entered into the Service Platform with, and prevent any service organization from estab-
sist in the recruiting needs of service organi- to be contacted by, any uniformed service lishing or maintaining a separate internet-
zations. that participates in the Service Platform; based system or platform to recruit individ-
(b) DEFINITIONS.—In this section: (IV) may consent to be contacted for po- uals for employment or for volunteer or
(1) DIRECTOR.—The term ‘‘Director’’ means tential service with any national service or other service opportunities.
the Director of the Council on Military, Na- public service organization in the event of a (f) MINIMUM DESIGN REQUIREMENTS.—The
tional, and Public Service. national emergency; and Service Platform shall—
(2) MEMBER.—The term ‘‘member’’ means (V) may consent to be contacted to join (1) provide the public with access to infor-
an individual who is a member of the Service the uniformed services on a voluntary basis mation on service organizations and service
Platform under this section. during an emergency requiring national mo- opportunities through an internet-based sys-
(3) SERVICE MISSION.—The term ‘‘service bilization. tem that is user-friendly, interactive, acces-
mission’’ means the objectives of a service (iii) VERIFICATION.—Upon receipt of the in-
sible, and fully functional through mobile
organization or a service opportunity. formation and, as relevant, consent from an
applications and other widely used commu-
(4) SERVICE OPPORTUNITY.—The term ‘‘serv- individual under clause (ii), the Director
nications media, without a requirement that
ice opportunity’’ means any paid, volunteer, shall—
any person seeking such access register as a
or other position with a service organization. (I) verify that the individual has not pre-
member;
(5) SERVICE ORGANIZATION.—The term viously registered as a member; and
(2) provide an individual with the ability to
‘‘service organization’’ means any military (II) if such individual has not previously
register as a member in order to customize
service, national service, or public service registered as a member, register such indi-
their experience in accordance with sub-
organization that participates in the Service vidual as a member and by written notice
(including by electronic communication), no- section (d)(3)(A), including providing mecha-
Platform.
tify such member of such registration. nisms to—
(6) SERVICE PLATFORM.—The term ‘‘Service
(3) USE OF SERVICE PLATFORM.— (A) connect such member with service or-
Platform’’ means the comprehensive, inter-
(A) ADDITIONAL INFORMATION.—The Service ganizations and service opportunities that
active, and integrated internet-based plat-
Platform shall enable a member to provide match the interests of the member; and
form established under this section.
additional information to improve the (B) ensure robust search capabilities to fa-
(7) SERVICE TYPE.—The term ‘‘service
functionality of the Service Platform, as de- cilitate the ability of the member to explore
type’’ means the period and form of service
termined relevant by the Director, including service organizations and service opportuni-
with a service organization, including part-
information regarding the member’s— ties;
time, full-time, term limited, sabbatical,
(i) educational background; (3) include mechanisms to enable a service
temporary, episodic, or emergency options
(ii) employment background; organization to connect with members who
for paid, volunteer, or stipend-based service.
(iii) professional skills, training, licenses, have consented to be contacted and meet the
(8) STATE.—The term ‘‘State’’ means the
and certifications; needs of such service organization;
several States, the District of Columbia, the
(iv) service organization preferences; (4) incorporate, to the extent permitted by
Commonwealth of Puerto Rico, and any
(v) service type preferences; law and regulation, the ability of a member
other territory or possession of the United
(vi) service mission preferences; and to securely upload information on education,
States.
(vii) geographic preferences. employment, and skills related to the serv-
(9) UNIFORMED SERVICES.—The term ‘‘uni-
(B) UPDATES.—A member may, at any ice organizations and service opportunities
formed services’’ has the meaning given such
time, update the personal and other informa- from internet-based professional, recruiting,
term in subsection (a)(5) of section 101 of
tion of the member available on the Service and social media systems, consistent with
title 10, United States Code.
Platform. security requirements;
(c) ESTABLISHMENT OF THE SERVICE PLAT-
FORM.—The Director, in coordination with (C) RENEWAL OF CONSENT REGARDING MILI- (5) ensure compatibility with relevant in-
the Director of the Office of Management TARY SERVICE.—The Director shall send to a formation systems of Executive agencies and
and Budget, shall establish, maintain, and member who consents to serve under para- military departments;
promote the Service Platform to serve as a graph (2)(B)(ii)(V) an annual request to con- (6) use state-of-the-art technology and ana-
centralized resource and database for the firm the continued consent to serve by the lytical tools to facilitate the efficacy of the
people of the United States to learn about member. Service Platform in connecting members
and connect with organizations and opportu- (4) WITHDRAWAL OF MEMBERS.—A member with service opportunities and service orga-
nities related to military service, national may withdraw as a member by submitting to nizations; and
service, or public service and for such organi- the Director a request to withdraw. Not later (7) retain all personal information in a
zations to identify people of the United than 30 days after the date of such request to manner that protects the privacy of mem-
States with the skills necessary to address withdraw, all records regarding such member bers in accordance with section 552a of title
the needs of such organizations. shall be removed from the Service Platform 5, United States Code, and other applicable
(d) OPERATION OF SERVICE PLATFORM.— and any other data storage locations the Di- law, provide access to information relating
(1) PUBLIC ACCESSIBILITY.—The Director, in rector may use relating to the Service Plat- to a member only in accordance with the
coordination with the Director of the Office form, notwithstanding any obligations under consent of the member or as required by ap-
of Management and Budget, shall determine, chapter 31 of title 44, United States Code plicable law, and incorporate data security
and make accessible to the public, informa- (commonly known as the ‘‘Federal Records and control policies that are adequate to en-
tion about service organizations and service Act of 1950’’). sure the confidentiality and security of in-
opportunities, without any requirement that (e) SERVICE ORGANIZATIONS.— formation provided and maintained on the
an individual seeking such access become a (1) EXECUTIVE AGENCIES AND MILITARY DE- Service Platform.
member. PARTMENTS.—All Executive agencies and (g) DEVELOPMENT OF SERVICE PLATFORM
(2) MEMBERS.— military departments shall participate in PLAN.—
(A) IN GENERAL.—Any individual meeting the Service Platform as service organiza- (1) IMPLEMENTATION PLAN.—Not later than
criteria established by the Director by regu- tions. 180 days after the date of enactment of this
lation may register as a member under sub- (2) NON-FEDERAL SERVICE ORGANIZATIONS.— Act, the Director, in coordination with the
ctelli on DSK11ZRN23PROD with SENATE
paragraph (B). State, local, and Tribal government agen- Director of the Office of Management and
(B) REGISTRATION.— cies, and nongovernmental organizations Budget, shall develop a detailed plan to im-
(i) IN GENERAL.—An individual that reg- that undertake national service programs, plement the Service Platform that complies
isters under this subparagraph as a member may participate in the Service Platform, with all the requirements of this section.
shall be entitled to access information about subject to subsection (h). (2) CONSULTATION REQUIRED.—In developing
service organizations and service opportuni- (3) INFORMATION ON SERVICE ORGANIZA- the plan under this subsection, the Director
ties available through the Service Platform. TIONS.—Each service organization partici- shall consult with the Secretary of Defense,
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S7734 CONGRESSIONAL RECORD — SENATE November 3, 2021
the Chief Executive Officer of the Corpora- istrants, on the website of the Selective SEC. 1075. INFORMATION SHARING TO ADVANCE
tion for National and Community Service, Service System and in communications with MILITARY AND NATIONAL SERVICE.
the Director of the Office of Personnel Man- registrants relating to registration, informa- (a) ESTABLISHMENT OF PLAN.—The Sec-
agement, the head of the United States Dig- tion about the Service Platform established retary of Defense, the Chief Executive Offi-
ital Service and, as needed, the heads of under section 1072 of the National Defense cer of the Corporation for National and Com-
other Executive agencies. Such consultation Authorization Act for Fiscal Year 2022. The munity Service, and the Director of the
may include seeking assistance in the de- Director of Selective Service shall provide to Peace Corps shall establish a joint plan to
sign, development, and creation of the Serv- each registrant, at the time of registration, provide an applicant who is ineligible, or
ice Platform. an option to transfer to the Service Platform otherwise not selected, for service in the
(3) TECHNICAL ADVICE PERMITTED.— the information the registrant has provided Armed Forces, in a national service program
(A) IN GENERAL.—In developing the plan to the Selective Service System. The Direc- administered by the Corporation for Na-
under this subsection, the Director may— tor of Selective Service shall consult with tional and Community Service, or in the
(i) seek and receive technical advice from the Director of the Council on Military, Na- Peace Corps, with information about the
experts outside of the Federal Government; tional, and Public Service to ensure that in- forms of service for which such applicant has
and formation provided by the Selective Service not applied.
(ii) form a committee of such experts to as- System is compatible with the information (b) REPORT TO CONGRESS.—Not later than
sist in the design and development of the requirements of the Service Platform.’’. 12 months after the date of enactment of this
Service Platform. Act, the Secretary of Defense, the Chief Ex-
SEC. 1073. PILOT PROGRAM TO COORDINATE
(B) VOLUNTEER SERVICE.—Notwithstanding MILITARY, NATIONAL, AND PUBLIC ecutive Officer of the Corporation for Na-
section 1342 of title 31, United States Code, SERVICE RECRUITMENT. tional and Community Service, and the Di-
the Director may accept the voluntary serv- (a) PILOT PROGRAM AUTHORIZED.—The Di- rector of the Peace Corps shall submit to
ices of such experts under this paragraph. rector of the Council on Military, National, Congress a report on the plan established
(C) FEDERAL ADVISORY COMMITTEE ACT.—A and Public Service may carry out a pilot under subsection (a).
committee of the experts formed under this program in coordination with departments SEC. 1076.TRANSITION OPPORTUNITIES FOR
paragraph shall not be subject to the Federal MILITARY SERVICEMEMBERS AND
and agencies responsible for recruiting indi- NATIONAL SERVICE PARTICIPANTS.
Advisory Committee Act (5 U.S.C. App.). viduals for military service, national service,
(4) INFORMATION COLLECTION AUTHORIZED.— (a) EMPLOYMENT ASSISTANCE.—Section
and public service, to focus on recruiting in- 1143(c)(1) of title 10, United States Code, is
(A) IN GENERAL.—In developing the plan dividuals from underserved markets and de-
under this subsection, the Director may col- amended by inserting ‘‘the Corporation for
mographic populations, such as those defined National and Community Service,’’ after
lect information from the public through by gender, geography, socioeconomic status,
focus groups, surveys, and other mecha- ‘‘State employment agencies,’’.
and critical skills, as determined by each (b) EMPLOYMENT ASSISTANCE, JOB TRAINING
nisms.
participating department or agency, to bet- ASSISTANCE, AND OTHER TRANSITIONAL SERV-
(B) PAPERWORK REDUCTION ACT.—The re-
ter reflect the demographics of the United ICES: DEPARTMENT OF LABOR.—
quirements under subchapter I of chapter 35
States while ensuring that recruiting needs (1) IN GENERAL.—Section 1144 of title 10,
of title 44, United States Code (commonly
are met. United States Code, is amended—
known as the ‘‘Paperwork Reduction Act’’)
(b) CONSULTATION.—In developing a pilot (A) in subsection (a)—
shall not apply to activities authorized
program under this section, the Director of (i) in paragraph (1), by striking ‘‘and the
under this paragraph.
(h) REGULATIONS.—Not later than 12 the Council on Military, National, and Pub- Secretary of Veterans Affairs,’’ and inserting
months after the date of enactment of this lic Service shall consult with the Secretary ‘‘the Secretary of Veterans Affairs, and the
Act, the Director of the Office of Manage- of Defense, the Secretary of Homeland Secu- Chief Executive Officer of the Corporation
ment and Budget shall issue regulations to rity, the secretaries of the military depart- for National and Community Service,’’;
carry out this section including— ments, the Commandant of the United (ii) in paragraph (2), by striking ‘‘and the
(1) procedures that enable State, local, and States Coast Guard, the Chief Executive Offi- Secretary of Veterans Affairs’’ and inserting
Tribal government agencies to participate in cer of the Corporation for National and Com- ‘‘the Secretary of Veterans Affairs, and the
the Service Platform as service organiza- munity Service, the Director of the Peace Chief Executive Officer of the Corporation
tions; Corps, and the Director of the Office of Per- for National and Community Service’’; and
(2) procedures that enable nongovern- sonnel Management. (iii) in paragraph (3), by inserting ‘‘and the
mental organizations that undertake na- (c) DURATION.—The pilot program under Chief Executive Officer’’ after ‘‘The Secre-
tional service programs to participate in the this section shall terminate not earlier than taries’’;
Service Platform as service organizations; 2 years after the date of commencement of (B) in subsection (b), by adding at the end
and such pilot program. the following:
(3) a timeline to implement the procedures (d) STATUS REPORTS.—Not later than 12 ‘‘(11) Provide information on public service
described in subparagraphs (A) and (B). months after the date of commencement of opportunities, training on public service job
(i) REPORTS TO CONGRESS.—Not later than the pilot program authorized under this sec- recruiting, and the advantages of careers
12 months after the date of enactment of this tion, and not later than 12 months there- with the Federal Government.’’;
Act and annually thereafter, the Director, in after, the Director of the Council on Mili- (C) in subsection (c)(2)(A), by striking ‘‘and
coordination with the Director of the Office tary, National, and Public Service shall sub- the Secretary of Veterans Affairs,’’ and in-
of Management and Budget, shall provide a mit to Congress reports evaluating the pilot serting ‘‘, the Secretary of Veterans Affairs,
report to Congress on the Service Platform. program carried out under this section. and the Chief Executive Officer of the Cor-
Such report shall include the following: (e) AUTHORIZATION OF APPROPRIATIONS.— poration for National and Community Serv-
(1) Details on the status of implementation There are authorized to be appropriated such ice,’’;
of the Service Platform and plans for further sums as may be necessary to carry out this (D) in subsection (d), in the matter pre-
development of the Service Platform. section. ceding paragraph (1), by inserting ‘‘and the
(2) Participation rates of service organiza- SEC. 1074. JOINT MARKET RESEARCH AND RE- Chief Executive Officer of the Corporation
tions and members. CRUITING PROGRAM TO ADVANCE for National and Community Service’’ after
(3) The number of individuals visiting the MILITARY AND NATIONAL SERVICE. ‘‘the Secretaries’’; and
Service Platform, the number of service or- (a) PROGRAM AUTHORIZED.—The Secretary (E) by adding at the end the following new
ganizations participating in the platform, of Defense, the Chief Executive Officer of the subsection:
and the number of service opportunities Corporation for National and Community ‘‘(g) CORPORATION FOR NATIONAL AND COM-
available in the preceding 12-month period. Service, and the Director of the Peace Corps MUNITY SERVICE PROGRAMS.—In establishing
(4) Information on any cybersecurity or may carry out a joint market research, mar- and carrying out a program under this sec-
privacy concerns. ket studies, recruiting, and advertising pro- tion, the Chief Executive Officer of the Cor-
(5) The results of any surveys or studies gram to complement the existing programs poration for National and Community Serv-
undertaken to increase the use and efficacy of the military departments, the national ice shall do the following:
of the Service Platform. service programs administered by the Cor- ‘‘(1) Provide information concerning na-
(6) Any additional information the Direc-
poration, and the Peace Corps. tional service opportunities, including—
tor or the President considers appropriate.
(j) AUTHORIZATION OF APPROPRIATIONS.— (b) INFORMATION SHARING PERMITTED.—Sec- ‘‘(A) opportunities to acquire and enhance
There are authorized to be appropriated to tion 503 of title 10, United States Code, shall technical skills available through national
the Director for each fiscal year such funds not be construed to prohibit sharing of infor- service;
as may be necessary to carry out this sec- mation among, or joint marketing efforts of, ‘‘(B) certifications and verifications of job
ctelli on DSK11ZRN23PROD with SENATE
tion. the Department of Defense, the Corporation skills and experience available through na-
(k) SELECTIVE SERVICE SYSTEM.—Section 10 for National and Community Service, and tional service;
of the Military Selective Service Act (50 the Peace Corps to carry out this section. ‘‘(C) support services and benefits available
U.S.C. 3809) is amended by adding at the end (c) AUTHORIZATION OF APPROPRIATIONS.— during terms of national service; and
the following: There are authorized to be appropriated such ‘‘(D) job analysis techniques, job search
‘‘(i) SERVICE PLATFORM.—The Director of sums as may be necessary for carrying out techniques, and job interview techniques spe-
Selective Service shall provide to all reg- this section. cific to approved national service positions
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7735
(as defined in section 101 of the National and Corps or in a program administered by the public good by protecting the Nation and the
Community Service Act of 1990 (42 U.S.C. Corporation for National and Community citizens of the United States, strengthening
12511)). Service. communities, States, or the United States,
‘‘(2) Inform members of the armed forces (3) An assessment of existing (as of the or promoting the general social welfare.
that the Department of Defense and the De- date of the reports submission) joint recruit- (8) STATE COMMISSION.—The term ‘‘State
partment of Homeland Security are required, ment and advertising initiatives undertaken Commission’’ means a State Commission on
under section 1143(a) of this title, to provide by the Department of Defense, the Peace National and Community Service main-
proper certification or verification of job Corps, or the Corporation for National and tained by a State pursuant to section 178 of
skills and experience acquired while on ac- Community Service. the National and Community Service Act of
tive duty that may have application to serv- (4) An assessment of the feasibility and 1990 (42 U.S.C. 12638).
ice in programs of the Corporation for Na- cost of expanding such existing initiatives. ---
tional and Community Service. (5) An assessment of ways to improve the SA 4234. Mrs. SHAHEEN (for herself,
‘‘(3) Work with military and veterans’ serv- ability of the reporting agencies to recruit Ms. COLLINS, Mr. WARNER, Mr. RUBIO,
ice organizations and other appropriate orga- individuals from the other reporting agen- Mr. RISCH, and Mr. MENENDEZ) sub-
nizations in promoting and publicizing job cies. mitted an amendment intended to be
fairs for such members. (c) CONSULTATION.—The Director of the
proposed to amendment SA 3867 sub-
‘‘(4) Provide information about disability- Council on Military, National, and Public
related employment and education protec- Service established under section 1071, the mitted by Mr. REED and intended to be
tions.’’. Secretary of Defense, the Chief Executive Of- proposed to the bill H.R. 4350, to au-
(2) CONFORMING AND CLERICAL AMEND- ficer of the Corporation for National and thorize appropriations for fiscal year
MENTS.— Community Service, and the Director of the 2022 for military activities of the De-
(A) HEADING AMENDMENT.—The heading of Peace Corps shall undertake studies of re- partment of Defense, for military con-
section 1144 of such title is amended to read cruiting efforts that are necessary to carry struction, and for defense activities of
as follows: out the provisions of this section. Such stud- the Department of Energy, to prescribe
‘‘§ 1144. Employment assistance, job training ies may be conducted using any funds appro-
military personnel strengths for such
assistance, and other transitional services: priated to those entities under Federal law
other than this subtitle. fiscal year, and for other purposes;
Department of Labor and the Corporation
for National and Community Service’’. SEC. 1078. DEFINITIONS.
which was ordered to lie on the table;
In this subtitle: as follows:
(B) TABLE OF SECTIONS.—The table of sec-
tions at the beginning of chapter 58 of such (1) COUNCIL ON MILITARY, NATIONAL, AND Strike section 1053 and insert the fol-
title is amended by striking the item relat- PUBLIC SERVICE.—The term ‘‘Council on Mili- lowing:
ing to section 1144 and inserting the fol- tary, National, and Public Service’’ means SEC. 1053. ANOMALOUS HEALTH INCIDENTS.
lowing new item: the Council on Military, National, and Pub- (a) DEFINITIONS.—In this section:
‘‘1144. Employment assistance, job training lic Service established under section 1071. (1) AGENCY COORDINATION LEAD.—The term
assistance, and other transi- (2) EXECUTIVE AGENCY.—The term ‘‘Execu- ‘‘Agency Coordination Lead’’ means a senior
tional services: Department of tive agency’’ has the meaning given that official designated by the head of a relevant
Labor and the Corporation for term in section 105 of title 5, United States agency to serve as the Anomalous Health In-
National and Community Serv- Code. cident Agency Coordination Lead for such
ice.’’. (3) MILITARY DEPARTMENT.—The term agency.
(c) AUTHORITIES AND DUTIES OF THE CHIEF ‘‘military department’’ means each of the (2) APPROPRIATE NATIONAL SECURITY COM-
EXECUTIVE OFFICER.—Section 193A(b) of the military departments listed in section 102 of MITTEES.—The term ‘‘appropriate national
National and Community Service Act of 1990 title 5, United States Code. security committees’’ means—
(42 U.S.C. 12651d(b)) is amended— (4) MILITARY SERVICE.—The term ‘‘military (A) the Committee on Armed Services of
(1) in paragraph (24), by striking ‘‘and’’ at service’’ means active service (as defined in the Senate;
the end; subsection (d)(3) of section 101 of title 10, (B) the Committee on Foreign Relations of
(2) in paragraph (25), by striking the period United States Code) or active status (as de- the Senate;
at the end and inserting ‘‘; and’’; and fined in subsection (d)(4) of such section) in (C) the Select Committee on Intelligence
(3) by adding at the end the following new one of the Armed Forces (as defined in sub- of the Senate;
paragraph: section (a)(4) of such section). (D) the Committee on Homeland Security
‘‘(26) ensure that individuals completing a (5) NATIONAL SERVICE.—The term ‘‘national and Governmental Affairs of the Senate;
partial or full term of service in a program service’’ means participation, other than (E) the Committee on the Judiciary of the
under subtitle C or E or part A of title I of military service or public service, in a pro- Senate;
the Domestic Volunteer Service Act of 1973 gram that— (F) the Committee on Armed Services of
(42 U.S.C. 4951 et seq.) receive information (A) is designed to enhance the common the House of Representatives;
about military and public service opportuni- good and meet the needs of communities, the (G) the Committee on Foreign Affairs of
ties for which they may qualify or in which States, or the United States; the House of Representatives;
they may be interested.’’. (B) is funded or facilitated by— (H) the Permanent Select Committee on
SEC. 1077. JOINT REPORT TO CONGRESS ON INI- (i) an organization described in section Intelligence of the House of Representatives;
TIATIVES TO INTEGRATE MILITARY 501(c)(3) of the Internal Revenue Code of 1986 (I) the Committee on Homeland Security
AND NATIONAL SERVICE. and exempt from tax under section 501(a) of of the House of Representatives; and
(a) REPORTING REQUIREMENT.—Not later such Code; (J) the Committee on the Judiciary of the
than 4 years after the date of enactment of (ii) an institution of higher education as House of Representatives.
this Act and quadrennially thereafter, the defined in section 101 of the Higher Edu- (3) INTERAGENCY COORDINATOR.—The term
Director of the Council on Military, Na- cation Act of 1965 (20 U.S.C. 1001); or ‘‘Interagency Coordinator’’ means the Anom-
tional, and Public Service established under (iii) the Federal Government or a State, alous Health Incidents Interagency Coordi-
section 1071, in coordination with the Sec- Tribal, or local government; and nator designated pursuant to subsection
retary of Defense, the Chief Executive Offi- (C) is a program— (b)(1).
cer of the Corporation for National and Com- (i) authorized in— (4) RELEVANT AGENCIES.—The term ‘‘rel-
munity Service, and the Director of the (I) the Peace Corps Act (22 U.S.C. 2501 et evant agencies’’ means—
Peace Corps, shall submit to Congress a joint seq.); (A) the Department of Defense;
report on cross-service recruitment, includ- (II) section 171 of the Workforce Innovation (B) the Department of State;
ing recommendations for increasing joint ad- and Opportunity Act (29 U.S.C. 3226) relating (C) the Office of the Director of National
vertising and recruitment initiatives for the to the YouthBuild Program; Intelligence;
Armed Forces, programs administered by the (III) the Domestic Volunteer Service Act of (D) the Department of Justice;
Corporation for National and Community 1973 (42 U.S.C. 4950 et seq.); or (E) the Department of Homeland Security;
Service, and the Peace Corps. (IV) the National and Community Service and
(b) CONTENTS OF REPORT.—Each report Act of 1990 (42 U.S.C. 12501 et seq.); or (F) other agencies and bodies designated by
under subsection (a) shall include the fol- (ii) determined to be another relevant pro- the Interagency Coordinator.
lowing: gram by the Director of the Council on Mili- (b) ANOMALOUS HEALTH INCIDENTS INTER-
(1) The number of Peace Corps volunteers tary, National, and Public Service. AGENCY COORDINATOR.—
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and participants in national service pro- (6) PUBLIC SERVICE.—The term ‘‘public (1) DESIGNATION.—Not later than 30 days
grams administered by the Corporation for service’’ means civilian employment in the after the date of the enactment of this Act,
National and Community Service, who pre- Federal Government or a State, Tribal, or the President shall designate an appropriate
viously served as a member of the Armed local government. senior official as the ‘‘Anomalous Health In-
Forces. (7) SERVICE.—The term ‘‘service’’ means a cidents Interagency Coordinator’’, who shall
(2) The number of members of the Armed personal commitment of time, energy, and work through the President’s designated Na-
Forces who previously served in the Peace talent to a mission that contributes to the tional Security process—
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S7736 CONGRESSIONAL RECORD — SENATE November 3, 2021
(A) to coordinate the United States Gov- (vi) efforts to improve and encourage re- ‘‘(i) took place after the date of the enact-
ernment’s response to anomalous health in- porting of incidents; ment of the National Defense Authorization
cidents; (vii) detailed roles and responsibilities of Act for Fiscal Year 2022; and
(B) to coordinate among relevant agencies Agency Coordination Leads; ‘‘(ii) is not related to sustainment of a
to ensure equitable and timely access to as- (viii) information regarding additional au- weapons system purchased before such date
sessment and care for affected personnel, de- thorities or resources needed to support the of enactment.
pendents, and other appropriate individuals; interagency response; and ‘‘(2) MEMBER OF THE QUADRILATERAL SECU-
(C) to ensure adequate training and edu- (ix) other matters that the Interagency Co- RITY DIALOGUE DEFINED.—In this subsection,
cation for United States Government per- ordinator or the Agency Coordination Leads the term ‘member of the Quadrilateral Secu-
sonnel; and consider appropriate. rity Dialogue’ means Australia, India,
(D) to ensure that information regarding (C) UNCLASSIFIED BRIEFING SUMMARY.—The Japan, or the United States.’’.
anomalous health incidents is efficiently Agency Coordination Leads shall provide a
shared across relevant agencies in a manner coordinated, unclassified summary of the SA 4236. Mr. DAINES (for himself,
that provides appropriate protections for briefings to Congress, which shall include as Mr. MCCONNELL, Mr. BURR, Mr.
classified, sensitive, and personal informa- much information as practicable without re- LANKFORD, Mrs. HYDE-SMITH, Mr. MAR-
tion. vealing classified information or information
SHALL, Mr. TUBERVILLE, Mr. COTTON,
(2) DESIGNATION OF AGENCY COORDINATION that is likely to identify an individual.
(5) RETENTION OF AUTHORITY.—The appoint- Mr. KENNEDY, Mr. LEE, Mrs. BLACK-
LEADS.—
ment of the Interagency Coordinator shall BURN, Mr. JOHNSON, Mr. CASSIDY, Ms.
(A) IN GENERAL.—The head of each relevant
agency shall designate a Senate-confirmed not deprive any Federal agency of any au- LUMMIS, Mr. BRAUN, Mr. CRAMER, Mr.
or other appropriate senior official, who thority to independently perform its author- HOEVEN, Mr. YOUNG, Mr. TOOMEY, Mr.
shall— ized functions. RUBIO, Ms. ERNST, Mr. GRASSLEY, Mr.
(i) serve as the Anomalous Health Incident (6) RULE OF CONSTRUCTION.—Nothing in this BOOZMAN, Mr. WICKER, Mrs. CAPITO, Ms.
Agency Coordination Lead for the relevant subsection may be construed to limit— COLLINS, Mr. RISCH, Mr. CRAPO, Mr.
agency; (A) the President’s authority under article
HAWLEY, Mr. BARRASSO, and Mr. SCOTT
(ii) report directly to the head of the rel- II of the United States Constitution; or
(B) the provision of health care and bene- of South Carolina) submitted an
evant agency regarding activities carried out
fits to afflicted individuals, consistent with amendment intended to be proposed to
under this section;
(iii) perform functions specific to the rel- existing laws. amendment SA 3867 submitted by Mr.
evant agency, consistent with the directives (c) DEVELOPMENT AND DISSEMINATION OF REED and intended to be proposed to
of the Interagency Coordinator and the es- WORKFORCE GUIDANCE.—The President shall the bill H.R. 4350, to authorize appro-
tablished interagency process; direct relevant agencies to develop and dis- priations for fiscal year 2022 for mili-
(iv) participate in interagency briefings to seminate to their employees, not later than tary activities of the Department of
Congress regarding the United States Gov- 30 days after the date of the enactment of Defense, for military construction, and
ernment response to anomalous health inci- this Act, updated workforce guidance that
describes—
for defense activities of the Depart-
dents; and
(1) the threat posed by anomalous health ment of Energy, to prescribe military
(v) represent the relevant agency in meet-
ings convened by the Interagency Coordi- incidents; personnel strengths for such fiscal
nator. (2) known defensive techniques; and year, and for other purposes; which was
(B) DELEGATION PROHIBITED.—An Agency (3) processes to self-report suspected expo- ordered to lie on the table; as follows:
Coordination Lead may not delegate the re- sure that could be an anomalous health inci- At the end of subtitle A of title X, add the
sponsibilities described in clauses (i) through dent. following:
(v) of subparagraph (A). SEC. 1004. PROHIBITION OF CASH SETTLEMENTS
(3) SECURE REPORTING MECHANISMS.—Not SA 4235. Mr. CRUZ submitted an RESULTING FROM THE LAWFUL AP-
later than 90 days after the date of the enact- amendment intended to be proposed to PLICATION OF THE ZERO TOLER-
ment of this Act, the Interagency Coordi- ANCE POLICY FOR VIOLATIONS OF
amendment SA 3867 submitted by Mr. SECTION 275(A) OF THE IMMIGRA-
nator shall— REED and intended to be proposed to
(A) ensure that agencies develop a process TION AND NATIONALITY ACT.
to provide a secure mechanism for personnel,
the bill H.R. 4350, to authorize appro- Notwithstanding any other provision of
their dependents, and other appropriate indi- priations for fiscal year 2022 for mili- law, no Federal funds may be used for settle-
viduals to self-report any suspected exposure tary activities of the Department of ment payments to individuals who, as a re-
that could be an anomalous health incident; Defense, for military construction, and sult of their violation of section 275(a) of the
(B) ensure that agencies share all relevant for defense activities of the Depart- Immigration and Nationality Act (8 U.S.C.
data with the Office of the Director of Na- ment of Energy, to prescribe military 1325(a)), and in accordance with the policy
tional Intelligence through existing proc- described in the memorandum of the Attor-
personnel strengths for such fiscal
esses coordinated by the Interagency Coordi- ney General regarding ‘‘Zero-Tolerance for
year, and for other purposes; which was Offenses Under 8 U.S.C. § 1325(a)’’, issued on
nator; and
(C) in establishing the mechanism de-
ordered to lie on the table; as follows: April 6, 2018, were detained by U.S. Customs
scribed in subparagraph (A), prioritize secure At the end of subtitle D of title XII, add and Border Protection if such payments are
information collection and handling proc- the following: intended to compensate such individuals for
esses to protect classified, sensitive, and per- SEC. 1237. CERTIFICATION REQUIREMENT FOR being separated from family members during
sonal information. IMPOSING SANCTIONS WITH RE- such detention.
(4) BRIEFINGS.— SPECT TO MEMBERS OF QUADRILAT-
(A) IN GENERAL.—Not later than 60 days ERAL SECURITY DIALOGUE. SA 4237. Mr. SCHATZ submitted an
after the date of the enactment of this Act, Section 231 of the Countering America’s amendment intended to be proposed to
and quarterly thereafter for the following 2 Adversaries Through Sanctions Act (22 amendment SA 3867 submitted by Mr.
years, the Agency Coordination Leads shall U.S.C. 9525) is amended by adding at the end REED and intended to be proposed to
jointly provide a briefing to the appropriate the following:
the bill H.R. 4350, to authorize appro-
national security committees regarding ‘‘(g) SPECIAL RULE FOR MEMBERS OF QUAD-
progress made in achieving the objectives de- RILATERAL SECURITY DIALOGUE.—
priations for fiscal year 2022 for mili-
scribed in paragraph (1). ‘‘(1) IN GENERAL.—During the 10-year pe- tary activities of the Department of
(B) ELEMENTS.—The briefings required riod beginning on the date of the enactment Defense, for military construction, and
under subparagraph (A) shall include— of the National Defense Authorization Act for defense activities of the Depart-
(i) an update on the investigation into for Fiscal Year 2022, the President may not ment of Energy, to prescribe military
anomalous health incidents impacting impose sanctions under this section with re- personnel strengths for such fiscal
United States Government personnel and spect a significant transaction described in year, and for other purposes; which was
their family members, including technical subsection (a) engaged in by the government ordered to lie on the table; as follows:
causation and suspected perpetrators; of a member of the Quadrilateral Security
(ii) an update on new or persistent inci- Dialogue unless, before imposing such sanc- At the appropriate place, insert the fol-
dents; tions, the President certifies to the appro- lowing:
ctelli on DSK11ZRN23PROD with SENATE
(iii) threat prevention and mitigation ef- priate congressional committees that— SEC. lll. NATIVE HAWAIIAN ORGANIZATIONS.
forts to include personnel training; ‘‘(A) that government is not participating (a) COMPETITIVE THRESHOLDS.—Section 8020
(iv) changes to operating posture due to in quadrilateral cooperation between Aus- of title VIII of division A of the Department
anomalous health threats; tralia, India, Japan, and the United States of Defense, Emergency Supplemental Appro-
(v) an update on diagnosis and treatment on security matters that are critical to priations to Address Hurricanes in the Gulf
efforts for affected individuals, including pa- United States strategic interests; or of Mexico, and Pandemic Influenza Act, 2006
tient numbers and wait times to access care; ‘‘(B) the significant transaction— (15 U.S.C. 637 note) is amended by striking
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7737
‘‘with agencies of the Department of De- on Myanmar, established by the United Na- mitted an amendment intended to be
fense’’ and inserting ‘‘with agencies and de- tions Human Rights Council in March 2017; proposed to amendment SA 3867 sub-
partments of the Federal Government’’. (3) the Government of Burma, including mitted by Mr. REED and intended to be
(b) RULEMAKING.—Not later than 180 days the Tatmadaw—
after the date of enactment of this Act, in
proposed to the bill H.R. 4350, to au-
(A) allowing immediate and unfettered hu-
order to carry out the amendments made by manitarian access to communities in areas thorize appropriations for fiscal year
subsection (a)— affected by conflict, including Rohingya 2022 for military activities of the De-
(1) the Administrator of the Small Busi- communities in Rakhine State; partment of Defense, for military con-
ness Administration, in consultation with (B) cooperating with the United Nations struction, and for defense activities of
the Administrator for Federal Procurement High Commissioner for Refugees and organi- the Department of Energy, to prescribe
Policy, shall promulgate regulations; and zations affiliated with the United Nations to military personnel strengths for such
(2) the Federal Acquisition Regulatory ensure— fiscal year, and for other purposes;
Council established under section 1302(a) of (i) the protection of displaced persons; and which was ordered to lie on the table;
title 41, United States Code, shall amend the (ii) the safe and voluntary return of refu-
as follows:
Federal Acquisition Regulation. gees and internally displaced persons; and
(C) extending recognition of human rights At the end of title XII, add the following:
SA 4238. Mr. MENENDEZ submitted to all the people of Rakhine State, including Subtitle H—Saudi Arabia Accountability for
an amendment intended to be proposed the Rohingya; Gross Violations of Human Rights Act
to amendment SA 3867 submitted by (4) the cessation of Tatmadaw attacks on SEC. 1291. SHORT TITLE.
Mr. REED and intended to be proposed ethnic minority groups and the constructive This subtitle may be cited as the ‘‘Saudi
participation of the Tatmadaw in the conclu- Arabia Accountability for Gross Violations
to the bill H.R. 4350, to authorize ap- sion of a credible, nationwide cease-fire of Human Rights Act’’.
propriations for fiscal year 2022 for agreement, political accommodation, and SEC. 1292. FINDINGS.
military activities of the Department constitutional change; and Congress finds the following:
of Defense, for military construction, (5) the release of all political prisoners in (1) On October 2, 2018, Washington Post
and for defense activities of the De- Burma. journalist Jamal Khashoggi was murdered by
partment of Energy, to prescribe mili- (c) REPORT.—Not later than 30 days after Saudi Government agents in Istanbul.
the certification under subsection (a), the (2) According to the United Nations Spe-
tary personnel strengths for such fiscal Secretary of State, in coordination with the cial Rapporteur’s June 2019 report, Mr.
year, and for other purposes; which was Secretary of Defense, shall submit a report Khashoggi contacted the Saudi Embassy in
ordered to lie on the table; as follows: to the congressional committees referred to Washington regarding required documenta-
At the end of subtitle E of title XII, add in subsection (a) that includes— tion he needed to obtain from Saudi authori-
the following: (1) a description and assessment of the ties and ‘‘was told to obtain the document
SEC. 1253. LIMITATION ON SECURITY ASSIST- Government of Burma’s strategy for security from the Saudi embassy in Turkey’’.
ANCE AND MILITARY AND SECURITY sector reform, if applicable, including gov- (3) According to press reports, Mr.
COOPERATION WITH BURMA. ernance and constitutional reforms to ensure Khashoggi’s associates were surveilled after
(a) IN GENERAL.—No agency or instrumen- civilian control; having their phones infiltrated by spyware.
tality of the United States may supply any (2) a description and assessment of the (4) On July 15, 2019, the House of Rep-
security assistance, grant permission to re- Government of Burma’s strategy and plans— resentatives passed by a margin of 405-7 the
transfer defense articles originating in the (A) to end the involvement of the Saudi Arabia Human Rights and Account-
United States to, or engage in any military- Tatmadaw in the illicit trade in jade and ability Act of 2019 (H.R. 2037), which re-
to-military programs with the armed forces other natural resources; and quired—
or security forces of the Republic of the (B) to implement reforms to end corrup- (A) an unclassified report by the Director
Union of Myanmar (referred to in this sec- tion and illicit drug trafficking; of National Intelligence on parties respon-
tion as ‘‘Burma’’), including through train- (3) a list of past military activities con- sible for Khashoggi’s murder, a requirement
ing, observation, or participation in regional ducted by the United States Government ultimately inserted into and passed as part
exercises, until the date on which the Sec- with the Government of Burma; of the National Defense Authorization Act
retary of Defense, in consultation with the (4) a description of the United States strat- for Fiscal Year 2020 (Public Law 116–92);
Secretary of State, certifies to the Com- egy for any future military-military engage- (B) visa sanctions on all persons identified
mittee on Armed Services of the Senate, ments between the United States Armed in such report; and
Committee on Foreign Relations of the Sen- Forces and the Tatmadaw, the Burma Police (C) a report on human rights in Saudi Ara-
ate, the Committee on Armed Services of the Force, and armed ethnic groups; bia.
House of Representatives, and the Com- (5) an assessment of the progress of the (5) On February 26, 2021, the Director of Na-
mittee on Foreign Affairs of the House of Tatmadaw towards developing a framework tional Intelligence released the report pro-
Representatives that— to implement human right reforms, includ- duced pursuant to congressional direction,
(1) the armed forces of Burma (referred to ing steps taken by the Tatmadaw to dem- which stated, ‘‘we assess that Saudi Arabia’s
in this section as the ‘‘Tatmadaw’’) have re- onstrate respect for and implementation of Crown Prince Muhammad bin Salman ap-
turned control of the Government of Burma international humanitarian law and inter- proved an operation in Istanbul, Turkey to
to duly elected leadership; national human rights law; capture or kill Saudi journalist Jamal
(2) the Government of Burma is clearly on (6) an assessment of how any future en- Khashoggi.’’. The report also identified sev-
the path to civilian control over its security gagement with the Government of Burma eral individuals who ‘‘participated in, or-
forces, including— will effectively further the protection of dered, or were otherwise complicit in or re-
(A) instituting constitutional reforms to human rights, including— sponsible for the death of Jamal Khashoggi
relinquish military participation in Govern- (A) cooperation with civilian authorities to on behalf of Muhammad bin Salman. We do
ment decision making; investigate and prosecute cases of serious, not know whether these individuals knew in
(B) abiding by international human rights credible, or gross human rights violations; advance that the operation would result in
standards; and and Khashoggi’s death.’’.
(C) undertaking meaningful and significant (B) the elements of the military-to-mili- (6) Section 7031(c) of division K of the Con-
security sector reform, including trans- tary engagement between the United States solidated Appropriations Act, 2021 states
parency and accountability, to prevent fu- and Burma that promote the implementa- ‘‘Officials of foreign governments and their
ture abuses; and tion of human rights reforms; immediate family members about whom the
(3) each of the criteria described in sub- (7) an assessment of the progress on the Secretary of State has credible information
section (b) have been met. peaceful settlement of armed conflicts be- have been involved, directly or indirectly,
(b) CRITERIA.—The criteria described in tween the Government of Burma and ethnic in. . .a gross violation of human rights. . .
this subsection are— minority groups, including actions taken by shall be ineligible for entry into the United
(1) adherence by the Tatmadaw to inter- the Tatmadaw to adhere to cease-fire agree- States.’’.
national humanitarian law and international ments and withdraw forces from conflict (7) Section 6 of the Arms Export Control
human rights law, including a pledge to stop zones; Act (22 U.S.C. 2756) provides that no letters
future human rights abuses; (8) an assessment of the Tatmadaw’s re- of offer may be issued, no credits or guaran-
(2) support by the Tatmadaw for efforts to cruitment and use of children as soldiers; tees may be extended, and no export licenses
carry out meaningful and comprehensive in- and may be issued with respect to any country
ctelli on DSK11ZRN23PROD with SENATE
vestigations of alleged abuses, including— (9) an assessment of the Tatmadaw’s use of determined by the President to be engaged in
(A) taking steps to hold accountable those violence against women, sexual violence, or a ‘‘consistent pattern of acts of intimidation
members of the Tatmadaw who are respon- other gender-based violence as a tool of ter- or harassment directed against individuals
sible for human rights violations; and ror, war, or ethnic cleansing. in the United States’’.
(B) advancing justice for survivors, includ- (8) Section 502B of the Foreign Assistance
ing through cooperating with the Inde- SA 4239. Mr. MENENDEZ (for him- Act of 1961 (22 U.S.C. 2304) directs the Presi-
pendent International Fact-Finding Mission self, Mr. LEAHY, and Mr. WYDEN) sub- dent to formulate and conduct international
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S7738 CONGRESSIONAL RECORD — SENATE November 3, 2021
security assistance programs of the United priate congressional committees that the SEC. 1294. REPORT ON INTIMIDATION OR HAR-
States in a manner which will ‘‘promote and following criteria have been met in Saudi ASSMENT DIRECTED AGAINST INDI-
VIDUALS IN THE UNITED STATES
advance human rights and avoid identifica- Arabia:
AND OTHER MATTERS.
tion of the United States, through such pro- (A) The Government of Saudi Arabia is not
(a) IN GENERAL.—Not later than one year
grams, with governments which deny to arbitrarily detaining citizens or legal resi- after the date of the enactment of this Act,
their people internationally recognized dents of the United States for arbitrary po- and annually thereafter, the Secretary of
human rights and fundamental freedoms, in litical reasons, including criticism of Saudi State, in consultation with the Director of
violation of international law or in con- government policies, peaceful advocacy of National Intelligence and the Director of the
travention of the policy of the United political beliefs, or the pursuit of United Federal Bureau of Investigation, shall sub-
States’’. States citizenship. mit to the appropriate congressional com-
(9) Secretary of State Antony Blinken on (B) The Government of Saudi Arabia is co- mittees a report identifying any entities, in-
February 26, 2021, stated: ‘‘As a matter of operating in outstanding criminal pro- strumentalities, or agents of the Govern-
safety for all within our borders, perpetra- ceedings in the United States in which a ment of Saudi Arabia engaged in ‘‘a con-
tors targeting perceived dissidents on behalf Saudi citizen or national departed from the sistent pattern of acts of intimidation or
of any foreign government should not be per- United States while the citizen or national harassment directed against individuals in
mitted to reach American soil. . . We have was awaiting trial or sentencing for a crimi- the United States’’ pursuant to section 6 of
made absolutely clear that extraterritorial nal offense committed in the United States. the Arms Export Control Act (22 U.S.C. 2756).
threats and assaults by Saudi Arabia against (C) The Government of Saudi Arabia has (b) MATTERS TO BE INCLUDED.—The report
activists, dissidents, and journalists must required by subsection (a) shall include the
made significant numerical reductions in in-
end.’’. following:
dividuals detained for peaceful political rea-
SEC. 1293. SANCTIONS WITH RESPECT TO FOR- (1) A detailed description of such acts in
EIGN PERSONS LISTED IN THE RE-
sons, including activists, journalists,
bloggers, lawyers, or critics. the preceding period.
PORT OF THE DIRECTOR OF NA-
TIONAL INTELLIGENCE ON THE (D) The Government of Saudi Arabia has (2) A certification of whether such acts
MURDER OF JAMAL KHASHOGGI. disbanded any units of its intelligence or se- during the preceding period constitute a
(a) IMPOSITION OF SANCTIONS.—On and after curity apparatus dedicated to the forced re- ‘‘consistent pattern of acts of intimidation
the date that is 60 days after the date of the patriation of dissidents or critical voices in or harassment directed against individuals
enactment of this Act, the sanctions de- other countries. in the United States’’ pursuant to section 6
scribed in subsection (b) shall be imposed (E) The Government of Saudi Arabia has of the Arms Export Control Act (22 U.S.C.
with respect to each foreign person listed in 2756).
made meaningful public commitments to up-
the Office of the Director of National Intel- (3) A determination of whether any United
hold internationally recognized standards
ligence report titled ‘‘Assessing the Saudi States-origin defense articles were used in
governing the use, sale, and transfer of dig-
Government’s Role in the Killing of Jamal the commission of such acts.
ital surveillance items and services that can
Khashoggi’’, dated February 11, 2021. (4) A determination of whether entities, in-
be used to abuse human rights.
(b) SANCTIONS DESCRIBED.— strumentalities, or agents of the Govern-
(F) The Government of Saudi Arabia has ment of Saudi Arabia supported or received
(1) IN GENERAL.—The sanctions described in
instituted meaningful legal reforms to pro- support from foreign governments, including
this subsection are the following:
tect the rights of women, the rights of free- China, in the commission of such acts.
(A) INELIGIBILITY FOR VISAS AND ADMISSION
dom of expression and religion, and due proc- (5) Any actions taken by the United States
TO THE UNITED STATES.—
(i) Inadmissibility to the United States. ess in its judicial system. Government to deter incidents of intimida-
(ii) Ineligibility to receive a visa or other (2) REPORT.—Accompanying the certifi- tion or harassment directed against individ-
documentation to enter the United States. cation described in paragraph (1), the Presi- uals in the United States.
(iii) Ineligibility to otherwise be admitted dent shall submit to the appropriate congres- (c) FORM.—The report required by sub-
or paroled into the United States or to re- sional committees a report that contains a section (a) shall be submitted in unclassified
ceive any other benefit under the Immigra- detailed description of Saudi Arabia’s adher- form, but may contain a classified annex.
tion and Nationality Act (8 U.S.C. 110 et ence to the criteria described in the certifi- (d) SUNSET.—This section shall terminate
seq.). cation. on the date that is 5 years after the date of
(B) CURRENT VISAS REVOKED.— the enactment of this Act.
(d) DEFINITIONS.—In this section: (e) APPROPRIATE CONGRESSIONAL COMMIT-
(i) Revocation of any visa or other entry (1) ADMITTED; ALIEN.—The terms ‘‘admit- TEES DEFINED.—In this section, the term
documentation regardless of when the visa ted’’ and ‘‘alien’’ have the meanings given ‘‘appropriate congressional committees’’
or other entry documentation is or was those terms in section 101 of the Immigra- means—
issued. tion and Nationality Act (8 U.S.C. 1101). (1) the Committee on Foreign Affairs, the
(ii) A revocation under clause (i) shall— (2) APPROPRIATE CONGRESSIONAL COMMIT- Committee on Armed Services, and the Per-
(I) take effect immediately; and TEES.—The term ‘‘appropriate congressional manent Select Committee on Intelligence of
(II) automatically cancel any other valid committees’’ means— the House of Representatives; and
visa or entry documentation that is in the (A) the Committee on Foreign Affairs, the (2) the Committee on Foreign Relations,
foreign person’s possession. Committee on the Judiciary, and the Perma- the Committee on Armed Services, and the
(2) EXCEPTION TO COMPLY WITH INTER- nent Select Committee on Intelligence of the Select Committee on Intelligence of the Sen-
NATIONAL OBLIGATIONS.—Sanctions under House of Representatives; and ate.
paragraph (1) shall not apply with respect to
(B) the Committee on Foreign Relations, SEC. 1295. REPORT ON EFFORTS TO UPHOLD
a foreign person if admitting or paroling the HUMAN RIGHTS IN UNITED STATES
the Committee on the Judiciary, and the Se-
person into the United States is necessary to SECURITY ASSISTANCE PROGRAMS
lect Committee on Intelligence of the Sen-
permit the United States to comply with the WITH THE GOVERNMENT OF SAUDI
ate.
Agreement regarding the Headquarters of ARABIA.
(3) FOREIGN PERSON.—The term ‘‘foreign
the United Nations, signed at Lake Success (a) IN GENERAL.—Not later than 180 days
June 26, 1947, and entered into force Novem- person’’ means any individual who is a cit-
after the date of the enactment of this Act,
ber 21, 1947, between the United Nations and izen or national of a foreign country (includ- the Secretary of State shall submit to the
the United States, or other applicable inter- ing any such individual who is also a citizen appropriate congressional committees a re-
national obligations. or national of the United States). port on efforts of the Department of State to
(3) WAIVER IN THE INTEREST OF NATIONAL (4) FOREIGN PERSON WHO IS A-1 VISA ELIGI- ensure that United States security assist-
SECURITY.—The President may waive for an BLE.—The term ‘‘foreign person who is A-1 ance programs with Saudi Arabia are formu-
individual entry into the United States the visa eligible’’ means an alien described in lated in a manner that will ‘‘avoid identi-
application of this section with respect to a section 101(a)(15)(A)(i) of the Immigration fication of the United States, through such
foreign person who is A-1 visa eligible and and Nationality Act (8 U.S.C. programs, with governments which deny to
who is present in or seeking admission into 1101(a)(15)(A)(i)). their people internationally recognized
the United States for purposes of official (5) NATIONAL.—The term ‘‘national’’, with human rights and fundamental freedoms’’ in
business if the President determines and respect to an individual, has the meaning accordance with section 502B of the Foreign
transmits to the appropriate congressional given that term in section 101 of the Immi- Assistance Act (22 U.S.C. 2304).
committees an unclassified written notice gration and Nationality Act (8 U.S.C. 1101). (b) APPROPRIATE CONGRESSIONAL COMMIT-
and justification not later than 15 days be- (6) UNITED STATES PERSON.—The term TEES DEFINED.—In this section, the term
fore the granting of such waiver, that such a ‘‘United States person’’ means— ‘‘appropriate congressional committees’’
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waiver is in the national security interests (A) a United States citizen or an alien law- means—
of the United States. fully admitted for permanent residence to (1) the Committee on Foreign Relations
(c) SUSPENSION OF SANCTIONS.— the United States; or and the Committee on Appropriations of the
(1) IN GENERAL.—The President may sus- (B) an entity organized under the laws of Senate; and
pend in whole or in part the imposition of the United States or any jurisdiction within (2) the Committee on Foreign Affairs and
sanctions otherwise required under this sec- the United States, including a foreign branch the Committee on Appropriations of the
tion if the President certifies to the appro- of such an entity. House of Representative.
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7739
SEC. 1296. REPORT ON CERTAIN ENTITIES CON- tionality Act (8 U.S.C. 1101)) of individuals 1184(b)) that every alien is an immigrant
NECTED TO FOREIGN PERSONS ON described in subparagraph (A) or (B), except until the alien establishes that the alien is
THE MURDER OF JAMAL such parents who are citizens of a country entitled to nonimmigrant status shall not
KHASHOGGI.
other than the People’s Republic of China. apply to an alien described in paragraph (2).
(a) IN GENERAL.—Not later than 180 days (2) PROCESSING OF HONG KONG REFUGEES.— (2) ALIEN DESCRIBED.—
after the date of the enactment of this Act, The processing of individuals described in (A) IN GENERAL.—An alien described in this
the Secretary of State, in consultation with paragraph (1) for classification as refugees paragraph is an alien who—
the heads of appropriate agencies, shall sub- may occur in Hong Kong or in a third coun- (i) is a resident of the Hong Kong Special
mit to the appropriate congressional com- try. Administrative Region on February 8, 2021;
mittees a report on private, commercial, and (3) ELIGIBILITY FOR ADMISSION AS REFU- (ii) is seeking entry to the United States to
nongovernmental entities, including non- GEES.—An alien may not be denied the op- apply for asylum under section 208 of the Im-
profit foundations, controlled in whole or in portunity to apply for admission as a refugee migration and Nationality Act (8 U.S.C.
part by any foreign person named in the Of- under this subsection primarily because such 1158); and
fice of the Director of National Intelligence alien— (iii)(I) had a leadership role in civil society
report titled ‘‘Assessing the Saudi Govern- (A) qualifies as an immediate relative of a organizations supportive of the protests in
ment’s Role in the Killing of Jamal citizen of the United States; or 2019 and 2020 relating to the Hong Kong ex-
Khashoggi’’, dated February 11, 2021. (B) is eligible for admission to the United tradition bill and the encroachment on the
(b) MATTERS TO BE INCLUDED.—The report States under any other immigrant classifica- autonomy of Hong Kong by the People’s Re-
required by subsection (a) shall include the tion. public of China;
following: (4) FACILITATION OF ADMISSIONS.—An appli- (II) had an organizing role for such pro-
(1) A description of such entities. cant for admission to the United States from tests;
(2) A detailed assessment, based in part on the Hong Kong Special Administrative Re- (III) acted as a first aid responder for such
credible open sources and other publicly- gion may not be denied primarily on the protests;
available information, of the roles, if any, basis of a politically motivated arrest, de- (IV) suffered harm while covering such pro-
such entities played in the murder of Jamal tention, or other adverse government action tests as a journalist;
Khashoggi or any other gross violations of taken against such applicant as a result of (V) provided paid or pro-bono legal services
internationally recognized human rights. the participation by such applicant in pro- to 1 or more individuals arrested for partici-
(3) A certification of whether any such en- test activities. pating in such protests; or
tity is subject to sanctions pursuant to the (5) EXCLUSION FROM NUMERICAL LIMITA- (VI) during the period beginning on June 9,
Global Magnitsky Human Rights Account- TIONS.—Aliens provided refugee status under 2019, and ending on February 8, 2021, was for-
ability Act (22 U.S.C. 2656 note). this subsection shall not be counted against mally charged, detained, or convicted for his
(c) FORM.—The report required by sub- any numerical limitation under section 201, or her participation in such protests.
section (a) shall be submitted in unclassified 202, 203, or 207 of the Immigration and Na- (B) EXCLUSION.—An alien described in this
form, but may include a classified annex. tionality Act (8 U.S.C. 1151, 1152, 1153, and paragraph does not include any alien who is
(d) APPROPRIATE CONGRESSIONAL COMMIT- 1157). a citizen of a country other than the Peo-
TEES DEFINED.—In this section, the term (6) REPORTING REQUIREMENTS.— ple’s Republic of China.
‘‘appropriate congressional committees’’ (A) IN GENERAL.—Not later than 180 days (c) REFUGEE AND ASYLUM DETERMINATIONS
means— after the date of the enactment of this Act, UNDER THE IMMIGRATION AND NATIONALITY
(1) the Committee on Foreign Affairs and and every 90 days thereafter, the Secretary ACT.—
the Permanent Select Committee on Intel- of State and the Secretary of Homeland Se- (1) PERSECUTION ON ACCOUNT OF POLITICAL
ligence of the House of Representatives; and curity shall submit a report regarding the OPINION.—
(2) the Committee on Foreign Relations matters described in subparagraph (B) to— (A) IN GENERAL.—For purposes of refugee
and the Select Committee on Intelligence of (i) the Committee on the Judiciary and the determinations under section 207 of the Im-
the Senate. Committee on Foreign Relations of the Sen- migration and Nationality Act (8 U.S.C.
--- ate; and 1157), an individual whose citizenship, na-
SA 4240. Mr. MENENDEZ (for him- (ii) the Committee on the Judiciary and tionality, or residency is revoked for having
self, Mr. RUBIO, Mr. MERKLEY, and Mr. the Committee on Foreign Affairs of the submitted to any United States Government
COONS) submitted an amendment in- House of Representatives. agency a nonfrivolous application for refugee
tended to be proposed to amendment (B) MATTERS TO BE INCLUDED.—Each report status, asylum, or any other immigration
SA 3867 submitted by Mr. REED and in- required under subparagraph (A) shall in- benefit under the immigration laws (as de-
clude— fined in section 101(a) of such Act (8 U.S.C.
tended to be proposed to the bill H.R. (i) the total number of applications that 1101(a))) shall be considered to have suffered
4350, to authorize appropriations for are pending at the end of the reporting pe- persecution on account of political opinion.
fiscal year 2022 for military activities riod; (B) NATIONALS OF THE PEOPLE’S REPUBLIC
of the Department of Defense, for mili- (ii) the average wait-times for all appli- OF CHINA.—For purposes of refugee deter-
tary construction, and for defense ac- cants who are currently pending— minations under section 207 of the Immigra-
tivities of the Department of Energy, (I) employment verification; tion and Nationality Act (8 U.S.C. 1157), a na-
to prescribe military personnel (II) a prescreening interview with a reset- tional of the People’s Republic of China
strengths for such fiscal year, and for tlement support center; whose residency in the Hong Kong Special
(III) an interview with U.S. Citizenship and Administrative Region, or any other area
other purposes; which was ordered to Immigration Services; or within the jurisdiction of the People’s Re-
lie on the table; as follows: (IV) the completion of security checks; and public of China, as determined by the Sec-
At the end of subtitle E of title XII, add (iii) the number of denials of applications retary of State, is revoked for having sub-
the following: for refugee status, disaggregated by the rea- mitted to any United States Government
SEC. 1253. SAFE HARBOR FOR HONG KONG REFU- son for each such denial. agency a nonfrivolous application for refugee
GEES. (C) FORM.—Each report required under sub- status, asylum, or any other immigration
(a) DESIGNATION OF CERTAIN RESIDENTS OF paragraph (A) shall be submitted in unclassi- benefit under the immigration laws shall be
HONG KONG AS PRIORITY 2 REFUGEES.— fied form, but may include a classified considered to have suffered persecution on
(1) IN GENERAL.—The Secretary of State, in annex. account of political opinion.
consultation with the Secretary of Homeland (D) PUBLIC REPORTS.—The Secretary of (2) CHANGED CIRCUMSTANCES.—For purposes
Security, shall designate, as Priority 2 refu- State shall make each report submitted of asylum determinations under section 208
gees of special humanitarian concern, the under this paragraph available to the public of the Immigration and Nationality Act (8
following categories of aliens: on the internet website of the Department of U.S.C. 1158), the revocation of the citizen-
(A) Individuals who are residents of the State. ship, nationality, or residency of an indi-
Hong Kong Special Administrative Region (7) SATISFACTION OF OTHER REQUIRE- vidual for having submitted to any United
who suffered persecution, or have a well- MENTS.—Aliens granted status under this States Government agency a nonfrivolous
founded fear of persecution, on account of subsection as Priority 2 refugees of special application for refugee status, asylum, or
their peaceful expression of political opin- humanitarian concern under the refugee re- any other immigration benefit under the im-
ions or peaceful participation in political ac- settlement priority system shall be consid- migration laws shall be considered to be a
tivities or associations. ered to satisfy the requirements under sec- changed circumstance under subsection
(B) Individuals who have been formally tion 207 of the Immigration and Nationality (a)(2)(D) of such section.
ctelli on DSK11ZRN23PROD with SENATE
charged, detained, or convicted on account of Act (8 U.S.C. 1157) for admission to the (d) STATEMENT OF POLICY ON ENCOURAGING
their peaceful actions as described in section United States. ALLIES AND PARTNERS TO MAKE SIMILAR AC-
206(b)(2) of the United States-Hong Kong Pol- (b) WAIVER OF IMMIGRANT STATUS PRE- COMMODATIONS.—It is the policy of the
icy Act of 1992 (22 U.S.C. 5726). SUMPTION.— United States to encourage allies and part-
(C) The spouses, children, and parents (as (1) IN GENERAL.—The presumption under ners of the United States to make accom-
such terms are defined in subsections (a) and the first sentence of section 214(b) of the Im- modations similar to the accommodations
(b) of section 101 of the Immigration and Na- migration and Nationality Act (8 U.S.C. made under this Act for residents of the
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S7740 CONGRESSIONAL RECORD — SENATE November 3, 2021
Hong Kong Special Administrative Region within its territory or through the use of its Russia threatens international stability, un-
who are fleeing oppression by the Govern- infrastructure. dermines international institutions, and dis-
ment of the People’s Republic of China. SEC. 1292. FINDINGS. regards international norms.
(e) TERMINATION.—This section shall cease Congress finds the following: (11) The People’s Republic of China uses
to have effect on the date that is 5 years (1) Information and communication tech- cybercrime—
after the date of the enactment of this Act. nologies underpin the prosperity and na- (A) to undermine United States’ interests;
--- tional security of the United States. How- and
SA 4241. Mr. MENENDEZ submitted ever, the widespread use of these tech- (B) to victimize United States’ businesses
an amendment intended to be proposed nologies also poses serious risks. In par- and government agencies.
to amendment SA 3867 submitted by ticular, cybercrime (criminal activity using (12) In July 2021, Secretary of State
Mr. REED and intended to be proposed digital means) presents an acute and growing Blinken stated, ‘‘The PRC’s Ministry of
threat to the economic, strategic, and secu- State Security (MSS) has fostered an eco-
to the bill H.R. 4350, to authorize ap-
rity interests of the United States and its al- system of criminal contract hackers who
propriations for fiscal year 2022 for carry out both state-sponsored activities and
lies and partners.
military activities of the Department cybercrime for their own financial gain. ...
(2) Cybercriminals cause massive harm.
of Defense, for military construction, According to National Institute of Standards These contract hackers cost governments
and for defense activities of the De- and Technology estimates, in 2016, United and business billions of dollars in stolen in-
partment of Energy, to prescribe mili- States businesses lost between $167,900,000,000 tellectual property, ransom payments, and
tary personnel strengths for such fiscal and $770,000,000,000 to cybercrime, cor- cybersecurity mitigation efforts, all while
year, and for other purposes; which was responding to between 0.9 percent and 4.1 the MSS has them on its payroll.’’.
percent of the total United States gross do- (13) Cybercrime is central to North Korea’s
ordered to lie on the table; as follows:
mestic product that year. The related risk geopolitical strategy, helping the Kim Jong
At the end of title XII, add the following: Un regime maintain its grip on power and
and harm to public health and safety is in-
Subtitle H—Combating International calculable and can only be expected to grow providing essential resources for the coun-
Cybercrime as digital technologies become more inter- try’s nuclear weapons program.
SEC. 1291. DEFINITIONS. twined in daily life. (14) In February 2021, the Department of
In this subtitle: (3) Using a wide variety of tactics, Justice indicted 3 North Korean military in-
(1) APPROPRIATE CONGRESSIONAL COMMIT- cybercriminals— telligence agents for a ‘‘wide-ranging crimi-
TEES.—The term ‘‘appropriate congressional (A) steal United States intellectual prop- nal conspiracy to conduct a series of destruc-
committees’’ means— erty and sensitive personal information; tive cyberattacks, to steal and extort more
(A) the Committee on Foreign Relations of (B) defraud United States businesses and than $1.3 billion of money and
the Senate; citizens; and cryptocurrency from financial institutions
(B) the Committee on Banking, Housing, (C) disrupt infrastructure critical to Amer- and companies, to create and deploy mul-
and Urban Affairs of the Senate; icans’ health and safety. tiple malicious cryptocurrency applications,
(C) the Committee on Foreign Affairs of (4) The use of ransomware (malicious soft- and to develop and fraudulently market a
the House of Representatives; and ware that encrypts and thereby prevents ac- blockchain platform.’’.
(D) the Committee on Financial Services cess to data) until a ransom, often costing (15) North Korean hackers are responsible
of the House of Representatives. millions of dollars, is paid is a an especially for many of the most brazen cybercrime
(2) CRITICAL INFRASTRUCTURE.—The term destructive form of cybercrime. campaigns, including—
‘‘critical infrastructure’’ means systems and (5) In 2021, ransomware groups— (A) the 2017 WannaCry global ransomware
assets, whether physical or virtual, that are (A) crippled or endangered some of the incident;
so vital to the United States that the inca- United States’ most critical infrastructure, (B) the 2014 cyberattack on Sony Pictures;
pacity or destruction of such systems or as- including water utilities, hospitals, meat and
sets would have a debilitating impact on the packing plants, and a critical fuel pipeline; (C) the attempted theft of nearly
security, economic security, public health, and $1,000,000,000 from the Central Bank of Ban-
or safety of the United States. (B) extracted hundreds of millions of dol- gladesh in 2016.
(3) CYBERCRIME GROUP.—The term lars in ransom from United States businesses (16) The Iranian regime is a prolific spon-
‘‘cybercrime group’’ means any group prac- and their insurers. sor of cybercrime. Hackers linked to Iran’s
ticing, or which has significant subgroups (6) United States allies and partners have Islamic Revolutionary Guard Corps target
which practice, international cybercrime. also suffered major losses from cybercrime. businesses, academic institutions, and re-
(4) INTERNATIONAL CYBERCRIME.—The term Recent ransomware victims include Swedish search organizations around the world.
‘‘international cybercrime’’ means unlawful supermarkets, Ireland’s national health serv- (17) In 2018, the Department of Justice in-
activities involving citizens, territory, or in- ice, a leading European insurer, and a major dicted 9 Iranians for a coordinated campaign
frastructure of at least 1 country that is in- German chemical manufacturer. of cyber intrusions into computer systems
tended— (7) The Council of Europe’s Convention on belonging to 144 United States universities,
(A) to disrupt the confidentiality, integ- Cybercrime, done at Budapest November 23, 176 universities across 21 foreign countries,
rity, or availability of information systems 2001, states, ‘‘an effective fight against 47 domestic and foreign private sector com-
for financial gain or in order to economically cybercrime requires increased, rapid and panies, the Department of Labor, the Federal
benefit a third party; well-functioning international cooperation Energy Regulatory Commission, the State of
(B) to damage, delete, deteriorate, alter, or in criminal matters’’ and requires parties to Hawaii, the State of Indiana, the United Na-
suppress information systems; or outlaw digital fraud, digital forgery, intel- tions, and the United Nations Children’s
(C) to distribute credentials, access codes, lectual property theft through digital means, Fund.
or similar data. and offenses against confidentiality, integ- SEC. 1293. SENSE OF CONGRESS.
(5) MAJOR CYBERCRIME INCIDENT.—The term rity, and availability of computer data and It is the sense of Congress that—
‘‘major cybercrime incident’’ means an act systems, among other misconduct. (1) all nations must take reasonable steps
of cybercrime, or a series of such acts, that— (8) In July 2021, the United Nations Group to stop cybercriminal activities from taking
(A) results in the death of, or bodily injury of Governmental Experts on Advancing re- place within their territories or through
to, 1 or more United States citizens; sponsible State behavior in cyberspace, their infrastructure;
(B) results in economic loss to United which includes experts from the United (2) governments that tolerate, facilitate, or
States persons in excess of— States, Russia, and China, issued a report participate in cybercrime threaten the eco-
(i) $5,000,000 in any single act of stating that countries are expected to ‘‘take nomic and national security of the United
cybercrime; or all appropriate and reasonably available and States, United States allies and partners,
(ii) $50,000,000 in a series of acts of feasible steps to detect, investigate and ad- and the international community; and
cybercrime; or dress’’ known cybercriminal activity ema- (3) the rising threat of international
(C) materially disrupts United States crit- nating from within their borders. cybercrime requires a robust, coordinated re-
ical infrastructure. (9) Certain nations, including China, Rus- sponse from the United States Government,
(6) STATE SPONSOR OF INTERNATIONAL sia, Iran, and North Korea, ignore, facilitate, United States allies and partners, and the
CYBERCRIME..—The term ‘‘state sponsor of or directly participate in cybercrime as a private sector—
international cybercrime’’ means a country, matter of national policy. (A) to prevent and counter international
the government of which systematically— (10) Russia is a global haven for cybercriminal activity; and
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(A) commits international cybercrime; cybercriminals, including ransomware (B) to impose significant and tangible costs
(B) supports, facilitates, encourages, or ex- groups responsible for attacks on fuel pipe- on cybercriminal groups and on governments
pressly consents to international cybercrime lines, meat packing plants, and super- that tolerate, facilitate, or participate in
by third parties, including contractors, prox- markets in the United States and in Europe cybercrime.
ies, and affiliates; or in 2021. These gangs operate freely and with SEC. 1294. STATEMENT OF POLICY.
(C) fails to take reasonable steps to detect, the Kremlin’s tacit approval. By allowing It shall be the policy of the United
investigate, or address cybercrime occurring cybercriminals to operate with impunity, States—
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7741
(1) to prioritize efforts to counter inter- gress on lll is hereby prohibited.’’, with edly provided support for acts of inter-
national cybercrime in United States diplo- the first blank filled in with the name of the national terrorism, including any activity
matic, national security, and law enforce- applicable country and the second blank that the Secretary determines willfully aids
ment activities related to cybersecurity and filled in with the appropriate date. or abets—
information communication technology; (b) RESTRICTION ON EXPORTS TO STATE ‘‘(A) the international proliferation of nu-
(2) to cooperate with United States allies SPONSORS OF INTERNATIONAL CYBERCRIME.— clear explosive devices to an individual or
and partners to develop and implement Section 1754 of the Export Controls Act of group;
strategies, policies, and institutions to ad- 2018 (50 U.S.C. 4813) is amended— ‘‘(B) an individual or group in acquiring
dress international cybercrime, including (1) by redesignating subsections (d), (e), unsafeguarded special nuclear material; or
joint law enforcement efforts and efforts to and (f) as subsections (e), (f), and (g), respec- ‘‘(C) the efforts of an individual or group to
develop effective international law and tively; use, develop, produce, stockpile, or otherwise
norms related to cybercrime control; and (2) by inserting after subsection (c) the fol- acquire chemical, biological, or radiological
(3) to identify and impose tangible costs on lowing: weapons; or
foreign governments that enable or engage ‘‘(d) STATE SPONSORS OF INTERNATIONAL ‘‘(2) at the time the transaction is pro-
in international cybercrime. CYBERCRIME.— posed, such country is identified as a state
SEC. 1295. DESIGNATION OF STATE SPONSORS OF ‘‘(1) COMMERCE LICENSE REQUIREMENT.—A sponsor of international cybercrime on the
INTERNATIONAL CYBERCRIME. license shall be required for the export, reex- list compiled or updated pursuant to section
(a) IDENTIFYING STATE SPONSORS OF INTER- port, or in-country transfer of items, the 1295(a)(1) of the National Defense Authoriza-
NATIONAL CYBERCRIME.— control of which is implemented pursuant to tion Act for Fiscal Year 2021.’’.
(1) LIST OF STATE SPONSORS OF INTER- subsection (a) by the Secretary, to a country
(d) RESTRICTION ON FOREIGN ASSISTANCE TO
NATIONAL CYBERCRIME.—Not later than 1 year if—
STATE SPONSORS OF INTERNATIONAL
after the date of the enactment of this Act, ‘‘(A) at the time of the proposed export, re-
CYBERCRIME.—Section 620A(a) of the Foreign
and not less frequently than annually there- export, or in-country transfer of items, such
Assistance Act of 1961 (22 U.S.C. 2371(a)) is
after, the Secretary of State shall— country is identified as a state sponsor of
amended to read as follows:
(A) compile, or update, a list of countries international cybercrime on the list com-
piled or updated pursuant to section ‘‘(a) PROHIBITION.—The United States shall
that the Secretary has identified as state
1295(a)(1) of the National Defense Authoriza- not provide any assistance under this chap-
sponsors of international cybercrime; and
(B) make such list publicly available by tion Act for Fiscal Year 2021; and ter, the Food Peace Act [7 U.S.C. 1691 et
publishing the list in the Federal Register ‘‘(B) the Secretary of State determines seq.], the Peace Corps Act [22 U.S.C. 2501 et
and through other appropriate means. that the export, reexport, or in-country seq.], or the Export-Import Bank Act of 1945
(2) CONSULTATION.—In identifying state transfer of such items could materially en- [12 U.S.C. 635 et seq.] to any country if—
sponsors of international cybercrime pursu- hance the ability of such country, or individ- ‘‘(1) the Secretary of State determines that
ant to paragraph (1), the Secretary of State uals or entities operating from its territory the government of such country has repeat-
shall consult with the Attorney General, the through its infrastructure, to commit, cause, edly provided support for acts of inter-
Secretary of Homeland Security, the Direc- or facilitate international cybercrime. national terrorism; or
tor of National Intelligence, the Director of ‘‘(2) NOTIFICATION TO CONGRESS.—The Sec- ‘‘(2) at the time the assistance is proposed
the Central Intelligence Agency, and the retary of State shall include in the notifica- to be provided, such country is identified as
heads of other appropriate Federal agencies, tion required under subparagraph (A)— a state sponsor of international cybercrime
and, to the extent the Secretary deems ap- ‘‘(A) a detailed description of the items to on the list compiled or updated pursuant to
propriate, officials of governments of coun- be offered, including a brief description of section 1295(a)(1) of the National Defense Au-
tries that are allies or key partners of the the capabilities of any item for which a li- thorization Act for Fiscal Year 2021.’’.
United States. cense to export, reexport, or in-country (e) ANNUAL COUNTRY REPORT ON INTER-
(3) REMOVAL FROM LIST.—The identification transfer the items is sought; NATIONAL CYBERCRIME.—
by the Secretary that a country is a state ‘‘(B) the reasons why the foreign country, (1) IN GENERAL.—Not later than April 30 of
sponsor of international cybercrime may not person, or entity to which the export, reex- each year, the Secretary of State, in con-
be rescinded after such country is included port, or in-country transfer is proposed to be sultation with the Attorney General, the
on the list described in paragraph (1)(A) un- made has requested the items under the ex- Secretary of Homeland Security, the Direc-
less the President submits to the Committee port, reexport, or in-country transfer, and a tor of National Intelligence, and the Director
on Foreign Relations of the Senate, the Com- description of the manner in which such of the Central Intelligence Agency, shall sub-
mittee on Banking, Housing, and Urban Af- country, person, or entity intends to use mit a full and complete report to the Com-
fairs of the Senate, the Committee on For- such items; mittee on Foreign Relations of the Senate
eign Affairs of the House of Representatives, ‘‘(C) the reasons why the proposed export, and the Committee on Foreign Affairs of the
and the Committee on Financial Services of reexport, or in-country transfer is in the na- House of Representatives that includes—
the House of Representatives— tional interest of the United States; (A) detailed assessments with respect to—
(A) before the proposed rescission would ‘‘(D) an assessment of the ways in which (i) each foreign country that, at the time
take effect, a report certifying that— the items proposed to be exported, reex- of such submission, is identified as a state
(i) there has been a fundamental change in ported, or transferred in-country could be sponsor of international cybercrime on the
the leadership and policies of the govern- used for international cybercrime, and the list compiled or updated pursuant to sub-
ment of such country; likelihood that the items would be so used; section (a)(1);
(ii) such government is not a state sponsor and (ii) any other foreign country that is mate-
of international cybercrime; and ‘‘(E) an assessment of the potential harm rially involved or implicated in inter-
(iii) such government has provided assur- to the United States or its allies if the items national cybercrime;
ances that it will not engage in conduct in proposed to be exported, reexported, or (B) all relevant information about the ac-
the future that would make such country a transferred in-country were used for tivities during the preceding year of any
state sponsor of international cybercrime; or cybercrime.’’; cybercrime group, and any umbrella organi-
(B) not later than 45 days before the pro- (3) in subsection (f), as redesignated, by zation under which such group falls, which
posed rescission would take effect, a report striking ‘‘subsection (d)’’ each place such was responsible for a major cybercrime inci-
justifying the rescission and certifying term appears and inserting ‘‘subsection (e)’’; dent during the 5-year period immediately
that— and preceding such submission;
(i) the government of such country has not (4) in subsection (g), as redesignated, by (C) with respect to each foreign country
been a state sponsor of international striking ‘‘subsection (d)’’ each place such from which the United States Government
cybercrime at any time during the preceding term appears and inserting ‘‘subsection (e)’’; has sought cooperation during such 5-year
18-month period; and and period in the investigation or prosecution of
(ii) such government has provided assur- (c) RESTRICTIONS ON MUNITIONS SALES TO a major cybercrime incident—
ances to the United States that the govern- STATE SPONSORS OF INTERNATIONAL (i) the extent to which the government of
ment will not engage in conduct in the fu- CYBERCRIME.—Section 40 of the Arms Export the foreign country is cooperating with the
ture that would make such country a state Control Act (22 U.S.C. 2780) is amended— United States Government in apprehending,
sponsor of international cybercrime. (1) in the section heading, by adding at the convicting, and punishing the individual or
(4) PROHIBITION OF REMOVAL.—A rescission end the following: ‘‘OR ACTS OF INTERNATIONAL individuals responsible for such incident; and
under paragraph (3) may not be made if Con- CYBERCRIME’’; and (ii) the extent to which the government of
gress, not later than 45 days after receiving (2) by amending subsection (d) to read as the foreign country is cooperating in pre-
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a report from the President under such para- follows: venting further acts of international
graph, enacts a joint resolution stating, ‘‘(d) STATE SPONSORS OF INTERNATIONAL cybercrime against the United States; and
after the resolving clause, the following: TERRORISM OR INTERNATIONAL CYBERCRIME.— (D) with respect to each foreign country
‘‘That the proposed rescission of the identi- The prohibitions contained in this section from which the United States Government
fication of lllll as a state sponsor of apply with respect to a country if— has sought cooperation during the previous 5
international cybercrime, pursuant to the ‘‘(1) the Secretary of State determines that years in the prevention or disruption of ac-
report submitted by the President to Con- the government of such country has repeat- tivity that could lead to a major cybercrime
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S7742 CONGRESSIONAL RECORD — SENATE November 3, 2021
incident, the information described in para- SEC. 1296. IMPOSITION OF SANCTIONS WITH RE- goods or services to any entity identified
graph (3)(B). SPECT TO MAJOR CYBERCRIME IN- under subsection (a)(1).
CIDENTS.
(2) ADDITIONAL PROVISIONS.—In addition to (2) EXPORT SANCTION.—The President may
the information described in paragraph (1), (a) IN GENERAL.—Not later than 180 days
order the United States Government not to
after the date of the enactment of this Act,
the report required under such paragraph issue any specific license, and not to grant
and not less frequently than annually there-
shall describe— any other specific permission or authority to
after, the President shall—
(A) with respect to paragraph (1)(A)— export any goods or technology, to any enti-
(1) identify each foreign person that the
(i) direct involvement in international ty identified under subsection (a)(1) under—
President determines—
cybercrime, if any, of each country that is (A) the Export Control Reform Act of 2018
(A) knowingly engages in activities respon-
the subject of such report; (50 U.S.C. 4801 et seq.);
sible for, or intended to cause, a major
(ii) significant support for international cybercrime incident; (B) the Arms Export Control Act (22 U.S.C.
cybercrime, if any, by each country that is (B) is owned or controlled by, or acts or 2751 et seq.);
the subject of such report, including— purports to act for or on behalf of, directly (C) the Atomic Energy Act of 1954 (42
(I) political and financial support; or indirectly, a person described in subpara- U.S.C. 2011 et seq.); or
(II) technical assistance; graph (A); or (D) any other statute that requires the
(III) the use of state infrastructure or per- (C) knowingly materially assists, sponsors, prior review and approval of the United
sonnel; or provides financial, material, or techno- States Government as a condition for the ex-
(IV) protection from detection, prosecu- logical support for, or goods or services in port or reexport of goods or services.
tion, or extradition, whether by action or in- support of— (3) LOANS FROM UNITED STATES FINANCIAL
action; and (i) an activity described in subparagraph INSTITUTIONS.—The President may prohibit
(V) intelligence; (A); or any United States financial institution from
(iii) the extent of knowledge by the govern- (ii) a person described in subparagraph (A) making loans or providing credits to an enti-
ment of each country that is the subject of or (B), the property and interests in property ty identified under subsection (a)(1) that to-
such report with respect to international of which are blocked pursuant to this sec- tals more than $10,000,000 in any 12-month
cybercrime occurring within its territory or tion; period unless—
through the use of its infrastructure; (2) except as provided under subsection (d), (A) such entity is engaged in activities to
(iv) the efforts of each country that is the impose the sanctions described in subsection relieve human suffering; and
subject of such report to detect, investigate, (b) with respect to each individual identified
and address international cybercrime occur- (B) such loans or credits are specifically
under paragraph (1); and provided for such activities.
ring within its territory or through the use (3) except as provided under subsection (d),
of its infrastructure, including, as appro- (4) LOANS FROM INTERNATIONAL FINANCIAL
impose 5 or more of the sanctions described INSTITUTIONS.—The President may direct the
priate, steps taken in cooperation with the in subsection (c) with respect to each entity
United States or in international fora; United States executive director to each
identified under paragraph (1). international financial institution to use the
(v) the positions (including voting records) (b) APPLICABLE SANCTIONS.—The sanctions
on matters relating to cybercrime in the voice and vote of the United States to oppose
referred to in subsection (a)(2) are the fol-
General Assembly of the United Nations and lowing: any loan from the international financial in-
other international bodies and fora of each (1) BLOCKING OF PROPERTY.—The President stitution that would benefit an entity identi-
country that is the subject of such report; shall exercise all of the powers granted to fied under subsection (a)(1).
(vi) the response of the judicial system of the President under the International Emer- (5) PROHIBITIONS FOR FINANCIAL INSTITU-
each country that is the subject of such re- gency Economic Powers Act (50 U.S.C. 1701 TIONS.—The following prohibitions may be
port with respect to matters— et seq.) to the extent necessary to block and imposed against any entity identified under
(I) relating to international cybercrime af- prohibit all transactions in all property and subsection (a)(1) that is a financial institu-
fecting United States citizens or interests; or interests in property of any individual iden- tion:
(II) that have, in the opinion of the Sec- tified under subsection (a)(1) if such property (A) PROHIBITION ON DESIGNATION AS PRI-
retary, a significant impact on United States or interests in property— MARY DEALER.—Neither the Board of Gov-
efforts relating to international cybercrime, (A) are in the United States; ernors of the Federal Reserve System nor
including responses to extradition requests; (B) come within the United States; or the Federal Reserve Bank of New York may
and (C) come within the possession or control designate, or permit the continuation of any
(B)(i) any significant direct financial sup- of a United States person. prior designation of, such entity as a pri-
port provided to, or support for the activities (2) INELIGIBILITY FOR VISAS, ADMISSION, OR mary dealer in United States government
of, groups or organizations referred to in PAROLE.— debt instruments.
paragraph (1)(B) by the government of each (A) VISAS, ADMISSION, OR PAROLE.—Any (B) PROHIBITION ON SERVICE AS A REPOSI-
country that is the subject of such report; alien identified under subsection (a)(1)— TORY OF GOVERNMENT FUNDS.—Such entity
(ii) any significant training, equipment, or (i) is inadmissible to the United States; may not serve as agent of the United States
other in-kind support to such groups or orga- (ii) is ineligible to receive a visa or other Government or serve as repository for
nizations by such governments; and documentation to enter the United States; United States Government funds.
(iii) sanctuary from prosecution given by and (C) TREATMENT OF SANCTIONS.—For pur-
any such government to the members of such (iii) is ineligible to be admitted or paroled poses of subsection (a)(3)—
groups or organizations who are responsible into the United States or to receive any (i) the imposition of a sanction under sub-
for the commission, attempt, or planning of other benefit under the Immigration and Na- paragraph (A) or (B) shall be treated as 1
a major cybercrime incident; tionality Act (8 U.S.C. 1101 et seq.). sanction; and
(C) to the extent practicable, complete sta- (B) CURRENT VISAS REVOKED.— (ii) the imposition of both sanctions under
tistical information regarding the economic, (i) IN GENERAL.—The visa or other entry subparagraphs (A) and (B) shall be treated as
security, and health and safety impacts of document issued to any alien identified 2 sanctions.
international cybercrime on the United under subsection (a)(1) is subject to revoca- (6) PROCUREMENT SANCTION.—The United
States; and tion regardless of when such visa or docu- States Government may not procure, or
(D) an analysis, as appropriate, of trends in ment was issued. enter into any contract for the procurement
international cybercrime, including changes (ii) IMMEDIATE EFFECT.—The revocation of of, any goods or services from any entity
in tactics, techniques, and procedures, demo- an alien’s visa or other entry document pur-
graphic information on cybercriminals, and identified under subsection (a)(1).
suant to clause (i)—
other appropriate information. (7) FOREIGN EXCHANGE.—Pursuant to such
(I) shall take effect in accordance with sec-
(3) CLASSIFICATION OF REPORT.— regulations as the President may prescribe,
tion 221(i) of the Immigration and Nation-
(A) IN GENERAL.—Except as provided in the President may prohibit any transactions
ality Act (8 U.S.C. 1201(i)); and
subparagraph (B), the report required under in foreign exchange that are subject to the
(II) shall cancel any other valid visa or
paragraph (1), to the extent practicable— jurisdiction of the United States and in
entry document that is in the alien’s posses-
(i) shall be submitted in an unclassified sion. which any entity identified under subsection
form; and (c) ADDITIONAL SANCTIONS.—The sanctions (a)(1) has any interest.
(ii) may be accompanied by a classified referred to in subsection (a)(3) are the fol- (8) BANKING TRANSACTIONS.—Pursuant to
annex. lowing: such regulations as the President may pre-
(B) EXCEPTION.—If the Secretary of State (1) EXPORT-IMPORT BANK ASSISTANCE FOR scribe, the President may prohibit any trans-
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determines that the submission of the infor- EXPORT TO SANCTIONED PERSONS.—The Presi- fers of credit or payments between financial
mation with respect to a foreign country dent may direct the Export-Import Bank of institutions or by, through, or to any finan-
under subparagraph (C) or (D) of paragraph the United States not to approve the cial institution, to the extent that such
(1) in classified form would make more likely issuance of any guarantee, insurance, exten- transfers or payments are subject to the ju-
the cooperation of the government of such sion of credit, or participation in the exten- risdiction of the United States and involve
foreign country, the Secretary may submit sion of credit, or participation in the exten- any interest of an entity identified under
such information in classified form. sion of credit in connection with the export subsection (a)(1).
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7743
(9) PROPERTY TRANSACTIONS.—Pursuant to (2) A detailed description and evaluation of (b) ACTIVITIES.—The task force established
such regulations as the President may pre- each such country’s justification for the use under subsection (a) shall—
scribe, the President may prohibit any per- of foreign mercenaries. (1) conduct domain awareness operations,
son from— (3) The extent to which such foreign merce- intelligence fusion, and multi-sensor correla-
(A) acquiring, holding, withholding, using, naries are directly or indirectly sponsored or tion to detect, monitor, disrupt, and deter
transferring, withdrawing, transporting, or directed by the governments of their coun- suspected gray-zone activities;
exporting any property that is subject to the tries of origin. (2) promote security cooperation and ca-
jurisdiction of the United States and with re- (4) A description of any standards, laws, pacity building to respond to, disrupt, and
spect to which any entity identified under policies, or regulations that apply to the be- deter gray-zone activities; and
subsection (a)(1) has any interest; havior of such mercenaries, including wheth- (3) coordinate United States and partner
(B) dealing in or exercising any right, er any judicial proceedings have been con- country initiatives, including across diplo-
power, or privilege with respect to such prop- ducted against such mercenaries within the matic, political, economic, and military do-
erty; or prior two years. mains, to counter the use of gray-zone tac-
(C) conducting any transaction involving (5) An estimate of the number of United tics by adversaries.
such property. States citizens engaged in or suspected to be
(10) BAN ON INVESTMENT IN EQUITY OR DEBT engaged in mercenary activities and oper- SA 4244. Mr. MENENDEZ submitted
OF SANCTIONED PERSON.—Pursuant to such ations, including the number of such citizens an amendment intended to be proposed
regulations or guidelines as the President who have received an export license by the to amendment SA 3867 submitted by
may prescribe, the President may prohibit Department of State to engage in such ac- Mr. REED and intended to be proposed
any United States person from investing in tivities or operations, disaggregated by for- to the bill H.R. 4350, to authorize ap-
or purchasing significant amounts of equity eign country in which such activities or op- propriations for fiscal year 2022 for
or debt instruments of any entity identified erations have been authorized, including a military activities of the Department
under subsection (a)(1). description of any investigations that the of Defense, for military construction,
(11) EXCLUSION OF CORPORATE OFFICERS.— Department has initiated or participated in
and for defense activities of the De-
The President may direct the Secretary of concerning such citizens or any other United
State to deny a visa to, and the Secretary of States citizen who has not received such an partment of Energy, to prescribe mili-
Homeland Security to exclude from the export license. tary personnel strengths for such fiscal
United States, any alien that the President (c) FORM.—The report required under sub- year, and for other purposes; which was
determines is a corporate officer or principal section (a) shall be submitted in unclassified ordered to lie on the table; as follows:
of, or a shareholder with a controlling inter- and unredacted form, and not subject to any At the end of subtitle G of title XII, add
est in, any entity identified under subsection additional restriction on public dissemina- the following:
(a)(1). tion, to the maximum extent feasible, but SEC. 1283. SECURITY IMPLICATIONS OF THE
(12) SANCTIONS ON PRINCIPAL EXECUTIVE OF- may include a classified, unredacted annex. COUP IN SUDAN ON UNITED STATES
FICERS.—The President may impose on the (d) DEFINITIONS.—In this section: SECURITY INTERESTS.
principal executive officer or officers of any (1) APPROPRIATE CONGRESSIONAL COMMIT- (a) REPORT.—
entity identified under subsection (a)(1), or TEES.—The term ‘‘appropriate congressional (1) IN GENERAL.—Not later than 30 days
on persons performing similar functions and committees’’ means— after the date of the enactment of this Act,
with similar authorities as such officer or of- (A) the Committee on Foreign Relations, the Secretary of Defense, in consultation
ficers with respect to such entity, any of the the Committee on Armed Services, and the with the Secretary of State and the Director
sanctions under this subsection. Select Committee on Intelligence of the Sen- of National Intelligence, shall submit to the
(d) NATIONAL SECURITY WAIVER.—The ate; and appropriate committees of Congress a report
President may waive the imposition of sanc- (B) the Committee on Foreign Affairs, the on the coup in Sudan on October 25, 2021.
tions under this section with respect to a Committees on Armed Services, and the Per- (2) ELEMENTS.—The report required by
foreign person, if the President— manent Select Committee on Intelligence of paragraph (1) shall include the following:
(1) determines that such a waiver is in the the House of Representatives. (A) An assessment of the security implica-
national security interests of the United (2) MERCENARY.—The term ‘‘mercenary’’ tions of such coup for United States security
States; and means a person who— interests in the Horn of Africa.
(2) not more than 15 days after issuing such (A) is not, as of the date on which the re- (B) An identification of any country that
waiver, submits to the appropriate congres- port required under subsection (a) is sub- supported such coup.
sional committees a notification of the waiv- mitted, a member of the military, the secu- (3) FORM.—The report required by para-
er and the reasons for the waiver. rity forces, or any law enforcement agency graph (1) shall be submitted in unclassified
of the government of the country of which form but may contain a classified annex.
the person is a national; and (b) PROHIBITION ON ASSISTANCE.—
SA 4242. Mr. MENENDEZ submitted (1) IN GENERAL.—Amounts authorized to be
(B) is engaged in any military-, security-,
an amendment intended to be proposed appropriated by this Act, or any other Act,
or intelligence-related activity in a country
to amendment SA 3867 submitted by of which such person is not a national and is may not be obligated or expended to provide
Mr. REED and intended to be proposed not licensed or contracted for such activity assistance to the Government of Sudan until
to the bill H.R. 4350, to authorize ap- by the Government of the United States. the date on which the certification described
propriations for fiscal year 2022 for in paragraph (2) is made.
military activities of the Department SA 4243. Mr. MENENDEZ submitted (2) CERTIFICATION DESCRIBED.—The certifi-
of Defense, for military construction, an amendment intended to be proposed cation described in this paragraph is a cer-
to amendment SA 3867 submitted by tification by the Secretary of State to the
and for defense activities of the De- appropriate committees of Congress that the
partment of Energy, to prescribe mili- Mr. REED and intended to be proposed following criteria have been met:
tary personnel strengths for such fiscal to the bill H.R. 4350, to authorize ap- (A) The Prime Minister of Sudan, other ci-
year, and for other purposes; which was propriations for fiscal year 2022 for vilian members of the Sovereign Council of
ordered to lie on the table; as follows: military activities of the Department Sudan, members of civil society, and other
At the appropriate place in title XII, insert of Defense, for military construction, individuals detained in connection with the
the following: and for defense activities of the De- coup in Sudan on October 25, 2021, have been
partment of Energy, to prescribe mili- released from detention.
SEC. lll. REPORT BY SECRETARY OF STATE ON
FOREIGN MERCENARIES. tary personnel strengths for such fiscal (B) Sudan has returned to constitutional
rule under the transitional constitution.
(a) IN GENERAL.—Not later than 180 days year, and for other purposes; which was (C) The state of emergency in Sudan has
after the date of the enactment of this Act, ordered to lie on the table; as follows: been lifted, including the full restoration of
the Secretary of State, in consultation with At the end of subtitle E of title XII, add all means of communication.
the Director of National Intelligence and the the following: (D) The military forces of Sudan, including
Secretary of Defense, shall submit to the ap- SEC. 1253. ESTABLISHMENT OF JOINT INTER- the rapid support forces, have been ordered
propriate congressional committees a report AGENCY TASK FORCE ON USE OF to return to their barracks.
on the extent to which foreign mercenaries GRAY-ZONE TACTICS IN THE INDO- (c) SANCTIONS.—The President shall imme-
are being used by countries to train, equip, PACIFIC MARITIME DOMAIN. diately identify the leaders of the coup in
advise, participate in, or conduct military, (a) IN GENERAL.—Not later than 180 days Sudan on October 25, 2021, their accomplices,
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security, police, or intelligence-gathering ac- after the date of the enactment of this Act, and foreign and United States persons that
tivities and operations. the Secretary of State shall establish a joint the President determines enabled the coup
(b) ELEMENTS.—The report required under interagency task force to assess, respond to, for the imposition of sanctions pursuant to
subsection (a) shall include the following ele- and coordinate with United States allies and applicable sanctions laws.
ments: partners in response to the use of gray-zone (d) OPPOSITION TO SUPPORT BY INTER-
(1) A description and evaluation of the use tactics by state and nonstate actors in the NATIONAL FINANCIAL INSTITUTIONS.—The Sec-
of foreign mercenaries, by country. Indo-Pacific maritime domain. retary of the Treasury shall use the voice
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S7744 CONGRESSIONAL RECORD — SENATE November 3, 2021
and vote of the United States in the inter- ensure the safety of civilian or other mili- development or production of semiconduc-
national financial institutions (as defined in tary aircraft; and tors.
section 1701(c) of the International Financial (F) are highly mobile and capable of being (c) REPORT REQUIRED.—
Institutions Act (22 U.S.C. 262r(c))) to sus- rapidly deployed to remote operational envi- (1) IN GENERAL.—Not later than 90 days
pend all actions by those institutions related ronment areas with minimal organic sup- after the date of the enactment of this Act,
to loans or debt relief to Sudan until the port. and annually thereafter, the Secretary of
Secretary of State submits the certification (5) A presentation of current systems, re- Commerce shall submit to the appropriate
described in subsection (b)(2). search, development, test, and evaluation of congressional committees a report on appli-
(e) APPROPRIATE COMMITTEES OF CONGRESS systems, procurement of systems, and other cations for licenses for the export, reexport,
DEFINED.—In this section, the term ‘‘appro- activities or technologies of near-peer com- or in-country transfer of items to SMIC that
priate committees of Congress’’ means— petitors, including the People’s Republic of were issued, denied, or returned without ac-
(1) the Committee on Armed Services, the China and the Russian Federation, that are tion during the year preceding submission of
Committee on Foreign Relations, and the Se- being carried out to provide the capability to the report.
lect Committee on Intelligence of the Sen- actively deny GPS-related technologies. (2) MATTERS TO BE INCLUDED.—For each ap-
ate; and (c) FORM.—The report required by sub- plication for a license described in subpara-
(2) the Committee on Armed Services, the section (a) shall be submitted in unclassified graph (A), the report required by that sub-
Committee on Foreign Affairs, and the Per- form. paragraph (A) shall include—
manent Select Committee on Intelligence of (A) an identification of the items to which
the House of Representative. SA 4246. Mr. COTTON submitted an the application is related;
amendment intended to be proposed to (B) a description of the end-uses of the
SA 4245. Mr. CRAPO (for himself and items;
Mr. RISCH) submitted an amendment amendment SA 3867 submitted by Mr.
REED and intended to be proposed to (C) a description of the capabilities of the
intended to be proposed to amendment items;
SA 3867 submitted by Mr. REED and in- the bill H.R. 4350, to authorize appro-
(D) the quantity and value of the items;
tended to be proposed to the bill H.R. priations for fiscal year 2022 for mili- (E) the identities of the entities seeking
4350, to authorize appropriations for tary activities of the Department of the license; and
fiscal year 2022 for military activities Defense, for military construction, and (F) if the application was approved, a
of the Department of Defense, for mili- for defense activities of the Depart- statement of how the approval of the license
tary construction, and for defense ac- ment of Energy, to prescribe military is consistent with the national security and
tivities of the Department of Energy, personnel strengths for such fiscal foreign policy interests of the United States.
(d) DEFINITIONS.—In this section:
to prescribe military personnel year, and for other purposes; which was
(1) AFFILIATE.—The term ‘‘affiliate’’, with
strengths for such fiscal year, and for ordered to lie on the table; as follows: respect to an entity, means any other entity
other purposes; which was ordered to At the end of subtitle E of title XII, add that owns or controls, is owned or controlled
lie on the table; as follows: the following: by, or is under common ownership or control
At the end of subtitle D of title I, add the SEC. 1253. EXPORT CONTROL MEASURES RELAT- with, the entity.
following: ING TO SEMICONDUCTOR MANUFAC- (2) APPROPRIATE CONGRESSIONAL COMMIT-
TURING INTERNATIONAL CORPORA- TEES.—The term ‘‘appropriate congressional
SEC. 150. REPORT TO CONGRESS ON AIR FORCE
TION AND HUAWEI TECHNOLOGIES
CAPABILITIES ASSOCIATED WITH
CO., LTD.
committees’’ means—
OPERATING IN A GPS-DEGRADED (A) the Committee on Banking, Housing,
ENVIRONMENT. (a) REMOVAL FROM ENTITY LIST.—The
and Urban Affairs and the Select Committee
(a) REPORT REQUIRED.—Not later than President may not remove SMIC from the
on Intelligence of the Senate; and
March 31, 2022, the Assistant Secretary of the Entity List unless—
(B) the Committee on Foreign Affairs of
Air Force for Acquisition, Technology, and (1) the President certifies to the appro-
the House of Representatives and the Perma-
Logistics, in coordination with the Air Com- priate congressional committees that
nent Select Committee on Intelligence of the
bat Command, shall submit to the congres- SMIC—
House of Representatives.
sional defense committees a report on— (A) has ceased the activities that were the
(3) DENIED PERSONS LIST.—The term ‘‘De-
(1) the procurement of Global Positioning basis for its addition to the Entity List con-
nied Persons List’’ means the list main-
System (GPS) jamming technologies that sistent with the standards for removal of an
tained by the Bureau of Industry and Secu-
are training enablers for Air Force pilots to entity from the Entity List established in
rity of the Department of Commerce and
operate in a GPS-degraded environment; and the Export Administration Regulations;
pursuant to section 764.3(a)(2) of the Export
(2) the status of near-peer competitor ef- (B) could not reasonably be expected to—
Administration Regulations.
forts in the area of active denial of GPS ca- (i) resume activities that were the basis for
(4) ENTITY LIST.—The term ‘‘Entity List’’
pabilities. its addition to the Entity List;
means the list maintained by the Bureau of
(b) ELEMENTS.—The report required by sub- (ii) contribute directly or indirectly to the
Industry and Security of the Department of
section (a) shall include the following: military or intelligence efforts of a country
Commerce and set forth in Supplement No. 4
(1) An explanation of how narrow-beam di- subject to a United States arms embargo;
to part 744 of the Export Administration
rectional GPS jamming technology is a and
Regulations.
training enabler to pilots operating in GPS- (iii) directly or indirectly develop tech-
(5) EXPORT; EXPORT ADMINISTRATION REGU-
degraded environments. nologies that may be used for violations of
LATIONS; IN-COUNTRY TRANSFER; ITEMS; REEX-
(2) The level of investment made by the Air internationally recognized human rights, in-
PORT.—The terms ‘‘export’’, ‘‘Export Admin-
Force in the area of GPS jamming tech- cluding the surveillance of individuals based
istration Regulations’’, ‘‘in-country trans-
nology for training in GPS-degraded environ- on religious, ethnic, cultural, or political ex-
fer’’, ‘‘items’’, and ‘‘reexport’’ have the
ments. pressions or affiliations; and
meanings given those terms in section 1742 of
(3) A five-year plan, executable under the (C) does not pose a threat to the national
the Export Control Reform Act of 2018 (50
Program Objective Memorandum of the Air security or foreign policy interests of the
U.S.C. 4801).
Force for fiscal year 2022, that will signifi- United States or its allies; or
(6) SMIC.—The term ‘‘SMIC’’ means the
cantly advance the capabilities of the Air (2) the President removes SMIC from the
Semiconductor Manufacturing International
Force to train pilots in GPS-degraded envi- Entity List in order to include SMIC on the
Corporation and any of its successor entities
ronments. Denied Persons List.
or affiliates.
(4) Recommendations for additional re- (b) REVISION OF LICENSING REGULATIONS.—
search and development of GPS jamming Not later than 60 days after the date of the SA 4247. Mr. COTTON submitted an
technologies that will enable development of enactment of this Act, the Secretary of Com-
Air Force capabilities and training in GPS- merce shall publish in the Federal Register a
amendment intended to be proposed to
degraded environments, including systems final rule revising the Export Administra- amendment SA 3867 submitted by Mr.
that— tion Regulations to require that the fol- REED and intended to be proposed to
(A) can incorporate GPS jamming tech- lowing be subject to a presumption of denial: the bill H.R. 4350, to authorize appro-
nology components that the Air Force has (1) An application for a license or other au- priations for fiscal year 2022 for mili-
already invested in; thorization for the export, re-export, or in- tary activities of the Department of
(B) leverage commercial-off-the-shelf tech- country transfer to SMIC of items capable of Defense, for military construction, and
nology to the fullest extent possible; supporting the development or production of for defense activities of the Depart-
ctelli on DSK11ZRN23PROD with SENATE
(C) use multiple sensors with a command semiconductors at technology nodes 16 nano-
ment of Energy, to prescribe military
and control that fuses tracks; meters or below.
(D) possess automatic tracking capabilities (2) An application for a license or other au- personnel strengths for such fiscal
that enable the targeting of individual air- thorization for exports, re-exports, or in- year, and for other purposes; which was
craft with a steerable GPS jamming beam; country transfers to Huawei Technologies ordered to lie on the table; as follows:
(E) possess airspace deconfliction capabili- Co., Ltd. or any of its successor entities or At the appropriate place, insert the fol-
ties organic to the command and control to affiliates of items capable of supporting the lowing:
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7745
SEC. lll. ESTABLISHMENT OF OFFICE OF IN- ‘‘(3) The term ‘Office’ means the Office of year, and for other purposes; which was
TELLIGENCE IN DEPARTMENT OF Intelligence of the Department established
AGRICULTURE. ordered to lie on the table; as follows:
under subsection (a).’’.
(a) ESTABLISHMENT.— At the appropriate place, insert the fol-
(2) CONFORMING AMENDMENTS.—
(1) IN GENERAL.—Subtitle A of the Depart- lowing:
(A) Subtitle A of the Department of Agri-
ment of Agriculture Reorganization Act of SEC. ll. REAUTHORIZATION OF SBIR AND STTR
culture Reorganization Act of 1994 is amend- PROGRAMS.
1994 (7 U.S.C. 6912 et seq.) is amended by add- ed by redesignating the first section 225 (re-
ing at the end the following: (a) SBIR.—Section 9(m) of the Small Busi-
lating to Food Access Liaison) (7 U.S.C. 6925)
‘‘SEC. 224B. OFFICE OF INTELLIGENCE. ness Act (15 U.S.C. 638(m)) is amended by
as section 224A.
‘‘(a) ESTABLISHMENT.—There is established striking ‘‘September 30, 2022’’ and inserting
(B) Section 296(b) of the Department of Ag-
in the Department an Office of Intelligence. ‘‘September 30, 2027’’.
riculture Reorganization Act of 1994 (7 U.S.C. (b) STTR.—Section 9(n)(1)(A) of the Small
The Office shall be under the National Intel- 7014(b)) is amended by adding at the end the
ligence Program. Business Act (15 U.S.C. 638(n)(1)(A)) is
following: amended by striking ‘‘2022’’ and inserting
‘‘(b) DIRECTOR.—
‘‘(1) IN GENERAL.—The Office shall be head- ‘‘(11) The authority of the Secretary to ‘‘2027’’.
ed by the Director of the Office of Intel- carry out section 224B.’’. (c) PILOT PROGRAM.—Section 9(gg)(7) of the
ligence, who shall be an employee in the (b) CONFORMING AMENDMENTS RELATING TO Small Business Act (15 U.S.C. 638(gg)(7)) is
Senior Executive Service and who shall be EXISTING FUNCTIONS AND AUTHORITIES.— amended by striking ‘‘2022’’ and inserting
appointed by the Secretary. The Director (1) EXISTING FUNCTIONS OF OFFICE OF HOME- ‘‘2027’’,
LAND SECURITY OF DEPARTMENT RELATING TO
shall report directly to the Secretary.
INTELLIGENCE ON THREATS TO FOOD AND AGRI- SA 4249. Ms. DUCKWORTH (for her-
‘‘(2) QUALIFICATIONS.—The Secretary shall
CULTURE CRITICAL INFRASTRUCTURE SECTOR.—
select an individual to serve as the Director self and Ms. ERNST) submitted an
from among individuals who have significant (A) IN GENERAL.—Section 221(d) of the De-
partment of Agriculture Reorganization Act amendment intended to be proposed to
experience serving in the intelligence com- amendment SA 3867 submitted by Mr.
munity. (7 U.S.C. 6922(d)) is amended—
‘‘(3) STAFF.—The Director may appoint and (i) by striking paragraphs (4) and (5); and REED and intended to be proposed to
fix the compensation of such staff as the Di- (ii) by redesignating paragraphs (6) the bill H.R. 4350, to authorize appro-
rector considers appropriate, except that the through (8) as paragraphs (4) through (6), re- priations for fiscal year 2022 for mili-
Director may not appoint more than 5 full- spectively. tary activities of the Department of
time equivalent positions at an annual rate (B) TRANSFER OF RELATED PERSONNEL AND Defense, for military construction, and
of pay equal to or greater than the maximum ASSETS OF OFFICE OF HOMELAND SECURITY.—
for defense activities of the Depart-
rate of basic pay for GS–15 of the General The functions which the Office of Homeland
Security of the Department of Agriculture ment of Energy, to prescribe military
Schedule.
exercised under paragraphs (4) and (5) of sec- personnel strengths for such fiscal
‘‘(4) DETAIL OF PERSONNEL OF INTELLIGENCE
COMMUNITY.—Upon the request of the Direc- tion 221(d) of the Department of Agriculture year, and for other purposes; which was
tor, the head of an element of the intel- Reorganization Act of 1994 (7 U.S.C. 6922(d)) ordered to lie on the table; as follows:
ligence community may detail any of the before the effective date of this paragraph, At the end of subtitle C of title XII, add
personnel of such element to assist the Office together with the funds, assets, and other re- the following:
in carrying out its duties. Any personnel de- sources used by the Director of the Office of SEC. 1224. ASSESSMENT OF THE COUNTER-UN-
tailed to assist the Office shall not be taken Homeland Security of the Department of Ag- MANNED AERIAL SYSTEMS (UAS) CA-
into account in determining the number of riculture to carry out such functions before PABILITY OF PARTNER FORCES IN
full-time equivalent positions of the Office the effective date of this paragraph, are IRAQ.
under paragraph (3). transferred to the Director of the Office of (a) IN GENERAL.—Not later than March 1,
‘‘(c) DUTIES.—The Office shall carry out Intelligence of the Department of Agri- 2022, the Secretary of Defense shall submit
the following duties: culture. to the congressional defense committees an
‘‘(1) The Office shall be responsible for (2) CARRYING OUT INTERAGENCY EXCHANGE assessment of—
leveraging the capabilities of the intel- PROGRAM FOR DEFENSE OF FOOD AND AGRI- (1) the current state of counter-UAS capa-
ligence community and National Labora- CULTURE CRITICAL INFRASTRUCTURE SECTOR.— bility of partner forces in Iraq, including in
tories intelligence-related research, to en- Section 221(e) of the Department of Agri- the Iraqi Kurdistan Region; and
sure that the Secretary is fully informed of culture Reorganization Act (7 U.S.C. 6922(e)) (2) its implications for the security of
threats by foreign actors to United States is amended by adding at the end the fol- United States and partner forces in the re-
agriculture. lowing new paragraph: gion against UAS attack.
‘‘(2) The Office shall focus on under- ‘‘(3) AUTHORITY OF DIRECTOR OF OFFICE OF (b) ELEMENTS.—The assessment required
standing foreign efforts to— INTELLIGENCE AND COUNTERINTELLIGENCE.— by subsection (a) shall include descriptions
‘‘(A) steal United States agriculture The Secretary shall carry out this sub- of—
knowledge and technology; and section acting through the Director of the (1) the current level of counter-UAS train-
‘‘(B) develop or implement biological war- Office of Intelligence of the Department.’’. ing and equipment available to partner
fare attacks, cyber or clandestine oper- (3) COORDINATING WITH INTELLIGENCE COM- forces in Iraq, including in the Iraqi
ations, or other means of sabotaging and dis- MUNITY ON POTENTIAL THREATS TO AGRI- Kurdistan Region;
rupting United States agriculture. CULTURE.—Section 335(a)(3) of the Public (2) the type of additional training and
‘‘(3) The Office shall prepare, conduct, and Health Security and Bioterrorism Prepared- equipment needed to maximize the level of
facilitate intelligence briefings for the Sec- ness and Response Act of 2002 (7 U.S.C. counter-UAS capability of partner forces in
retary and appropriate officials of the De- 3354(a)(3)) is amended by striking ‘‘strength- Iraq, including in the Iraqi Kurdistan Re-
partment. en coordination’’ and inserting ‘‘acting gion;
‘‘(4) The Office shall operate as the liaison through the Director of the Office of Intel- (3) the availability of additional training
between the Secretary and the intelligence ligence in the Department of Agriculture, and equipment required to maximize partner
community, with the authority to request strengthen coordination’’. forces’ counter-UAS capability;
intelligence collection and analysis on mat- (4) EFFECTIVE DATE.—This subsection and (4) an assessment of the current and antici-
ters related to United States agriculture. the amendments made by this subsection pated threat from UAS systems to Iraqi and
‘‘(5) The Office shall collaborate with the shall take effect upon the appointment of coalition security forces to determine the
intelligence community to downgrade intel- the Director of the Office of Intelligence in appropriate level of requirements for
ligence assessments for broader dissemina- the Department of Agriculture under section counter-UAS systems and training; and
tion within the Department. 224B(b) of the Department of Agriculture Re- (5) any other matters the Secretary of De-
‘‘(6) The Office shall facilitate sharing in- organization Act of 1994 (as added by sub- fense determines appropriate.
formation on foreign activities related to ag- section (a)(1)).
riculture, as acquired by the Department SA 4250. Mr. WHITEHOUSE (for him-
with the intelligence community. SA 4248. Mr. CARDIN submitted an self and Mr. TOOMEY) submitted an
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
There is authorized to be appropriated for amendment intended to be proposed to amendment intended to be proposed to
the Office $970,000 for fiscal year 2022. amendment SA 3867 submitted by Mr. amendment SA 3867 submitted by Mr.
‘‘(e) DEFINITIONS.—In this section, the fol- REED and intended to be proposed to REED and intended to be proposed to
lowing definitions apply: the bill H.R. 4350, to authorize appro- the bill H.R. 4350, to authorize appro-
ctelli on DSK11ZRN23PROD with SENATE
‘‘(1) The term ‘Director’ means the Direc- priations for fiscal year 2022 for mili- priations for fiscal year 2022 for mili-
tor of the Office of Intelligence appointed
tary activities of the Department of tary activities of the Department of
under subsection (b).
‘‘(2) The terms ‘intelligence community’ Defense, for military construction, and Defense, for military construction, and
and ‘National Intelligence Program’ have the for defense activities of the Depart- for defense activities of the Depart-
meaning given such terms in section 3 of the ment of Energy, to prescribe military ment of Energy, to prescribe military
National Security Act of 1947 (50 U.S.C. 3003). personnel strengths for such fiscal personnel strengths for such fiscal
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S7746 CONGRESSIONAL RECORD — SENATE November 3, 2021
year, and for other purposes; which was personnel strengths for such fiscal (B) a launch and reentry vehicle;
ordered to lie on the table; as follows: year, and for other purposes; which was (C) a commercial spaceport;
ordered to lie on the table; as follows: (D) a commercial Earth remote sensing
At the end of subtitle D of title XII, add
satellite; or
the following: At the end of subtitle D of title III, add the (E) commercial satellite communications.
SEC. 1237. INCLUSION OF PORTUGAL AMONG following: (9) SECRETARY.—The term ‘‘Secretary’’
FOREIGN STATES WHOSE NATION- SEC. 356. APPROPRIATION OF AMOUNTS FOR
ALS ARE ELIGIBLE FOR E VISAS. means the Secretary of Commerce.
CLEANUP OF PERFLUOROALKYL
(a) SHORT TITLES.—This section may be AND POLYFLUOROALKYL SUB- (b) COMMITTEE TO ADVISE SPACE LICENSING
cited as the ‘‘Advancing Mutual Interests STANCES. AUTHORITIES.—
and Growing Our Success Act’’ or the ‘‘AMI- (a) APPROPRIATION.—There is appropriated (1) ESTABLISHMENT.—There is established a
GOS Act’’. to the Secretary of Defense for operation and committee to assist the Administrator, the
(b) NONIMMIGRANT TRADERS AND INVES- maintenance, out of amounts in the Treas- Secretary, and the Commission in con-
TORS.—For purposes of clauses (i) and (ii) of ury not otherwise appropriated, $549,000,000, ducting reviews of applications and licenses
section 101(a)(15)(E) of the Immigration and to be used for testing and response actions for the purpose of determining whether
Nationality Act (8 U.S.C. 1101(a)(15)(E)), Por- relating to perfluoroalkyl and granting the applications or maintaining the
tugal shall be considered to be a foreign polyfluoroalkyl substances. licenses poses a risk to the national security
state described in such section if the Govern- (b) AVAILABILITY.—The amount appro- or law enforcement or public safety interests
ment of Portugal provides similar non- priated under subsection (a) shall be made of the United States.
immigrant status to nationals of the United available as follows: (2) MEMBERSHIP.—
States. (1) For the Department of the Army, (A) IN GENERAL.—The Committee shall be
$100,000,000. comprised of the following Committee mem-
SA 4251. Mr. PADILLA submitted an (2) For the Department of the Navy, bers:
amendment intended to be proposed to $174,000,000. (i) The head, or a senior executive-level
amendment SA 3867 submitted by Mr. (3) For the Department of the Air Force, designee of the head, of each of the fol-
$175,000,000. lowing:
REED and intended to be proposed to
(4) For the Department of Defense for (I) The Department of Defense.
the bill H.R. 4350, to authorize appro- (II) The Department of Homeland Security.
cleanup at formerly used defense sites,
priations for fiscal year 2022 for mili- $100,000,000. (III) The Department of Justice.
tary activities of the Department of (c) EMERGENCY DESIGNATION.— (IV) The Office of the Director of National
Defense, for military construction, and (1) IN GENERAL.—The amounts appropriated Intelligence.
for defense activities of the Depart- under subsection (a) are designated as an (V) The Federal Aviation Administration.
ment of Energy, to prescribe military emergency requirement pursuant to section (VI) The National Space Council.
personnel strengths for such fiscal 4(g) of the Statutory Pay-As-You-Go Act of (VII) The Department of Commerce.
2010 (2 U.S.C. 933(g)). (ii) The head of any other executive depart-
year, and for other purposes; which was
(2) DESIGNATION IN SENATE.—In the Senate, ment of agency, or any Assistant to the
ordered to lie on the table; as follows: President, as the President considers appro-
subsection (a) is designated as an emergency
At the end of subtitle F of title XII, add requirement pursuant to section 4112(a) of H. priate.
the following: Con. Res. 71 (115th Congress), the concurrent (B) ADVISORY MEMBERS.—In addition to the
SEC. 1264. REPORT ON NAGORNO KARABAKH resolution on the budget for fiscal year 2018. Committee members, the following individ-
CONFLICT. uals shall serve as Committee advisors:
(a) IN GENERAL.—Not later than 180 days SA 4253. Mrs. FEINSTEIN submitted (i) The head, or a senior executive-level
after the date of the enactment of this Act, an amendment intended to be proposed designee of the head, of each of the fol-
the Secretary of State, in consultation with lowing:
the Secretary of Defense, shall submit to the
to amendment SA 3867 submitted by
(I) The Department of State.
congressional defense committees, the Com- Mr. REED and intended to be proposed (II) The Office of the United States Trade
mittee on Foreign Affairs of the House of to the bill H.R. 4350, to authorize ap- Representative.
Representatives, and the Committee on For- propriations for fiscal year 2022 for (III) The Department of the Treasury.
eign Relations of the Senate a report on the military activities of the Department (IV) The Securities and Exchange Commis-
2020 conflict in Nagorno Karabakh. of Defense, for military construction, sion.
(b) ELEMENTS.—The report required by sub- and for defense activities of the De- (V) The Federal Communications Commis-
section (a) shall include the following: partment of Energy, to prescribe mili- sion.
(1) An assessment of the use of any United (VI) The Environmental Protection Agen-
States-origin equipment in the 2020 conflict
tary personnel strengths for such fiscal
cy.
in Nagorno Karabakh, including any poten- year, and for other purposes; which was (VII) The Department of the Interior.
tial violations of the Arms Export Control ordered to lie on the table; as follows: (VIII) The Office of Science and Tech-
Act (22 U.S.C. 2751 et seq.), sanctions laws, or At the end of subtitle A of title XV, add nology Policy.
other provisions of United States law related the following: (IX) The Federal Bureau of Investigation.
to the use of United States-origin parts and SEC. 1516. SPACE TECHNOLOGY ADVISORY COM- (ii) The Assistant to the President for Na-
technology in a conflict. MITTEE. tional Security Affairs.
(2) An assessment of the use of white phos- (a) DEFINITIONS.—In this section: (3) CHAIRPERSON.—
phorous, cluster bombs, and other prohibited (1) ADMINISTRATOR.—The term ‘‘Adminis- (A) IN GENERAL.—The Secretary of Defense
munitions in the conflict, including an as- trator’’ means the Administrator of the Fed- shall serve as the chairperson of the Com-
sessment of any potential violations of eral Aviation Administration. mittee.
United States or international law related to (2) APPLICATION.—The term ‘‘application’’ (B) EXCLUSIVE AUTHORITY.—The chair-
the use of such munitions. means an application, petition, or other re- person shall have the exclusive authority to
(3) A description of the involvement of for- quest for a license, including an application, act, or to authorize any other Committee
eign actors in the conflict, including a de- petition, or other request to transfer a li- member to act, on behalf of the Committee,
scription of the military activities, influence cense that has already been issued. including by communicating with the Ad-
operations, and diplomatic engagement by (3) COMMISSION.—The term ‘‘Commission’’ ministrator, the Secretary, the Commission,
foreign countries before, during, and after means the Federal Communications Com- and applicants and licensees.
the conflict, and any efforts by parties to the mission. (4) LEAD MEMBERS.—The chairperson shall
conflict or foreign actors to recruit or em- (4) COMMITTEE.—The term ‘‘Committee’’ designate one or more Committee members
ploy foreign fighters during the conflict. means the committee established by sub- to serve as a lead member for carrying out a
(4) Any other matter the Secretary of section (b)(1). Committee duty, consistent with the Com-
State considers important. (5) COMMITTEE ADVISOR.—The term ‘‘Com- mittee member’s statutory authority.
mittee advisor’’ means an individual de- (5) ASSISTANT SECRETARY FOR SPACE RE-
SA 4252. Mr. PADILLA submitted an scribed in subsection (b)(2)(B). VIEW.—
amendment intended to be proposed to (6) COMMITTEE MEMBER.—The term ‘‘Com- (A) IN GENERAL.—The chairperson shall es-
amendment SA 3867 submitted by Mr. mittee member’’ means an individual de- tablish within the Office of the Under Sec-
REED and intended to be proposed to scribed in subsection(b)(2)(A). retary of Defense for Acquisition and
ctelli on DSK11ZRN23PROD with SENATE
the bill H.R. 4350, to authorize appro- (7) LEAD MEMBER.—The term ‘‘lead mem- Sustainment the position of Assistant Sec-
ber’’ means a Committee member designated retary for Space Review, which position
priations for fiscal year 2022 for mili-
under subsection (b)(4) to carry out a specific shall be principally related to the Com-
tary activities of the Department of duty of the Committee. mittee, as delegated by the Secretary of De-
Defense, for military construction, and (8) LICENSE.—The term ‘‘license’’ means a fense.
for defense activities of the Depart- license for— (B) DUTIES.—The duties of the Assistant
ment of Energy, to prescribe military (A) a launch site; Secretary for Space Review shall be—
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7747
(i) to prioritize the organization and man- (II) with respect to each such application SA 4254. Ms. HASSAN (for herself and
agement of Committee meetings; and or license— Mr. THUNE) submitted an amendment
(ii) to produce written archival records of (aa) submit additional questions or re- intended to be proposed to amendment
Committee actions. quests for information to the applicant, li-
censee, or any other entity to determine
SA 3867 submitted by Mr. REED and in-
(6) INFORMATION SHARING AND CONSULTA-
TION.—The chairperson and each lead mem- whether there are unresolved concerns; and tended to be proposed to the bill H.R.
ber shall— (bb) make a recommendation to the Ad- 4350, to authorize appropriations for
(A) keep the Committee fully informed of ministrator, the Secretary, or the Commis- fiscal year 2022 for military activities
their respective activities on behalf of the sion, as applicable, on whether the applica- of the Department of Defense, for mili-
Committee; and tion should be denied or the license should be tary construction, and for defense ac-
(B) consult the Committee before taking revoked. tivities of the Department of Energy,
any material action under this section. (ii) TIMELINE.—Not later than 90 days after
the date on which the Committee determines
to prescribe military personnel
(7) DUTIES.— strengths for such fiscal year, and for
(A) RECEIPT OF APPLICATIONS AND LI- that a secondary assessment under this sub-
paragraph is warranted, the Committee shall other purposes; which was ordered to
CENSES.—The Administrator, the Secretary,
and the Commission shall refer all applica- complete the assessment. lie on the table; as follows:
tions and licenses to the Committee, and the (iii) NOTIFICATION.—The chairperson, in co- At the appropriate place in title II, insert
Committee shall receive such applications ordination with the Administrator, the Sec- the following:
retary, and the Commission, shall notify the
and licenses, for review and determination. SEC. 2ll. APPLICATION OF PUBLIC-PRIVATE
National Security Council and the President TALENT EXCHANGE PROGRAMS IN
(B) REVIEW OF APPLICATIONS AND LI-
of any application or license with respect to THE DEPARTMENT OF DEFENSE TO
CENSES.—
which the Committee recommends a denial QUANTUM INFORMATION SCIENCES
(i) IN GENERAL.—The Committee shall—
or revocation. AND TECHNOLOGY RESEARCH.
(I) conduct a review and assessment of
(D) REQUESTS FOR ADDITIONAL INFORMA- In carrying out section 1599g of title 10,
each application and license received;
TION.— United States Code, the Secretary of Defense
(II) with respect to each such application (i) IN GENERAL.—Not later than 15 days
and license— may establish public-private exchange pro-
after receiving a response to questions or re- grams, each with up to 10 program partici-
(aa) submit questions or requests for infor- quests for additional information submitted
mation to the applicant, licensee, or any pants, focused on private sector entities
to an applicant, licensee, or any other entity working on quantum information sciences
other entity for purposes of the assessment pursuant to an review under subparagraph
under item (bb); and technology research applications.
(B) or a secondary assessment under sub-
(bb) assess whether granting the applica- SEC. 2ll. MODIFICATION OF SCIENCE, MATHE-
paragraph (C), the Committee shall— MATICS, AND RESEARCH FOR
tion or maintaining the license would pose a (I) make a determination as to whether
risk to the national security or law enforce- TRANSFORMATION (SMART) DE-
such response is complete; and FENSE EDUCATION PROGRAM.
ment or public safety interests of the United (II) notify the Administrator, the Sec-
States; (a) IN GENERAL.—Section 2192a(b) of title
retary, or the Commission, as applicable, of 10, United States Code, is amended by adding
(cc) in the case of an application or a li- such determination.
cense with respect to which the Committee at the end the following new paragraphs:
(ii) FAILURE TO RESPOND.—
determines such a risk exists, determine ‘‘(4) The Secretary shall, to the degree the
(I) IN GENERAL.—In the case of an appli-
whether, as applicable— Secretary considers practicable and appro-
cant, licensee, or other entity that fails to
(AA) the application should be granted or priate, allow a person receiving financial as-
respond to such questions or requests for ad-
denied; or sistance under this section to delay comple-
ditional information, the Committee may
(BB) the license should be maintained or tion of the person’s service obligation under
make a recommendation to the Adminis-
revoked; and this section until the person has completed—
trator, the Secretary, or the Commission, as
(dd) in the case of an application or license ‘‘(A) the terminal degree program of edu-
applicable—
determined to pose such a risk that may be cation that is typically expected in the field
(aa) to deny the application concerned
addressed through approval with condi- the person is pursuing; or
without prejudice; or
tions— ‘‘(B) a post-graduate fellowship at a non-
(bb) to rescind the license concerned.
(AA) not later than 30 days after the date Department laboratory.
(II) NOTIFICATION.—
on which the Committee receives such appli- ‘‘(5) In employing participants during the
(aa) EXTENSION.—The chairperson shall no-
cation or license for review, propose to the period of obligated service, the Secretary
tify the Administrator, the Secretary, or the
Administrator, the Secretary, or the Com- shall strive to ensure that participants are
Commission, as applicable, of any extension
mission, as applicable, the measures nec- compensated, to the extent practicable, at a
of the review or secondary assessment pe-
essary to address the risk, and recommend rate that is comparable to the rate of com-
riod.
that the application only be granted, or the pensation for employment in a similar posi-
(bb) DENIAL.—The chairperson, in coordi-
license only maintained, on the condition of tion in the private sector.’’.
nation with the Administrator, the Sec-
compliance by the applicant or licensee with retary, or the Commission, as applicable, (b) REPORT ON QUANTUM SCIENCE ACTIVITIES
such measures; shall notify the National Security Council WITHIN SMART PROGRAM.—Not later than
(BB) if the Administrator, the Secretary, and the President of any recommendation by three years after the date of the enactment
or the Commission approves the measures the Committee to deny an application or re- of this Act, the Secretary of Defense shall
proposed under subitem (AA) and grants the scind a license. submit to Congress a report on participation
application, or maintains the license, com- (iii) CONFIDENTIALITY.—Information sub- and use of the program under section 2192a of
municate with the applicant or licensee with mitted to the Committee shall not be dis- title 10, United States Code, as amended by
respect to such measures; and closed to any individual or entity outside the this subsection, with a particular focus on
(CC) monitor compliance with such meas- departments or agencies of Committee mem- levels of interest from students engaged in
ures. bers and Committee advisors, except as ap- studying quantum fields.
(ii) TIMELINE.—Not later than 30 days after propriate and consistent with procedures SEC. 2ll. IMPROVEMENTS TO DEFENSE QUAN-
the date on which the chairperson deter- governing the handling of classified or other- TUM INFORMATION SCIENCE AND
mines under subparagraph (D) that the re- TECHNOLOGY RESEARCH AND DE-
wise privileged information. VELOPMENT PROGRAM.
sponse of the applicant or licensee to any (E) NOTIFICATION OF NO OBJECTIONS.—If the
question or information request is complete, Committee does not have a recommendation (a) FELLOWSHIPS.—Section 234 of the John
the Committee shall complete the review or an objection to granting an application or S. McCain National Defense Authorization
under this subparagraph. maintaining a license, the Committee shall Act for Fiscal Year 2019 (Public Law 115–232;
(iii) NOTIFICATION.—The chairperson shall so notify the Administrator, the Secretary, 10 U.S.C. 2358 note) is amended—
notify the Administrator, the Secretary, or or the Commission, as applicable. (1) by redesignating subsection (f) as sub-
the Commission, as applicable, of any appli- (F) OTHER DUTIES.—The Committees shall section (g); and
cation or license determined by the Com- conduct other related duties, as the chair- (2) by inserting after subsection (e) the fol-
mittee to warrant a secondary assessment. person considers appropriate. lowing new subsection (f):
(C) SECONDARY ASSESSMENT OF APPLICA- (c) THREAT ANALYSIS.—With respect to ‘‘(f) FELLOWSHIPS.—
TIONS AND LICENSES.— each application and license reviewed by the ‘‘(1) PROGRAM REQUIRED.—In carrying out
(i) IN GENERAL.—The Committee shall— Committee, the Director of National Intel- the program required by subsection (a) and
ctelli on DSK11ZRN23PROD with SENATE
(I) conduct a secondary assessment of any ligence, in coordination with the intelligence subject to the availability of appropriations
application or license determined by the community (as defined in section 3 of the Na- to carry out this subsection, the Secretary
Committee to pose a risk to the national se- tional Security Act of 1947 (50 U.S.C. 3003)), shall carry out a program of fellowships in
curity or law enforcement or public safety shall issue a written assessment of any quantum information science and tech-
interests of the United States that cannot be threat to the national security interests of nology research and development for individ-
addressed through standard mitigation the United States posed by granting the ap- uals who have a graduate or post-graduate
measures; and plication or maintaining the license. degree.
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S7748 CONGRESSIONAL RECORD — SENATE November 3, 2021
‘‘(2) GUIDELINES.—The Secretary shall the Director of the National Institute of such Act (15 U.S.C. 8801) is amended to read
award fellowships under the program re- Standards and Technology, the Director of as follows:
quired by paragraph (1) pursuant to guide- the National Science Foundation, and the ‘‘(2) APPROPRIATE COMMITTEES OF CON-
lines that the Secretary shall establish and heads of other Federal agencies participating GRESS.—The term ‘appropriate committees
using appropriate authorities and programs in the National Quantum Initiative Program of Congress’ means—
available to the Secretary. shall consult with each other and the heads ‘‘(A) the Committee on Commerce,
‘‘(3) EQUAL ACCESS.—In carrying out the of other relevant Federal agencies, including Science, and Transportation, the Committee
program required by paragraph (1), the Sec- the Secretary of Defense and the Director of on Armed Services, and the Select Com-
retary shall establish procedures to ensure National Intelligence, to carry out the goals mittee on Intelligence of the Senate; and
that minority, geographically diverse, and of the National Quantum Initiative Program. ‘‘(B) the Committee on Energy and Com-
economically disadvantaged students have (2) INVOLVEMENT OF DEPARTMENT OF DE- merce, the Committee on Science, Space,
equal access to fellowship opportunities FENSE AND INTELLIGENCE COMMUNITY IN NA- and Technology, the Committee on Armed
under such program.’’. TIONAL QUANTUM INITIATIVE ADVISORY COM- Services, and the Permanent Select Com-
(b) MULTIDISCIPLINARY PARTNERSHIPS WITH MITTEE.— mittee on Intelligence of the House of Rep-
UNIVERSITIES.—Such section is further (A) QUALIFICATIONS.—Subsection (b) of sec- resentatives.’’.
amended— tion 104 of the National Quantum Initiative
(1) by redesignating subsection (g), as re- Act (Public Law 115–368; 15 U.S.C. 8814) is SA 4255. Ms. HASSAN submitted an
designated by subsection (a)(1), as subsection amended by striking ‘‘and Federal labora- amendment intended to be proposed to
(h); and tories’’ and inserting ‘‘Federal laboratories,
(2) by inserting after subsection (f), as
amendment SA 3867 submitted by Mr.
and defense and intelligence researchers’’.
added by subsection (a)(2), the following new REED and intended to be proposed to
(B) INTEGRATION.—Such section is amend-
subsection (g): ed— the bill H.R. 4350, to authorize appro-
‘‘(g) MULTIDISCIPLINARY PARTNERSHIPS (i) by redesignating subsections (e) through priations for fiscal year 2022 for mili-
WITH UNIVERSITIES.—In carrying out the pro- (g) as subsection (f) through (h), respec- tary activities of the Department of
gram under subsection (a), the Secretary of tively; and Defense, for military construction, and
Defense may develop partnerships with uni- (ii) by inserting after subsection (d) the
versities to enable students to engage in
for defense activities of the Depart-
following new subsection (e): ment of Energy, to prescribe military
multidisciplinary courses of study.’’. ‘‘(e) INTEGRATION OF DEPARTMENT OF DE-
(c) COMPTROLLER GENERAL OF THE UNITED personnel strengths for such fiscal
FENSE AND INTELLIGENCE COMMUNITY.—The
STATES ASSESSMENT OF PROGRAM.— Advisory Committee shall take such actions year, and for other purposes; which was
(1) ASSESSMENT AND BRIEFING.—Not later as may be necessary, including by modifying ordered to lie on the table; as follows:
than 180 days after the date of the enactment policies and procedures of the Advisory Com- At the appropriate place, insert the fol-
of this Act, the Comptroller General of the mittee, to ensure the full integration of the lowing:
United States shall— Department of Defense and the intelligence SEC. lll. SUPPORT AND SERVICES FOR CRIT-
(A) commence an assessment of the pro- community (as defined in section 3 of the Na- ICAL INFRASTRUCTURE.
gram carried out under section 234 of the tional Security Act of 1947 (50 U.S.C. 3003)) in Section 2012 of title 10, United States Code,
John S. McCain National Defense Authoriza- activities of the Advisory Committee.’’. is amended—
tion Act for Fiscal Year 2019 (Public Law (3) CLARIFICATION OF PURPOSE OF MULTI- (1) in subsection (e)—
115–232; 10 U.S.C. 2358 note), as amended by DISCIPLINARY CENTERS FOR QUANTUM RE- (A) by redesignating paragraph (3) as para-
this section, with consideration of the report SEARCH AND EDUCATION.—Section 302(c) of the graph (4); and
submitted under subsection (h) of such sec- National Quantum Initiative Act (Public (B) by inserting after paragraph (2) the fol-
tion (as redesignated by subsection (b)(2) of Law 115–368; 15 U.S.C. 8842(c)) is amended— lowing new paragraph (3):
this section); and (A) in paragraph (2), by striking ‘‘; and’’
(B) provide the congressional defense com- ‘‘(3) Critical infrastructure (as defined in
and inserting a semicolon; the Critical Infrastructures Protection Act
mittees a briefing on the preliminary find- (B) in paragraph (3), by striking the period
ings of the Comptroller General with respect of 2001 (42 U.S.C. 5195c)).’’; and
at the end and inserting ‘‘; and’’; and (2) in subsection (f), by adding at the end
to such program.
(C) by adding at the end the following new the following new paragraph:
(2) FINAL REPORT.—At a date agreed to by
paragraph: ‘‘(5) Procedures to ensure that assistance
the Comptroller General and the congres-
‘‘(4) encouraging workforce collaboration, provided to an entity specified in subsection
sional defense committees at the briefing
both with private industry and among Fed- (e)(3) is provided in a manner that is con-
provided pursuant to paragraph (1)(B), the
eral entities, including national defense sistent with similar assistance provided
Comptroller General shall submit to the con-
agencies and the intelligence community (as under authorities applicable to other Federal
gressional defense committees a final report
defined in section 3 of the National Security departments and agencies, including the au-
with the findings of the Comptroller General
with respect to the assessment conducted Act of 1947 (50 U.S.C. 3003)).’’. thorities of the Cybersecurity and Infra-
under paragraph (1)(A). (4) COORDINATION OF NATIONAL QUANTUM IN- structure Agency under title XXII of the
FORMATION SCIENCE RESEARCH CENTERS.—Sec- Homeland Security Act of 2002 (6 U.S.C. 651
SEC. 2ll. IMPROVEMENTS TO NATIONAL QUAN-
TUM INITIATIVE PROGRAM. tion 402(d) of the National Quantum Initia- et seq.).’’.
(a) SENSE OF CONGRESS.—It is the sense of tive Act (Public Law 115–368; 15 U.S.C.
Congress that— 8852(d)) is amended— SA 4256. Mr. LEE submitted an
(1) the execution of the National Defense (A) by redesignating paragraphs (2) and (3) amendment intended to be proposed to
Strategy is critical to national security; and as paragraphs (3) and (4), respectively; and amendment SA 3867 submitted by Mr.
(2) the success of the National Quantum (B) by inserting after paragraph (1) the fol-
REED and intended to be proposed to
Initiative Program is necessary for the De- lowing new paragraph (2):
‘‘(2) other research entities of the Federal the bill H.R. 4350, to authorize appro-
partment of Defense to carry out the Na- priations for fiscal year 2022 for mili-
tional Defense Strategy. government, including research entities in
(b) DEPARTMENT OF DEFENSE PARTICIPATION the Department of Defense and research en- tary activities of the Department of
IN NATIONAL QUANTUM INITIATIVE PROGRAM.— tities in the intelligence community (as de- Defense, for military construction, and
(1) CONSULTATION.—Section 234 of the John fined in section 3 of the National Security for defense activities of the Depart-
S. McCain National Defense Authorization Act of 1947 (50 U.S.C. 3003));’’. ment of Energy, to prescribe military
Act for Fiscal Year 2019 (Public Law 115–232; (5) NATIONAL QUANTUM COORDINATION OF- personnel strengths for such fiscal
10 U.S.C. 2358 note), as amended by section FICE, COLLABORATION WHEN REPORTING TO CON-
year, and for other purposes; which was
ø2ll¿, is further amended by inserting after GRESS.—Section 102 of the National Quantum
Initiative Act (Public Law 115–368; 15 U.S.C. ordered to lie on the table; as follows:
subsection (h), as redesignated by section
ø2ll¿, the following new subsection: 8812) is amended— At the end of subtitle E of title III, add the
‘‘(i) CONSULTATION.—The Secretary of De- (A) by redesignating subsection (c) as sub- following:
fense shall consult with the Secretary of En- section (d); and SEC. 376. BRIEFING ON AIR FORCE PLAN FOR
ergy, the Director of the National Institute (B) by inserting after subsection (b) the CERTAIN AEROSPACE GROUND
of Standards and Technology, the Director of following new subsection (c): EQUIPMENT MODERNIZATION.
the National Science Foundation, and such ‘‘(c) COLLABORATION WHEN REPORTING TO Not later than March 1, 2022, the Secretary
other officials as the Secretary of Defense CONGRESS.—The Coordination Office shall of the Air Force shall provide a briefing to
considers appropriate in development of ef- ensure that when participants in the Na- the Committees on Armed Services of the
ctelli on DSK11ZRN23PROD with SENATE
forts to conduct basic research to accelerate tional Quantum Initiative Program prepare Senate and the House of Representatives on
scientific breakthroughs in quantum infor- and submit reports to Congress that they do current and future plans for the replacement
mation science and technology.’’. so in collaboration with each other and as of aging aerospace ground equipment, which
(c) ADDITIONAL IMPROVEMENTS REGARDING appropriate Federal civilian, defense, and in- shall include—
CONSULTATION AND COORDINATION.— telligence research entities.’’. (1) an analysis of the average yearly cost
(1) IN GENERAL.—The Secretary of Energy, (6) REPORTING TO ADDITIONAL COMMITTEES to the Air Force of maintaining legacy and
the Secretary of Commerce acting through OF CONGRESS.—Paragraph (2) of section 2 of out-of-production air start carts;
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7749
(2) a comparison of the cost of recondi- (2) SUBMITTAL TO CONGRESS.—Not later At the appropriate place, insert the fol-
tioning existing legacy systems compared to than June 1, 2022, the Secretary shall submit lowing:
the cost of replacing such systems with next- to the congressional defense committees the SEC. ll. OFFICE OF THE SPECIAL INVESTI-
generation air start carts; report described in paragraph (1). GATOR FOR COMPETITION MAT-
(3) an analysis of the long-term mainte- TERS.
nance and fuel savings that would be realized SA 4259. Mr. LUJÁN (for himself, Mr. The Packers and Stockyards Act, 1921, is
by the Air Force if such systems were up- CRAPO, Mr. KELLY, Mr. HEINRICH, Ms. amended by inserting after section 210 (7
graded to next-generation air start carts; ROSEN, Ms. CORTEZ MASTO, and Mr. U.S.C. 197c) the following:
(4) an analysis of the tactical and logistical BENNET) submitted an amendment in- ‘‘SEC. 211. OFFICE OF THE SPECIAL INVESTI-
benefits of transitioning from current aero- GATOR FOR COMPETITION MAT-
tended to be proposed to amendment TERS.
space ground equipment systems to modern SA 3867 submitted by Mr. REED and in-
systems; and ‘‘(a) ESTABLISHMENT.—There is established
(5) an overview of existing and future plans
tended to be proposed to the bill H.R. within the Packers and Stockyards Division
to replace legacy air start carts with modern 4350, to authorize appropriations for of the Department of Agriculture an office,
aerospace ground equipment technology. fiscal year 2022 for military activities to be known as the ‘Office of the Special In-
of the Department of Defense, for mili- vestigator for Competition Matters’ (referred
SA 4257. Mr. INHOFE submitted an tary construction, and for defense ac- to in this section as the ‘Office’).
amendment intended to be proposed to tivities of the Department of Energy, ‘‘(b) SPECIAL INVESTIGATOR FOR COMPETI-
TION MATTERS.—The Office shall be headed
amendment SA 3867 submitted by Mr. to prescribe military personnel
by the Special Investigator for Competition
REED and intended to be proposed to strengths for such fiscal year, and for Matters (referred to in this section as the
the bill H.R. 4350, to authorize appro- other purposes; which was ordered to ‘Special Investigator’), who shall be ap-
priations for fiscal year 2022 for mili- lie on the table; as follows: pointed by the Secretary.
tary activities of the Department of At the end of subtitle E of title XXXI, add ‘‘(c) DUTIES.—The Special Investigator
Defense, for military construction, and the following: shall—
for defense activities of the Depart- SEC. 3157. IDENTIFICATION OF STATES IN FIND- ‘‘(1) use all available tools, including sub-
INGS, PURPOSE, AND APOLOGY RE- poenas, to investigate and prosecute viola-
ment of Energy, to prescribe military LATING TO FALLOUT EMITTED DUR- tions of this Act by packers;
personnel strengths for such fiscal ING THE GOVERNMENT’S ATMOS- ‘‘(2) serve as a Department of Agriculture
year, and for other purposes; which was PHERIC NUCLEAR TESTS.
liaison to, and act in consultation with, the
ordered to lie on the table; as follows: Section 2(a)(1) of the Radiation Exposure
Department of Justice and the Federal Trade
Compensation Act (Public Law 101–426; 42
At the end of subtitle A of title XV, add Commission with respect to competition and
U.S.C. 2210 note) is amended by inserting ‘‘,
the following: trade practices in the food and agricultural
including individuals in New Mexico, Idaho,
SEC. 1516. PROHIBITION ON THE USE OF AIR sector;
Colorado, Arizona, Utah, Texas, Wyoming,
FORCE PERSONNEL TO PROVIDE OP- ‘‘(3) act in consultation with the Depart-
ERATING SUPPORT TO SPACE Oregon, Washington, South Dakota, North
ment of Homeland Security with respect to
FORCE INSTALLATIONS. Dakota, Nevada, Montana, Guam, and the
national security and critical infrastructure
(a) IN GENERAL.—Subject to subsection (b), Northern Mariana Islands,’’ after ‘‘tests ex-
security in the food and agricultural sector;
the Secretary of the Air Force may not use posed individuals’’.’’
and
Air Force personnel to provide operating ‘‘(4) maintain a staff of attorneys and
SA 4260. Mr. LUJÁN (for himself, Mr.
support to Space Force installations after other professionals with appropriate exper-
October 1, 2024. CRAPO, Mr. KELLY, Mr. HEINRICH, Ms.
tise.
(b) WAIVER.—The Secretary may waive the ROSEN, Ms. CORTEZ MASTO, and Mr. ‘‘(d) PROSECUTORIAL AUTHORITY.—Notwith-
application of subsection (a) on a case-by- BENNET) submitted an amendment in- standing title 28, United States Code, the
case basis if the Secretary certifies to the tended to be proposed to amendment Special Investigator shall have the authority
congressional defense committees that only SA 3867 submitted by Mr. REED and in- to bring any civil or administrative action
Air Force personnel are capable of providing tended to be proposed to the bill H.R. authorized under this Act against a pack-
the specific support necessary. 4350, to authorize appropriations for er.’’.
fiscal year 2022 for military activities
SA 4258. Mr. INHOFE submitted an SA 4262. Mr. MURPHY submitted an
of the Department of Defense, for mili-
amendment intended to be proposed to tary construction, and for defense ac- amendment intended to be proposed to
amendment SA 3867 submitted by Mr. tivities of the Department of Energy, amendment SA 3867 submitted by Mr.
REED and intended to be proposed to to prescribe military personnel REED and intended to be proposed to
the bill H.R. 4350, to authorize appro- strengths for such fiscal year, and for the bill H.R. 4350, to authorize appro-
priations for fiscal year 2022 for mili- other purposes; which was ordered to priations for fiscal year 2022 for mili-
tary activities of the Department of lie on the table; as follows: tary activities of the Department of
Defense, for military construction, and At the appropriate place, insert the fol- Defense, for military construction, and
for defense activities of the Depart- lowing: for defense activities of the Depart-
ment of Energy, to prescribe military SEC. ll. EXTENSION OF FUND. ment of Energy, to prescribe military
personnel strengths for such fiscal Section 3(d) of the Radiation Exposure personnel strengths for such fiscal
year, and for other purposes; which was Compensation Act (Public Law 101–426; 42 year, and for other purposes; which was
ordered to lie on the table; as follows: U.S.C. 2210 note)is amended— ordered to lie on the table; as follows:
At the appropriate place in title I, insert (1) by striking the first sentence and in-
At the end of subtitle G of title X, add the
the following: serting ‘‘The Fund shall terminate 2 years
following:
after the date of enactment of the National
SEC. 1ll. REQUIREMENT FOR OPERATIONAL SEC. 1064. GLOBAL COVID–19 VACCINE DISTRIBU-
USE OF F135 ENGINES. Defense Authorization Act for Fiscal Year TION AND DELIVERY.
2022.’’; and
(a) IN GENERAL.—The Secretary of the De- (a) ACCELERATING GLOBAL COVID–19 VAC-
(2) by striking ‘‘22-year’’ and inserting ‘‘2-
fense may not change inspection criteria CINE DISTRIBUTION STRATEGY.—The Sec-
year’’.
limits for the F135 engine to allow cracks in retary of State, in consultation with the
fan blades until submittal of the report SA 4261. Mr. TESTER (for himself, Secretary of Defense, the Secretary of
under subsection (b). Health and Human Services, the Adminis-
(b) ANALYSIS AND REPORT.—
Mr. GRASSLEY, Mr. BOOKER, Mr.
trator of the United States Agency for Inter-
(1) IN GENERAL.—The Secretary of Defense DAINES, and Mr. ROUNDS) submitted an national Development, the Director of the
shall enter into a contract with a federally amendment intended to be proposed to Centers for Disease Control and Prevention,
funded research and development center to amendment SA 3867 submitted by Mr. the Chief Executive Officer of the United
provide an independent analysis of and re- REED and intended to be proposed to States International Development Finance
port on the following: the bill H.R. 4350, to authorize appro- Corporation, and the heads of other relevant
(A) The risk associated with expanding priations for fiscal year 2022 for mili- Federal departments and agencies, as deter-
limits on cracked blades or other tary activities of the Department of mined by the President, shall develop a
ctelli on DSK11ZRN23PROD with SENATE
vulnerabilities to F135 engine operations. Defense, for military construction, and strategy to expand access to, and accelerate
(B) Mitigation of risk associated with ex- the global distribution of, COVID–19 vaccines
panding such limits.
for defense activities of the Depart-
to other countries.
(C) Alternative courses of action to in- ment of Energy, to prescribe military (b) CONTENTS.—The strategy developed pur-
crease on wing time for the engine. personnel strengths for such fiscal suant to subsection (a) shall—
(D) Other topics as the Secretary considers year, and for other purposes; which was (1) describe how the United States Govern-
appropriate. ordered to lie on the table; as follows: ment will ensure the efficient delivery and
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S7750 CONGRESSIONAL RECORD — SENATE November 3, 2021
administration of COVID–19 vaccines to At the end of subtitle G of title XII, add ‘‘(10) The risk to United States Armed
United States citizens residing overseas, in- the following: Forces or other United States persons or
cluding through the donation of vaccine SEC. 1283. AMENDMENT OF WAR POWERS RESO- property involved in the operations.
doses to United States embassies, con- LUTION REGARDING AUTHORIZA- ‘‘(11) Any other information as may be re-
sulates, and international Department of De- TION AND TERMINATION OF ACTIVI- quired to fully inform Congress.’’.
TIES RELATING TO HOSTILITIES. (b) HOSTILITIES REPORT; TERMINATION OF
fense Outside Contiguous United States
sites, as appropriate; and (a) AUTHORIZATION OF ACTIVITIES.—Section ACTIVITIES.—Section 5 of the War Powers
(2) give priority for COVID–19 vaccine de- 4 of the War Powers Resolution (50 U.S.C. Resolution (50 U.S.C. 1544) is amended—
1543) is amended— (1) in subsection (a), by striking ‘‘report’’
liveries to—
(1) in subsection (a)— each place it appears and inserting ‘‘hos-
(A) countries in which United States citi-
(A) by striking paragraph (1) and inserting tilities report’’; and
zens are deemed ineligible or low priority in
the following: (2) by striking subsection (b) and inserting
the national vaccination deployment plan;
‘‘(1) into hostilities or a situation where the following:
and
there is a serious risk of hostilities either be- ‘‘(b) If Congress does not enact a specific
(B) countries that are not presently dis-
cause of the need to repel a sudden attack statutory authorization for United States
tributing a COVID–19 vaccine that—
upon the United States, its territories or Armed Forces to engage in hostilities in re-
(i) has been approved by the United States
possessions, its armed forces, or other United sponse to a request in accordance with sec-
Food and Drug Administration for emer-
States citizens overseas or because the con- tion 4(a) within 20 days after the introduc-
gency use; or crete, specific, and immediate threat of such
(ii) has met the necessary criteria for safe- tion of United States Armed Forces into hos-
a sudden attack, and the time required to tilities or a situation where there is a seri-
ty and efficacy established by the World provide Congress with a briefing necessary to
Health Organization. ous risk of hostilities, the President shall
inform a vote to obtain prior authorization withdraw, remove, and otherwise cease the
(c) SUBMISSION OF STRATEGY.—Not later
from Congress within 72 hours would prevent use of United States Armed Forces. This 20-
than 90 days after the date of the enactment
an effective defense against the attack or day period shall be extended for not more
of this Act, the Secretary of State shall sub-
mit the strategy developed pursuant to sub- threat of immediate attack;’’; than an additional 10 days if the President
section (a) to— (B) in the matter following paragraph (3)— determines, certifies, and justifies to Con-
(1) the Committee on Foreign Relations of (i) by redesignating subparagraphs (A), (B), gress in writing that unavoidable military
and (C), as clauses (i), (ii), and (iii), respec- necessity involving the safety of the forces
the Senate;
tively, and moving such clauses (as so redes- requires the continued use of the forces for
(2) the Committee on Armed Services of
ignated) 2 ems to the right; and the sole purpose of bringing about their safe
the Senate;
(ii) by striking ‘‘shall’’ and inserting the removal from hostilities.’’.
(3) the Committee on Appropriations of the
Senate; following: ‘‘shall—’’
‘‘(A) with respect to paragraph (1)— SA 4265. Mr. MURPHY (for himself
(4) the Committee on Health, Education, and Mr. LEE) submitted an amendment
Labor, and Pensions of the Senate; ‘‘(i) within 48 hours, inform Congress of the
(5) the Committee on Foreign Affairs of the President’s decision, describe the action intended to be proposed to amendment
House of Representatives; taken, the justification for proceeding with- SA 3867 submitted by Mr. REED and in-
(6) the Committee on Armed Services of out prior authorization, and certify either tended to be proposed to the bill H.R.
the House of Representatives; that hostilities have concluded or that they 4350, to authorize appropriations for
(7) the Committee on Appropriations of the are continuing; and fiscal year 2022 for military activities
‘‘(ii) not later than 7 calendar days after
House of Representatives; and of the Department of Defense, for mili-
(8) the Committee on Energy and Com- such introduction, submit to Congress a hos-
tilities report and request for specific statu-
tary construction, and for defense ac-
merce of the House of Representatives. tivities of the Department of Energy,
tory authorization except in cases where a
certification is submitted to Congress that to prescribe military personnel
SA 4263. Mr. MURPHY (for himself
the President— strengths for such fiscal year, and for
and Mr. LEE) submitted an amendment
‘‘(I) has withdrawn, removed, and other- other purposes; which was ordered to
intended to be proposed to amendment
wise ceased the use of United States Armed lie on the table; as follows:
SA 3867 submitted by Mr. REED and in- Forces from the situation that triggered this At the end of subtitle G of title XII, add
tended to be proposed to the bill H.R. requirement; and the following:
4350, to authorize appropriations for ‘‘(II) does not intend to reintroduce such SEC. 1283. AMENDMENT OF WAR POWERS RESO-
fiscal year 2022 for military activities forces; and LUTION TO DEFINE CERTAIN TERMS.
of the Department of Defense, for mili- ‘‘(B) with respect to paragraphs (2) and (a) Section 4 of the War Powers Resolution
tary construction, and for defense ac- (3),’’; and (50 U.S.C. 1543) is amended—
tivities of the Department of Energy, (2) by adding at the end the following sub- (1) in subsection (a), by striking ‘‘in which
to prescribe military personnel section: the United States Armed Forces are intro-
‘‘(d) DEFINITION OF HOSTILITIES REPORT.— duced’’ and inserting ‘‘of the introduction of
strengths for such fiscal year, and for In this joint resolution, the term ‘hostilities United States Armed Forces’’; and
other purposes; which was ordered to report’ means a written report that sets (2) in subsection (c)—
lie on the table; as follows: forth the following information: (A) by striking ‘‘United States Armed
At the end of subtitle G of title XII, add ‘‘(1) The circumstances necessitating the Forces are introduced’’ and inserting ‘‘the
the following: introduction of United States Armed Forces introduction of United States Armed
SEC. 1283. LIMITATION ON AUTHORIZATIONS FOR into hostilities or a situation where there is Forces’’; and
THE INTRODUCTION OF ARMED a serious risk of hostilities, or retaining (B) by inserting ‘‘occurs’’ after ‘‘section’’.
FORCES INTO HOSTILITIES. them in a location where hostilities or the (b) Section 8 of the War Powers Resolution
Section 5 of the War Powers Resolution (50 serious risk of hostilities has developed. (50 U.S.C. 1547) is amended by striking sub-
U.S.C. 1544) is amended by adding at the end ‘‘(2) The estimated cost of such operations. section (c) and inserting the following:
the following new subsection: ‘‘(3) The specific legislative and constitu- ‘‘(c) DEFINITIONS.—In this joint resolution:
‘‘(d) Any specific authorization for the in- tional authority for such action. ‘‘(1) INTRODUCTION OF UNITED STATES ARMED
troduction of United States Armed Forces ‘‘(4) Any international law implication re- FORCES; INTRODUCE UNITED STATES ARMED
enacted by Congress in accordance with sub- lated to such action if applicable. FORCES.—The terms ‘introduction of United
section (b) shall terminate not later than 2 ‘‘(5) The estimated scope and duration of States Armed Forces’ and ‘introduce United
years after the date of such enactment.’’. United States Armed Forces’ participation States Armed Forces’ mean—
in hostilities, including an accounting of the ‘‘(A) with respect to hostilities or a situa-
SA 4264. Mr. MURPHY (for himself personnel and weapons to be deployed. tion where there is a serious risk of hos-
and Mr. LEE) submitted an amendment ‘‘(6) The foreign country (or countries) in tilities, any commitment, engagement, or
intended to be proposed to amendment which the operations or deployment of other involvement of United States Armed
SA 3867 submitted by Mr. REED and in- United States Armed Forces are to occur or Forces, whether or not constituting self-de-
tended to be proposed to the bill H.R. are ongoing. fense measures by United States Armed
4350, to authorize appropriations for ‘‘(7) A description of their mission and the Forces in response to an attack or serious
fiscal year 2022 for military activities mission objectives that would indicate the risk of an attack in any foreign country (in-
of the Department of Defense, for mili- mission is complete. cluding the airspace, cyberspace, or terri-
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tary construction, and for defense ac- ‘‘(8) Any foreign partner force or multilat- torial waters of such country) or otherwise
eral organization that may be involved in outside the United States and whether or not
tivities of the Department of Energy, the operations. United States forces are present or operating
to prescribe military personnel ‘‘(9) The name of the specific foreign coun- remotely launched, piloted, or directed at-
strengths for such fiscal year, and for try (or countries) or organized armed group tacks; or
other purposes; which was ordered to (or groups) against which the use of force is ‘‘(B) the assigning or detailing of members
lie on the table; as follows: authorized. of United States Armed Forces to command,
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7751
advise, assist, accompany, coordinate, or use of lethal or potentially lethal force by or 1086 of the National Defense Authorization
provide logistical or material support or against United States Armed Forces (or for Act for Fiscal Year 2017 (6 U.S.C. 104); and
training for any foreign regular or irregular purposes of assigning or detailing of mem- (C) any other relevant programs relating
military forces if— bers of United States Armed Forces to com- to global health security and biodefense.
‘‘(i) those foreign forces are involved in mand, advise, assist, accompany, coordinate, (d) UNITED STATES CONTRIBUTIONS.—
hostilities; and or provide logistical or material support or (1) SENSE OF CONGRESS.—It is the sense of
‘‘(ii) such activities by United States training for any foreign regular or irregular Congress that the President, consistent with
forces make the United States a party to a military forces), irrespective of the domain, section 10003(a)(1) of the American Rescue
conflict or are more likely than not to do so. whether such force is deployed remotely, or Plan Act of 2021, should immediately make a
‘‘(2) SUBSTANTIALLY ENLARGE.— the intermittency thereof. The term does not $300,000,000 contribution to CEPI to expand
‘‘(A) IN GENERAL.—The term ‘substantially include activities undertaken pursuant to the research and development of vaccines to
enlarge’ means, for any 2 year period, an in- section 503 of the National Security Act of combat the spread of COVID–19 variants.
crease of the number of United States Armed 1947 (50 U.S.C. 3093) if such action is intended (2) NOTIFICATION.—Not later than 15 days
Forces that causes the total number of to have exclusively non-lethal effects.’’. before a contribution is made available pur-
forces in a foreign country to exceed the low- suant to paragraph (1), the President shall
est number of forces in that country during SA 4267. Mr. MURPHY submitted an notify the appropriate congressional com-
that period by 25 percent or more, or any in- amendment intended to be proposed to mittees of the amount of such contribution
crease of 1,000 or more forces. amendment SA 3867 submitted by Mr. and the purposes and national interests
‘‘(B) SPECIAL RULE.—Temporary duty and REED and intended to be proposed to served by such contribution.
rotational forces shall be included in the the bill H.R. 4350, to authorize appro-
number of United States Armed Forces for priations for fiscal year 2022 for mili- SA 4268. Mr. MURPHY (for himself,
the purposes of subparagraph (A).’’. tary activities of the Department of Mr. LEE, and Mr. SANDERS) submitted
SA 4266. Mr. MURPHY (for himself Defense, for military construction, and an amendment intended to be proposed
and Mr. LEE) submitted an amendment for defense activities of the Depart- to amendment SA 3867 submitted by
intended to be proposed to amendment ment of Energy, to prescribe military Mr. REED and intended to be proposed
SA 3867 submitted by Mr. REED and in- personnel strengths for such fiscal to the bill H.R. 4350, to authorize ap-
tended to be proposed to the bill H.R. year, and for other purposes; which was propriations for fiscal year 2022 for
4350, to authorize appropriations for ordered to lie on the table; as follows: military activities of the Department
fiscal year 2022 for military activities At the end of subtitle G of title X, add the of Defense, for military construction,
of the Department of Defense, for mili- following: and for defense activities of the De-
SEC. 1064. AUTHORIZATION FOR UNITED STATES
tary construction, and for defense ac- PARTICIPATION IN THE COALITION
partment of Energy, to prescribe mili-
tivities of the Department of Energy, FOR EPIDEMIC PREPAREDNESS IN- tary personnel strengths for such fiscal
to prescribe military personnel NOVATIONS. year, and for other purposes; which was
strengths for such fiscal year, and for (a) IN GENERAL.—The United States is au- ordered to lie on the table; as follows:
other purposes; which was ordered to thorized to participate in the Coalition for At the end of title X, add the following:
lie on the table; as follows: Epidemic Preparedness Innovations (referred
to in this section as ‘‘CEPI’’) as a Member of Subtitle H—National Security Powers Act of
At the end of subtitle G of title XII, add 2021
the Investors Council.
the following: (b) INVESTORS COUNCIL AND BOARD OF DI- SEC. 1071. SHORT TITLE.
SEC. 1283. AMENDMENT OF REPORTING RE- RECTORS.—
QUIREMENTS FOR THE INTRODUC- This subtitle may be cited as the ‘‘Na-
TION OF ARMED FORCES INTO HOS- (1) INITIAL DESIGNATION.—The President tional Security Powers Act of 2021’’.
TILITIES. shall designate an employee of the United
PART I—WAR POWERS REFORM
Section 4 of the War Powers Resolution (50 States Agency for International Develop-
ment— SEC. 1073. DEFINITIONS.
U.S.C. 1543) is amended—
(1) in the matter following subsection (a)(3) (A) to represent the United States on the In this part:
by striking subparagraphs (A) through (C) Investors Council; and (1) COUNTRY.—The term ‘‘country’’, when
and inserting the following: (B) if such employee is nominated to the used in a geographic sense, includes terri-
‘‘(A) the circumstances necessitating the Board of Directors of CEPI, to represent the tories (whether or not disputed) and posses-
introduction of United States Armed Forces United States on the Board of Directors dur- sions, territorial waters, and airspace.
into hostilities or a situation where there is ing the period beginning on the date of such (2) HOSTILITIES.—The term ‘‘hostilities’’
a serious risk of hostilities, or retaining designation and ending on September 30, means any situation involving any use of le-
them in a location where hostilities or the 2022. thal or potentially lethal force by or against
serious risk of hostilities has developed; (2) ONGOING DESIGNATIONS.—The President United States forces (or, for purposes of
‘‘(B) the estimated cost of such action; may designate an employee of the relevant paragraph 4(B), by or against foreign regular
‘‘(C) the specific legislative and constitu- Federal department or agency with fiduciary or irregular forces), irrespective of the do-
tional authority for such action; responsibility for United States contribu- main, whether such force is deployed re-
‘‘(D) any international law implication re- tions to CEPI— motely, or the intermittency thereof. The
lated to such action if applicable; (A) to represent the United States on the term does not include activities undertaken
‘‘(E) the estimated scope and duration of Investors Council; and pursuant to section 503 of the National Secu-
United States Armed Forces’ participation (B) if such employee is nominated to the rity Act of 1947 (50 U.S.C. 5093) if such action
in hostilities, including an accounting of the Board of Directors of CEPI, to represent the is intended to have exclusively non-lethal ef-
personnel and weapons to be deployed; United States on the Board of Directors. fects.
‘‘(F) the foreign country (or countries) in (3) QUALIFICATIONS.—Any employee des- (3) HOSTILITIES REPORT.—The term ‘‘hos-
which the operations or deployment of ignated pursuant to paragraph (1) or (2) shall tilities report’’ means a written report that
United States Armed Forces are to occur or have demonstrated knowledge and experi- sets forth the following information:
are ongoing; ence in the fields of development and public (A) The circumstances necessitating the
‘‘(G) a description of their mission and the health, epidemiology, or medicine from the introduction of United States forces into
mission objectives that would indicate the Federal department or agency with primary hostilities or a situation where there is a se-
mission is complete; fiduciary responsibility for United States rious risk thereof, or retaining them in a lo-
‘‘(H) any foreign partner force or multilat- contributions under subsection (c). cation where hostilities or the serious risk
eral organization that may be involved in (c) CONSULTATION.—Not later than 60 days thereof has developed.
the operations; after the date of the enactment of this Act, (B) The estimated cost of such operations.
‘‘(I) the name of the specific foreign coun- the employee designated pursuant to sub- (C) The specific legislative and constitu-
try (or countries) or organized armed group section (b)(1) shall consult with the appro- tional authority for such action.
(or groups) against which the use of force is priate congressional committees regarding— (D) Any international law implications re-
authorized; (1) the manner and extent to which the lated to such action if applicable.
‘‘(J) the risk to United States Armed United States plans to participate in CEPI, (E) The estimated scope and duration of
Forces or other United States persons or including through the governance of CEPI; the United States forces’ participation in
property involved in the operations; and (2) any planned financial contributions to hostilities, including an accounting of the
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‘‘(K) any other information as may be re- CEPI from the United States; and personnel and weapons to be deployed.
quired to fully inform Congress of such ac- (3) how participation in CEPI is expected (F) The country or countries in which the
tion.’’; and to support— operations or deployment of United States
(2) by adding at the end the following new (A) the United States Government Global forces are to occur or are ongoing.
subsection: Health Security Strategy; (G) A description of their mission and the
‘‘(d) In this joint resolution, the term ‘hos- (B) the applicable revision of the National mission objectives that would indicate the
tilities’ means any situation involving any Biodefense Strategy required under section mission is complete.
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S7752 CONGRESSIONAL RECORD — SENATE November 3, 2021
(H) Any foreign partner forces or multilat- be included in the number of United States days thereafter, in accordance with sub-
eral organizations that may be involved in forces for the purposes of this part. section (d).
the operations. (8) TRAINING.—When used with respect to (b) AUTHORIZATION FOR CERTAIN ACTIVITIES
(I) The name of the specific country (or any foreign regular or irregular forces, the RELATING TO HOSTILITIES.—In cases where
countries) or organized armed group (or term ‘‘training’’ has the meaning given the the President introduces United States
groups) against which the use of force is au- term ‘‘military education and training’’ in forces into hostilities or a situation where
thorized. section 644 of the Foreign Assistance Act of there is a serious risk of hostilities either be-
(J) The risk to United States forces or 1961 (22 U.S.C. 2403), but does not include cause of the need to repel a sudden attack
other United States persons or property in- training that is focused entirely on observ- upon the United States, its territories or
volved in the operations. ance of and respect for the law of armed con- possessions, its armed forces, or other United
(K) Any other information as may be re- flict, human rights and fundamental free- States citizens overseas or because the con-
quired to fully inform Congress. doms, the rule of law, and civilian control of crete, specific, and immediate threat of such
(4) INTRODUCE.—The term ‘‘introduce’’ the military. a sudden attack, and the time required to
means— (9) UNITED STATES FORCES.—The term provide Congress with a briefing necessary to
(A) with respect to hostilities or a situa- ‘‘United States forces’’ means any individ- inform a vote to obtain prior authorization
tion where there is a serious risk of hos- uals employed by, or under contract to, or from Congress within 72 hours would prevent
tilities, any commitment, engagement, or under the direction of, any department or an effective defense against the attack or
other involvement of United States forces, agency of the United States Government threat of immediate attack, the President
whether or not constituting self-defense who are— shall—
measures by United States forces in response (A) deployed military or paramilitary per- (1) within 48 hours of ordering the intro-
to an attack or serious risk thereof in any sonnel; or duction of United States forces into hos-
foreign country (including its airspace, (B) military or paramilitary personnel who tilities or a situation where there is a seri-
cyberspace, or territorial waters) or other- use lethal or potentially lethal force in the ous risk of hostilities, inform Congress of the
wise outside the United States and whether cyberspace domain. President’s decision, describe the action
or not United States forces are present or op- SEC. 1074. POLICY. taken, the justification for proceeding with-
erating remotely launched, piloted, or di- The constitutional authority of the Presi- out prior authorization, and certifying either
rected attacks; or that hostilities have concluded or that they
dent as Commander-in-Chief to introduce
(B) the assigning or detailing of members are continuing; and
United States Armed forces into hostilities
of United States forces to command, advise, (2) not later than 7 calendar days after or-
or into situations where there is a serious
assist, accompany, coordinate, or provide dering the introduction of United States
risk of hostilities shall be exercised only
logistical or material support or training for forces into hostilities or a situation where
pursuant to—
any foreign regular or irregular military there is a serious risk of hostilities, submit
(1) a declaration of war;
forces if—
(2) specific statutory authorization; or to Congress a hostilities report and request
(i) those foreign forces are involved in hos-
(3) when necessary to repel a sudden at- for specific statutory authorization except in
tilities; and
tack, or the concrete, specific, and imme- cases where a certification is submitted to
(ii) such activities by United States forces
diate threat of such a sudden attack upon Congress that the President—
make the United States a party to a conflict
the United States, its territories, or posses- (A) has withdrawn, removed, and otherwise
or are more likely than not to do so.
sions, its armed forces, or other United ceased the use of United States forces from
(5) SERIOUS RISK OF HOSTILITIES.—The term
States citizens overseas. the situation that triggered this require-
‘‘serious risk of hostilities’’ means any situa-
SEC. 1075. SUNSET OF EXISTING AUTHORIZA- ment; and
tion where it is more likely than not that
the United States forces will become en- TIONS FOR THE USE OF MILITARY (B) does not intend to reintroduce them.
FORCE. (c) TERMINATION OF ACTIVITIES RELATED TO
gaged in hostilities, irrespective of whether
Effective 180 days after the date of the en- HOSTILITIES.—If Congress does not enact a
the primary purpose of the mission is train-
actment of this Act, the following laws are specific statutory authorization for United
ing or assistance.
hereby repealed: States forces to engage in hostilities in re-
(6) SPECIFIC STATUTORY AUTHORIZATION.—
The term ‘‘specific statutory authorization’’ (1) The Authorization for Use of Military sponse to a request in accordance with sub-
means any joint resolution or bill introduced Force Against Iraq Resolution of 2002 (Public section (b) within 20 days after the introduc-
after the date of the enactment of this Act Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 tion of United States forces into hostilities
and enacted into law to authorize the use of note). or a situation where there is a serious risk of
military force that includes, at a minimum, (2) The Authorization for Use of Military hostilities, the President shall withdraw, re-
the following elements: Force (Public Law 107–40; 50 U.S.C. 1541 move, and otherwise cease the use of United
(A) A clearly defined mission and oper- note). States forces. This 20-day period shall be ex-
ational objectives and the identities of all (3) The Authorization for Use of Military tended for not more than an additional 10
individual countries or organized armed Force Against Iraq (Public Law 102–1; 105 days if the President determines, certifies,
groups against which hostilities by the Stat. 3; 50 U.S.C. 1541 note). and justifies to Congress in writing that un-
United States forces are authorized. (4) The 1957 Authorization for Use of Mili- avoidable military necessity involving the
(B) A requirement the President seek from tary Force in the Middle East (Public Law safety of the forces requires the continued
the Congress a subsequent specific statutory 87–5). use of the forces for the sole purpose of
authorization for any expansion of the mis- SEC. 1076. REPEAL OF THE WAR POWERS RESO- bringing about their safe removal from hos-
sion to include new operational objectives, LUTION. tilities.
additional countries, or organized armed The War Powers Resolution (Public Law (d) CONTINUING HOSTILITIES REPORTS.—If
groups. 93–148; 50 U.S.C. 1541 et seq.) is hereby re- the President obtains specific statutory au-
(C) A termination of the authorization for pealed. thorization, the President shall continue to
such use of United States forces within two SEC. 1077. NOTIFICATION. provide hostilities reports to Congress on the
years absent the enactment of a subsequent The President shall notify Congress, in United States’ forces’ engagement or pos-
specific statutory authorization for such use writing, within 48 hours after United States sible engagement in hostilities whenever
of United States forces. forces enter the territory, airspace, or there is a material change in the informa-
(D) In cases where the use of military force waters of a foreign country— tion previously reported under this section
in a particular situation is being reauthor- (1) while equipped for combat, except for and in no event less frequently than every 30
ized, an estimate and analysis prepared by deployments which relate solely to transpor- days from the delivery of the first hostilities
the Congressional Budget Office of costs to tation, supply, replacement, or training of report.
United States taxpayers to date of oper- such United States forces; or (e) FORM.—Any report submitted pursuant
ations conducted pursuant to the prior au- (2) in numbers that substantially enlarge to subsection (a), (b), or (d) shall be sub-
thorization or authorizations for that situa- the number of United States forces already mitted to Congress in unclassified form
tion, and of prospective costs to United located in a foreign nation. without any designation relating to dissemi-
States taxpayers for operations to be con- SEC. 1078. REQUIREMENT FOR AUTHORIZATION. nation control and may include a classified
ducted pursuant to the proposed authoriza- (a) PRIOR AUTHORIZATION FOR CERTAIN AC- annex only to the extent required to protect
tion. TIVITIES RELATING TO HOSTILITIES.—Except the national security of the United States.
(7) SUBSTANTIALLY ENLARGE.—The term as provided in subsection (b), before intro- (f) TRANSMITTAL.—Each report submitted
‘‘substantially enlarge’’ means, for any two- ducing United States forces into hostilities pursuant to subsection (a), (b), or (d) shall be
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year period, an increase in the number of or a situation where there is a serious risk of transmitted to each house of Congress on the
United States forces that causes the total hostilities, the President shall provide a hos- same calendar day. The report shall be—
number of forces in a foreign country to ex- tilities report to Congress and obtain a spe- (1) referred to—
ceed the lowest number of forces in that cific statutory authorization for such intro- (A) the Committee on Foreign Relations,
country during that period by 25 percent or duction. The President shall provide con- the Committee on Armed Services, and the
more, or any increase of 1,000 or more forces. tinuing hostilities reports to Congress 30 Select Committee on Intelligence of the Sen-
Temporary duty and rotational forces shall days after the initial report and every 30 ate; and
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7753
(B) the Committee on Foreign Affairs, the (3) VOTE ON FINAL PASSAGE.—Immediately (2) from any source of international legal
Committee on Armed Services, and the Per- following the conclusion of the debate on the obligation binding on the United States, in-
manent Select Committee on Intelligence of resolution and a single quorum call at the cluding any resolution of the United Nations
the House of Representatives; and conclusion of the debate if requested in ac- Security Council and any treaty ratified be-
(2) made available to any member of Con- cordance with the rules of the appropriate fore, on, or after the date of the enactment
gress upon request. House, the vote on final passage of the reso- of this Act, unless such treaty is imple-
SEC. 1079. EXPEDITED PROCEDURES FOR CON- lution shall occur. mented by legislation specifically author-
GRESSIONAL ACTION. (4) APPEALS FROM DECISIONS OF CHAIR.—Ap- izing such introduction or retention and
(a) CONSIDERATION BY CONGRESS.—Any res- peals from the decisions of the Chair relating stating that it is intended to constitute spe-
olution of disapproval described in sub- to the application of the rules of the Senate cific statutory authorization within the
section (b) may be considered by Congress or the House of Representatives, as the case meaning of this part.
using the expedited procedures set forth in may be, to the procedure relating to a reso- SEC. 1082. SEPARABILITY CLAUSE.
this section. lution shall be decided without debate. If any provision of this part or the applica-
(b) RESOLUTION OF DISAPPROVAL.—For pur- (f) CONSIDERATION BY OTHER HOUSE.— tion thereof to any person or circumstance is
poses of this section, the term ‘‘resolution’’ (1) IN GENERAL.—If, before the passage by held invalid, the remainder of the resolution
means only a joint resolution of the two one House of a resolution of that House de- and the application of such provision to any
Houses of Congress— scribed in subsection (b), that House receives other person or circumstance shall not be af-
(1) the title of which is as follows: ‘‘A joint from the other House a resolution described fected thereby.
resolution disapproving of the use of the in subsection (b), then the following proce- PART II—ARMS EXPORT CONTROL
United States Armed Forces in the prosecu- dures shall apply: SEC. 1085. SHORT TITLE.
tion of certain conflict.’’; (A) The resolution of the other House shall
(2) which does not have a preamble; and This part may be cited as the ‘‘Arms Ex-
not be referred to a committee. port Reform Act of 2021’’.
(3) the sole matter after the resolving (B)(i) The consideration as described in (e)
clause of which is as follows: ‘‘That Congress SEC. 1086. PURPOSE.
in that House shall be the same as if no reso- It is the purpose of this part to ensure the
does not approve the use of military force in lution had been received from the other
the prosecution of lllllll’’, with the proper role of Congress in national security
House; but decisions pertaining to sales, exports, leases,
blank space being filled with a description of
(ii) The vote on final passage shall be on and loans of defense articles, especially with
the conflict concerned.
(c) REFERRAL.—A resolution described in the resolution of the other House. respect to armed conflict and human rights.
subsection (b) introduced in the Senate shall (2) FOLLOWING DISPOSITION.—Upon disposi- SEC. 1087. CONGRESSIONAL AUTHORIZATION OF
be referred to the Committee on Foreign Re- tion of the resolution received from the ARMS SALES.
lations of the Senate. A resolution described other House, it shall no longer be in order to (a) CERTIFICATION REQUIRED.—
in subsection (b) that is introduced in the consider the resolution that originated in (1) IN GENERAL.—Notwithstanding any
House of Representatives shall be referred to the receiving House. other provision of law, in the case of a cov-
the Committee on Foreign Affairs of the (g) VETOES.—If the President vetoes a reso- ered letter of offer, a covered application for
House of Representatives. lution, debate in the Senate of any veto mes- a license, or a covered agreement, before
(d) DISCHARGE.—If the committee to which sage with respect to the resolution, includ- such a letter of offer or license is issued or
a resolution described in subsection (b) is re- ing all debatable motions and appeals in con- before such an agreement is entered into or
ferred has not reported such resolution (or nection with the resolution, shall be limited renewed, the President shall submit to Con-
an identical resolution) by the end of 10 cal- to 10 hours, which shall be divided equally gress a certification described in paragraph
endar days beginning on the date of intro- between those favoring and those opposing (3).
duction, such committee shall be, at the end the resolution. (2) COVERED LETTERS OF OFFERS, APPLICA-
of such period, discharged from further con- (h) RULES OF THE SENATE AND HOUSE OF TIONS FOR LICENSES, AND AGREEMENTS.—For
sideration of such resolution, and such reso- REPRESENTATIVES.—This section is enacted purposes of this subsection:
lution shall be placed on the appropriate cal- by Congress— (A) A covered letter of offer is any letter of
endar of the House involved. (1) as an exercise of the rulemaking power offer to sell under the Arms Export Control
(e) CONSIDERATION.— of the Senate and the House of Representa- Act (22 U.S.C. 2751 et seq.) any item de-
(1) IN GENERAL.—On or after the third cal- tives, respectively, and as such it is deemed scribed in subsection (c).
endar day after the date on which the com- a part of the rules of each House, respec- (B) A covered application for a license is
mittee to which such a resolution is referred tively, but applicable only with respect to any application by a person (other than with
has reported, or has been discharged (under the procedure to be followed in that House in regard to a sale under section 21 or 22 of the
subsection (d)) from further consideration of, the case of a resolution described in sub- Arms Export Control Act (22 U.S.C. 2761,
such a resolution, it is in order (even though section (b), and it supersedes other rules 2762)) for a license for the export of any item
a previous motion to the same effect has only to the extent that it is inconsistent described in subsection (c).
been disagreed to) for any Member of the re- with such rules; and (C) A covered agreement is any agreement
spective House to move to proceed to the (2) with full recognition of the constitu- involving the lease under chapter 6 of the
consideration of the resolution. All points of tional right of either House to change the Arms Export Control Act (22 U.S.C. 2796 et
order against the resolution (and against rules (so far as relating to the procedure of seq.), or the loan under chapter 2 of part II of
consideration of the resolution) are waived. that House) at any time, in the same man- the Foreign Assistance Act of 1961 (22 U.S.C.
The motion is highly privileged in the House ner, and to the same extent as in the case of 2311 et seq.), of any item described in sub-
of Representatives and is privileged in the any other rule of that House. section (c) to any foreign country or inter-
Senate and is not debatable. The motion is SEC. 1080. TERMINATION OF FUNDING. national organization for a period of one
not subject to amendment, or to a motion to Notwithstanding any other provision of year or longer.
postpone, or to a motion to proceed to the law, no funds appropriated or otherwise (3) CERTIFICATION DESCRIBED.—A certifi-
consideration of other business. A motion to made available under any law may be obli- cation described in this paragraph is a num-
reconsider the vote by which the motion is gated or expended for any activity by United bered certification containing the following:
agreed to or disagreed to shall not be in States forces for which prior congressional (A) In the case of a letter of offer to sell,
order. If a motion to proceed to the consider- authorization is required under this part but the information described in section 36(b)(1)
ation of the resolution is agreed to, the re- has not been obtained, or for which author- of the Arms Export Control Act (22 U.S.C.
spective House shall immediately proceed to ization is required under this part but has 2776(b)(1)) and section 36(b)(2) of such Act, as
consideration of the joint resolution without not been obtained by the deadline specified redesignated by section 1090(a) of this Act,
intervening motion, order, or other business, in section 1078(c) or for which a resolution of without regard to the dollar amount of such
and the resolution shall remain the unfin- disapproval in accordance with section sale, except as specified in subsection (c).
ished business of the respective House until 1079(b) has been enacted into law. (B) In the case of a license for export
disposed of. SEC. 1081. INTERPRETATION OF STATUTORY AU- (other than with regard to a sale under sec-
(2) DEBATE.—Debate on the resolution, and THORITY REQUIREMENT. tion 21 or 22 of the Arms Export Control Act
on all debatable motions and appeals in con- Statutory authority to introduce United (22 U.S.C. 2761, 2762)), the information de-
nection therewith, shall be limited to not States forces into hostilities or into situa- scribed in section 36(c) of such Act (22 U.S.C.
more than 10 hours, which shall be divided tions where there is a serious risk of hos- 2776(c)), as amended by section 1090(b) of this
equally between those favoring and those op- tilities, or to retain them in a situation Act, without regard to the dollar amount of
posing the resolution. An amendment to the where hostilities or the serious risk thereof such export, except as specified in subsection
resolution is not in order. A motion further has developed, shall not be inferred— (c).
ctelli on DSK11ZRN23PROD with SENATE
to limit debate is in order and not debatable. (1) from any provision of law, including (C) In the case of a lease or loan agree-
A motion to postpone, or a motion to pro- any provision contained in any appropriation ment, the information described in section
ceed to the consideration of other business, Act, unless such provision expressly author- 62(a) of the Arms Export Control Act (22
or a motion to recommit the resolution is izes such introduction or retention and U.S.C. 2796a(a)), unless section 62(b) of such
not in order. A motion to reconsider the vote states that it is intended to constitute spe- Act (22 U.S.C. 2796a(b)) applies, without re-
by which the resolution is agreed to or dis- cific statutory authorization within the gard to the dollar amount of such lease or
agreed to is not in order. meaning of this part; or loan, except as specified in subsection (c).
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S7754 CONGRESSIONAL RECORD — SENATE November 3, 2021
(b) CONGRESSIONAL AUTHORIZATION RE- (Transmittal number) is authorized.’’, with (2) by striking paragraphs (2) through (5);
QUIRED.— the appropriate activity, whether sale, ex- and
(1) PRIOR CONGRESSIONAL AUTHORIZATION.— port, lease, or loan, and the appropriate (3) by redesignating paragraph (6) as para-
No letter of offer may be issued under the country or international organization, date, graph (2).
Arms Export Control Act (22 U.S.C. 2751 et and transmittal number inserted. (c) LEGISLATIVE REVIEW OF LEASES AND
seq.) with respect to a proposed sale of any (2) NATO AND CERTAIN COUNTRIES.—The LOANS.—
item described in subsection (c) to any coun- joint resolution required by section 1087(b)(2) (1) REPEAL.—Section 63 of such Act (22
try or international organization (other than is a joint resolution the text of which con- U.S.C. 2796b) is repealed.
a country or international organization de- sists of only one section, which reads as fol- (2) CONFORMING AMENDMENT.—Section 62(b)
scribed in paragraph (2)), no license may be lows: ‘‘That the proposed lll to lll de- of such Act (22 U.S. 2976a(b)) is amended, in
issued under such Act with respect to a pro- scribed in the certification submitted pursu- the first sentence, by striking ‘‘(and in the
posed export of any such item to any such ant to section 1087(a) of the Arms Export Re- case’’ and all that follows through ‘‘of that
country or organization, and no lease may be form Act of 2021, which was received by Con- section)’’.
made under chapter 6 of such Act (22 U.S.C. gress on lll (Transmittal number) is not SEC. 1091. APPLICABILITY.
2796 et seq.) and no loan may be made under authorized.’’, with the appropriate activity, This part and the amendments made by
chapter 2 of part II of the Foreign Assistance whether sale, export, lease, or loan, and the this part shall apply with respect to any let-
Act of 1961 (22 U.S.C. 2311 et seq.) of any such appropriate country or international organi- ter of offer or license for export issued, or
item to any such country or organization, zation, date, and the transmittal number in- any lease or loan made, after the date of the
unless there is enacted a joint resolution or serted. enactment of this Act.
other provision of law authorizing such sale, SEC. 1089. EMERGENCY PROCEDURES UNDER PART III—NATIONAL EMERGENCIES ACT
export, lease, or loan, as the case may be. ARMS EXPORT CONTROL ACT. REFORM
(2) NATO AND CERTAIN COUNTRIES.—No let- Section 36 of the Arms Export Control Act
ter of offer or license described in paragraph SEC. 1093. REQUIREMENTS RELATING TO DEC-
is amended by adding at the end the fol- LARATION AND RENEWAL OF NA-
(1) may be issued and no lease or loan de- lowing: TIONAL EMERGENCIES.
scribed in such paragraph may be made with ‘‘(j) RESTRICTION ON EMERGENCY AUTHORITY Section 201 of the National Emergencies
respect to a proposed sale, export, lease, or RELATING TO ARMS SALES UNDER THIS ACT.— Act (50 U.S.C. 1621) is amended to read as fol-
loan, as the case may be, of any item de- A determination of the President that an lows:
scribed in subsection (c) to the North Atlan- emergency exists requiring a proposed trans- ‘‘SEC. 201. DECLARATIONS AND RENEWALS OF
tic Treaty Organization (NATO), any mem- fer of defense articles or defense services in NATIONAL EMERGENCIES.
ber country of such organization, Australia, the national security interests of the United ‘‘(a) AUTHORITY TO DECLARE NATIONAL
Japan, the Republic of Korea, Israel, New States, thus waiving the congressional re- EMERGENCIES.—With respect to Acts of Con-
Zealand, or Taiwan, if, not later than 20 cal- view requirements pursuant to section 3 — gress authorizing the exercise, during the pe-
endar days after receiving the appropriate ‘‘(1) shall apply only if— riod of a national emergency, of any special
certification, a joint resolution is enacted ‘‘(A) the President submits a determina- or extraordinary power, the President is au-
prohibiting the proposed sale, export, lease, tion and justification for each individual ap- thorized to declare such a national emer-
or loan, as the case may be. proval, letter of offer, or license for the de-
(c) ITEMS DESCRIBED.—The items described gency by proclamation. Such proclamation
fense articles or defense services that in- shall immediately be transmitted to Con-
in this subsection are those items of types cludes a specific and detailed description of
and classes as follows (including parts, com- gress and published in the Federal Register.
how such waiver of the congressional review ‘‘(b) SPECIFICATION OF PROVISIONS OF LAW
ponents, and technical data): requirements directly responds to or address- TO BE EXERCISED.—
(1) Firearms and ammunition of $1,000,000 es the circumstances of the emergency cited
or more. ‘‘(1) IN GENERAL.—No powers or authorities
in the determination; and made available by statute for use during the
(2) Air to ground munitions of $14,000,000 or ‘‘(B) the delivery of the defense articles or
more. period of a national emergency shall be exer-
defense services will take place not later cised unless and until the President specifies
(3) Tanks, armored vehicles, and related than 60 days after the date on which such de-
munitions of $14,000,000 or more. the provisions of law under which the Presi-
termination is made, unless otherwise au- dent proposes that the President or other of-
(4) Fixed and rotary, manned or unmanned thorized by Congress; and
armed aircraft of $14,000,000 or more. ficers will act in—
‘‘(2) shall not apply in the case of defense ‘‘(A) a proclamation declaring a national
(5) Services or training to security services articles or defense services that include
of $14,000,000 or more. emergency under subsection (a); or
manufacturing or co-production of the arti- ‘‘(B) one or more Executive orders relating
SEC. 1088. PROCEDURES FOR CONSIDERATION cles or services outside the United States.’’.
OF JOINT RESOLUTION AUTHOR- to the emergency published in the Federal
IZING OR PROHIBITING ARMS SEC. 1090. CONFORMING AMENDMENTS. Register and transmitted to Congress.
SALES. (a) GOVERNMENT-TO-GOVERNMENT SALES.— ‘‘(2) LIMITATIONS.—The President may—
(a) CONSIDERATION BY CONGRESS.— (1) IN GENERAL.—Section 36(b) of the Arms ‘‘(A) specify under paragraph (1) only pro-
(1) IN GENERAL.—Except as provided under Export Control Act (22 U.S.C. 2776(b)) is visions of law that make available powers
paragraph (2), any joint resolution under sec- amended— and authorities that relate to the nature of
tion 1087(b) shall be considered by Congress (A) in paragraph (1)— the national emergency; and
using the expedited procedures set forth in (i) in the matter preceding subparagraph ‘‘(B) exercise such powers and authorities
section 1079(c)-(h). (A), in the first sentence, by striking ‘‘Sub- only to address the national emergency.
(2) CONSIDERATION OF MULTIPLE CERTIFI- ject to paragraph (6)’’ and inserting ‘‘Subject ‘‘(c) TEMPORARY EFFECTIVE PERIODS.—
CATIONS.— to paragraph (4)’’; and ‘‘(1) IN GENERAL.—A declaration of a na-
(A) MULTIPLE CERTIFICATIONS.—If a joint (ii) in the flush text following subpara- tional emergency under subsection (a) may
resolution under section 1087(b) deals with graph (P), by striking the last 2 sentences; last for 30 days from the issuance of the
more than one certification, the references (B) by striking paragraphs (2) and (3); proclamation (not counting the day on which
in section 601(b)(3)(A) of the International (C) by redesignating paragraphs (4), (5), and the proclamation was issued) and shall ter-
Security Assistance and Arms Export Con- (6) as paragraphs (2), (3), and (4), respec- minate when that 30-day period expires un-
trol Act of 1976 (Public Law 94–329; 90 Stat. tively; less there is enacted into law a joint resolu-
765) to a resolution with respect to the same (D) in subparagraph (C) of paragraph (3), as tion of approval under section 203 with re-
certification shall be deemed to be a ref- so redesignated, in the first sentence, by spect to the proclamation.
erence to a joint resolution which relates to striking ‘‘Subject to paragraph (6)’’ and in- ‘‘(2) EXERCISE OF POWERS AND AUTHORI-
all of those certifications. serting ‘‘Subject to paragraph (4)’’; and TIES.—Any power or authority made avail-
(B) AMENDMENTS.—If the text of a joint (E) in paragraph (4), as redesignated by able under a provision of law described in
resolution under section 1087(b) contains subparagraph (C) of this paragraph, in the subsection (a) and specified pursuant to sub-
more than one section, amendments which matter preceding subparagraph (A), by strik- section (b) may be exercised for 30 days from
would strike one of those sections shall be in ing ‘‘in paragraph (5)(C)’’ and inserting ‘‘in the issuance of the proclamation or Execu-
order but amendments which would add an paragraph (3)(C)’’. tive order (not counting the day on which
additional section shall not be in order. (2) CONFORMING AMENDMENT.—Section such proclamation or Executive order was
(b) FORM OF JOINT RESOLUTIONS.— 38(f)(5)(B)(ii) of such Act (22 U.S.C. issued). That power or authority cannot be
(1) PRIOR CONGRESSIONAL AUTHORIZATION.— 2778(f)(5)(B)(ii)) is amended by striking ‘‘sec- exercised once that 30-day period expires, un-
The joint resolution required by section tion 36(b)(5)(A)’’ and inserting ‘‘section less there is enacted into law a joint resolu-
ctelli on DSK11ZRN23PROD with SENATE
1087(b)(1) is a joint resolution the text of 36(b)(3)(A)’’. tion of approval under section 203 approv-
which consists only of one or more sections, (b) COMMERCIALLY LICENSED SALES.—Sec- ing—
each of which reads as follows: ‘‘The pro- tion 36(c) of such Act (22 U.S.C. 2776(c)) is ‘‘(A) the proclamation of the national
posed lll to lll described in the certifi- amended— emergency or the Executive order; and
cation submitted pursuant to section 1087(a) (1) in paragraph (1), in the first sentence, ‘‘(B) the exercise of the power or authority
of the Arms Export Reform Act of 2021, by striking ‘‘Subject to paragraph (5), in’’ specified by the President in such proclama-
which was received by Congress on lll and inserting ‘‘In’’; tion or Executive order.
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7755
‘‘(3) EXCEPTION IF CONGRESS IS UNABLE TO ‘‘(B) any amounts reprogrammed or trans- emergency that is the subject of the joint
CONVENE.—If Congress is physically unable to ferred under any provision of law with re- resolution.
convene as a result of an armed attack upon spect to the emergency that remain unobli- ‘‘(D) CONSIDERATION IN SENATE.—In the
the United States or another national emer- gated on that date shall be returned and Senate, the following rules shall apply:
gency, the 30-day periods described in para- made available for the purpose for which ‘‘(i) REPORTING AND DISCHARGE.—If the
graphs (1) and (2) shall begin on the first day such amounts were appropriated; and committee to which a joint resolution of ap-
Congress convenes for the first time after ‘‘(C) any contracts entered into under any proval or a joint resolution of termination
the attack or other emergency. provision of law relating to the emergency has been referred has not reported it at the
‘‘(d) PROHIBITION ON SUBSEQUENT ACTIONS shall be terminated. end of 10 calendar days after its introduc-
IF EMERGENCIES NOT APPROVED.— ‘‘(2) SAVINGS PROVISION.—The termination tion, that committee shall be automatically
‘‘(1) SUBSEQUENT DECLARATIONS.—If a joint of a national emergency shall not moot— discharged from further consideration of the
resolution of approval is not enacted under ‘‘(A) any legal action taken or pending resolution and it shall be placed on the cal-
section 203 with respect to a national emer- legal proceeding not finally concluded or de- endar.
gency before the expiration of the 30-day pe- termined on the date of the termination ‘‘(ii) PROCEEDING TO CONSIDERATION.—Not-
riod described in subsection (c), or with re- under subsection (a) or (b); or withstanding Rule XXII of the Standing
spect to a national emergency proposed to be ‘‘(B) any legal action or legal proceeding Rules of the Senate, when the committee to
renewed under subsection (e), the President based on any act committed prior to that which a joint resolution of approval or a
may not, during the remainder of the term of date.’’. joint resolution of termination is referred
office of that President, declare a subsequent SEC. 1095. REVIEW BY CONGRESS OF NATIONAL has reported the resolution, or when that
national emergency under subsection (a) EMERGENCIES. committee is discharged under clause (i)
with respect to the same circumstances. Title II of the National Emergencies Act from further consideration of the resolution,
‘‘(2) EXERCISE OF AUTHORITIES.—If a joint (50 U.S.C. 1621 et seq.) is amended by adding it is at any time thereafter in order (even
resolution of approval is not enacted under at the end the following: though a previous motion to the same effect
section 203 with respect to a power or au- ‘‘SEC. 203. REVIEW BY CONGRESS OF NATIONAL has been disagreed to) for a motion to pro-
thority specified by the President in a proc- EMERGENCIES. ceed to the consideration of the joint resolu-
lamation under subsection (a) or an Execu- ‘‘(a) JOINT RESOLUTIONS OF APPROVAL AND tion to be made, and all points of order
tive order under subsection (b)(1)(B) with re- OF TERMINATION.— against the joint resolution (and against
spect to a national emergency, the President ‘‘(1) DEFINITIONS.—In this section: consideration of the joint resolution) are
may not, during the remainder of the term of ‘‘(A) JOINT RESOLUTION OF APPROVAL.—The waived. The motion to proceed is subject to
office of that President, exercise that power term ‘joint resolution of approval’ means a 4 hours of debate divided equally between
or authority with respect to that emergency. joint resolution that contains only the fol- those favoring and those opposing the joint
‘‘(e) RENEWAL OF NATIONAL EMERGENCIES.— lowing provisions after its resolving clause: resolution of approval or the joint resolution
A national emergency declared by the Presi- ‘‘(i) A provision approving— of termination. The motion is not subject to
dent under subsection (a) or previously re- ‘‘(I) a proclamation of a national emer- amendment, or to a motion to postpone, or
newed under this subsection, and not already gency made under section 201(a); to a motion to proceed to the consideration
terminated pursuant to subsection (c) or sec- ‘‘(II) an Executive order issued under sec- of other business.
tion 202(a), shall terminate on a date that is tion 201(b)(1)(B); or ‘‘(iii) FLOOR CONSIDERATION.—A joint reso-
not later than one year after the President ‘‘(III) an Executive order issued under sec- lution of approval or a joint resolution of
transmitted to Congress the proclamation tion 201(e). termination shall be subject to 10 hours of
declaring the emergency under subsection ‘‘(ii) A provision approving a list of all or debate, to be divided evenly between the pro-
(a) or Congress approved a previous renewal a portion of the provisions of law specified ponents and opponents of the resolution.
pursuant to this subsection, unless— by the President under section 201(b) in the ‘‘(iv) AMENDMENTS.—
‘‘(1) the President publishes in the Federal proclamation or Executive order that is the ‘‘(I) IN GENERAL.—Except as provided in
Register and transmits to Congress an Exec- subject of the joint resolution. subclause (II), no amendments shall be in
utive order renewing the emergency; and ‘‘(B) JOINT RESOLUTION OF TERMINATION.— order with respect to a joint resolution of ap-
‘‘(2) there is enacted into law a joint reso- The term ‘joint resolution of termination’ proval or a joint resolution of termination.
lution of approval renewing the emergency means a joint resolution terminating— ‘‘(II) AMENDMENTS TO STRIKE OR ADD SPECI-
pursuant to section 203 before the termi- ‘‘(i) a national emergency declared under FIED PROVISIONS OF LAW.—Subclause (I) shall
nation of the emergency or previous renewal section 201(a); or not apply with respect to any amendment to
of the emergency. ‘‘(ii) the exercise of any powers or authori- a joint resolution of approval to strike from
‘‘(f) EFFECT OF FUTURE LAWS.—No law en- ties pursuant to that emergency. or add to the list required by paragraph
acted after the date of the enactment of this ‘‘(2) PROCEDURES FOR CONSIDERATION OF (1)(A)(ii) a provision or provisions of law
Act shall supersede this title unless it does JOINT RESOLUTIONS OF APPROVAL.— specified by the President under section
so in specific terms, referring to this title, ‘‘(A) INTRODUCTION.—After the President 201(b) in the proclamation or Executive
and declaring that the new law supersedes transmits to Congress a proclamation declar- order.
the provisions of this title.’’. ing a national emergency under section ‘‘(v) MOTION TO RECONSIDER FINAL VOTE.—A
SEC. 1094. TERMINATION OF NATIONAL EMER- 201(a), or an Executive order renewing an motion to reconsider a vote on final passage
GENCIES. emergency under section 201(e) or specifying of a joint resolution of approval or of a joint
Section 202 of the National Emergencies emergency powers or authorities under sec- resolution of termination shall not be in
Act (50 U.S.C. 1622) is amended to read as fol- tion 201(b)(1)(B), a joint resolution of ap- order.
lows: proval or a joint resolution of termination ‘‘(vi) APPEALS.—Points of order, including
‘‘SEC. 202. TERMINATION OF NATIONAL EMER- may be introduced in either House of Con- questions of relevancy, and appeals from the
GENCIES. gress by any member of that House. decision of the Presiding Officer, shall be de-
‘‘(a) IN GENERAL.—Any national emergency ‘‘(B) REQUESTS TO CONVENE CONGRESS DUR- cided without debate.
declared by the President under section ING RECESSES.—If, when the President trans- ‘‘(E) CONSIDERATION IN HOUSE OF REP-
201(a) shall terminate on the earliest of— mits to Congress a proclamation declaring a RESENTATIVES.—In the House of Representa-
‘‘(1) the date provided for in section 201(c); national emergency under section 201(a), or tives, if any committee to which a joint reso-
‘‘(2) the date on which Congress, by stat- an Executive order renewing an emergency lution of approval or a joint resolution of
ute, terminates the emergency; under section 201(e) or specifying emergency termination has been referred has not re-
‘‘(3) the date on which the President issues powers or authorities under section ported it to the House at the end of 10 cal-
a proclamation terminating the emergency; 201(b)(1)(B), Congress has adjourned sine die endar days after its introduction, such com-
or or has adjourned for any period in excess of mittee shall be discharged from further con-
‘‘(4) the date provided for in section 201(e). 3 calendar days, the Speaker of the House of sideration of the joint resolution, and it
‘‘(b) 5-YEAR LIMITATION.—Under no cir- Representatives and the President pro tem- shall be placed on the appropriate calendar.
cumstances may a national emergency de- pore of the Senate, if they deem it advisable On Thursdays it shall be in order at any time
clared by the President under section 201(a) (or if petitioned by at least one-third of the for the Speaker to recognize a Member who
continue on or after the date that is 5 years membership of their respective Houses) shall favors passage of a joint resolution that has
after the date on which the national emer- jointly request the President to convene appeared on the calendar for at least 3 cal-
gency was first declared. Congress in order that it may consider the endar days to call up that joint resolution
‘‘(c) EFFECT OF TERMINATION.— proclamation or Executive order and take for immediate consideration in the House
ctelli on DSK11ZRN23PROD with SENATE
‘‘(1) IN GENERAL.—Effective on the date of appropriate action pursuant to this section. without intervention of any point of order.
the termination of a national emergency ‘‘(C) COMMITTEE REFERRAL.—A joint resolu- When so called up a joint resolution shall be
under subsection (a) or (b)— tion of approval or a joint resolution of ter- considered as read and shall be debatable for
‘‘(A) except as provided by paragraph (2), mination shall be referred in each House of 1 hour equally divided and controlled by the
any powers or authorities exercised by rea- Congress to the committee or committees proponent and an opponent, and the previous
son of the emergency shall cease to be exer- having jurisdiction over the emergency au- question shall be considered as ordered to its
cised; thorities invoked pursuant to the national passage without intervening motion. It shall
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S7756 CONGRESSIONAL RECORD — SENATE November 3, 2021
not be in order to reconsider the vote on pas- may request in connection with any national At the end of subtitle C of title I, add the
sage. If a vote on final passage of the joint emergency in effect under title II. following:
resolution has not been taken on or before ‘‘(f) PERIODIC REPORTS ON STATUS OF EMER- SEC. 138. REPORT ON THE POTENTIAL BENEFITS
the close of the tenth calendar day after the GENCIES.—If the President declares a na- OF A MULTIYEAR CONTRACT FOR
resolution is reported by the committee or tional emergency under section 201(a), the FISCAL YEAR 2023 THROUGH 2027
FOR THE PROCUREMENT OF FLIGHT
committees to which it was referred, or after President shall, not less frequently than
III ARLEIGH BURKE-CLASS DE-
such committee or committees have been every 180 days for the duration of the emer- STROYERS.
discharged from further consideration of the gency, report to Congress on the status of (a) IN GENERAL.—Not later than March 1,
resolution, such vote shall be taken on that the emergency and the actions the President 2022, the Secretary of the Navy shall submit
day. or other officers have taken and authorities to the congressional defense committees a
‘‘(F) RECEIPT OF RESOLUTION FROM OTHER the President and such officers have relied report on the potential benefits of a
HOUSE.—If, before passing a joint resolution on in addressing the emergency. multiyear contract for the period of fiscal
of approval or a joint resolution of termi- ‘‘(g) FINAL REPORT ON ACTIVITIES DURING year 2023 through 2027 for the procurement of
nation, one House receives from the other NATIONAL EMERGENCY.—Not later than 90 Flight III Arleigh Burke-class destroyers.
House a joint resolution of approval or a days after the termination under section 202 (b) ELEMENTS.—The report required by sub-
joint resolution of termination— of a national emergency declared under sec- section (a) shall include preliminary find-
‘‘(i) the joint resolution of the other House tion 201(a), the President shall transmit to ings, and the basis for such findings, of the
shall not be referred to a committee and Congress a final report describing— Secretary with respect to whether—
shall be deemed to have been discharged ‘‘(1) the actions that the President or other (1) the use of a contract described in such
from committee on the day it is received; officers took to address the emergency; and subsection could result in significant savings
and ‘‘(2) the powers and authorities the Presi- of the total anticipated costs of carrying out
‘‘(ii) the procedures set forth in subpara- dent and such officers relied on to take such the program through annual contracts;
graph (D) or (E), as applicable, shall apply in actions. (2) the minimum need for the destroyers
the receiving House to the joint resolution ‘‘(h) PUBLIC DISCLOSURE.—Each report re- described in such subsection to be purchased
received from the other House to the same quired by this section shall be transmitted in is expected to remain substantially un-
extent as such procedures apply to a joint unclassified form and be made public at the changed during the contemplated contract
resolution of the receiving House. same time the report is transmitted to Con- period in terms of production rate, procure-
‘‘(G) RULE OF CONSTRUCTION.—The enact- gress, although a classified annex may be ment rate, and total quantities;
ment of a joint resolution of approval or of provided to Congress, if necessary.’’. (3) there is a reasonable expectation that
a joint resolution of termination under this SEC. 1097. CONFORMING AMENDMENTS. throughout the contemplated contract pe-
subsection shall not be interpreted to serve (a) NATIONAL EMERGENCIES ACT.—Title III riod the Secretary of Defense will request
as a grant or modification by Congress of of the National Emergencies Act (50 U.S.C. funding for the contract at the level required
statutory authority for the emergency pow- 1631) is repealed. to avoid contract cancellation;
ers of the President. (b) INTERNATIONAL EMERGENCY ECONOMIC (4) there is a stable design for the destroy-
‘‘(b) RULES OF THE HOUSE AND THE SEN- POWERS ACT.—Section 207 of the Inter- ers to be acquired and that the technical
ATE.—Subsection (a) is enacted by Con- national Emergency Economic Powers Act risks associated with such property are not
gress— (50 U.S.C. 1706) is amended— excessive;
‘‘(1) as an exercise of the rulemaking power (1) in subsection (b), by striking ‘‘if the na- (5) the estimates of both the cost of the
of the Senate and the House of Representa- tional emergency’’ and all that follows contract and the anticipated cost avoidance
tives, respectively, and as such is deemed a through ‘‘under this section.’’ and inserting through the use of a multiyear contract are
part of the rules of each House, respectively, the following: ‘‘if— realistic; and
but applicable only with respect to the pro- ‘‘(1) the national emergency is terminated (6) the use of such a contract will promote
cedure to be followed in the House in the pursuant to section 202(a)(2) of the National the national security of the United States.
case of joint resolutions of approval, and su- (c) EVALUATION BY QUANTITY.—The report
Emergencies Act; or
persede other rules only to the extent that it required by subsection (a) shall evaluate
‘‘(2) a joint resolution of approval is not
is inconsistent with such other rules; and each of the following quantities of Flight III
enacted as required by section 203 of that
‘‘(2) with full recognition of the constitu- Arleigh Burke-class destroyers for the period
Act to approve— described in such subsection:
tional right of either House to change the ‘‘(A) the national emergency; or
rules (so far as relating to the procedure of (1) 10.
‘‘(B) the exercise of such authorities.’’; and (2) 12.
that House) at any time, in the same man- (2) in subsection (c)(1), by striking ‘‘para-
ner, and to the same extent as in the case of (3) 15.
graphs (A), (B), and (C) of section 202(a)’’ and (4) Any other quantities the Secretary of
any other rule of that House.’’. inserting ‘‘section 202(c)(2)’’. the Navy considers appropriate.
SEC. 1096. REPORTING REQUIREMENTS. SEC. 1098. APPLICABILITY.
Section 401 of the National Emergencies (a) IN GENERAL.—Except as provided in SA 4270. Ms. BALDWIN (for herself
Act (50 U.S.C. 1641) is amended by adding at subsection (b), this part and the amendments and Ms. ERNST) submitted an amend-
the end the following: made by this part shall take effect on the ment intended to be proposed to
‘‘(d) REPORT ON EMERGENCIES.—The Presi- date of the enactment of this Act.
dent shall transmit to Congress, with any
amendment SA 3867 submitted by Mr.
(b) APPLICATION TO NATIONAL EMERGENCIES REED and intended to be proposed to
proclamation declaring a national emer- PREVIOUSLY DECLARED.—A national emer-
gency under section 201(a), or Executive gency declared under section 201 of the Na-
the bill H.R. 4350, to authorize appro-
order renewing an emergency under section tional Emergencies Act before the date of priations for fiscal year 2022 for mili-
201(e) or specifying emergency powers or au- the enactment of this Act shall be unaffected tary activities of the Department of
thorities under section 201(b)(1)(B), a report, by the amendments made by this part, ex- Defense, for military construction, and
in writing, that includes the following: cept that such an emergency shall terminate for defense activities of the Depart-
‘‘(1) A description of the circumstances ne- on the date that is not later than one year ment of Energy, to prescribe military
cessitating the declaration of a national after such date of enactment unless the personnel strengths for such fiscal
emergency, the renewal of such an emer- emergency is renewed under subsection (e) of year, and for other purposes; which was
gency, or the use of a new emergency author- such section 201, as amended by section 1093
ity specified in the Executive order, as the
ordered to lie on the table; as follows:
of this Act.
case may be. At the end of subtitle B of title III, add the
‘‘(2) The estimated duration of the national following:
SA 4269. Mr. WICKER (for himself, SEC. 318. CONSIDERATION UNDER DEFENSE EN-
emergency. Ms. COLLINS, Mr. KING, and Mrs. HYDE- VIRONMENTAL RESTORATION PRO-
‘‘(3) A summary of the actions the Presi-
SMITH) submitted an amendment in- GRAM FOR STATE-OWNED FACILI-
dent or other officers intend to take, includ- TIES OF THE NATIONAL GUARD
ing any reprogramming or transfer of funds, tended to be proposed to amendment
WITH PROVEN EXPOSURE OF HAZ-
and the statutory authorities the President SA 3867 submitted by Mr. REED and in- ARDOUS SUBSTANCES AND WASTE.
and such officers expect to rely on in ad- tended to be proposed to the bill H.R. (a) DEFINITION OF STATE-OWNED NATIONAL
dressing the national emergency. 4350, to authorize appropriations for GUARD FACILITY.—Section 2700 of title 10,
‘‘(4) In the case of a renewal of a national fiscal year 2022 for military activities United States Code, is amended by adding at
emergency, a summary of the actions the of the Department of Defense, for mili- the end the following new paragraph:
ctelli on DSK11ZRN23PROD with SENATE
President or other officers have taken in the tary construction, and for defense ac- ‘‘(4) The term ‘State-owned National Guard
preceding one-year period, including any re- facility’ means land owned and operated by a
tivities of the Department of Energy,
programming or transfer of funds, to address State when such land is used for training the
the emergency. to prescribe military personnel National Guard pursuant to chapter 5 of title
‘‘(e) PROVISION OF INFORMATION TO CON- strengths for such fiscal year, and for 32 with funds provided by the Secretary of
GRESS.—The President shall provide to Con- other purposes; which was ordered to Defense or the Secretary of a military de-
gress such other information as Congress lie on the table; as follows: partment, even though such land is not
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7757
under the jurisdiction of the Department of (d) REPORTS.— lege or university’’ has the meaning given
Defense.’’. (1) IN GENERAL.—Not later than September the term ‘‘part B institution’’ as defined in
(b) AUTHORITY FOR DEFENSE ENVIRON- 30, 2022, each Secretary of a military depart- section 322 of the Higher Education Act of
MENTAL RESTORATION PROGRAM.—Section ment shall submit to the Committees on 1965 (20 U.S.C. 1061).
2701(a)(1) of such title is amended, in the Armed Services of the Senate and the House (3) INSTITUTION OF HIGHER EDUCATION.—The
first sentence, by inserting ‘‘and at State- of Representatives a report on the compli- term ‘‘institution of higher education’’ has
owned National Guard facilities’’ before the ance of the military department concerned the meaning given the term in section 101(a)
period. with this section. of the Higher Education Act of 1965 (20 U.S.C.
(c) RESPONSIBILITY FOR RESPONSE AC- (2) ELEMENTS.— 1001(a)).
TIONS.—Section 2701(c)(1) of such title is (A) IN GENERAL.—Each report required by (4) MINORITY-SERVING INSTITUTION.—The
amended by adding at the end the following paragraph (1) shall include— term ‘‘minority-serving institution’’ means
new subparagraph: (i) an accounting of the number of uni- an institution listed in section 371(a) of the
‘‘(D) Each State-owned National Guard fa- formed personnel and civilian personnel as- Higher Education Act of 1965 (20 U.S.C.
cility currently being used for training the signed to a military medical treatment facil- 1067q(a)).
National Guard pursuant to chapter 5 of title ity as of October 1, 2019; and (5) SECRETARY.—The term ‘‘Secretary’’
32.’’. (ii) a comparable accounting as of Sep- means the Secretary of Homeland Security.
tember 30, 2022. (b) AUTHORIZATION OF GRANTS.—
SA 4271. Mr. REED (for himself and (B) EXPLANATION.—If the number specified (1) IN GENERAL.—The Secretary shall—
Mr. INHOFE) submitted an amendment in clause (ii) of subparagraph (A) is less than (A) award grants to assist institutions of
intended to be proposed to amendment the number specified in clause (i) of such higher education that have an enrollment of
SA 3867 submitted by Mr. REED and in- subparagraph, the Secretary concerned shall needy students, historically Black colleges
tended to be proposed to the bill H.R. provide a full explanation for the reduction. and universities, and minority-serving insti-
4350, to authorize appropriations for tutions, to establish or expand cybersecurity
SA 4272. Mr. OSSOFF submitted an programs, to build and upgrade institutional
fiscal year 2022 for military activities amendment intended to be proposed to capacity to better support new or existing
of the Department of Defense, for mili- amendment SA 3867 submitted by Mr. cybersecurity programs, including cyberse-
tary construction, and for defense ac- REED and intended to be proposed to curity partnerships with public and private
tivities of the Department of Energy, the bill H.R. 4350, to authorize appro- entities, and to support such institutions on
to prescribe military personnel priations for fiscal year 2022 for mili- the path to producing qualified entrants in
strengths for such fiscal year, and for tary activities of the Department of
the cybersecurity workforce or becoming a
other purposes; which was ordered to National Center of Academic Excellence in
Defense, for military construction, and Cybersecurity; and
lie on the table; as follows: for defense activities of the Depart- (B) award grants to build capacity at insti-
At the end of subtitle B of title VII, insert ment of Energy, to prescribe military tutions of higher education that have an en-
the following:
personnel strengths for such fiscal rollment of needy students, historically
SEC. 728. ASSIGNMENT OF MEDICAL AND DENTAL
year, and for other purposes; which was Black colleges and universities, and minor-
PERSONNEL OF THE MILITARY DE-
PARTMENTS TO MILITARY MEDICAL ordered to lie on the table; as follows: ity-serving institutions, to expand cyberse-
TREATMENT FACILITIES. curity education opportunities, cybersecu-
At the end of subtitle F of title X, add the
(a) IN GENERAL.—The Secretaries of the rity technology and programs, cybersecurity
following:
military departments shall ensure that the research, and cybersecurity partnerships
SEC. 1054. BRIEFING ON GEOGRAPHIC EXPAN-
Surgeons General of the Armed Forces carry SION OF DEFENSE INNOVATION with public and private entities.
out fully the requirements of section UNIT ACTIVITIES. (2) RESERVATION.—The Secretary shall
712(b)(3) of the John S. McCain National De- Not later than one year after enactment of award not less than 50 percent of the amount
fense Authorization Act for Fiscal Year 2019 this Act, the Secretary of Defense shall pro- available for grants under this section to his-
(Public Law 115–232; 10 U.S.C. 1073c note) by vide a briefing to Congress on courses of ac- torically Black colleges and universities and
not later than September 30, 2022. tion to expand the geographic reach of De- minority-serving institutions.
(b) ASSIGNMENTS TO MILITARY MEDICAL fense Innovation Unit activities to new or (3) COORDINATION.—The Secretary shall
TREATMENT FACILITIES.—For purposes of car- underserved regions, with particular empha- carry out this section in coordination with
rying out fully the requirements of section sis on— the National Initiative for Cybersecurity
712(b)(3) of the John S. McCain National De- (1) access to partnership opportunities at Education at the National Institute of
fense Authorization Act for Fiscal Year 2019, institutions of higher education that con- Standards and Technology.
as required by subsection (a), assignment of duct relevant Federally funded research; (4) SUNSET.—The Secretary’s authority to
uniformed medical and dental personnel to a (2) access to a relevant private commercial award grants under paragraph (1) shall ter-
military medical treatment facility pursu- sector; and minate on the date that is 5 years after the
ant to such section may be accomplished by (3) proximity to major Department of De- date the Secretary first awards a grant
the assignment of such personnel to an orga- fense installations and relevant activities. under paragraph (1).
nizational unit of the military department (5) AMOUNTS TO REMAIN AVAILABLE.—Not-
concerned under a service manpower docu- SA 4273. Mr. OSSOFF (for himself, withstanding section 1552 of title 31, United
ment with allocation against a manpower re- Mr. TILLIS, Mr. SCOTT of South Caro- States Code, or any other provision of law,
quirement on a Defense Health Agency man- lina, Mr. KING, Ms. CORTEZ MASTO, Mr. funds available to the Secretary for obliga-
power document of a military medical treat- tion for a grant under this section shall re-
KELLY, and Mr. ROUNDS) submitted an main available for expenditure for 100 days
ment facility with duty at the military med- amendment intended to be proposed to
ical treatment facility. after the last day of the performance period
(c) ADDITIONAL REQUIREMENT FOR WALTER amendment SA 3867 submitted by Mr. of such grant.
REED NATIONAL MILITARY MEDICAL CENTER.— REED and intended to be proposed to (c) APPLICATIONS.—An eligible institution
(1) ASSIGNMENT OF MILITARY PERSONNEL.— the bill H.R. 4350, to authorize appro- seeking a grant under subsection (a) shall
For fiscal years 2023 through 2027, except as priations for fiscal year 2022 for mili- submit an application to the Secretary at
provided in paragraph (2), the Secretary of tary activities of the Department of such time, in such manner, and containing
Defense shall ensure that the Secretaries of Defense, for military construction, and such information as the Secretary may rea-
the military departments assign to the Wal- for defense activities of the Depart- sonably require, including a statement of
ter Reed National Military Medical Center how the institution will use the funds award-
ment of Energy, to prescribe military ed through the grant to expand cybersecu-
sufficient military personnel to meet not
less than 85 percent of the joint table of dis- personnel strengths for such fiscal rity education opportunities at the eligible
tribution in effect for such facility on De- year, and for other purposes; which was institution.
cember 23, 2016. ordered to lie on the table; as follows: (d) ACTIVITIES.—An eligible institution
(2) EXCEPTION.—Paragraph (1) shall not At the appropriate place, insert the fol- that receives a grant under this section may
apply to any fiscal year for which the Sec- lowing: use the funds awarded through such grant for
retary of Defense certifies at the beginning SEC. ll. DR. DAVID SATCHER CYBERSECURITY increasing research, education, technical,
of such fiscal year to the Committees on EDUCATION GRANT PROGRAM. partnership, and innovation capacity, includ-
Armed Services of the Senate and the House (a) DEFINITIONS.—In this section: ing for—
ctelli on DSK11ZRN23PROD with SENATE
of Representatives that notwithstanding the (1) ENROLLMENT OF NEEDY STUDENTS.—The (1) building and upgrading institutional ca-
failure to meet the requirement under such term ‘‘enrollment of needy students’’ has the pacity to better support new or existing cy-
paragraph, the Walter Reed National Mili- meaning given the term in section 312(d) of bersecurity programs, including cybersecu-
tary Medical Center is fully capable of car- the Higher Education Act of 1965 (20 U.S.C. rity partnerships with public and private en-
rying out all significant activities as the pre- 1058(d)). tities;
mier medical center of the military health (2) HISTORICALLY BLACK COLLEGE OR UNI- (2) building and upgrading institutional ca-
system. VERSITY.—The term ‘‘historically Black col- pacity to provide hands-on research and
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S7758 CONGRESSIONAL RECORD — SENATE November 3, 2021
training experiences for undergraduate and support such institutions to successfully par- (I) the seller has provided any changes to
graduate students; and ticipate in Defense Innovation Unit pro- such information to the online marketplace,
(3) outreach and recruitment to ensure stu- grams. if any such changes have occurred;
dents are aware of such new or existing cy- (II) there have been no changes to such
bersecurity programs, including cybersecu- SA 4275. Mr. DURBIN (for himself seller’s information; or
rity partnerships with public and private en- and Mr. CASSIDY) submitted an amend- (III) such seller has provided any changes
tities. ment intended to be proposed to to such information to the online market-
(e) REPORTING REQUIREMENTS.—Not later amendment SA 3867 submitted by Mr. place.
than— REED and intended to be proposed to (C) SUSPENSION.—In the event that a high-
(1) 1 year after the effective date of this volume third party seller does not provide
section, as provided in subsection (g), and
the bill H.R. 4350, to authorize appro- the information or certification required
annually thereafter until the Secretary sub- priations for fiscal year 2022 for mili- under this paragraph, the online market-
mits the report under paragraph (2), the Sec- tary activities of the Department of place shall, after providing the seller with
retary shall prepare and submit to Congress Defense, for military construction, and written or electronic notice and an oppor-
a report on the status and progress of imple- for defense activities of the Depart- tunity to provide such information or certifi-
mentation of the grant program under this ment of Energy, to prescribe military cation not later than 10 days after the
section, including on the number and nature personnel strengths for such fiscal issuance of such notice, suspend any future
of institutions participating, the number and sales activity of such seller until such seller
year, and for other purposes; which was provides such information or certification.
nature of students served by institutions re-
ceiving grants, the level of funding provided
ordered to lie on the table; as follows: (2) VERIFICATION.—
to grant recipients, the types of activities At the appropriate place, insert the fol- (A) IN GENERAL.—An online marketplace
being funded by the grants program, and lowing: shall—
plans for future implementation and devel- SEC. ll. COLLECTION, VERIFICATION, AND DIS- (i) verify the information collected under
CLOSURE OF INFORMATION BY ON- paragraph (1)(A) not later than 10 days after
opment; and
LINE MARKETPLACES TO INFORM such collection; and
(2) 5 years after the effective date of this CONSUMERS.
section, as provided in subsection (g), the (ii) verify any change to such information
(a) COLLECTION AND VERIFICATION OF INFOR- not later than 10 days after being notified of
Secretary shall prepare and submit to Con- MATION.—
gress a report on the status of cybersecurity such change by a high-volume third party
(1) COLLECTION.— seller under paragraph (1)(B).
education programming and capacity-build- (A) IN GENERAL.—An online marketplace
ing at institutions receiving grants under (B) PRESUMPTION OF VERIFICATION.—In the
shall require any high-volume third party case of a high-volume third party seller that
this section, including changes in the scale seller on such online marketplace’s platform
and scope of these programs, associated fa- provides a copy of a valid government-issued
to provide, not later than 10 days after quali- tax document, any information contained in
cilities, or in accreditation status, and on fying as a high-volume third party seller on
the educational and employment outcomes such document shall be presumed to be
the platform, the following information to verified as of the date of issuance of such
of students participating in cybersecurity the online marketplace:
programs that have received support under document.
(i) BANK ACCOUNT.— (3) DATA USE LIMITATION.—Data collected
this section. (I) IN GENERAL.—A bank account number,
(f) PERFORMANCE METRICS.—The Secretary solely to comply with the requirements of
or, if such seller does not have a bank ac- this section may not be used for any other
of Homeland Security shall establish per-
count, the name of the payee for payments purpose unless required by law.
formance metrics for grants awarded under
issued by the online marketplace to such (4) DATA SECURITY REQUIREMENT.—An on-
this section.
(g) EFFECTIVE DATE.—This section shall seller. line marketplace shall implement and main-
take effect 1 year after the date of enact- (II) PROVISION OF INFORMATION.—The bank tain reasonable security procedures and
ment of this Act. account or payee information required under practices, including administrative, phys-
subclause (I) may be provided by the seller in ical, and technical safeguards, appropriate to
SA 4274. Mr. OSSOFF submitted an the following ways: the nature of the data and the purposes for
amendment intended to be proposed to (aa) To the online marketplace. which the data will be used, to protect the
(bb) To a payment processor or other third data collected to comply with the require-
amendment SA 3867 submitted by Mr. party contracted by the online marketplace ments of this section from unauthorized use,
REED and intended to be proposed to to maintain such information, provided that disclosure, access, destruction, or modifica-
the bill H.R. 4350, to authorize appro- the online marketplace ensures that it can tion.
priations for fiscal year 2022 for mili- obtain such information on demand from (b) DISCLOSURE REQUIRED.—
tary activities of the Department of such payment processor or other third party. (1) REQUIREMENT.—
Defense, for military construction, and (ii) CONTACT INFORMATION.—Contact infor- (A) IN GENERAL.—An online marketplace
for defense activities of the Depart- mation for such seller as follows: shall—
ment of Energy, to prescribe military (I) With respect to a high-volume third (i) require any high-volume third party
party seller that is an individual, the indi- seller with an aggregate total of $20,000 or
personnel strengths for such fiscal vidual’s name. more in annual gross revenues on such on-
year, and for other purposes; which was (II) With respect to a high-volume third line marketplace, and that uses such online
ordered to lie on the table; as follows: party seller that is not an individual, one of marketplace’s platform, to provide the infor-
At the end of subtitle G of title X, add the the following forms of contact information: mation described in subparagraph (B) to the
following: (aa) A copy of a valid government-issued online marketplace; and
SEC. 1064. OUTREACH TO HISTORICALLY BLACK identification for an individual acting on be- (ii) disclose the information described in
COLLEGES AND UNIVERSITIES AND half of such seller that includes the individ- subparagraph (B) to consumers in a clear and
MINORITY SERVING INSTITUTIONS ual’s name. conspicuous manner—
REGARDING DEFENSE INNOVATION
(bb) A copy of a valid government-issued (I) in the order confirmation message or
UNIT PROGRAMS THAT PROMOTE
ENTREPRENEURSHIP AND INNOVA- record or tax document that includes the other document or communication made to a
TION AT INSTITUTIONS OF HIGHER business name and physical address of such consumer after a purchase is finalized; and
EDUCATION. seller. (II) in the consumer’s account transaction
(a) PILOT PROGRAM.—The Under Secretary (iii) TAX ID.—A business tax identification history.
of Defense for Research and Engineering may number, or, if such seller does not have a (B) INFORMATION DESCRIBED.—The informa-
establish activities, including outreach and business tax identification number, a tax- tion described in this subparagraph is the
technical assistance, to better connect his- payer identification number. following:
torically Black colleges and universities to (iv) WORKING EMAIL AND PHONE NUMBER.—A (i) Subject to paragraph (2), the identity of
the programs of the Defense Innovation Unit current working email address and phone the high-volume third party seller, includ-
and its associated programs. number for such seller. ing—
(b) BRIEFING.—Not later than one year (B) NOTIFICATION OF CHANGE; ANNUAL CER- (I) the full name of the seller, which may
after the date of the enactment of this Act, TIFICATION.—An online marketplace shall— include the seller name or seller’s company
the Secretary of Defense shall brief the con- (i) periodically, but not less than annually, name, or the name by which the seller or
gressional defense committees on the results notify any high-volume third party seller on company operates on the online market-
of any activities conducted under subsection such online marketplace’s platform of the place;
ctelli on DSK11ZRN23PROD with SENATE
(a), including the results of outreach efforts, requirement to keep any information col- (II) the physical address of the seller; and
the success of expanding Defense Innovation lected under subparagraph (A) current; and (III) contact information for the seller, to
Unit programs to historically Black colleges (ii) require any high-volume third party allow for the direct, unhindered communica-
and universities and minority serving insti- seller on such online marketplace’s platform tion with high-volume third party sellers by
tutions, the barriers to expansion, and rec- to, not later than 10 days after receiving the users of the online marketplace, including—
ommendations for how the Department of notice under clause (i), electronically certify (aa) a current working phone number;
Defense and the Federal Government can that— (bb) a current working email address; or
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November 3, 2021 CONGRESSIONAL RECORD — SENATE S7759
(cc) other means of direct electronic mes- mation not later than 10 days after the or a regulation promulgated under this sec-
saging (which may be provided to such seller issuance of such notice, suspend any future tion that is alleged in the complaint. A State
by the online marketplace). sales activity of such seller until the seller attorney general, or official or agency of a
(ii) Whether the high-volume third party complies with such requirements. State, may join a civil action for a violation
seller used a different seller to supply the (c) ENFORCEMENT BY FEDERAL TRADE COM- of this section or regulation promulgated
consumer product to the consumer upon pur- MISSION.— under this section filed by the Commission.
chase, and, upon the request of an authenti- (1) UNFAIR AND DECEPTIVE ACTS OR PRAC- (5) RULE OF CONSTRUCTION.—For purposes
cated purchaser, the information described TICES.—A violation of subsection (a) or (b) by of bringing a civil action under paragraph
in clause (i) relating to any such seller that an online marketplace shall be treated as a (1), nothing in this section shall be construed
supplied the consumer product to the pur- violation of a rule defining an unfair or de- to prevent the chief law enforcement officer,
chaser, if such seller is different than the ceptive act or practice prescribed under sec- or official or agency of a State, from exer-
high-volume third party seller listed on the tion 18(a)(1)(B) of the Federal Trade Commis- cising the powers conferred on such chief law
product listing prior to purchase. sion Act (15 U.S.C. 57a(a)(1)(B)). enforcement officer, official or agency of a
(2) EXCEPTION.— (2) POWERS OF THE COMMISSION.— State, by the laws of the State to conduct in-
(A) IN GENERAL.—Subject to subparagraph (A) IN GENERAL.—The Commission shall en- vestigations, administer oaths or affirma-
(B), upon the request of a high-volume third force subsections (a) and (b) in the same tions, or compel the attendance of witnesses
party seller, an online marketplace may pro- manner, by the same means, and with the or the production of documentary and other
vide for partial disclosure of the identity in- same jurisdiction, powers, and duties as evidence.
formation required under paragraph (1)(B)(i) though all applicable terms and provisions of (6) ACTIONS BY OTHER STATE OFFICIALS.—
in the following situations: the Federal Trade Commission Act (15 U.S.C. (A) IN GENERAL.—In addition to civil ac-
(i) If such seller certifies to the online 41 et seq.) were incorporated into and made tions brought by attorneys general under
marketplace that the seller does not have a a part of this section. paragraph (1), any other officer of a State
business address and only has a residential (B) PRIVILEGES AND IMMUNITIES.—Any per- who is authorized by the State to do so, ex-
street address, or has a combined business son that violates subsection (a) or (b) shall cept for any private person on behalf of the
and residential address, the online market- be subject to the penalties, and entitled to State attorney general, may bring a civil ac-
place may— the privileges and immunities, provided in tion under paragraph (1), subject to the same
(I) disclose only the country and, if appli- the Federal Trade Commission Act (15 U.S.C. requirements and limitations that apply
cable, the State in which such seller resides; 41 et seq.). under this subsection to civil actions
and (3) REGULATIONS.—The Commission may brought by attorneys general.
(II) inform consumers that there is no busi- promulgate regulations under section 553 of (B) SAVINGS PROVISION.—Nothing in this
ness address available for the seller and that title 5, United States Code, with respect to subsection may be construed to prohibit an
consumer inquiries should be submitted to the collection, verification, or disclosure of authorized official of a State from initiating
the seller by phone, email, or other means of information under this section, provided or continuing any proceeding in a court of
electronic messaging provided to such seller that such regulations are limited to what is the State for a violation of any civil or
by the online marketplace. necessary to collect, verify, and disclose criminal law of the State.
(ii) If such seller certifies to the online such information. (e) SEVERABILITY.—If any provision of this
marketplace that the seller is a business (4) AUTHORITY PRESERVED.—Nothing in this section, or the application thereof to any
that has a physical address for product re- section shall be construed to limit the au- person or circumstance, is held invalid, the
turns, the online marketplace may disclose thority of the Commission under any other remainder of this section and the application
the seller’s physical address for product re- provision of law. of such provision to other persons not simi-
turns. (d) ENFORCEMENT BY STATE ATTORNEYS larly situated or to other circumstances
(iii) If such seller certifies to the online GENERAL.— shall not be affected by the invalidation.
marketplace that the seller does not have a (1) IN GENERAL.—If the attorney general of (f) DEFINITIONS.—In this section:
phone number other than a personal phone a State has reason to believe that any online (1) COMMISSION.—The term ‘‘Commission’’
number, the online marketplace shall inform marketplace has violated or is violating this means the Federal Trade Commission.
consumers that there is no phone number section or a regulation promulgated under (2) CONSUMER PRODUCT.—The term ‘‘con-
available for the seller and that consumer in- this section that affects one or more resi- sumer product’’ has the meaning given such
quiries should be submitted to the seller’s dents of that State, the attorney general of term in section 101 of the Magnuson-Moss
email address or other means of electronic the State may bring a civil action in any ap- Warranty—Federal Trade Commission Im-
messaging provided to such seller by the on- propriate district court of the United States, provement Act (15 U.S.C. 2301) and section
line marketplace. to— 700.1 of title 16, Code of Federal Regulations.
(B) LIMITATION ON EXCEPTION.—If an online (A) enjoin further such violation by the de- (3) HIGH-VOLUME THIRD PARTY SELLER.—
marketplace becomes aware that a high-vol- fendant; (A) IN GENERAL.—The term ‘‘high-volume
ume third party seller has made a false rep- (B) enforce compliance with this section or third party seller’’ means a participant on an
resentation to the online marketplace in such regulation; online marketplace’s platform who is a third
order to justify the provision of a partial dis- (C) obtain civil penalties in the amount party seller and who, in any continuous 12-
closure under subparagraph (A) or that a provided for under subsection (c); month period during the previous 24 months,
high-volume third party seller who has re- (D) obtain other remedies permitted under has entered into 200 or more discrete sales or
quested and received a provision for a partial State law; and transactions of new or unused consumer
disclosure under subparagraph (A) has not (E) obtain damages, restitution, or other products and an aggregate total of $5,000 or
provided responsive answers within a reason- compensation on behalf of residents of the more in gross revenues.
able time frame to consumer inquiries sub- State. (B) CLARIFICATION.—For purposes of calcu-
mitted to the seller by phone, email, or other (2) NOTICE.—The attorney general of a lating the number of discrete sales or trans-
means of electronic messaging provided to State shall provide prior written notice of actions or the aggregate gross revenues
such seller by the online marketplace, the any action under paragraph (1) to the Com- under subparagraph (A), an online market-
online marketplace shall, after providing the mission and provide the Commission with a place shall only be required to count sales or
seller with written or electronic notice and copy of the complaint in the action, except transactions made through the online mar-
an opportunity to respond not later than 10 in any case in which such prior notice is not ketplace and for which payment was proc-
days after the issuance of such notice, sus- feasible, in which case the attorney general essed by the online marketplace, either di-
pend any future sales activity of such seller shall serve such notice immediately upon in- rectly or through its payment processor.
unless such seller consents to the disclosure stituting such action. (4) ONLINE MARKETPLACE.—The term ‘‘on-
of the identity information required under (3) INTERVENTION BY THE FTC.—Upon receiv- line marketplace’’ means any person or enti-
paragraph (1)(B)(i). ing notice under paragraph (2), the Commis- ty that operates a consumer-directed elec-
(3) REPORTING MECHANISM.—An online mar- sion shall have the right— tronically based or accessed platform that—
ketplace shall disclose to consumers in a (A) to intervene in the action; (A) includes features that allow for, facili-
clear and conspicuous manner on the product (B) upon so intervening, to be heard on all tate, or enable third party sellers to engage
listing of any high-volume third party seller matters arising therein; and in the sale, purchase, payment, storage, ship-
a reporting mechanism that allows for elec- (C) to file petitions for appeal. ping, or delivery of a consumer product in
tronic and telephonic reporting of suspicious (4) LIMITATION ON STATE ACTION WHILE FED- the United States;
marketplace activity to the online market- ERAL ACTION IS PENDING.—If the Commission (B) is used by one or more third party sell-
place. has instituted a civil action for violation of ers for such purposes; and
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(4) COMPLIANCE.—If a high-volume third this section or a regulation promulgated (C) has a contractual or similar relation-
party seller does not comply with the re- under this section, no State attorney gen- ship with consumers governing their use of
quirements to provide and disclose informa- eral, or official or agency of a State, may the platform to purchase consumer products.
tion under this subsection, the online mar- bring a separate action under paragraph (1) (5) SELLER.—The term ‘‘seller’’ means a
ketplace shall, after providing the seller during the pendency of that action against person who sells, offers to sell, or contracts
with written or electronic notice and an op- any defendant named in the complaint of the to sell a consumer product through an online
portunity to provide or disclose such infor- Commission for any violation of this section marketplace’s platform.
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S7760 CONGRESSIONAL RECORD — SENATE November 3, 2021
(6) THIRD PARTY SELLER.— AUTHORITY FOR COMMITTEES TO interns in my office be granted floor
(A) IN GENERAL.—The term ‘‘third party MEET privileges until November 4, 2021:
seller’’ means any seller, independent of an Alyssa Burleson, Charlotte Holding,
online marketplace, who sells, offers to sell, Mr. KAINE. Mr. President, I have 9
requests for committees to meet during and Tanner Weekly.
or contracts to sell a consumer product in
the United States through such online mar- today’s session of the Senate. They The PRESIDING OFFICER. Without
ketplace’s platform. have the approval of the Majority and objection, it is so ordered.
(B) EXCLUSIONS.—The term ‘‘third party Minority Leaders. f
seller’’ does not include, with respect to an Pursuant to rule XXVI, paragraph
online marketplace—
EXPRESSING SUPPORT FOR THE
5(a), of the Standing Rules of the Sen- DESIGNATION OF THE WEEK OF
(i) a seller who operates the online market-
ate, the following committees are au- NOVEMBER 1 THROUGH NOVEM-
place’s platform; or
(ii) a business entity that has— thorized to meet during today’s session BER 5, 2021, AS NATIONAL FAM-
(I) made available to the general public the of the Senate: ILY SERVICE LEARNING WEEK
entity’s name, business address, and working COMMITTEE ON BANKING, HOUSING, AND URBAN
Mr. SCHUMER. Mr. President, I ask
contact information; AFFAIRS
(II) an ongoing contractual relationship The Committee on Banking, Housing, unanimous consent that the Senate
with the online marketplace to provide the and Urban Affairs is authorized to proceed to the consideration of S. Res.
online marketplace with the manufacture, meet during the session of the Senate 439, submitted earlier today.
distribution, wholesaling, or fulfillment of The PRESIDING OFFICER. The
on Wednesday, November 3, 2021, at 9:30
shipments of consumer products; and clerk will report the resolution by
(III) provided to the online marketplace a.m., to conduct a hearing on nomina-
title.
identifying information, as described in sub- tions.
The legislative clerk read as follows:
section (a), that has been verified in accord- COMMITTEE ON COMMERCE, SCIENCE, AND
A resolution (S. Res. 439) expressing sup-
ance with that subsection. TRANSPORTATION
port for the designation of the week of No-
(7) VERIFY.—The term ‘‘verify’’ means to The Committee on Commerce, vember 1 through November 5, 2021, as ‘‘Na-
confirm information provided to an online Science, and Transportation is author- tional Family Service Learning Week’’.
marketplace pursuant to this section, which ized to meet during the session of the
may include the use of one or more methods There being no objection, the Senate
Senate on Wednesday, November 3, proceeded to consider the resolution.
that enable the online marketplace to reli-
ably determine that any information and 2021, at 10 a.m., to conduct a hearing. Mr. SCHUMER. I ask unanimous con-
documents provided are valid, corresponding COMMITTEE ON ENVIRONMENT AND PUBLIC sent that the resolution be agreed to,
to the seller or an individual acting on the WORKS
the preamble be agreed to, and that the
seller’s behalf, not misappropriated, and not The Committee on Environment and motions to reconsider be considered
falsified. Public Works is authorized to meet made and laid upon the table with no
(g) RELATIONSHIP TO STATE LAWS.—No during the session of the Senate on
State or political subdivision of a State, or intervening action or debate.
Wednesday, November 3, 2021, at 10 The PRESIDING OFFICER. Without
territory of the United States, may establish
or continue in effect any law, regulation, a.m., to conduct a hearing. objection, it is so ordered.
rule, requirement, or standard that conflicts COMMITTEE ON FINANCE The resolution (S. Res. 439) was
with the requirements of this section. The Committee on Finance is author- agreed to.
(h) EFFECTIVE DATE.—This section shall ized to meet during the session of the The preamble was agreed to.
take effect 180 days after the date of the en- (The resolution, with its preamble, is
Senate on Wednesday, November 3,
actment of this Act.
(i) SHORT TITLE.—this section may be cited 2021, at 9:30 a.m., to conduct a hearing printed in today’s RECORD under ‘‘Sub-
as the ‘‘Integrity, Notification, and Fairness on a nomination. mitted Resolutions.’’)
in Online Retail Marketplaces for Consumers COMMITTEE ON FOREIGN RELATIONS f
Act’’ or the ‘‘INFORM Consumers Act’’. The Committee on Foreign Relations
--- PERMITTING THE USE OF THE RO-
SA 4276. Mr. BRAUN (for himself, Mr. is authorized to meet during the ses- TUNDA OF THE CAPITOL FOR A
TILLIS, Mrs. GILLIBRAND, and Mr. VAN sion of the Senate on Wednesday, No- CEREMONY AS PART OF THE
HOLLEN) submitted an amendment in- vember 3, 2021, at 9:45 a.m., to conduct COMMEMORATION OF THE 100TH
tended to be proposed to amendment a business meeting. ANNIVERSARY OF THE DEDICA-
SA 3867 submitted by Mr. REED and in- COMMITTEE ON FOREIGN RELATIONS
TION OF THE TOMB OF THE UN-
tended to be proposed to the bill H.R. The Committee on Foreign Relations KNOWN SOLDIER
4350, to authorize appropriations for is authorized to meet during the ses-
Mr. SCHUMER. Mr. President, I ask
fiscal year 2022 for military activities sion of the Senate on Wednesday, No-
unanimous consent that the Senate
of the Department of Defense, for mili- vember 3, 2021, at 10 a.m., to conduct a
proceed to the immediate consider-
tary construction, and for defense ac- classified briefing.
ation of S. Con. Res. 19.
tivities of the Department of Energy, COMMITTEE ON HOMELAND SECURITY AND
The PRESIDING OFFICER. The
to prescribe military personnel GOVERNMENTAL AFFAIRS
clerk will report the concurrent resolu-
strengths for such fiscal year, and for The Committee on Homeland Secu-
tion by title.
other purposes; which was ordered to rity and Governmental Affairs is au- The legislative clerk read as follows:
lie on the table; as follows: thorized to meet during the session of
A concurrent resolution (S. Con. Res. 19)
At the end of subtitle G of title V, add the the Senate on Wednesday, November 3, permitting the use of the rotunda of the Cap-
following: 2021, at 10:30 a.m., to conduct a busi- itol for a ceremony as part of the commemo-
SEC. 596. POSTHUMOUS HONORARY PROMOTION ness meeting. ration of the 100th anniversary of the dedica-
TO GENERAL OF LIEUTENANT GEN-
ERAL FRANK MAXWELL ANDREWS, COMMITTEE ON THE JUDICIARY tion of the Tomb of the Unknown Soldier.
UNITED STATES ARMY. The Committee on the Judiciary is There being no objection, the Senate
(a) POSTHUMOUS HONORARY PROMOTION.— authorized to meet during the session proceeded to consider the concurrent
Notwithstanding any time limitation with of the Senate on Wednesday, November resolution.
respect to posthumous promotions for per- 3, 2021, at 10 a.m., to conduct a hearing Mr. SCHUMER. I ask unanimous con-
sons who served in the Armed Forces, the
on nominations. sent that the concurrent resolution be
President is authorized to issue a post-
humous honorary commission promoting COMMITTEE ON VETERANS’ AFFAIRS agreed to and the motion to reconsider
Lieutenant General Frank Maxwell Andrews, The Committee on Veterans’ Affairs be considered made and laid upon the
United States Army, to the grade of general. is authorized to meet during the ses- table with no intervening action or de-
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.— sion of the Senate on Wednesday, No- bate.
The honorary promotion of Frank Maxwell vember 3, 2021, at 3 p.m., to conduct a The PRESIDING OFFICER. Without
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Andrews under subsection (a) shall not affect objection, it is so ordered.
the retired pay or other benefits from the
hearing.
f The concurrent resolution (S. Con.
United States to which Frank Maxwell An-
drews would have been entitled based upon Res. 19) was agreed to.
PRIVILEGES OF THE FLOOR (The concurrent resolution is printed
his military service or affect any benefits to
which any other person may become entitled Ms. LUMMIS. Mr. President, I ask in today’s RECORD under ‘‘Submitted
based on his military service. unanimous consent that the following Resolutions.’’)
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