Amendments En Bloc to H.R. 7900, Defense Authorization — Congressional Record, House
Summary
This is the Congressional Record, Vol. 168, No. 115, Part II, for Wednesday, July 13, 2022, House of Representatives, containing debate on Amendments En Bloc No. 2 offered by Mr. Smith of Washington to H.R. 7900, the National Defense Authorization Act for Fiscal Year 2023. Mr. Smith of Washington urges adoption of the en bloc amendments, and Mr. Rogers of Alabama also urges adoption. Members describe their amendments, including a requirement for a joint briefing from the Army and Air Force on the lack of a childcare center serving families at Eglin Air Force Base and a requirement for the GAO to examine access to additional cancer screenings for those with dense breasts.
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“Amendments En Bloc to H.R. 7900, Defense Authorization — Congressional Record, House.”
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Congressional Record
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117 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 168 WASHINGTON, WEDNESDAY, JULY 13, 2022 No. 115—Part II
House of Representatives
b 2320 child development centers and quality- breasts can make mammograms harder to ac-
of-life issues for our servicemembers. curately read. As a result, women with dense
PROVIDING FOR FURTHER CONSID-
I offered this bipartisan amendment breasts may be called back for additional fol-
ERATION OF H.R. 7900, NATIONAL
with my colleagues, Representatives low-up tests more frequently than others and
DEFENSE AUTHORIZATION ACT
CASTOR, HUDSON, and GAETZ, to help dense breasts can also put women at higher
FOR FISCAL YEAR 2023—Continued
find a solution that meets the standard risk of being diagnosed with cancer within 12
AMENDMENTS EN BLOC NO. 2 OFFERED BY MR. of care that we must deliver for our months of a normal mammogram result.
SMITH OF WASHINGTON—CONTINUED military families. According to the National Cancer Institute
Mr. ROGERS of Alabama. Madam Madam Speaker, I thank the chair- (NCI), nearly 50 percent of women over 40
Speaker, I reserve the balance of my man for including this amendment in who get mammograms have dense breasts
time. the en bloc. and live with an increased chance of devel-
Mr. SMITH of Washington. Madam Mr. ROGERS of Alabama. Madam oping breast cancer, a risk that is separate
Speaker, I yield 11⁄2 minutes to the gen- Speaker, I reserve the balance of my from the effect of dense breasts on the ability
tlewoman from Florida (Ms. time. to read a mammogram.
WASSERMAN SCHULTZ). Mr. SMITH of Washington. Madam For individuals with dense breasts for whom
Ms. WASSERMAN SCHULTZ. Speaker, I urge adoption of the en bloc additional testing may be needed to confirm
Madam Speaker, I thank Chairman amendments, and I yield back the bal- breast cancer, even with insurance they may
SMITH for yielding and for his steadfast ance of my time. face additional costs for these potentially life-
leadership in equipping our Nation to Mr. ROGERS of Alabama. Madam saving diagnostic screenings.
face unprecedented challenges at home Speaker, I also urge adoption, and I My amendment directs the GAO to examine
and abroad. I also thank Ranking yield back the balance of my time. current health policies at the Departments of
Member ROGERS for his role in bringing Ms. MOORE of Wisconsin. Madam Speak- Defense and Veterans Affairs to ensure that
a bipartisan NDAA to the floor. er, I rise today in support of my amendments those with dense breasts can access addi-
I rise in support of my amendment to the FY 2023 National Defense Authorization tional cancer screenings without facing bur-
requiring a joint briefing from the Act that will help save lives and promote the densome financial barriers. Cumulatively, the
Army and Air Force on the lack of a health and well-being of those who are serving Departments of Defense and Veterans Affairs
childcare center to serve Camp Bull Si- or have served our country. provide healthcare to over 18 million American
mons at Eglin Air Force Base. The CDC estimates that nearly 264,000 service members and veterans. My amend-
After hearing the stories of families women are diagnosed with breast cancer each ment would require GAO to examine whether
stationed there, it is clear we need to year and as many as 1 in 8 women will live existing VA and DOD programs provide bene-
add transparency to a process that has with this disease at some point in their life. ficiaries with low-cost screenings and diag-
left our servicemembers and their fam- The American Cancer Society predicts that nostic tools needed to confirm breast cancer,
ilies behind. 43,250 women will lose their lives to breast especially when standard mammograms are
These brave men and women make cancer in 2022. inconclusive or ineffective. Additionally, GAO
immense sacrifices to protect and serve My colleagues must also understand that will be required to examine and provide rec-
our Nation. The least we can do is the plight of breast cancer is not an equitable ommendations on how each agency can im-
make sure that they do not have to one. Black women are more likely to die of prove their policies to address the unique
stress about affordable and accessible breast cancer. In my home state of Wisconsin, challenges of identifying breast cancer in
childcare while deployed or on assign- black women with breast cancer have a mor- those with dense breasts.
ment. tality rate of 56 percent, far outpacing the We must do all we can to ensure that our
Currently, the closest government- death rate for white women according to the veterans and active-duty personnel receive the
run CDC, a benefit our servicemembers Wisconsin Department of Health Services. highest quality care available. We can accom-
are entitled to, would add an average of While treatment for this disease has evolved plish this by evaluating current policies and
4 hours per day to a parent’s commute. drastically, access to a conclusive, accurate, developing new ones that prioritize the health
The options that the services are pro- early, and expedient diagnosis remains chal- of those who serve or have served our coun-
posing to remedy the situation for lenging. try. While there is no cure for this disease, we
those families are wholly inadequate. Mammograms are a basic screening tool to can certainly do more to improve access to
As chair of the Military Construc- help try and detect breast cancer as soon as screening and treatment.
tion, Veterans Affairs, and Related possible. However, for women with dense Additionally, I have offered an amendment
Agencies Appropriations Sub- breasts, mammograms alone may not be suffi- that would require the Secretary of Defense to
committee, I understand the value of cient to help identify breast cancer as dense ensure that TRICARE includes programs and
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H6340 CONGRESSIONAL RECORD — HOUSE July 13, 2022
policies to promote universal education on and four out of five service members and vet- cluding the reserve components), regarding
healthy relationships and intimate partner vio- erans report they have been targeted by all duty under this title, title 32, and title 14.
lence. scams directly related to their military service ‘‘(2) The record established under this sec-
tion shall be known as the ‘Certificate of
According to the Centers for Disease Con- or benefits. In total, service members and vet- Military Service’.
trol and Prevention (CDC), around 1 in 4 erans reported financial losses of $267 million ‘‘(b) NATURE AND SCOPE.—A Certificate of
women have experienced sexual violence, resulting from scams or fraud in 2021. Earlier Military Service shall—
physical violence, or stalking by an intimate today, I chaired a hearing in the National Se- ‘‘(1) provide a standardized summary of the
partner during their lifetime. Sadly, it can occur curity Subcommittee that examined this very service, in any Federal duty status or on
in every community, including our military issue. This task force is a necessary first step State active duty, in the armed forces of a
community, to both men and women regard- to understand what makes our military, vet- member of the armed forces;
less of age, economic status, race, religion, ‘‘(2) be the same document for all members
erans and their families so vulnerable, what
of the armed forces; and
ethnicity, sexual orientation, or other charac- can be done to better protect them, and how ‘‘(3) serve as the discharge certificate or
teristics. we can help make whole those who have certificate of release from active duty for
The amendment would require TRICARE to been victimized. purposes of section 1168 of this title.
provide guidance to healthcare providers, I would like to once again extend my thanks ‘‘(c) COORDINATION.—In carrying out this
health workers, and managed care entities to to Armed Services Committee Chairman ADAM section, the Secretary of Defense shall co-
help educate and to establish routine assess- SMITH, Ranking Member MIKE ROGERS, and ordinate with other Federal officers, includ-
ment and screenings for signs of intimate part- their staffs for including my amendments in ing the Secretary of Veterans Affairs, to en-
ner violence. sure that a Certificate of Military Service
this en bloc amendment and would urge all serves as acceptable proof of military service
I thank the Chairman for his support of my my colleagues to support it. for receipt of benefits under the laws admin-
amendments. The SPEAKER pro tempore. Pursu- istered by such Federal officers.’’.
Mr. LYNCH. Madam Speaker, I rise in sup- ant to House Resolution Number 1124, (b) ISSUANCE TO MEMBERS OF RESERVE COM-
port of en bloc amendment number two to the previous question is ordered on the PONENTS.—Chapter 59 of such title, as amend-
H.R. 7900, the National Defense Authorization amendments en bloc, as modified, of- ed by subsection (a), is further amended by
Act for Fiscal Year 2023, which includes three fered by the gentleman from Wash- inserting after section 1168a the following
Lynch amendments that ill strengthen our ca- ington (Mr. SMITH). new section:
pacity to find our missing service members, in- The question is on the amendments ‘‘§ 1168b. Record of military service: issuance
crease contracting transparency, and protect en bloc, as modified. to members of reserve components
veterans from financial fraud. The question was taken; and the ‘‘An up-to-date record of military service
Amendment No. 235 is a bipartisan amend- Speaker pro tempore announced that under section 1168a of this title shall be
ment that will support the mission of the De- issued to a member of a reserve component
the ayes appeared to have it. as follows:
fense POW/MIA Accounting Agency (DPAA). I Mr. GOHMERT. Madam Speaker, on ‘‘(1) Upon permanent change to duty status
would like to thank my Republican colleague that I demand the yeas and nays. (including retirement, resignation, expira-
Representative DON BACON of Nebraska for The SPEAKER pro tempore. Pursu- tion of a term of service, promotion or com-
joining me in cosponsoring this important ant to section 3(s) of House Resolution missioning as an officer, or permanent trans-
amendment that simply clarifies DOD authority 8, the yeas and nays are ordered. fer to active duty).
with regard to the resources it may use to ful- Pursuant to clause 8 of rule XX, fur- ‘‘(2) Upon discharge or release from tem-
fill its mission. Currently, the DPAA may ac- ther proceedings on this question are porary active duty orders (minimum of 90
cept gifts such as personal property, services, postponed. days on orders or 30 days for a contingency
operation).
and funds to expand its capabilities and bring AMENDMENTS EN BLOC NO. 3 OFFERED BY MR.
‘‘(3) Upon promotion to each grade begin-
more of our missing service members home, SMITH OF WASHINGTON
ning with—
but not solicit them. Under this amendment Mr. SMITH of Washington. Madam ‘‘(A) O–3 for commissioned officers;
DPAA may seek out these additional re- Speaker, pursuant to House Resolution ‘‘(B) W–3 for warrant officers; and
sources as well. We make a promise to every 1224, I offer amendments en bloc. ‘‘(C) E–4 for enlisted members.
brave American that we send into combat not The SPEAKER pro tempore. The ‘‘(4) In the case of a member of the Na-
to forget them, and we must do everything to Clerk will designate the amendments tional Guard, upon any transfer to the Na-
ensure that the agency tasked with finding en bloc. tional Guard of another State or territory
Amendments en bloc No. 3 consisting (commonly referred to as an ‘Interstate
them has access to all the means possible to
Transfer’).’’.
be able to do so. of amendment Nos. 279, 280, 281, 282, 283, (c) CONFORMING AMENDMENTS RELATED TO
Amendment No. 236 reauthorizes the Com- 284, 285, 286, 287, 288, 289, 290, 291, 292, CURRENT DISCHARGE CERTIFICATE AUTHORI-
mission on Wartime Contracting to conduct 293, 294, 295, 296, 297, 298, 299, 300, 301, TIES.—
oversight of U.S. contracting and reconstruc- 302, 303, 304, 305, 306, 307, 308, 309, 310, (1) IN GENERAL.—Subsection (a) of section
tion efforts in Afghanistan and other areas of 311, 312, 313, 314, 315, 316, 317, 318, 319, 1168 of title 10, United States Code, is amend-
contingency operations. This Commission has 320, 321, 322, 323, 324, 325, 326, 327, 328, ed—
a proven track record of helping reduce waste 329, 330, 331, 332, 333, 334, 335, 336, 337, (A) by striking ‘‘his discharge certificate
or certificate of release from active duty, re-
and fraud in overseas operations contracting. 338, 339, 340, 341, 342, 343, 344, 345, 346,
spectively, and his final pay’’ and inserting
A similar past commission, during its prior 347, 348, 349, 350, 351, 352, 353, 354, 355, ‘‘the member’s record of military service
iteration from 2008 to 2011, found between 356, 357, 358, 359, 360, 361, 362, 363, 364, under section 1168a of this title, and the
$31 billion and $60 billion in U.S. taxpayer 365, 366, 367, 368, 369, 370, 371, 372, 373, member’s final pay’’; and
funds that were lost due to contract waste, 374, 375, 376, 377, 378, 379, 380, 381, and (B) by striking ‘‘him or his’’ and inserting
fraud, and abuse in Iraq and Afghanistan. At 382, printed in part A of House Report ‘‘the member or the member’s’’.
a time in which all Americans are worried 117–405, offered by Mr. SMITH of Wash- (2) HEADING AMENDMENT.—The heading of
about the state of our economy, their family fi- ington: such section 1168 is amended to read as fol-
lows:
nances, and what the future may hold, it is AMENDMENT NO. 279 OFFERED BY MR. PAPPAS OF
‘‘§ 1168. Discharge or release from active
vital that we examine how our rebuilding and NEW HAMPSHIRE
duty: limitations; issuance of record of mili-
contract funds were used, and how we can At the end of subtitle C of title V, insert tary service’’.
spend more effectively and transparently in the following:
(d) CLERICAL AMENDMENT.—The table of
the future. SEC. 5ll. RECORD OF MILITARY SERVICE FOR
sections at the beginning of chapter 59 of
Finally, Madam Speaker, amendment No. MEMBERS OF THE ARMED FORCES.
(a) STANDARD RECORD OF SERVICE RE- such title is amended by striking the item
237 would require the Secretary of Defense, in relating to section 1168 and inserting the fol-
QUIRED.—Chapter 59 of title 10, United States
consultation with the Secretary of Veterans Af- Code, is amended by inserting after section lowing new items:
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fairs, to establish an Interagency Task Force ‘‘1168. Discharge or release from active duty:
1168 the following new sections:
on Financial Fraud to identify, prevent, and limitations; issuance of record
‘‘§ 1168a. Discharge or release: record of mili- of military service.
combat financial fraud targeting service mem- tary service ‘‘1168a. Discharge or release: record of mili-
bers, veterans, and military families. Service ‘‘(a) RECORD OF SERVICE REQUIRED.—(1) The tary service.
members, veterans, and their families are Secretary of Defense shall establish and im- ‘‘1168b. Record of military service: issuance
nearly 40 percent more likely to lose money to plement a standard record of military serv- to members of reserve compo-
scams and fraud than the civilian population, ice for all members of the armed forces (in- nents.’’.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6341
AMENDMENT NO. 280 OFFERED BY MR. PAPPAS OF the Comptroller General shall provide to the shall submit to the Secretary of Veterans Af-
NEW HAMPSHIRE Committees on Armed Services of the Senate fairs, the Secretary of Defense, the Secretary
At the end of subtitle G of title V, insert and House of Representatives a briefing on of the Navy, the Secretary of the Air Force,
the following: the preliminary findings of such review. and the Committees on Veterans’ Affairs of
(c) REPORT.—The Comptroller General the House of Representatives and the Senate
SEC. 5ll. GUIDELINES FOR ACTIVE DUTY MILI-
TARY ON POTENTIAL RISKS AND
shall submit to the committees identified in the study.
PREVENTION OF TOXIC EXPOSURES. paragraph (b) a report containing the final (2) REPORT.—Not later than December 31,
Not later than 90 days after the date of the results of such review on a date agreed to at 2025, the Secretary of Veterans Affairs shall
enactment of this Act, the Secretary of De- the time of the briefing. The GAO review submit to the Committees on Veterans’ Af-
fense and the Secretary of Veterans Affairs, shall include an examination of the fol- fairs of the House of Representatives and the
lowing: Senate a report on the study under sub-
in consultation with the Secretary of Health
(1) The extent to which members assigned section (a), including—
and Human Services and the Administrator
to special operations forces participate in (A) the specific actions the Secretary is
of the Environmental Protection Agency,
DOD transition programs. taking to ensure that the study informs the
shall jointly coordinate and establish guide-
(2) What unique challenges such members evaluation of disability claims made to the
lines to be used during training of members
face in make the transition to civilian life Secretary, including with respect to pro-
of the Armed Forces serving on active duty
and the extent to which existing DOD transi- viding guidance to claims examiners and re-
to provide the members awareness of the po-
tion programs address those challenges. vising the schedule of ratings for disabilities
tential risks of toxic exposures and ways to
(3) The extent to which the Secretary di- under chapter 11 of title 38, United States
prevent being exposed during combat.
rects such members to transition resources Code; and
AMENDMENT NO. 281 OFFERED BY MR. PAPPAS OF provided by non-governmental entities.
NEW HAMPSHIRE (B) any recommendations of the Secretary.
(d) DEFINITIONS.—In this section: (3) FORM.—The report under paragraph (2)
At the end of subtitle C of title VII, add (1) The term ‘‘DOD transition programs’’ shall be submitted in unclassified form.
the following: means programs (including TAP and (d) COVERED INDIVIDUAL DEFINED.—In this
SEC. 746. STUDY AND REPORT ON RATE OF CAN- Skillbridge) under laws administered by the section, the term ‘‘covered individual’’
CER-RELATED MORBIDITY AND MOR- Secretary of Defense that help members of means an individual who served in the reg-
TALITY. the Armed Forces make the transition to ci- ular or reserve components of the Navy, Air
(a) IN GENERAL.—The Secretary of Defense vilian life. Force, or Marine Corps, as an air crew mem-
shall conduct, or enter into a contract with (2) The term ‘‘Skillbridge’’ means an em- ber of a fixed-wing aircraft or personnel sup-
an appropriate federally funded research and ployment skills training program under sec- porting generation of the aircraft, including
development center to conduct, a study to tion 1143(e) of title 10, United States Code pilots, navigators, weapons systems opera-
assess whether individuals (including indi- (3) The term ‘‘special operations forces’’ tors, aircraft system operators, personnel as-
viduals on active duty or in a reserve compo- means the forces described in section 167(j) sociated with aircraft maintenance, supply,
nent or the National Guard) assigned to the of title 10, United States Code. logistics, fuels, or transportation, and any
Pease Air Force Base and Pease Air National (4) The term ‘‘TAP’’ means the Transition other crew member who regularly flew in an
Guard Base for a significant period of time Assistance Program under sections 1142 and aircraft or was required to complete the mis-
during the period of 1970 through 2020 experi- 1144 of title 10, United States Code. sion of the aircraft.
ence a higher-than-expected rate of cancer- AMENDMENT NO. 284 OFFERED BY MR. PFLUGER AMENDMENT NO. 285 OFFERED BY MR. PFLUGER
related morbidity and mortality as a result OF TEXAS OF TEXAS
of time on base or exposures associated with At the end of title LI, insert the following
time on base compared to the rate of cancer- At the appropriate place in subtitle E of
new section: title XII, insert the following:
related morbidity and mortality of the gen- SEC. 51ll. STUDY ON INCIDENCE AND MOR-
eral population of the United States, ac- SEC. ll. BALTIC REASSURANCE ACT.
TALITY OF CANCER AMONG FORMER
counting for differences in sex, age, and race. AIRCREW OF THE NAVY, AIR FORCE,
(a) FINDINGS.—Congress finds the fol-
(b) COMPLETION; REPORT.—Not later than 1 AND MARINE CORPS. lowing:
year after the date of enactment of this Act, (a) STUDY.—Not later than 60 days after (1) The Russian Federation seeks to dimin-
the Secretary of Defense shall provide for— the date of the enactment of this Act, the ish the North Atlantic Treaty Organization
(1) the completion of the study under sub- Secretary of Veterans Affairs shall seek to (NATO) and recreate its sphere of influence
section (a); and enter into an agreement with the National in Europe using coercion, intimidation, and
(2) the submission of a report on the re- Academies of Sciences, Engineering, and outright aggression.
sults of the study to the Committees on Medicine under which the National Acad- (2) Deterring the Russian Federation from
Armed Services of the Senate and House of emies shall conduct a study of the incidence such aggression is vital for transatlantic se-
Representatives. and mortality of cancers among covered in- curity.
(c) DEFINITION.—In this section, the term dividuals. (3) The illegal occupation of Crimea by the
‘‘significant period of time’’ shall be defined (b) MATTERS INCLUDED.—The study under Russian Federation and its continued en-
by the Secretary of Defense or by the entity subsection (a) shall include the following: gagement of destabilizing and subversive ac-
conducting the study under subsection (a), as (1) Identification of chemicals, compounds, tivities against independent and free states
the Secretary determines appropriate. agents, and other phenomena that cause ele- is of increasing concern.
vated cancer incidence and mortality risks (4) The Russian Federation also continues
AMENDMENT NO. 282 OFFERED BY MR. PETERS OF
among covered individuals, including a to disregard treaties, international laws and
CALIFORNIA
nexus study design to determine whether rights to freedom of navigation, territorial
At the appropriate place subtitle H of title there is a scientifically established causal integrity, and sovereign international bor-
XXVIII, insert the following new section: link between such a chemical, compound, ders.
SEC. 28ll INCLUSION OF CLIMATE RESILIENCE agent, or other phenomena and such cancer (5) The Russian Federation’s continued oc-
SERVICES IN THE COMBATANT COM- cupation of Georgian and Ukrainian terri-
MANDER INITIATIVE FUND.
incidence or mortality risk.
(2) An assessment of not fewer than 10 tories and the sustained military buildup in
Section 166a(b) of title 10, United States the Russian Federation’s Western Military
types of cancer that are of the greatest con-
Code, is amended by adding at the end the District and Kaliningrad has threatened con-
cern with respect to exposure by covered in-
following new paragraphs: tinental peace and stability.
dividuals to the chemicals, compounds,
‘‘(11) Climate resilience of military instal- (6) The Baltic countries of Estonia, Latvia,
agents, and other phenomena identified
lations and essential civilian infrastructure. and Lithuania are particularly vulnerable to
under paragraph (1), which may include
‘‘(12) Military support to civilian and mili- an increasingly aggressive and subversive
colon and rectum cancers, pancreatic cancer,
tary authorities to combat illegal wildlife Russian Federation.
melanoma skin cancer, prostate cancer, tes-
trafficking, illegal timber trafficking, and il- (7) In a declaration to celebrate 100 years
tis cancer, urinary bladder cancer, kidney
legal, unreported, or unregulated fishing.’’. of independence of Estonia, Latvia, and Lith-
cancer, brain cancer, thyroid cancer, lung
AMENDMENT NO. 283 OFFERED BY MR. PETERS OF cancer, and non-Hodgkin lymphoma. uania issued on April 3, 2018, the Trump Ad-
CALIFORNIA (3) A review of all available sources of rel- ministration reaffirmed United States com-
At the end of subtitle G of title V, insert evant data, including health care databases mitments to these Baltic countries to ‘‘im-
the following: of the Department of Veterans Affairs and prove military readiness and capabilities
SEC. 5ll. GAO REPORT ON USE OF TRANSITION the Department of Defense and the national through sustained security assistance’’ and
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PROGRAMS BY MEMBERS OF SPE- death index, and the study conducted under ‘‘explore new ideas and opportunities, includ-
CIAL OPERATIONS FORCES. section 750 of the William M. (Mac) Thorn- ing air defense, bilaterally and in NATO, to
(a) STUDY.—The Comptroller General of berry National Defense Authorization Act enhance deterrence across the region’’.
the United States shall review the use of for Fiscal Year 2021 (Public Law 116–283; 134 (8) These highly valued NATO allies of the
DOD transition programs by members as- Stat. 3716). United States have repeatedly demonstrated
signed to special operations forces. (c) SUBMISSION.— their commitment to advancing mutual in-
(b) BRIEFING.—Not later than one year (1) STUDY.—Upon completion of the study terests as well as those of the NATO alli-
after the date of the enactment of this Act, under subsection (a), the National Academies ance.
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H6342 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(9) The Baltic countries also continue to (x) Bilateral and multilateral training and United States Code, and congressional intent
participate in United States-led exercises to exercises. of such authority.
further promote coordination, cooperation, (xi) New and existing cost-sharing mecha- (2) An identification of the number of
and interoperability among allies and part- nisms with United States and NATO allies to times such authority has been used.
ner countries, and continue to demonstrate reduce financial burden. (3) An identification of the challenges asso-
their reliability and commitment to provide (2) REPORT.—Not later than 1 year after ciated with the use of such authority.
for their own defense. the date of the enactment of this Act, the (4) A description of reasons for lack of the
(10) Lithuania, Latvia, and Estonia each Secretary of Defense shall submit to the con- use of such authority, if any.
hosts a respected NATO Center of Excellence gressional defense committees a report that (5) An identification of potential legisla-
that provides expertise to educate and pro- includes each of the following: tive actions for Congress to address with re-
mote NATO allies and partners in areas of (A) A report on the findings of the assess- spect to such authority.
vital interest to the alliance. ment conducted pursuant to subsection (a). (6) An identification of potential executive
(11) United States support and commit- (B) A list of any recommendations result- actions for the Department of Defense to ad-
ment to allies across Europe has been a ing from such assessment. dress with respect to such authority.
lynchpin for peace and security on the con- (C) An assessment of the resource require- (c) REPORT.—
tinent for over 70 years. ments to achieve the objectives described in (1) IN GENERAL.—The Comptroller General
(b) SENSE OF CONGRESS.—It is the sense of subsection (a)(1) with respect to the national shall submit to the appropriate congres-
Congress as follows: defense capability of Baltic countries, in- sional committees a report that contains the
(1) The United States is committed to the cluding potential investments by host coun- results of the study required by subsection
security of the Baltic countries and should tries. (a).
strengthen cooperation and support capac- (D) A plan for the United States to use ap- (2) APPROPRIATE CONGRESSIONAL COMMIT-
ity-building initiatives aimed at improving propriate security cooperation authorities or TEES DEFINED.—In this subsection, the term
the defense and security of such countries. other authorities to— ‘‘appropriate congressional committees’’
(2) The United States should lead a multi- (i) facilitate relevant recommendations in- means—
lateral effort to develop a strategy to deepen cluded in the list described in paragraph (2); (A) congressional defense committees; and
joint capabilities with Lithuania, Latvia, Es- (ii) expand joint training between the (B) the Committee on Foreign Affairs of
tonia, NATO allies, and other regional part- Armed Forces and the military of Lithuania, the House of Representatives and the Com-
ners, to deter against aggression from the
Latvia, or Estonia, including with the par- mittee on Foreign Relations of the Senate.
Russian Federation in the Baltic region, spe-
ticipation of other NATO allies; and AMENDMENT NO. 288 OFFERED BY MR. PHILLIPS
cifically in areas that would strengthen
(iii) support United States foreign military OF MINNESOTA
interoperability, joint capabilities, and mili-
sales and other equipment transfers to Baltic
tary readiness necessary for Baltic countries At the end of title LVIII, add the fol-
countries especially for the activities de-
to strengthen their national resilience. lowing:
scribed in subparagraphs (A) through (I) of
(3) The United States should explore the SEC. 58l. GAO STUDY ON FOREIGN SERVICE IN-
subsection (a)(2).
feasibility of providing long range, mobile (d) CONGRESSIONAL DEFENSE COMMITTEES STITUTE’S SCHOOL OF LANGUAGE
air defense systems in the Baltic region, in- DEFINED.—For purposes of this section, the STUDIES.
cluding through leveraging cost-sharing term ‘‘congressional defense committees’’ in- (a) IN GENERAL.—The Comptroller General
mechanisms and multilateral deployment cludes— of the United States shall conduct a study on
with NATO allies to reduce financial burdens (1) the Committee on Foreign Affairs of the whether the Foreign Service Institute’s
on host countries. House of Representatives; and School of Language Studies curriculum and
(c) DEFENSE ASSESSMENT.— instruction effectively prepares United
(2) the Committee on Foreign Relations of
(1) IN GENERAL.—Not later than 1 year after States Government employees to advance
the Senate.
the date of the enactment of this Act, the United States diplomatic and national secu-
Secretary of Defense shall, in consultation AMENDMENT NO. 286 OFFERED BY MR. PFLUGER
OF TEXAS rity priorities abroad.
with appropriate counterparts of Lithuania, (b) MATTERS TO BE INCLUDED.—The report
Latvia, Estonia, North Atlantic Treaty Or- Page 819, line 13, strike ‘‘(25)’’ and insert
required by subsection (a) shall include—
ganization (NATO) allies, and other regional ‘‘(26)’’.
Page 819, after line 19, insert the following: (1) an analysis of the teaching methods
partners, conduct a comprehensive, multilat- used at the Foreign Service Institute’s
eral assessment of the military requirements ‘‘(25) A detailed description of—
‘‘(A) how Russian private military compa- School of Language Studies;
of such countries to deter and resist aggres- (2) a comparative analysis on the benefits
sion by the Russian Federation that— nies are being utilized to advance the polit-
ical, economic, and military interests of the of language proficiency compared to prac-
(A) provides an assessment of past and cur- tical job oriented language learning;
rent initiatives to improve the efficiency, ef- Russian Federation;
‘‘(B) the direct or indirect threats Russian (3) an analysis of whether the testing regi-
fectiveness, readiness, and interoperability ment at the School of Language Studies is
of Lithuania, Latvia, and Estonia’s national private military companies present to
United States security interests; an effective measure of ability to commu-
defense capabilities; and nicate and carry out an employee’s duties
(B) assesses the manner in which to meet ‘‘(C) how sanctions that are currently in
place to impede or deter Russian private abroad; and
those objectives, including future resource (4) an analysis of qualifications for train-
requirements and recommendations, by un- military companies from continuing their
malign activities have impacted the Russian ing specialists and language and culture in-
dertaking activities in the following areas: structors at the School of Language Studies.
(i) Activities to increase the rotational and private military companies’ behavior; and
forward presence, improve the capabilities, ‘‘(D) all foreign persons engaged signifi- AMENDMENT NO. 289 OFFERED BY MR. PHILLIPS
and enhance the posture and response readi- cantly with Russian private military compa- OF MINNESOTA
ness of the United States or forces of NATO nies.’’. At the end of subtitle B of title VII, insert
in the Baltic region. AMENDMENT NO. 287 OFFERED BY MR. PHILLIPS the following new section:
(ii) Activities to improve air defense sys- OF MINNESOTA SEC. 7ll. ACCESS TO CERTAIN DEPENDENT
tems, including modern air-surveillance ca- At the end of subtitle C of title XIII, add MEDICAL RECORDS BY REMARRIED
pabilities. the following: FORMER SPOUSES.
(iii) Activities to improve counter-un- SEC. 13l. GAO STUDY ON DEPARTMENT OF DE- (a) ACCESS.—The Secretary of Defense may
manned aerial system capabilities. FENSE SUPPORT FOR OTHER DE- authorize a remarried former spouse who is a
(iv) Activities to improve command and PARTMENTS AND AGENCIES OF THE custodial parent of a dependent child to re-
control capabilities through increasing com- UNITED STATES GOVERNMENT THAT tain electronic access to the privileged med-
ADVANCE DEPARTMENT OF DE-
munications, technology, and intelligence FENSE SECURITY COOPERATION OB-
ical records of such dependent child, not-
capacity and coordination, including secure JECTIVES. withstanding that the former spouse is no
and hardened communications. (a) IN GENERAL.—The Comptroller General longer a dependent under section 1072(2) of
(v) Activities to improve intelligence, sur- of the United States shall conduct a study on title 10, United States Code.
veillance, and reconnaissance capabilities. the use and implementation of the authority (b) DEFINITIONS.—In this section:
(vi) Activities to enhance maritime do- of section 385 of title 10, United States Code, (1) The term ‘‘dependent’’ has the meaning
main awareness. relating to Department of Defense support given that term in section 1072 of title 10,
(vii) Activities to improve military and de- for other departments and agencies of the United States Code.
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fense infrastructure, logistics, and access, United States Government that advance De- (2) The term ‘‘dependent child’’ means a
particularly transport of military supplies partment of Defense security cooperation ob- dependent child of a remarried former spouse
and equipment. jectives. and a member or former member of a uni-
(viii) Investments to ammunition stocks (b) MATTERS TO BE INCLUDED.—The study formed service.
and storage. required by subsection (a) shall include the (3) The term ‘‘remarried former spouse’’
(ix) Activities and training to enhance following: means a remarried former spouse of a mem-
cyber security and electronic warfare capa- (1) A review of the use and implementation ber or former member of a uniformed serv-
bilities. of the authority of section 385 of title 10, ice.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6343
AMENDMENT NO. 290 OFFERED BY MS. PLASKETT ‘‘(2) ESTABLISHMENT OF PROCEDURES.—The SEC. ll. MODIFICATION OF PROHIBITION ON
OF THE VIRGIN ISLANDS Secretary may establish procedures through OWNERSHIP OR TRADING OF
STOCKS IN CERTAIN COMPANIES BY
At the end of subtitle F of title X, insert which screening under paragraph (1) may
CERTAIN OFFICIALS OF THE DE-
the following: allow an eligible individual to be included in PARTMENT OF DEFENSE.
SEC. 10ll. REPORT ON DEPARTMENT OF DE- the registry under subsection (b). Section 988(a) of title 10, United States
FENSE MILITARY CAPABILITIES IN ‘‘(b) REGISTRY.— Code, is amended by striking ‘‘if that com-
THE CARIBBEAN. ‘‘(1) IN GENERAL.—The Secretary of Defense pany is one of the 10 entities awarded the
(a) IN GENERAL.—Not later than one year shall establish and maintain a registry of eli- most amount of contract funds by the De-
after the date of the enactment of this Act, gible individuals who have a covered condi- partment of Defense in a fiscal year during
the Secretary of Defense, in consultation tion. the five preceding fiscal years’’ and inserting
with the Secretary of State and the Sec- ‘‘(2) INCLUSION OF INFORMATION.—The Sec- ‘‘if, during the preceding calendar year, the
retary of Homeland Security, shall submit to retary shall include any information in the company received more than $1,000,000,000 in
the Committees on Armed Services of the registry under paragraph (1) that the Sec- revenue from the Department of Defense, in-
Senate and House of Representatives a re- retary determines necessary to ascertain and cluding through 1 or more contracts with the
port on United States military capabilities monitor the health of eligible individuals Department’’.
in the Caribbean basin, particularly in and and the connection between the health of AMENDMENT NO. 294 OFFERED BY MRS.
around Puerto Rico and the United States such individuals and an unsafe housing unit. RADEWAGEN OF AMERICAN SAMOA
Virgin Islands. ‘‘(3) PUBLIC INFORMATION CAMPAIGN.—The
(b) ELEMENTS.—The report required by sub- Page 833, after line 5, insert the following:
Secretary shall develop a public information (3) By redesignating paragraph (14) as para-
section (a) shall include the following: campaign to inform eligible individuals
(1) An assessment of the value, feasibility, graph (15).
about the registry under paragraph (1), in- (4) By inserting after paragraph (13) the
and cost of increasing United States military cluding how to register and the benefits of
capabilities in the Caribbean basin, particu- following:
registering. ‘‘(14) An analysis of the activities of the
larly in and around Puerto Rico and the
‘‘(c) DEFINITIONS.—In this section: People’s Republic of China in the Pacific Is-
United States Virgin Islands, to—
‘‘(1) The term ‘covered condition’ means a lands region.’’.
(A) combat transnational criminal organi-
medical condition that is determined by the AMENDMENT NO. 295 OFFERED BY MR. RASKIN OF
zations and illicit narcotics and weapons
Secretary of Defense to have resulted from MARYLAND
trafficking in the Caribbean basin, particu-
residing in an unsafe housing unit.
larly in and around Puerto Rico and the At the end of subtitle B of title II, add the
‘‘(2) The term ‘eligible individual’ means a
United States Virgin Islands; following new section:
member of the armed forces or a family
(B) improve surveillance capabilities and SEC. 2ll. REQUIREMENT FOR SEPARATE PRO-
member of a member of the armed forces GRAM ELEMENT FOR THE MULTI-
maximize the effectiveness of counter-traf-
who has resided in an unsafe housing unit. MEDICINE MANUFACTURING PLAT-
ficking operations in the Caribbean region;
‘‘(3) The term ‘unsafe housing unit’ means FORM PROGRAM.
(C) ensure, to the greatest extent possible,
a dwelling unit that— (a) SENSE OF CONGRESS.—It is the sense of
that United States Northern Command and
‘‘(A) does not meet the housing quality Congress that—
United States Southern Command have the
standards established under section 8(o)(8)(B) (1) Congress has maintained a strong inter-
necessary assets to support and increase
of the United States Housing Act of 1937 (42 est in critical materials subject to signifi-
measures to detect, interdict, disrupt, or
U.S.C. 1437f(o)(8)(B)); or cant supply chain disruptions, particularly
curtail illicit narcotics and weapons traf-
‘‘(B) is not free from dangerous air pollu- those for which the predominant supply
ficking activities within their respective
tion levels from mold.’’. sources are potential adversaries;
areas of operations in the Caribbean basin;
(D) respond to malign influences of foreign (b) CLERICAL AMENDMENT.—The table of (2) as a result, Congress wishes to increase
governments, particularly including non- sections at the beginning of such subchapter transparency regarding funding and progress
market economies, in the Caribbean basin is amended by inserting after the item relat- of the multi-medicine manufacturing plat-
that harm United States national security ing to section 2894a the following new item: form program of the Office of Naval Re-
and regional security interests in the Carib- ‘‘2895. Screening and registry of individuals search; and
bean basin and in the Western Hemisphere; with health conditions result- (3) that program’s unique manufacturing
(E) increase supply chain resiliency and ing from unsafe housing platform will ensure that members of the
near-shoring in global trade; and units.’’. armed forces have access to essential medi-
(F) strengthen the ability of the security cines, particularly for those deployed,
AMENDMENT NO. 292 OFFERED BY MS. PORTER OF whether on land or at sea.
sector to respond to, and become more resil- CALIFORNIA (b) PROGRAM ELEMENT REQUIRED.—In the
ient in the face of, major disasters, including
At the end of subtitle B of title XXVIII in- materials submitted by the Secretary of the
to ensure critical infrastructure and ports
sert the following: Navy in support of the budget of the Presi-
can come back online rapidly following dis-
dent for fiscal year 2025 and each fiscal year
asters. SEC. 28ll. MANDATORY DISCLOSURE OF PRES- thereafter (as submitted to Congress pursu-
(2) An assessment of United States mili- ENCE OF MOLD AND HEALTH EF-
FECTS OF MYCOTOXINS BEFORE A
ant to section 1105 of title 31, United States
tary force posture in the Caribbean basin,
LEASE IS SIGNED FOR PRIVATIZED Code), the Secretary shall include a separate
particularly in and around Puerto Rico and program element for the multi-medicine
MILITARY HOUSING.
the United States Virgin Islands, and rel- manufacturing platform program under the
evant locations in the Caribbean basin. (a) IN GENERAL.—Subchapter V of chapter
accounts of the Office of Naval Research.
(c) FORM OF REPORT.—The report required 169 of title 10, United States Code, is amend-
AMENDMENT NO. 296 OFFERED BY MR.
under subsection (a) shall be submitted in ed by inserting after section 2890 the fol-
RESCHENTHALER OF PENNSYLVANIA
unclassified form without any designation lowing new section:
relating to dissemination control, but may At the end of subtitle C of title I, add the
‘‘§ 2890a. Disclosure of presence of mold and following new section:
include a classified annex.
health effects of mycotoxins SEC. 1ll. PROCUREMENT AUTHORITY FOR COM-
AMENDMENT NO. 291 OFFERED BY MS. PORTER OF
‘‘The Secretary of Defense shall require MERCIAL ENGINEERING SOFTWARE.
CALIFORNIA
that each landlord, before signing a lease (a) PROCUREMENT AUTHORITY.—The Sec-
At the end of subtitle B of title XXVIII in- retary of the Air Force may enter into one
sert the following: with a prospective tenant for a housing unit,
disclose to such prospective tenant— or more contracts for the procurement of
SEC. 28ll. SCREENING AND REGISTRY OF INDI- commercial engineering software to meet
VIDUALS WITH HEALTH CONDITIONS ‘‘(1) whether there is any mold present in
the housing unit at levels that could cause the digital transformation goals and objec-
RESULTING FROM UNSAFE HOUSING
UNITS. harmful impacts on human health; and tives of the Department of the Air Force.
‘‘(2) information regarding the health ef- (b) INCLUSION OF PROGRAM ELEMENT IN
(a) IN GENERAL.—Subchapter V of chapter
fects of mycotoxins.’’. BUDGET MATERIALS.—In the materials sub-
169 of title 10, United States Code, is amend-
mitted by the Secretary of the Air Force in
ed by adding at the end the following new (b) CLERICAL AMENDMENT.—The table of support of the budget of the President for fis-
section: sections for such subchapter is amended by cal year 2024 (as submitted to Congress pur-
‘‘§ 2895. Screening and registry of individuals inserting after the item relating to section suant to section 1105 of title 31, United
with health conditions resulting from un- 2890 the following new item: States Code), the Secretary shall include a
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safe housing units program element dedicated to the procure-
‘‘(a) SCREENING.— ‘‘2890a. Disclosure of presence of mold and ment and management of the commercial
‘‘(1) IN GENERAL.—The Secretary of De- health effects of mycotoxins.’’. engineering software described in subsection
fense, in consultation with appropriate sci- (a).
AMENDMENT NO. 293 OFFERED BY MS. PORTER OF
entific agencies as determined by the Sec- (c) REVIEW.—In carrying out subsection (a),
CALIFORNIA
retary, shall ensure that all military med- the Secretary of the Air Force shall—
ical treatment facilities screen eligible indi- At the end of subtitle B of title XXVIII in- (1) review the commercial physics-based
viduals for covered conditions. sert the following: simulation marketspace; and
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H6344 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(2) conduct research on providers of com- AMENDMENT NO. 300 OFFERED BY MR. AMENDMENT NO. 304 OFFERED BY MR. ROUZER OF
mercial software capabilities that have the RESCHENTHALER OF PENNSYLVANIA NORTH CAROLINA
potential to expedite the progress of digital At the end of subtitle D of title XVI, add At the end of subtitle B of title III, insert
engineering initiatives across the weapon the following: the following:
system enterprise, with a particular focus on SEC. ll. REPORT ON RADIATION HARDENED, SEC. 3ll. REPORT ON DEPARTMENT OF DE-
capabilities that have the potential to gen- THERMALLY INSENSITIVE TELE- FENSE FLOOD MAPPING EFFORTS.
erate significant life-cycle cost savings, SCOPES FOR SM–3 INTERCEPTOR. Not later than 180 days after the date of
streamline and accelerate weapon system ac- Not later than March 31, 2023, the Sec- the enactment of this Act, the Secretary of
quisition, and provide data-driven ap- retary of Defense, acting through the Direc- Defense shall submit to the congressional de-
proaches to inform investments by the De- tor of the Missile Defense Agency, shall sub- fense committees a report on the flood map-
partment of the Air Force. mit to the congressional defense committees ping efforts of the Department of Defense.
(d) REPORT.—Not later than March 1, 2023, a report containing— Such report shall address—
the Secretary of the Air Force shall submit (1) an assessment of the requirement to de- (1) how frequently the Department updates
to the congressional defense committees a velop radiation hardened, thermally insensi- such flood maps;
report that includes— tive sensors for missile defense; and (2) the resources used to undertake flood
(1) an analysis of specific physics-based (2) a funding profile, by year, of the total mapping projects; and
simulation capability manufacturers that cost of integrating and testing such sensors (3) whether, and if so, how, such maps are
deliver high mission impact with broad reach that are under development. incorporated into broader flood maps of the
into the weapon system enterprise of the De- Federal Emergency Management Agency.
AMENDMENT NO. 301 OFFERED BY MR.
partment of the Air Force; and
RESCHENTHALER OF PENNSYLVANIA AMENDMENT NO. 305 OFFERED BY MR. RYAN OF
(2) a prioritized list of programs and offices
At the end of subtitle C of title II, add the OHIO
of the Department of the Air Force that
could better utilize commercial physics- following new section: At the end of subtitle C of title VII, insert
based modeling and simulation and opportu- SEC. 2ll. SENSE OF CONGRESS ON THE ADDI- the following new section:
nities for the implementation of such mod- TIVE MANUFACTURING AND MA- SEC. 7ll. GAO STUDY ON ACCESS TO EXCEP-
CHINE LEARNING INITIATIVE OF TIONAL FAMILY MEMBER PROGRAM
eling and simulation capabilities within the THE ARMY. AND EXTENDED CARE HEALTH OP-
Department.
It is the sense of Congress that— TION PROGRAM BY MEMBERS OF RE-
AMENDMENT NO. 297 OFFERED BY MR. SERVE COMPONENTS.
(1) the additive manufacturing and ma-
RESCHENTHALER OF PENNSYLVANIA (a) STUDY AND REPORT.—Not later than 180
chine learning initiative of the Army has the
At the end of subtitle I of title V, insert potential to accelerate the ability to deploy days after the date of the enactment of this
the following: additive manufacturing capabilities in expe- Act, the Comptroller General of the United
SEC. 5ll. INCLUSION OF PURPLE HEART ditionary settings and strengthen the United States shall—
AWARDS ON MILITARY VALOR States defense industrial supply chain; and (1) conduct a study to determine the bar-
WEBSITE. riers to members of the reserve components
(2) Congress and the Department of De-
The Secretary of Defense shall ensure that fense should continue to support the additive accessing the Extended Care Health Option
the publicly accessible internet website of manufacturing and machine learning initia- program and the Exceptional Family Mem-
the Department of Defense that lists individ- ber program of the Department of Defense;
tive of the Army.
uals who have been awarded certain military and
awards includes a list of each individual who AMENDMENT NO. 302 OFFERED BY MR.
RESCHENTHALER OF PENNSYLVANIA (2) submit to the Secretary of Defense and
meets each of the following criteria: the congressional defense committees a re-
(1) The individual is awarded the Purple At the end of subtitle C of title II, insert
port containing the findings of such study.
Heart for qualifying actions that occur after the following new section: (b) ELEMENTS.—The report under sub-
the date of the enactment of this Act. SEC. 2ll. FUNDING FOR ROBOTICS SUPPLY section (a)(2) shall include the following:
(2) The individual elects to be included on CHAIN RESEARCH.
(1) A description of the methodology used
such list (or, if the individual is deceased, (a) INCREASE.—Notwithstanding the by the Department of Defense to disseminate
the primary next of kin elects the individual amounts set forth in the funding tables in di- information regarding the eligibility of
to be included on such list). vision D, the amount authorized to be appro- members of the reserve components for the
(3) The public release of the individual’s priated in section 201 for Research, Develop- Extended Care Health Option program and
name does not constitute a security risk, as ment, Test, and Evaluation, Defense-Wide, as the Exceptional Family Member program
determined by the Secretary of the military specified in the corresponding funding table upon such members commencing the per-
department concerned. in section 4201, for Defense Wide Manufac- formance of Active Guard and Reserve duty.
AMENDMENT NO. 298 OFFERED BY MR. turing Science and Technology Program, (2) An identification of the timeline of the
RESCHENTHALER OF PENNSYLVANIA Line 054, is hereby increased by $15,000,000, enrollment process for members of the re-
At the end of subtitle C of title I, add the for Robotics Supply Chain Research. serve components in such programs and any
following new section: (b) OFFSET.—Notwithstanding the amounts effects of delayed enrollment, such as exclu-
SEC. 1ll. SENSE OF CONGRESS REGARDING set forth in the funding tables in division D, sion from benefits or resources.
UNITED STATES AIR NATIONAL the amount authorized to be appropriated in (3) An identification of impediments to en-
GUARD REFUELING MISSION. section 201 for Army, as specified in the cor- rollment in such programs among such mem-
It is the sense of Congress that— responding funding table in section 4201, for bers, including an assessment of the fol-
(1) the refueling mission of the reserve Integrated Personnel and Pay System Army, lowing:
components of the Air Force is essential to Line 123, is hereby reduced by $15,000,000. (A) The availability of resources under
ensuring the national security of the United AMENDMENT NO. 303 OFFERED BY MR. such programs, including specialist providers
States and our allies; RESCHENTHALER OF PENNSYLVANIA under the Exceptional Family Member pro-
(2) this mission provides for aerial aircraft At the end of subtitle C of title II, insert gram, at the time of enrollment in such pro-
refueling essential to extending the range of the following new section: grams.
aircraft, which is a critical capability when SEC. 2ll. FUNDING FOR ENTERPRISE DIGITAL (B) The availability of support under such
facing the current threats abroad; and TRANSFORMATION WITH COMMER- programs at facilities of the reserve compo-
(3) the Air Force should ensure any plan to CIAL PHYSICS SIMULATION. nents.
retire KC–135 aircraft includes equal replace- (a) INCREASE.—Notwithstanding the (C) Any misinformation provided to service
ment with KC–46A aircraft. amounts set forth in the funding tables in di- members seeking enrollment.
AMENDMENT NO. 299 OFFERED BY MR. vision D, the amount authorized to be appro- (4) With respect to the Exceptional Family
RESCHENTHALER OF PENNSYLVANIA priated in section 201 for Research, Develop- Member program—
At the end of subtitle D of title XVI, add ment, Test, and Evaluation, Air Force, as (A) an identification of the number of fam-
the following: specified in the corresponding funding table ilies with a family member eligible to enroll
SEC. ll. REPORT ON GUN LAUNCHED INTER- in section 4201, for the Department of the Air in such program, disaggregated by whether
CEPTOR TECHNOLOGIES. Force Tech Architecture, Line 040, is hereby the member of the reserve component in
Not later than March 31, 2023, the Sec- increased by $9,000,000, for Enterprise Digital such family is performing Active Guard and
retary of Defense, acting through the Com- Transformation with Commercial Physics Reserve duty;
manding General of the Army Space and Simulation. (B) an assessment of the effects of navi-
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Missile Defense Command, shall submit to (b) OFFSET.—Notwithstanding the amounts gating the process of enrollment in such pro-
the congressional defense committees a re- set forth in the funding tables in division D, gram on the mission to which the member is
port containing— the amount authorized to be appropriated in assigned while performing Active Guard and
(1) an assessment of the need for gun section 201 for Research, Development, Test, Reserve duty; and
launched interceptor technologies; and and Evaluation, Air Force, as specified in the (C) an identification of the number of spe-
(2) a funding profile, by year, of the total corresponding funding table in section 4201, cialist providers and staff who support re-
cost of integrating and testing such tech- for Stand-In Attack Weapon, Line 096, is serve component members through such pro-
nologies that are under development. hereby reduced by $9,000,000. gram.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6345
(5) Recommendations on improving the owned by the Navy and located on Guam are SEC. ll. IMPROVEMENTS TO THE NATO STRA-
dissemination of information regarding the checked for leaks at least once every six TEGIC COMMUNICATIONS CENTER
months. OF EXCELLENCE.
eligibility of members of the reserve compo-
nents for the Extended Care Health Option (b) AIR FORCE.—The Secretary of the Air (a) PRIORITIZATION.—The Secretary of De-
program and the Exceptional Family Mem- Force shall ensure that underground fuel fense shall seek to prioritize funding through
ber program. storage tanks owned by the Air Force and lo- NATO’s common budget to—
(6) Recommendations on improvements to cated on Guam are checked for leaks at least (1) enhance the capability, cooperation,
such programs with respect to the reserve once every six months. and information sharing among NATO,
components. AMENDMENT NO. 310 OFFERED BY MS. SÁNCHEZ NATO member countries, and partners, with
(c) ACTIVE GUARD AND RESERVE DEFINED.— OF CALIFORNIA respect to strategic communications and in-
The term ‘‘Active Guard and Reserve’’ has At the end of subtitle A of title XIII of di- formation operations; and
the meaning given such term in section vision A, add the following: (2) facilitate education, research and devel-
101(b) of title 10, United States Code. SEC. ll. SENSE OF CONGRESS ON ENHANCING opment, lessons learned, and consultation in
AMENDMENT NO. 306 OFFERED BY MS. SALAZAR NATO EFFORTS TO COUNTER MISIN- strategic communications and information
OF FLORIDA FORMATION AND DISINFORMATION. operations.
It is the sense of Congress that the United (b) CERTIFICATION.—Not later than 180 days
At the end of subtitle A of title XVI, add
States should— after the date of the enactment of this Act,
the following:
(1) prioritize efforts to enhance the North the Secretary of Defense shall certify to the
SEC. 1609. REPORT ON STRATOSPHERIC BAL-
Atlantic Treaty Organization’ (NATO’s) ca- appropriate congressional committees that
LOONS, AEROSTATS, OR SATELLITE
TECHNOLOGY CAPABLE OF RAPIDLY pacity to counter misinformation and the Secretary has assigned executive agent
DELIVERING WIRELESS INTERNET. disinformation; responsibility for the Center to an appro-
Not later than 90 days after the date of the (2) support an increase in NATO’s human, priate organization within the Department
enactment of this Act, the Secretary of the financial, and technological resources and of Defense, and detail the steps being under
Air Force and the Secretary of State, in con- capacity dedicated to understand, respond taken to strengthen the role of Center in fos-
sultation with the Chief of Space Operations, to, and fight threats in the information tering strategic communications and infor-
shall provide a report to the Senate Foreign space; and mation operations within NATO.
Relations Committee, House Foreign Affairs (3) support building technological resil- (c) REPORT REQUIRED.—Not later than 1
Committee, Senate Armed Services Com- ience to misinformation and disinformation. year after the date of the enactment of this
mittee and House Armed Services Com- SEC. ll. SENSE OF CONGRESS RELATING TO Act, the Secretary of Defense, in coordina-
mittee that identifies opportunities to de- THE NATO PARLIAMENTARY ASSEM- tion with the Secretary of State, shall sub-
ploy stratospheric balloons, aerostats, or BLY. mit to the appropriate congressional com-
satellite technology capable of rapidly deliv- It is the sense of Congress that the United mittees a report outlining—
ering wireless internet anywhere on the States should— (1) the recommendations of the Secretary
planet from the stratosphere or higher. The (1) proactively engage with the North At- with respect to improving strategic commu-
report shall identify commercial as well as lantic Treaty Organization (NATO) Par- nications within NATO; and
options developed by the Department of De- liamentary Assembly (PA) and its member (2) the recommendations of the Secretary
fense. Additionally, the report shall provide delegations; with respect to strengthening the role of the
an assessment of the military utility of such (2) communicate with and educate the pub- Center in fostering strategic communica-
opportunities. lic on the benefits and importance of NATO tions and information operations within
AMENDMENT NO. 307 OFFERED BY MS. SALAZAR and NATO PA; and NATO.
OF FLORIDA (3) support increased inter-democracy and (d) BRIEFINGS REQUIRED.—The Secretary of
inter-parliamentary cooperation on coun- Defense shall brief the appropriate congres-
At the end of subtitle C of title X, insert
tering misinformation and disinformation. sional committees on a biannual basis on—
the following:
AMENDMENT NO. 311 OFFERED BY MS. SÁNCHEZ (1) the efforts of the Department of Defense
SEC. 10ll. CONGRESSIONAL NOTIFICATION RE-
GARDING PENDING RETIREMENT OF OF CALIFORNIA to strengthen the role of the Center in fos-
NAVAL VESSELS VIABLE FOR ARTIFI- At the end of subtitle E of title XII, add tering strategic communications and infor-
CIAL REEFING. the following: mation operations within NATO;
(a) SENSE OF CONGRESS.—It is the sense of SEC. 12l. REPORT ON EFFORTS OF NATO TO (2) how the Department of Defense is work-
Congress that the Secretary of the Navy COUNTER MISINFORMATION AND ing with the NATO Strategic Communica-
should explore and solicit artificial reefing DISINFORMATION. tions Center of Excellence and the inter-
opportunities with appropriate entities for (a) IN GENERAL.—Not later than one year agency to improve NATO’s ability to counter
any naval vessel planned for retirement be- after the date of the enactment of this Act, and mitigate disinformation, active meas-
fore initiating any plans to dispose of the the Secretary of State, in consultation with ures, propaganda, and denial and deception
vessel. the Secretary of Defense, shall submit to the activities of Russia and China; and
(b) REPORT.—Not later than 90 days before congressional committees specified in sub- (3) how the Department of Defense is devel-
the retirement from the Naval Vessel Reg- section (b) a report on efforts of the North oping ways to improve strategic communica-
ister of any naval vessel that is a viable can- Atlantic Treaty Organization (NATO) and tions within NATO, including by enhancing
didate for artificial reefing, the Secretary of NATO member states to counter misinforma- the capacity of and coordination with the
the Navy shall submit to the Committees on tion and disinformation. NATO Strategic Communications Center of
Armed Services of the Senate and House of (b) CONGRESSIONAL COMMITTEES SPECI- Excellence.
Representatives notice of the pending retire- FIED.—The congressional committees speci- (e) APPROPRIATE CONGRESSIONAL COMMIT-
ment of such vessel. fied in this subsection are the Committee on TEES DEFINED.—In this section, the term
AMENDMENT NO. 308 OFFERED BY MR. SAN Armed Services and the Committee on For- ‘‘appropriate congressional committees’’
NICOLAS OF GUAM eign Affairs of the House of Representatives means the following:
and the Committee on Armed Services and (1) The Committee on Armed Services and
At the end of title LII, insert the fol-
the Committee on Foreign Relations of the the Committee on Foreign Affairs of the
lowing:
Senate. House of Representatives.
SEC. 52ll. ACCESS TO MILITARY INSTALLA-
(c) ELEMENTS.—The report required by sub- (2) The Committee on Armed Services and
TIONS FOR HOMELAND SECURITY
INVESTIGATIONS PERSONNEL IN
section (a) shall— the Committee on Foreign Relations of the
GUAM. (1) assess— Senate.
The commander of a military installation (A) vulnerabilities of NATO member states
AMENDMENT NO. 313 OFFERED BY MR. SCHIFF OF
located in Guam shall grant to an officer or and NATO to misinformation and
CALIFORNIA
employee of Homeland Security Investiga- disinformation and describe efforts to
counter such activities; At the end of title LI, insert the following:
tions the same access to such military in-
(B) the capacity and efforts of NATO mem- SEC. 51ll. FEASIBILITY STUDY ON INCLUSION
stallation (including the use of an APO or
ber states and NATO to counter misinforma- ON THE VIETNAM VETERANS MEMO-
FPO box) such commander grants to an offi- RIAL WALL OF THE NAMES OF THE
cer or employee of U.S. Customs and Border tion and disinformation, including United
LOST CREW MEMBERS OF THE USS
Protection or of the Federal Bureau of Inves- States cooperation with other NATO mem- FRANK E. EVANS KILLED ON JUNE 3,
tigation. bers states; and 1969.
AMENDMENT NO. 309 OFFERED BY MR. SAN (C) misinformation and disinformation (a) IN GENERAL.—The Secretary of Defense
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NICOLAS OF GUAM campaigns carried out by authoritarian shall conduct a study to determine the feasi-
states, particularly Russia and China; and bility of including on the Vietnam Veterans
At the end of subtitle B of title III, insert
(2) include recommendations to counter Memorial Wall in the District of Columbia
the following:
misinformation and disinformation. the names of the 74 crew members of the
SEC. 3ll. BIANNUAL LEAK INSPECTIONS OF
NAVY AND AIR FORCE UNDER- AMENDMENT NO. 312 OFFERED BY MS. SÁNCHEZ USS Frank E. Evans in service who were
GROUND STORAGE TANKS ON GUAM. OF CALIFORNIA killed on June 3, 1969. Such study shall in-
(a) NAVY.—The Secretary of the Navy shall At the appropriate place in subtitle E of clude a determination of—
ensure that underground fuel storage tanks title XII, insert the following: (1) the cost of including such names; and
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H6346 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(2) whether there is sufficient space on the AMENDMENT NO. 316 OFFERED BY MS. SCHRIER tional fulfilment by the Russian Federation
Wall for the inclusion of such names. OF WASHINGTON of its international obligations, inter alia
(b) CONSULTATION.—In conducting the At the end of subtitle H of title V, insert implementation of the EU-mediated 12 Au-
study required under subsection, the Sec- the following: gust 2008 Ceasefire Agreement;
retary shall consult with members of the SEC. 5ll. PUBLIC REPORTING ON CERTAIN (4) continue strong support and meaningful
Frank E. Evans Association, as well as sur- MILITARY CHILD CARE PROGRAMS. participation in the Geneva International
vivors and family members of the crew mem- Not later than September 30, 2023, and each Discussions for ensuring implementation of
bers who were killed. calendar quarter thereafter, the Secretary of the Ceasefire Agreement by the Russian Fed-
AMENDMENT NO. 314 OFFERED BY MR. SCHNEIDER Defense shall post, on a publicly accessible eration and achieving lasting peace and secu-
OF ILLINOIS website of the Department of Defense, infor- rity in Georgia;
Add at the end of subtitle E of title VIII mation regarding the Military Child Care in (5) continue working to strengthen press
the following: Your Neighborhood and Military Child Care freedom, democratic institutions, and the
SEC. 8ll. SENSE OF CONGRESS ON MODERN- in Your Neighborhood-Plus programs. Such rule of law in Georgia in order to help secure
IZING DEFENSE SUPPLY CHAIN MAN- information shall include the following ele- its path of Euro-Atlantic integration and as-
AGEMENT. ments, disaggregated by State, ZIP code, pirant NATO and EU membership;
(a) FINDINGS.—Congress finds the fol- month, and Armed Force: (6) prioritize and deepen defense and secu-
lowing: (1) The number of children, military fami- rity cooperation with Georgia, including the
(1) The continued modernize Department of lies, and child care providers who benefit full implementation and potential accelera-
Defense supply chain management using pri- from each program. tion of the Georgia Defense and Deterrence
vate sector best practices where applicable is (2) Whether such providers are nationally Enhancement Initiative, increased military
imperative to run effective domestic and accredited or rated by the Quality Rating financing of Georgia’s equipment moderniza-
overseas operations, ensure timely mainte- and Improvement System of the State. tion plans to enhance Georgia’s deterrence,
nance, and sustain military forces. (3) The amounts of subsidy paid. territorial defense, whole-of-government re-
(2) Congress supports the continued devel- sistance and resilience capacity, and to fos-
AMENDMENT NO. 317 OFFERED BY MR. AUSTIN
opment and integration by the Secretary of ter readiness and NATO interoperability;
SCOTT OF GEORGIA
Defense of advanced digital supply chain (7) support existing and new cooperation
management and capabilities. These capa- At the appropriate place in subtitle E of
formats to bolster cooperation among NATO,
bilities should include tools that digitize title XII, insert the following:
Georgia and Black Sea regional partners to
data flows in order to transition from older, SEC. ll. SENSE OF CONGRESS ON ENHANCING
enhance Black Sea security especially in the
inefficient manual systems, modernize ware- STRATEGIC PARTNERSHIP, DEFENSE
AND SECURITY COOPERATION WITH changed security environment including in-
house operations of the Department of De- GEORGIA. creasing the frequency, scale and scope of ex-
fense to use digitized data management and ercises such as NATO Article 5 exercises and
(a) FINDINGS.—Congress finds the fol-
inventory control, and maximize cybersecu- assistance to Georgia’s Defense Forces mod-
lowing:
rity protection of logistics processes. ernization efforts;
(b) SENSE OF CONGRESS.—It is the sense of (1) Georgia is a valued friend and strategic
partner of the United States and a NATO as- (8) enhance assistance to Georgia in the
Congress that, to meet the unique needs of cyber domain through training, education,
the Department of Defense regarding con- pirant that has consistently sought to ad-
vance shared values and mutual interests to and technical assistance to enable Georgia to
tinuity of supply chain management in both prevent, mitigate and respond to cyber
garrison and deployed or austere environ- include deploying alongside United States
forces in Iraq and Afghanistan. threats; and
ments, the Department must prioritize dig- (9) continue support and assistance to
ital supply chain management solutions that (2) Over the past 30 years of partnership,
the United States has contributed to Georgia in countering Russian
use durable devices and technologies de-
strengthening Georgia’s progress on the path disinformation and propaganda campaigns
signed to operate in remote regions with lim-
of European and Euro-Atlantic integration. intended to undermine the sovereignty of
ited network connectivity.
(3) Security in the Black Sea region is a Georgia, credibility of its democratic insti-
AMENDMENT NO. 315 OFFERED BY MS. SCHRIER tutions and European and Euro-Atlantic in-
OF WASHINGTON matter of strategic importance for the
United States, especially amid Russia’s tegration.
At the end of subtitle G of title V, insert AMENDMENT NO. 318 OFFERED BY MR. AUSTIN
unprovoked and unjustified war on Ukraine.
the following:
Enhancing Georgia’s self-defense and whole- SCOTT OF GEORGIA
SEC. 5ll. GAO REPORT ON SCREENINGS IN-
CLUDED IN THE HEALTH ASSESS- of-government resistance and resilience ca- At the appropriate place in subtitle A of
MENT FOR MEMBERS SEPARATING pacity is critical for Euro-Atlantic security, title XII, insert the following:
FROM THE ARMED FORCES. the United States’s national security objec- SEC. ll. REPEAL OF LIMITATION ON COSTS
Not later than 180 days after the date of tives and strategic interests in the Black Sea COVERED UNDER HUMANITARIAN
the enactment of this Act, the Comptroller region. DEMINING ASSISTANCE.
General of the United States shall submit to (4) Georgia is a significant economic, en- Subsection (c)(3) of section 407 of title 10,
the Committees on Armed Services of the ergy transit, and international trade hub. United States Code, is repealed.
Senate and House of Representatives a re- Georgia is an integral part of the East-West AMENDMENT NO. 319 OFFERED BY MR. AUSTIN
port on screenings included in the health as- corridor that is vital to European energy se- SCOTT OF GEORGIA
sessment administered to members sepa- curity and diversification of strategic sup-
rating from the the Armed Forces. Such re- At the end of subtitle F of title X, insert
ply-chain routes for the United States and
port shall include the following elements: the following:
Europe.
(1) A list of screenings are included in such (5) Continuous illegal occupation of two SEC. 10ll. ANNUAL REPORT ON UNFUNDED PRI-
ORITIES OF DEFENSE POW/MIA AC-
assessment. Georgian regions by Russia, its accelerated COUNTING AGENCY.
(2) Whether such screenings— attempts of de-facto annexation of both re-
Chapter 9 of title 10, United States Code, is
(A) are uniform across the Armed Forces; gions and hybrid warfare tactics including
amended by inserting after section 222c the
(B) include questions to assess if the mem- political interference, cyber-attacks, and
following new section:
ber is at risk for social isolation, homeless- disinformation and propaganda campaigns
ness, or substance abuse; and pose immediate challenges to the national ‘‘§ 222d. Unfunded priorities of Defense POW/
(C) include questions about community. security of Georgia and the security of Eu- MIA Accounting Agency: annual report
(3) How many such screenings result in re- rope. ‘‘(a) REPORTS.—(a) Reports.-Not later than
ferral of a member to— (b) SENSE OF CONGRESS.—It is the sense of 10 days after the date on which the budget of
(A) community services; Congress that the United States should— the President for a fiscal year is submitted
(B) community services other than medical (1) reaffirm support and take steps to en- to Congress pursuant to section 1105 of title
services; and hance and deepen the steadfast strategic 31, the Director of the Defense POW/MIA Ac-
(C) a veterans service organization. partnership in all priority areas of the 2009 counting Agency shall submit to the Sec-
(4) An assessment of the effectiveness of re- United States—Georgia Charter on Strategic retary of Defense and the Chairman of the
ferrals described in paragraph (3). Partnership and in line with the 2016 Memo- Joint Chiefs of Staff, and to the congres-
(5) How organizations, including veterans randum of Understanding on Deepening the sional defense committees, a report on the
service organizations, perform outreach to Defense and Security Partnership between unfunded priorities of the Defense POW/MIA
members in underserved communities. the United States and Georgia; Accounting Agency.
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(6) The extent to which organizations de- (2) continue firm support to Georgia’s sov- ‘‘(b) ELEMENTS.—(1) Each report under sub-
scribed in paragraph (5) perform such out- ereignty and territorial integrity within its section (a) shall specify, for each unfunded
reach. internationally recognized borders; priority covered by such report, the fol-
(7) The effectiveness of outreach described (3) intensify efforts towards de-occupation lowing:
in paragraph (6). of Georgia’s territories and peaceful resolu- ‘‘(A) A summary description of such pri-
(8) The annual amount of Federal funding tion of Russia-Georgia conflict, including ority, including the objectives to be achieved
for services and organizations described in through consolidation of decisive inter- if such priority is funded (whether in whole
paragraphs (3) and (5). national action to ensure full and uncondi- or in part).
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6347
‘‘(B) The additional amount of funds rec- Works Department and through Joint Land (1) issued policy and guidance concerning
ommended in connection with the objectives Use Studies. the establishment, promotion, and manage-
under subparagraph (A). (c) COLLABORATION.—In carrying out the ment of an anonymous concerns program;
‘‘(C) Account information with respect to pilot project, the Secretary shall build on ex- (2) established safeguards in such policy
such priority, including the following (as ap- isting efforts through collaboration with and guidance to ensure the anonymity of
plicable): State and local entities, including emer- concerns or complaints filed through an
‘‘(i) Line Item Number (LIN) for applicable gency management, transportation, plan- anonymous concerns program; and
procurement accounts. ning, housing, community development, nat- (3) used an anonymous concerns program—
‘‘(ii) Program Element (PE) number for ap- ural resource managers, and governing bod- (A) for purposes that include services on a
plicable research, development, test, and ies and with the heads of appropriate Federal military installation; and
evaluation accounts. departments and agencies. (B) in settings that include—
‘‘(iii) Sub-activity group (SAG) for applica- AMENDMENT NO. 322 OFFERED BY MR. SCOTT OF (i) naval vessels;
ble operation and maintenance accounts. VIRGINIA (ii) military installations outside the con-
‘‘(2) Each report under subsection (a) shall tinental United States; and
present the unfunded priorities covered by At the appropriate place in subtitle J of (iii) remote locations.
such report in order of urgency of priority. title V, insert the following new section: (b) REPORT REQUIRED.—Not later than 180
‘‘(c) UNFUNDED PRIORITY DEFINED.— In this SEC. 5ll REPORT ON EFFORTS TO PREVENT days after the date of the enactment of this
section, the term ‘unfunded priority’, in the AND RESPOND TO DEATHS BY SUI- Act, the Inspector General of the Depart-
case of a fiscal year, means a program, activ- CIDE IN THE NAVY.
ment of Defense shall submit to the congres-
ity, or mission requirement of the POW/MIA (a) REVIEW REQUIRED.—The Inspector Gen- sional defense committees a report that in-
Accounting Agency that— eral of the Department of Defense shall con- cludes the findings of the review conducted
‘‘(1) is not funded in the budget of the duct a review of the efforts by the Secretary under subsection (a).
President for the fiscal year as submitted to of the Navy to— (c) ANONYMOUS CONCERNS PROGRAM DE-
Congress pursuant to section 1105 of title 31, (1) prevent incidents of deaths by suicide, FINED.—In this section, the term ‘‘anony-
United States Code; suicide attempts, and suicidal ideation mous concerns program’’—
‘‘(2) is necessary to fulfill a requirement among covered members; and (1) means a program that enables a mem-
associated with an operational or contin- (2) respond to such incidents. ber of the Armed Force to anonymously sub-
gency plan of a combatant command or (b) ELEMENTS OF REVIEW.—The study con- mit a complaint or concern related to topics
other validated requirement; and ducted under subsection (a) shall include an that include—
‘‘(3) would have been recommended for assessment of each of the following: (A) morale;
funding through the budget referred to in (1) The extent of data collected regarding (B) quality of life;
paragraph (1) by the Director of the POW/ incidents of deaths by suicide, suicide at- (C) safety; or
MIA Accounting Agency in connection with tempts, and suicidal ideation among covered (D) the availability of Department of De-
the budget if additional resources had been members, including data regarding whether fense programs or services to support mem-
available for the budget to fund the program, such covered members are assigned to sea bers of the Armed Forces; and
activity, or mission requirement.’’. duty or shore duty at the time of such inci- (2) does not include an anonymous report-
AMENDMENT NO. 320 OFFERED BY MR. AUSTIN dents. ing mechanism related to sexual harassment,
SCOTT OF GEORGIA (2) The means used by commanders to pre- sexual assault, anti-harassment complaints,
vent and respond to incidents of deaths by or military equal opportunity complaints.
At the appropriate place in subtitle A of
suicide, suicide attempts, and suicidal idea-
title XII, insert the following: AMENDMENT NO. 324 OFFERED BY MS. SHERRILL
tion among covered members.
SEC. ll. MODIFICATION TO FELLOWSHIP PRO- OF NEW JERSEY
GRAM TO ADD TRAINING RELATING
(3) Challenges related to—
(A) the prevention of incidents of deaths by Add at the end of subtitle D of title VIII
TO URBAN WARFARE.
suicide, suicide attempts, and suicidal idea- the following:
Section 345 of title 10, United States Code,
tion among members of the Navy assigned to SEC. 8ll. OTHER TRANSACTION AUTHORITY
is amended— CLARIFICATION.
(1) in subsection (b)(1), by adding at the sea duty; and
(B) the development of a response to such Section 4022 of title 10, United States Code,
end the following sentence: ‘‘In addition to
incidents. is amended—
the areas of combating terrorism and irreg-
(4) The capacity of teams providing mental (1) in subsection (a)(1)—
ular warfare, the program should focus train-
health services to covered members to re- (A) by striking ‘‘military personnel and
ing on urban warfare.’’; and
spond to incidents of suicidal ideation or sui- the supporting’’ and inserting ‘‘personnel of
(2) by adding at the end of subsection (d)
cide attempts among covered members in the Department of Defense or improving’’;
the following new paragraph:
the respective unit each such team serves. and
‘‘(6) A discussion of how the training from
(5) The means used by such teams to re- (B) by striking ‘‘or materials in use’’ and
the previous year incorporated lessons
spond to such incidents, including the extent inserting ‘‘materials, or installations in
learned from ongoing conflicts.’’.
to which post-incident programs are avail- use’’; and
AMENDMENT NO. 321 OFFERED BY MR. SCOTT OF
able to covered members. (2) in subsection (e), by adding at the end
VIRGINIA
(6) Such other matters as the Inspector the following new paragraph:
At the end of subtitle H of title XXVIII in- General considers appropriate in connection ‘‘(3) The term ‘prototype project’ means a
sert the following: with the prevention of deaths by suicide, sui- project that addresses—
SEC. 28ll. INTERAGENCY REGIONAL COORDI- cide attempts, and suicidal ideation among ‘‘(A) a proof of concept, model, or process,
NATOR FOR RESILIENCE PILOT covered members. including a business process;
PROJECT.
(c) REPORT REQUIRED.—Not later than 180 ‘‘(B) reverse engineering to address obso-
(a) PILOT PROJECT.—The Secretary of De- lescence;
days after the date of the enactment of this
fense shall carry out a pilot program under ‘‘(C) a pilot or novel application of com-
Act, the Inspector General of the Depart-
which the Secretary shall establish within mercial technologies for defense purposes;
ment of Defense shall submit to the congres-
the Department of Defense four Interagency ‘‘(D) agile development activity, creation,
sional defense committees a report that in-
Regional Coordinators. Each Interagency Re- design, development, or demonstration of
cludes a summary of the results of the re-
gional Coordinator shall be responsible for operational utility; or
view conducted under subsection (a).
improving the resilience of a community ‘‘(E) any combination of subparagraphs (A)
(d) COVERED MEMBER DEFINED.—In this sec-
that supports a military installation and through (D).’’.
tion the term ‘‘covered member’’ means a
serving as a model for enhancing community
member of the Navy assigned to sea duty or AMENDMENT NO. 325 OFFERED BY MS. SLOTKIN
resilience before disaster strikes.
shore duty. OF MICHIGAN
(b) SELECTION.—Each Interagency Regional
Coordinator shall support military installa- AMENDMENT NO. 323 OFFERED BY MR. SCOTT OF At the end of subtitle H of title III, insert
tions and surrounding communities within a VIRGINIA the following new section:
geographic area, with at least one such Coor- At the appropriate place in subtitle J of SEC. 3ll. RECOGNITION OF SERVICE OF MILI-
dinator serving each of the East, West, and title V, insert the following: TARY WORKING DOGS.
Gulf coasts. For purposes of the project, the SEC. 5ll REPORT ON PROGRAMS THROUGH Section 1125 of title 10, United States Code,
Secretary shall select geographic areas— WHICH MEMBERS OF THE ARMED is amended—
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(1) with significant sea level rise and recur- FORCES MAY FILE ANONYMOUS (1) by inserting ‘‘(a) GENERAL AUTHORITY.—
rent flooding that prevents members of the CONCERNS. ’’ before ‘‘The Secretary of Defense’’; and
Armed Forces from reaching their posts or (a) REVIEW REQUIRED.—The Inspector Gen- (2) by adding at the end the following new
jeopardizes military readiness; and eral of the Department of Defense shall con- subsection:
(2) where communities have collaborated duct a review that shall include an assess- ‘‘(b) RECOGNITION OF SERVICE OF MILITARY
on multi-jurisdictional climate adaptation ment of the extent to which the Secretary of WORKING DOGS.—The Secretary of Defense
planning efforts, including such collabora- Defense and each Secretary of a military de- shall develop a decoration or other appro-
tion with the Army Corps of Engineers Civil partment have— priate recognition to recognize military
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H6348 CONGRESSIONAL RECORD — HOUSE July 13, 2022
working dogs under the jurisdiction of the integrity of any program of the Department (ii) includes in such certification a jus-
Secretary that are killed in action or that of Defense. tification therefor, which may be included in
perform an exceptionally meritorious or cou- (C) NOTIFICATION.—If the Secretary accepts a classified annex, if necessary.
rageous act in service to the United States.’’. any contribution under this paragraph, the (B) NON-DELEGATION.—The President may
AMENDMENT NO. 326 OFFERED BY MR. SMITH OF Secretary shall notify the congressional de- not delegate any responsibility of the Presi-
WASHINGTON fense committees, the Committee on Foreign dent under subparagraph (A).
Relations of the Senate, and the Committee (g) TERMINATION.—The authority for the
At the end of title XVII, insert the fol-
on Foreign Affairs of the House of Represent- Fund under this section shall expire on De-
lowing: cember 31, 2024.
atives. Such notice shall specify the source
SEC. 17ll. UKRAINE CRITICAL MUNITIONS AC-
QUISITION FUND.
and amount of any contribution so accepted AMENDMENT NO. 327 OFFERED BY MR. SMITH OF
and the use of any amount so accepted. NEW JERSEY
(a) ESTABLISHMENT.—There shall be estab- (e) NOTIFICATION.—
lished in the Treasury of the United States a At the end of subtitle B of title XIII, add
(1) IN GENERAL.—No amount may be trans- the following:
revolving fund to be known as the ‘‘Ukraine ferred pursuant to subsection (d)(1)(C) until
Critical Munitions Acquisition Fund’’ (in SEC. 13l. FEASIBILITY STUDY AND REPORT RE-
the date that is 15 days after the date on LATING TO SOMALILAND.
this section referred to as the ‘‘Fund’’). which the Secretary provides to the congres-
(b) PURPOSE.—Subject to the availability (a) FEASIBILITY STUDY.—The Secretary of
sional defense committees, the Committee State, in consultation with the Secretary of
of appropriations, amounts in the Fund shall on Foreign Affairs of the House of Represent- Defense, shall conduct a feasibility study
be made available by the Secretary of De- atives, and the Committee on Foreign Rela- that—
fense— tions of the Senate— (1) includes consultation with Somaliland
(1) to ensure that adequate stocks of crit- (A) notice in writing of the amount and security organs;
ical munitions are available for allies and purpose of the proposed transfer; and (2) determines opportunities for collabora-
partners of the United States during the war (B) a description of how the Secretary in- tion in the pursuit of United States national
in Ukraine; and tends to use the munitions acquired under security interests in the Horn of Africa, the
(2) to finance the acquisition of critical this section to meet national defense re- Gulf of Aden, and the broader Indo-Pacific
munitions in advance of the transfer of such quirements as specified in subsection region;
munitions to foreign countries during the (f)(1)(A). (3) identifies the practicability of improv-
war in Ukraine. (2) AMMUNITION PURCHASES.—No amounts ing the professionalization and capacity of
(c) ADDITIONAL AUTHORITY.—Subject to the in the Fund may be used to purchase ammu- Somaliland security sector actors; and
availability of appropriations, the Secretary nition, as authorized by this Act, until the (4) identifies the most effective way to con-
may also use amounts made available to the date that is 15 days after the date on which duct and carry out programs, transactions,
Fund— the Secretary notifies the congressional de- and other relations in the City of Hargeisa
(1) to keep on continuous order munitions fense committees in writing of the amount on behalf of the United States Government.
that the Secretary deems as critical due to a and purpose of the proposed purchase. (b) REPORT.—Not later than 180 days after
reduction in current stocks as a result of the (3) FOREIGN TRANSFERS.—No munition pur- the date of the enactment of this Act, the
drawdown of stocks provided to the govern- chased using amounts in the Fund may be Secretary of State, in consultation with the
ment of Ukraine for transfer to Ukraine; or transferred to a foreign country until the Secretary of Defense and the heads of other
(2) with the concurrence of the Secretary date that is 15 days after the date on which relevant Federal departments and agencies,
of State, to procure munitions identified as the Secretary notifies the congressional de- shall submit a classified report to the appro-
having a high use rate during the war in fense committees in writing of the proposed priate congressional committees that con-
Ukraine. transfer. tains the results of the feasibility study re-
(d) DEPOSITS.— (f) LIMITATIONS.— quired under subsection (a), including an as-
(1) IN GENERAL.—The Fund shall consist of (1) LIMITATION ON TRANSFER.—No munition sessment of the extent to which—
each of the following: acquired by the Secretary of Defense using (1) opportunities exist for the United
(A) Collections from sales made under let- amounts made available from the Fund pur- States to support the training of
ters of offer (or transfers made under the suant to this section may be transferred to Somaliland’s security sector actors with a
Foreign Assistance Act of 1961 (22 U.S.C. 2151 any foreign country unless such transfer is specific focus on counterterrorism and bor-
et seq.)) of munitions acquired using authorized by the Arms Export Control Act der and maritime security;
amounts made available from the Fund pur- (22 U.S.C. 2751 et seq.), the Foreign Assist- (2) Somaliland’s security forces were impli-
suant to this section, representing the value ance Act of 1961 (22 U.S.C. 2151 et seq.), or cated, if any, in gross violations of human
of such items calculated, as applicable, in ac- other applicable law, except as follows: rights during the 3-year period immediately
cordance with— (A) The Secretary of Defense, with the con- preceding the date of the enactment of this
(i) subparagraph (B) or (C) of section currence of the Secretary of State, may au- Act;
21(a)(1) of the Arms Export Control Act (22 thorize the use by the Department of Defense (3) the United States has provided or dis-
U.S.C. 2761(a)(1); of munitions acquired under this section cussed with officials of Somaliland the provi-
(ii) section 22 of the Arms Export Control prior to transfer to a foreign country, if such sion of training to security forces, includ-
Act (22 U.S.C. 2762); or use is necessary to meet national defense re- ing—
(iii) section 644(m) of the Foreign Assist- quirements and the Department bear the (A) where such training has occurred;
ance Act of 1961 (22 U.S.C. 2403). costs of replacement and transport, mainte- (B) the extent to which Somaliland secu-
(B) Such amounts as may be appropriated nance, storage, and other such associated rity forces have demonstrated the ability to
pursuant to the authorization under this sec- costs of such munitions. absorb previous training; and
tion or otherwise made available for the pur- (B) Except as required by subparagraph (C) the ability of Somaliland security
poses of the Fund. (A), amounts made available to the Fund forces to maintain and appropriately utilize
(C) Not more than $500,000,000 may be may be used to pay for storage, mainte- such training, as applicable;
transferred to the Fund for any fiscal year, nance, and other costs related to the storage, (4) a United States diplomatic and security
in accordance with subsection (e), from preservation and preparation for transfer of engagement partnership with Somaliland
amounts authorized to be appropriated by munitions acquired under this section prior would have a strategic impact, including by
this Act for the Department in such amounts to their transfer, and the administrative protecting the United States and allied mari-
as the Secretary determines necessary to costs of the Department of Defense incurred time interests in the Bab-el-Mandeb Strait
carry out the purposes of this section, which in the acquisition of such items, to the ex- and at Somaliland’s Port of Berbera;
shall remain available until expended. The tent such costs are not eligible for reim- (5) Somaliland could—
transfer authority provided by this para- bursement pursuant to section 43(b) of the (A) serve as a maritime gateway in East
graph is in addition to any other transfer au- Arms Export Control Act (22 U.S.C. 2792(b)). Africa for the United States and its allies;
thority available to the Secretary. (2) CERTIFICATION REQUIREMENT.— and
(2) CONTRIBUTIONS FROM FOREIGN GOVERN- (A) IN GENERAL.—No amounts in the Fund (B) counter Iran’s presence in the Gulf of
MENTS.— may be used pursuant to this section unless Aden and China’s growing regional military
(A) IN GENERAL.—Subject to subparagraph the President— presence;
(B), the Secretary of Defense may accept (i) certifies to the congressional defense (6) a United States security and defense
contributions of amounts to the Fund from committees, the Committee on Foreign Af- partnership could—
any foreign government or international or- fairs of the House of Representatives, and (A) bolster cooperation between
rfrederick on DSKB3L4F33PROD with HOUSE
ganization. Any amounts so accepted shall the Committee on Foreign Relations of the Somaliland and Taiwan;
be credited to the Ukraine Critical Muni- Senate that the Special Defense Acquisition (B) stabilize this semi-autonomous region
tions Acquisition Fund and shall be available Fund established pursuant to chapter 5 of of Somalia further as a democratic counter-
for use as authorized under subsection (b). the Arms Export Control Act (22 U.S.C. 2795 weight to anti-democratic forces in the
(B) LIMITATION.—The Secretary may not et seq.) cannot be used to fulfill the same greater Horn of Africa region; and
accept a contribution under this paragraph if functions and objectives for which such (C) impact the capacity of the United
the acceptance of the contribution would amounts to be made available from the Fund States to achieve policy objectives in Soma-
compromise, or appear to compromise, the are to be used; and lia, particularly to degrade and ultimately
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6349
defeat the terrorist threat posed by Al- AMENDMENT NO. 330 OFFERED BY MR. SOTO OF SEC. ll. REPORT ON WAIVERS UNDER SECTION
Shabaab, the Islamic State in Somalia (the FLORIDA 907 OF THE FREEDOM FOR RUSSIA
AND EMERGING EURASIAN DEMOC-
Somalia-based Islamic State affiliate), and Page 661, line 19, insert ‘‘or where there are RACIES AND OPEN MARKETS SUP-
other terrorist groups operating in Somalia; significant space launch or mission control PORT ACT OF 1992.
and facilities’’ after ‘‘operates’’. (a) REPORT REQUIRED.—Not later than 180
(7) the extent to which an improved rela- Page 662, line 7, insert ‘‘or where there are days after the date of the enactment of this
tionship with Somaliland could— significant space launch or mission control Act, the Secretary of State, in coordination
(A) support United States policy focused facilities’’ after ‘‘operates’’. with the Secretary of Defense, shall submit a
on the Red Sea corridor, the Indo-Pacific re- report to the appropriate congressional com-
gion, and the Horn of Africa; AMENDMENT NO. 331 OFFERED BY MR. SOTO OF
mittees on United States security assistance
(B) improve cooperation on counterter- FLORIDA
provided to the Government of Azerbaijan
rorism and intelligence sharing; Page 940, line 24, insert ‘‘and expand’’ be- pursuant to a waiver under section 907 of the
(C) enable cooperation on counter-traf- fore the semicolon. FREEDOM Support Act (22 U.S.C. 5812 note).
ficking, including the trafficking of humans, AMENDMENT NO. 332 OFFERED BY MR. SOTO OF (b) ELEMENTS.—The report under sub-
wildlife, weapons, and illicit goods; and FLORIDA section (a) shall address the following:
(D) support trade and development, includ- (1) Documentation of the Department of
ing how Somaliland could benefit from Pros- Page 622, line 17, insert ‘‘distributed ledger State’s consideration of all section 907 waiv-
per Africa and other regional trade initia- technologies,’’ after ‘‘machine learning,’’. er requirements during the 5-year period
tives. AMENDMENT NO. 333 OFFERED BY MR. SOTO OF ending on the date of the enactment of this
(c) APPROPRIATE CONGRESSIONAL COMMIT- FLORIDA Act.
TEES DEFINED.—In subsection (b), the term Page 138, after line 22, insert the following: (2) Further program-level detail and end-
‘‘appropriate congressional committees’’ (9) Distributed leger technologies. use monitoring reports of security assistance
means— provided to the Government of Azerbaijan
AMENDMENT NO. 334 OFFERED BY MR. SOTO OF under a section 907 waiver during such 5-year
(1) the Committee on Foreign Affairs and
FLORIDA period.
the Committee on Armed Services of the
House of Representatives; and Page 328, line 12, insert ‘‘(including artifi- (3) The impact of United States security
(2) the Committee on Foreign Relations cial intelligence)’’ after ‘‘new technologies’’. assistance provided to Azerbaijan on the ne-
and the Committee on Armed Services of the AMENDMENT NO. 335 OFFERED BY MS. gotiation of a peaceful settlement between
Senate. SPANBERGER OF VIRGINIA Armenia and Azerbaijan over all disputed re-
gions during such 5-year period.
AMENDMENT NO. 328 OFFERED BY MR. SMITH OF At the appropriate place in subtitle D of (4) The impact of United States security
NEW JERSEY title XII, insert the following: assistance provided to Azerbaijan on the
Add at the end of subtitle C of title VII of SEC. ll. REPORT FROM COUNCIL OF THE IN- military balance between Azerbaijan and Ar-
division A the following: SPECTORS GENERAL ON UKRAINE. menia during such 5-year period.
SEC. 7ll. KYLE MULLEN NAVAL SAFETY EN- Not later than September 1, 2024, the (5) An assessment of Azerbaijan’s use of of-
HANCEMENTS. Chairperson of the Council of the Inspectors fensive force against Armenia or violations
The Secretary of Defense, or his designee General on Integrity and Efficiency shall of Armenian sovereign territory from No-
to Naval Special Warfare Command, shall submit to the congressional defense commit- vember 11, 2020, to the date of the enactment
conduct an appraisal of and provide rec- tees, the Committee on Foreign Affairs of of this Act.
ommended policies for improved medical the House of Representatives, and the Com- (c) BRIEFING.—The Secretary of State, in
care and oversight of individuals in the Navy mittee on Foreign Relations of the Senate a coordination with the Secretary of Defense,
engaged in high-stress training environ- report on the oversight infrastructure estab- shall brief the appropriate congressional
ments, in an effort to ensure sailor safety lished with respect to United States assist- committees not later than 180 days after the
and prevent related long-term injury, illness, ance to Ukraine, that also includes the fol- date of the enactment of this Act on the con-
and death. The Secretary of the Navy shall lowing: tents of the report required under subsection
ensure that such recommended polices are (1) the structure the Federal Government (a).
is currently using or plans to adopt (includ- (d) APPROPRIATE CONGRESSIONAL COMMIT-
implemented to the full extent practicable
TEES.—In this section, the term ‘‘appropriate
and in a timely manner. ing the specific agencies charged) to oversee
the expenditure of assistance to Ukraine; congressional committees’’ means—
AMENDMENT NO. 329 OFFERED BY MR. SMITH OF (1) the Committee on Armed Services and
NEW JERSEY
(2) whether that oversight structure is best
the Committee on Foreign Affairs of the
suited to conduct such oversight;
At the end of subtitle F of title X, insert House of Representatives; and
(3) whether there are any gaps in oversight
the following: (2) the Committee on Armed Services and
over the expenditure of funds for assistance
SEC. 10ll. REVIEW OF NAVY STUDY ON RE- the Committee on Foreign Relations of the
to Ukraine;
QUIREMENTS FOR AND POTENTIAL Senate.
(4) whether the agencies identified pursu-
BENEFITS OF REALISTICALLY SIMU-
ant to paragraph (1) are positioned to be able AMENDMENT NO. 338 OFFERED BY MR. STAUBER
LATING REAL WORLD AND NEAR OF MINNESOTA
PEER ADVERSARY SUBMARINES. to accurately oversee and track United
States assistance to Ukraine over the long At the end of subtitle C of title X, insert
The Secretary of the Navy shall conduct a the following:
term; and
review of the study conducted by the Chief of SEC. 10ll. AWARD OF CONTRACTS FOR SHIP RE-
(5) the lessons learned from the manner in
Naval Operations, N94 entitled ‘‘Require- PAIR WORK TO NON-HOMEPORT
which oversight over expenditures of assist-
ments for and Potential Benefits of Realisti- SHIPYARDS TO MEET SURGE CAPAC-
ance to Ukraine has been conducted. ITY.
cally Simulating Real World and Near Peer
Adversary Submarines’’, published November AMENDMENT NO. 336 OFFERED BY MS. SPEIER OF Section 8669a of title 10, United States
1, 2021, to determine compliance with con- CALIFORNIA Code, is amended by adding at the end the
gressional intent and reconcile the findings After section 523, insert the following and following new subsection:
of the study with instructions provided by renumber subsequent sections accordingly: ‘‘(d) In order to meet surge capacity, the
Congress through the conference report 116- Secretary of the Navy may solicit proposals
SEC. 524. BRIEFING AND REPORT ON ADMINIS-
617 accompanying H.R. 6395, the William M. TRATIVE SEPARATION BOARDS.
from, and award contracts for ship repair to,
(Mac) Thornberry National Defense Author- non-homeport shipyards that otherwise meet
Subsection (c) of section 529B of the Na- the requirements of the Navy for ship repair
ization Act for Fiscal Year 2021 (Public Law tional Defense Authorization Act for Fiscal
116–283). Such review shall include an adden- work.’’.
Year 2022 (Public Law 117–81) is amended to
dum that includes— AMENDMENT NO. 339 OFFERED BY MRS. STEEL OF
read as follows:
(1) views from Navy commands responsible CALIFORNIA
‘‘(c) BRIEFING; REPORT.—The Comptroller
for responding to foreign threats from adver- General shall submit to the Committees on Add at the end of subtitle E of title VIII
sary manned, diesel-powered submarines in- the following new section:
Armed Services of the Senate and House of
cluding the Navy’s Fifth and Seventh Fleets, Representatives— SEC. 859. PROHIBITION ON THE USE OF LOGINK.
including views on the ability to conduct ‘‘(1) a briefing on preliminary results of the (a) PROHIBITION.—
threat assessments related to submersibles study conducted under subsection (a) not (1) IN GENERAL.—The Secretary of Defense,
operated by third world and near-peer adver- later than December 27, 2022; and each Secretary of a military department,
rfrederick on DSKB3L4F33PROD with HOUSE
saries in the areas of operations of such com- ‘‘(2) a report on the final results of the and a defense contractor may not use
mands; and study conducted under subsection (a) not LOGINK.
(2) input from relevant training schools later than May 31, 2023.’’. (2) APPLICABILITY.—With respect to defense
and range operators associated with antisub- contractors, the prohibition in subsection (a)
marine warfare regarding current training AMENDMENT NO. 337 OFFERED BY MS. SPEIER OF shall apply—
platforms intended to replicate such threats CALIFORNIA (A) with respect to any contract of the De-
and the effectiveness of such training plat- At the appropriate place in title LVIII, in- partment of Defense entered into on or after
forms. sert the following: the date of the enactment of this section;
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H6350 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(B) with respect to the use of LOGINK in (c) CONTENTS.—The report required by sub- Iranian arms proliferation and combat the
the performance of such contract. section (b) shall include the following: supply, sale, or transfer of weapons to or
(b) CONTRACTING PROHIBITION.— (1) An assessment of the extent to which from Iran.
(1) IN GENERAL.—The Secretary of Defense the existing National Defense Stockpile in-
AMENDMENT NO. 344 OFFERED BY MS. TENNEY OF
and each Secretary of a military department ventory would guarantee supply of rare
NEW YORK
may not enter into any contract with an en- earth permanent magnets to major defense
tity that uses LOGINK and shall prohibit the acquisition programs included in the future At the end of subtitle C of title XII, add
use of LOGINK in any contract entered into years defense program. the following:
by the Department of Defense. (2) A description of the assumptions under- SEC. 12ll. REPORT ON ISLAMIC REVOLU-
(2) DEFENSE CONTRACTOR.—With respect to lying the quantities of rare earth permanent TIONARY GUARD CORPS-AFFILIATED
any contract of the Department of Defense, a magnet block identified for potential acqui- OPERATIVES ABROAD.
defense contractor may not enter into a sub- sition in the most recent National Defense Not later than 180 days after the date of
contract with an entity that uses LOGINK. Stockpile Annual Operations and Planning the enactment of this Act, the Secretary of
(3) APPLICABILITY.—This subsection applies Report. State, in consultation with the Secretary of
with respect to any contract entered into on (3) An evaluation of factors that would af- Defense, shall submit to the Committees on
or after the date of the enactment of this fect shortfall estimates with respect to rare Armed Services of the House of Representa-
section. earth magnet block in the National Defense tives and the Senate, the Committee on For-
(c) LOGINK DEFINED.—In this section, the Stockpile inventory.
term ‘‘LOGINK’’ means the public, open, eign Affairs of the House of Representatives,
(4) A description of the impact on and re- and the Committee on Foreign Relations of
shared logistics information network known quirements for domestic industry stake-
as the National Public Information Platform the Senate a report that includes a detailed
holders, including Department of Defense description of—
for Transportation & Logistics by the Min- contractors.
istry of Transport of China. (1) all Islamic Revolutionary Guard Corps-
(5) An analysis of challenges related to the affiliated operatives serving in diplomatic
AMENDMENT NO. 340 OFFERED BY MS. domestic manufacturing of rare earth per- and consular posts abroad; and
STRICKLAND OF WASHINGTON manent magnets. (2) the ways in which the Department of
At the end of subtitle H of title V, insert (6) An assessment of the extent to which State and the Department of Defense are
the following: Department of Defense programs and sys- working with partner nations to inform
SECTION 5ll. FEASIBILITY OF INCLUSION OF tems rely on rare earth permanent magnets them of the threat posed by Islamic Revolu-
AU PAIRS IN PILOT PROGRAM TO manufactured by an entity under the juris- tionary Guard Corps-affiliated officials serv-
PROVIDE FINANCIAL ASSISTANCE diction of a covered strategic competitor.
TO MEMBERS OF THE ARMED ing in diplomatic and consular roles in third
(7) Identification of additional funding, au- party countries.
FORCES FOR IN-HOME CHILD CARE.
thorities, and policies necessary to advance
(a) SENSE OF CONGRESS.—It is the sense of the policy described in subsection (a). AMENDMENT NO. 345 OFFERED BY MS. TENNEY OF
Congress that members of the Armed Forces (d) FORM.—The report required by sub- NEW YORK
who participate in the au pair exchange vis- section (b) shall be submitted in unclassified
itor program should be eligible for assistance At the end of subtitle F of title X, add the
form, but may include a classified annex. following new section:
under the pilot program of the Department (e) DEFINITIONS.—In this section:
of Defense to provide financial assistance to (1) The term ‘‘congressional defense com- SEC. 10ll. REPORT ON UNMANNED TRAFFIC
members of the Armed Forces for in-home mittees’’ means the Committee on Armed MANAGEMENT SYSTEMS AT MILI-
child care. TARY BASES AND INSTALLATIONS.
Services of the Senate and the Committee on
(b) FEASIBILITY ASSESSMENT.—Not later Armed Services of the House of Representa- (a) IN GENERAL.—Not later than 180 days
than one year after the date of the enact- tives. after the date of the enactment of this Act,
ment of this Act, the Secretary of Defense, (2) The term ‘‘covered strategic compet- the Secretary of Defense shall submit to the
in coordination with the Secretary of State, itor’’ means a near-peer country identified appropriate congressional committees a re-
shall submit to the appropriate congres- by the Secretary of Defense and National De- port that includes—
sional committees a report containing the fense Strategy. (1) a detailed description of the threat of
assessment of the Secretary of Defense of the aerial drones and unmanned aircraft to
AMENDMENT NO. 342 OFFERED BY MR. TAKANO OF
feasibility, advisability, and considerations United States national security; and
CALIFORNIA
of expanding eligibility for the pilot program (2) an assessment of the unmanned traffic
under section 589 of the William M. (Mac) Add at the end of subtitle B of title XIV
the following: management systems of every military base
Thornberry National Defense Authorization and installation (within and outside the
Act for Fiscal Year 2021 (Public Law 116–283; SEC. 14ll. STUDY ON STOCKPILING ENERGY
STORAGE COMPONENTS. United States) to determine whether the
10 U.S.C. 1791 note) to members of the Armed base or installation is adequately equipped
Not later than 360 days after the date of
Forces who participate in an exchange vis- to detect, disable, and disarm hostile or un-
the enactment of this Act, the Comptroller
itor program under section 62.31 of title 22, identified unmanned aerial systems.
General of the United States shall submit to
Code of Federal Regulations, or successor (b) APPROPRIATE CONGRESSIONAL COMMIT-
Congress a study on the viability of estab-
regulation. TEES DEFINED.—In this section, the term
(c) APPROPRIATE CONGRESSIONAL COMMIT- lishing a stockpile of the materials required
to manufacture batteries, battery cells, and ‘‘appropriate congressional committees’’
TEES DEFINED.—The term ‘‘appropriate con-
other energy storage components to meet means the following:
gressional committees’’ means:
national security requirements in the event (1) The Committee on Armed Services, the
(1) The Committees on Armed Services of
of a national emergency (as defined in sec- Committee on Commerce, Science, and
the Senate and House of Representatives.
tion 12 of the Strategic and Critical Mate- Transportation, and the Committee on For-
(2) The Committee on Foreign Affairs of
rials Stock Piling Act (50 U.S.C. 98h-3)). eign Relations of the Senate.
the House of Representatives.
AMENDMENT NO. 343 OFFERED BY MS. TENNEY OF (2) The Committee on Armed Services, the
(3) The Committee on Foreign Relations of
NEW YORK Committee on Foreign Affairs, and the Com-
the Senate.
At the end of subtitle C of title XII, add mittee on Transportation and Infrastructure
AMENDMENT NO. 341 OFFERED BY MR. SWALWELL
the following: of the House of Representatives.
OF CALIFORNIA
At the end of subtitle B of title XIV of di- SEC. 12ll. REPORT ON THE U.N. ARMS EMBAR- AMENDMENT NO. 346 OFFERED BY MR. THOMPSON
GO ON IRAN. OF PENNSYLVANIA
vision A, add the following:
Not later than 180 days after the date of
SEC. 1415. REPORT ON FEASIBILITY OF INCREAS- At the end of subtitle F of title X, insert
ING QUANTITIES OF RARE EARTH the enactment of this Act, the Secretary of
State, in consultation with the Secretary of the following new section:
PERMANENT MAGNETS IN NATIONAL
DEFENSE STOCKPILE. Defense, shall submit to the Committees on SEC. 10ll. REPORT ON NON-DOMESTIC FUEL
(a) STATEMENT OF POLICY.—It is the policy Armed Services of the House of Representa- USE.
of the United States to build a stockpile of tives and the Senate, the Committee on For- Not later than 60 days after the date of the
rare earth permanent magnets to meet re- eign Affairs of the House of Representatives, enactment of this Act, the Secretary of De-
quirements for Department of Defense pro- and the Committee on Foreign Relations of fense shall submit to the congressional de-
grams and systems while reducing depend- the Senate a report that includes a detailed fense committees a report on the total dollar
ence on foreign countries for such magnets. description of— amount the Department of Defense spent on
rfrederick on DSKB3L4F33PROD with HOUSE
(b) REPORT.—Not later than 90 days after (1) an assessment of the U.N. arms embar- fuel from non-domestic sources during the
the date of the enactment of this Act, the go on Iran on its effectiveness in con- period beginning on January 1, 2021, and end-
Secretary of Defense shall submit to the con- straining Iran’s ability to supply, sell, or ing on the date of the enactment of this Act.
gressional defense committees a report on transfer, directly or indirectly, arms or re-
AMENDMENT NO. 347 OFFERED BY MR. THOMPSON
the feasibility of increasing the quantity of lated materiel, including spare parts, when it
OF PENNSYLVANIA
rare earth permanent magnets in the Na- was in place; and
tional Defense Stockpile to support United (2) the measures that the Departments of At the end of subtitle C of title VII, insert
States defense requirements. State and Defense are taking to constrain the following new section:
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6351
SEC. 7ll. REPORT ON OPERATIONAL AND PHYS- ‘‘(4) sets forth steps the United States has AMENDMENT NO. 351 OFFERED BY MS. TITUS OF
ICAL AND MENTAL HEALTH EF- taken to bolster its production or secure sup- NEVADA
FECTS OF LOW RECRUITMENT AND
ply of palladium or other compounds and ele- At the appropriate place in subtitle H of
RETENTION TO ARMED FORCES.
ments listed in paragraph (1)(A); title V, insert the following new section:
The Secretary of Defense shall submit to
‘‘(5) lists any other important elements, SEC. 5ll REPORT ON THE EFFECTS OF THE
the congressional defense committees a re-
compounds, or products in the semicon- SHORTAGE OF INFANT FORMULA ON
port on the current operational tempo re- THE FAMILIES OF MEMBERS OF THE
ductor supply chain that have been affected
sulting from low recruitment to and reten- ARMED FORCES.
by Russia’s illegal attack on Ukraine; and
tion in the Armed Forces and the resulting The Secretary of Defense shall submit to
‘‘(6) recommends any potential legislative
effects on the physical and mental health of the congressional defense committees a re-
steps that could be taken by Congress to fur-
members of the Armed Forces. port on the extent to which families of mem-
ther bolster the supply of elements, com-
AMENDMENT NO. 348 OFFERED BY MR. THOMPSON bers of the Armed Forces—
pounds, or products for the semiconductor
OF PENNSYLVANIA (1) have access to infant formula; and
supply chain that have been curtailed as a
At the end of subtitle H of title V, insert result of Russia’s actions. (2) have been affected by any shortage of
the following new section: ‘‘(b) COMMITTEES LISTED.—The committees infant formula available for consumer pur-
SEC. 5ll REPORT ON THE EFFECTS OF ECO- listed in this subsection are— chase from January 1, 2022, through the date
NOMIC INFLATION ON FAMILIES OF of the enactment of this Act.
MEMBERS OF THE ARMED FORCES.
‘‘(1) the Committee on Foreign Affairs, the
Committee on Armed Services, and the Com- AMENDMENT NO. 352 OFFERED BY MS. TITUS OF
The Secretary of Defense shall submit to NEVADA
the congressional defense committees a re- mittee on Energy and Commerce of the
House of Representatives; and At the end of subtitle G of title III, insert
port on the extent to which economic infla-
‘‘(2) the Committee on Foreign Relations, the following new section:
tion has affected families of members of the
Armed Forces. the Committee on Armed Services, and the SEC. 3ll. REPORTS RELATING TO AQUEOUS
Committee on Commerce, Science, and FILM-FORMING FOAM SUBSTITUTES
AMENDMENT NO. 349 OFFERED BY MS. TITUS OF AND PFAS CONTAMINATION AT CER-
Transportation of the Senate.
NEVADA TAIN INSTALLATIONS.
‘‘(c) ANNUAL REPORT ON POTENTIAL FUTURE
At the appropriate place in title LVIII, in- (a) REPORT ON PROGRESS TOWARDS AFFF
SHOCKS TO SEMICONDUCTOR SUPPLY CHAINS.—
sert the following: SUBSTITUTES.—Not later than one year after
‘‘(1) IN GENERAL.—Not later than 180 days
SEC. lll. AMENDMENTS TO THE UKRAINE the date of the enactment of this Act, the
after the date of the enactment of this sec-
FREEDOM SUPPORT ACT OF 2014. Under Secretary of Defense for Acquisition
tion, and annually thereafter for 5 years, the
The Ukraine Freedom Support Act of 2014 and Sustainment shall submit to the con-
(22 U.S.C. 8921 et seq.) is amended— Secretary of State shall submit to the Com- gressional defense committees a report on
(1) by redesignating section 11 as section mittee on Foreign Affairs of the House of the progress made towards, and the status of
13; and Representatives and the Committee on For- any certification efforts relating to, the re-
(2) by inserting after section 10 the fol- eign Relations of the Senate a report of the placement of fluorinated aqueous film-form-
lowing new sections: interagency working group that— ing foam with a fluorine-free fire-fighting
‘‘(A) outlines and plans for the most likely agent, as required under section 322 of the
‘‘SEC. 11. WORKING GROUP ON SEMICONDUCTOR
SUPPLY DISRUPTIONS. future geopolitical developments that could National Defense Authorization Act for Fis-
‘‘(a) IN GENERAL.—Not later than 30 days severely disrupt global semiconductor supply cal Year 2020 (Public Law 116–92; 133 Stat.
after the date of the enactment of this sec- chains in ways that could harm the national 1307; 10 USC 2661 note prec.).
tion, the President shall establish an inter- security or economic interests of the United (b) REPORT ON NON-AFFF PFAS CONTAMI-
agency working group to address semicon- States; NATION AT CERTAIN MILITARY INSTALLA-
ductor supply chain issues caused by Rus- ‘‘(B) forecasts the various potential im- TIONS.—Not later than one year after the
sia’s illegal and unprovoked attack on pacts on the global supply chain for semi- date of the enactment of this Act, the Under
Ukraine. conductors, and products that use semi- Secretary of Defense for Acquisition and
‘‘(b) MEMBERSHIP.—The interagency work- conductors, from the developments outlined Sustainment shall submit to the congres-
ing group established pursuant to subsection pursuant to subparagraph (A), as well as the sional defense committees a report on known
(a) shall be comprised of the head, or des- following contingencies— or suspected contamination on or around
ignee of the head, of each of the following: ‘‘(i) an invasion of Taiwan or geopolitical military installations located in the United
‘‘(1) The Department of State. instability or conflict in East Asia; States resulting from the release of any
‘‘(2) The Department of Defense. ‘‘(ii) a broader war or geopolitical insta- perfluoroalkyl substance or polyfluoroalkyl
‘‘(3) The Department of Commerce. bility in Europe; substance originating from a source other
‘‘(4) The Department of the Treasury. ‘‘(iii) strategic competitors dominating than aqueous film-forming foam.
‘‘(5) The Office of the United States Trade parts of the supply chain and leveraging that AMENDMENT NO. 353 OFFERED BY MS. TITUS OF
Representative. dominance coercively; NEVADA
‘‘(6) The Department of Interior. ‘‘(iv) a future international health crisis;
At the end of title XVII, insert the fol-
‘‘(7) The Department of Energy. and
lowing:
‘‘(8) The Department of Homeland Secu- ‘‘(v) natural disasters or shortages of nat-
SEC. 17ll. QUARTERLY BRIEFINGS ON REPLEN-
rity. ural resources and raw materials;
ISHMENT AND REVITALIZATION OF
‘‘(9) The Department of Labor. ‘‘(C) describes the kind of continency plans STOCKS OF DEFENSIVE AND OFFEN-
‘‘(10) Any other Federal department or that would be needed for the safe evacuation SIVE WEAPONS PROVIDED TO
agency the President determines appro- of individuals with deep scientific and tech- UKRAINE.
priate. nical knowledge of semiconductors and their (a) QUARTERLY BRIEFINGS.—The Secretary
‘‘(c) CHAIR.—The Secretary of State shall supply chain from areas under risk from con- of Defense shall provide to the congressional
serve as the chair of the working group es- flict or natural disaster; and defense committees quarterly briefings, in
tablished pursuant to subsection (a). ‘‘(D) evaluates the current technical and accordance with subsection (b), on the
‘‘SEC. 12. REPORTS ON SEMICONDUCTOR SUPPLY supply chain work force expertise within the progress of the Department of Defense to-
CHAIN DISRUPTIONS. Federal government to carry out these as- ward replenishing and sustaining the produc-
‘‘(a) REPORT ON IMPACT OF RUSSIA’S INVA- sessments.’’. tion capacity and stocks of covered weapons
SION OF UKRAINE.—Not later than 60 days that have been delivered to Ukraine as part
AMENDMENT NO. 350 OFFERED BY MS. TITUS OF
after the date of the enactment of this sec- NEVADA of the effort to—
tion, the Secretary of State shall submit to (1) support Ukraine’s resistance against
the committees listed in subsection (b) a re- At the end of subtitle C of title VII, insert Russian aggression; and
port of the interagency working group that— the following new section: (2) buy down strategic risks.
‘‘(1) reviews and analyzes— SEC. 7ll. REPORT ON MATERNAL MORTALITY (b) ELEMENTS OF BRIEFINGS.—
‘‘(A) the impact of Russia’s unprovoked at- RATES OF FEMALE MEMBERS OF (1) BRIEFINGS ON US WEAPONS.—The Sec-
tack on Ukraine on the supply of palladium, THE ARMED FORCES. retary of Defense shall provide to the con-
neon gas, helium, and hexafluorobutadiene Not later than one year after the date of gressional defense committees quarterly
(C4F6); and the enactment of this Act, the Secretary of briefings that include each of the following:
‘‘(B) the impact, if any, on supply chains Defense shall submit to the congressional de- (A) A timeline and budgetary estimate for
and the global economy; fense committees a report on how maternal developing and procuring replacement stocks
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‘‘(2) recounts diplomatic efforts by the mortality rates may disproportionately af- of covered weapons for the United States.
United States to work with other countries fect female members of the Armed Forces (as (B) An identification of any opportunities
that mine, synthesize, or purify palladium, compared with female civilians). Such report to allow vendors to compete for agreements
neon gas, helium, or hexafluorobutadiene shall include an identification of any rel- to produce next-generation weapons.
(C4F6); evant barriers to the access of health care (C) An analysis of risks within the indus-
‘‘(3) quantifies the actions resulting from for such female members and any rec- trial base that provides support for covered
these efforts to diversify sources of supply of ommendations by the Secretary to improve weapons, and detailed options to mitigate
these items; such access and reduce such rates. those risks.
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H6352 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(D) A discussion of options to maximize (4) examines other potential actions that (1) IN GENERAL.—The Secretary of Defense,
competition among providers of covered arise during the course of the program that in consultation with the Secretaries of the
weapons and components thereof, and an the Department could take to further pro- military departments, shall develop and im-
identification of any gaps in legal authority tect the safety of program participants and plement uniform standards applicable to the
to pursue and achieve the objectives of maxi- eligible individuals, as the Secretary deter- military criminal investigative organiza-
mizing competition and replenishing and mines appropriate. tions of the Department of Defense that—
sustaining the production capacity of cov- AMENDMENT NO. 357 OFFERED BY MS. TLAIB OF (A) establish processes and procedures for
ered weapons. MICHIGAN the handling of cold cases;
(E) An update on the use of the authorities (B) specify the circumstances under which
At the end of subtitle G of title XXVIII, in-
of the Department of Defense to replenish a case overseen by such an organization shall
sert the following:
and sustain the production capacity and be referred to the Inspector General of the
SEC. 28ll. REPORTING ON LEAD SERVICE LINES
stocks of covered weapons referred to in sub- Department of Defense for review; and
AND LEAD PLUMBING.
section (a). (C) establish procedures to ensure that, in
(a) INITIAL REPORT.—Not later than one
(2) BRIEFING ON WEAPONS OF ALLIES AND the event an investigator transfers out of
year after the date of the enactment of this
PARTNERS.—The Secretary of Defense shall such an organization or otherwise ceases to
Act, the Under Secretary of Defense for Ac-
provide to the congressional defense commit- be an investigator, the cases overseen by
quisition and Sustainment shall submit to
tees, the Committee on Foreign Affairs of such investigator are transferred to a new
the congressional defense committees a re-
the House of Representatives, and the Com- investigator within the organization.
port that includes—
mittee on Foreign Relations of the Senate a (2) REPORT.—Not later than 90 days after
(1) a description of the state of lead service
briefing on the plan to use authorities for— the date of the enactment of this Act the
lines and lead plumbing on military installa-
(A) developing and procuring replacement Secretary of Defense shall submit to Con-
tions, military housing, and privatized mili-
stocks of covered weapons for allies and gress a report on the standards developed
tary housing;
partners of the United States; and under paragraph (1).
(2) an evaluation of whether military in-
(B) advancing the replenishment of weap- (3) IMPLEMENTATION.—Following the sub-
stallations, military housing, and privatized
ons for such allies and partners that have mittal of the report under paragraph (2), but
military housing are in compliance with the
provided, or are contemplating providing, not later than 120 days after the date of the
standards established in the Lead and Copper
such weapons to Ukraine. enactment of this Act, the Secretary of De-
rule and, if not, an identification of the areas
(c) COVERED WEAPON.—In this section, the fense shall implement the standards devel-
of non-compliance; and
term ‘‘covered weapon’’ means any weapon oped under paragraph (1).
(3) an identification of steps and resources (b) REPORT ESTABLISHMENT OF COLD CASE
other than a covered system, as that term is needed to remove remaining lead service
defined in section 1703(d). UNIT IN THE ARMY.—Not later than 120 days
lines and lead plumbing in military installa- after the date of the enactment of this Act,
(d) TERMINATION.—The requirement to pro- tions and housing.
vide quarterly briefings under subsection the Secretary of the Army shall submit to
(b) INCLUSION OF INFORMATION IN ANNUAL Congress a report on the feasibility of estab-
(b)(1) shall terminate on December 31, 2026. REPORT.—The Secretary shall include in the lishing a cold case unit in the Army Crimi-
AMENDMENT NO. 354 OFFERED BY MS. TITUS OF Defense Environmental Programs annual re- nal Investigation Division that is similar to
NEVADA port for each year after the year in which the cold case units operating within the
At the end of subtitle F of title X, insert the initial report is submitted information Naval Criminal Investigative Service and the
the following: on the compliance of Department of Defense Air Force Office of Special Investigations.
SEC. 10ll. REPORT ON HUMAN TRAFFICKING AS facilities and housing with the Lead and Cop- AMENDMENT NO. 361 OFFERED BY MR. TORRES OF
A RESULT OF RUSSIAN INVASION OF per Rule. NEW YORK
UKRAINE. AMENDMENT NO. 358 OFFERED BY MS. TLAIB OF At the end of subtitle G of title X, insert
The Secretary of Defense, in consultation MICHIGAN the following:
with the Secretary of State, shall submit to Page 1101, line 20, insert ‘‘and covered lead SEC. 10ll. LIMITATIONS ON SALE AND USE OF
the congressional defense committees, the exposure’’ after ‘‘conditions’’. PORTABLE HEATING DEVICES ON
Committee on Foreign Affairs of the House In section 2880 of the bill, in the matter MILITARY INSTALLATIONS.
of Representatives, and the Committee on proposed to be added as section 2895(c) of (a) PROHIBITION ON SALE OF UNSAFE PORT-
Foreign Relations of the Senate a report on title 10, United States Code, insert after ABLE HEATING DEVICES AT COMMISSARY
human trafficking as a result of the Russian paragraph (2) the following new paragraph STORES AND MWR RETAIL FACILITIES.—The
invasion of Ukraine. (and redesignate the subsequent paragraphs Secretary of Defense shall ensure that the
AMENDMENT NO. 355 OFFERED BY MS. TLAIB OF accordingly): following types of portable heating devices
MICHIGAN (3) The term ‘‘covered lead exposure’’ are not sold at a commissary store or MWR
Page 1067, line 9, strike ‘‘and’’. means lead exposure that is determined by retail facility:
Page 1067, line 10, strike the period and in- the Secretary of Defense to have resulted (1) Portable heating devices that do not
sert ‘‘; and’’. from residing in an unsafe housing unit. comply with applicable voluntary consumer
Page 1067, after line 10, insert the fol- AMENDMENT NO. 359 OFFERED BY MRS. TORRES
product safety standards.
lowing: OF CALIFORNIA
(2) Portable heating devices that do not
(D) submit an alert for potential major have an automatic shutoff function.
At the appropriate place in title LVIII, in- (b) EDUCATION FOR FAMILIES LIVING IN MILI-
health risks, such as the potential presence sert the following: TARY HOUSING.—The commander of a mili-
of lead paint, asbestos, mold, hazardous ma- SEC. ll. GAO STUDY ON END USE MONITORING. tary installation shall ensure that members
terials contaminated or unsafe drinking Not later than 1 year after the date of the of the Armed Forces assigned to that instal-
water, or serious safety issues, such as po- enactment of this Act, the Comptroller Gen- lation and living in military family housing,
tential problems with fire or carbon mon- eral of the United States shall submit the including military family housing acquired
oxide detection equipment. congressional defense committees, the Com- or constructed pursuant to subchapter IV of
Page 1067, after line 15, insert the fol- mittee on Foreign Affairs of the House of chapter 169 of title 10, United States Code,
lowing: Representatives, and the Committee on For- are provided with the recommendations of
(4) An educational feature to help users eign Relations of the Senate a review of the the Consumer Product Safety Commission
better identify potential environmental and implementation by the Department of De- for operating portable heating devices safely.
safety hazards like lead paint, asbestos, mold fense and the Department of State of end-use (c) DEFINITIONS.—In this section:
and unsafe water, and potentially non-func- monitoring, including— (1) The term ‘‘MWR retail facility’’ has the
tional fire or carbon monoxide detection (1) how well end-use monitoring deters meaning given that term in section 1063 of
equipment for the purposes of protecting misuse or unauthorized use of equipment; title 10, United States Code.
residents and submitting alerts described in (2) how the Departments identify per- (2) The term ‘‘portable heating device’’
paragraph (1)(D) for potential problems that sistent geographic areas of concern for closer means an electric heater that—
may need urgent professional attention. monitoring; and (A) is intended to stand unsupported (free-
AMENDMENT NO. 356 OFFERED BY MS. TLAIB OF (3) how the Departments identify trends, standing);
MICHIGAN learn from those trends, and implement best (B) can be moved from place to place with-
Page 311, line 7, strike ‘‘and’’ at the end. practices. in conditioned areas in a structure;
Page 311, line 9, strike the period at the AMENDMENT NO. 360 OFFERED BY MRS. TORRES (C) is connected to a nominal 120 VAC elec-
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end and insert a semicolon. OF CALIFORNIA tric supply through a cord and plug;
Page 311, after line 9, insert the following: (D) transfers heat by radiation, convection,
At the end of subtitle D of title V, add the
(3) takes into account voluntary feedback or both (either natural or forced); and
following new section:
from program recipients and relevant De- (E) is intended for residential use.
SEC. 5ll. STANDARDS AND REPORTS RELATING
partment staff, including direct testimonials TO CASES OVERSEEN BY MILITARY AMENDMENT NO. 362 OFFERED BY MR. TORRES OF
about their experiences with the program CRIMINAL INVESTIGATIVE ORGANI- NEW YORK
and ways in which they think it could be im- ZATIONS. At the end of subtitle G of title X, insert
proved; and (a) STANDARDS REQUIRED.— the following:
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6353
SEC. 10ll. TRAINING AND INFORMATION FOR port on potential national security applica- study to identify any monetary or govern-
FIRST RESPONDERS REGARDING tions for fusion energy technology. ment benefits obtained through a fraudulent
AID FOR VICTIMS OF TRAUMA-RE- (b) ELEMENTS.—The report under sub- misrepresentation about the receipt a mili-
LATED INJURIES.
section (a) shall include— tary decoration or medal as described by sec-
The Secretary of Defense shall ensure that (1) an evaluation of commercial fusion en- tion 704(c)(2) or 704(d) of title 18, United
the Department of Defense shares best prac- ergy technologies under development by pri- States Code.
tices with, and offers training to, State and vate sector companies in the United States (b) REPORT.—Not later than 180 days after
local first responders regarding how to most to determine if any such technologies have the date of the enactment of this Act, the
effectively aid victims who experience trau- potential national security applications; Secretary of Veterans Affairs shall report to
ma-related injuries. (2) consideration of commercial fusion en- Congress on the findings of the study con-
AMENDMENT NO. 363 OFFERED BY MR. TORRES OF ergy technologies— ducted under subsection (b) and policy rec-
NEW YORK (A) that have met relevant technical mile- ommendations to resolve issues identified in
At the appropriate place in subtitle E of stones: the study.
title XII, insert the following: (B) that are supported by substantial pri- AMENDMENT NO. 368 OFFERED BY MS. VAN
SEC. lll. REPORT ON IMPROVED DIPLOMATIC vate sector financing; DUYNE OF TEXAS
RELATIONS AND DEFENSE RELA- (C) that meet applicable requirements of At the end of subtitle G of title V, add the
TIONSHIP WITH ALBANIA. the Department of Defense; and following new section:
(a) APPROPRIATE CONGRESSIONAL COMMIT- (D) for which prototypes have been con- SEC. 579D. DEPARTMENT OF DEFENSE REPORT
TEES.—In this section, the term ‘‘appropriate structed; ON THIRD-PARTY JOB SEARCH
congressional committees’’ means— (3) a timeline for the potential implemen- TECHNOLOGY.
(1) the Committee on Foreign Relations tation of fusion energy in the Department; Not later than 180 days after the date of
and the Committee on Armed Services of the (4) a description of any major challenges to enactment of this Act, the Secretary of De-
Senate; and such implementation; and fense shall submit to Congress a report on
(2) the Committee on Foreign Affairs and (5) recommendations to the ensure the ef- potential partnership opportunities with
the Committee on Armed Services of the fectiveness of such implementation. companies that provide third-party job
House of Representatives. AMENDMENT NO. 366 OFFERED BY MR. TURNER OF search software to assist active duty service
(b) REPORT.—Not later than 180 days after OHIO members and veterans up to two years post-
the date of the enactment of this Act, the separation from the military find employ-
At the end of subtitle B of title III, insert
Secretary of Defense, jointly with the Sec- ment following their active duty service.
the following new section:
retary of State, shall submit to the appro- Such report shall include the potential use
SEC. 3ll. ADDITIONAL SPECIAL CONSIDER-
priate congressional committees an assess- and effectiveness of any such partnerships.
ATIONS FOR ENERGY PERFORM-
ment of the viability of military infrastruc- ANCE GOALS AND ENERGY PER- AMENDMENT NO. 369 OFFERED BY MRS. WAGNER
ture in Durrës, Albania, and Vlorë, Albania, FORMANCE MASTER PLAN. OF MISSOURI
as locations for cooperative security activi- (a) ADDITIONAL SPECIAL CONSIDERATIONS.—
ties, including NATO activities and exercises At the end of subtitle J of title V, insert
Section 2911(e) of title 10, United States the following:
that advance NATO and shared security ob- Code, is amended by adding at the end the
jectives and enhance interoperability. The SEC. 5ll. SENSE OF CONGRESS REGARDING
following new paragraphs: ULYSSES S. GRANT.
report shall also include a description of— ‘‘(14) The reliability and security of energy
(1) opportunities for the United States to It is the Sense of Congress that—
resources in the event of a military conflict. (1) the efforts and leadership of Ulysses S.
support training for Albania’s military ‘‘(15) The value of resourcing energy from
forces; Grant in defending the United States deserve
partners and allies of the United States.’’. honor;
(2) the current status of such training ac- (b) REPORT ON FEASIBILITY OF TERMINATING
tivities with Albania, including the level of (2) the military victories achieved under
ENERGY PROCUREMENT FROM FOREIGN ENTI- the command of Ulysses S. Grant were inte-
progress toward interoperability, absorption TIES OF CONCERN.—
of assistance, ability to sustain equipment gral to the preservation of the United States;
(1) IN GENERAL.—Not later than 180 days and
provided, and other relevant factors that en- after the date of the enactment of this Act,
hance Albania’s ability to contribute to (3) Ulysses S. Grant is among the most in-
the Assistant Secretary of Defense for Oper- fluential military commanders in the his-
NATO objectives and maritime security; and ational Energy Plans and Programs shall
(3) a cost estimate for any potential U.S. tory of the United States.
submit to the appropriate congressional
investments and activities. AMENDMENT NO. 370 OFFERED BY MR. WALTZ OF
committees a report on the feasibility and
FLORIDA
AMENDMENT NO. 364 OFFERED BY MRS. TRAHAN advisability of terminating energy procure-
OF MASSACHUSETTS ment by the Department of Defense from for- Page 441, line 8, strike ‘‘paragraph (4)’’ and
eign entities of concern. insert ‘‘subsection (d)’’.
At the end of subtitle B of title I, add the
following new section: (2) ELEMENTS.—The report under paragraph AMENDMENT NO. 371 OFFERED BY MR. WALTZ OF
(1) shall include the following: FLORIDA
SEC. 1ll. REPORT ON APPLICABILITY OF
DDG(X) ELECTRIC-DRIVE PROPUL- (A) An assessment of the reliance by the Page 864, after line 25, insert the following:
SION SYSTEM. Department of Defense on foreign entities of (8) Scandium.
Not later than 30 days after the date of the concern for the procurement of energy. AMENDMENT NO. 372 OFFERED BY MS.
enactment of this Act, the Secretary of the (B) An identification of the number of en- WASSERMAN SCHULTZ OF FLORIDA
Navy shall submit to the congressional de- ergy contracts in force between the Director At the end of subtitle H of title V, insert
fense committees a report that includes an of the Defense Logistics Agency and a for- the following:
analysis of— eign entity of concern or an entity SEC. 5ll. BRIEFING ON CHILD CARE AT CAMP
(1) the power and propulsion requirements headquartered in a country that is a foreign BULL SIMONS.
for the DDG(X) destroyer; entity of concern. Not later than 90 days after the date of the
(2) how such requirements compare to the (c) DEFINITIONS.—In this section: enactment of this Act, the Secretary of the
power and propulsion requirements for the (1) The term ‘‘appropriate congressional Army and the Secretary of the Air Force
DDG–1000 Zumwalt class destroyer and the committees’’ means— shall submit to the congressional defense
DDG–51 Arleigh Burke class destroyer, re- (A) the Committee on Armed Services and committees a joint briefing regarding the
spectively; the Committee on Energy and Commerce of provision of child care at Camp Bull Simons,
(3) the ability of the Navy to leverage ex- the House of Representatives; and Eglin Air Force Base. The briefing shall in-
isting investments in the electric-drive pro- (B) the Committee on Armed Services and clude the following elements:
pulsion system developed for the DDG(X) de- the Committee on Energy and Natural Re- (1) Risk mitigation measures that could
stroyer to reduce cost and risk; and sources of the Senate. allow the current proposed site to achieve
(4) the ability to design and manufacture (2) The term ‘‘foreign entity of concern’’ certification for child care.
components for such system in the United has the meaning given that term in section (2) Plans for alternative locations, includ-
States. 9901 of the William M. (Mac) Thornberry Na- ing acquiring land for a military child devel-
AMENDMENT NO. 365 OFFERED BY MRS. TRAHAN tional Defense Authorization Act for Fiscal opment center (as such term is defined in
OF MASSACHUSETTS Year 2021 (15 U.S.C. 4651). section 1800 of title 10, United States Code)
At the end of subtitle C of title II, add the AMENDMENT NO. 367 OFFERED BY MS. VAN in proximity to Camp Bull Simons.
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following new section: DUYNE OF TEXAS (3) An update on public-private partnership
SEC. 2ll. REPORT ON NATIONAL SECURITY AP- Page 387, after line 20, insert the following: agreements for child care that could allevi-
PLICATIONS FOR FUSION ENERGY SEC. 584. STUDY ON FRAUDULENT MISREPRESEN- ate the deficit in available child care at
TECHNOLOGY. TATION ABOUT RECEIPT OF A MILI- Camp Bull Simons.
(a) REPORT REQUIRED.—Not later than 180 TARY MEDAL OR DECORATION. (4) Current availability for child care, and
days after the date of the enactment of this (a) STUDY.—Not later than 90 days after related wait times, at military child develop-
Act, the Secretary of Defense shall submit to the date of the enactment of this Act, the ment centers on the main campus of Eglin
the congressional defense committees a re- Secretary of Veterans Affairs shall conduct a Air Force Base.
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H6354 CONGRESSIONAL RECORD — HOUSE July 13, 2022
AMENDMENT NO. 373 OFFERED BY MS. WEXTON ‘‘(B) Information on the findings of each (7) In 1970, Joseph Maxwell Cleland was
OF VIRGINIA review or assessment conducted by the Coun- elected to the Georgia Senate as the young-
Add at the end of title LVII of division E cil. est member and the only Vietnam veteran,
the following: ‘‘(C) An identification of any recommenda- where he served until 1975.
SEC. ll. STUDY AND REPORT ON RETURNSHIP tion of the Council relating to the preven- (8) As a Georgia State Senator, Joseph
PROGRAMS. tion of fatal accidents among members of Maxwell Cleland authored and advanced leg-
(a) IN GENERAL.—Not later than September the Armed Forces, and information on the islation to ensure access to public facilities
30, 2023, the Secretary of Defense shall con- progress of the implementation of any such in Georgia for elderly and handicapped indi-
duct a study, and submit a report on such recommendation.’’. viduals.
study to the congressional defense commit- AMENDMENT NO. 376 OFFERED BY MS. WILLIAMS (9) In 1976, Joseph Maxwell Cleland began
tees, on the feasibility and benefits of estab- OF GEORGIA serving as a staffer on the Committee on
lishing returnship programs for the civilian At the end of subtitle G of title X, insert Veterans Affairs of the Senate.
workforce of the Department of Defense. The the following: (10) In 1977, Joseph Maxwell Cleland was
study and report shall assess— SEC. 10ll. PUBLIC AVAILABILITY OF COST OF appointed by President Jimmy Carter to lead
(1) where returnship programs could be CERTAIN MILITARY OPERATIONS TO the Veterans Administration.
used to address such workforce needs and EACH UNITED STATES TAXPAYER. (11) He was the youngest Administrator of
bolster the knowledge and experience base of Section 1090 of the National Defense Au- the Veterans Administration ever and the
such workforce; thorization Act for Fiscal Year 2017 (Public first Vietnam veteran to head the agency.
(2) how the programs would be structured Law 114–328) is amended— (12) He served as a champion for veterans
and the estimated funding levels to imple- (1) by inserting ‘‘(a) PUBLICATION OF INFOR- and led the Veterans Administration to rec-
ment the returnship programs; and MATION.—’’ before ‘‘The Secretary of De- ognize, and begin to treat, post-traumatic
(3) if and how returnship programs impact fense’’; stress disorder in veterans suffering the in-
the diversity of such workforce. (2) by striking ‘‘of each of the wars in Af- visible wounds of war.
(b) RETURNSHIP PROGRAM DEFINED.—In this ghanistan, Iraq, and Syria.’’ and inserting (13) Joseph Maxwell Cleland was elected in
section, the term ‘‘returnship program’’ ‘‘of any overseas contingency operation con- 1982 as Georgia’s Secretary of State, the
means any program that supports entry into ducted by the United States Armed Forces youngest individual to hold the office, and
the civilian workforce of the Department of on or after September 18, 2001.’’; and served in that position for 14 years.
Defense of an individual who has taken an (3) by adding at the end the following new (14) in 1996, Joseph Maxwell Cleland was
extended leave of absence from such work- subsections: elected to the United States Senate rep-
force, including a leave of absence to care for ‘‘(b) DISPLAY OF INFORMATION.—The infor- resenting Georgia.
a dependent. mation required to be posted under sub- (15) As a member of the Committee on
AMENDMENT NO. 374 OFFERED BY MS. WILD OF section (a) shall— Armed Services, Joseph Maxwell Cleland ad-
PENNSYLVANIA ‘‘(1) be posted directly on the website of vocated for Georgia’s military bases,
At the end of subtitle G of title III, insert the Department of Defense, in an accessible servicemembers, and veterans, including by
the following new section: and clear format; championing key personnel issues, playing a
SEC. 3ll. BRIEFINGS ON IMPLEMENTATION OF ‘‘(2) include corresponding documentation critical role in the effort to allow
RECOMMENDATIONS RELATING TO as links or attachments; and servicemembers to pass their GI Bill edu-
SAFETY AND ACCIDENT PREVEN- ‘‘(3) include, for each overseas contingency cation benefits to their children, and estab-
TION. operation— lishing a new veterans cemetery in Canton,
Beginning not later than 45 days after the ‘‘(A) both the total cost to each taxpayer, Georgia.
date of the enactment of this Act, and on a and the cost to each taxpayer for each fiscal (16) In 2002, Joseph Maxwell Cleland was
biannual basis thereafter until such time as year, of conducting the overseas contingency appointed to the 9/11 Commission.
each recommendation referred to in this sec- operation;
tion has been implemented, the Secretary of (17) In 2003, Joseph Maxwell Cleland was
‘‘(B) a list of countries where the overseas appointed by President George W. Bush to
Defense shall provide to the Committees on contingency operation has taken place.
Armed Services of the House of Representa- the Board of Directors for the Export-Import
‘‘(c) UPDATES.—The Secretary shall ensure
tives and the Senate a briefing on the status Bank of the United States, where he served
that all the information required to be post-
of the implementation of recommendations ed under subsection (a) is updated by not until 2007.
relating to safety and the prevention of acci- later than 90 days after the last day of each (18) In 2009, Joseph Maxwell Cleland was
dents and mishaps (including fatal accidents) fiscal year. appointed by President Barack Obama as
with respect to members of the Armed ‘‘(d) CONTINGENCY OPERATION DEFINED.—In Secretary of the American Battle Monu-
Forces, including— this section, the term ‘contingency oper- ments Commission overseeing United States
(1) the recommendations of the Comp- ation’ has the meaning given such term in military cemeteries and monuments over-
troller General of the United States in the section 101(a)(13) of title 10, United States seas, where he served until 2017.
Government Accountability Office report of Code.’’. (19) Joseph Maxwell Cleland authored 3
July 2021, titled ‘‘Military Vehicles: Army AMENDMENT NO. 377 OFFERED BY MS. WILLIAMS books: Strong at the Broken Places, Going
and Marine Corps Should Take Additional OF GEORGIA for the Max: 12 Principles for Living Life to
Actions to Mitigate and Prevent Training the Fullest, and Heart of a Patriot.
Page 1348, insert after line 23 the following:
Accidents’’ (relating to vehicle safety); (20) Joseph Maxwell Cleland received nu-
SEC. 5806. SENSE OF CONGRESS REGARDING THE
(2) the recommendations of the National LIFE AND LEGACY OF SENATOR JO- merous honors and awards over the course of
Commission on Military Aviation Safety SEPH MAXWELL CLELAND. his long and distinguished career.
under section 1087 of the John S. McCain Na- (a) FINDINGS.—Congress finds the fol- (21) Joseph Maxwell Cleland was a patriot,
tional Defense Authorization Act for Fiscal lowing: veteran, and lifelong civil servant who
Year 2019 (Public Law 115–232; 132 Stat. 1992); (1) Joseph Maxwell Cleland was born Au- proudly served Georgia, the United States,
and gust 24, 1942, in Atlanta, Georgia, the child of and all veterans and servicemembers of the
(3) the 117 recommendations of the Readi- Juanita Kesler Cleland and Joseph Hughie United States.
ness Reform Oversight Committee of the De- Cleland, a World War II veteran, and grew up (22) On November 9, 2021, at the age of 79,
partment of the Navy following the deaths of in Lithonia, Georgia. Joseph Maxwell Cleland died, leaving behind
17 members of the Armed Forces on the USS (2) Joseph Maxwell Cleland graduated from a legacy of service, sacrifice, and joy.
John McCain and the USS Fitzgerald. Stetson University in Florida in 1964, and re- (b) DEATH OF THE HONORABLE JOSEPH MAX-
AMENDMENT NO. 375 OFFERED BY MS. WILD OF ceived his Master’s Degree in history from WELL CLELAND.—Congress has heard with
PENNSYLVANIA Emory University in Atlanta, Georgia. profound sorrow of the death of the Honor-
At the end of subtitle H of title III, insert (3) Following his graduation from Stetson able Joseph Maxwell Cleland, who served—
the following new section: University, Joseph Maxwell Cleland received (1) with courage and sacrifice in combat in
SEC. 3ll. MAINTENANCE OF PUBLICLY ACCES- a Second Lieutenant’s Commission in the the Vietnam War;
SIBLE WEBSITE BY JOINT SAFETY Army through its Reserve Officers’ Training (2) with unwavering dedication to Georgia
COUNCIL. Corps program. as a State Senator, Secretary of State, and
Section 184(d) of title 10, United States (4) Joseph Maxwell Cleland volunteered for Senator; and
Code, is amended by adding at the end the duty in the Vietnam War in 1967, serving (3) with honorable service to the United
following new paragraph: with the 1st Cavalry Division. States and veterans of the United States
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‘‘(10) Developing and maintaining (includ- (5) On April 8, 1968, during combat at the through his lifetime of public service and
ing by updating on a basis that is not less mountain base at Khe Sanh, Joseph Maxwell tenure as Administrator of the Veterans Ad-
frequent than once every 180 days) a publicly Cleland was gravely injured by the blast of a ministration.
accessible Internet website that contains the grenade, eventually losing both his legs and
AMENDMENT NO. 378 OFFERED BY MR. WITTMAN
following: right arm.
OF VIRGINIA
‘‘(A) Information for the families of de- (6) Joseph Maxwell Cleland was awarded
ceased members of the armed forces who died the Bronze Star for meritorious service and At the end of subtitle B of title I, add the
in a fatal operational or training accident. the Silver Star for gallantry in action. following new section:
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6355
SEC. 1ll. PROHIBITION ON AVAILABILITY OF award made in support of the efforts led by congressional action, are necessary to fur-
FUNDS FOR DISPOSAL OF LITTORAL the Department of Health and Human Serv- ther enable widespread and sustained infor-
COMBAT SHIPS.
ices and the Department of Defense, known mation environment operations of the De-
(a) PROHIBITION.—None of the funds author- as Operation Warp Speed, to accelerate the partment of Defense relevant Federal agen-
ized to appropriated by this Act or otherwise development, acquisition, and distribution of cies.
made available for fiscal year 2023 for the vaccines and other therapies to address the (4) Any other matters the Secretary of De-
Navy may be obligated or expended to dis- COVID–19 pandemic, and any successor ef- fense determines appropriate.
pose of or dismantle a Littoral Combat Ship. forts. (b) INFORMATION ENVIRONMENT DEFINED.—
(b) EXCEPTION.—The prohibition under sub- In this section, the term ‘‘information envi-
section (a) shall not apply to the transfer of AMENDMENT NO. 381 OFFERED BY MR. WITTMAN
OF VIRGINIA ronment’’ has the meaning given in the pub-
a Littoral Combat Ship to the military lication of the Department of Defense titled
forces of a nation that is an ally or partner At the end of subtitle C of title VII add the
following: ‘‘Joint Concept for Operating in the Informa-
of the United States. tion Environment (JCOIE)’’ dated July 25,
AMENDMENT NO. 379 OFFERED BY MR. WITTMAN SEC. 7ll. REPORT ON DEFENSE HEALTH AGEN-
CY CONTRACTS. 2018.
OF VIRGINIA
Not later than February 1, 2023, the Direc- The SPEAKER pro tempore. Pursu-
At the end of subtitle E of title VIII, add
the following new section:
tor of the Defense Health Agency shall sub- ant to House Resolution 1224, the gen-
mit to the Committees on Armed Services of tleman from Washington (Mr. SMITH)
SEC. 8ll. REPORT ON TRANSITION TO PHASE III
the House of Representatives and the Senate and the gentleman from Alabama (Mr.
FOR SMALL BUSINESS INNOVATION
a report that includes, with respect to fiscal
RESEARCH AND SMALL BUSINESS ROGERS) each will control 15 minutes.
TECHNOLOGY TRANSFER PROGRAM years 2020, 2021, and 2022—
The Chair recognizes the gentleman
AWARDS. (1) the total number of contracts awarded
(a) REPORT REQUIRED.—On an annual basis, by the Defense Health Agency during each from Washington.
each Secretary of a military department (as such fiscal year; and Mr. SMITH of Washington. Madam
defined in section 101 of title 10, United (2) the number and percent of such con- Speaker, I yield 2 minutes to the gen-
States Code) shall collect and submit to the tracts for each such fiscal year that were— tleman from New Jersey (Mr. PAL-
President for inclusion in each budget sub- (A) protested and the protest was upheld; LONE).
mitted to Congress under section 1105 of title (B) standard professional services con- Mr. PALLONE. Madam Speaker, I
31, United States Code, data on the Phase I, tracts; thank Chairman SMITH for yielding.
Phase II, and Phase III awards under the (C) issued as a direct award; I would like to speak on the JACKIE
SBIR and STTR programs of the military de- (D) in the case of the contracts described SPEIER amendment No. 337, part of en
partment of the Secretary for the imme- in subparagraph (C), exceeded $5 million in
bloc No. 3, which directs the Secretary
diately preceding five fiscal years, includ- total value; and
(E) awarded to the following: of Defense in coordination with the
ing—
(1) the aggregate funding amount for Phase (i) Businesses eligible to enter into a con- Secretary of State to document details
III awards in relevant program offices, as se- tract under section 8(a) of the Small Busi- of the consideration of the waiver re-
lected by the each Secretary of a military ness Act (15 U.S.C. 637(a)). quirements to section 907 of the FREE-
department; (ii) Qualified HUBZone small business con- DOM Support Act and report on wheth-
(2) the change in Phase III funding during cerns. er security assistance to the Govern-
the period covered by the report such se- (iii) Small business concerns owned and ment of Azerbaijan undermines a
lected program offices; controlled by service-disabled veterans.
peaceful settlement to the conflict be-
(3) the number of SBIR awards made by (iv) Small business concerns owned and
controlled by women (as defined in section tween Armenia and Azerbaijan.
such selected program offices in under 180
days during the period covered by the report; 8(m)(1) of the Small Business Act (15 U.S.C. Let me just say that those of us in
and 637(m)(1)). the Armenian Caucus have been very
(4) where possible, an identification of spe- AMENDMENT NO. 382 OFFERED BY MR. WITTMAN concerned over the years about the
cific recommendations from each Secretary OF VIRGINIA constant waiver of requirements under
of a military department on opportunities to Add at the end of subtitle G of title X the section 907 of the FREEDOM Support
identify and expand best practices that dem- following new section: Act because the bottom line is that
onstrate growth in Phase III award funding. SEC. 10ll. REPORT ON DEPARTMENT OF DE- Azerbaijan has continued its aggres-
(b) DEFINITIONS.—In this section, the terms FENSE PLAN TO ACHIEVE STRA-
‘‘Phase I’’, ‘‘Phase II’’, ‘‘Phase III’’, ‘‘SBIR’’,
sion against Armenia and started a war
TEGIC OVERMATCH IN THE INFOR-
and ‘‘STTR’’ have the meanings given those MATION ENVIRONMENT. against Armenia over Nagorno-
terms, respectively, in section 9(e) of the (a) IN GENERAL.—Not later than April 1, Karabakh a couple of years ago.
Small Business Act (15 U.S.C. 638(e)). 2023, the Secretary of Defense shall submit We don’t believe there is any jus-
AMENDMENT NO. 380 OFFERED BY MR. WITTMAN to the Committee on Armed Services of the tification for waiving this because of
OF VIRGINIA House of Representatives a report on the fol- the constant threat that Azerbaijan op-
At the end of subtitle D of title VIII, insert lowing: poses not only to Nagorno-Karabakh
the following: (1) A plan, developed in cooperation with but also to Armenia itself, which has
SEC. 8ll. EXISTING AGREEMENT LIMITS FOR relevant Federal agencies, for the Depart- continued ever since that war.
OPERATION WARP SPEED. ment of Defense to achieve strategic over- The bottom line is we would like to
(a) IN GENERAL.—Any award made to a con- match in the information environment, in-
cluding—
see some action, if you will, to show
sortium under section 4022 of title 10, United
(A) modifications and updates to existing whether this security assistance to
States Code, by the Department of Defense
on or after March 1, 2020, to address the policy or guidance; Azerbaijan should continue with these
COVID–19 pandemic through vaccines and (B) a description of impacts to future budg- constant waivers. It is really a simple
other therapeutic measures using funds et requests and funding priorities; request, and I would ask our Members
made available under a covered award shall (C) updates to personnel policies to ensure on both sides of the aisle to support
not be counted toward any limit established the recruitment, promotion, retention, and this as part of the en bloc No. 3.
prior to March 1, 2020, on the total estimated compensation incentives for individuals with Mr. ROGERS of Alabama. Madam
amount of all projects to be issued for a spec- the necessary skills in the information envi-
Speaker, I rise in support of this
ified fiscal year (except that such funds shall ronment; and
(D) a description of improvements to the amendment and urge our colleagues to
count toward meeting any guaranteed min-
imum value). collection, prioritization, and analysis of vote for it.
(b) FOLLOW-ON CONTRACTS.—The Secretary open source intelligence to better inform the Madam Speaker, I reserve the bal-
of Defense may not award a follow-on con- understanding of competitors and adver- ance of my time.
tract, agreement, or grant for any award de- saries to the Department of Defense in the Mr. SMITH of Washington. Madam
scribed in subsection (a)— information environment. Speaker, we have no further speakers,
(1) until the limit described in subsection (2) A description of any initiatives, identi- so I will urge adoption of the amend-
(a) has been reached; fied in cooperation with relevant Federal ment, and I yield back the balance of
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(2) until the term of the award described in agencies, that the Secretary of Defense and my time.
subsection (a) has expired; or such Federal agencies may undertake to as-
Mr. ROGERS of Alabama. Madam
(3) unless such follow-on contract, agree- sist and incorporate allies and partner coun-
tries of the United States into efforts to Speaker, I, too, urge adoption of this
ment, or grant is made accordance with the
terms and conditions of the award described achieve strategic overmatch in the informa- en bloc package, and I yield back the
in subsection (a). tion environment. balance of my time.
(c) COVERED AWARD DEFINED.—In this sec- (3) A description of other actions, includ- Mr. SMITH of New Jersey. Madam Speaker,
tion, the term ‘‘covered award’’ means an ing funding modifications, policy changes, or I respectfully ask the House today to adopt my
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H6356 CONGRESSIONAL RECORD — HOUSE July 13, 2022
amendment—the Kyle Mullen Naval Safety 519, 520, 521, 522, 523, 524, 525, 526, 527, SEC. 5806. ONDCP SUPPLEMENTAL STRATEGIES.
Enhancements—that directs the Secretary of 528, 529, 530, 531, 532, 533, 534, 535, 536, Section 706(h) of the Office of National
Drug Control Policy Reauthorization Act of
Defense to conduct an appraisal of and pro- 537, 538, 539, 540, 541, and 542, printed in 1998 (21 U.S.C. 1705(h)) is amended—
vide recommended policies for improved med- part A of House Report 117–405, offered (1) in paragraph (5), by striking ‘‘; and’’ and
ical care and oversight of individuals in the by Mr. SMITH of Washington: inserting a semicolon;
Navy engaged in high-stress training like the AMENDMENT NO. 383 OFFERED BY MS. LEE OF (2) in paragraph (6), by striking the period
Navy SEALS to better ensure sailor safety and CALIFORNIA at the end and inserting ‘‘; and’’; and
prevent related long-term injury, illness, and At the end of subtitle C of title XII, add (3) by adding at the end the following new
death. the following: paragraph:
In February of this year, my constituent Kyle ‘‘(7) develops performance measures and
SEC. 12l. REPEAL OF AUTHORIZATION FOR USE
OF MILITARY FORCE AGAINST IRAQ targets for the National Drug Control Strat-
Mullen passed away after completing the rig- egy for supplemental strategies (the South-
RESOLUTION OF 2002.
orous training of ‘Hell Week’ as a Navy SEAL west Border, Northern Border, and Caribbean
candidate. The Authorization for Use of Military
Force Against Iraq Resolution of 2002 (Public Border Counternarcotics Strategies) to effec-
The autopsy report cited pneumonia and Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 tively evaluate region-specific goals, to the
staph infection as the cause of death. note) is hereby repealed. extent the performance measurement system
Kyle was an extraordinary talented and gift- does not adequately measure the effective-
AMENDMENT NO. 385 OFFERED BY MS.
ed young man—a true leader who selflessly ness of the strategies, as determined by the
SPANBERGER OF VIRGINIA
enlisted in the Navy to serve our nation and Director, such strategies may evaluate inter-
At the end of title LVIII, insert the fol- diction efforts at and between ports of entry,
protect our freedom. lowing: interdiction technology, intelligence shar-
Kyle was a world class athlete and was a SEC. llll. REPEAL OF 1991 AUTHORIZATION ing, diplomacy, and other appropriate
basketball standout and Captain of both FOR USE OF MILITARY FORCE metrics, specific to each supplemental strat-
Manalapan High School and Yale University AGAINST IRAQ RESOLUTION. egies region, as determined by the Direc-
Football teams. The Authorization for Use of Military tor.’’.
Kyle’s mother—Regina—a nurse told me in Force Against Iraq Resolution (Public Law AMENDMENT NO. 389 OFFERED BY MR.
a heartbreaking conversation in her home that 102–1; 50 U.S.C. 1541 note) is repealed. ARRINGTON OF TEXAS
Kyle’s death could have been prevented had AMENDMENT NO. 386 OFFERED BY MR. MEIJER OF At the appropriate place in subtitle B of
her son received timely medical attention. MICHIGAN title XIII, insert the following:
Regina has many questions that demand Add at the end of subtitle B of title XIII SEC. ll. REPORT ON MEXICO.
answers. the following: (a) IN GENERAL.—Not later than 180 days
SEC. 13ll. REPEAL OF JOINT RESOLUTION TO after the date of the enactment of this Act,
Meanwhile, this grieving mom has made it the President shall submit to the appro-
PROMOTE PEACE AND STABILITY IN
clear and with great urgency and resolve that THE MIDDLE EAST. priate congressional committees a report
Congress and DOD must insist that medical Effective on the date that is 90 days after that includes the following:
care, aggressive monitoring, and oversight be the date of the enactment of this Act, the (1) A description of past and current bilat-
provided now, without delay, to every Navy joint resolution entitled ‘‘A joint resolution eral security cooperation with Mexico, in-
SEAL candidate during high-stress training. to promote peace and stability in the Middle cluding through Northcom, the Department
The SPEAKER pro tempore. Pursu- East’’ (Public Law 85–7; 22 U.S.C. 1961 et seq.) of Homeland Security, and the Department
is hereby repealed. of Justice (including the Drug Enforcement
ant to House Resolution Number 1124,
Administration), including over the pre-
the previous question is ordered on the AMENDMENT NO. 387 OFFERED BY MS. LEE OF
ceding 10 years.
amendments en bloc offered by the CALIFORNIA
(2) A description of the benefits of partner-
gentleman from Washington (Mr. Add at the end of subtitle B of title XIII ships with Mexican security forces in enforc-
SMITH). the following: ing judicial process for violent crimes and
The question is on the amendments SEC. 13ll. SENSE OF CONGRESS REGARDING cartels along the southern border.
THE INCLUSION OF SUNSET PROVI- (3) A description of increasing cartel con-
en bloc. SIONS IN AUTHORIZATIONS FOR USE
The question was taken; and the trol over Mexican territory and its impacts
OF MILITARY FORCE.
on national security.
Speaker pro tempore announced that (a) FINDINGS.—Congress makes the fol- (4) A description of deteriorating role of
the ayes appeared to have it. lowing findings: electoral and democratic institutions, in-
Mr. GOHMERT. Madam Speaker, on (1) Article 1, Section 8, of the Constitution cluding human rights violations, and its im-
that I demand the yeas and nays. provides Congress with the sole authority to pacts on national security.
The SPEAKER pro tempore. Pursu- ‘‘declare war’’. (b) FORM.—The report required by sub-
ant to section 3(s) of House Resolution (2) Legal experts who have served in both section (a) shall be submitted in unclassified
Democratic and Republic administrations form, but may include a classified annex.
8, the yeas and nays are ordered. recommend the inclusion of a sunset clause The unclassified portion of such report shall
Pursuant to clause 8 of rule XX, fur- or reauthorization requirement in authoriza- be published on a publicly available website
ther proceedings on this question are tions for use of military force to ensure that of the Federal government.
postponed. Congress fulfills its constitutional duty to (c) APPROPRIATE CONGRESSIONAL COMMIT-
debate and vote on whether to send United TEES.—In this section, the term ‘‘appropriate
b 2330
States servicemembers into war. congressional committees’’ means—
Amendments En Bloc No. 4 Offered (3) Sunset provisions have been included in (1) the congressional defense committees;
by Mr. SMITH of Washington 29 percent of prior authorizations for use of (2) the Committee on Foreign Relations
Mr. SMITH of Washington. Madam military force and declarations of war. and the Select Committee on Intelligence of
Speaker, pursuant to House Resolution (b) SENSE OF CONGRESS.—It is the sense of the Senate; and
Congress that— (3) the Committee on Foreign Affairs and
1224, I offer amendments en bloc.
(1) the inclusion of a sunset provision or the Permanent Select Committee on Intel-
The SPEAKER pro tempore. The reauthorization requirement in authoriza- ligence of the House of Representatives.
Clerk will designate the amendments tions for use of military force is critical to AMENDMENT NO. 390 OFFERED BY MR. THOMPSON
en bloc. ensuring Congress’s exercise of its constitu- OF MISSISSIPPI
Amendments en bloc 4 consisting of tional duty to declare war; and Add at the end of title LVIII of division E
amendment Nos. 383, 385, 386, 387, 388, (2) any joint resolution enacted to author- the following:
389, 390, 393, 394, 396, 397, 398, 400, 401, ize the introduction of United States forces Subtitle B—Rights for the TSA Workforce Act
402, 403, 404, 405, 407, 408, 409, 411, 412, into hostilities or into situations where of 2022
414, 416, 417, 418, 419, 420, 421, 422, 423, there is a serious risk of hostilities should
SEC. 5811. SHORT TITLE.
include a sunset provision setting forth a
424, 425, 427, 428, 429, 430, 431, 432, 433, date certain for the termination of the au-
This subtitle may be cited as the ‘‘Rights
434, 435, 436, 438, 439, 441, 442, 443, 445, for the Transportation Security Administra-
thorization for the use of such forces absent
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449, 450, 452, 453, 457, 458, 459, 460, 462, tion Workforce Act of 2022’’ or the ‘‘Rights
the enactment of a subsequent specific statu-
463, 464, 466, 467, 468, 469, 470, 471, 472, for the TSA Workforce Act of 2022’’.
tory authorization for such use of the United
SEC. 5812. DEFINITIONS.
473, 474, 475, 476, 477, 478, 479, 480, 481, States forces.
For purposes of this subtitle—
482, 483, 484, 485, 486, 487, 488, 489, 490, AMENDMENT NO. 388 OFFERED BY MS. (1) the term ‘‘adjusted basic pay’’ means—
491, 492, 493, 494, 496, 497, 498, 499, 500, SPANBERGER OF VIRGINIA (A) the rate of pay fixed by law or adminis-
501, 502, 503, 504, 505, 506, 507, 508, 509, At the end of title LVIII of division E, add trative action for the position held by a cov-
510, 511, 512, 513, 514, 515, 516, 517, 518, the following: ered employee before any deductions; and
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6357
(B) any regular, fixed supplemental pay- policy, letter, guideline, or directive related portation Security Officer, Federal Air Mar-
ment for non-overtime hours of work cred- to annual adjustments to pay schedules and shal, Transportation Security Inspector, and
itable as basic pay for retirement purposes, locality-based comparability payments in other positions requested by the Adminis-
including any applicable locality payment order to maintain parity with such adjust- trator; and
and any special rate supplement; ments authorized under section 5303, 5304, (B) the Department of Agriculture’s Na-
(2) the term ‘‘Administrator’’ means the 5304a, and 5318 of title 5, United States Code; tional Finance Center shall make necessary
Administrator of the Transportation Secu- and changes to its Financial Management Serv-
rity Administration; (B) ADDITIONAL POLICY.—Notwithstanding ices and Human Resources Management
(3) the term ‘‘appropriate congressional paragraph (1)(B), new TSA personnel man- Services to ensure payroll, leave, and other
committees’’ means the Committees on agement policy may be issued if— personnel processing systems for TSA per-
Homeland Security and Oversight and Re- (i) such policy is needed to resolve a mat- sonnel are commensurate with chapter 53 of
form of the House of Representatives and the ter not specifically addressed in policy in ef- title 5, United States Code, and provide func-
Committees on Commerce, Science, and fect on the date of enactment of this Act; tions as needed to implement this subtitle.
Transportation and Homeland Security and and (d) SAFEGUARDS ON GRIEVANCES AND AP-
Governmental Affairs of the Senate; (ii) the Secretary provides such policy, PEALS.—
(4) the term ‘‘at-risk employee’’ means a with an explanation of its necessity, to the (1) IN GENERAL.—Each covered employee
Transportation Security Officer, Federal Air appropriate congressional committees not with a grievance or appeal pending within
Marshal, canine handler, or any other em- later than 7 days of issuance. TSA on the date of the enactment of this Act
ployee of the Transportation Security Ad- (C) EMERGING THREATS TO TRANSPORTATION or initiated during the transition period de-
ministration carrying out duties that re- SECURITY DURING TRANSITION PERIOD.—Not- scribed in subsection (c) shall have the right
quire substantial contact with the public withstanding paragraph (1), any TSA per- to have such grievance or appeal removed to
during the COVID–19 national emergency; sonnel management policy, letter, guideline, proceedings pursuant to title 5, United
(5) the term ‘‘conversion date’’ means the or directive related to an emerging threat to States Code, or continued within the TSA.
date as of which subparagraphs (A) through transportation security, including national (2) AUTHORITY.—With respect to any griev-
(F) of section 5813(c)(1) take effect; emergencies or disasters and public health ance or appeal continued within the TSA
(6) the term ‘‘covered employee’’ means an threats to transportation security, may be pursuant to paragraph (1), the Administrator
employee who holds a covered position; modified or established until the conversion may consider and finally adjudicate such
(7) the term ‘‘covered position’’ means a date. The Secretary shall provide to the ap- grievance or appeal notwithstanding any
position within the Transportation Security propriate congressional committees any other provision of this subtitle.
Administration; modification or establishment of such a TSA (3) PRESERVATION OF RIGHTS.—Notwith-
(8) the term ‘‘COVID–19 national emer- personnel management policy, letter, guide- standing any other provision of law, any ap-
gency’’ means the national emergency de- line, or directive, with an explanation of its peal or grievance continued pursuant to this
clared by the President under the National necessity, not later than 7 days of such section that is not finally adjudicated pursu-
Emergencies Act (50 U.S.C. 1601 et seq.) on modification or establishment. ant to paragraph (2) shall be preserved and
(b) PERSONNEL AUTHORITIES DURING TRAN-
March 13, 2020, with respect to the all timelines tolled until the rights afforded
SITION PERIOD.—Any TSA personnel manage-
coronavirus; by application of chapters 71 and 77 of title
ment system in use for covered employees
(9) the term ‘‘employee’’ has the meaning 5, United States Code, are made available
and covered positions on the day before the
given such term by section 2105 of title 5, pursuant to section 5813(c)(2) of this subtitle.
date of enactment of this Act and any TSA
United States Code; personnel management policy, letter, guide- SEC. 5814. TRANSITION RULES.
(10) the term ‘‘Secretary’’ means the Sec- line, or directive in effect on the day before (a) NONREDUCTION IN PAY AND COMPENSA-
retary of Homeland Security; the date of enactment of this Act shall re- TION.—Under pay conversion rules as the
(11) the term ‘‘TSA personnel management main in effect until the conversion date. Secretary may prescribe to carry out this
system’’ means any personnel management (c) TRANSITION TO TITLE 5.— subtitle, a covered employee converted from
system established or modified under— (1) IN GENERAL.—Except as provided in a TSA personnel management system to the
(A) section 111(d) of the Aviation and paragraph (2), effective as of the date deter- provisions of title 5, United States Code, pur-
Transportation Security Act (49 U.S.C. 44935 mined by the Secretary, but in no event suant to section 5813(c)(1)(F)—
note); or later than December 31, 2022— (1) shall not be subject to any reduction in
(B) section 114(n) of title 49, United States (A) the TSA personnel management system either the rate of adjusted basic pay payable
Code; shall cease to be in effect; or law enforcement availability pay payable
(12) the term ‘‘TSA’’ means the Transpor- (B) section 114(n) of title 49, United States to such covered employee; and
tation Security Administration; and Code, is repealed; (2) shall be credited for years of service in
(13) the term ‘‘2019 Determination’’ means (C) section 111(d) of the Aviation and a specific pay band under a TSA personnel
the publication, entitled ‘‘Determination on Transportation Security Act (49 U.S.C. 44935 management system as if the employee had
Transportation Security Officers and Collec- note) is repealed; served in an equivalent General Schedule po-
tive Bargaining’’, issued on July 13, 2019, by (D) any TSA personnel management pol- sition at the same grade, for purposes of de-
Administrator David P. Pekoske, as modi- icy, letter, guideline, and directive, includ- termining the appropriate step within a
fied, or any superseding subsequent deter- ing the 2019 Determination, shall cease to be grade at which to establish the employee’s
mination. effective; converted rate of pay.
SEC. 5813. CONVERSION OF TSA PERSONNEL. (E) any human resources management sys- (b) RETIREMENT PAY.—Not later than 90
(a) RESTRICTIONS ON CERTAIN PERSONNEL tem established or adjusted under chapter 97 days after the date of enactment of this Act,
AUTHORITIES.— of title 5, United States Code, with respect to the Secretary shall submit to the appro-
(1) IN GENERAL.—Notwithstanding any covered employees or covered positions shall priate congressional committees a proposal,
other provision of law, and except as pro- cease to be effective; and including proposed legislative changes if
vided in paragraph (2), effective as of the (F) covered employees and covered posi- needed, for determining a covered employ-
date of the enactment of this Act— tions shall be subject to the provisions of ee’s average pay for purposes of calculating
(A) any TSA personnel management sys- title 5, United States Code. the employee’s retirement annuity, con-
tem in use for covered employees and cov- (2) CHAPTERS 71 AND 77 OF TITLE 5.—Not sistent with title 5, United States Code, for
ered positions on the day before such date of later than 90 days after the date of enact- any covered employee who retires within
enactment, and any TSA personnel manage- ment of this Act— three years of the conversion date, in a man-
ment policy, letter, guideline, or directive in (A) chapter 71 and chapter 77 of title 5, ner that appropriately accounts for time in
effect on such day may not be modified; United States Code, shall apply to covered service and annual rate of basic pay fol-
(B) no TSA personnel management policy, employees carrying out screening functions lowing the conversion date.
letter, guideline, or directive that was not pursuant to section 44901 of title 49, United (c) LIMITATION ON PREMIUM PAY.—Notwith-
established before such date issued pursuant States Code; and standing section 5547 of title 5, United States
to section 111(d) of the Aviation and Trans- (B) any policy, letter, guideline, or direc- Code, or any other provision of law, a Fed-
portation Security Act (49 U.S.C. 44935 note) tive issued under section 111(d) of the Avia- eral Air Marshal or criminal investigator
or section 114(n) of title 49, United States tion and Transportation Security Act (49 hired prior to the date of enactment of this
Code, may be established; and U.S.C. 44935 note) related to matters other- Act may be eligible for premium pay up to
(C) any authority to establish or adjust a wise covered by such chapter 71 or 77 shall the maximum level allowed by the Adminis-
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human resources management system under cease to be in effect. trator prior to the date of enactment of this
chapter 97 of title 5, United States Code, (3) ASSISTANCE OF OTHER AGENCIES.—Not Act. The Office of Personnel Management
shall terminate with respect to covered em- later than 180 days after the date of enact- shall recognize such premium pay as fully
ployees and covered positions. ment of this Act or December 31, 2022, which- creditable for the purposes of calculating
(2) EXCEPTIONS.— ever is earlier— pay and retirement benefits.
(A) PAY.—Notwithstanding paragraph (A) the Office of Personnel Management (d) PRESERVATION OF LAW ENFORCEMENT
(1)(A), the limitation in that paragraph shall shall establish a position series and classi- AVAILABILITY PAY AND OVERTIME PAY RATES
not apply to any TSA personnel management fication standard for the positions of Trans- FOR FEDERAL AIR MARSHALS.—
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H6358 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(1) LEAP.—Section 5545a of title 5, United functions under section 44901 of title 49, monize and update, for the purposes of hiring
States Code, is amended by adding at the end United States Code, and shall be the exclu- and for authorizing or entering into any con-
the following: sive representative for such personnel under tract for service, the restrictions in section
‘‘(l) The provisions of subsections (a)–(h) chapter 71 of title 5, United States Code, 70105(c) of title 46, United States Code, (re-
providing for availability pay shall apply to with full rights under such chapter. lating to the issuance of transportation secu-
any Federal Air Marshal who is an employee (B) Nothing in this subsection shall be con- rity cards) and section 44936 of title 49,
of the Transportation Security Administra- strued to prevent covered employees from se- United States Code, (relating to security
tion.’’. lecting an exclusive representative other screener employment investigations and re-
(2) OVERTIME.—Section 5542 of such title is than the labor organization described under strictions).
amended by adding at the end the following: paragraph (1) for purposes of collective bar- SEC. 5818. COMPTROLLER GENERAL REVIEWS.
‘‘(i) Notwithstanding any other provision gaining under such chapter 71. (a) REVIEW OF RECRUITMENT.—Not later
of law, a Federal Air Marshal who is an em- (2) NATIONAL LEVEL.—Notwithstanding any than one year after the date of the enact-
ployee of the Transportation Security Ad- provision of such chapter 71, collective bar- ment of this Act, the Comptroller General
ministration shall receive overtime pay gaining for any unit of covered employees shall submit to Congress a report on the ef-
under this section, at such a rate and in such shall occur at the national level, but may be forts of the TSA regarding recruitment, in-
a manner, so that such Federal Air Marshal supplemented by local level bargaining and cluding recruitment efforts relating to vet-
does not receive less overtime pay than such local level agreements in furtherance of ele- erans and the dependents of veterans and
Federal Air Marshal would receive were that ments of a national agreement or on local members of the Armed Forces and the de-
Federal Air Marshal subject to the overtime unit employee issues not otherwise covered pendents of such members. Such report shall
pay provisions of section 7 of the Fair Labor by a national agreement. Such local-level also include recommendations regarding how
Standards Act of 1938.’’. bargaining and local-level agreements shall the TSA may improve such recruitment ef-
(3) EFFECTIVE DATE.—The amendments occur only by mutual consent of the exclu- forts.
(b) REVIEW OF IMPLEMENTATION.—Not later
made by paragraphs (1) and (2) shall begin to sive representative of full and part-time non-
than 60 days after the conversion date, the
apply on the conversion date (as that term is supervisory TSA personnel carrying out Comptroller General shall commence a re-
defined in section 5812 of the Rights for the screening functions under section 44901 of view of the implementation of this subtitle.
TSA Workforce Act of 2022). title 49, United States Code, and a TSA Fed- The Comptroller General shall submit to
(e) COLLECTIVE BARGAINING UNIT.—Not- eral Security Director or their designee. Congress a report on its review no later than
withstanding section 7112 of title 5, United (3) CURRENT AGREEMENT.—Any collective one year after such conversion date.
States Code, following the application of bargaining agreement covering such per- (c) REVIEW OF PROMOTION POLICIES AND
chapter 71 pursuant to section 5813(c)(2) of sonnel in effect on the date of enactment of LEADERSHIP DIVERSITY.—Not later than one
this subtitle, full- and part-time non-super- this Act shall remain in effect until a collec- year after the date of the enactment of this
visory Transportation Security Administra- tive bargaining agreement is entered into Act, the Comptroller General shall submit to
tion personnel carrying out screening func- under such chapter 71, unless the Adminis- Congress a report on the efforts of the TSA
tions under section 44901 of title 49, United trator and exclusive representative mutually to ensure that recruitment, hiring, pro-
States Code, shall remain eligible to form a agree to revisions to such agreement. motion, and advancement opportunities are
collective bargaining unit. (b) CONSULTATION PROCESS.—Not later than equitable and provide for demographics
(f) PRESERVATION OF OTHER RIGHTS.—The seven days after the date of the enactment of among senior leadership that are reflective
Secretary shall take any actions necessary this Act, the Secretary shall consult with of the United States’ workforce demo-
to ensure that the following rights are pre- the exclusive representative for the per- graphics writ large. Such report shall, to the
served and available for each covered em- sonnel described in subsection (a) under extent possible, include an overview and
ployee as of the conversion date and any cov- chapter 71 of title 5, United States Code, on analysis of the current demographics of TSA
ered employee appointed after the conver- the formulation of plans and deadlines to leadership and, as appropriate, recommenda-
sion date, and continue to remain available carry out the conversion of full- and part- tions to improve hiring and promotion proce-
to covered employees after the conversion time non-supervisory TSA personnel car- dures and diversity in leadership roles that
date: rying out screening functions under section may include recommendations for how TSA
(1) Any annual leave, sick leave, or other 44901 of title 49, United States Code, under can better promote from within and retain
paid leave accrued, accumulated, or other- this subtitle. Prior to the date such chapter and advance its workers.
wise available to a covered employee imme- 71 begins to apply pursuant to section (d) REVIEW OF HARASSMENT AND ASSAULT
diately before the conversion date shall re- 5813(c)(2), the Secretary shall provide (in POLICIES AND PROTECTIONS.—Not later than
main available to the employee until used, writing) to such exclusive representative the one year after the date of the enactment of
subject to any limitation on accumulated plans for how the Secretary intends to carry this Act, the Comptroller General shall sub-
leave under chapter 63 of title 5, United out the conversion of such personnel under mit to Congress a report on the efforts of the
TSA to ensure the safety of its staff with re-
States Code. this subtitle, including with respect to such
gards to harassment and assault in the work-
(2) Part-time personnel carrying out matters as—
place, such as incidents of sexual harassment
screening functions under section 44901 of (1) the anticipated conversion date; and
and violence and harassment and violence
title 49, United States Code, pay Federal Em- (2) measures to ensure compliance with
motivated by an individual’s perceived race,
ployees Health Benefits premiums on the sections 5813 and 5814. ethnicity, religion, gender identity or sexu-
same basis as full-time TSA employees. (c) REQUIRED AGENCY RESPONSE.—If any ality, and including incidents where the al-
(3) Covered employees are provided appro- views or recommendations are presented leged perpetrator or perpetrators are mem-
priate leave during national emergencies to under subsection (b) by the exclusive rep- bers of the general public. Such report shall
assist the covered employees and ensure TSA resentative, the Secretary shall consider the include an overview and analysis of the cur-
meets mission requirements, notwith- views or recommendations before taking rent TSA policies and response procedures, a
standing section 6329a of title 5, United final action on any matter with respect to detailed description of if, when, and how
States Code. which the views or recommendations are pre- these policies fail to adequately protect TSA
(4) Eligible covered employees carrying out sented and provide the exclusive representa- personnel, and, as appropriate, recommenda-
screening functions under section 44901 of tive a written statement of the reasons for tions for steps the TSA can take to better
title 49, United States Code, receive a split- the final actions to be taken. protect its employees from harassment and
shift differential for regularly scheduled SEC. 5816. NO RIGHT TO STRIKE. violence in their workplace. In conducting
split-shift work as well as regularly sched- Nothing in this subtitle may be consid- its review, the Comptroller General shall
uled overtime and irregular and occasional ered— provide opportunities for TSA employees of
split-shift work. (1) to repeal or otherwise affect— all levels and positions, and unions and asso-
(5) Eligible covered employees receive (A) section 1918 of title 18, United States ciations representing such employees, to
group retention incentives, as appropriate, Code (relating to disloyalty and asserting submit comments, including in an anony-
notwithstanding sections 5754(c), (e), and (f) the right to strike against the Government); mous form, and take those comments into
of title 5, United States Code. or account in its final recommendations.
SEC. 5815. CONSULTATION REQUIREMENT. (B) section 7311 of title 5, United States SEC. 5819. SENSE OF CONGRESS.
(a) EXCLUSIVE REPRESENTATIVE.— Code (relating to loyalty and striking); or It is the sense of Congress that—
(1) IN GENERAL.— (2) to otherwise authorize any activity (1) the TSA’s personnel system provides in-
(A) Beginning on the date chapter 71 of which is not permitted under either provi- sufficient benefits and workplace protections
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title 5, United States Code, begins to apply sion of law cited in paragraph (1). to the workforce that secures the nation’s
to covered employees pursuant to section SEC. 5817. PROPOSAL ON HIRING AND CON- transportation systems and that the TSA’s
5813(c)(2), the labor organization certified by TRACTING BACKGROUND CHECK RE- workforce should be provided protections
the Federal Labor Relations Authority on QUIREMENTS. and benefits under title 5, United States
June 29, 2011, or any successor labor organi- Not later than one year after the date of Code; and
zation, shall be treated as the exclusive rep- enactment of this Act, the Secretary shall (2) the provision of these title 5 protections
resentative of full- and part-time non-super- submit a plan to the appropriate congres- and benefits should not result in a reduction
visory TSA personnel carrying out screening sional committees on a proposal to har- of pay or benefits to current TSA employees.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6359
SEC. 5820. ASSISTANCE FOR FEDERAL AIR MAR- SEC. 5826. ANNUAL REPORTS ON TSA WORK- (1) in subsection (a)(2)(C), by striking ‘‘sub-
SHAL SERVICE. FORCE. section (b)(5)’’ and inserting ‘‘paragraphs (5)
The Administrator may communicate with Not later than one year after the date of and (6) of subsection (b)’’; and
organizations representing a significant the enactment of this Act and annually (2) in subsection (b)—
number of Federal Air Marshals, to the ex- thereafter, the Administrator shall submit (A) in paragraph (5), by striking ‘‘for or on
tent provided by law, to address concerns re- to the appropriate congressional committees behalf of a foreign banking institution’’; and
garding Federal Air Marshals related to the a report that contains the following: (B) by adding at the end the following:
following: (1) An analysis of the Office of Personnel ‘‘(6) PROHIBITIONS OR CONDITIONS ON CER-
(1) Mental health. Management’s Federal Employee Viewpoint TAIN TRANSMITTALS OF FUNDS.—If the Sec-
(2) Suicide rates. Survey (FEVS) to determine job satisfaction retary finds a jurisdiction outside of the
(3) Morale and recruitment. rates of covered employees. United States, 1 or more financial institu-
(4) Equipment and training. (2) Information relating to retention rates tions operating outside of the United States,
(5) Work schedules and shifts, including of covered employees at each airport, includ- 1 or more types of accounts within, or in-
mandated periods of rest. volving, a jurisdiction outside of the United
ing transfers, in addition to aggregate reten-
(6) Any other personnel issues the Admin-
tion rates of covered employees across the States, or 1 or more classes of transactions
istrator determines appropriate.
TSA workforce. within, or involving, a jurisdiction outside of
SEC. 5821. PREVENTION AND PROTECTION
AGAINST CERTAIN ILLNESS.
(3) Information relating to actions taken the United States to be of primary money
by the TSA intended to improve workforce laundering concern, the Secretary, in con-
The Administrator, in coordination with
the Director of the Centers for Disease Con- morale and retention. sultation with the Secretary of State, the
trol and Prevention and the Director of the AMENDMENT NO. 393 OFFERED BY MR. HIMES OF
Attorney General, and the Chairman of the
National Institute of Allergy and Infectious CONNECTICUT
Board of Governors of the Federal Reserve
Diseases, shall ensure that covered employ- System, may prohibit, or impose conditions
Add at the end of title LIV of division E upon certain transmittals of funds (as such
ees are provided proper guidance regarding the following:
prevention and protections against the term may be defined by the Secretary in a
COVID–19 National Emergency, including ap- SEC. 5403. SPECIAL MEASURES TO FIGHT MOD- special measure issuance, by regulation, or
ERN THREATS. as otherwise permitted by law), to or from
propriate resources.
SEC. 5822. HAZARDOUS DUTY PAYMENTS. (a) FINDINGS.—Congress finds the fol- any domestic financial institution or domes-
Subject to the availability of appropria- lowing: tic financial agency if such transmittal of
tions, and not later than 90 days after receiv- (1) The Financial Crimes Enforcement Net- funds involves any such jurisdiction, institu-
ing such appropriations, the Administrator work (FinCEN) is the Financial Intelligence tion, type of account, or class of trans-
shall provide a one-time bonus payment of Unit of the United States tasked with safe- action.’’.
$3,000 to each at-risk employee. guarding the financial system from illicit AMENDMENT NO. 394 OFFERED BY MR. MEEKS OF
SEC. 5823. AUTHORIZATION OF APPROPRIATIONS. use, combating money laundering and its re- NEW YORK
There is authorized to be appropriated lated crimes including terrorism, and pro- Add at the end of title LIV of division E
such sums as may be necessary, to remain moting national security. the following:
available until expended, to carry out this (2) Per statute, FinCEN may require do- SEC. 5403. SUBMISSION OF DATA RELATING TO
subtitle. mestic financial institutions and financial DIVERSITY.
SEC. 5824. STUDY ON FEASIBILITY OF COM- agencies to take certain ‘‘special measures’’ Section 13 of the Securities Exchange Act
MUTING BENEFITS. against jurisdictions, institutions, classes of of 1934 (15 U.S.C. 78m) is amended by adding
Not later than 270 days after the enact- transactions, or types of accounts deter- at the end the following:
ment of this Act, the Administrator shall mined to be of primary money laundering ‘‘(s) SUBMISSION OF DATA RELATING TO DI-
submit to the appropriate congressional concern, providing the Secretary with a VERSITY.—
committees a feasibility study on allowing range of options, such as enhanced record- ‘‘(1) DEFINITIONS.—In this subsection—
covered employees carrying out screening keeping, that can be adapted to target spe- ‘‘(A) the term ‘executive officer’ has the
functions under section 44901 of title 49, cific money laundering and terrorist financ- meaning given the term in section 230.501(f)
United States Code, to treat as hours of em- ing and to bring pressure on those that pose of title 17, Code of Federal Regulations, as in
ployment time spent by such employees reg- money laundering threats. effect on the date of enactment of this sub-
ularly traveling between airport parking lots (3) This special-measures authority was section; and
and bus and transit stops and screening granted in 2001, when most cross-border ‘‘(B) the term ‘veteran’ has the meaning
checkpoints before and after the regular transactions occurred through correspondent given the term in section 101 of title 38,
work day. In conducting such study, the Ad- or payable-through accounts held with large United States Code.
ministrator shall consider— financial institutions which serve as inter- ‘‘(2) SUBMISSION OF DISCLOSURE.—Each
(1) the amount of time needed to travel to mediaries to facilitate financial transactions issuer required to file an annual report under
and from airport parking lots and bus and on behalf of other banks. subsection (a) shall disclose in any proxy
transit stops at representative airports of (4) Innovations in financial services have statement and any information statement
various sizes; transformed and expanded methods of cross- relating to the election of directors filed
(2) the feasibility of using mobile phones border transactions that could not have been with the Commission the following:
and location data to allow employees to re- envisioned 20 years ago when FinCEN was ‘‘(A) Demographic data, based on vol-
port their arrival to and departure from air- given its special-measures authority. untary self-identification, on the racial, eth-
port parking lots and bus and transit stops;
(5) These innovations, particularly through nic, gender identity, and sexual orientation
and
digital assets and informal value transfer composition of—
(3) the estimated costs of providing such
systems, while useful to legitimate con- ‘‘(i) the board of directors of the issuer;
benefits.
sumers and law enforcement, can be tools ‘‘(ii) nominees for the board of directors of
SEC. 5825. BRIEFING ON ASSAULTS AND THREATS
ON TSA EMPLOYEES.
abused by bad actors like sanctions evaders, the issuer; and
Not later than 90 days after the date of the fraudsters, money launderers, and those who ‘‘(iii) the executive officers of the issuer.
enactment of this Act, the Administrator commit ransomware attacks on victimized ‘‘(B) The status of any member of the
shall brief the appropriate congressional U.S. companies and which abuse the finan- board of directors of the issuer, any nominee
committees regarding the following: cial system to move and obscure the pro- for the board of directors of the issuer, or
(1) Reports to the Administrator of in- ceeds of their crimes. any executive officer of the issuer, based on
stances of physical or verbal assault or (6) Ransomware attacks on U.S. companies voluntary self-identification, as a veteran.
threat made by a member of the general pub- requiring payments in cryptocurrencies have ‘‘(C) Whether the board of directors of the
lic against a covered employee engaged in increased in recent years, with the U.S. issuer, or any committee of that board of di-
carrying out screening functions under sec- Treasury estimating that ransomware pay- rectors, has, as of the date on which the
tion 44901 of title 49, United States Code, ments in the United States reached $590 mil- issuer makes a disclosure under this para-
since January 1, 2019. lion in just the first half of 2021, compared to graph, adopted any policy, plan, or strategy
(2) Procedures for reporting such assaults a total of $416 million in 2020. to promote racial, ethnic, and gender diver-
and threats, including information on how (7) As ransomware attacks organized by sity among—
the Administrator communicates the avail- Chinese and other foreign bad actors con- ‘‘(i) the board of directors of the issuer;
ability of such procedures. tinue to grow in size and scope, modernizing ‘‘(ii) nominees for the board of directors of
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(3) Any steps taken by TSA to prevent and FinCEN’s special measure authorities will the issuer; or
respond to such assaults and threats. empower FinCEN to adapt its existing tools, ‘‘(iii) the executive officers of the issuer.
(4) Any related civil actions and criminal monitor and obstruct global financial ‘‘(3) ALTERNATIVE SUBMISSION.—In any 1-
referrals made annually since January 1, threats, and meet the challenges of com- year period in which an issuer required to
2019. bating 21st century financial crime. file an annual report under subsection (a)
(5) Any additional authorities needed by (b) PROHIBITIONS OR CONDITIONS ON CERTAIN does not file with the Commission a proxy
the Administrator to better prevent or re- TRANSMITTALS OF FUNDS.—Section 5318A of statement or an information statement re-
spond to such assaults and threats. title 31, United States Code, is amended— lating to the election of directors, the issuer
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H6360 CONGRESSIONAL RECORD — HOUSE July 13, 2022
shall disclose the information required under (f) INAPPLICABILITY OF FEDERAL ADVISORY ignated by the Bureau of Ocean Energy Man-
paragraph (2) in the first annual report of COMMITTEE ACT.—The Federal Advisory agement as of September 25, 2020.
issuer that the issuer submits to the Com- Committee Act (5 U.S.C. App.) shall not (b) WITHDRAWALS.—Any Presidential with-
mission after the end of that 1-year period. apply with respect to the Advisory Group or drawal of an area of the Outer Continental
‘‘(4) ANNUAL REPORT.—Not later than 18 the activities of the Advisory Group. Shelf from leasing under section 12(a) of the
months after the date of enactment of this AMENDMENT NO. 396 OFFERED BY MS. BROWNLEY Outer Continental Shelf Lands Act (43 U.S.C.
subsection, and annually thereafter, the OF CALIFORNIA 1341(a)) issued after the date of enactment of
Commission shall submit to the Committee At the end of title LI, insert the following this section shall apply only to leasing au-
on Banking, Housing, and Urban Affairs of new section: thorized under subsections (a) and (i) of sec-
the Senate and the Committee on Financial tion 8 of the Outer Continental Shelf Lands
SEC. 51ll. LIMITATION ON COPAYMENTS FOR
Services of the House of Representatives, CONTRACEPTION. Act (43 U.S.C. 1337(a) and 1337(i)), unless the
and publish on the website of the Commis- withdrawal explicitly applies to other leas-
Section 1722A(a)(2) of title 38, United
sion, a report that analyzes the information ing authorized under such Act.
States Code, is amended—
disclosed under paragraphs (2) and (3) and
(1) by striking ‘‘to pay’’ and all that fol- AMENDMENT NO. 400 OFFERED BY MS. WILLIAMS
identifies any trends with respect to such in-
lows through the period and inserting ‘‘to OF GEORGIA
formation.
pay—’’; and At the end of title LIII of division E, add
‘‘(5) BEST PRACTICES.—
(2) by adding at the end the following new the following:
‘‘(A) IN GENERAL.—The Director of the Of-
subparagraphs:
fice of Minority and Women Inclusion of the SEC. ll. PERMITTING USE OF HIGHWAY TRUST
‘‘(A) an amount in excess of the cost to the
Commission shall, not later than 3 years FUND FOR CONSTRUCTION OF CER-
Secretary for medication described in para- TAIN NOISE BARRIERS.
after the date of enactment of this sub-
graph (1); or
section, and every 3 years thereafter, publish (a) IN GENERAL.—Section 339(b) of the Na-
‘‘(B) an amount for any contraceptive item
best practices for compliance with this sub- tional Highway System Designation Act of
for which coverage under health insurance
section. 1995 (23 U.S.C. 109 note) is amended to read as
coverage is required without the imposition
‘‘(B) COMMENTS.—The Director of the Office follows:
of any cost-sharing requirement pursuant to
of Minority and Women Inclusion of the ‘‘(1) GENERAL RULE.—No funds made avail-
section 2713(a)(4) of the Public Health Serv-
Commission may, pursuant to subchapter II able out of the Highway Trust Fund may be
ice Act (42 U.S.C. 300gg–13(a)(4)).’’.
of chapter 5 of title 5, United States Code, used to construct a Type II noise barrier (as
solicit public comments related to the best AMENDMENT NO. 397 OFFERED BY MR. defined by section 772.5 of title 23, Code of
practices published under subparagraph GARAMENDI OF CALIFORNIA Federal Regulations) pursuant to sub-
(A).’’. At the end of subtitle B of title III, insert sections (h) and (i) of section 109 of title 23,
SEC. 5404. DIVERSITY ADVISORY GROUP. the following new section: United States Code.
(a) DEFINITIONS.—For the purposes of this SEC. 3ll. CLARIFICATION AND REQUIREMENT ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not
section: FOR DEPARTMENT OF DEFENSE RE- apply to construction or preservation of a
(1) ADVISORY GROUP.—The term ‘‘Advisory LATING TO RENEWABLE BIOMASS Type II noise barrier if such a barrier—
Group’’ means the Diversity Advisory Group AND BIOGAS.
‘‘(A) was not part of a project approved by
established under subsection (b). (a) CLARIFICATION OF RENEWABLE ENERGY the Secretary before November 28, 1995;
(2) COMMISSION.—The term ‘‘Commission’’ SOURCES.—Section 2924 of title 10, United ‘‘(B) is proposed along lands that were de-
means the Securities and Exchange Commis- States Code, is amended— veloped or were under substantial construc-
sion. (1) in paragraph (6)— tion before approval of the acquisition of the
(3) ISSUER.—The term ‘‘issuer’’ has the (A) by redesignating subparagraphs (D) rights-of-ways for, or construction of, the ex-
meaning given the term in section 3(a) of the through (I) as subparagraphs (E) through (J), isting highway; or
Securities Exchange Act of 1934 (15 U.S.C. respectively; and ‘‘(C) as determined and applied by the Sec-
78c(a)). (B) by inserting after subparagraph (C) the retary, separates a highway or other noise
(b) ESTABLISHMENT.—The Commission shall following new subparagraph: corridor from a group of structures of which
establish a Diversity Advisory Group, which ‘‘(D) Biogas.’’; and the majority of such structures closest to
shall be composed of representatives from— (2) by adding at the end the following new the highway or noise corridor—
(1) the Federal Government and State and paragraphs: ‘‘(i) are residential in nature; and
local governments; ‘‘(7) The term ‘biomass’ has the meaning ‘‘(ii) are at least 10 years old as of the date
(2) academia; and given the term ‘renewable biomass’ in sec- of the proposal of the barrier project.’’.
(3) the private sector. tion 211(o)(1) of the Clean Air Act (42 U.S.C. (b) ELIGIBILITY FOR SURFACE TRANSPOR-
(c) STUDY AND RECOMMENDATIONS.—The Ad- 7545(o)(1)), and the regulations thereunder. TATION BLOCK GRANT FUNDS.—Section 133 of
visory Group shall— ‘‘(8) The term ‘biogas’ means biogas as title 23, United States Code, is amended—
(1) carry out a study that identifies strate- such term is used in section (1) in subsection (b) by adding at the end
gies that can be used to increase gender iden- 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 the following:
tity, racial, ethnic, and sexual orientation U.S.C. 7545(o)(1)(B)(ii)(V)), and the regula- ‘‘(25) Planning, design, preservation, or
diversity among members of boards of direc- tions thereunder.’’. construction of a Type II noise barrier (as
tors of issuers; and (b) REQUIREMENT.—With respect to any en- described in section 772.5 of title 23, Code of
(2) not later than 270 days after the date on ergy-related activity carried out pursuant to Federal Regulations) and consistent with the
which the Advisory Group is established, chapter 173 of title 10, United States Code, requirements of section 339(b) of the Na-
submit to the Commission, the Committee biomass and biogas (as such terms are de- tional Highway System Designation Act of
on Banking, Housing, and Urban Affairs of fined in section 2924 of such title, as amended 1995 (23 U.S.C. 109 note).’’; and
the Senate, and the Committee on Financial by subsection (a)) shall be considered an eli- (2) in subsection (c)(2) by striking ‘‘and
Services of the House of Representatives a gible energy source for purposes of such ac- paragraph (23)’’ and inserting ‘‘, paragraph
report that— tivity. (23), and paragraph (25)’’.
(A) describes any findings from the study AMENDMENT NO. 398 OFFERED BY MS. ROSS OF (c) MULTIPURPOSE NOISE BARRIERS.—
conducted under paragraph (1); and NORTH CAROLINA (1) IN GENERAL.—The Secretary of Trans-
(B) makes recommendations regarding At the end of title LV, add the following: portation shall ensure that a noise barrier
strategies that issuers could use to increase
SEC. ll. LEASING ON THE OUTER CONTINENTAL constructed or preserved under section 339(b)
gender identity, racial, ethnic, and sexual SHELF. of the National Highway System Designation
orientation diversity among board members.
(d) ANNUAL REPORT.—Not later than 1 year (a) LEASING AUTHORIZED.—Notwithstanding Act of 1995 (23 U.S.C. 109 note) or with funds
after the date on which the Advisory Group the Presidential Memorandum entitled made available under title 23, United States
submits the report required under subsection ‘‘Memorandum on the Withdrawal of Certain Code, may be a multipurpose noise barrier.
(c)(2), and annually thereafter, the Commis- Areas of the United States Outer Conti- (2) STATE APPROVAL.—A State, on behalf of
sion shall submit to the Committee on Bank- nental Shelf from Leasing Disposition’’ the Secretary, may approve accommodation
ing, Housing, and Urban Affairs of the Sen- (issued September 8, 2020) and the Presi- of a secondary beneficial use on a noise bar-
ate and the Committee on Financial Services dential Memorandum entitled ‘‘Presidential rier within a right-of-way on a Federal-aid
of the House of Representatives a report that Determination on the Withdrawal of Certain highway.
describes the status of gender identity, ra- Areas of the United States Outer Conti- (3) DEFINITIONS.—In this subsection:
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cial, ethnic, and sexual orientation diversity nental Shelf from Leasing Disposition’’ (A) MULTIPURPOSE NOISE BARRIER.—The
among members of the boards of directors of (issued September 25, 2020), the Secretary of term ‘‘multipurpose noise barrier’’ means
issuers. the Interior is authorized to grant leases any noise barrier that provides a secondary
(e) PUBLIC AVAILABILITY OF REPORTS.—The pursuant to section 8(p)(1)(C) of the Outer beneficial use, including a barrier that hosts
Commission shall make all reports of the Ad- Continental Shelf Lands Act (43 U.S.C. or accommodates renewable energy genera-
visory Group available to issuers and the 1337(p)(1)(C)) in the South Atlantic Planning tion facilities, electrical transmission and
public, including on the website of the Com- Area, the Straits of Florida Planning Area, distribution infrastructure, or broadband in-
mission. and the Mid Atlantic Planning Area des- frastructure and conduit.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6361
(B) SECONDARY BENEFICIAL USE.—The term the alien on the date that is the priority years after the date of the enactment of this
‘‘secondary beneficial use’’ means an envi- date for the principal beneficiary and all de- Act.
ronmental, economic, or social benefit in ad- rivative beneficiaries under section 203(h). (ii) NUMERICAL LIMITATIONS.—Notwith-
dition to highway noise mitigation. ‘‘(B) For purposes of a petition under sec- standing any other provision of law, an indi-
(d) AESTHETICS.—A project sponsor con- tion 214(d) and a subsequent application for vidual granted relief pursuant to such mo-
structing or preserving a noise barrier under adjustment of status under section 245(d), tion to reopen or reconsider shall be exempt
section 339(b) of the National Highway Sys- such determination shall be made using the from numerical limitations in sections 201,
tem Designation Act of 1995 (23 U.S.C. 109 age of the alien on the date on which the pe- 202, and 203 of the Immigration and Nation-
note) or with funds made available under tition is filed with the Secretary of Home- ality Act (8 U.S.C. 1151, 1152, and 1153).
title 23, United States Code, shall consider land Security. (b) AGE OUT PROTECTIONS FOR NON-
the aesthetics of the proposed noise barrier, ‘‘(C) In the case of a petition under section IMMIGRANT DEPENDENT CHILDREN.—Section
consistent with latest version of the Noise 204 filed for an alien’s classification as a 214 of the Immigration and Nationality Act
Barrier Design Handbook published by the married son or daughter of a United States (8 U.S.C. 1184) is amended by adding at the
Federal Highway Administration of the De- citizen under section 203(a)(3), if the petition end the following:
partment of Transportation. is later converted, due to the legal termi- ‘‘(s)(1) Except as described in paragraph (2),
AMENDMENT NO. 401 OFFERED BY MRS. BEATTY
nation of the alien’s marriage, to a petition the determination of whether an alien who is
OF OHIO
to classify the alien as an immediate rel- the derivative beneficiary of a properly filed
ative under section 201(b)(2)(A)(i) or as an pending or approved immigrant petition
At the end title LIV add the following: unmarried son or daughter of a United under section 204 is eligible to be a depend-
SEC. 54ll. DISCOUNT ON MORTGAGE INSUR- States citizen under section 203(a)(1), the de-
ANCE PREMIUM PAYMENTS FOR
ent child of a nonimmigrant admitted pursu-
termination of the alien’s age shall be made ant to an approved employer petition under
FIRST-TIME HOMEBUYERS WHO
COMPLETE FINANCIAL LITERACY
using the age of the alien on the date of the this section or approved application under
HOUSING COUNSELING PROGRAMS. termination of the marriage. section 101(a)(15)(E), shall be based on wheth-
The second sentence of subparagraph (A) of ‘‘(D) For an alien who was in status as a er the alien is determined to be a child under
section 203(c)(2) of the National Housing Act dependent child of a nonimmigrant pursuant section 101(b)(6) of the Immigration and Na-
(12 U.S.C. 1709(c)(2)(A)) is amended— to an approved employment-based petition tionality Act.
under section 214 or an approved application ‘‘(2) If otherwise eligible, an alien who is
(1) by inserting before the comma the fol-
under section 101(a)(15)(E) for an aggregate determined to be a child pursuant to section
lowing: ‘‘and such program is completed be-
period of eight years prior to the age of 21, 101(b)(6)(D) may change status to or extend
fore the mortgagor has signed an application
notwithstanding subparagraphs (A) through status as a dependent child of a non-
for a mortgage to be insured under this title
(C), the alien’s age shall be based on the date immigrant with an approved employment
or a sales agreement’’; and
that such initial nonimmigrant employ- based petition under this section or an ap-
(2) by striking ‘‘not exceed 2.75 percent of
ment-based petition or application was filed. proved application under section
the amount of the original insured principal
‘‘(E) For an alien who has not sought to ac- 101(a)(15)(E), notwithstanding such alien’s
obligation of the mortgage’’ and inserting
quire status of an alien lawfully admitted for marital status.
‘‘be 25 basis points lower than the premium
permanent residence within two years of an ‘‘(3) An alien who is admitted to the United
payment amount established by the Sec- immigrant visa number becoming available
retary under the first sentence of this sub- States as a dependent child of a non-
to such alien, the alien’s age shall be their immigrant who is described in this section is
paragraph’’. biological age unless the failure to seek to
AMENDMENT NO. 402 OFFERED BY MS. SLOTKIN
authorized to engage in employment in the
acquire status was due to extraordinary cir- United States incident to status.’’.
OF MICHIGAN cumstances. (c) PRIORITY DATE RETENTION.—Section
Add at the end of title LVIII of division E ‘‘(7) An alien who has reached 21 years of
203(h) of the Immigration and Nationality
the following: age and has been admitted under section
Act (8 U.S.C. 1153(h)) is amended to read as
SEC. lll. SUPPORT FOR AFGHANS APPLYING 203(d) as a lawful permanent resident on a
follows:
FOR STUDENT VISAS. conditional basis as the child of an alien law-
‘‘(h) RETENTION OF PRIORITY DATES.—
(a) EXCEPTION WITH RESPECT TO RESI- fully admitted for permanent residence
‘‘(1) PRIORITY DATE.—The priority date for
DENCE.—To be eligible as a nonimmigrant de- under section 203(b)(5), whose lawful perma-
an alien shall be the date that is the earliest
scribed in section 101(a)(15)(F) of the Immi- nent resident status on a conditional basis is
of—
gration and Nationality Act (8 U.S.C. terminated under section 216A or section
‘‘(A) the date that a petition under section
1101(a)(15)(F)), a national of Afghanistan or a 203(b)(5)(M), shall continue to be considered
204 is filed with the Secretary of Homeland
person with no nationality who last habit- a child of the principal alien for the purpose
Security (or the Secretary of State, if appli-
ually resided in Afghanistan shall meet all of a subsequent immigrant petition by such
alien under section 203(b)(5) if the alien re- cable); or
requirements for such nonimmigrant status ‘‘(B) the date on which a labor certification
except they shall not need to demonstrate mains unmarried and the subsequent peti-
tion is filed by the principal alien not later is filed with the Secretary of Labor.
residence in Afghanistan or an intention not ‘‘(2) RETENTION.—The principal beneficiary
to abandon such residence. than 1 year after the termination of condi-
tional lawful permanent resident status. No and all derivative beneficiaries shall retain
(b) APPLICABILITY.— the priority date associated with the earliest
(1) IN GENERAL.—The exception under sub- alien shall be considered a child under this
paragraph with respect to more than 1 peti- of any approved petition or labor certifi-
section (a) shall apply beginning on the date cation and such priority date shall be appli-
of the enactment of this Act and ending on tion filed after the alien reaches 21 years of
age.’’. cable to any subsequently approved peti-
the date that is two years after the date of tion.’’.
the enactment of this Act. (2) TECHNICAL AND CONFORMING AMEND-
MENT.—Section 201 of the Immigration and SEC. 28ll. MEDICARE IMPROVEMENT FUND.
(2) EXTENSION.—The Secretary of Home-
Nationality Act (8 U.S.C. 1151) is amended by Section 1898(b)(1) of the Social Security
land Security, in consultation with the Sec-
striking subsection (f). Act (42 U.S.C. 1395iii(b)(1)) is amended by
retary of State, shall periodically review the
(3) EFFECTIVE DATE.— striking ‘‘$7,500,000,000’’ and inserting
country conditions in Afghanistan and may
(A) IN GENERAL.—The amendments made ‘‘$7,279,000,000’’.
renew the exception under subsection (a) in
18 month increments based on such condi- by this section shall be effective as if in- AMENDMENT NO. 404 OFFERED BY MR. CICILLINE
tions. cluded in the Child Status Protection Act OF RHODE ISLAND
(Public Law 107–208). At the end of title LIII of division E, add
AMENDMENT NO. 403 OFFERED BY MS. ROSS OF (B) MOTION TO REOPEN OR RECONSIDER.—
NORTH CAROLINA the following:
(i) IN GENERAL.—A motion to reopen or re-
SEC. 5306. ESTABLISHMENT OF SOUTHERN NEW
Add at the end of title LVIII of division E consider the denial of a petition or applica- ENGLAND REGIONAL COMMISSION.
the following: tion described in paragraph (6) of section
(a) ESTABLISHMENT.—Section 15301(a) of
SEC. 28ll. IMMIGRATION AGE-OUT PROTEC- 101(b), as amended in paragraph (1), may be
TIONS.
title 40, United States Code, is amended by
granted if—
adding at the end the following:
(a) AGE-OUT PROTECTIONS FOR IMMI- (I) such petition or application would have
‘‘(4) The Southern New England Regional
GRANTS.— been approved if the amendments described
Commission.’’.
(1) IN GENERAL.—Section 101(b) of the Im- in such paragraph had been in effect at the
(b) DESIGNATION OF REGION.—
migration and Nationality Act (8 U.S.C. time of adjudication of the petition or appli-
(1) IN GENERAL.—Subchapter II of chapter
rfrederick on DSKB3L4F33PROD with HOUSE
1101(b)) is amended by adding at the end the cation;
157 of such title is amended by adding at the
following: (II) the individual seeking relief pursuant
end the following:
‘‘(6) A determination of whether an alien is to such motion was in the United States at
a child shall be made as follows: the time the underlying petition or applica- ‘‘§ 15734. Southern New England Regional
‘‘(A) For purposes of a petition under sec- tion was filed; and Commission
tion 204 and a subsequent application for an (III) such motion is filed with the Sec- ‘‘The region of the Southern New England
immigrant visa or adjustment of status, such retary of Homeland Security or the Attorney Regional Commission shall include the fol-
determination shall be made using the age of General not later than the date that is 2 lowing counties:
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H6362 CONGRESSIONAL RECORD — HOUSE July 13, 2022
‘‘(1) RHODE ISLAND.—Each county in the (ii) Paint formulating, as identified in part AMENDMENT NO. 407 OFFERED BY MR. GOLDEN OF
State of Rhode Island. 446 of title 40, Code of Federal Regulations MAINE
‘‘(2) CONNECTICUT.—The counties of Hart- (or successor regulations).
At the end of title LVIII of division E, add
ford, New Haven, Windham, Tolland, Mid- (iii) Plastics molding and forming, as iden-
the following:
dlesex, and New London in the State of Con- tified in part 463 of title 40, Code of Federal
necticut. Regulations (or successor regulations). SECTION 5806. AMENDMENTS TO THE MAINE IN-
‘‘(3) MASSACHUSETTS.—The counties of DIAN CLAIMS SETTLEMENT ACT OF
(b) ADDITIONAL MONITORING REQUIRE- 1980.
Hampden, Plymouth, Barnstable, Essex, MENTS.—
Worcester, and Bristol in the State of Massa- (1) IN GENERAL.—Effective beginning on the (a) APPLICATION OF STATE LAWS.—The
chusetts.’’. date of enactment of this Act, the Adminis- Maine Indian Claims Settlement Act of 1980
(2) TECHNICAL AND CONFORMING AMEND- trator shall require monitoring of the dis- (Public Law 96–420) is amended—
MENT.—The analysis for Subchapter II of charges (including discharges into a publicly (1) in section 3—
chapter 157 of such title is amended by add- owned treatment works) of each measurable (A) in subsection (m), by striking ‘‘and’’ at
ing at the end the following: perfluoroalkyl substance, polyfluoroalkyl the end;
‘‘15734. Southern New England Regional substance, and class of those substances for (B) in subsection (n), by striking the period
Commission.’’. the point source categories and entities de- and inserting ‘‘; and’’; and
(c) AUTHORIZATION OF APPROPRIATIONS.— scribed in paragraph (2). The monitoring re- (C) by adding at the end the following:
The authorization of appropriations in sec- quirements under this paragraph shall be in- ‘‘(o) ‘Mi’kmaq Nation’ means the sole suc-
tion 15751 of title 40, United States Code, cluded in any permits issued under section cessor to the Micmac Nation as constituted
shall apply with respect to the Southern New 402 of the Federal Water Pollution Control in aboriginal times in what is now the State
England Regional Commission beginning Act (33 U.S.C. 1342) after the date of enact- of Maine, and all its predecessors and succes-
with fiscal year 2023. ment of this Act. sors in interest, and which is represented, as
AMENDMENT NO. 405 OFFERED BY MR. PAPPAS OF (2) CATEGORIES DESCRIBED.—The point of the date of enactment of this subsection,
NEW HAMPSHIRE source categories and entities referred to in as to lands within the United States, by the
At the end of title LVIII of division E, in- paragraphs (1) and (3) are each of the fol- Mi’kmaq Council.’’; and
sert the following: lowing: (2) in section 6—
SEC. lll. CLEAN WATER ACT EFFLUENT LIMI- (A) Pulp, paper, and paperboard, as identi- (A) in subsection (a), by striking ‘‘provided
TATIONS GUIDELINES AND STAND- fied in part 430 of title 40, Code of Federal in section 8(e) and section 5(d)(4)’’ and insert-
ARDS AND WATER QUALITY CRI- Regulations (or successor regulations). ing ‘‘otherwise provided in this Act’’; and
TERIA FOR PFAS. (B) Airports (as defined in section 47102 of (B) in subsection (h)—
(a) DEADLINES.— title 49, United States Code). (i) by striking ‘‘Except as other wise pro-
(1) WATER QUALITY CRITERIA.—Not later (3) DETERMINATION.— vided in this Act, the’’ and inserting ‘‘The’’;
than the date that is 3 years after the date (A) IN GENERAL.—Not later than December (ii) in the first sentence, by inserting ‘‘or
of enactment of this Act, the Administrator 31, 2023, the Administrator shall make a de- enacted for the benefit of’’ before ‘‘Indians,
shall publish in the Federal Register human termination— Indian nations’’;
health water quality criteria under section (i) to commence developing effluent limi- (iii) by inserting ‘‘that is in effect as of the
304(a)(1) of the Federal Water Pollution Con- tations and standards for the point source date of the enactment of the Advancing
trol Act (33 U.S.C. 1314(a)(1)) to address each categories and entities listed in paragraph Equality for Wabanaki Nations Act, (2)’’
measurable perfluoroalkyl substance, (2); or after ‘‘United States (1)’’;
polyfluoroalkyl substance, and class of those (ii) that effluent limitations and standards (iv) by striking ‘‘also (2)’’ and inserting
substances. are not feasible for those point source cat- ‘‘also (3)’’; and
(2) EFFLUENT LIMITATIONS GUIDELINES AND egories and entities, including an expla- (v) by striking ‘‘within the State’’ and in-
STANDARDS FOR PRIORITY INDUSTRY CAT- nation of the reasoning for this determina- serting ‘‘within the State, unless Federal law
EGORIES.—Not later than the following dates, tion. or the State laws of Maine provide for the
the Administrator shall publish in the Fed- (B) REQUIREMENT.—Any effluent limita- application of such Federal law or regula-
eral Register a final rule establishing efflu- tions and standards for the point source cat- tion’’.
ent limitations guidelines and standards, in egories and entities listed in paragraph (2) (b) IMPLEMENTATION OF THE INDIAN CHILD
accordance with the Federal Water Pollution shall be published in the Federal Register by WELFARE ACT.—Section 8 of the Maine In-
Control Act (33 U.S.C. 1251 et seq.), for each not later than December 31, 2027. dian Claims Settlement Act of 1980 (Public
of the following industry categories for the (c) NOTIFICATION.—The Administrator shall Law 96–420) is amended—
discharge (including a discharge into a pub- notify the Committee on Transportation and (1) in subsection (a)—
licly owned treatment works) of each meas- Infrastructure of the House of Representa- (A) by striking ‘‘or’’ after ‘‘Passamaquoddy
urable perfluoroalkyl substance, tives and the Committee on Environment Tribe’’ and inserting a comma;
polyfluoroalkyl substance, or class of those and Public Works of the Senate of each pub- (B) by inserting ‘‘, the Houlton Band of
substances: lication made under this section. Maliseet Indians, or the Mi’kmaq Nation’’
(A) DURING CALENDAR YEAR 2024.—Not later after ‘‘Penobscot Nation’’; and
than June 30, 2024, for the following point (d) AUTHORIZATION OF APPROPRIATIONS.—
There is authorized to be appropriated to the (C) in the second sentence, by striking ‘‘re-
source categories:
Administrator to carry out this section spective tribe or nation’’ each place it ap-
(i) Organic chemicals, plastics, and syn-
$12,000,000 for fiscal year 2023, to remain pears and inserting ‘‘respective tribe, nation,
thetic fibers, as identified in part 414 of title
available until expended. or band’’;
40, Code of Federal Regulations (or successor
(2) in subsection (b)—
regulations). (e) DEFINITIONS.—In this section:
(A) by striking ‘‘or’’ after ‘‘Passamaquoddy
(ii) Electroplating, as identified in part 413 (1) The term ‘‘Administrator’’ means the
Tribe’’ and inserting a comma; and
of title 40, Code of Federal Regulations (or Administrator of the Environmental Protec-
(B) by inserting ‘‘, the Houlton Band of
successor regulations). tion Agency.
Maliseet Indians, or the Mi’kmaq Nation’’
(iii) Metal finishing, as identified in part (2) The term ‘‘effluent limitation’’ has the
after ‘‘Penobscot Nation’’;
433 of title 40, Code of Federal Regulations meaning given the term in section 502 of the
(3) by striking subsection (e);
(or successor regulations). Federal Water Pollution Control Act (33
(4) by redesignating subsection (f) as sub-
(B) DURING CALENDAR YEAR 2025.—Not later U.S.C. 1362).
section (e); and
than June 30, 2025, for the following point (3) The term ‘‘measurable’’, with respect to
(5) in subsection (e), as so redesignated—
source categories: a chemical substance or class of chemical
(A) by striking ‘‘or’’ after ‘‘Passamaquoddy
(i) Textile mills, as identified in part 410 of substances, means capable of being measured
Tribe’’ and inserting a comma;
title 40, Code of Federal Regulations (or suc- using test procedures established under sec-
(B) by inserting ‘‘, the Houlton Band of
cessor regulations). tion 304(h) of the Federal Water Pollution
Maliseet Indians, or the Mi’kmaq Nation’’
(ii) Electrical and electronic components, Control Act (33 U.S.C. 1314(h)).
after ‘‘Penobscot Nation’’; and
as identified in part 469 of title 40, Code of (4) The term ‘‘perfluoroalkyl substance’’
(C) by striking ‘‘or nation’’ and inserting
Federal Regulations (or successor regula- means a chemical of which all of the carbon
‘‘, nation, or band’’.
tions). atoms are fully fluorinated carbon atoms.
(iii) Landfills, as identified in part 445 of (5) The term ‘‘polyfluoroalkyl substance’’ (c) CONSTRUCTION.—Section 16 of the Maine
rfrederick on DSKB3L4F33PROD with HOUSE
title 40, Code of Federal Regulations (or suc- means a chemical containing at least 1 fully Indian Claims Settlement Act of 1980 (Public
cessor regulations). fluorinated carbon atom and at least 1 car- Law 96–420) is amended—
(C) DURING CALENDAR YEAR 2026.—Not later bon atom that is not a fully fluorinated car- (1) by striking ‘‘(a)’’ at the beginning; and
than December 31, 2026, for the following bon atom. (2) by striking subsection (b).
point source categories: (6) The term ‘‘treatment works’’ has the (d) AROOSTOOK BAND OF MICMACS SETTLE-
(i) Leather tanning and finishing, as iden- meaning given the term in section 212 of the MENT ACT.—Section 8 of the Aroostook Band
tified in part 425 of title 40, Code of Federal Federal Water Pollution Control Act (33 of Micmacs Settlement Act (Public Law 102–
Regulations (or successor regulations). U.S.C. 1292). 171) is repealed.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6363
AMENDMENT NO. 408 OFFERED BY MR. (B) the account holder later becomes an (2) for further investing any income de-
PERLMUTTER OF COLORADO employee, owner, or operator of a cannabis- rived from such a financial service.
Page 1254, after line 16, insert the fol- related legitimate business or service pro- (b) PROTECTIONS FOR FEDERAL RESERVE
lowing: vider; or BANKS AND FEDERAL HOME LOAN BANKS.—
Subtitle A—In General (C) the depository institution was not With respect to providing a service to a de-
aware that the account holder is an em- pository institution that provides a financial
Page 1262, after line 23, insert the fol-
ployee, owner, or operator of a cannabis-re- service to a cannabis-related legitimate busi-
lowing:
lated legitimate business or service provider; ness (where such cannabis-related legitimate
Subtitle B—SAFE Banking (4) take any adverse or corrective super- business operates within a State, political
SEC. 5421. SHORT TITLE; TABLE OF CONTENTS; visory action on a loan made to— subdivision of a State, or Indian country
PURPOSE. (A) a cannabis-related legitimate business that allows the cultivation, production,
(a) SHORT TITLE.—This subtitle may be or service provider, solely because the busi- manufacture, sale, transportation, display,
cited as the ‘‘Secure And Fair Enforcement ness is a cannabis-related legitimate busi- dispensing, distribution, or purchase of can-
Banking Act of 2022’’ or the ‘‘SAFE Banking ness or service provider; nabis pursuant to a law or regulation of such
Act of 2022’’. (B) an employee, owner, or operator of a State, political subdivision, or Indian Tribe
(b) TABLE OF CONTENTS.—The table of con- cannabis-related legitimate business or serv- that has jurisdiction over the Indian coun-
tents for this subtitle is as follows: ice provider, solely because the employee, try, as applicable) or service provider (wher-
Subtitle B—SAFE Banking owner, or operator is employed by, owns, or ever located), a Federal reserve bank or Fed-
Sec. 5421. Short title; table of contents; pur- operates a cannabis-related legitimate busi- eral Home Loan Bank, and the officers, di-
pose. ness or service provider, as applicable; or rectors, and employees of the Federal reserve
Sec. 5422. Safe harbor for depository institu- (C) an owner or operator of real estate or bank or Federal Home Loan Bank, may not
tions. equipment that is leased to a cannabis-re- be held liable pursuant to any Federal law or
Sec. 5423. Protections for ancillary busi- lated legitimate business or service provider, regulation—
nesses. solely because the owner or operator of the (1) solely for providing such a service; or
Sec. 5424. Protections under Federal law. real estate or equipment leased the equip- (2) for further investing any income de-
Sec. 5425. Rules of construction. ment or real estate to a cannabis-related le- rived from such a service.
Sec. 5426. Requirements for filing suspicious gitimate business or service provider, as ap- (c) PROTECTIONS FOR INSURERS.—With re-
activity reports. plicable; or spect to engaging in the business of insur-
Sec. 5427. Guidance and examination proce- (5) prohibit or penalize a depository insti- ance within a State, political subdivision of
dures. tution (or entity performing a financial serv- a State, or Indian country that allows the
Sec. 5428. Annual diversity and inclusion re- ice for or in association with a depository in- cultivation, production, manufacture, sale,
port. stitution) for, or otherwise discourage a de- transportation, display, dispensing, distribu-
Sec. 5429. GAO study on diversity and inclu- pository institution (or entity performing a tion, or purchase of cannabis pursuant to a
sion. financial service for or in association with a law or regulation of such State, political
Sec. 5430. GAO study on effectiveness of cer- depository institution) from, engaging in a subdivision, or Indian Tribe that has juris-
tain reports on finding certain financial service for a cannabis-related le- diction over the Indian country, as applica-
persons. gitimate business or service provider. ble, an insurer that engages in the business
Sec. 5431. Application of this subtitle with (b) SAFE HARBOR APPLICABLE TO DE NOVO of insurance with a cannabis-related legiti-
respect to hemp-related legiti- INSTITUTIONS.—Subsection (a) shall apply to mate business or service provider or who
mate businesses and hemp-re- an institution applying for a depository in- otherwise engages with a person in a trans-
lated service providers. stitution charter to the same extent as such action permissible under State law related
Sec. 5432. Banking services for hemp-related
subsection applies to a depository institu- to cannabis, and the officers, directors, and
legitimate businesses and
tion. employees of that insurer may not be held
hemp-related service providers.
Sec. 5433. Requirements for deposit account SEC. 5423. PROTECTIONS FOR ANCILLARY BUSI- liable pursuant to any Federal law or regula-
termination requests and or-
NESSES. tion—
ders. For the purposes of sections 1956 and 1957 (1) solely for engaging in the business of in-
Sec. 5434. Definitions. of title 18, United States Code, and all other surance; or
Sec. 5435. Discretionary surplus funds. provisions of Federal law, the proceeds from (2) for further investing any income de-
(c) PURPOSE.—The purpose of this subtitle a transaction involving activities of a can- rived from the business of insurance.
is to increase public safety by ensuring ac- nabis-related legitimate business or service (d) FORFEITURE.—
cess to financial services to cannabis-related provider shall not be considered proceeds (1) DEPOSITORY INSTITUTIONS.—A depository
legitimate businesses and service providers from an unlawful activity solely because— institution that has a legal interest in the
and reducing the amount of cash at such (1) the transaction involves proceeds from collateral for a loan or another financial
businesses. a cannabis-related legitimate business or service provided to an owner, employee, or
SEC. 5422. SAFE HARBOR FOR DEPOSITORY IN- service provider; or operator of a cannabis-related legitimate
STITUTIONS. (2) the transaction involves proceeds business or service provider, or to an owner
(a) IN GENERAL.—A Federal banking regu- from— or operator of real estate or equipment that
lator may not— (A) cannabis-related activities described in is leased or sold to a cannabis-related legiti-
(1) terminate or limit the deposit insur- section 5434(4)(B) conducted by a cannabis- mate business or service provider, shall not
ance or share insurance of a depository insti- related legitimate business; or be subject to criminal, civil, or administra-
tution under the Federal Deposit Insurance (B) activities described in section tive forfeiture of that legal interest pursuant
Act (12 U.S.C. 1811 et seq.), the Federal Cred- 5434(13)(A) conducted by a service provider. to any Federal law for providing such loan or
it Union Act (12 U.S.C. 1751 et seq.), or take SEC. 5424. PROTECTIONS UNDER FEDERAL LAW. other financial service.
any other adverse action against a deposi- (a) IN GENERAL.—With respect to providing (2) FEDERAL RESERVE BANKS AND FEDERAL
tory institution under section 8 of the Fed- a financial service to a cannabis-related le- HOME LOAN BANKS.—A Federal reserve bank
eral Deposit Insurance Act (12 U.S.C. 1818) gitimate business (where such cannabis-re- or Federal Home Loan Bank that has a legal
solely because the depository institution lated legitimate business operates within a interest in the collateral for a loan or an-
provides or has provided financial services to State, political subdivision of a State, or In- other financial service provided to a deposi-
a cannabis-related legitimate business or dian country that allows the cultivation, tory institution that provides a financial
service provider; production, manufacture, sale, transpor- service to a cannabis-related legitimate busi-
(2) prohibit, penalize, or otherwise discour- tation, display, dispensing, distribution, or ness or service provider, or to an owner or
age a depository institution from providing purchase of cannabis pursuant to a law or operator of real estate or equipment that is
financial services to a cannabis-related le- regulation of such State, political subdivi- leased or sold to a cannabis-related legiti-
gitimate business or service provider or to a sion, or Indian Tribe that has jurisdiction mate business or service provider, shall not
State, political subdivision of a State, or In- over the Indian country, as applicable) or a be subject to criminal, civil, or administra-
dian Tribe that exercises jurisdiction over service provider (wherever located), a deposi- tive forfeiture of that legal interest pursuant
cannabis-related legitimate businesses; tory institution, entity performing a finan- to any Federal law for providing such loan or
(3) recommend, incentivize, or encourage a cial service for or in association with a de- other financial service.
depository institution not to offer financial pository institution, or insurer that provides SEC. 5425. RULES OF CONSTRUCTION.
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services to an account holder, or to down- a financial service to a cannabis-related le- (a) NO REQUIREMENT TO PROVIDE FINANCIAL
grade or cancel the financial services offered gitimate business or service provider, and SERVICES.—Nothing in this subtitle shall re-
to an account holder solely because— the officers, directors, and employees of that quire a depository institution, entity per-
(A) the account holder is a cannabis-re- depository institution, entity, or insurer forming a financial service for or in associa-
lated legitimate business or service provider, may not be held liable pursuant to any Fed- tion with a depository institution, or insurer
or is an employee, owner, or operator of a eral law or regulation— to provide financial services to a cannabis-
cannabis-related legitimate business or serv- (1) solely for providing such a financial related legitimate business, service provider,
ice provider; service; or or any other business.
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H6364 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(b) GENERAL EXAMINATION, SUPERVISORY, tions Examination Council shall develop uni- ricultural Improvement Act of 2018 (Public
AND ENFORCEMENT AUTHORITY.—Nothing in form guidance and examination procedures Law 115–334) and the regulations issued to
this subtitle may be construed in any way as for depository institutions that provide fi- implement such Act by the Department of
limiting or otherwise restricting the general nancial services to cannabis-related legiti- Agriculture, where applicable, and the law of
examination, supervisory, and enforcement mate businesses and service providers. a State or political subdivision thereof or In-
authority of the Federal banking regulators, SEC. 5428. ANNUAL DIVERSITY AND INCLUSION dian Tribe; and
provided that the basis for any supervisory REPORT. (B) participates in any business or orga-
or enforcement action is not the provision of The Federal banking regulators shall issue nized activity that involves handling hemp,
financial services to a cannabis-related le- an annual report to Congress containing— hemp-derived CBD products, and other hemp-
gitimate business or service provider. (1) information and data on the avail- derived cannabinoid products, including cul-
(c) BUSINESS OF INSURANCE.—Nothing in ability of access to financial services for mi- tivating, producing, extracting, manufac-
this subtitle shall interfere with the regula- nority-owned and women-owned cannabis-re- turing, selling, transporting, displaying, dis-
tion of the business of insurance in accord- lated legitimate businesses; and pensing, distributing, or purchasing hemp,
ance with the Act of March 9, 1945 (59 Stat. (2) any regulatory or legislative rec- hemp-derived CBD products, and other hemp-
33, chapter 20; 15 U.S.C. 1011 et seq.) (com- ommendations for expanding access to finan- derived cannabinoid products.
monly known as the ‘‘McCarran-Ferguson cial services for minority-owned and women- (4) HEMP-RELATED SERVICE PROVIDER.—The
Act’’) and the Dodd-Frank Wall Street Re- owned cannabis-related legitimate busi- term ‘‘hemp-related service provider’’—
form and Consumer Protection Act (12 U.S.C. nesses. (A) means a business, organization, or
5301 et seq.). SEC. 5429. GAO STUDY ON DIVERSITY AND INCLU- other person that—
SEC. 5426. REQUIREMENTS FOR FILING SUS- SION.
PICIOUS ACTIVITY REPORTS.
(i) sells goods or services to a hemp-related
(a) STUDY.—The Comptroller General of legitimate business; or
Section 5318(g) of title 31, United States the United States shall carry out a study on
Code, is amended by adding at the end the (ii) provides any business services, includ-
the barriers to marketplace entry, including ing the sale or lease of real or any other
following: in the licensing process, and the access to fi-
‘‘(5) REQUIREMENTS FOR CANNABIS-RELATED property, legal or other licensed services, or
nancial services for potential and existing any other ancillary service, relating to
LEGITIMATE BUSINESSES.— minority-owned and women-owned cannabis-
‘‘(A) IN GENERAL.—With respect to a finan- hemp, hemp-derived CBD products, or other
related legitimate businesses.
cial institution or any director, officer, em- hemp-derived cannabinoid products; and
(b) REPORT.—The Comptroller General
ployee, or agent of a financial institution shall issue a report to the Congress— (B) does not include a business, organiza-
that reports a suspicious transaction pursu- (1) containing all findings and determina- tion, or other person that participates in any
ant to this subsection, if the reason for the tions made in carrying out the study re- business or organized activity that involves
report relates to a cannabis-related legiti- quired under subsection (a); and handling hemp, hemp-derived CBD products,
mate business or service provider, the report (2) containing any regulatory or legislative or other hemp-derived cannabinoid products,
shall comply with appropriate guidance recommendations for removing barriers to including cultivating, producing, manufac-
issued by the Financial Crimes Enforcement marketplace entry, including in the licens- turing, selling, transporting, displaying, dis-
Network. Not later than the end of the 180- ing process, and expanding access to finan- pensing, distributing, or purchasing hemp,
day period beginning on the date of enact- cial services for potential and existing mi- hemp-derived CBD products, and other hemp-
ment of this paragraph, the Secretary shall nority-owned and women-owned cannabis-re- derived cannabinoid products.
update the February 14, 2014, guidance titled lated legitimate businesses. SEC. 5432. BANKING SERVICES FOR HEMP-RE-
‘BSA Expectations Regarding Marijuana-Re- SEC. 5430. GAO STUDY ON EFFECTIVENESS OF LATED LEGITIMATE BUSINESSES
lated Businesses’ (FIN–2014–G001) to ensure CERTAIN REPORTS ON FINDING AND HEMP-RELATED SERVICE PRO-
that the guidance is consistent with the pur- CERTAIN PERSONS. VIDERS.
pose and intent of the SAFE Banking Act of Not later than 2 years after the date of the (a) FINDINGS.—The Congress finds that—
2022 and does not significantly inhibit the enactment of this Act, the Comptroller Gen- (1) the Agriculture Improvement Act of
provision of financial services to a cannabis- eral of the United States shall carry out a 2018 (Public Law 115–334) legalized hemp by
related legitimate business or service pro- study on the effectiveness of reports on sus- removing it from the definition of ‘‘mari-
vider in a State, political subdivision of a picious transactions filed pursuant to sec-
huana’’ under the Controlled Substances
State, or Indian country that has allowed tion 5318(g) of title 31, United States Code, at
Act;
the cultivation, production, manufacture, finding individuals or organizations sus-
(2) despite the legalization of hemp, some
transportation, display, dispensing, distribu- pected or known to be engaged with
hemp businesses (including producers, manu-
tion, sale, or purchase of cannabis pursuant transnational criminal organizations and
whether any such engagement exists in a facturers, and retailers) continue to have dif-
to law or regulation of such State, political ficulty gaining access to banking products
subdivision, or Indian Tribe that has juris- State, political subdivision, or Indian Tribe
that has jurisdiction over Indian country and services; and
diction over the Indian country. (3) businesses involved in the sale of hemp-
‘‘(B) DEFINITIONS.—For purposes of this that allows the cultivation, production,
manufacture, sale, transportation, display, derived CBD products are particularly af-
paragraph: fected, due to confusion about the legal sta-
dispensing, distribution, or purchase of can-
‘‘(i) CANNABIS.—The term ‘cannabis’ has tus of such products.
nabis. The study shall examine reports on
the meaning given the term ‘marihuana’ in
suspicious transactions as follows: (b) FEDERAL BANKING REGULATORS’ HEMP
section 102 of the Controlled Substances Act
(1) During the period of 2014 until the date BANKING GUIDANCE.—Not later than the end
(21 U.S.C. 802).
of the enactment of this Act, reports relat- of the 90-day period beginning on the date of
‘‘(ii) CANNABIS-RELATED LEGITIMATE BUSI-
ing to marijuana-related businesses. enactment of this Act, the Federal banking
NESS.—The term ‘cannabis-related legiti-
(2) During the 1-year period after date of regulators shall update their existing guid-
mate business’ has the meaning given that
the enactment of this Act, reports relating ance, as applicable, regarding the provision
term in section 5434 of the SAFE Banking
to cannabis-related legitimate businesses. of financial services to hemp-related legiti-
Act of 2022.
‘‘(iii) INDIAN COUNTRY.—The term ‘Indian
SEC. 5431. APPLICATION OF THIS SUBTITLE WITH mate businesses and hemp-related service
RESPECT TO HEMP-RELATED LE- providers to address—
country’ has the meaning given that term in GITIMATE BUSINESSES AND HEMP-
section 1151 of title 18. (1) compliance with financial institutions’
RELATED SERVICE PROVIDERS.
‘‘(iv) INDIAN TRIBE.—The term ‘Indian existing obligations under Federal laws and
(a) IN GENERAL.—The provisions of this implementing regulations determined rel-
Tribe’ has the meaning given that term in subtitle (other than sections 5426 and 5430)
section 102 of the Federally Recognized In- evant by the Federal banking regulators, in-
shall apply with respect to hemp-related le-
dian Tribe List Act of 1994 (25 U.S.C. 479a). cluding subchapter II of chapter 53 of title 31,
gitimate businesses and hemp-related service
‘‘(v) FINANCIAL SERVICE.—The term ‘finan- United States Code, and its implementing
providers in the same manner as such provi-
cial service’ has the meaning given that regulation in conformity with this subtitle
sions apply with respect to cannabis-related
term in section 5434 of the SAFE Banking legitimate businesses and service providers. and the Department of Agriculture’s rules
Act of 2022. (b) DEFINITIONS.—In this section: regulating domestic hemp production (7 CFR
‘‘(vi) SERVICE PROVIDER.—The term ‘service (1) CBD.—The term ‘‘CBD’’ means 990); and
provider’ has the meaning given that term in cannabidiol. (2) best practices for financial institutions
section 5434 of the SAFE Banking Act of 2022. (2) HEMP.—The term ‘‘hemp’’ has the to follow when providing financial services,
‘‘(vii) STATE.—The term ‘State’ means meaning given that term under section 297A including processing payments, to hemp-re-
lated legitimate businesses and hemp-related
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each of the several States, the District of Co- of the Agricultural Marketing Act of 1946 (7
lumbia, the Commonwealth of Puerto Rico, U.S.C. 1639o). service providers.
and any territory or possession of the United (3) HEMP-RELATED LEGITIMATE BUSINESS.— (c) DEFINITIONS.—In this section:
States.’’. The term ‘‘hemp-related legitimate busi- (1) FINANCIAL INSTITUTION.—The term ‘‘fi-
SEC. 5427. GUIDANCE AND EXAMINATION PROCE- ness’’ means a manufacturer, producer, or nancial institution’’—
DURES. any person or company that— (A) has the meaning given that term under
Not later than 180 days after the date of (A) engages in any activity described in section 5312(a) of title 31, United States
enactment of this Act, the Financial Institu- subparagraph (B) in conformity with the Ag- Code; and
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6365
(B) includes a bank holding company, as or are otherwise described under subsection each of the Board of Governors of the Fed-
defined under section 2(a) of the Bank Hold- (a)(2), neither the depository institution nor eral Reserve System, the Bureau of Con-
ing Company Act of 1956 (12 U.S.C. 1841(a)). the appropriate Federal banking agency may sumer Financial Protection, the Federal De-
(2) HEMP TERMS.—The terms ‘‘CBD’’, inform the customer or customers of the jus- posit Insurance Corporation, the Federal
‘‘hemp’’, ‘‘hemp-related legitimate busi- tification for the customer’s account termi- Housing Finance Agency, the Financial
ness’’, and ‘‘hemp-related service provider’’ nation. Crimes Enforcement Network, the Office of
have the meaning given those terms, respec- (B) NOTICE PROHIBITED IN OTHER CASES.—If Foreign Asset Control, the Office of the
tively, under section 5431. an appropriate Federal banking agency de- Comptroller of the Currency, the National
SEC. 5433. REQUIREMENTS FOR DEPOSIT AC- termines that the notice required under Credit Union Administration, the Depart-
COUNT TERMINATION REQUESTS paragraph (1) may interfere with an author- ment of the Treasury, or any Federal agency
AND ORDERS. ized criminal investigation, neither the de- or department that regulates banking or fi-
(a) TERMINATION REQUESTS OR ORDERS pository institution nor the appropriate Fed- nancial services, as determined by the Sec-
MUST BE VALID.— eral banking agency may inform the specific retary of the Treasury.
(1) IN GENERAL.—An appropriate Federal customer or group of customers of the jus- (7) FINANCIAL SERVICE.—The term ‘‘finan-
banking agency may not formally or infor- tification for the customer’s account termi- cial service’’—
mally request or order a depository institu- nation. (A) means a financial product or service, as
tion to terminate a specific customer ac- (d) REPORTING REQUIREMENT.—Each appro- defined in section 1002 of the Dodd-Frank
count or group of customer accounts or to priate Federal banking agency shall issue an Wall Street Reform and Consumer Protec-
otherwise restrict or discourage a depository annual report to the Congress stating— tion Act (12 U.S.C. 5481), regardless if the
institution from entering into or maintain- (1) the aggregate number of specific cus- customer receiving the product or service is
ing a banking relationship with a specific tomer accounts that the agency requested or a consumer or commercial entity;
customer or group of customers unless— ordered a depository institution to termi- (B) means a financial product or service, or
(A) the agency has a valid reason for such nate during the previous year; and any combination of products and services,
request or order; and (2) the legal authority on which the agency permitted to be provided by—
(B) such reason is not based solely on rep- relied in making such requests and orders (i) a national bank or a financial sub-
utation risk. and the frequency on which the agency relied sidiary pursuant to the authority provided
(2) TREATMENT OF NATIONAL SECURITY on each such authority. under—
THREATS.—If an appropriate Federal banking (e) DEFINITIONS.—For purposes of this sec- (I) the provision designated ‘‘Seventh’’ of
agency believes a specific customer or group tion: section 5136 of the Revised Statutes of the
of customers is, or is acting as a conduit for, (1) APPROPRIATE FEDERAL BANKING AGEN- United States (12 U.S.C. 24); or
an entity which— CY.—The term ‘‘appropriate Federal banking (II) section 5136A of the Revised Statutes
(A) poses a threat to national security; agency’’ means— of the United States (12 U.S.C. 24a); and
(B) is involved in terrorist financing; (A) the appropriate Federal banking agen- (ii) a Federal credit union, pursuant to the
(C) is an agency of the Government of Iran, cy, as defined under section 3 of the Federal authority provided under the Federal Credit
North Korea, Syria, or any country listed Deposit Insurance Act (12 U.S.C. 1813); and Union Act;
from time to time on the State Sponsors of (B) the National Credit Union Administra- (C) includes the business of insurance;
Terrorism list; tion, in the case of an insured credit union. (D) includes, whether performed directly or
(D) is located in, or is subject to the juris- (2) DEPOSITORY INSTITUTION.—The term indirectly, the authorizing, processing,
diction of, any country specified in subpara- ‘‘depository institution’’ means— clearing, settling, billing, transferring for
graph (C); or (A) a depository institution, as defined deposit, transmitting, delivering, instructing
(E) does business with any entity described under section 3 of the Federal Deposit Insur- to be delivered, reconciling, collecting, or
in subparagraph (C) or (D), unless the appro- ance Act (12 U.S.C. 1813); and otherwise effectuating or facilitating of pay-
priate Federal banking agency determines (B) an insured credit union. ments or funds, where such payments or
that the customer or group of customers has SEC. 5434. DEFINITIONS. funds are made or transferred by any means,
used due diligence to avoid doing business In this subtitle: including by the use of credit cards, debit
with any entity described in subparagraph (1) BUSINESS OF INSURANCE.—The term cards, other payment cards, or other access
(C) or (D), ‘‘business of insurance’’ has the meaning devices, accounts, original or substitute
such belief shall satisfy the requirement given such term in section 1002 of the Dodd- checks, or electronic funds transfers;
under paragraph (1). Frank Wall Street Reform and Consumer (E) includes acting as a money transmit-
(b) NOTICE REQUIREMENT.— Protection Act (12 U.S.C. 5481). ting business which directly or indirectly
(1) IN GENERAL.—If an appropriate Federal (2) CANNABIS.—The term ‘‘cannabis’’ has makes use of a depository institution in con-
banking agency formally or informally re- the meaning given the term ‘‘marihuana’’ in nection with effectuating or facilitating a
quests or orders a depository institution to section 102 of the Controlled Substances Act payment for a cannabis-related legitimate
terminate a specific customer account or a (21 U.S.C. 802). business or service provider in compliance
group of customer accounts, the agency (3) CANNABIS PRODUCT.—The term ‘‘can- with section 5330 of title 31, United States
shall— nabis product’’ means any article which con- Code, and any applicable State law; and
(A) provide such request or order to the in- tains cannabis, including an article which is (F) includes acting as an armored car serv-
stitution in writing; and a concentrate, an edible, a tincture, a can- ice for processing and depositing with a de-
(B) accompany such request or order with nabis-infused product, or a topical. pository institution or a Federal reserve
a written justification for why such termi- (4) CANNABIS-RELATED LEGITIMATE BUSI- bank with respect to any monetary instru-
nation is needed, including any specific laws NESS.—The term ‘‘cannabis-related legiti- ments (as defined under section 1956(c)(5) of
or regulations the agency believes are being mate business’’ means a manufacturer, pro- title 18, United States Code.
violated by the customer or group of cus- ducer, or any person or company that— (8) INDIAN COUNTRY.—The term ‘‘Indian
tomers, if any. (A) engages in any activity described in country’’ has the meaning given that term in
(2) JUSTIFICATION REQUIREMENT.—A jus- subparagraph (B) pursuant to a law estab- section 1151 of title 18.
tification described under paragraph (1)(B) lished by a State or a political subdivision of (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
may not be based solely on the reputation a State, as determined by such State or po- has the meaning given that term in section
risk to the depository institution. litical subdivision; and 102 of the Federally Recognized Indian Tribe
(c) CUSTOMER NOTICE.— (B) participates in any business or orga- List Act of 1994 (25 U.S.C. 479a).
(1) NOTICE REQUIRED.—Except as provided nized activity that involves handling can- (10) INSURER.—The term ‘‘insurer’’ has the
under paragraph (2) or as otherwise prohib- nabis or cannabis products, including culti- meaning given that term under section 313(r)
ited from being disclosed by law, if an appro- vating, producing, manufacturing, selling, of title 31, United States Code.
priate Federal banking agency orders a de- transporting, displaying, dispensing, distrib- (11) MANUFACTURER.—The term ‘‘manufac-
pository institution to terminate a specific uting, or purchasing cannabis or cannabis turer’’ means a person who manufactures,
customer account or a group of customer ac- products. compounds, converts, processes, prepares, or
counts, the depository institution shall in- (5) DEPOSITORY INSTITUTION.—The term packages cannabis or cannabis products.
form the specific customer or group of cus- ‘‘depository institution’’ means— (12) PRODUCER.—The term ‘‘producer’’
tomers of the justification for the customer’s (A) a depository institution as defined in means a person who plants, cultivates, har-
account termination described under sub- section 3(c) of the Federal Deposit Insurance vests, or in any way facilitates the natural
section (b). Act (12 U.S.C. 1813(c)); growth of cannabis.
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(2) NOTICE PROHIBITED.— (B) a Federal credit union as defined in (13) SERVICE PROVIDER.—The term ‘‘service
(A) NOTICE PROHIBITED IN CASES OF NA- section 101 of the Federal Credit Union Act provider’’—
TIONAL SECURITY.—If an appropriate Federal (12 U.S.C. 1752); or (A) means a business, organization, or
banking agency requests or orders a deposi- (C) a State credit union as defined in sec- other person that—
tory institution to terminate a specific cus- tion 101 of the Federal Credit Union Act (12 (i) sells goods or services to a cannabis-re-
tomer account or a group of customer ac- U.S.C. 1752). lated legitimate business; or
counts based on a belief that the customer or (6) FEDERAL BANKING REGULATOR.—The (ii) provides any business services, includ-
customers pose a threat to national security, term ‘‘Federal banking regulator’’ means ing the sale or lease of real or any other
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H6366 CONGRESSIONAL RECORD — HOUSE July 13, 2022
property, legal or other licensed services, or (1) FINDINGS.—Congress finds that— enactment of this Act pursuant to section
any other ancillary service, relating to can- (A) on April 6, 2022, the Forest Service ini- 104 of the Federally Recognized Indian Tribe
nabis; and tiated the Las Dispensas-Gallinas prescribed List Act of 1994 (25 U.S.C. 5131).
(B) does not include a business, organiza- burn on Federal land in the Santa Fe Na- (4) INJURED PERSON.—The term ‘‘injured
tion, or other person that participates in any tional Forest in San Miguel County, New person’’ means—
business or organized activity that involves Mexico, when erratic winds were prevalent in (A) an individual, regardless of the citizen-
handling cannabis or cannabis products, in- the area that was also suffering from severe ship or alien status of the individual; or
cluding cultivating, producing, manufac- drought after many years of insufficient pre- (B) an Indian Tribe, corporation, Tribal
turing, selling, transporting, displaying, dis- cipitation; corporation, partnership, company, associa-
pensing, distributing, or purchasing cannabis (B) on April 6, 2022, the prescribed burn, tion, county, township, city, State, school
or cannabis products. which became known as the ‘‘Hermit’s Peak district, or other non-Federal entity (includ-
(14) STATE.—The term ‘‘State’’ means each Fire’’, exceeded the containment capabilities ing a legal representative) that suffered in-
of the several States, the District of Colum- of the Forest Service, was declared a wild- jury resulting from the Hermit’s Peak/Calf
bia, the Commonwealth of Puerto Rico, and fire, and spread to other Federal and non- Canyon Fire.
any territory or possession of the United Federal land; (5) INJURY.—The term ‘‘injury’’ has the
States. (C) on April 19, 2022, the Calf Canyon Fire, same meaning as the term ‘‘injury or loss of
SEC. 5435. DISCRETIONARY SURPLUS FUNDS. also in San Miguel County, New Mexico, property, or personal injury or death’’ as
Section 7(a)(3)(A) of the Federal Reserve began burning on Federal land and was later used in section 1346(b)(1) of title 28, United
Act (12 U.S.C. 289(a)(3)(A)) is amended by re- identified as the result of a pile burn in Jan- States Code.
ducing the dollar figure by $6,000,000. uary 2022 that remained dormant under the (6) MANAGER.—The term ‘‘Manager’’ means
AMENDMENT NO. 409 OFFERED BY MS. CLARK OF
surface before reemerging; an Independent Claims Manager appointed
MASSACHUSETTS
(D) on April 27, 2022, the Hermit’s Peak under subsection (c)(1)(C).
Fire and the Calf Canyon Fire merged, and (7) OFFICE.—The term ‘‘Office’’ means the
At the end of title LVIII of division E, add both fires were reported as the Hermit’s
the following: Office of Hermit’s Peak/Calf Canyon Fire
Peak Fire or the Hermit’s Peak/Calf Canyon Claims established by subsection (c)(1)(B).
SEC. ll. SENSE OF CONGRESS THAT THE DE-
Fire, (referred hereafter in this subsection as (8) TRIBAL ENTITY.—The term ‘‘Tribal enti-
PARTMENT OF VETERANS AFFAIRS
SHOULD BE PROHIBITED FROM DE-
the ‘‘Hermit’s Peak/Calf Canyon Fire’’); ty’’ includes any Indian Tribe, tribal organi-
NYING HOME LOANS FOR VETERANS (E) by May 2, 2022, the fire had grown in zation, Indian-controlled organization serv-
WHO LEGALLY WORK IN THE MARI- size and caused evacuations in multiple vil- ing Indians, Native Hawaiian organization,
JUANA INDUSTRY. lages and communities in San Miguel County or Alaska Native entity, as such terms are
It is the sense of Congress that— and Mora County, including in the San defined or used in section 166 of the Work-
(1) veterans who have served our country Miguel county jail, the State’s psychiatric force Innovation and Opportunity Act (25
honorably should not be denied access to De- hospital, the United World College, and New U.S.C. 5304).
partment of Veterans Affairs home loans on Mexico Highlands University;
(F) on May 4, 2022, the President issued a (c) COMPENSATION FOR VICTIMS OF HERMIT’S
the basis of income derived from State-legal-
major disaster declaration for the counties PEAK/CALF CANYON FIRE.—
ized cannabis activities;
of Colfax, Mora, and San Miguel, New Mex- (1) IN GENERAL.—
(2) while the Department of Veterans Af-
ico; (A) COMPENSATION.—Each injured person
fairs has clarified that no statute or regula-
(G) on May 20, 2022, U.S. Forest Service shall be entitled to receive from the United
tion specifically prohibits a veteran whose
Chief Randy Moore ordered a 90-day review States compensation for injury suffered by
income is derived from State-legalized can-
of prescribed burn policies to reduce the risk the injured person as a result of the Hermit’s
nabis activities from obtaining a certificate
of wildfires and ensure the safety of the com- Peak/Calf Canyon Fire.
of eligibility for Department of Veterans Af-
munities involved; (B) OFFICE OF HERMIT’S PEAK/CALF CANYON
fairs home loan benefits, many veterans con-
(H) the U.S. Forest Service has assumed re- FIRE CLAIMS.—
tinue to be denied access to home loans on
sponsibility for the Hermit’s Peak/Calf Can- (i) IN GENERAL.—There is established with-
the basis of income derived from State-legal-
yon Fire; in the Federal Emergency Management
ized cannabis activities; and
(I) the fire resulted in the loss of Federal, Agency an Office of Hermit’s Peak/Calf Can-
(3) the Department of Veterans Affairs
State, local, Tribal, and private property; yon Fire Claims.
should improve communication with eligible
and (ii) PURPOSE.—The Office shall receive,
lending institutions to reduce confusion
(J) the United States should compensate process, and pay claims in accordance with
among lenders and borrowers on this matter.
the victims of the Hermit’s Peak/Calf Can- this section.
AMENDMENT NO. 411 OFFERED BY MR. NEGUSE OF
yon Fire. (iii) FUNDING.—The Office—
COLORADO
(2) PURPOSES.—The purposes of this section (I) shall be funded from funds made avail-
At the appropriate place in title LIII of di- are— able to the Administrator under this section;
vision E, insert the following: (A) to compensate victims of the Hermit’s (II) may appoint and fix the compensation
SEC. lll. CRITICAL DOCUMENT FEE WAIVER. Peak/Calf Canyon Fire, for injuries resulting of such temporary personnel as may be nec-
Section 1238(a) of the Disaster Recovery from the fire; and essary, without regard to the provisions of
Reform Act of 2018 (42 U.S.C. 5174b) is amend- (B) to provide for the expeditious consider- title 5, United States Code, governing ap-
ed— ation and settlement of claims for those in- pointments in competitive service; and
(1) in paragraph (2), by striking ‘‘applies juries. (III) may reimburse other Federal agencies
regardless’’ and inserting ‘‘and the require- (b) DEFINITIONS.—In this section: for claims processing support and assistance.
ment of the President to waive fees under (1) ADMINISTRATOR.—The term ‘‘Adminis- (C) OPTION TO APPOINT INDEPENDENT CLAIMS
paragraph (4) apply regardless’’; trator’’ means— MANAGER.—The Administrator may appoint
(2) by redesignating paragraph (4) as para- (A) the Administrator of the Federal Emer- an Independent Claims Manager to—
graph (5); and gency Management Agency; or (i) head the Office; and
(3) by inserting after paragraph (3) the fol- (B) if a Manager is appointed under sub- (ii) assume the duties of the Administrator
lowing: section (c)(1)(C), the Manager. under this section.
‘‘(4) MANDATORY AUTOMATIC WAIVER.—The (2) HERMIT’S PEAK/CALF CANYON FIRE.—The (2) SUBMISSION OF CLAIMS.—Not later than 2
President, in consultation with the Governor term ‘‘Hermit’s Peak/Calf Canyon Fire’’ years after the date on which regulations are
of a State, shall automatically provide a fee means— first promulgated under paragraph (6), an in-
waiver described in paragraph (1) to an indi- (A) the fire resulting from the initiation by jured person may submit to the Adminis-
vidual or household that has been adversely the Forest Service of a prescribed burn in trator a written claim for 1 or more injuries
affected by a major disaster declared under the Santa Fe National Forest in San Miguel suffered by the injured person in accordance
section 401 of the Robert T. Stafford Disaster County, New Mexico, on April 6, 2022; with such requirements as the Administrator
Relief and Emergency Assistance Act (42 (B) the pile burn holdover resulting from determines to be appropriate.
U.S.C. 5170)— the prescribed burn by the Forest Service, (3) INVESTIGATION OF CLAIMS.—
‘‘(A) for which the President provides as- which reemerged on April 19, 2022; and (A) IN GENERAL.—The Administrator shall,
sistance to individuals and households under (C) the merger of the two fires described in on behalf of the United States, investigate,
section 408 of that Act (42 U.S.C. 5174); and subparagraphs (A) and (B), reported as the consider, ascertain, adjust, determine, grant,
‘‘(B) that destroyed a critical document de- Hermit’s Peak Fire or the Hermit’s Peak deny, or settle any claim for money damages
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scribed in paragraph (1) of the individual or Fire/Calf Canyon Fire. asserted under paragraph (2).
household.’’. (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ (B) APPLICABILITY OF STATE LAW.—Except
AMENDMENT NO. 412 OFFERED BY MS. LEGER means the recognized governing body of any as otherwise provided in this section, the
FERNANDEZ OF NEW MEXICO Indian or Alaska Native Tribe, band, nation, laws of the State of New Mexico shall apply
Add at the end of title LVIII the following: pueblo, village, community, component to the calculation of damages under para-
SEC. 5806. HERMIT’S PEAK/CALF CANYON FIRE band, or component reservation individually graph (4)(D).
ASSISTANCE. identified (including parenthetically) in the (C) EXTENT OF DAMAGES.—Any payment
(a) FINDINGS AND PURPOSES.— list published most recently as of the date of under this section—
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6367
(i) shall be limited to actual compensatory (III) damage to physical infrastructure, in- (B) PUBLIC INFORMATION.—
damages measured by injuries suffered; and cluding irrigation infrastructure such as (i) IN GENERAL.—At the time at which the
(ii) shall not include— acequia systems; Administrator promulgates regulations
(I) interest before settlement or payment (IV) a cost resulting from lost subsistence under subparagraph (A), the Administrator
of a claim; or from hunting, fishing, firewood gathering, shall publish, online and in print, in news-
(II) punitive damages. timbering, grazing, or agricultural activities papers of general circulation in the State of
(4) PAYMENT OF CLAIMS.— conducted on land damaged by the Hermit’s New Mexico, a clear, concise, and easily un-
(A) DETERMINATION AND PAYMENT OF Peak/Calf Canyon Fire; derstandable explanation, in English and
AMOUNT.— (V) a cost of reforestation or revegetation Spanish, of—
(i) IN GENERAL.— on Tribal or non-Federal land, to the extent (I) the rights conferred under this section;
(I) PAYMENT.—Not later than 180 days after that the cost of reforestation or revegetation and
the date on which a claim is submitted under is not covered by any other Federal program; (II) the procedural and other requirements
this section, the Administrator shall deter- and of the regulations promulgated under sub-
mine and fix the amount, if any, to be paid (VI) any other loss that the Administrator paragraph (A).
for the claim. determines to be appropriate for inclusion as (ii) DISSEMINATION THROUGH OTHER MEDIA.—
(II) PRIORITY.—The Administrator, to the loss of property. The Administrator shall disseminate the ex-
maximum extent practicable, shall pay sub- (ii) BUSINESS LOSS.—A claim that is paid planation published under clause (i) through
rogation claims submitted under this section for injury under this section may include websites, blogs, social media, brochures,
only after paying claims submitted by in- damages resulting from the Hermit’s Peak/
pamphlets, radio, television, and other
jured parties that are not insurance compa- Calf Canyon Fire for the following types of
media that the Administrator determines
nies seeking payment as subrogees. otherwise uncompensated business loss:
are likely to reach prospective claimants.
(ii) PARAMETERS OF DETERMINATION.—In de- (I) Damage to tangible assets or inventory.
(7) CONSULTATION.—In administering this
termining and settling a claim under this (II) Business interruption losses.
section, the Administrator shall consult
section, the Administrator shall determine (III) Overhead costs.
with the Secretary of the Interior, the Sec-
only— (IV) Employee wages for work not per-
(I) whether the claimant is an injured per- retary of Energy, the Secretary of Agri-
formed.
son; (V) Any other loss that the Administrator culture, the Administrator of the Small
(II) whether the injury that is the subject determines to be appropriate for inclusion as Business Administration, other Federal
of the claim resulted from the fire; business loss. agencies, and State, local, and Tribal au-
(III) the amount, if any, to be allowed and (iii) FINANCIAL LOSS.—A claim that is paid thorities, as determined to be necessary by
paid under this section; and for injury under this section may include the Administrator, to—
(IV) the person or persons entitled to re- damages resulting from the Hermit’s Peak/ (A) ensure the efficient administration of
ceive the amount. Calf Canyon Fire for the following types of the claims process; and
(iii) INSURANCE AND OTHER BENEFITS.— otherwise uncompensated financial loss: (B) provide for local concerns.
(I) IN GENERAL.—In determining the (I) Increased mortgage interest costs. (8) ELECTION OF REMEDY.—
amount of, and paying, a claim under this (II) An insurance deductible. (A) IN GENERAL.—An injured person may
section, to prevent recovery by a claimant in (III) A temporary living or relocation ex- elect to seek compensation from the United
excess of actual compensatory damages, the pense. States for 1 or more injuries resulting from
Administrator shall reduce the amount to be (IV) Lost wages or personal income. the Hermit’s Peak/Calf Canyon Fire by—
paid for the claim by an amount that is (V) Emergency staffing expenses. (i) submitting a claim under this section;
equal to the total of insurance benefits (ex- (VI) Debris removal and other cleanup (ii) filing a claim or bringing a civil action
cluding life insurance benefits) or other pay- costs. under chapter 171 of title 28, United States
ments or settlements of any nature that (VII) Costs of reasonable efforts, as deter- Code (commonly known as the ‘‘Federal Tort
were paid, or will be paid, with respect to the mined by the Administrator, to reduce the Claims Act’’); or
claim. risk of wildfire, flood, or other natural dis- (iii) bringing an authorized civil action
(II) GOVERNMENT LOANS.—This subpara- aster in the counties impacted by the Her- under any other provision of law.
graph shall not apply to the receipt by a mit’s Peak/Calf Canyon Fire to risk levels (B) EFFECT OF ELECTION.—An election by
claimant of any government loan that is re- prevailing in those counties before the Her- an injured person to seek compensation in
quired to be repaid by the claimant. mit’s Peak/Calf Canyon Fire, that are in- any manner described in subparagraph (A)
(B) PARTIAL PAYMENT.— curred not later than the date that is 3 years shall be final and conclusive on the claimant
(i) IN GENERAL.—At the request of a claim- after the date on which the regulations with respect to all injuries resulting from
ant, the Administrator may make 1 or more under paragraph (6) are first promulgated. the Hermit’s Peak/Calf Canyon Fire that are
advance or partial payments before the final (VIII) A premium for flood insurance that suffered by the claimant.
settlement of a claim, including final settle- is required to be paid on or before May 31, (C) ARBITRATION.—
ment on any portion or aspect of a claim 2024, if, as a result of the Hermit’s Peak/Calf (i) IN GENERAL.—Not later than 45 days
that is determined to be severable. Canyon Fire, a person that was not required after the date of enactment of this Act, the
(ii) JUDICIAL DECISION.—If a claimant re- to purchase flood insurance before the Her- Administrator shall establish by regulation
ceives a partial payment on a claim under mit’s Peak/Calf Canyon Fire is required to procedures under which a dispute regarding a
this section, but further payment on the purchase flood insurance. claim submitted under this section may be
claim is subsequently denied by the Admin- (IX) A disaster assistance loan received settled by arbitration.
istrator, the claimant may— from the Small Business Administration. (ii) ARBITRATION AS REMEDY.—On establish-
(I) seek judicial review under paragraph (X) Any other loss that the Administrator ment of arbitration procedures under clause
(9); and determines to be appropriate for inclusion as (i), an injured person that submits a disputed
(II) keep any partial payment that the financial loss. claim under this section may elect to settle
claimant received, unless the Administrator (5) ACCEPTANCE OF AWARD.—The acceptance the claim through arbitration.
determines that the claimant— by a claimant of any payment under this sec- (iii) BINDING EFFECT.—An election by an in-
(aa) was not eligible to receive the com- tion, except an advance or partial payment jured person to settle a claim through arbi-
pensation; or made under paragraph (4)(B), shall— tration under this subparagraph shall—
(bb) fraudulently procured the compensa- (A) be final and conclusive on the claim- (I) be binding; and
tion. ant, with respect to all claims arising out of (II) preclude any exercise by the injured
(C) RIGHTS OF INSURER OR OTHER THIRD or relating to the same subject matter; and person of the right to judicial review of a
PARTY.—If an insurer or other third party (B) constitute a complete release of all claim described in paragraph (9).
pays any amount to a claimant to com- claims against the United States (including (D) NO EFFECT ON ENTITLEMENTS.—Nothing
pensate for an injury described in paragraph any agency or employee of the United in this section affects any right of a claim-
(1), the insurer or other third party shall be States) under chapter 171 of title 28, United ant to file a claim for benefits under any
subrogated to any right that the claimant States Code (commonly known as the ‘‘Fed- Federal entitlement program.
has to receive any payment under this sec- eral Tort Claims Act’’), or any other Federal (9) JUDICIAL REVIEW.—
tion or any other law. or State law, arising out of or relating to the (A) IN GENERAL.—Any claimant aggrieved
(D) ALLOWABLE DAMAGES.— same subject matter. by a final decision of the Administrator
(i) LOSS OF PROPERTY.—A claim that is paid (6) REGULATIONS AND PUBLIC INFORMA- under this section may, not later than 60
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for loss of property under this section may TION.— days after the date on which the decision is
include otherwise uncompensated damages (A) REGULATIONS.—Notwithstanding any issued, bring a civil action in the United
resulting from the Hermit’s Peak/Calf Can- other provision of law, not later than 45 days States District Court for the District of New
yon Fire for— after the date of enactment of this section, Mexico, to modify or set aside the decision,
(I) an uninsured or underinsured property the Administrator shall promulgate and pub- in whole or in part.
loss; lish in the Federal Register interim final (B) RECORD.—The court shall hear a civil
(II) a decrease in the value of real prop- regulations for the processing and payment action under subparagraph (A) on the record
erty; of claims under this section. made before the Administrator.
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H6368 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(C) STANDARD.—The decision of the Admin- (15) AUTHORIZATION OF APPROPRIATIONS.— (7) In 2016, an investigator with the non-
istrator incorporating the findings of the Ad- There are authorized to be appropriated such profit organization Global Witness posed as
ministrator shall be upheld if the decision is sums as are necessary to carry out this sec- an adviser to a corrupt African official and
supported by substantial evidence on the tion. set up meetings with 13 New York City law
record considered as a whole. AMENDMENT NO. 414 OFFERED BY MR. JOHNSON firms to discuss how to move suspect funds
(10) ATTORNEY’S AND AGENT’S FEES.— OF GEORGIA into the United States. Lawyers from all but
(A) IN GENERAL.—No attorney or agent, one of the firms provided advice to the faux
At the end of title LIII, add the following: adviser, including advice on how to utilize
acting alone or in combination with any
SEC. ll. DISADVANTAGED BUSINESS ENTER- anonymous companies to obscure the true
other attorney or agent, shall charge, de- PRISES.
mand, receive, or collect, for services ren- owner of the assets. Other suggestions in-
Section 11101(e)(2)(A) of the Infrastructure cluded naming the lawyer as a trustee of an
dered in connection with a claim submitted
Investment and Jobs Act (Public Law 117–58) offshore trust in order to open a bank ac-
under this section, fees in excess of the limi-
is amended to read as follows: count, and using the law firm’s escrow ac-
tations established under section 2678 of title
‘‘(A) SMALL BUSINESS CONCERN.—The term count to receive payments.
28, United States Code.
‘small business concern’ means a small busi- (8) The autocratic Prime Minister of Iraqi
(B) VIOLATION.—An attorney or agent who
ness concern (as the term is used in section Kurdistan, reportedly known for torturing
violates subparagraph (A) shall be fined not
3 of the Small Business Act (15 U.S.C. 632)).’’. and killing journalists and critics, allegedly
more than $10,000.
(11) WAIVER OF REQUIREMENT FOR MATCHING AMENDMENT NO. 416 OFFERED BY MS. WATERS OF purchased a retail store valued at over $18
CALIFORNIA million in Miami, Florida, with the assist-
FUNDS.—
Strike section 5401 and insert the fol- ance of a Pennsylvania-based law firm.
(A) STATE AND LOCAL PROJECT.—
lowing: (9) Teodoro Obiang, the vice president of
(i) IN GENERAL.—Notwithstanding any
Equatorial Guinea and son of the country’s
other provision of law, a State or local SEC. 5401. SERVICES THAT OPEN PORTALS TO
DIRTY MONEY ACT.
authoritarian president, embezzled millions
project that is determined by the Adminis-
of dollars from his home country, which was
trator to be carried out in response to the (a) SHORT TITLE.—This section may be
then used to purchase luxury assets in the
Hermit’s Peak/Calf Canyon Fire under any cited as the ‘‘Establishing New Authorities
United States. Obiang relied on the assist-
Federal program that applies to an area af- for Businesses Laundering and Enabling ance of two American lawyers to move mil-
fected by the Hermit’s Peak/Calf Canyon Risks to Security Act’’ and the ‘‘ENABLERS lions of dollars of suspect funds through U.S.
Fire shall not be subject to any requirement Act’’. banks. The lawyers incorporated five shell
for State or local matching funds to pay the (b) FINDINGS.—Congress finds the fol- companies in California and opened bank ac-
cost of the project under the Federal pro- lowing: counts associated with the companies for
gram. (1) Kleptocrats and other corrupt actors Obiang’s personal use. The suspect funds
(ii) FEDERAL SHARE.—The Federal share of across the world are increasingly relying on were first wired to the lawyers’ attorney-cli-
the costs of a project described in clause (i) non-bank professional service providers, in- ent and firm accounts, then transferred to
shall be 100 percent. cluding non-bank professional service pro- the accounts of the shell companies.
(B) OTHER NEEDS PROGRAM ASSISTANCE.— viders operating in the United States, to (10) An American consulting company re-
Notwithstanding section 408(g)(2) of the Rob- move, hide, and grow their ill-gotten gains. portedly made millions of dollars working
ert T. Stafford Disaster Relief and Emer- (2) In 2003, the Financial Action Task for companies owned or partly owned by Isa-
gency Assistance Act (42 U.S.C. 5174(g)(2)), Force, an intergovernmental body formed by bel dos Santos, the eldest child of a former
for any emergency or major disaster de- the United States and other major industrial President of Angola. This included working
clared by the President under that Act for nations, determined that designated non-fi- with Angola’s state oil company when it was
the Hermit’s Peak/Calf Canyon Fire, the nancial businesses and professions should be run by Isabel dos Santos and helping to ‘‘run
Federal share of assistance provided under subject to the same anti-money laundering a failing jewelry business acquired with An-
that section shall be 100 percent. and counter-terrorist financing rules and golan money’’. In 2021, a Dutch tribunal
(12) APPLICABILITY OF DEBT COLLECTION RE- regulations as financial institutions, includ- found that Isabel dos Santos and her husband
QUIREMENTS.—Section 3711(a) of title 31, ing the requirement to know your customer obtained a $500 million stake in the oil com-
United States Code, shall not apply to any or client and to perform due diligence, as pany through ‘‘grand corruption’’.
payment under this section, unless— well as to file suspicious transaction reports, (11) In December 2021, the United States
(A) there is evidence of civil or criminal referred to as suspicious activity reports or Government issued a first-ever ‘‘United
fraud, misrepresentation, presentation of a ‘‘SARs’’ in the United States. States Strategy on Countering Corruption’’,
false claim; or (3) In October 2021, the ‘‘Pandora Papers’’, that includes ‘‘Curbing Illicit Finance’’ as a
(B) a claimant was not eligible under para- the largest exposé of global financial data in strategic pillar. An express line of effort to
graph (4)(B) of this section to any partial history, revealed to a global audience how advance this strategic pillar states that:
payment. the United States plays host to a highly spe- ‘‘Deficiencies in the U.S. regulatory frame-
(13) INDIAN COMPENSATION.—Notwith- cialized group of ‘‘enablers’’ who help the work mean various professionals and service
standing any other provision of law, in the world’s elite move, hide, and grow their providers—including lawyers, accountants,
case of an Indian Tribe, a Tribal entity, or a money. trust and company service providers,
member of an Indian Tribe that submits a (4) The Pandora Papers described how an incorporators, and others willing to be hired
claim under this section— adviser to the former Prime Minister of Ma- as registered agents or who act as nominees
(A) the Bureau of Indian Affairs shall have laysia reportedly used affiliates of a United to open and move funds through bank ac-
no authority over, or any trust obligation re- States law firm to assemble and consult a counts—are not required to understand the
garding, any aspect of the submission of, or network of companies, despite the adviser nature or source of income of their clients or
any payment received for, the claim; fitting the ‘‘textbook definition’’ of a high- prospective clients. . .While U.S. law enforce-
(B) the Indian Tribe, Tribal entity, or risk client. The adviser went on to use his ment has increased its focus on such
member of an Indian Tribe shall be entitled companies to help steal $4.5 billion from Ma- facilitators, it is both difficult to prove ‘in-
to proceed under this section in the same laysia’s public investment fund in one of tent and knowledge’ that a facilitator was
manner and to the same extent as any other ‘‘the world’s biggest-ever financial frauds’’, dealing with illicit funds or bad actors, or
injured person; and known as 1MDB. that they should have known the same. Cog-
(C) except with respect to land damaged by (5) Russian oligarchs have used gate- nizant of such constraints, the Administra-
the Hermit’s Peak/Calf Canyon Fire that is keepers to move their money into the United tion will consider additional authorities to
the subject of the claim, the Bureau of In- States. For example, a gatekeeper formed a cover key gatekeepers, working with the
dian Affairs shall have no responsibility to company in Delaware that reportedly owns a Congress as necessary to secure additional
restore land damaged by the Hermit’s Peak/ $15 million mansion in Washington, D.C., authorities’’.
Calf Canyon Fire. that is linked to one of Vladimir Putin’s (12) This section provides the authorities
(14) REPORT.—Not later than 1 year after closest allies. Also, reportedly connected to needed to require that professional service
the date of promulgation of regulations the oligarch is a $14 million townhouse in providers who serve as key gatekeepers to
under paragraph (6)(A), and annually there- New York City owned by a separate Dela- the U.S. financial system adopt anti-money
after, the Administrator shall submit to ware company. laundering procedures that can help detect
Congress a report that describes the claims (6) The Pandora Papers uncovered over 200 and prevent the laundering of corrupt and
submitted under this section during the year United States-based trusts across 15 States other criminal funds into the United States.
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preceding the date of submission of the re- that held assets of over $1 billion, ‘‘including Absent such authorities, the United States
port, including, for each claim— nearly 30 trusts that held assets linked to Government will be unable to adequately
(A) the amount claimed; people or companies accused of fraud, brib- protect the U.S. financial system, identify
(B) a brief description of the nature of the ery, or human rights abuses’’. In particular, funds and assets that are the proceeds of cor-
claim; and South Dakota, Nevada, Delaware, Florida, ruption, or support foreign states in their ef-
(C) the status or disposition of the claim, Wyoming, and New Hampshire have emerged forts to combat corruption and promote good
including the amount of any payment under as global hotspots for those seeking to hide governance.
this section. their assets and minimize their tax burdens. (c) REQUIREMENTS FOR GATEKEEPERS.—
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6369
(1) IN GENERAL.—Section 5312(a)(2) of title ‘‘(viii) the wiring of money; that is 1 year after the date that the Sec-
31, United States Code, as amended by the ‘‘(ix) the exchange of foreign currency, dig- retary issues a rule pursuant to section
William M. (Mac) Thornberry National De- ital currency, or digital assets; or 5337(a), submit a report to the Committee on
fense Authorization Act for Fiscal Year 2021, ‘‘(x) the sourcing, pooling, organization, or Financial Services of the House of Rep-
is amended— management of capital in association with resentatives and the Committee on Banking,
(A) by redesignating subparagraphs (Z) and the formation, operation, or management of, Housing, and Urban Affairs of the Senate
(AA) as subparagraphs (AA) and (BB), respec- or investment in, a corporation, limited li- that—
tively; and ability company, trust, foundation, limited ‘‘(A) describes the results of any random
(B) by inserting after subparagraph (Y) the liability partnership, partnership, or other audits conducted pursuant to paragraph (1)
following: similar entity; during such calendar year; and
‘‘(Z) any person, excluding any govern- ‘‘(B) any person who, in connection with ‘‘(B) includes recommendations for improv-
mental entity, employee, or agent, who en- filing any return, directly or indirectly, on ing the effectiveness of the requirements im-
gages in any activity which the Secretary behalf of a foreign individual, trust or fidu- posed under this section on persons described
determines, by regulation pursuant to sec- ciary with respect to direct or indirect, in section 5312(a)(2)(Z).’’.
tion 5337(a), to be the provision, with or United States investment, transaction, trade (3) EFFECTIVE DATE.—This section and the
without compensation, of— or business, or similar activities— amendments made by this section shall take
‘‘(i) corporate or other legal entity ar- ‘‘(i) obtains or uses a preparer tax identi- effect on the date that the Secretary of the
rangement, association, or formation serv- fication number; or Treasury issues a rule pursuant to section
ices; ‘‘(ii) would be required to use or obtain a 5537 of title 31 of the United States Code, as
‘‘(ii) trust services; preparer tax identification number, if such added by this section.
‘‘(iii) third party payment services; or person were compensated for services ren- (4) CONFORMING AMENDMENT.—The table of
‘‘(iv) legal or accounting services that— dered; sections in chapter 53 of subtitle IV of title
‘‘(I) involve financial activities that facili- ‘‘(C) any person acting as, or arranging for 31, United States Code, is amended by insert-
tate— another person to act as, a registered agent, ing after the item relating to section 5336 the
‘‘(aa) corporate or other legal entity ar- trustee, director, secretary, partner of a following:
rangement, association, or formation serv- company, a partner of a partnership, or simi- ‘‘5337. Requirements for gatekeepers.’’.
ices; lar position in relation to a corporation, lim- (5) USE OF TECHNOLOGY TO INCREASE EFFI-
‘‘(bb) trust services; or ited liability company, trust, foundation, CIENCY AND ACCURACY OF INFORMATION.—
‘‘(cc) third party payment services; and limited liability partnership, partnership, or (A) IN GENERAL.—The Secretary of the
‘‘(II) are not direct payments or compensa- other similar entity; and Treasury, acting through the Director of the
tion for civil or criminal defense matters.’’. ‘‘(D) any person, wherever organized or Financial Crimes Enforcement Network,
(2) REQUIREMENTS FOR GATEKEEPERS.—Sub- doing business, that is— shall promote the integrity and timely, effi-
chapter II of chapter 53 of subtitle IV of title ‘‘(i) owned or controlled by a person de- cient collection of information by persons
31, United States Code, is amended by adding scribed in subparagraphs (A), (B), or (C); described in section 5312(a)(2)(Z) of title 31,
at the end the following: ‘‘(ii) acts as an agent of a person described United States Code by exploring the use of
‘‘§ 5337. Requirements for gatekeepers. in subparagraphs (A), (B), or (C); or technologies to—
‘‘(iii) is an instrumentality of a person de- (i) effectuate the collection, standardiza-
‘‘(a) IN GENERAL.—
scribed in subparagraphs (A), (B), or (C). tion, transmission, and sharing of such infor-
‘‘(1) IN GENERAL.—The Secretary shall, not
‘‘(b) REQUIREMENTS.—The Secretary shall mation as required under section 5337 of title
later than 1 year after the date of the enact- 31, United States Code; and
require persons described in section 5312(a)(3)
ment this section, issue a rule to— (ii) minimize the burdens associated with
to do 1 or more of the following—
‘‘(A) determine what persons fall within the collection, standardization, trans-
‘‘(1) identify and verify account holders
the class of persons described in section mission, and sharing of such information as
and functional equivalents as described in
5312(a)(2)(Z); and required under section 5337 of title 31, United
section 5318(l), including by establishing and
‘‘(B) prescribe appropriate requirements States Code.
maintaining written procedures that are rea-
for such persons. (B) REPORT.—Not later than 3 years after
sonably designed to enable the person to
‘‘(2) SENSE OF THE CONGRESS.—It is the the date of the enactment of this subsection,
identify and verify beneficial owners (as such
sense of the Congress that when issuing a the Director of the Financial Crimes En-
term is defined in section 5336(a)) of clients;
rule to determine what persons fall within forcement Network shall submit a report to
‘‘(2) maintain appropriate procedures, in-
the class of persons described in section Committee on Financial Services of the
cluding the collection and reporting of such
5312(a)(2)(Z), the Secretary shall design such House of Representatives and the Committee
information as the Secretary may prescribe
rule— on Banking, Housing, and Urban Affairs of
by regulation, to ensure compliance with
‘‘(A) to minimizes burden of such rule and the Senate that—
this subchapter and regulations prescribed
maximizes the intended outcome of such (i) describes any findings of the Director of
thereunder or to guard against corruption,
rule, as determined by the Secretary; and the Financial Crimes Enforcement with re-
money laundering, the financing of ter-
‘‘(B) avoid applying additional require- spect to technologies that may effectuate
rorism, or other forms of illicit finance;
ments for persons that may fall within the the collection, standardization, trans-
‘‘(3) establish anti-money laundering pro-
class of persons described in section mission, and sharing of such information as
grams as described in section 5318(h);
5312(a)(2)(Z) but whom are already, as deter- required under section 5337 of title 31, United
‘‘(4) report suspicious transactions as de-
mined by the Secretary, appropriately regu- States Code; and
scribed in section 5318(g)(1); and
lated under section 5312. (ii) makes recommendations for imple-
‘‘(5) establish due diligence policies, proce-
‘‘(3) IDENTIFICATION OF PERSONS.—When de- menting such technologies.
dures, and controls as described in section
termining what persons fall within the class (d) GATEKEEPERS STRATEGY.—Section 262
5318(i).
of persons described in section 5312(a)(2)(Z) ‘‘(c) LIMITATION ON EXEMPTIONS.—The Sec- of the Countering America’s Adversaries
the Secretary of the Treasury shall include— retary may not delay the application of any Through Sanctions Act is amended by insert-
‘‘(A) any person involved in— requirement described in this subchapter for ing after paragraph (10) the following:
‘‘(i) the formation or registration of a cor- any person described in section 5312(a)(2)(Z) ‘‘(11) GATEKEEPER STRATEGY.—
poration, limited liability company, trust, or section 5337(a)(3) ‘‘(A) IN GENERAL.—A description of efforts
foundation, limited liability partnership, ‘‘(d) EXTRATERRITORIAL JURISDICTION.—Any to impose sufficient anti-money laundering
partnership, or other similar entity; person described in section 5312(a)(2)(Z) shall safeguards on types of persons who serve as
‘‘(ii) the acquisition or disposition of an in- be subject to extraterritorial Federal juris- gatekeepers.
terest in a corporation, limited liability diction with respect to the requirements of ‘‘(B) UPDATE.—If the updates to the na-
company, trust, foundation, limited liability this subtitle. tional strategy required under section 261
partnership, partnership, or other similar en- ‘‘(e) ENFORCEMENT.— have been submitted to appropriate congres-
tity; ‘‘(1) RANDOM AUDITS.—Beginning on the sional committees before the date of the en-
‘‘(iii) providing a registered office, address date that is 1 year after the date that the actment of this paragraph, the President
or accommodation, correspondence or ad- Secretary issues a rule to determine what shall submit to the appropriate congres-
ministrative address for a corporation, lim- persons fall within the class of persons de- sional committees an additional update to
ited liability company, trust, foundation, scribed in section 5312(a)(2)(Z), and on an on- the national strategy with respect to the ad-
limited liability partnership, partnership, or going basis thereafter, the Secretary shall dition of this paragraph not later than 1 year
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other similar entity; conduct random audits of persons that fall after the date of the enactment of this para-
‘‘(iv) acting as, or arranging for another within the class of persons described in sec- graph.’’.
person to act as, a nominee shareholder for tion 5312(a)(2)(Z), in a manner that the Sec- (e) AGENCY COORDINATION AND COLLABORA-
another person; retary determines appropriate, to access TION.—The Secretary of the Treasury shall,
‘‘(v) the managing, advising, or consulting compliance with this section. to the greatest extent practicable—
with respect to money or other assets; ‘‘(2) REPORTS.—The Secretary shall, not (1) establish relationships with State,
‘‘(vi) the processing of payments; later than 180 days after the conclusion of local, territorial, and Tribal governmental
‘‘(vii) the provision of cash vault services; any calendar year that begins after the date agencies; and
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H6370 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(2) work collaboratively with such govern- (2) in subsection (b)(3), by striking ‘‘Na- by the bank through a special purpose credit
mental agencies to implement and enforce tional Community Development Initiative, program, to focus on Black, Latinx, Native
the regulations prescribed under this section Local Initiatives Support Corporation, The American, Asian American, Pacific Islander
and the amendments made by this section, Enterprise Foundation, Habitat for Human- borrowers.
by— ity, and Youthbuild USA’’ and inserting ‘‘(B) TEMPLATE.—The appropriate Federal
(A) using the domestic liaisons established ‘‘non-Federal entities through which assist- financial supervisory agencies shall, jointly,
in section 310(f) of title 31, United States ance is provided under this section,’’. issue rules to establish a template that large
Code, to share information regarding SEC. 5404. AFFORDABLE HOUSING CONSTRUC- financial institutions shall use to collect in-
changes effectuated by this section; TION AS ELIGIBLE ACTIVITY UNDER formation required to be collected under this
(B) using the domestic liaisons established COMMUNITY DEVELOPMENT BLOCK paragraph.
GRANT PROGRAM.
in section 310(f) of title 31, United States ‘‘(C) LARGE FINANCIAL INSTITUTION DE-
(a) ELIGIBLE ACTIVITY.—Subsection (a) of
Code, to advise on necessary revisions to FINED.—The appropriate Federal financial
section 105 of the Housing and Community
State, local, territorial, and Tribal standards supervisory agencies shall, jointly, define
Development Act of 1974 (42 U.S.C. 5305(a)) is
with respect to relevant professional licen- the term ‘large financial institution’ for pur-
amended—
sure; poses of this paragraph.’’.
(1) in paragraph (25)(D), by striking ‘‘and’’
(C) engaging with various gatekeepers as (b) DISCRETIONARY SURPLUS FUND.—
at the end;
appropriate, including with respect to infor- (1) IN GENERAL.—Subparagraph (A) of sec-
(2) in paragraph (26), by striking the period
mation sharing and data sharing; and at the end and inserting ‘‘; and’’; and tion 7(a)(3) of the Federal Reserve Act (12
(D) working with State, local, territorial, (3) by adding at the end the following new U.S.C. 289(a)(3)(A)) is amended by reducing
and Tribal governmental agencies to levy paragraph: the dollar figure described in such subpara-
professional sanctions on persons who facili- ‘‘(27) the new construction of affordable graph by $3,000,000.
tate corruption, money laundering, the fi- housing, within the meaning given such term (2) EFFECTIVE DATE.—The amendment
nancing of terrorist activities, and other re- under section 215 of the Cranston-Gonzalez made by paragraph (1) shall take effect on
lated crimes. National Affordable Housing Act (42 U.S.C. September 30, 2022.
(f) AUTHORIZATION OF APPROPRIATIONS.—In 12745).’’. SEC. 5406. PROHIBITION ON CONSUMER RE-
addition to amounts otherwise available for (b) LOW AND MODERATE INCOME REQUIRE- PORTS CONTAINING ADVERSE IN-
such purposes, there are authorized to be ap- MENT.—Paragraph (3) of section 105(c) of the FORMATION RELATED TO CERTAIN
propriated to the Secretary of the Treasury, Housing and Community Development Act of STUDENT LOANS.
without fiscal year limitation, $53,300,000 to 1974 (42 U.S.C. 5305(c)(3)) is amended by strik- (a) CANCELED OR FORGIVEN FEDERAL STU-
remain available until expended, exclusively ing ‘‘or rehabilitation’’ and inserting ‘‘, reha- DENT LOANS.—Section 605(a) of the Fair Cred-
for the purpose of carrying out this section bilitation, or new construction’’. it Reporting Act (15 U.S.C. 1681c(a)) is
and the amendments made by the Act, in- (c) APPLICABILITY.—The amendments made amended by adding at the end the following:
cluding for— by this section shall apply with respect only ‘‘(9) Any adverse information related to
(1) the hiring of personnel; to amounts appropriated after the date of any portion of a loan made, insured, or guar-
(2) the exploration and adoption of infor- the enactment of this Act. anteed under part B or made under part D of
mation technology to effectively support en- SEC. 5405. CONSIDERATION OF SMALL HOME the Higher Education Act of 1965, to the ex-
forcement activities or activities described MORTGAGE LENDING UNDER COM- tent the loan was repaid, canceled, or other-
in subsection (c) of this section and the MUNITY REINVESTMENT ACT. wise forgiven by the Secretary of Edu-
amendments made by such subsection; (a) IN GENERAL.— Section 804 of the Com- cation.’’.
(3) audit, investigatory, and review activi- munity Reinvestment Act of 1977 (12 U.S.C. (b) STUDENT LOANS RELATED TO CORINTHIAN
ties, including those described in subsection 2903) is amended by adding at the end the fol- COLLEGES.—Section 605(a) of the Fair Credit
(c) of this section and the amendments made lowing: Reporting Act (15 U.S.C. 1681c(a)), as amend-
by such subsection; ‘‘(e) CONSIDERATION OF SMALL HOME MORT-
ed by subsection (a), is further amended by
GAGE LENDING.—
(4) agency coordination and collaboration adding at the end the following
efforts and activities described in subsection ‘‘(1) IN GENERAL.—As part of assessing a fi-
‘‘(10) Any adverse information related to a
(e) of this section; nancial institution under subsection (a), the
private education loan (as defined under sec-
(5) for voluntary compliance programs; appropriate Federal financial supervisory
tion 140(a) of the Truth in Lending Act) if
agency shall evaluate the financial institu-
(6) for conducting the report in subsection such loan was provided to cover expenses re-
tion’s performance in facilitating home
(c)(5) of this section; and lated to attending a school owned by Corin-
mortgage lending targeted to low- and mod-
(7) for allocating amounts to the State, thian Colleges, Inc.’’.
erate-income borrowers in a safe and sound
local, territorial, and Tribal jurisdictions to SEC. 5407. EXTENSION OF THE CENTRAL LIQUID-
manner, including—
pay reasonable costs relating to compliance ITY FACILITY.
‘‘(A) mortgages of $100,000 or less in value
with or enforcement of the requirements of (a) IN GENERAL.—Section 4016(b) of the
that facilitate a home purchase or help a
this section. CARES Act (12 U.S.C. 1795a note) is amended
borrower to refinance an existing mortgage;
(g) RULE OF CONSTRUCTION.—Nothing in by adding at the end the following:
‘‘(B) mortgages of $100,000 or less in value
this section may be construed to be limited ‘‘(3) EXTENSION.—During the period begin-
originated in cooperation with a minority
or impeded by any obligations under State, ning on the date of enactment of this Act
depository institution, women’s depository
local, territorial, or Tribal laws or rules con- and ending on December 31, 2023, the provi-
institution, low-income credit union, or a
cerning privilege, ethics, confidentiality, pri- sions of law amended by this subsection shall
community development financial institu-
vacy, or related matters. be applied as such provisions were in effect
tion certified by the Secretary of the Treas-
AMENDMENT NO. 417 OFFERED BY MS. WATERS OF ury (as defined under section 103 of the Rie- on the day before the effective date described
CALIFORNIA gle Community Development and Regulatory under paragraph (2).’’.
Add at the end of title LIV of division E Improvement Act of 1994). (b) CLF BORROWING AUTHORITY.—Effective
the following: ‘‘(C) mortgages of $100,000 or less in value on the date of enactment of the CARES Act,
SEC. 5403. CAPACITY BUILDING FOR COMMUNITY originated to purchase or refinance a home section 307(a)(4)(A) of the Federal Credit
DEVELOPMENT AND AFFORDABLE as part of a special purpose credit program Union Act (12 U.S.C. 1795f(a)(4)(A)) is amend-
HOUSING. (as defined under section 1002.8(a) of title 12, ed by striking ‘‘twelve times the subscribed
Section 4 of the HUD Demonstration Act of Code of Federal Regulations). capital stock and surplus of the Facility,
1993 (42 U.S.C. 9816 note) is amended— ‘‘(2) DATA COLLECTION AND REPORTING BY provided that, the total face value of such
(1) in subsection (a), by striking ‘‘the Na- LARGE FINANCIAL INSTITUTIONS.— obligations shall not exceed 16 times the sub-
tional Community Development Initiative, ‘‘(A) IN GENERAL.—Each large financial in- scribed capital stock and surplus of the Fa-
Local Initiatives Support Corporation, The stitution shall collect, maintain, and report cility for the period beginning on the date of
Enterprise Foundation, Habitat for Human- to the appropriate Federal financial super- enactment of the Coronavirus Economic Sta-
ity, and Youthbuild USA’’ and inserting visory agency— bilization Act of 2020 and ending on Decem-
‘‘non-Federal entities, including nonprofit ‘‘(i) mortgage loan data needed to cal- ber 31, 2021’’ and inserting ‘‘16 times the sub-
organizations that can provide technical as- culate retail lending volume and distribution scribed capital stock and surplus of the Fa-
sistance activities to community develop- metrics; cility’’.
ment corporations, community housing de- ‘‘(ii) information related to demographics SEC. 5408. PROMOTING CAPITAL RAISING OP-
velopment organizations, community land of borrowers, including the income, dis- TIONS FOR TRADITIONALLY UNDER-
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trusts, nonprofit organizations in insular ability, gender identity, race, and ethnicity REPRESENTED SMALL BUSINESSES.
areas, and other mission-driven and non- of mortgage applicants; Section 4(j)(4) of the Securities Exchange
profit organizations that target services to ‘‘(iii) the number of mortgage loans origi- Act of 1934 (15 U.S.C. 78d(j)(4)) is amended—
low-income and socially disadvantaged popu- nated with a value of $100,000 or less as well (1) in subparagraph (G), by striking ‘‘and’’
lations, and provide services in neighbor- as the demographics of borrowers, including at the end;
hoods having high concentrations of minor- income, race, gender, and ethnicity; and (2) in subparagraph (H), by striking the pe-
ity, low-income, or socially disadvantaged ‘‘(iv) all mortgage loans for the purpose of riod at the end and insert a semicolon; and
populations,’’; and a home purchase and a refinance originated (3) by adding at the end the following:
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6371
‘‘(I) provide educational resources and host to the Committee on Financial Services of Credits & Grants by World Bank Borrowers’,
events to raise awareness of capital raising the House of Representatives and the Com- published by the World Bank Group.’’.
options for— mittee on Banking, Housing, and Urban Af- SEC. 5412. UNITED STATES CONTRIBUTION TO
‘‘(i) underrepresented small businesses, in- fairs of the Senate not later than 1 year after THE CATASTROPHE CONTAINMENT
cluding women-owned and minority-owned the date of enactment of this Act, and issue AND RELIEF TRUST AT THE INTER-
small businesses; a final report to such committees not later NATIONAL MONETARY FUND.
‘‘(ii) businesses located in rural areas; and than 2 years after the date of enactment of (a) CONTRIBUTION AUTHORITY.—The Sec-
‘‘(iii) small businesses affected by hurri- this Act, containing— retary of the Treasury may contribute
canes or other natural disasters; and (A) all findings and determinations made $200,000,000 on behalf of the United States to
‘‘(J) at least annually, meet with rep- in carrying out the study required under sub- the Catastrophe Containment and Relief
resentatives of State securities commissions section (a); and Trust of the International Monetary Fund.
to discuss opportunities for collaboration (B) any recommendations on how to im- (b) LIMITATIONS ON AUTHORIZATION OF AP-
and coordination with respect to efforts to prove entities’, as described under subsection PROPRIATIONS.—For the contribution author-
assist small businesses and small business (a)(1), compliance with fair housing, fair ized by subsection (a), there are authorized
investors.’’. lending, and consumer financial protection to be appropriated, without fiscal year limi-
SEC. 5409. IMPROVEMENTS BY COUNTRIES IN laws and regulations, including to affirma- tation, $200,000,000 for payment by the Sec-
COMBATING NARCOTICS-RELATED tively further fair housing, to prevent algo- retary of the Treasury.
MONEY LAUNDERING. rithmic bias, and to promote greater trans- SEC. 5413. PUBLIC REPORTING OF UNITED
Section 489(a)(7) of the Foreign Assistance parency, explainability, privacy, and fairness STATES VOTES TO SUPPORT, OR AB-
Act of 1961 (22 U.S.C. 2291h(a)(7)) is amend- in the development and implementation of STENTION FROM VOTING ON, MULTI-
ed— LATERAL DEVELOPMENT BANK
artificial intelligence technologies, includ-
(1) in the matter before subparagraph (A), PROJECTS UNDER THE GUIDANCE
ing machine learning, with respect to the ON FOSSIL FUEL ENERGY AT THE
by striking ‘‘paragraph (3)(D)’’ and inserting products and services they offer. MULTILATERAL DEVELOPMENT
‘‘paragraph (3)(C)’’; and (2) ADDITIONAL REPORTS.—The Secretary BANKS ISSUED BY THE DEPART-
(2) by inserting after subparagraph (C) the and the Director may, either individually or MENT OF THE TREASURY ON AU-
following: jointly, issue updates to the final report de- GUST 16, 2021.
‘‘(D) Where the information is available, scribed under paragraph (1), as the Secretary Title XIII of the International Financial
examples of improvements in each country or the Director determines necessary. Institutions Act (22 U.S.C. 262m-262m-8) is
related to the findings described in each of SEC. 5411. UNITED STATES OPPOSITION TO MUL- amended by adding at the end the following:
clauses (i) through (viii) of subparagraph (C), TILATERAL DEVELOPMENT BANK ‘‘SEC. 1309. PUBLIC REPORTING OF UNITED
such as— PROJECTS THAT PROVIDE A PUBLIC STATES VOTES TO SUPPORT, OR AB-
‘‘(i) actions taken by the country due to SUBSIDY TO A PRIVATE SECTOR STENTION FROM VOTING ON, MULTI-
each country’s adoption of law and regula- FIRM UNLESS THE SUBSIDY IS LATERAL DEVELOPMENT BANK
tions considered essential to prevent nar- AWARDED USING AN OPEN, COM- PROJECTS UNDER THE GUIDANCE
PETITIVE PROCESS OR ON AN OPEN- ON FOSSIL FUEL ENERGY AT THE
cotics-related money laundering; ACCESS BASIS. MULTILATERAL DEVELOPMENT
‘‘(ii) enhanced enforcement actions taken
Title XV of the International Financial In- BANKS ISSUED BY THE DEPART-
by the country, such as regulatory penalties, MENT OF THE TREASURY ON AU-
stitutions Act (22 U.S.C. 262o-262o-4) is
criminal prosecutions and convictions, and GUST 16, 2021.
amended by adding at the end the following:
asset seizures and forfeitures; ‘‘Within 60 days after the United States
‘‘SEC. 1506. UNITED STATES OPPOSITION TO MUL-
‘‘(iii) status changes in international fi- TILATERAL DEVELOPMENT BANK votes to support, or abstains from voting on,
nancial crime-related evaluations; PROJECTS THAT PROVIDE A PUBLIC a multilateral development bank (as defined
‘‘(iv) other descriptions that are represent- SUBSIDY TO A PRIVATE SECTOR in section 1701(c)(4)) project under the Guid-
ative of efforts to enhance the prevention of FIRM UNLESS THE SUBSIDY IS ance on Fossil Fuel Energy at the Multilat-
narcotics-related money laundering; and AWARDED USING AN OPEN, COM-
eral Development Banks issued by the De-
‘‘(v) if applicable, bilateral, multilateral, PETITIVE PROCESS OR ON AN OPEN-
ACCESS BASIS. partment of the Treasury on August 16, 2021,
and regional initiatives which have been un- the Secretary of Treasury shall cause to be
dertaken to prevent narcotics-related money ‘‘(a) IN GENERAL.—The Secretary of the
Treasury shall instruct the United States posted on the website of the Department of
laundering.’’. the Treasury a detailed justification for the
SEC. 5410. STUDY ON THE ROLE OF ONLINE PLAT- Executive Director at each multilateral de-
velopment bank— vote or abstention.’’.
FORMS AND TENANT SCREENING
‘‘(1) to use voice, vote, and influence of the SEC. 5414. UNITED STATES POLICY ON INTER-
COMPANIES IN THE HOUSING MAR-
NATIONAL FINANCE CORPORATION
KET. United States to ensure that private sector
DISCLOSURE OF HIGH AND SUB-
(a) STUDY.—The Secretary of Housing and subsidies provided by the respective bank, STANTIAL RISK SUB-PROJECTS OF
Urban Development and the Director of the including through the Private Sector Win- FINANCIAL INTERMEDIARY CLI-
Bureau of Consumer Financial Protection dow of the International Development Asso- ENTS.
shall, jointly, carry out a study to— ciation, are provided in accordance with the Title XVI of the International Financial
(1) assess the role of online platforms and World Bank guidelines; and Institutions Act (22 U.S.C. 262p et seq.) is
tenant screening companies in the housing ‘‘(2) to vote against any project at the re- amended by adding at the end the following:
market, including purchasing homes and spective bank, including through the Private ‘‘SEC. 1632. UNITED STATES POLICY ON INTER-
providing housing-related services to land- Sector Window of the International Develop- NATIONAL FINANCE CORPORATION
lords and consumers, including tenants, ment Association, that provides a public sub- DISCLOSURE OF HIGH AND SUB-
homeowners, and prospective homebuyers; sidy to a private sector firm unless— STANTIAL RISK SUB-PROJECTS OF
(2) assess how such entities currently com- ‘‘(A) the subsidy is awarded using an open, FINANCIAL INTERMEDIARY CLI-
ply with fair housing, fair lending, and con- competitive process; ENTS.
sumer financial protection laws and regula- ‘‘(B) the subsidy is awarded on an open ac- ‘‘(a) IN GENERAL.—The Secretary of the
tions (including the Fair Housing Act, the cess basis; or Treasury shall instruct the United States
Equal Credit Opportunity Act, the Fair Cred- ‘‘(C) the United States Executive Director Executive Director at the International Fi-
it Reporting Act, and other relevant statutes at the respective bank determines that the nance Corporation to use the voice, vote, and
and regulations determined relevant by the subsidy falls within an exception provided in influence of the United States to seek the
Secretary and the Director), including in the World Bank guidelines for the use of di- adoption at the institution of a policy to re-
their digital advertising, digital listing, and rect contracting. quire each financial intermediary client to
tenant screening practices; ‘‘(b) PUBLICATION OF DETERMINATION.— publicly disclose on the website of the Inter-
(3) assess how such entities are currently Within 60 days after the United States Exec- national Finance Corporation, in searchable
using artificial intelligence, including ma- utive Director at any multilateral develop- form, and updated annually, the following
chine learning, in their services, and how ment bank makes a determination described information about the Category A and B sub-
these technologies are being assessed for in subsection (a)(2)(C), the Secretary of the projects of the client, within 6 months after
compliance with appropriate fair housing Treasury shall cause to be posted on the the date of the enactment of this section for
and fair lending laws; and website of the Department of the Treasury a existing clients and, for new clients, within 6
(4) assess the impact of how such entities justification for the determination. months after the date of Board approval for
and their use of artificial intelligence tech- ‘‘(c) DEFINITIONS.—In this section: new investments:
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nologies, including machine learning, affect ‘‘(1) MULTILATERAL DEVELOPMENT BANK.— ‘‘(1) The name, city, and sector for all sub-
low- and moderate-income communities and The term ‘multilateral development bank’ projects.
communities of color in particular, including has the meaning given in section 1701(c)(4). ‘‘(2) The environmental and social risk as-
any impediments to fair housing and fair ‘‘(2) WORLD BANK GUIDELINES.—The term sessments and mitigation plans that have
lending. ‘World Bank Guidelines’ means the July 2014 been completed for each sub-project.
(b) REPORTS.— revised edition of the document, entitled ‘‘(3) A summary of the Environmental and
(1) IN GENERAL.—The Secretary and the Di- ‘Procurement of Goods, Works, and Non-Con- Social Management System of the client in-
rector shall, jointly, issue an initial report sulting Services under IBRD Loans and IDA cluding a detailed description of policies to
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H6372 CONGRESSIONAL RECORD — HOUSE July 13, 2022
appropriately identify, categorize, assess, TITLE LIX—PROMOTING AND ADVANCING ‘‘(A) Demographic data, based on vol-
and address the environmental and social COMMUNITIES OF COLOR THROUGH IN- untary self-identification, on the racial, eth-
risks relevant to the activities the client is CLUSIVE LENDING ACT nic, gender identity, and sexual orientation
financing. SEC. 5901. SHORT TITLE. composition of—
‘‘(4) A link to the full Environmental and This title may be cited as the ‘‘Promoting ‘‘(i) the board of directors of the institu-
Social Management System policy on the and Advancing Communities of Color tion; and
website of the client. Through Inclusive Lending Act’’. ‘‘(ii) the executive officers of the institu-
Subtitle A—Promoting and Advancing Com- tion.
‘‘(b) REPORTING REQUIREMENT.—Within 6
munities of Color Through Inclusive Lend- ‘‘(B) The status of any member of the
months after the date of the enactment of board of directors of the institution, any
this section, the Secretary of the Treasury ing
nominee for the board of directors of the in-
shall submit a report to the Committee on SEC. 5911. STRENGTHENING DIVERSE AND MIS-
SION-DRIVEN COMMUNITY FINAN- stitution, or any executive officer of the in-
Financial Services of the House of Rep- CIAL INSTITUTIONS. stitution, based on voluntary self-identifica-
resentatives and the Committee on Foreign (a) MINORITY LENDING INSTITUTION SET- tion, as a veteran.
Relations of the Senate containing— ASIDE IN PROVIDING ASSISTANCE.— ‘‘(C) Whether the board of directors of the
‘‘(1) a description of the efforts by the Sec- (1) IN GENERAL.—Section 108 of the Riegle institution, or any committee of that board
retary to achieve the policy outlined in sub- Community Development and Regulatory of directors, has, as of the date on which the
section (a); and Improvement Act of 1994 (12 U.S.C. 4707) is institution makes a disclosure under this
‘‘(2) a description of any opposition from amended by adding at the end the following: paragraph, adopted any policy, plan, or
management, shareholders, and clients to ‘‘(i) SUPPORTING MINORITY INSTITUTIONS.— strategy to promote racial, ethnic, and gen-
the adoption of the policy.’’. Notwithstanding any other provision of law, der diversity among—
in providing any assistance to community ‘‘(i) the board of directors of the institu-
SEC. 5415. UNITED STATES POLICY ON MULTILAT- tion;
development financial institutions, the Fund
ERAL DEVELOPMENT BANK DISCLO-
SURE OF BENEFICIAL OWNERSHIP shall reserve 40 percent of such assistance for ‘‘(ii) nominees for the board of directors of
INFORMATION. minority lending institutions.’’. the institution; or
(2) DEFINITIONS.—Section 103 of the Riegle ‘‘(iii) the executive officers of the institu-
Title XV of the International Financial In- Community Development and Regulatory tion.
stitutions Act (22 U.S.C. 262o-262o-4) is fur- Improvement Act of 1994 (12 U.S.C. 4702) is ‘‘(3) REPORT TO CONGRESS.—Not later than
ther amended by adding at the end the fol- amended by adding at the end the following: 24 months after the date of enactment of this
lowing: ‘‘(22) MINORITY LENDING INSTITUTION.—The subsection, and every other year thereafter,
term ‘minority lending institution’ has the the Fund shall submit to the Committee on
‘‘SEC. 1507. UNITED STATES POLICY ON MULTI-
meaning given that term under section 523(c) Banking, Housing, and Urban Affairs of the
LATERAL DEVELOPMENT BANK DIS-
CLOSURE OF BENEFICIAL OWNER- of division N of the Consolidated Appropria- Senate and the Committee on Financial
SHIP INFORMATION. tions Act, 2021.’’. Services of the House of Representatives,
(b) OFFICE OF MINORITY LENDING INSTITU- and make publicly available on the website
‘‘(a) IN GENERAL.—The Secretary of the TIONS.—Section 104 of the Riegle Community of the Fund, a report—
Treasury shall instruct the United States Development and Regulatory Improvement ‘‘(A) on the demographic data and trends of
Executive Director at each multilateral de- Act of 1994 (12 U.S.C. 4703) is amended by add- the diversity information made available
velopment bank— ing at the end the following: pursuant to paragraph (2), including break-
‘‘(1) to use voice and vote of the United ‘‘(l) CDFI OFFICE OF MINORITY LENDING IN- downs by each State (including the District
States to advocate for the adoption of a pol- STITUTIONS.—There is established within the of Columbia and each territory of the United
icy at the respective institution to collect, Fund an Office of Minority Lending Institu- States) and Tribal government entity; and
verify and publish beneficial ownership in- tions, which shall oversee assistance pro- ‘‘(B) containing any administrative or leg-
formation for any corporation or limited li- vided by the Fund to minority lending insti- islative recommendations of the Fund to en-
ability company, other than a publicly listed tutions.’’. hance the implementation of this title or to
(c) REPORTING ON MINORITY LENDING INSTI- promote diversity and inclusion within com-
company, that receives any assistance from
TUTIONS.—Section 117 of the Riegle Commu-
the bank; and munity development financial institutions.’’.
nity Development and Regulatory Improve-
‘‘(2) to vote against the provision of any (e) OFFICE OF DIVERSE AND MISSION-DRIVEN
ment Act of 1994 (12 U.S.C. 4716) is amended
assistance by the bank to any corporation or COMMUNITY FINANCIAL INSTITUTIONS.—
by adding at the end the following:
limited liability company, other than a pub- ‘‘(g) REPORTING ON MINORITY LENDING IN- (1) ESTABLISHMENT.—There is established
licly listed company, unless the bank col- STITUTIONS.—Each report required under sub- within the Department of the Treasury the
lects, verifies, and publishes beneficial own- section (a) shall include a description of the Office of Diverse and Mission-Driven Com-
ership information for the entity. extent to which assistance from the Fund munity Financial Institutions.
‘‘(b) DEFINITIONS.—In this section: are provided to minority lending institu- (2) LEADERSHIP.—The Office of Diverse and
‘‘(1) MULTILATERAL DEVELOPMENT BANK.— tions.’’. Mission-Driven Community Financial Insti-
The term ‘multilateral development bank’ (d) SUBMISSION OF DEMOGRAPHIC DATA RE- tutions shall be led by a Deputy Assistant
has the meaning given in section 1701(c)(4). LATING TO DIVERSITY BY COMMUNITY DEVEL- Secretary for Diverse and Mission-Driven
‘‘(2) BENEFICIAL OWNER.—The term ‘bene- OPMENT FINANCIAL INSTITUTIONS.—Section Community Financial Institutions, who
ficial owner’ has the meaning given in sec- 104 of the Riegle Community Development shall be appointed by the Secretary of the
tion 5336(3) of title 31, United States Code.’’. and Regulatory Improvement Act of 1994 (12 Treasury, in consultation with the Depart-
U.S.C. 4703), as amended by subsection (b), is ment of the Treasury’s Director of Office of
SEC. 5416. STRENGTHENING THE SEC’S WHISTLE- further amended by adding at the end the Minority and Women Inclusion.
BLOWER FUND.
following: (3) FUNCTIONS.—The Office of Diverse and
Section 21F(g)(3)(A) of the Securities Ex- ‘‘(m) SUBMISSION OF DEMOGRAPHIC DATA Mission-Driven Community Financial Insti-
change Act of 1934 (15 U.S.C. 78u-6(g)(3)(A)) is RELATING TO DIVERSITY.— tutions, pursuant to the direction of the Sec-
amended— ‘‘(1) DEFINITIONS.—In this subsection— retary, shall seek to provide support for di-
(1) in clause (i), by striking ‘‘$300,000,000’’ ‘‘(A) the term ‘executive officer’ has the verse and mission-driven community finan-
and inserting ‘‘$600,000,000 (as such amount is meaning given the term in section 230.501(f) cial institutions and have the authority—
indexed for inflation every 5 years by the of title 17, Code of Federal Regulations, as in (A) to monitor and issue reports regard-
Commission to reflect the change in the Con- effect on the date of enactment of this sub- ing—
sumer Price Index for All Urban Consumers section; (i) community development financial insti-
published by the Bureau of Labor Statis- ‘‘(B) the term ‘gender identity’ means the tutions, minority depository institutions,
tics)’’; and gender-related identity, appearance, manner- and minority lending institutions; and
(2) in clause (ii)— isms, or other gender-related characteristics (ii) the role such institutions play in the fi-
(A) by striking ‘‘$200,000,000’’ and inserting of an individual, regardless of the individ- nancial system of the United States, includ-
‘‘$600,000,000 (as such amount is indexed for ual’s designated sex at birth; ing the impact they have on providing finan-
inflation every 5 years by the Commission to ‘‘(C) the term ‘sexual orientation’ means cial access to low- and moderate-income
reflect the change in the Consumer Price homosexuality, heterosexuality, or bisex- communities, communities of color, and
Index for All Urban Consumers published by uality; and other underserved communities;
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the Bureau of Labor Statistics)’’; ‘‘(D) the term ‘veteran’ has the meaning (B) to serve as a resource and Federal liai-
(B) by striking ‘‘Fund’’ and inserting given the term in section 101 of title 38, son for current and prospective community
‘‘fund’’; and United States Code. development financial institutions, minority
(C) by striking ‘‘balance of the ‘‘(2) SUBMISSION OF DISCLOSURE.—Each depository institutions, and minority lend-
disgorgement fund’’ and inserting ‘‘balance Fund applicant and recipient shall provide ing institutions seeking to engage with the
of the Fund’’. data regarding such factors as may be deter- Department of the Treasury, the Community
mined by the Fund, which may include the Development Financial Institutions Fund
At the end of division E, add the following: following: (‘‘CDFI Fund’’), other Federal government
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6373
agencies, including by providing contact in- eral Deposit Insurance Corporation, and the of the Board of Governors of the Federal Re-
formation for other offices of the Depart- Director of the Bureau of Consumer Finan- serve System, the Comptroller of the Cur-
ment of the Treasury or other Federal Gov- cial Protection shall each, in consultation rency, the Chairman of the National Credit
ernment agencies, resources, technical as- with their respective Director of Office of Union Administration, the Chairperson of
sistance, or other support for entities wish- Minority and Women Inclusion, designate a the Board of Directors of the Federal Deposit
ing— senior official to be their respective agency’s Insurance Corporation, and the Director of
(i) to become certified as a community de- officer responsible for promoting minority the Bureau of Consumer Financial Protec-
velopment financial institution, and main- depository institutions, community develop- tion shall submit a joint report to the Com-
tain the certification; ment financial institutions, and minority mittee on Financial Services of the House of
(ii) to obtain a banking charter, deposit in- lending institutions, including to fulfill obli- Representatives and the Committee on
surance, or otherwise carry on banking ac- gations under section 308 of the Financial In- Banking, Housing, and Urban Affairs of the
tivities in a safe, sound, and responsible stitutions Reform, Recovery, and Enforce- Senate regarding the work that has been
manner; ment Act of 1989 (12 U.S.C. 1463 note) to pre- done the prior year to preserve, promote, and
(iii) to obtain financial support through serve and promote minority depository insti- strengthen community development finan-
private sector deposits, investments, part- tutions. cial institutions, minority depository insti-
nerships, and other means; (2) INTERAGENCY WORKING GROUP.—The De- tutions, and minority lending institutions,
(iv) to expand their operations through in- partment of the Treasury shall regularly along with any policy recommendations on
ternal growth and acquisitions; convene meetings, no less than once a quar- actions various government agencies and
(v) to develop and upgrade their tech- ter, of an interagency working group to be Congress should take to preserve, promote,
nology, cybersecurity resilience, compliance known as the ‘‘Interagency Working Group and strengthen community development fi-
systems, data reporting systems, and their to Promote Diverse and Mission-Driven nancial institutions, minority depository in-
capacity to support their communities, in- Community Financial Institutions’’, which stitutions, and minority lending institu-
cluding through partnerships with third- shall consist of the senior officials des- tions.
party companies; ignated by their respective agencies under SEC. 5912. CAPITAL INVESTMENTS, GRANTS, AND
(vi) to obtain grants, awards, investments paragraph (1), along with the Deputy Assist- TECHNOLOGY SUPPORT FOR MDIS
and other financial support made available ant Secretary for Diverse and Mission-Driv- AND CDFIS.
through the CDFI Fund, the Board of Gov- en Community Financial Institutions, the (a) AUTHORIZATION OF APPROPRIATION.—
ernors of the Federal Reserve System, the Director of the Community Development Fi- There is authorized to be appropriated to the
Central Liquidity Facility, the Federal nancial Institutions Fund, and such other Emergency Capital Investment Fund
Home Loan Banks, and other Federal pro- government officials as the Secretary of the $4,000,000,000. Such funds may be used for ad-
grams; Treasury may choose to invite, to examine ministrative expenses of the Department of
(vii) to participate as a financial inter- and discuss the state of minority depository the Treasury.
mediary with respect to various Federal and institutions, community development finan- (b) CONFORMING AMENDMENTS TO ALLOW
State programs and agencies, including the cial institutions, and minority lending insti- FOR ADDITIONAL PURCHASES OF CAPITAL.—
State Small Business Credit Initiative and tutions, and actions the relevant agencies Section 104A of the Riegle Community De-
programs of the Small Business Administra- can take to preserve, promote, and strength- velopment and Regulatory Improvement Act
tion; and en these institutions. of 1994 (12 U.S.C. 4703a) is amended—
(viii) to participate in Financial Agent (3) PROMOTING FAIR HOUSING AND COLLEC- (1) in subsection (c), by striking paragraph
Mentor-Protégé Program of the Department TIVE OWNERSHIP OPPORTUNITIES.— (2); and
of the Treasury and other Federal programs (A) INITIAL REPORT.—Not later than 18 (2) in subsection (e), by striking paragraph
designed to support private sector partner- months after the date of the enactment of (2).
ships; this subsection, the Secretary of Treasury, (c) USE OF FUNDS FOR CDFI FINANCIAL AND
(C) to provide resources to the public wish- jointly with the Secretary of Housing and TECHNICAL ASSISTANCE.—Section 104A of the
ing to learn more about minority depository Urban Development, shall issue a report to Riegle Community Development and Regu-
institutions, community development finan- the covered agencies and the Congress exam- latory Improvement Act of 1994 (12 U.S.C.
cial institutions, and minority lending insti- ining different ways financial institutions, 4703a) is amended by adding at the end the
tutions, including helping the Secretary im- including community development financial following:
plement the requirements under section 334, institutions, can affirmatively further fair ‘‘(p) USE OF FUNDS FOR CDFI FINANCIAL
publishing reports issued by the Office on the housing and be encouraged and incentivized AND TECHNICAL ASSISTANCE.—The Secretary
website of the Department of the Treasury to carry out activities that expand long-term shall transfer no less than $1,000,000,000 in
and providing hyperlinks to other relevant wealth-building opportunities within low-in- the Emergency Capital Investment Fund to
reports and materials from other Federal come and minority communities that sup- the Fund for the purpose of providing finan-
agencies; port collective ownership opportunities, in- cial and technical assistance grants to com-
(D) to provide policy recommendations to cluding through investments in worker co- munity development financial institutions
other relevant Federal agencies and Congress operatives, consumer cooperatives, commu- certified by the Secretary. The Fund shall
on ways to further strengthen Federal sup- nity land trusts, not-for-profit-led shared eq- provide such grants using a formula that
port for community development financial uity homeownership, and limited-equity co- takes into account criteria such as certifi-
institutions, minority depository institu- operatives, and to provide recommendations cation status, financial and compliance per-
tions, and minority lending institutions; to the covered agencies and the Congress in formance, portfolio and balance sheet
(E) to assist the Secretary in carrying out the furtherance of these objectives. strength, diversity of CDFI business model
the Secretary’s responsibilities under sec- (B) PROGRESS UPDATES.—Beginning not types, and program capacity.’’.
tion 308 of the Financial Institutions Re- later than three years after the date of the (d) TECHNOLOGY GRANTS FOR MDIS AND
form, Recovery, and Enforcement Act of 1989 enactment of this subsection, and every five CDFIS.—
(12 U.S.C. 1463 note) to preserve and promote years thereafter, the Secretary of the Treas- (1) STUDY AND REPORT ON CERTAIN TECH-
minority depository institutions in consulta- ury and the Secretary of Housing and Urban NOLOGY CHALLENGES.—
tion with the Chairman of the Board of Gov- Development shall, after receiving the nec- (A) STUDY.—The Secretary of the Treasury
ernors of the Federal Reserve System, the essary updates from the covered agencies, shall carry out a study on the technology
Comptroller of the Currency, the Chairman issue a report examining the progress made challenges impacting minority depository
of the National Credit Union Administra- on implementing relevant recommendations, institutions and community development fi-
tion, and the Chairperson of the Board of Di- and providing any additional recommenda- nancial institutions with respect to—
rectors of the Federal Deposit Insurance Cor- tions to the covered agencies and the Con- (i) internal technology capabilities and ca-
poration; gress in furtherance of the objectives under pacity of the institutions to process loan ap-
(F) to carry out other duties of the Sec- subparagraph (A). plications and otherwise serve current and
retary of the Treasury required by this sub- (C) COVERED AGENCIES.—For purposes of potential customers through the internet,
title and the amendments made by this sub- this subsection, the term ‘‘covered agencies’’ mobile phone applications, and other tools;
title, and to perform such other duties and means the Community Development Finan- (ii) technology capabilities and capacity of
authorities as may be assigned by the Sec- cial Institutions Fund, the Department of the institutions, provided in partnership
retary. Housing and Urban Development. the Board with third party companies, to process loan
(f) STRENGTHENING FEDERAL EFFORTS AND of Governors of the Federal Reserve System, applications and otherwise serve current and
INTERAGENCY COORDINATION TO PROMOTE DI- the Federal Deposit Insurance Corporation, potential customers through the internet,
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VERSE AND MISSION-DRIVEN COMMUNITY FI- the Office of the Comptroller of the Cur- mobile phone applications, and other tools;
NANCIAL INSTITUTIONS.— rency, the National Credit Union Adminis- (iii) cybersecurity; and
(1) SENIOR OFFICIALS DESIGNATED.—The tration, and the Federal Housing Finance (iv) challenges and solutions related to al-
Chairman of the Board of Governors of the Agency. gorithmic bias in the deployment of tech-
Federal Reserve System, the Comptroller of (4) ANNUAL REPORT TO CONGRESS.—Not later nology.
the Currency, the Chairman of the National than 1 year after the date of the enactment (B) REPORT.—Not later than 18 months
Credit Union Administration, the Chair- of this subsection, and annually thereafter, after the date of the enactment of this sub-
person of the Board of Directors of the Fed- the Secretary of the Treasury, the Chairman section, the Secretary shall submit a report
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H6374 CONGRESSIONAL RECORD — HOUSE July 13, 2022
to the Committee on Financial Services of stitution’’, ‘‘Fund’’, and ‘‘minority deposi- Fund and the Federal banking agencies,
the House of Representatives and the Com- tory institution’’ have the meaning given shall establish an interactive, searchable
mittee on Banking, Housing, and Urban Af- those terms, respectively, under section 103 map showing the geographic locations of the
fairs of the Senate that includes the results of the Riegle Community Development and headquarters and branch locations of minor-
of the study required under subparagraph Regulatory Improvement Act of 1994 (12 ity depository institutions, which shall be
(A). U.S.C. 4702). provided by the Federal banking agencies,
(2) TECHNOLOGY GRANT PROGRAM.— (f) GUIDANCE FOR SUBCHAPTER S AND MU- and community development financial insti-
(A) PROGRAM AUTHORIZED.—The Secretary TUAL BANKS.—Not later than 30 days after tutions that have been certified by the Sec-
shall carry out a technology grant program the date of enactment of this Act, the Board retary, including breakdowns by each State
to make grants to minority depository insti- of Governors of the Federal Reserve System (including the District of Columbia and each
tutions and community development finan- and the Secretary shall issue guidance re- territory of the United States), Tribal gov-
cial institutions to address technology chal- garding how Emergency Capital Investment ernment entity, and congressional district.
lenges impacting such institutions. Program investments (whether made before Such map shall also provide a link to the
(B) APPLICATION.—To be eligible to be or after the date of enactment of this Act) website of each such minority depository in-
awarded a grant under this paragraph, a mi- are considered for purposes of various pru- stitution and community development finan-
nority depository institution or community dential requirements, including debt to eq- cial institution.
development financial institution shall sub- uity, leverage ratio, and double leverage (b) DEFINITIONS.—In this section:
mit an application to the Secretary at such ratio requirements with respect to sub- (1) CDFI FUND.—The term ‘‘CDFI Fund’’
time, in such manner, and containing such chapter S and mutual bank recipients of means the Community Development Finan-
information as the Secretary may require. such investments. cial Institutions Fund established under sec-
(C) USE OF FUNDS.—A minority depository (g) COLLECTION OF DATA.—Section 111 of tion 104(a) of the Riegle Community Devel-
institution or community development fi- the Riegle Community Development and opment and Regulatory Improvement Act of
nancial institution that is awarded a grant Regulatory Improvement Act of 1994 (12 1994.
under this paragraph may use the grant U.S.C. 4710) is amended— (2) COMMUNITY DEVELOPMENT FINANCIAL IN-
funds to— (1) by striking ‘‘The Fund’’ and inserting STITUTION.—The term ‘‘community develop-
(i) enhance or adopt technologies that— the following: ment financial institution’’ has the meaning
(I) shorten loan approval processes; ‘‘(a) IN GENERAL.—The Fund’’; and given in section 103 of the Riegle Community
(II) improve customer experience; (2) by adding at the end the following: Development and Regulatory Improvement
(III) provide additional services to cus- ‘‘(b) COLLECTION OF CERTAIN DATA BY
Act of 1994.
tomers; CDFIS.—Notwithstanding the Equal Credit
(3) FEDERAL BANKING AGENCY.—The term
(IV) facilitate compliance with applicable Opportunity Act (15 U.S.C. 1691 et seq.)—
‘‘Federal banking agency’’—
laws, regulations, and program require- ‘‘(1) a community development financial
(A) has the meaning given in section 3 of
ments, including testing to ensure that the institution may collect data described in
the Federal Deposit Insurance Act; and
use of technology does not result in discrimi- section 701(a)(1) of that Act (15 U.S.C.
(B) means the National Credit Union Ad-
nation, and helping to satisfy data reporting 1691(a)(1)) from borrowers and applicants for
ministration.
requirements; credit for the sole purpose and exclusive use
(4) MINORITY DEPOSITORY INSTITUTION.—The
(V) help ensure privacy of customer to ensure that targeted populations and low-
term ‘‘minority depository institution’’ has
records and cybersecurity resilience; and income residents of investment areas are
the meaning given in section 308(b) of the Fi-
(VI) reduce the unbanked and underbanked adequately served and to report the level of
population; or nancial Institutions Reform, Recovery, and
service provided to such populations and
(ii) carry out such other activities as the Enforcement Act of 1989.
areas to the Fund; and
Secretary determines appropriate. ‘‘(2) a community development financial SEC. 5915. REPORT ON CERTIFIED COMMUNITY
(3) FUNDING.—The Secretary may use DEVELOPMENT FINANCIAL INSTITU-
institution that collects the data described
TIONS.
amounts in the Emergency Capital Invest- in paragraph (1) shall not be subject to ad-
ment Fund to implement and make grants verse action related to that collection by the Section 117(a) of the Riegle Community
under paragraph (2), but not to exceed Bureau of Consumer Financial Protection or Development and Regulatory Improvement
$250,000,000 in the aggregate. any other Federal agency.’’. Act of 1994 (12 U.S.C. 4716(a)) is amended—
(4) DEFINITIONS.—In this subsection, the SEC. 5913. SUPPORTING YOUNG ENTRE- (1) by striking ‘‘The Fund’’ and inserting
terms ‘‘community development financial PRENEURS PROGRAM. the following:
institution’’ and ‘‘minority depository insti- Section 108 of the Riegle Community De- ‘‘(1) IN GENERAL.—The Fund’’;
tution’’ have the meaning given those terms, velopment and Regulatory Improvement Act (2) by striking ‘‘and the Congress’’ and in-
respectively, under section 103 of the Riegle of 1994 (12 U.S.C. 4707), as amended by section serting ‘‘, the Congress, and the public’’; and
Community Development and Regulatory 331(a)(1), is further amended by adding at the (3) by adding at the end the following:
Improvement Act of 1994 (12 U.S.C. 4702). end the following: ‘‘(2) REPORT ON CERTIFIED COMMUNITY DE-
(e) PILOT PROGRAM FOR ESTABLISHING DE ‘‘(j) SUPPORTING YOUNG ENTREPRENEURS VELOPMENT FINANCIAL INSTITUTIONS.—The an-
NOVO CDFIS AND MDIS.— PROGRAM.— nual report required under paragraph (1)
(1) IN GENERAL.—The Secretary of the ‘‘(1) IN GENERAL.—The Fund shall establish shall include a report on community devel-
Treasury, in consultation with the Fund and a Supporting Young Entrepreneurs Program opment financial institutions (‘CDFIs’) that
the appropriate Federal banking agencies, under which the Fund may provide financial have been certified by the Secretary of the
shall establish a pilot program to provide awards to the community development fi- Treasury, including a summary with aggre-
competitive grants to a person for the pur- nancial institutions that the Fund deter- gate data and analysis, to the fullest extent
pose of providing capital for such person to mines have the best programs to help young practicable, regarding—
establish a minority depository institution entrepreneurs get the start up capital needed ‘‘(A) a list of the types of organizations
or a community development financial insti- to start a small business, with a focus on that are certified as CDFIs, and the number
tution. supporting young women entrepreneurs, en- of each type of organization;
(2) APPLICATION.—A person desiring a grant trepreneurs who are Black, Hispanic, Asian ‘‘(B) the geographic location and capacity
under this subsection shall submit to the or Pacific Islander, and Native American or of different types of certified CDFIs, includ-
Secretary an application in such form and Native Alaskan and other historically under- ing overall impact breakdowns by each State
containing such information as the Sec- represented groups or first time business (including the District of Columbia and each
retary determines appropriate. owners. territory of the United States) and Tribal
(3) DISBURSEMENT.—Before disbursing ‘‘(2) NO MATCHING REQUIREMENT.—The government entity;
grant amounts to a person selected to re- matching requirement under subsection (e) ‘‘(C) the lines of business for different
ceive a grant under this subsection, the Sec- shall not apply to awards made under this types of certified CDFIs;
retary shall ensure that such person has re- subsection. ‘‘(D) human resources and staffing infor-
ceived approval from the appropriate Federal ‘‘(3) FUNDING.—In carrying out this sub- mation for different types of certified CDFIs,
banking agency (or such other Federal or section, the Fund may use— including—
State agency from whom approval is re- ‘‘(A) amounts in the Emergency Capital In- ‘‘(E) the types of development services pro-
quired) to establish a minority depository in- vestment Fund, but not to exceed $100,000,000 vided by different types of certified CDFIs;
stitution or a community development fi- in the aggregate; and ‘‘(F) the target markets of different types
nancial institution, as applicable. ‘‘(B) such other funds as may be appro- of certified CDFIs and the amount of prod-
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(4) FUNDING.—The Secretary may use priated by Congress to the Fund to carry out ucts and services offered by CDFIs to those
amounts in the Emergency Capital Invest- the Supporting Young Entrepreneurs Pro- target markets, including—
ment Fund to implement and make grants gram.’’. ‘‘(i) the number and amount of loans and
under paragraph (2), but not to exceed SEC. 5914. MAP OF MINORITY DEPOSITORY INSTI- loan guarantees made in those target mar-
$100,000,000 in the aggregate. TUTIONS AND COMMUNITY DEVEL- kets;
(5) DEFINITIONS.—In this subsection, the OPMENT FINANCIAL INSTITUTIONS. ‘‘(ii) the number and amount of other in-
terms ‘‘appropriate Federal banking agen- (a) IN GENERAL.—The Secretary of the vestments made in those target markets;
cy’’, ‘‘community development financial in- Treasury, in consultation with the CDFI and
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6375
‘‘(iii) the number and amount of develop- ment of this Act, the Secretary shall issue a surance Act, and includes a ‘‘Federal credit
ment services offered in those target mar- report to the Committee on Financial Serv- union’’ and a ‘‘State credit union’’ as such
kets; and ices of the House of Representatives and the terms are defined, respectively, under sec-
‘‘(G) such other information as the Direc- Committee on Banking, Housing, and Urban tion 101 of the Federal Credit Union Act.
tor of the Fund may determine necessary to Affairs of the Senate containing— (2) COMMUNITY DEVELOPMENT FINANCIAL IN-
promote transparency of the impact of dif- (1) all findings and determinations made in STITUTION.—The term ‘‘community develop-
ferent types of CDFIs, while carrying out carrying out the study required under sub- ment financial institution’’ has the meaning
this report in a manner that seeks to mini- section (a); and given in section 103 of the Riegle Community
mize data reporting requirements from cer- (2) any legislative or administrative rec- Development and Regulatory Improvement
tified CDFIs when feasible, including uti- ommendations of the Secretary that would Act of 1994.
lizing information gathered from other regu- promote the responsible use of securitization (3) FEDERAL BANKING REGULATORS.—The
lators under section 104(l).’’. to help CDFIs in reaching more underserved term ‘‘Federal banking regulators’’ means
SEC. 5916. CONSULTATION AND MINIMIZATION communities. the Board of Governors of the Federal Re-
OF DATA REQUESTS. (c) CDFI DEFINED.—The term ‘‘CDFI’’ has serve System, the Comptroller of the Cur-
Section 104 of the Riegle Community De- the meaning given the term ‘‘community de- rency, the Federal Deposit Insurance Cor-
velopment and Regulatory Improvement Act velopment financial institution’’ under sec- poration, the National Credit Union Admin-
of 1994 (12 U.S.C. 4703) is amended by adding tion 103 of the Riegle Community Develop- istration, and the Director of the Bureau of
at the end the following: ment and Regulatory Improvement Act of Consumer Financial Protection.
‘‘(l) CONSULTATION AND MINIMIZATION OF 1994. (4) MINORITY DEPOSITORY INSTITUTION.—The
DATA REQUESTS.— Subtitle B—Promoting New and Diverse term ‘‘minority depository institution’’ has
‘‘(1) IN GENERAL.—In carrying out its du- Depository Institutions the meaning given in section 308(b) of the Fi-
ties, the Fund shall— nancial Institutions Reform, Recovery, and
SEC. 5921. STUDY AND STRATEGIC PLAN.
‘‘(A) periodically, and no less frequent than Enforcement Act of 1989.
once a year, consult with the applicable Fed- (a) IN GENERAL.—The Federal banking reg-
Subtitle C—Ensuring Diversity in
eral regulator of certified CDFIs and appli- ulators shall jointly—
Community Banking
cants to be a certified CDFI (‘applicants)’; (1) conduct a study about the challenges
SEC. 5931. SHORT TITLE.
‘‘(B) seek to gather any information nec- faced by proposed depository institutions, in-
cluding proposed minority depository insti- This subtitle may be cited as the ‘‘Ensur-
essary related to Fund certification and ing Diversity in Community Banking Act’’.
award decisions on certified CDFIs and appli- tutions, seeking de novo depository institu-
tion charters; and SEC. 5932. SENSE OF CONGRESS ON FUNDING
cants from the applicable Federal regulator, THE LOAN-LOSS RESERVE FUND FOR
and such regulators shall use reasonable ef- (2) submit to the Committee on Financial SMALL DOLLAR LOANS.
forts to provide such information to the Services of the House of Representatives and The sense of Congress is the following:
Fund, to minimize duplicative data collec- the Committee on Banking, Housing, and (1) The Community Development Financial
tion requests made by the Fund of certified Urban Affairs of the Senate and publish pub- Institutions Fund (the ‘‘CDFI Fund’’) is an
CDFIs and applicants and to expedite certifi- lically, not later than 18 months after the agency of the Department of the Treasury,
cation, award, or other relevant processes date of the enactment of this section— and was established by the Riegle Commu-
administered by the Fund. (A) an analysis based on the study con- nity Development and Regulatory Improve-
‘‘(2) APPLICABLE FEDERAL REGULATOR DE- ducted pursuant to paragraph (1); ment Act of 1994. The mission of the CDFI
FINED.—In this subsection, the term ‘applica- (B) any findings from the study conducted Fund is ‘‘to expand economic opportunity for
ble Federal regulator’ means— pursuant to paragraph (1); and underserved people and communities by sup-
‘‘(A) with respect to a certified CDFI or an (C) any legislative recommendations that porting the growth and capacity of a na-
applicant that is regulated by both an appro- the Federal banking regulators developed tional network of community development
priate Federal banking agency and the Bu- based on the study conducted pursuant to lenders, investors, and financial service pro-
reau of Consumer Financial Protection, the paragraph (1). viders’’. A community development financial
Bureau of Consumer Financial Protection; (b) STRATEGIC PLAN.— institution (a ‘‘CDFI’’) is a specialized finan-
‘‘(B) with respect to a certified CDFI or an (1) IN GENERAL.—Not later than 18 months cial institution serving low-income commu-
applicant that is not regulated by the Bu- after the date of the enactment of this sec- nities and a Community Development Entity
reau of Consumer Financial Protection, the tion, the Federal banking regulators shall (a ‘‘CDE’’) is a domestic corporation or part-
appropriate Federal banking agency for such jointly submit to the Committee on Finan- nership that is an intermediary vehicle for
applicant; or cial Services of the House of Representatives the provision of loans, investments, or finan-
‘‘(C) the Bureau of Consumer Financial and the Committee on Banking, Housing, cial counseling in low-income communities.
Protection, with respect to a certified CDFI and Urban Affairs of the Senate and publish The CDFI Fund certifies CDFIs and CDEs.
or an applicant— publically a strategic plan based on the Becoming a certified CDFI or CDE allows or-
‘‘(i) that is not regulated by an appropriate study conducted pursuant to subsection (a) ganizations to participate in various CDFI
Federal banking agency; and and designed to help proposed depository in- Fund programs as follows:
‘‘(ii) that offers or provides consumer fi- stitutions (including proposed minority de- (A) The Bank Enterprise Award Program,
nancial products or services (as defined in pository institutions) successfully apply for which provides FDIC-insured depository in-
section 1002 of the Consumer Financial Pro- de novo depository institution charters in a stitutions awards for a demonstrated in-
tection Act of 2010 (12 U.S.C. 5481).’’. manner that promotes increased availability crease in lending and investments in dis-
SEC. 5917. ACCESS TO THE DISCOUNT WINDOW
of banking and financial services, safety and tressed communities and CDFIs.
OF THE FEDERAL RESERVE SYSTEM soundness, consumer protection, community (B) The CDFI Program, which provides Fi-
FOR MDIS AND CDFIS. reinvestment, financial stability, and a level nancial and Technical Assistance awards to
Within 1 year after the date of enactment playing field. CDFIs to reinvest in the CDFI, and to build
of this Act, the Board of Governors of the (2) CONTENTS OF STRATEGIC PLAN.—The the capacity of the CDFI, including financ-
Federal Reserve System shall establish a strategic plan described in paragraph (1) ing product development and loan loss re-
process under which minority depository in- shall— serves.
stitutions and community development fi- (A) promote the chartering of de novo de- (C) The Native American CDFI Assistance
nancial institutions may have access to the pository institutions, including— Program, which provides CDFIs and spon-
discount window, at the seasonal credit in- (i) proposed minority depository institu- soring entities Financial and Technical As-
terest rate most recently published on the tions; and sistance awards to increase lending and grow
Federal Reserve Statistical Release on se- (ii) proposed depository institutions that the number of CDFIs owned by Native Amer-
lected interest rates (daily or weekly). could be certified as community develop- icans to help build capacity of such CDFIs.
SEC. 5918. STUDY ON SECURITIZATION BY CDFIS. ment financial institutions; and (D) The New Market Tax Credit Program,
(a) IN GENERAL.—The Secretary of the (B) describe actions the Federal banking which provides tax credits for making equity
Treasury, in consultation with the Commu- regulators may take that would increase the investments in CDEs that stimulate capital
nity Development Financial Institutions number of depository institutions located in investments in low-income communities.
Fund and such other Federal agencies as the geographic areas where consumers lack ac- (E) The Capital Magnet Fund, which pro-
Secretary determines appropriate, shall cess to a branch of a depository institution. vides awards to CDFIs and nonprofit afford-
carry out a study on— (c) PUBLIC INVOLVEMENT.—When con- able housing organizations to finance afford-
(1) the use of securitization by CDFIs; ducting the study and developing the stra- able housing solutions and related economic
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(2) any barriers to the use of securitization tegic plan required by this section, the Fed- development activities.
as a source of liquidity by CDFIs; and eral banking regulators shall invite com- (F) The Bond Guarantee Program, a source
(3) any authorities available to the Govern- ments and other feedback from the public to of long-term, patient capital for CDFIs to ex-
ment to support the use of securitization by inform the study and strategic plan. pand lending and investment capacity for
CDFIs to the extent it helps serve under- (d) DEFINITIONS.—In this section: community and economic development pur-
served communities. (1) DEPOSITORY INSTITUTION.—The term poses.
(b) REPORT.—Not later than the end of the ‘‘depository institution’’ has the meaning (2) The Department of the Treasury is au-
1-year period beginning on the date of enact- given in section 3 of the Federal Deposit In- thorized to create multi-year grant programs
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H6376 CONGRESSIONAL RECORD — HOUSE July 13, 2022
designed to encourage low-to-moderate in- (b) NOTIFICATION OF ELIGIBILITY.—Based on and other issues of concern to covered mi-
come individuals to establish accounts at data obtained through examinations of de- nority institutions.
federally insured banks, and to improve low- pository institutions, the appropriate Fed- (c) MEMBERSHIP.—
to-moderate income individuals’ access to eral banking agency shall notify a deposi- (1) IN GENERAL.—Each Minority Deposi-
such accounts on reasonable terms. tory institution if the institution is eligible tories Advisory Committee shall consist of
(3) Under this authority, grants to partici- to be designated as an impact bank. no more than 10 members, who—
pants in CDFI Fund programs may be used (c) APPLICATION.—Regardless of whether or (A) shall serve for one two-year term;
for loan-loss reserves and to establish small- not it has received a notice of eligibility (B) shall serve as a representative of a de-
dollar loan programs by subsidizing related under subsection (b), a depository institution pository institution or an insured credit
losses. These grants also allow for the pro- may submit an application to the appro- union with respect to which the respective
viding recipients with the financial coun- priate Federal banking agency— covered regulator is the covered regulator of
seling and education necessary to conduct (1) requesting to be designated as an im- such depository institution or insured credit
transactions and manage their accounts. pact bank; and union; and
These loans provide low-cost alternatives to (2) demonstrating that the depository in- (C) shall not receive pay by reason of their
payday loans and other nontraditional forms stitution meets the applicable qualifications. service on the advisory committee, but may
of financing that often impose excessive in- (d) LIMITATION ON ADDITIONAL DATA RE- receive travel or transportation expenses in
terest rates and fees on borrowers, and lead QUIREMENTS.—The Federal banking agencies
accordance with section 5703 of title 5,
millions of Americans to fall into debt traps. may only impose additional data collection United States Code.
Small-dollar loans can only be made pursu- requirements on a depository institution (2) DIVERSITY.—To the extent practicable,
ant to terms, conditions, and practices that under this section if such data is— each covered regulator shall ensure that the
are reasonable for the individual consumer (1) necessary to process an application sub- members of the Minority Depositories Advi-
obtaining the loan. mitted by the depository institution to be sory Committee of such agency reflect the
(4) Program participation is restricted to designated an impact bank; or diversity of covered minority institutions.
eligible institutions, which are limited to or- (2) with respect to a depository institution
ganizations listed in section 501(c)(3) of the that is designated as an impact bank, nec- (d) MEETINGS.—
Internal Revenue Code and exempt from tax essary to ensure the depository institution’s (1) IN GENERAL.—Each Minority Deposi-
under 501(a) of such Code, federally insured ongoing qualifications to maintain such des- tories Advisory Committee shall meet not
depository institutions, community develop- ignation. less frequently than twice each year.
ment financial institutions and State, local, (e) REMOVAL OF DESIGNATION.—If the ap- (2) NOTICE AND INVITATIONS.—Each Minor-
or Tribal government entities. propriate Federal banking agency deter- ity Depositories Advisory Committee shall—
(5) According to the CDFI Fund, some pro- mines that a depository institution des- (A) notify the Committee on Financial
grams attract as much as $10 in private cap- ignated as an impact bank no longer meets Services of the House of Representatives and
ital for every $1 invested by the CDFI Fund. the criteria for such designation, the appro- the Committee on Banking, Housing, and
The Administration and the Congress should priate Federal banking agency shall rescind Urban Affairs of the Senate in advance of
prioritize appropriation of funds for the loan the designation and notify the depository in- each meeting of the Minority Depositories
loss reserve fund and technical assistance stitution of such rescission. Advisory Committee; and
programs administered by the Community (f) RECONSIDERATION OF DESIGNATION; AP- (B) invite the attendance at each meeting
Development Financial Institution Fund. PEALS.—Under such procedures as the Fed- of the Minority Depositories Advisory Com-
SEC. 5933. DEFINITIONS. eral banking agencies may establish, a de- mittee of—
In this subtitle: pository institution may— (i) one member of the majority party and
(1) COMMUNITY DEVELOPMENT FINANCIAL IN- (1) submit to the appropriate Federal bank- one member of the minority party of the
STITUTION.—The term ‘‘community develop- ing agency a request to reconsider a deter- Committee on Financial Services of the
ment financial institution’’ has the meaning mination that such depository institution no House of Representatives and the Committee
given under section 103 of the Riegle Commu- longer meets the criteria for the designation; on Banking, Housing, and Urban Affairs of
nity Development and Regulatory Improve- or the Senate; and
ment Act of 1994 (12 U.S.C. 4702). (2) file an appeal of such determination. (ii) one member of the majority party and
(2) MINORITY DEPOSITORY INSTITUTION.—The (g) RULEMAKING.—Not later than 1 year one member of the minority party of any rel-
term ‘‘minority depository institution’’ has after the date of the enactment of this Act, evant subcommittees of such committees.
the meaning given under section 308 of the the Federal banking agencies shall jointly (e) NO TERMINATION OF ADVISORY COMMIT-
Financial Institutions Reform, Recovery, issue rules to carry out the requirements of TEES.—The termination requirements under
and Enforcement Act of 1989 (12 U.S.C. 1463 this section, including by providing a defini- section 14 of the Federal Advisory Com-
note), as amended by this Act. tion of a low-income borrower. mittee Act (5 U.S.C. app.) shall not apply to
SEC. 5934. INCLUSION OF WOMEN’S BANKS IN (h) REPORTS.—Each Federal banking agen- a Minority Depositories Advisory Committee
THE DEFINITION OF MINORITY DE- cy shall submit an annual report to the Con- established pursuant to this section.
POSITORY INSTITUTION. gress containing a description of actions
(f) DEFINITIONS.—In this section:
Section 308(b)(1) of the Financial Institu- taken to carry out this section.
(i) FEDERAL DEPOSIT INSURANCE ACT DEFI- (1) COVERED REGULATOR.—The term ‘‘cov-
tions Reform, Recovery, and Enforcement
NITIONS.—In this section, the terms ‘‘deposi-
ered regulator’’ means the Comptroller of
Act of 1989 (12 U.S.C. 1463 note) is amended—
tory institution’’, ‘‘appropriate Federal the Currency, the Board of Governors of the
(1) by redesignating subparagraphs (A), (B),
banking agency’’, and ‘‘Federal banking Federal Reserve System, the Federal Deposit
and (C) as clauses (i), (ii), and (iii), respec-
agency’’ have the meanings given such Insurance Corporation, and the National
tively;
terms, respectively, in section 3 of the Fed- Credit Union Administration.
(2) by striking ‘‘means any’’ and inserting
eral Deposit Insurance Act (12 U.S.C. 1813). (2) COVERED MINORITY INSTITUTION.—The
the following: ‘‘means—
SEC. 5936. MINORITY DEPOSITORIES ADVISORY
term ‘‘covered minority institution’’ means
‘‘(A) any’’; and
COMMITTEES. a minority depository institution (as defined
(3) in clause (iii) (as so redesignated), by
(a) ESTABLISHMENT.—Each covered regu- in section 308(b) of the Financial Institutions
striking the period at the end and inserting
lator shall establish an advisory committee Reform, Recovery, and Enforcement Act of
‘‘; or’’; and
to be called the ‘‘Minority Depositories Advi- 1989 (12 U.S.C. 1463 note)).
(4) by inserting at the end the following
sory Committee’’. (3) DEPOSITORY INSTITUTION.—The term
new subparagraph:
(b) DUTIES.—Each Minority Depositories ‘‘depository institution’’ has the meaning
‘‘(B) any bank described in clause (i), (ii),
Advisory Committee shall provide advice to given under section 3 of the Federal Deposit
or (iii) of section 19(b)(1)(A) of the Federal
the respective covered regulator on meeting Insurance Act (12 U.S.C. 1813).
Reserve Act—
the goals established by section 308 of the Fi- (4) INSURED CREDIT UNION.—The term ‘‘in-
‘‘(i) more than 50 percent of the out-
nancial Institutions Reform, Recovery, and sured credit union’’ has the meaning given in
standing shares of which are held by 1 or
Enforcement Act of 1989 (12 U.S.C. 1463 note) section 101 of the Federal Credit Union Act
more women; and
to preserve the present number of covered (12 U.S.C. 1752).
‘‘(ii) the majority of the directors on the
board of directors of which are women.’’. minority institutions, preserve the minority (g) TECHNICAL AMENDMENT.—Section 308(b)
SEC. 5935. ESTABLISHMENT OF IMPACT BANK character of minority-owned institutions in of the Financial Institutions Reform, Recov-
DESIGNATION. cases involving mergers or acquisitions, pro- ery, and Enforcement Act of 1989 (12 U.S.C.
(a) IN GENERAL.—Each Federal banking vide technical assistance, and encourage the 1463 note) is amended by adding at the end
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agency shall establish a program under creation of new covered minority institu- the following new paragraph:
which a depository institution with total tions. The scope of the work of each such Mi- ‘‘(3) DEPOSITORY INSTITUTION.—The term
consolidated assets of less than $10,000,000,000 nority Depositories Advisory Committee ‘depository institution’ means an ‘insured
may elect to be designated as an impact shall include an assessment of the current depository institution’ (as defined in section
bank if the total dollar value of the loans ex- condition of covered minority institutions, 3 of the Federal Deposit Insurance Act (12
tended by such depository institution to low- what regulatory changes or other steps the U.S.C. 1813)) and an insured credit union (as
income borrowers is greater than or equal to respective agencies may be able to take to defined in section 101 of the Federal Credit
50 percent of the assets of such bank. fulfill the requirements of such section 308, Union Act (12 U.S.C. 1752)).’’.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6377
SEC. 5937. FEDERAL DEPOSITS IN MINORITY DE- described in subsection (a), and annually ‘‘(ii)(I) with respect to an insured deposi-
POSITORY INSTITUTIONS. thereafter, the head of each Federal depart- tory institution, of a person to vote 25 per
(a) IN GENERAL.—Section 308 of the Finan- ment or agency shall submit to Congress a centum or more of any class of voting securi-
cial Institutions Reform, Recovery, and En- report on the actions taken to increase the ties of such institution; or
forcement Act of 1989 (12 U.S.C. 1463 note) is use of minority depository institutions to ‘‘(II) with respect to an insured depository
amended— hold the deposits of each such department or institution that is an impact bank (as des-
(1) by adding at the end the following new agency. ignated pursuant to section 5935 of the En-
subsection: ‘‘(c) DEFINITIONS.—For purposes of this sec- suring Diversity in Community Banking
‘‘(d) FEDERAL DEPOSITS.—The Secretary of tion: Act) or a minority depository institution (as
the Treasury shall ensure that deposits made ‘‘(1) CREDIT UNION.—The term ‘credit union’ defined in section 308(b) of the Financial In-
by Federal agencies in minority depository has the meaning given the term ‘insured stitutions Reform, Recovery, and Enforce-
institutions and impact banks are credit union’ in section 101 of the Federal ment Act of 1989), of an individual to vote 30
collateralized or insured, as determined by Credit Union Act (12 U.S.C. 1752). percent or more of any class of voting securi-
the Secretary. Such deposits shall include ‘‘(2) DEPOSITORY INSTITUTION.—The term ties of such an impact bank or a minority de-
reciprocal deposits as defined in section ‘depository institution’ has the meaning pository institution.’’.
337.6(e)(2)(v) of title 12, Code of Federal Reg- given in section 3 of the Federal Deposit In- (b) RULEMAKING.—The Federal banking
ulations (as in effect on March 6, 2019).’’; and surance Act (12 U.S.C. 1813). agencies (as defined in section 3 of the Fed-
(2) in subsection (b), as amended by section ‘‘(3) MINORITY DEPOSITORY INSTITUTION.— eral Deposit Insurance Act (12 U.S.C. 1813))
6(g), by adding at the end the following new The term ‘minority depository institution’ shall jointly issue rules for de novo minority
paragraph: has the meaning given that term under sec- depository institutions and de novo impact
‘‘(4) IMPACT BANK.—The term ‘impact bank’ tion 308 of this Act.’’. banks (as designated pursuant to section
means a depository institution designated by (b) CONFORMING AMENDMENTS.—The fol- 5935) to allow 3 years to meet the capital re-
the appropriate Federal banking agency pur- lowing provisions are amended by striking quirements otherwise applicable to minority
suant to section 5935 of the Ensuring Diver- ‘‘1204(c)(3)’’ and inserting ‘‘1204(c)’’: depository institutions and impact banks.
sity in Community Banking Act.’’. (1) Section 808(b)(3) of the Community Re-
(b) TECHNICAL AMENDMENTS.—Section 308 (c) REPORT.—Not later than 1 year after
investment Act of 1977 (12 U.S.C. 2907(b)(3)). the date of the enactment of this Act, the
of the Financial Institutions Reform, Recov- (2) Section 40(g)(1)(B) of the Federal De-
ery, and Enforcement Act of 1989 (12 U.S.C. Federal banking agencies shall jointly sub-
posit Insurance Act (12 U.S.C. 1831q(g)(1)(B)). mit to Congress a report on—
1463 note) is amended— (3) Section 704B(h)(4) of the Equal Credit
(1) in the matter preceding paragraph (1), (1) the principal causes for the low number
Opportunity Act (15 U.S.C. 1691c–2(h)(4)). of de novo minority depository institutions
by striking ‘‘section—’’ and inserting ‘‘sec- SEC. 5939. DIVERSITY REPORT AND BEST PRAC-
tion:’’; and during the 10-year period preceding the date
TICES.
(2) in the paragraph heading for paragraph of the report;
(a) ANNUAL REPORT.—Each covered regu- (2) the main challenges to the creation of
(1), by striking ‘‘FINANCIAL’’ and inserting lator shall submit to Congress an annual re-
‘‘DEPOSITORY’’. de novo minority depository institutions and
port on diversity including the following: de novo impact banks; and
SEC. 5938. MINORITY BANK DEPOSIT PROGRAM. (1) Data, based on voluntary self-identi-
(a) IN GENERAL.—Section 1204 of the Finan- (3) regulatory and legislative consider-
fication, on the racial, ethnic, and gender ations to promote the establishment of de
cial Institutions Reform, Recovery, and En- composition of the examiners of each cov-
forcement Act of 1989 (12 U.S.C. 1811 note) is novo minority depository institutions and de
ered regulator, disaggregated by length of novo impact banks.
amended to read as follows: time served as an examiner.
‘‘SEC. 1204. EXPANSION OF USE OF MINORITY DE- SEC. 5941. REPORT ON COVERED MENTOR-PRO-
(2) The status of any examiners of covered TEGE PROGRAMS.
POSITORY INSTITUTIONS. regulators, based on voluntary self-identi-
‘‘(a) MINORITY BANK DEPOSIT PROGRAM.— (a) REPORT.—Not later than 6 months after
fication, as a veteran.
‘‘(1) ESTABLISHMENT.—There is established the date of the enactment of this Act and an-
(3) Whether any covered regulator, as of
a program to be known as the ‘Minority nually thereafter, the Secretary of the
the date on which the report required under
Bank Deposit Program’ to expand the use of Treasury shall submit to Congress a report
this section is submitted, has adopted a pol-
minority depository institutions. on participants in a covered mentor-protege
icy, plan, or strategy to promote racial, eth-
‘‘(2) ADMINISTRATION.—The Secretary of program, including—
nic, and gender diversity among examiners
the Treasury, acting through the Fiscal (1) an analysis of outcomes of such pro-
of the covered regulator.
Service, shall— gram;
(4) Whether any special training is devel-
‘‘(A) on application by a depository insti- (2) the number of minority depository in-
oped and provided for examiners related spe-
tution or credit union, certify whether such stitutions that are eligible to participate in
cifically to working with depository institu-
depository institution or credit union is a such program but do not have large financial
tions and credit unions that serve commu-
minority depository institution; institution mentors; and
nities that are predominantly minorities,
‘‘(B) maintain and publish a list of all de- (3) recommendations for how to match
low income, or rural, and the key focus of
pository institutions and credit unions that such minority depository institutions with
such training.
have been certified pursuant to subparagraph (b) BEST PRACTICES.—Each Office of Minor- large financial institution mentors.
(A); and ity and Women Inclusion of a covered regu- (b) DEFINITIONS.—In this section:
‘‘(C) periodically distribute the list de- lator shall develop, provide to the head of (1) COVERED MENTOR-PROTEGE PROGRAM.—
scribed in subparagraph (B) to— the covered regulator, and make publicly The term ‘‘covered mentor-protege program’’
‘‘(i) all Federal departments and agencies; available best practices— means a mentor-protege program established
‘‘(ii) interested State and local govern- (1) for increasing the diversity of can- by the Secretary of the Treasury pursuant to
ments; and didates applying for examiner positions, in- section 45 of the Small Business Act (15
‘‘(iii) interested private sector companies. cluding through outreach efforts to recruit U.S.C. 657r).
‘‘(3) INCLUSION OF CERTAIN ENTITIES ON diverse candidate to apply for entry-level ex- (2) LARGE FINANCIAL INSTITUTION.—The
LIST.—A depository institution or credit aminer positions; and term ‘‘large financial institution’’ means
union that, on the date of the enactment of (2) for retaining and providing fair consid- any entity—
this section, has a current certification from eration for promotions within the examiner (A) regulated by the Comptroller of the
the Secretary of the Treasury stating that staff for purposes of achieving diversity Currency, the Board of Governors of the Fed-
such depository institution or credit union is among examiners. eral Reserve System, the Federal Deposit In-
a minority depository institution shall be in- (c) COVERED REGULATOR DEFINED.—In this surance Corporation, or the National Credit
cluded on the list described under paragraph section, the term ‘‘covered regulator’’ means Union Administration; and
(2)(B). the Comptroller of the Currency, the Board (B) that has total consolidated assets
‘‘(b) EXPANDED USE AMONG FEDERAL DE- of Governors of the Federal Reserve System, greater than or equal to $50,000,000,000.
PARTMENTS AND AGENCIES.— the Federal Deposit Insurance Corporation, SEC. 5942. CUSTODIAL DEPOSIT PROGRAM FOR
‘‘(1) IN GENERAL.—Not later than 1 year and the National Credit Union Administra- COVERED MINORITY DEPOSITORY
after the establishment of the program de- tion. INSTITUTIONS AND IMPACT BANKS.
scribed in subsection (a), the head of each SEC. 5940. INVESTMENTS IN MINORITY DEPOSI- (a) IN GENERAL.—Not later than one year
Federal department or agency shall develop TORY INSTITUTIONS AND IMPACT after the date of the enactment of this Act,
and implement standards and procedures to BANKS. the Secretary of the Treasury shall issue
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prioritize, to the maximum extent possible (a) CONTROL FOR CERTAIN INSTITUTIONS.— rules establishing a custodial deposit pro-
as permitted by law and consistent with Section 7(j)(8)(B) of the Federal Deposit In- gram under which a covered bank may re-
principles of sound financial management, surance Act (12 U.S.C. 1817(j)(8)(B)) is amend- ceive deposits from a qualifying account.
the use of minority depository institutions ed to read as follows: (b) REQUIREMENTS.—In issuing rules under
to hold the deposits of each such department ‘‘(B) ‘control’ means the power, directly or subsection (a), the Secretary of the Treasury
or agency. indirectly— shall—
‘‘(2) REPORT TO CONGRESS.—Not later than 2 ‘‘(i) to direct the management or policies (1) consult with the Federal banking agen-
years after the establishment of the program of an insured depository institution; or cies;
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H6378 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(2) ensure each covered bank participating (1) develop systems and procedures to ‘‘(1) IN GENERAL.—The Secretary of the
in the program established under this sec- record necessary information to allow the Treasury shall establish a program to be
tion— Administrator to conduct preliminary anal- known as the ‘Financial Agent Mentor-
(A) has appropriate policies relating to ysis for such person to also become a com- Protégé Program’ (in this subsection re-
management of assets, including measures to munity development financial institution; ferred to as the ‘Program’) under which a fi-
ensure the safety and soundness of each such and nancial agent designated by the Secretary or
covered bank; and (2) develop procedures to streamline the a large financial institution may serve as a
(B) is compliant with applicable law; and application and annual certification proc- mentor, under guidance or regulations pre-
(3) ensure, to the extent practicable that esses and to reduce costs for such person to scribed by the Secretary, to a small financial
the rules do not conflict with goals described become, and maintain certification as, a institution to allow such small financial in-
in section 308(a) of the Financial Institutions community development financial institu- stitution—
Reform, Recovery, and Enforcement Act of tion. ‘‘(A) to be prepared to perform as a finan-
1989 (12 U.S.C. 1463 note). (b) IMPLEMENTATION REPORT.—Not later cial agent; or
(c) LIMITATIONS.— than 18 months after the date of the enact- ‘‘(B) to improve capacity to provide serv-
(1) DEPOSITS.—With respect to the funds of ment of this Act, the Federal Deposit Insur- ices to the customers of the small financial
an individual qualifying account, an entity ance Corporation shall submit to Congress a institution.
may not deposit an amount greater than the report describing the systems and procedures ‘‘(2) OUTREACH.—The Secretary shall hold
insured amount in a single covered bank. required under subsection (a). outreach events to promote the participation
(2) TOTAL DEPOSITS.—The total amount of (c) ANNUAL REPORT.— of financial agents, large financial institu-
funds deposited in a covered bank under the (1) IN GENERAL.—Section 17(a)(1) of the tions, and small financial institutions in the
custodial deposit program described under Federal Deposit Insurance Act (12 U.S.C. Program at least once a year.
this section may not exceed the lesser of— 1827(a)(1)) is amended— ‘‘(3) EXCLUSION.—The Secretary shall issue
(A) 10 percent of the average amount of de- (A) in subparagraph (E), by striking ‘‘and’’ guidance or regulations to establish a proc-
posits held by such covered bank in the pre- at the end; ess under which a financial agent, large fi-
vious quarter; or (B) by redesignating subparagraph (F) as nancial institution, or small financial insti-
(B) $100,000,000 (as adjusted for inflation). subparagraph (G); tution may be excluded from participation in
(d) REPORT.—Each quarter, the Secretary (C) by inserting after subparagraph (E) the the Program.
of the Treasury shall submit to Congress a following new subparagraph: ‘‘(4) REPORT.—The Office of Minority and
report on the implementation of the program ‘‘(F) applicants for deposit insurance that Women Inclusion of the Department of the
established under this section including in- could also become a community development Treasury shall include in the report sub-
formation identifying participating covered financial institution (as defined in section mitted to Congress under section 342(e) of
banks and the total amount of deposits re- 103 of the Riegle Community Development the Dodd-Frank Wall Street Reform and
ceived by covered banks under the program, and Regulatory Improvement Act of 1994), a Consumer Protection Act information per-
including breakdowns by each State (includ- minority depository institution (as defined taining to the Program, including—
ing the District of Columbia and each terri- in section 308 of the Financial Institutions ‘‘(A) the number of financial agents, large
tory of the United States) and Tribal govern- Reform, Recovery, and Enforcement Act of financial institutions, and small financial in-
ment entity. 1989), or an impact bank (as designated pur- stitutions participating in such Program, in-
(e) DEFINITIONS.—In this section: suant to section 5935 of the Ensuring Diver- cluding breakdowns by each State (including
(1) COVERED BANK.—The term ‘‘covered sity in Community Banking Act); and’’. the District of Columbia and each territory
bank’’ means— (2) APPLICATION.—The amendment made by of the United States), Tribal government en-
(A) a minority depository institution that this subsection shall apply with respect to tity, and congressional district; and
is well capitalized, as defined by the appro- the first report to be submitted after the ‘‘(B) the number of outreach events de-
priate Federal banking agency; or date that is 2 years after the date of the en- scribed in paragraph (2) held during the year
(B) a depository institution designated actment of this Act. covered by such report.
pursuant to section 4935 that is well capital- SEC. 5944. TASK FORCE ON LENDING TO SMALL ‘‘(5) DEFINITIONS.—In this subsection:
ized, as defined by the appropriate Federal BUSINESS CONCERNS. ‘‘(A) FINANCIAL AGENT.—The term ‘finan-
banking agency. (a) IN GENERAL.—Not later than 6 months cial agent’ means any national banking asso-
(2) INSURED AMOUNT.—The term ‘‘insured after the date of the enactment of this Act, ciation designated by the Secretary of the
amount’’ means the amount that is the the Administrator of the Small Business Ad- Treasury to be employed as a financial agent
greater of— ministration shall establish a task force to of the Government.
(A) the standard maximum deposit insur- examine methods for improving relation- ‘‘(B) LARGE FINANCIAL INSTITUTION.—The
ance amount (as defined in section 11(a)(1)(E) ships between the Small Business Adminis- term ‘large financial institution’ means any
of the Federal Deposit Insurance Act (12 tration and community development finan- entity regulated by the Comptroller of the
U.S.C. 1821(a)(1)(E))); or cial institutions, minority depository insti- Currency, the Board of Governors of the Fed-
(B) such higher amount negotiated be- tutions, and impact banks (as designated eral Reserve System, the Federal Deposit In-
tween the Secretary of the Treasury and the pursuant to section 5935) to increase the vol- surance Corporation, or the National Credit
Federal Deposit Insurance Corporation under ume of loans provided by such institutions to Union Administration that has total consoli-
which the Corporation will insure all depos- small business concerns (as defined under dated assets greater than or equal to
its of such higher amount. section 3 of the Small Business Act (15 U.S.C. $50,000,000,000.
(3) FEDERAL BANKING AGENCIES.—The terms 632)). ‘‘(C) SMALL FINANCIAL INSTITUTION.—The
‘‘appropriate Federal banking agency’’ and (b) REPORT TO CONGRESS.—Not later than term ‘small financial institution’ means—
‘‘Federal banking agencies’’ have the mean- 18 months after the establishment of the ‘‘(i) any entity regulated by the Comp-
ing given those terms, respectively, under task force described in subsection (a), the troller of the Currency, the Board of Gov-
section 3 of the Federal Deposit Insurance Administrator of the Small Business Admin- ernors of the Federal Reserve System, the
Act. istration shall submit to Congress a report Federal Deposit Insurance Corporation, or
(4) QUALIFYING ACCOUNT.—The term ‘‘quali- on the findings of such task force. the National Credit Union Administration
fying account’’ means any account estab- SEC. 5945. DISCRETIONARY SURPLUS FUND. that has total consolidated assets lesser than
lished in the Department of the Treasury or equal to $2,000,000,000; or
(a) IN GENERAL.—Subparagraph (A) of sec-
that— ‘‘(ii) a minority depository institution.’’.
tion 7(a)(3) of the Federal Reserve Act (12
(A) is controlled by the Secretary; and (b) EFFECTIVE DATE.—This section and the
U.S.C. 289(a)(3)(A)) is amended by reducing
(B) is expected to maintain a balance amendments made by this section shall take
the dollar figure described in such subpara-
greater than $200,000,000 for the following 24- effect 90 days after the date of the enactment
graph by $1,920,000,000.
month period. of this Act.
(b) EFFECTIVE DATE.—The amendment
SEC. 5943. STREAMLINED COMMUNITY DEVELOP-
made by subsection (a) shall take effect on Subtitle E—CDFI Bond Guarantee Program
MENT FINANCIAL INSTITUTION AP-
PLICATIONS AND REPORTING. September 30, 2022. Improvement
(a) APPLICATION PROCESSES.—Not later Subtitle D—Expanding Opportunity for SEC. 5961. SENSE OF CONGRESS.
than 12 months after the date of the enact- Minority Depository Institutions It is the sense of Congress that the author-
ment of this Act and with respect to any per- SEC. 5951. ESTABLISHMENT OF FINANCIAL ity to guarantee bonds under section 114A of
son having assets under $3,000,000,000 that AGENT MENTOR-PROTÉGÉ PRO- the Community Development Banking and
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submits an application for deposit insurance GRAM. Financial Institutions Act of 1994 (12 U.S.C.
with the Federal Deposit Insurance Corpora- (a) IN GENERAL.—Section 308 of the Finan- 4713a) (commonly referred to as the ‘‘CDFI
tion that could also become a community de- cial Institutions Reform, Recovery, and En- Bond Guarantee Program’’) provides commu-
velopment financial institution, the Federal forcement Act of 1989 (12 U.S.C. 1463 note) is nity development financial institutions with
Deposit Insurance Corporation, in consulta- amended by adding at the end the following a sustainable source of long-term capital and
tion with the Administrator of the Commu- new subsection: furthers the mission of the Community De-
nity Development Financial Institutions ‘‘(d) FINANCIAL AGENT MENTOR-PROTÉGÉ velopment Financial Institutions Fund (es-
Fund, shall— PROGRAM.— tablished under section 104(a) of such Act (12
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6379
U.S.C. 4703(a)) to increase economic oppor- the borrowers’ capacity fully to implement tees’’ means the Committee on Agriculture,
tunity and promote community development any commitment described in subparagraph the Committee on Homeland Security, and
investments for underserved populations and (A) or (B); or the Committee on Transportation and Infra-
distressed communities in the United States. ‘‘(2) the loan or assistance is important to structure of the House of Representatives
SEC. 5962. GUARANTEES FOR BONDS AND NOTES the national interest of the United States, as and the Committee on Commerce, Science,
ISSUED FOR COMMUNITY OR ECO- described in a detailed explanation by the and Technology, the Committee on Home-
NOMIC DEVELOPMENT PURPOSES. Secretary to accompany the certification. land Security and Governmental Affairs, and
Section 114A of the Community Develop- ‘‘(b) DEFINITIONS.—In this section: the Committee on Agriculture, Nutrition,
ment Banking and Financial Institutions ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- and Forestry of the Senate.
Act of 1994 (12 U.S.C. 4713a) is amended— TEES.—The term ‘appropriate congressional AMENDMENT NO. 420 OFFERED BY MR. THOMPSON
(1) in subsection (c)(2), by striking ‘‘, mul- committees’ means the Committee on Finan- OF MISSISSIPPI
tiplied by an amount equal to the out- cial Services of the House of Representatives
Add at the end of division E the following:
standing principal balance of issued notes or and the Committee on Foreign Relations of
bonds’’; the Senate. TITLE LIX—HOMELAND SECURITY
(2) in subsection (e)(2)(B), by striking ‘‘(2) WORLD BANK GROUP DEFINED.—The PROVISIONS
‘‘$100,000,000’’ and inserting ‘‘$25,000,000’’; and term ‘World Bank Group’ means the Inter- Subtitle A—Strengthening Security of Our
(3) in subsection (k), by striking ‘‘Sep- national Bank for Reconstruction and Devel- Communities
tember 30, 2014’’ and inserting ‘‘the date that opment, the International Development As- SEC. 59101. NONPROFIT SECURITY GRANT PRO-
is 4 years after the date of enactment of the sociation, the International Finance Cor- GRAM IMPROVEMENT.
Promoting and Advancing Communities of poration, and the Multilateral Investment (a) IN GENERAL.—Section 2009 of the Home-
Color Through Inclusive Lending Act’’. Guarantee Agency.’’. land Security Act of 2002 (6 U.S.C. 609a) is
SEC. 5963. REPORT ON THE CDFI BOND GUAR- (b) SUNSET.—The amendment made by sub- amended—
ANTEE PROGRAM. section (a) is repealed effective on the date (1) in subsection (a), by inserting ‘‘and
Not later than 1 year after the date of en- that is 7 years after the effective date of this threats’’ before the period at the end;
actment of this Act, and not later than 3 section. (2) in subsection (b)—
years after such date of enactment, the Sec- AMENDMENT NO. 419 OFFERED BY MR. TORRES OF (A) in the matter preceding paragraph (1),
retary of the Treasury shall issue a report to NEW YORK by striking ‘‘this subsection (a)’’ and insert-
the Committee on Financial Services of the At the end of title LIII of division E, add ing ‘‘this subsection’’; and
House of Representatives and the Committee the following: (B) by amending paragraph (2) to read as
on Banking, Housing, and Urban Affairs of follows:
SEC. 5306. SECRETARY OF AGRICULTURE RE-
the Senate on the effectiveness of the CDFI PORT ON IMPROVING SUPPLY CHAIN ‘‘(2) determined by the Secretary to be at
bond guarantee program established under SHORTFALLS AND INFRASTRUC- risk of terrorist attacks and threats.’’;
section 114A of the Community Development TURE NEEDS AT WHOLESALE (3) in subsection (c)—
Banking and Financial Institutions Act of PRODUCE MARKETS. (A) by redesignating paragraphs (1), (2),
1994 (12 U.S.C. 4713a). (a) IN GENERAL.—Not later than one year and (3) as subparagraphs (A), (B), and (E), re-
AMENDMENT NO. 418 OFFERED BY MS. WATERS OF after the date of the enactment of this Act, spectively, and moving such subparagraphs,
CALIFORNIA the Secretary of Agriculture shall submit to as so redesignated, two ems to the right;
Page 1262, after line 23, insert the fol- the appropriate congressional committees a (B) in the matter preceding subparagraph
lowing: report on— (A), as so redesignated, by striking ‘‘The re-
SEC. lll. UNITED STATES POLICY ON WORLD
(1) the 5 largest wholesale produce markets cipient’’ and inserting the following:
BANK GROUP AND ASIAN DEVELOP- by annual sales and volume over the pre- ‘‘(1) IN GENERAL.—The recipient’’;
MENT BANK ASSISTANCE TO THE ceding 4 calendar years; and (C) in subparagraph (A), as so redesignated,
PEOPLE’S REPUBLIC OF CHINA. (2) a representative sample of 8 wholesale by striking ‘‘equipment and inspection and
(a) IN GENERAL.—Title XVI of the Inter- produce markets that are not among the screening systems’’ and inserting ‘‘equip-
national Financial Institutions Act (22 largest wholesale produce markets. ment, inspection and screening systems, and
U.S.C. 262p et seq.) is amended by adding at (b) CONTENTS.—The report under sub- alteration or remodeling of existing build-
the end the following: section (a) shall contain the following: ings or physical facilities’’;
‘‘SEC. 1632. UNITED STATES POLICY ON WORLD (1) An analysis of the supply chain short- (D) by inserting after subparagraph (B), as
BANK GROUP AND ASIAN DEVELOP- falls in each wholesale produce market iden- so redesignated, the following new subpara-
MENT BANK ASSISTANCE TO THE tified under subsection (a), which shall in- graphs:
PEOPLE’S REPUBLIC OF CHINA. clude an analysis of the following: ‘‘(C) Facility security personnel costs, in-
‘‘(a) IN GENERAL.—The Secretary of the (A) State of repair of infrastructure, in- cluding costs associated with contracted se-
Treasury shall instruct the United States cluding roads, food storage units, and refuel- curity.
Executive Director at each international fi- ing stations. ‘‘(D) Expenses directly related to the ad-
nancial institution of the World Bank Group (B) Sustainability infrastructure, includ- ministration of the grant, except that such
and at the Asian Development Bank to use ing the following: expenses may not exceed five percent of the
the voice and vote of the United States at (i) Carbon emission reduction technology. amount of the grant.’’; and
the respective institution to vote against the (ii) On-site green refueling stations. (E) by adding at the end the following new
provision of any loan, extension of financial (iii) Disaster preparedness. paragraph:
assistance, or technical assistance to the (C) Disaster preparedness, including with ‘‘(2) RETENTION.—Each State through
People’s Republic of China unless the Sec- respect to cyber attacks, weather events, which a recipient receives a grant under this
retary of the Treasury has certified to the and terrorist attacks. section may retain up to five percent of each
appropriate congressional committees that— (D) Disaster recovery systems, including grant for expenses directly related to the ad-
‘‘(1) the Government of the People’s Repub- coordination with State and Federal agen- ministration of the grant.’’;
lic of China and any lender owned or con- cies. (4) in subsection (e)—
trolled by the Government of the People’s (2) A description of any actions the Sec- (A) by striking ‘‘2020 through 2024’’ and in-
Republic of China have demonstrated a com- retary recommends be taken as a result of serting ‘‘2022 through 2028’’; and
mitment— the analysis under paragraph (1). (B) by adding at the end the following new
‘‘(A) to the rules and principles of the (3) Recommendations, as appropriate, for sentence: ‘‘Each such report shall also in-
Paris Club, or of other similar coordinated wholesale produce market owners and opera- clude information on the number of applica-
multilateral initiatives on debt relief and tors, and State and local entities to improve tions submitted by eligible nonprofit organi-
debt restructuring in which the United the supply chain shortfalls identified under zations to each State, the number of applica-
States participates, including with respect paragraph (1). tions submitted by each State to the Admin-
to debt transparency and appropriate bur- (4) Proposals, as appropriate, for legisla- istrator, and the operations of the Nonprofit
den-sharing among all creditors; tive actions and funding needed to improve Security Grant Program Office, including
‘‘(B) to the practice of presumptive public the supply chain shortfalls. staffing resources and efforts with respect to
disclosure of the terms and conditions on (c) CONSULTATION.—In completing the re- subparagraphs (A) through (E) of subsection
which they extend credit to other govern- port under subsection (a), the Secretary of (c)(1).’’;
ments (without regard to the form of any Agriculture shall consult with the Secretary (5) by redesignating subsection (f) as sub-
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such extension of credit); of Transportation, the Secretary of Home- section (j);
‘‘(C) not to enforce any agreement terms land Security, wholesale produce market (6) by inserting after subsection (e) the fol-
that may impair their own or the borrowers’ owners and operators, State and local enti- lowing new subsections:
capacity fully to implement any commit- ties, and other agencies or stakeholders, as ‘‘(f) ADMINISTRATION.—Not later than 120
ment described in subparagraph (A) or (B); determined appropriate by the Secretary. days after the date of the enactment of this
and (d) APPROPRIATE CONGRESSIONAL COMMIT- subsection, the Administrator shall establish
‘‘(D) not to enter into any agreement con- TEES.—For the purposes of this section, the within the Federal Emergency Management
taining terms that may impair their own or term ‘‘appropriate congressional commit- Agency a program office for the Program (in
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H6380 CONGRESSIONAL RECORD — HOUSE July 13, 2022
this section referred to as the ‘program of- Security of the House of Representatives and (2) by redesignating subsections (c)
fice’). The program office shall be headed by the Committee on Homeland Security and through (f) as subsections (d) through (g), re-
a senior official of the Agency. The Adminis- Governmental Affairs of the Senate regard- spectively;
trator shall administer the Program (includ- ing such exercise. (3) by striking subsection (b) and inserting
ing, where appropriate, in coordination with ‘‘(i) PAPERWORK REDUCTION ACT.—Chapter the following new subsections:
States), including relating to the following: 35 of title 44, United States Code (commonly ‘‘(b) CURRICULUM.—In furtherance of sub-
‘‘(1) Outreach, engagement, education, and known as the ‘Paperwork Reduction Act’), section (a), all education and training of the
technical assistance and support to eligible shall not apply to any changes to the appli- Institute shall be conducted in accordance
nonprofit organizations described in sub- cation materials, Program forms, or other with relevant Federal law and policy regard-
section (b), with particular attention to such core Program documentation intended to en- ing privacy, civil rights, and civil liberties
organizations in underserved communities, hance participation by eligible nonprofit or- protections, including best practices for safe-
prior to, during, and after the awarding of ganizations in the Program.’’; guarding data privacy and fair information
grants, including web-based training videos (7) in subsection (j), as so redesignated— practice principles. Education and training
for eligible nonprofit organizations that pro- (A) in paragraph (1), by striking ‘‘$75 mil- provided pursuant to subsection (a) shall re-
vide guidance on preparing an application lion for each of fiscal years 2020 through late to the following:
and the environmental planning and historic 2024’’ and inserting ‘‘$75,000,000 for fiscal year ‘‘(1) Investigating and preventing cyberse-
preservation process. 2023 and $500,000,000 for each of fiscal years curity incidents, electronic crimes, and re-
‘‘(2) Establishment of mechanisms to en- 2024 through 2028’’; and lated cybersecurity threats, including relat-
sure program office processes are conducted (B) by amending paragraph (2) to read as ing to instances involving illicit use of dig-
in accordance with constitutional, statutory, follows: ital assets and emerging trends in cybersecu-
regulatory, and other legal and agency pol- ‘‘(2) OPERATIONS AND MAINTENANCE.—Of the rity and electronic crime.
icy requirements that protect civil rights amounts authorized to be appropriated pur- ‘‘(2) Conducting forensic examinations of
and civil liberties and, to the maximum ex- suant to paragraph (1), not more than five computers, mobile devices, and other infor-
tent practicable, advance equity for mem- percent is authorized— mation systems.
bers of underserved communities. ‘‘(A) to operate the program office; and ‘‘(3) Prosecutorial and judicial consider-
‘‘(3) Establishment of mechanisms for the ‘‘(B) for other costs associated with the ations related to cybersecurity incidents,
Administrator to provide feedback to eligi- management, administration, and evalua- electronic crimes, related cybersecurity
ble nonprofit organizations that do not re- tion of the Program.’’; and threats, and forensic examinations of com-
ceive grants. (8) by adding at the end the following new puters, mobile devices, and other informa-
‘‘(4) Establishment of mechanisms to col- subsection: tion systems.
lect data to measure the effectiveness of ‘‘(k) TREATMENT.—Nonprofit organizations
grants under the Program. ‘‘(4) Methods to obtain, process, store, and
determined by the Secretary to be at risk of admit digital evidence in court.
‘‘(5) Establishment and enforcement of extremist attacks other than terrorist at-
standardized baseline operational require- tacks and threats under subsection (a) are ‘‘(c) RESEARCH AND DEVELOPMENT.—In fur-
ments for States, including requirements for deemed to satisfy the conditions specified in therance of subsection (a), the Institute shall
States to eliminate or prevent any adminis- subsection (b) if protecting such organiza- research, develop, and share information re-
trative or operational obstacles that may tions against such other extremist attacks lating to investigating cybersecurity inci-
impact eligible nonprofit organizations de- would help protect such organizations dents, electronic crimes, and related cyber-
scribed in subsection (b) from receiving against such terrorist attacks and threats.’’. security threats that prioritize best prac-
grants under the Program. (b) PLAN.—Not later than 90 days after the tices for forensic examinations of computers,
‘‘(6) Carrying out efforts to prevent waste, date of the enactment of this Act, the Ad- mobile devices, and other information sys-
fraud, and abuse, including through audits of ministrator of the Federal Emergency Man- tems. Such information may include train-
grantees. agement Agency shall submit to the Com- ing on methods to investigate ransomware
‘‘(g) GRANT GUIDELINES.—For each fiscal mittee on Homeland Security of the House of and other threats involving the use of digital
year, prior to awarding grants under this Representatives and the Committee on assets.’’;
section, the Administrator— Homeland Security and Governmental Af- (4) in subsection (d), as so redesignated—
‘‘(1) shall publish guidelines, including a fairs of the Senate a plan for the administra- (A) by striking ‘‘cyber and electronic crime
notice of funding opportunity or similar an- tion of the program office for the Nonprofit and related threats is shared with State,
nouncement, as the Administrator deter- Security Grant Program established under local, tribal, and territorial law enforcement
mines appropriate; and subsection (f) of section 2009 of the Homeland officers and prosecutors’’ and inserting ‘‘cy-
‘‘(2) may prohibit States from closing ap- Security Act 2002 (6 U.S.C. 609a), as amended bersecurity incidents, electronic crimes, and
plication processes prior to the publication by subsection (a), including a staffing plan related cybersecurity threats is shared with
of such guidelines. for such program office. recipients of education and training provided
‘‘(h) ALLOCATION REQUIREMENTS.— (c) CONFORMING AMENDMENT.—Section 2008 pursuant to subsection (a)’’; and
‘‘(1) IN GENERAL.—In awarding grants under of the Homeland Security Act of 2002 (6 (B) by adding at the end the following new
this section, the Administrator shall ensure U.S.C. 609) is amended— sentence: ‘‘The Institute shall prioritize pro-
that— (1) in subsection (c) by striking ‘‘sections viding education and training to individuals
‘‘(A) 50 percent of amounts appropriated 2003 and 2004’’ and inserting ‘‘sections 2003, from geographically-diverse jurisdictions
pursuant to the authorization of appropria- 2004, and 2009’’; and throughout the United States.’’;
tions under subsection (k) is provided to eli- (2) in subsection (e), by striking ‘‘section (5) in subsection (e), as so redesignated—
gible recipients located in high-risk urban 2003 or 2004’’ and inserting ‘‘sections 2003, (A) by striking ‘‘State, local, tribal, and
areas that receive funding under section 2003 2004, or 2009’’. territorial law enforcement officers’’ and in-
in the current fiscal year or received such SEC. 59102. NATIONAL COMPUTER FORENSICS IN- serting ‘‘recipients of education and training
funding in any of the preceding ten fiscal STITUTE REAUTHORIZATION. provided pursuant to subsection (a)’’; and
years, inclusive of any amounts States may (a) IN GENERAL.—Section 822 of the Home- (B) by striking ‘‘necessary to conduct
retain pursuant to paragraph (2) of sub- land Security Act of 2002 (6 U.S.C. 383) is cyber and electronic crime and related
section (c); and amended— threat investigations and computer and mo-
‘‘(B) 50 percent of amounts appropriated (1) in subsection (a)— bile device forensic examinations’’ and in-
pursuant to the authorizations of appropria- (A) in the subsection heading, by striking serting ‘‘for investigating and preventing cy-
tions under subsection (k) is provided to eli- ‘‘IN GENERAL’’ and inserting ‘‘IN GENERAL; bersecurity incidents, electronic crimes, re-
gible recipients located in jurisdictions not MISSION’’; lated cybersecurity threats, and for forensic
receiving funding under section 2003 in the (B) by striking ‘‘2022’’ and inserting ‘‘2032’’; examinations of computers, mobile devices,
current fiscal year or have not received such and and other information systems’’;
funding in any of the preceding ten fiscal (C) by striking the second sentence and in- (6) in subsection (f), as so redesignated—
years, inclusive of any amounts States may serting ‘‘The Institute’s mission shall be to (A) by amending the heading to read as fol-
retain pursuant to paragraph (2) of sub- educate, train, and equip State, local, terri- lows: ‘‘CYBER FRAUD TASK FORCES’’;
section (c). torial, and Tribal law enforcement officers, (B) by striking ‘‘Electronic Crime’’ and in-
‘‘(2) EXCEPTION.—Notwithstanding para- prosecutors, judges, participants in the serting ‘‘Cyber Fraud’’;
graph (1), the Administrator may allocate a United States Secret Service’s network of (C) by striking ‘‘State, local, tribal, and
different percentage if the Administrator cyber fraud task forces, and other appro- territorial law enforcement officers’’ and in-
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does not receive a sufficient number of appli- priate individuals regarding the investiga- serting ‘‘recipients of education and training
cations from eligible recipients to meet the tion and prevention of cybersecurity inci- provided pursuant to subsection (a)’’; and
allocation percentages described in either dents, electronic crimes, and related cyber- (D) by striking ‘‘at’’ and inserting ‘‘by’’;
subparagraph (A) or (B) of such paragraph. If security threats, including through the dis- (7) by redesignating subsection (g), as re-
the Administrator exercises the authoriza- semination of homeland security informa- designated pursuant to paragraph (2), as sub-
tion under this paragraph, the Administrator tion, in accordance with relevant Depart- section (j); and
shall, not later than 30 days after such exer- ment guidance regarding privacy, civil (8) by inserting after subsection (f), as so
cise, report to the Committee on Homeland rights, and civil liberties protections.’’; redesignated, the following new subsections:
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6381
‘‘(g) EXPENSES.—The Director of the United ysis of approaches to expand capacity of the (1) did not receive grant funding under the
States Secret Service may pay for all or a National Computer Forensics Institute to Urban Area Security Initiative under section
part of the education, training, or equipment carry out the Institute’s mission as set forth 2003 of the Homeland Security Act of 2002 in
provided by the Institute, including relating in subsection (a) of section 822 of the Home- the current fiscal year concerning homeland
to the travel, transportation, and subsist- land Security Act of 2002 (6 U.S.C. 383), as security capabilities related to preventing,
ence expenses of recipients of education and amended by subsection (a). preparing for, protecting against, and re-
training provided pursuant to subsection (a). (2) SUBMISSION.—Not later than 90 days sponding to acts of terrorism that had been
‘‘(h) ANNUAL REPORTS TO CONGRESS.—The after completing the requirements analysis developed or otherwise supported through
Secretary shall include in the annual report under paragraph (1), the Director of the funding under such Initiative that are at
required pursuant to section 1116 of title 31, United States Secret Service shall submit to risk of being reduced or eliminated without
United States Code, information regarding Congress such analysis, together with a plan such Federal assistance;
the activities of the Institute, including re- to expand the capacity of the National Com- (2) received such funding in the current fis-
lating to the following: puter Forensics Institute to provide edu- cal year, but did not receive such funding in
‘‘(1) Activities of the Institute, including, cation and training described in such sub- at least one fiscal year in the six fiscal years
where possible, an identification of jurisdic- section. Such analysis and plan shall con- immediately preceding the current fiscal
tions with recipients of education and train- sider the following: year; and
ing provided pursuant to subsection (a) of (A) Expanding the physical operations of (3) any other urban areas the Secretary de-
this section during such year and informa- the Institute. termines appropriate.
tion relating to the costs associated with (B) Expanding the availability of virtual (c) EXEMPTION.—The Secretary of Home-
such education and training. education and training to all or a subset of land Security may exempt the Federal
‘‘(2) Any information regarding projected potential recipients of education and train- Emergency Management Agency from the
future demand for such education and train- ing from the Institute. requirements of subchapter I of chapter 35 of
ing. (C) Some combination of the consider- title 44, United States Code (commonly re-
‘‘(3) Impacts of the Institute’s activities on ations set forth in subparagraphs (A) and (B). ferred to as the ‘‘Paperwork Reduction
jurisdictions’ capability to investigate and (e) RESEARCH AND DEVELOPMENT.—The Di- Act’’), for purposes of carrying out sub-
prevent cybersecurity incidents, electronic rector of the United States Secret Service section (b) if the Secretary determines that
crimes, and related cybersecurity threats. may coordinate with the Under Secretary for complying with such requirements would
‘‘(4) A description of the nomination proc- Science and Technology of the Department delay the development of the plan required
ess for State, local, territorial, and Tribal of Homeland Security to carry out research under subsection (a).
law enforcement officers, prosecutors, and development of systems and procedures (d) CONTENTS.—The plan required under
to enhance the National Computer Forensics subsection (a) shall—
judges, participants in the United States Se-
Institute’s capabilities and capacity to carry (1) establish eligibility criteria for urban
cret Service’s network of cyber fraud task
out the Institute’s mission as set forth in areas to receive Federal assistance pursuant
forces, and other appropriate individuals to
subsection (a) of section 822 of the Homeland to such plan to provide assistance for the
receive the education and training provided
Security Act of 2002 (6 U.S.C. 383), as amend- purpose described in such subsection;
pursuant to subsection (a).
ed by subsection (a). (2) identify annual funding levels for such
‘‘(5) Any other issues determined relevant
SEC. 59103. HOMELAND SECURITY CAPABILITIES Federal assistance in accordance with the
by the Secretary.
PRESERVATION. survey required under subsection (b); and
‘‘(i) DEFINITIONS.—In this section—
(a) PLAN.— (3) consider a range of approaches to make
‘‘(1) CYBERSECURITY THREAT.—The term
(1) IN GENERAL.—Not later than one year such Federal assistance available to such
‘cybersecurity threat’ has the meaning given
after the date of the enactment of this Act, urban areas, including—
such term in section 102 of the Cybersecurity
the Secretary of Homeland Security, acting (A) modifications to the Urban Area Secu-
Act of 2015 (enacted as division N of the Con-
through the Administrator of the Federal rity Initiative under section 2003 of the
solidated Appropriations Act, 2016 (Public
Emergency Management Agency, shall sub- Homeland Security Act of 2002 in a manner
Law 114–113; 6 U.S.C. 1501))
mit to the Committee on Homeland Security that would not affect the availability of
‘‘(2) INCIDENT.—The term ‘incident’ has the
of the House of Representatives and the funding to urban areas under such Initiative;
meaning given such term in section 2209(a).
Committee on Homeland Security and Gov- (B) the establishment of a competitive
‘‘(3) INFORMATION SYSTEM.—The term ‘in-
ernmental Affairs of the Senate a plan, in- grant program;
formation system’ has the meaning given (C) the establishment of a formula grant
such term in section 102 of the Cybersecurity formed by the survey information collected
pursuant to subsection (b), to make Federal program; and
Act of 2015 (enacted as division N of the Con- (D) a timeline for the implementation of
solidated Appropriations Act, 2016 (Public assistance available for at least three con-
secutive fiscal years to certain urban areas any such approach and, if necessary, a legis-
Law 114–113; 6 U.S.C. 1501(9))).’’. lative proposal to authorize any such ap-
(b) GUIDANCE FROM THE PRIVACY OFFICER that in the current fiscal year did not re-
proach.
AND CIVIL RIGHTS AND CIVIL LIBERTIES OFFI- ceive grant funding under the Urban Area
SEC. 59104. SCHOOL AND DAYCARE PROTECTION.
CER.—The Privacy Officer and the Officer for Security Initiative under section 2003 of the
Homeland Security Act of 2002 (6 U.S.C. 604) (a) IN GENERAL.—Title VII of the Homeland
Civil Rights and Civil Liberties of the De-
and require continued Federal assistance for Security Act of 2002 (6 U.S.C. 341 et seq.) is
partment of Homeland Security shall pro-
amended by adding at the end the following
vide guidance, upon the request of the Direc- the purpose of preserving a homeland secu-
new section:
tor of the United States Secret Service, re- rity capability related to preventing, pre-
‘‘SEC. 714. SCHOOL SECURITY COORDINATING
garding the functions specified in subsection paring for, protecting against, and respond- COUNCIL.
(b) of section 822 of the Homeland Security ing to acts of terrorism that had been devel- ‘‘(a) ESTABLISHMENT.—There is established
Act of 2002 (6 U.S.C. 383), as amended by sub- oped or otherwise supported through prior in the Department a coordinating council to
section (a). grant funding under such Initiative and ensure that, to the maximum extent prac-
(c) TEMPLATE FOR INFORMATION COLLECTION allow for such urban areas to transition to ticable, activities, plans, and policies to en-
FROM PARTICIPATING JURISDICTIONS.—Not such urban areas costs of preserving such hance the security of early childhood edu-
later than 180 days after the date of the en- homeland security capabilities. cation programs, elementary schools, high
actment of this Act, the Director of the (2) ADDITIONAL REQUIREMENT.—The plan re- schools, and secondary schools against acts
United States Secret Service shall develop quired under paragraph (1) shall also contain of terrorism and other homeland security
and disseminate to jurisdictions that are re- a prohibition on an urban area that in a fis- threats are coordinated.
cipients of education and training provided cal year is eligible to receive Federal assist- ‘‘(b) COMPOSITION.—The members of the
by the National Computer Forensics Insti- ance described in such paragraph from also council established pursuant to subsection
tute pursuant to subsection (a) of section 822 receiving grant funding under the Urban (a) shall include the following:
of the Homeland Security Act of 2002 (6 Area Security Initiative under section 2003 of ‘‘(1) The Under Secretary for Strategy,
U.S.C. 383), as amended by subsection (a), a the Homeland Security Act of 2002. In such a Policy, and Plans.
template to permit each such jurisdiction to case, such plan shall require such an urban ‘‘(2) The Director of the Cybersecurity and
submit to the Director reports on the im- area to promptly notify the Administrator of Infrastructure Security.
pacts on such jurisdiction of such education the Federal Emergency Management Agency ‘‘(3) The Administrator of the Federal
and training, including information on the regarding the preference of such urban area Emergency Management Agency.
number of digital forensics exams conducted to retain either— ‘‘(4) The Director of the Secret Service.
annually. The Director shall, as appropriate, (A) such eligibility for such Federal assist- ‘‘(5) The Executive Director of the Office of
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revise such template and disseminate to ju- ance; or Academic Engagement.
risdictions described in this subsection any (B) such receipt of such grant funding. ‘‘(6) The Assistant Secretary for Public Af-
such revised templates. (b) SURVEY.—In developing the plan re- fairs.
(d) REQUIREMENTS ANALYSIS.— quired under subsection (a), the Adminis- ‘‘(7) Any other official of the Department
(1) IN GENERAL.—Not later than one year trator of the Federal Emergency Manage- the Secretary determines appropriate.
after the date of the enactment of this Act, ment Agency, shall, to ascertain the scope of ‘‘(c) LEADERSHIP.—The Secretary shall des-
the Director of the United States Secret Federal assistance required, survey urban ignate a member of the council to serve as
Service shall carry out a requirements anal- areas that— chair of the council.
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H6382 CONGRESSIONAL RECORD — HOUSE July 13, 2022
‘‘(d) RESOURCES.—The Secretary shall par- required to be reported in accordance with ‘‘(C) Holsters and tactical pouches.
ticipate in Federal efforts to maintain and subsection (a) could jeopardize an ongoing ‘‘(D) Patches, insignia, and embellish-
publicize a clearinghouse of resources avail- investigation or prosecution, the Secretary, ments.
able to early childhood education programs, Attorney General, Director, or head, as the ‘‘(E) Chemical, biological, radiological, and
elementary schools, high schools, and sec- case may be— nuclear protective gear.
ondary schools to enhance security against (A) may withhold from reporting such in- ‘‘(F) Body armor components intended to
acts of terrorism and other homeland secu- formation; and provide ballistic protection for an individual,
rity threats. (B) shall notify the appropriate congres- consisting of 1 or more of the following:
‘‘(e) REPORTS.—Not later than January 30, sional committees of such determination. ‘‘(i) Soft ballistic panels.
2023, and annually thereafter, the Secretary (2) SAVING PROVISION.—Withholding of in- ‘‘(ii) Hard ballistic plates.
shall submit to the Committee on Homeland formation pursuant to a determination ‘‘(iii) Concealed armor carriers worn under
Security of the House of Representatives and under paragraph (1) shall not affect in any a uniform.
the Committee on Homeland Security and manner the responsibility to submit a report ‘‘(iv) External armor carriers worn over a
Governmental Affairs of the Senate a report required under subsection (a) containing uniform.
regarding the following: other information described in subsection (b) ‘‘(G) Any other item of clothing or protec-
‘‘(1) The Department’s activities, plans, not subject to such determination. tive equipment as determined appropriate by
and policies aimed at enhancing the security (d) DEFINITIONS.—In this section: the Secretary.
of early childhood education programs, ele- (1) ACT OF TERRORISM.—The term ‘‘act of ‘‘(2) FRONTLINE OPERATIONAL COMPONENT.—
mentary schools, high schools, and sec- terrorism’’ has the meaning given such term The term ‘frontline operational component’
ondary schools against acts of terrorism and in section 3077 of title 18, United States means any of the following organizations of
other homeland security threats. Code. the Department:
‘‘(2) With respect to the immediately pre- (2) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(A) U.S. Customs and Border Protection.
ceding year, information on the following: TEES.—The term ‘‘appropriate congressional ‘‘(B) U.S. Immigration and Customs En-
‘‘(A) The council’s activities during such committees’’ means— forcement.
year. (A) in the House of Representatives— ‘‘(C) The United States Secret Service.
‘‘(B) The Department’s contributions to (i) the Committee on Homeland Security; ‘‘(D) The Transportation Security Admin-
Federal efforts to maintain and publicize the (ii) the Committee on the Judiciary; and istration.
clearinghouse of resources referred to in sub- (iii) the Permanent Select Committee on ‘‘(E) The Coast Guard.
section (d) during such year. Intelligence; and ‘‘(F) The Federal Protective Service.
‘‘(3) Any metrics regarding the efficacy of (B) in the Senate— ‘‘(G) The Federal Emergency Management
such activities and contributions, and any (i) the Committee on Homeland Security Agency.
engagement with stakeholders outside of the and Governmental Affairs; ‘‘(H) The Federal Law Enforcement Train-
Federal Government. (ii) the Committee on the Judiciary; and ing Centers.
‘‘(f) DEFINITIONS.—In this section, the (iii) the Select Committee on Intelligence. ‘‘(I) The Cybersecurity and Infrastructure
terms ‘early childhood education program’, Security Agency.
SEC. 59106. CYBERSECURITY GRANTS FOR
SCHOOLS.
‘‘(b) REQUIREMENTS.—
‘elementary school’, ‘high school’, and ‘sec-
‘‘(1) IN GENERAL.—The Secretary shall en-
ondary school’ have the meanings given such (a) IN GENERAL.—Section 2220 of the Home-
sure that any procurement of a covered item
terms in section 8101 of the Elementary and land Security Act of 2002 (6 U.S.C. 665f) is
for a frontline operational component meets
Secondary Education Act of 1965 (20 U.S.C. amended by adding at the end the following
the following criteria:
7801).’’. new subsection: ‘‘(A)(i) To the maximum extent possible,
(b) CLERICAL AMENDMENT.—The table of ‘‘(e) GRANTS AND COOPERATIVE AGREE-
not less than one-third of funds obligated in
contents in section 1(b) of the Homeland Se- MENTS.—The Director may award financial
a specific fiscal year for the procurement of
curity Act of 2002 is amended by inserting assistance in the form of grants or coopera-
such covered items shall be covered items
after the item relating to section 713 the fol- tive agreements to States, local govern-
that are manufactured or supplied in the
lowing new item: ments, institutions of higher education (as United States by entities that qualify as
‘‘Sec. 714. School security coordinating such term is defined in section 101 of the small business concerns, as such term is de-
council.’’. Higher Education Act of 1965 (20 U.S.C. 1001)), scribed under section 3 of the Small Business
nonprofit organizations, and other non-Fed- Act (15 U.S.C. 632).
SEC. 59105. REPORTING EFFICIENTLY TO PROP-
ER OFFICIALS IN RESPONSE TO TER- eral entities as determined appropriate by ‘‘(ii) Covered items may only be supplied
RORISM. the Director for the purpose of funding cy- pursuant to subparagraph (A) to the extent
(a) IN GENERAL.—Whenever an act of ter- bersecurity and infrastructure security edu- that United States entities that qualify as
rorism occurs in the United States, the Sec- cation and training programs and initiatives small business concerns—
retary of Homeland Security, the Attorney to— ‘‘(I) are unable to manufacture covered
General, the Director of the Federal Bureau ‘‘(1) carry out the purposes of CETAP; and items in the United States; and
of Investigation, and, as appropriate, the ‘‘(2) enhance CETAP to address the na- ‘‘(II) meet the criteria identified in sub-
head of the National Counterterrorism Cen- tional shortfall of cybersecurity profes- paragraph (B).
ter, shall submit to the appropriate congres- sionals.’’. ‘‘(B) Each contractor with respect to the
sional committees, by not later than one (b) BRIEFINGS.—Paragraph (2) of subsection procurement of such a covered item, includ-
year after the completion of the investiga- (c) of section 2220 of the Homeland Security ing the end-item manufacturer of such a cov-
tion concerning such act by the primary Act of 2002 (6 U.S.C. 665f) is amended— ered item—
Government agency conducting such inves- (1) by redesignating subparagraphs (C) and ‘‘(i) is an entity registered with the Sys-
tigation, an unclassified report (which may (D) as subparagraphs (D) and (E) respec- tem for Award Management (or successor
be accompanied by a classified annex) con- tively; and system) administered by the General Serv-
cerning such act. (2) by inserting after subparagraph (B) the ices Administration; and
(b) CONTENT OF REPORTS.—A report under following new subparagraph: ‘‘(ii) is in compliance with ISO 9001:2015 of
this section shall— ‘‘(C) information on any grants or coopera- the International Organization for Standard-
(1) include a statement of the facts of the tive agreements made pursuant to sub- ization (or successor standard) or a standard
act of terrorism referred to in subsection (a), section (e), including how any such grants or determined appropriate by the Secretary to
as known at the time of the report; cooperative agreements are being used to en- ensure the quality of products and adherence
(2) identify any gaps in homeland or na- hance cybersecurity education for under- to applicable statutory and regulatory re-
tional security that could be addressed to served populations or communities;’’. quirements.
prevent future acts of terrorism; and Subtitle B—Enhancing DHS Acquisitions and ‘‘(C) Each supplier of such a covered item
(3) include any recommendations for addi- Supply Chain with an insignia (such as any patch, badge,
tional measures that could be taken to im- SEC. 59121. HOMELAND PROCUREMENT REFORM. or emblem) and each supplier of such an in-
prove homeland or national security, includ- (a) IN GENERAL.—Subtitle D of title VIII of signia, if such covered item with such insig-
ing recommendations relating to potential the Homeland Security Act of 2002 (6 U.S.C. nia or such insignia, as the case may be, is
changes in law enforcement practices or 391 et seq.) is amended by adding at the end not produced, applied, or assembled in the
changes in law, with particular attention to the following new section: United States, shall—
changes that could help prevent future acts ‘‘SEC. 836. REQUIREMENTS TO BUY CERTAIN ‘‘(i) store such covered item with such in-
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of terrorism. ITEMS RELATED TO NATIONAL SE- signia or such insignia in a locked area;
(c) EXCEPTION.— CURITY INTERESTS. ‘‘(ii) report any pilferage or theft of such
(1) IN GENERAL.—If the Secretary of Home- ‘‘(a) DEFINITIONS.—In this section: covered item with such insignia or such in-
land Security, the Attorney General, the Di- ‘‘(1) COVERED ITEM.—The term ‘covered signia occurring at any stage before delivery
rector of the Federal Bureau of Investiga- item’ means any of the following: of such covered item with such insignia or
tion, or, as appropriate, the head of the Na- ‘‘(A) Footwear provided as part of a uni- such insignia; and
tional Counterterrorism Center determines form. ‘‘(iii) destroy any such defective or unus-
any information described in subsection (b) ‘‘(B) Uniforms. able covered item with insignia or insignia
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6383
in a manner established by the Secretary, what, if any, improvements could be made to of materials submitted pursuant to sub-
and maintain records, for three years after the current uniform allowances and what, if sections (b)(1) and (c)(1), each contractor
the creation of such records, of such destruc- any, impacts current allowances have had on shall submit to the covered officer the up-
tion that include the date of such destruc- employee morale and retention; date to such bill of materials, in a timely
tion, a description of the covered item with (B) assess the adequacy of the most recent manner.
insignia or insignia destroyed, the quantity increase made to the uniform allowance for (e) CERTIFICATION AND NOTIFICATIONS.—The
of the covered item with insignia or insignia first year employees; and certification and notifications referred to in
destroyed, and the method of destruction. (C) consider increasing by 50 percent, at subsections (b)(2) and (c)(2), with respect to a
‘‘(2) WAIVER.— minimum, the annual allowance for all other covered contract, are the following:
‘‘(A) IN GENERAL.—In the case of a national employees. (1) A certification that each item listed on
emergency declared by the President under (c) ADDITIONAL REPORT.— the submitted bill of materials is free from
the National Emergencies Act (50 U.S.C. 1601 (1) IN GENERAL.—Not later than 180 days all known vulnerabilities or defects affecting
et seq.) or a major disaster declared by the after the date of enactment of this Act, the the security of the end product or service
President under section 401 of the Robert T. Secretary of Homeland Security shall pro- identified in—
Stafford Disaster Relief and Emergency As- vide a report with recommendations on how (A) the National Institute of Standards and
sistance Act (42 U.S.C. 5170), the Secretary the Department of Homeland Security could Technology National Vulnerability Data-
may waive a requirement in subparagraph procure additional items from domestic base; and
(A), (B) or (C) of paragraph (1) if the Sec- sources and bolster the domestic supply (B) any database designated by the Under
retary determines there is an insufficient chain for items related to national security Secretary, in coordination with the Director
supply of a covered item that meets the re- to— of the Cybersecurity and Infrastructure Se-
quirement. (A) the Committee on Homeland Security curity Agency, that tracks security
‘‘(B) NOTICE.—Not later than 60 days after and Governmental Affairs and the Com- vulnerabilities and defects in open source or
the date on which the Secretary determines mittee on Appropriations of the Senate; and third-party developed software.
a waiver under subparagraph (A) is nec- (B) the Committee on Homeland Security, (2) A notification of each vulnerability or
essary, the Secretary shall provide to the the Committee on Oversight and Reform, defect affecting the security of the end prod-
Committee on Homeland Security and Gov- and the Committee on Appropriations of the uct or service, if identified, through—
ernmental Affairs and the Committee on Ap- House of Representatives. (A) the certification of such submitted bill
propriations of the Senate and the Com- (2) CONTENTS.—The report required under of materials required under paragraph (1); or
mittee on Homeland Security, the Com- paragraph (1) shall include the following: (B) any other manner of identification.
mittee on Oversight and Reform, and the (A) A review of the compliance of the De- (3) A notification relating to the plan to
Committee on Appropriations of the House partment of Homeland Security with the re- mitigate, repair, or resolve each security
of Representatives notice of such determina- quirements under section 604 of title VI of di- vulnerability or defect listed in the notifica-
tion, which shall include— vision A of the American Recovery and Rein- tion required under paragraph (2).
‘‘(i) identification of the national emer- vestment Act of 2009 (6 U.S.C. 453b) to buy (f) ENFORCEMENT.—In developing guidance
gency or major disaster declared by the certain items related to national security in- under subsection (a), the Secretary shall in-
President; terests from sources in the United States. struct covered officers with respect to—
‘‘(ii) identification of the covered item for (B) An assessment of the capacity of the (1) the processes available to such officers
which the Secretary intends to issue the Department of Homeland Security to pro- enforcing subsections (b) and (c); and
waiver; and cure the following items from domestic (2) when such processes should be used.
‘‘(iii) a description of the demand for the sources: (g) EFFECTIVE DATE.—The guidance re-
(i) Personal protective equipment and quired under subsection (a) shall take effect
covered item and corresponding lack of sup-
other items necessary to respond to a pan- on the date that is 180 days after the date of
ply from contractors able to meet the cri-
the enactment of this section.
teria described in subparagraph (B) or (C) of demic such as that caused by COVID–19.
(h) GAO REPORT.—Not later than 1 year
paragraph (1). (ii) Helmets that provide ballistic protec-
after the date of the enactment of this Act,
‘‘(c) PRICING.—The Secretary shall ensure tion and other head protection and compo- the Comptroller General of the United States
that covered items are purchased at a fair nents. shall submit to the Secretary, the Com-
and reasonable price, consistent with the (iii) Rain gear, cold weather gear, and
procedures and guidelines specified in the mittee on Homeland Security of the House of
other environmental and flame resistant Representatives, and the Committee on
Federal Acquisition Regulation. clothing.
‘‘(d) REPORT.—Not later than 1 year after Homeland Security and Governmental Af-
(d) CLERICAL AMENDMENT.—The table of fairs of the Senate a report that includes—
the date of enactment of this section and an- contents in section 1(b) of the Homeland Se-
nually thereafter, the Secretary shall pro- (1) a review of the implementation of this
curity Act of 2002 (Public Law 107–296; 116 section;
vide to the Committee on Homeland Secu- Stat. 2135) is amended by inserting after the
rity, the Committee on Oversight and Re- (2) information relating to the engagement
item relating to section 835 the following: of the Department of Homeland Security
form, and the Committee on Appropriations
of the House of Representatives, and the ‘‘Sec. 836. Requirements to buy certain with industry;
Committee on Homeland Security and Gov- items related to national secu- (3) an assessment of how the guidance
ernmental Affairs and the Committee on Ap- rity interests.’’. issued pursuant to subsection (a) complies
propriations of the Senate a briefing on in- SEC. 59122. DHS SOFTWARE SUPPLY CHAIN RISK with Executive Order 14208 (86 Fed. Reg.
MANAGEMENT. 26633; relating to improving the nation’s cy-
stances in which vendors have failed to meet
deadlines for delivery of covered items and (a) GUIDANCE.—The Secretary of Homeland bersecurity); and
corrective actions taken by the Department Security, acting through the Under Sec- (4) any recommendations relating to im-
in response to such instances. retary, shall issue guidance with respect to proving the supply chain with respect to cov-
‘‘(e) EFFECTIVE DATE.—This section applies new and existing covered contracts. ered contracts.
with respect to a contract entered into by (b) NEW COVERED CONTRACTS.—In devel- (i) DEFINITIONS.—In this section:
the Department or any frontline operational oping guidance under subsection (a), with re- (1) BILL OF MATERIALS.—The term ‘‘bill of
component on or after the date that is 180 spect to each new covered contract, as a con- materials’’ means a list of the parts and
days after the date of enactment of this sec- dition on the award of such a contract, each components (whether new or reused) of an
tion.’’. contractor responding to a solicitation for end product or service, including, with re-
(b) STUDY.— such a contract shall submit to the covered spect to each part and component, informa-
(1) IN GENERAL.—Not later than 18 months officer— tion relating to the origin, composition, in-
after the date of enactment of this Act, the (1) a planned bill of materials when sub- tegrity, and any other information as deter-
Secretary of Homeland Security shall sub- mitting a bid proposal; and mined appropriate by the Under Secretary.
mit to the Committee on Homeland Security (2) the certification and notifications de- (2) COVERED CONTRACT.—The term ‘‘covered
and Governmental Affairs of the Senate and scribed in subsection (e). contract’’ means a contract relating to the
the Committee on Homeland Security of the (c) EXISTING COVERED CONTRACTS.—In de- procurement of covered information and
House of Representatives a study of the ade- veloping guidance under subsection (a), with communications technology or services for
quacy of uniform allowances provided to em- respect to each existing covered contract, the Department of Homeland Security.
ployees of frontline operational components each contractor with an existing covered (3) COVERED INFORMATION AND COMMUNICA-
(as defined in section 836 of the Homeland contract shall submit to the covered offi- TIONS TECHNOLOGY OR SERVICES.—The term
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Security Act of 2002, as added by subsection cer— ‘‘covered information and communications
(a)). (1) the bill of materials used for such con- technology or services’’ means the terms—
(2) REQUIREMENTS.—The study conducted tract, upon the request of such officer; and (A) ‘‘information technology’’ (as such
under paragraph (1) shall— (2) the certification and notifications de- term is defined in section 11101(6) of title 40,
(A) be informed by a Department-wide sur- scribed in subsection (e). United States Code);
vey of employees from across the Depart- (d) UPDATING BILL OF MATERIALS.—With re- (B) ‘‘information system’’ (as such term is
ment of Homeland Security who receive uni- spect to a covered contract, in the case of a defined in section 3502(8) of title 44, United
form allowances that seeks to ascertain change to the information included in a bill States Code);
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H6384 CONGRESSIONAL RECORD — HOUSE July 13, 2022
(C) ‘‘telecommunications equipment’’ (as ‘‘(d) PROGRAM DURATION.—A mentor firm ‘‘(2) MENTOR FIRM.—The term ‘mentor
such term is defined in section 3(52) of the and protégé firm approved under subsection firm’ means a for-profit business concern
Communications Act of 1934 (47 U.S.C. (c) shall enter into an agreement to partici- that is not a small business concern that—
153(52))); and pate in the Program for a period of not less ‘‘(A) has the ability to assist and commits
(D) ‘‘telecommunications service’’ (as such than 36 months. to assisting a protégé to compete for Federal
term is defined in section 3(53) of the Com- ‘‘(e) PROGRAM BENEFITS.—A mentor firm prime contracts and subcontracts; and
munications Act of 1934 (47 U.S.C. 153(53))). and protégé firm that enter into an agree- ‘‘(B) satisfies any other requirements im-
(4) COVERED OFFICER.—The term ‘‘covered ment under subsection (d) may receive the posed by the Secretary.
officer’’ means— following Program benefits: ‘‘(3) MINORITY-SERVING INSTITUTION.—The
(A) a contracting officer of the Depart- ‘‘(1) With respect to an award of a contract term ‘minority-serving institution’ means an
ment; and that requires a subcontracting plan, a men- institution of higher education described in
(B) any other official of the Department as tor firm may receive evaluation credit for section 317 of the Higher Education Act of
determined appropriate by the Under Sec- participating in the Program. 1965 (20 U.S.C. 1067q(a)).
retary. ‘‘(2) With respect to an award of a contract ‘‘(4) PROTÉGÉ FIRM.—The term ‘protégé
(5) SOFTWARE.—The term ‘‘software’’ that requires a subcontracting plan, a men- firm’ means a small business concern, a his-
means computer programs and associated tor firm may receive credit for a protégé torically Black college or university, or a
data that may be dynamically written or firm performing as a first tier subcontractor minority-serving institution that—
modified during execution. or a subcontractor at any tier in an amount ‘‘(A) is eligible to enter into a prime con-
(6) UNDER SECRETARY.—The term ‘‘Under equal to the total dollar value of any sub- tract or subcontract with the Department;
Secretary’’ means the Under Secretary for contracts awarded to such protégé firm. and
Management of the Department of Homeland ‘‘(3) A protégé firm may receive technical, ‘‘(B) satisfies any other requirements im-
Security. managerial, financial, or any other mutually posed by the Secretary.
SEC. 59123. DEPARTMENT OF HOMELAND SECU- agreed upon benefit from a mentor firm, in- ‘‘(5) SMALL BUSINESS ACT DEFINITIONS.—The
RITY MENTOR-PROTÉGÉ PROGRAM. cluding a subcontract award. terms ‘small business concern’, ‘small busi-
(a) IN GENERAL.—Subtitle H of title VIII of ‘‘(f) REPORTING.—Not later than one year ness concern owned and controlled by vet-
the Homeland Security Act of 2002 (6 U.S.C. after the date of the enactment of this Act, erans’, ‘small business concern owned and
451 et seq.) is amended by adding at the end and annually thereafter, the head of the Of- controlled by service-disabled veterans’,
the following new section: fice of Small and Disadvantaged Business ‘qualified HUBZone small business concern’,
‘‘SEC. 890C. MENTOR-PROTÉGÉ PROGRAM. Utilization shall submit to the Committee ‘and small business concern owned and con-
on Homeland Security and Governmental Af- trolled by women’ have the meanings given
‘‘(a) ESTABLISHMENT.—There is established
fairs and the Committee on Small Business such terms, respectively, under section 3 of
in the Department a mentor-protégé pro-
and Entrepreneurship of the Senate and the the Small Business Act (15 U.S.C. 632). The
gram (in this section referred to as the ‘Pro-
Committee on Homeland Security and the term ‘small business concern owned and con-
gram’) under which a mentor firm enters
Committee on Small Business of the House trolled by socially and economically dis-
into an agreement with a protégé firm for
of Representatives a report that— advantaged individuals’ has the meaning
the purpose of assisting the protégé firm to
‘‘(1) identifies each agreement between a given such term in section 8(d)(3)(C) of the
compete for prime contracts and sub-
mentor firm and a protégé firm entered into Small Business Act (15 U.S.C. 637(d)(3)(C)).’’.
contracts of the Department.
under this section, including the number of (b) CLERICAL AMENDMENT.—The table of
‘‘(b) ELIGIBILITY.—The Secretary shall es- contents in section 1(b) of the Homeland Se-
tablish criteria for mentor firms and protégé protégé firm participants that are—
curity Act of 2002 is amended by inserting
firms to be eligible to participate in the Pro- ‘‘(A) small business concerns;
after the item relating to section 890B the
gram, including a requirement that a firm is ‘‘(B) small business concerns owned and
following new item:
not included on any list maintained by the controlled by veterans;
‘‘(C) small business concerns owned and ‘‘Sec. 890C. Mentor-protégé program.’’.
Federal Government of contractors that
controlled by service-disabled veterans; SEC. 59124. DHS TRADE AND ECONOMIC SECU-
have been suspended or debarred. RITY COUNCIL.
‘‘(c) PROGRAM APPLICATION AND AP- ‘‘(D) qualified HUBZone small business
concerns; (a) DHS TRADE AND ECONOMIC SECURITY
PROVAL.—
COUNCIL.—
‘‘(1) APPLICATION.—The Secretary, acting ‘‘(E) small business concerns owned and
(1) IN GENERAL.—Subtitle H of title VIII of
through the Office of Small and Disadvan- controlled by socially and economically dis-
the Homeland Security Act of 2002 (6 U.S.C.
taged Business Utilization of the Depart- advantaged individuals;
451 et seq.) is further amended by adding at
ment, shall establish a process for submis- ‘‘(F) small business concerns owned and
the end the following new section:
sion of an application jointly by a mentor controlled by women;
‘‘SEC. 890D. DHS TRADE AND ECONOMIC SECU-
firm and the protégé firm selected by the ‘‘(G) historically Black colleges and uni-
RITY COUNCIL.
mentor firm. The application shall include versities; and
‘‘(a) ESTABLISHMENT.—There is established
each of the following: ‘‘(H) minority-serving institutions;
in the Department the DHS Trade and Eco-
‘‘(A) A description of the assistance to be ‘‘(2) describes the type of assistance pro- nomic Security Council (referred to in this
provided by the mentor firm, including, to vided by mentor firms to protégé firms; section as the ‘Council’).
the extent available, the number and a brief ‘‘(3) identifies contracts within the Depart- ‘‘(b) DUTIES OF THE COUNCIL.—The Council
description of each anticipated subcontract ment in which a mentor firm serving as the shall provide to the Secretary advice and
to be awarded to the protégé firm. prime contractor provided subcontracts to a recommendations on matters of trade and
‘‘(B) A schedule with milestones for achiev- protégé firm under the Program; and economic security, including—
ing the assistance to be provided over the pe- ‘‘(4) assesses the degree to which there has ‘‘(1) identifying concentrated risks for
riod of participation in the Program. been— trade and economic security;
‘‘(C) An estimate of the costs to be in- ‘‘(A) an increase in the technical capabili- ‘‘(2) setting priorities for securing the Na-
curred by the mentor firm for providing as- ties of protégé firms; and tion’s trade and economic security;
sistance under the Program. ‘‘(B) an increase in the quantity and esti- ‘‘(3) coordinating Department-wide activ-
‘‘(D) Attestations that Program partici- mated value of prime contract and sub- ity on trade and economic security matters;
pants will submit to the Secretary reports at contract awards to protégé firms for the pe- ‘‘(4) with respect to the President’s con-
times specified by the Secretary to assist the riod covered by the report. tinuity of the economy plan under section
Secretary in evaluating the protégé firm’s ‘‘(g) RULE OF CONSTRUCTION.—Nothing in 9603 of the William M. (Mac) Thornberry Na-
developmental progress. this section may be construed to limit, di- tional Defense Authorization Act of Fiscal
‘‘(E) Attestations that Program partici- minish, impair, or otherwise affect the au- Year 2021;
pants will inform the Secretary in the event thority of the Department to participate in ‘‘(5) proposing statutory and regulatory
of a change in eligibility or voluntary with- any program carried out by or requiring ap- changes impacting trade and economic secu-
drawal from the Program. proval of the Small Business Administration rity; and
‘‘(2) APPROVAL.—Not later than 60 days or adopt or follow any regulation or policy ‘‘(6) any other matters the Secretary con-
after receipt of an application pursuant to that the Administrator of the Small Busi- siders appropriate.
paragraph (1), the head of the Office of Small ness Administration may promulgate, except ‘‘(c) MEMBERSHIP.—
and Disadvantaged Business Utilization shall that, to the extent that any provision of this ‘‘(1) IN GENERAL.—The Council shall be
notify applicants of approval or, in the case section (including subsection (h)) conflicts composed of the following members:
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of disapproval, the process for resubmitting with any other provision of law, regulation, ‘‘(A) The Assistant Secretary for Trade and
an application for reconsideration. or policy, this section shall control. Economic Security of the Office of Strategy,
‘‘(3) RESCISSION.—The head of the Office of ‘‘(h) DEFINITIONS.—In this section: Policy, and Plans of the Department.
Small and Disadvantaged Business Utiliza- ‘‘(1) HISTORICALLY BLACK COLLEGE OR UNI- ‘‘(B) An officer or an employee, selected by
tion may rescind the approval of an applica- VERSITY.—The term ‘historically Black col- the Secretary, from each of the following
tion under this subsection if it determines lege or university’ has the meaning given the components and offices of the Department:
that such action is in the best interest of the term ‘part B institution’ in section 322 of the ‘‘(i) The Cybersecurity and Infrastructure
Department. Higher Education Act of 1965 (20 U.S.C. 1061). Security Agency.
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6385
‘‘(ii) The Federal Emergency Management dition to any position on such Council occu- ‘‘(D) Exercising the acquisition decision
Agency. pied by a representative of the Cybersecurity authority (as such term is defined in section
‘‘(iii) The Office of Intelligence and Anal- and Infrastructure Security Agency of the 837) to approve, pause, modify (including the
ysis. Department); rescission of approvals of program mile-
‘‘(iv) The Science and Technology Direc- ‘‘(C) coordinate with stakeholders in other stones), or cancel major acquisition pro-
torate. Federal departments and agencies and non- grams (as such term is defined in section
‘‘(v) United States Citizenship and Immi- governmental entities with trade and eco- 837), unless the Under Secretary delegates
gration Services. nomic security interests, authorities, and re- such authority to a Component Acquisition
‘‘(vi) The Coast Guard. sponsibilities; and Executive (as such term is defined in section
‘‘(vii) U.S. Customs and Border Protection. ‘‘(D) perform such additional duties as the 837) pursuant to paragraph (3).
‘‘(viii) U.S. Immigration and Customs En- Secretary or the Under Secretary of Strat- ‘‘(E) Providing additional scrutiny and
forcement. egy, Policy, and Plans may prescribe. oversight for an acquisition that is not a
‘‘(ix) The Transportation Security Admin- ‘‘(4) DEFINITIONS.—In this subsection: major acquisition if—
istration. ‘‘(A) CRITICAL ECONOMIC SECURITY DOMAIN.— ‘‘(i) the acquisition is for a program that is
‘‘(2) CHAIR AND VICE CHAIR.—The Assistant The term ‘critical economic security do- important to the strategic and performance
Secretary for Trade and Economic Security main’ means any infrastructure, industry, plans of the Department;
shall serve as Chair of the Council. The As- technology, or intellectual property (or com- ‘‘(ii) the acquisition is for a program with
sistant Secretary for Trade and Economic bination thereof) that is essential for the significant program or policy implications;
Security may designate a Council member as economic security of the United States.
and
a Vice Chair. ‘‘(B) ECONOMIC SECURITY.—The term ‘eco-
‘‘(iii) the Secretary determines that such
‘‘(d) MEETINGS.—The Council shall meet nomic security’ has the meaning given such
scrutiny and oversight for the acquisition is
not less frequently than quarterly, as well term in section 890B.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.— proper and necessary.
as— ‘‘(F) Establishing policies for managing ac-
‘‘(1) at the call of the Chair; or There are authorized to be appropriated to
the Secretary of Homeland Security quisitions across the Department that pro-
‘‘(2) at the direction of the Secretary. mote best practices (as such term is defined
$3,000,000 for each of fiscal years 2023 through
‘‘(e) BRIEFINGS.—Not later than 180 days in section 837).
2027 to carry out section 890B and subsection
after the date of the enactment of this sec- ‘‘(G) Establishing policies for acquisition
(g) of section 709 of the Homeland Security
tion and every six months thereafter for four that implement an approach that considers
Act of 2002, as added and inserted, respec-
years, the Council shall brief the Committee risks of failure to achieve cost, schedule, or
tively, by subsections (a) and (b) of this Act.
on Homeland Security of the House of Rep- performance parameters that all components
SEC. 59125. DHS ACQUISITION REFORM.
resentatives and the Committee on Home- of the Department shall comply with, includ-
(a) ACQUISITION AUTHORITIES FOR THE
land Security and Governmental Affairs of ing outlining relevant authorities for pro-
UNDER SECRETARY OF MANAGEMENT OF THE
the Senate on the actions and activities of gram managers to effectively manage acqui-
DEPARTMENT OF HOMELAND SECURITY.—Sec-
the Council. tion 701 of the Homeland Security Act of 2002 sition programs (as such term is defined in
‘‘(f) DEFINITION.—In this section, the term (6 U.S.C. 341) is amended— section 837).
‘economic security’ means the condition of (1) in subsection (a)— ‘‘(H) Ensuring that each major acquisition
having secure and resilient domestic produc- (A) in paragraph (2), by inserting ‘‘and ac- program has a Department-approved acquisi-
tion capacity combined with reliable access quisition management’’ after ‘‘Procure- tion program baseline (as such term is de-
to the global resources necessary to main- ment’’; and fined in section 837), pursuant to the Depart-
tain an acceptable standard of living and (B) in paragraph (6), by inserting ‘‘(includ- ment’s acquisition management policy that
protect core national values.’’. ing firearms and other sensitive assets)’’ is traceable to the life-cycle cost estimate of
(2) CLERICAL AMENDMENT.—The table of after ‘‘equipment’’; the program, integrated master schedule,
contents in section 1(b) of the Homeland Se- (2) by redesignating subsections (d), the and operational requirements.
curity Act of 2002 is amended by inserting first subsection (e) (relating to the system ‘‘(I) Assisting the heads of components and
after the item relating to section 890C the for award management consultation), and Component Acquisition Executives in efforts
following new item: the second subsection (e) (relating to the def- to comply with Federal law, the Federal Ac-
‘‘Sec. 890D. DHS Trade and Economic Secu- inition of interoperable communications) as quisition Regulation, and Department acqui-
rity Council.’’. subsections (e), (f), and (g), respectively; and sition management directives.
(b) ASSISTANT SECRETARY FOR TRADE AND (3) by inserting after subsection (c) the fol- ‘‘(J) Ensuring that grants and financial as-
ECONOMIC SECURITY.—Section 709 of the lowing new subsection: sistance are provided only to individuals and
Homeland Security Act of 2002 (6 U.S.C. 349) ‘‘(d) ACQUISITION AND RELATED RESPON- organizations that are not suspended or
is amended— SIBILITIES.— debarred.
(1) by redesignating subsection (g) as sub- ‘‘(1) IN GENERAL.—Notwithstanding section ‘‘(K) Distributing guidance throughout the
section (h); and 1702(a) of title 41, United States Code, the Department to ensure that contractors in-
(2) by inserting after subsection (f) the fol- Under Secretary for Management is the volved in acquisitions, particularly contrac-
lowing new subsection: Chief Acquisition Officer of the Department. tors that access the Department’s informa-
‘‘(g) ASSISTANT SECRETARY FOR TRADE AND As Chief Acquisition Officer, the Under Sec- tion systems and technologies, adhere to rel-
ECONOMIC SECURITY.— retary shall have the authorities and per- evant Department policies related to phys-
‘‘(1) IN GENERAL.—There is within the Of- form the functions specified in section ical and information security as identified
fice of Strategy, Policy, and Plans an Assist- 1702(b) of such title, and perform all other by the Under Secretary.
ant Secretary for Trade and Economic Secu- functions and responsibilities delegated by ‘‘(L) Overseeing the Component Acquisi-
rity. the Secretary or described in this subsection. tion Executive organizational structure to
‘‘(2) DUTIES.—The Assistant Secretary for ‘‘(2) FUNCTIONS AND RESPONSIBILITIES.—In ensure Component Acquisition Executives
Trade and Economic Security shall be re- addition to the authorities and functions have sufficient capabilities and comply with
sponsible for policy formulation regarding specified in section 1702(b) of title 41, United Department acquisition policies.
matters relating to economic security and States Code, the functions and responsibil- ‘‘(M) Developing and managing a profes-
trade, as such matters relate to the mission ities of the Under Secretary for Management sional acquisition workforce to ensure the
and the operations of the Department. related to acquisition (as such term is de- goods and services acquired by the Depart-
‘‘(3) ADDITIONAL RESPONSIBILITIES.—In addi- fined in section 131 of such title) include the ment meet the needs of the mission and are
tion to the duties specified in paragraph (2), following: at the best value for the expenditure of pub-
the Assistant Secretary for Trade and Eco- ‘‘(A) Advising the Secretary regarding ac- lic resources.
nomic Security shall— quisition management activities, consid- ‘‘(3) DELEGATION OF CERTAIN ACQUISITION
‘‘(A) oversee— ering risks of failure to achieve cost, sched- DECISION AUTHORITY.—The Under Secretary
‘‘(i) the activities and enhancements of re- ule, or performance parameters, to ensure for Management may delegate acquisition
quirements for supply chain mapping not that the Department achieves its mission decision authority, in writing, to the rel-
otherwise assigned by law or by the Sec- through the adoption of widely accepted pro- evant Component Acquisition Executive for
retary to another officer; and gram management best practices (as such a major capital asset, service, or hybrid ac-
‘‘(ii) assessments and reports to Congress term is defined in section 837) and standards quisition program that has a life-cycle cost
related to critical economic security do- and, where appropriate, acquisition innova- estimate of at least $300,000,000 but not more
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mains; tion best practices. than $1,000,000,000, based on fiscal year 2022
‘‘(B) serve as the executive for the Depart- ‘‘(B) Leading the Department’s acquisition constant dollars, if—
ment on the Committee on Foreign Invest- oversight body, the Acquisition Review ‘‘(A) the component concerned possesses
ment in the United States (CFIUS), the Com- Board. working policies, processes, and procedures
mittee for the Assessment of Foreign Par- ‘‘(C) Synchronizing interagency coordina- that are consistent with Department acquisi-
ticipation in the United States Tele- tion relating to acquisition programs and ac- tion policy;
communications Services Sector, and the quisition management efforts of the Depart- ‘‘(B) the Component Acquisition Executive
Federal Acquisition Security Council (in ad- ment. concerned has adequate, experienced, and
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H6386 CONGRESSIONAL RECORD — HOUSE July 13, 2022
dedicated professional employees with pro- entities, or institutions of higher education (1) by redesignating subsection (b) as sub-
gram management training; and are relevant and sufficient in determining section (c); and
‘‘(C) each major acquisition program has a whether such system or service performs as (2) by inserting after subsection (a) the fol-
Department-approved acquisition program intended. lowing new subsection:
baseline, and it is meeting agreed-upon cost, ‘‘(c) ANNUAL REPORT.— ‘‘(b) ACQUISITION RESPONSIBILITIES.—In ad-
schedule, and performance thresholds.’’. ‘‘(1) IN GENERAL.—Not later than one year dition to the responsibilities specified in sec-
(b) OFFICE OF TEST AND EVALUATION OF THE after the date of the enactment of this sec- tion 11315 of title 40, United States Code, the
DEPARTMENT OF HOMELAND SECURITY.— tion and annually thereafter, the Director of acquisition responsibilities of the Chief In-
(1) IN GENERAL.—Title III of the Homeland the Office shall submit to the Secretary, the formation Officer, in consultation with the
Security Act of 2002 (6 U.S.C. 181 et seq.) is Under Secretary for Management, compo- Under Secretary for Management, shall in-
amended by adding at the end the following nent heads, and the Committee on Homeland clude the following:
new section: Security of the House of Representatives and ‘‘(1) Overseeing the management of the
‘‘SEC. 323. OFFICE OF TEST AND EVALUATION. the Committee on Homeland Security and Homeland Security Enterprise Architecture
‘‘(a) ESTABLISHMENT OF OFFICE.—There is Governmental Affairs a report relating to and ensuring that, before each acquisition
established in the Directorate of Science and the test and evaluation activities of the decision event (as such term is defined in
Technology of the Department an Office of major acquisition programs of the Depart- section 837), approved information tech-
Test and Evaluation (in this section referred ment for the previous fiscal year. nology acquisitions comply with any depart-
to as the ‘Office’). The Office shall— ‘‘(2) ELEMENTS.—Each report required mental information technology management
‘‘(1) serve as the principal advisory office under paragraph (1) shall include the fol- requirements, security protocols, and the
for test and evaluation support across the lowing: Homeland Security Enterprise Architecture,
Department; and ‘‘(A) An assessment of— and in any case in which information tech-
‘‘(2) serve as the test and evaluation liai- ‘‘(i) test and evaluation activities con- nology acquisitions do not so comply, mak-
son with— ducted for each major acquisition program ing recommendations to the Department’s
‘‘(A) Federal agencies and foreign, State, Acquisition Review Board regarding such
with respect to demonstrating operational
local, Tribal, and territorial governments; noncompliance.
requirements and operational effectiveness,
‘‘(B) the private sector; ‘‘(2) Providing recommendations to the Ac-
suitability, and resilience for each such pro-
‘‘(C) institutions of higher education; and quisition Review Board regarding informa-
gram;
‘‘(D) other relevant entities. tion technology programs and developing in-
‘‘(ii) any waivers of, or deviations from, ap-
‘‘(b) DIRECTOR.—The Office shall be led by formation technology acquisition strategic
proved program test and evaluation master
a Director. The Director shall oversee the guidance.’’.
duties specified in subsection (a) and carry plans referred to in subsection (b)(3)(A); (e) ACQUISITION AUTHORITIES FOR UNDER
out the following responsibilities: ‘‘(iii) any concerns raised by the inde- SECRETARY OF STRATEGY, POLICY, AND PLANS
‘‘(1) Serve as a member of the Depart- pendent test and evaluation agent or third- OF THE DEPARTMENT OF HOMELAND SECU-
ment’s Acquisition Review Board. party tester selected and approved under RITY.—Subsection (c) of section 709 of the
‘‘(2) Establish and update, as necessary, subsection (b)(3)(B) relating to such waivers Homeland Security Act of 2002 (6 U.S.C. 349)
test and evaluation policies, procedures, and or deviations; and is amended by—
guidance for the Department. ‘‘(iv) any actions that have been taken or (1) redesignating paragraphs (4) through (7)
‘‘(3) Ensure, in coordination with the Chief are planned to be taken to address such con- as (5) through (8), respectively; and
Acquisition Officer, the Joint Requirements cerns. (2) inserting after paragraph (3) the fol-
Council, the Under Secretary for Science and ‘‘(B) Recommendations with respect to re- lowing new paragraph:
Technology, and relevant component heads, sources, facilities, and levels of funding ‘‘(4) ensure acquisition programs (as such
that acquisition programs (as such term is made available for test and evaluation ac- term is defined in section 837) support the
defined in section 837)— tivities referred to in subparagraph (A). DHS Quadrennial Homeland Security Review
‘‘(A) complete reviews of operational re- ‘‘(3) FORM.—Each report required under Report, the DHS Strategic Plan, the DHS
quirements to ensure such requirements— paragraph (1) shall be submitted in unclassi- Strategic Priorities, and other appropriate
‘‘(i) are informed by threats, including fied form but may include a classified annex. successor documents;’’.
physical and cybersecurity threats; ‘‘(d) RELATIONSHIP TO UNDER SECRETARY (f) ACQUISITION AUTHORITIES FOR PROGRAM
‘‘(ii) are operationally relevant; and FOR SCIENCE AND TECHNOLOGY.— ACCOUNTABILITY AND RISK MANAGEMENT
‘‘(iii) are measurable, testable, and achiev- ‘‘(1) IN GENERAL.—The Under Secretary for (PARM) OF THE DEPARTMENT OF HOMELAND
able within the constraints of cost and Management and the Under Secretary for SECURITY.—
schedule; Science and Technology shall coordinate in (1) IN GENERAL.—Title VII of the Homeland
‘‘(B) complete independent testing and matters related to Department-wide acquisi- Security Act of 2002 (6 U.S.C. 341 et seq.), as
evaluation of a system or service throughout tions so that investments of the Directorate amended by this Act, is further amended by
development of such system or service; of Science and Technology are able to sup- adding at the end the following new section:
‘‘(C) complete operational testing and eval- port current and future requirements of the ‘‘SEC. 715. PROGRAM ACCOUNTABILITY AND RISK
components of the Department. MANAGEMENT OFFICE.
uation that includes all system components
‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘(a) ESTABLISHMENT OF OFFICE.—There is
and incorporates operators into such testing
this subsection may be construed as affect- established in the Management Directorate
and evaluation to ensure that a system or
ing or diminishing the authority of the of the Department a Program Accountability
service satisfies the mission requirements in
Under Secretary for Science and Tech- and Risk Management office. Such office
the operational environment of such system
nology.’’. shall—
or service as intended in the acquisition pro-
(2) CLERICAL AMENDMENT.—The table of ‘‘(1) provide consistent accountability,
gram baseline; standardization, and transparency of major
‘‘(D) use independent verification and vali- contents in section 1(b) of the Homeland Se-
curity Act of 2002 is amended by inserting acquisition programs of the Department;
dation of test and evaluation implementa- ‘‘(2) serve as the central oversight function
tion and results, as appropriate; and after the item relating to section 322 the fol-
lowing new item: for all Department major acquisition pro-
‘‘(E) document whether such programs grams; and
meet all operational requirements. ‘‘Sec. 323. Office of Test and Evaluation.’’. ‘‘(3) provide review and analysis of Depart-
‘‘(4) Provide oversight of test and evalua- (c) ACQUISITION AUTHORITIES FOR CHIEF FI- ment acquisition programs, as appropriate.
tion activities for major acquisition pro- NANCIAL OFFICER OF THE DEPARTMENT OF ‘‘(b) EXECUTIVE DIRECTOR.—The Program
grams throughout the acquisition life cycle HOMELAND SECURITY.—Paragraph (2) of sec- Accountability and Risk Management office
by— tion 702(b) of the Homeland Security Act of shall be led by an Executive Director. The
‘‘(A) approving program test and evalua- 2002 (6 U.S.C. 342(b)) is amended by— Executive Director shall oversee the duties
tion master plans, plans for individual test (1) redesignating subparagraph (I) as sub- specified in subsection (a), report directly to
and evaluation events, and other related doc- paragraph (J); and the Under Secretary for Management, and
umentation, determined appropriate by the (2) inserting after subparagraph (H) the fol- carry out the following responsibilities:
Director; lowing new subparagraph: ‘‘(1) Regularly monitor the performance of
‘‘(B) approving which independent test and ‘‘(I) Oversee the costs of acquisition pro- Department major acquisition programs be-
evaluation agent or third-party tester is se- grams (as such term is defined in section 837) tween acquisition decision events to identify
lected for each program; and and related activities to ensure that actual problems with cost, performance, or schedule
‘‘(C) providing an independent assessment and planned costs are in accordance with that components may need to address to pre-
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to the acquisition decision authority (as budget estimates and are affordable, or can vent cost overruns, performance issues, or
such term is defined in section 837) that as- be adequately funded, over the life cycle of schedule delays.
sesses a program’s progress in meeting oper- such programs and activities.’’. ‘‘(2) Assist the Under Secretary for Man-
ational requirements and operational effec- (d) ACQUISITION AUTHORITIES FOR CHIEF IN- agement in managing the Department’s ac-
tiveness, suitability, and resilience to inform FORMATION OFFICER OF THE DEPARTMENT OF quisition programs, acquisition workforce,
production and deployment decisions. HOMELAND SECURITY.—Section 703 of the and related activities of the Department.
‘‘(5) Determine if testing of a system or Homeland Security Act of 2002 (6 U.S.C. 343) ‘‘(3) Conduct oversight of individual acqui-
service conducted by other Federal agencies, is amended— sition programs to implement Department
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July 13, 2022 CONGRESSIONAL RECORD — HOUSE H6387
acquisition program policy, procedures, and ‘‘(A) define baseline requirements and doc- conceptualization, initiation, design, devel-
guidance, with a priority on ensuring the ument changes to such requirements, as ap- opment, test, contracting, production, de-
data the office collects and maintains from propriate; ployment, logistics support, modification, or
Department components is accurate and reli- ‘‘(B) establish a complete life cycle cost es- disposal of systems, supplies, or services (in-
able. timate with supporting documentation that cluding construction) to satisfy the Depart-
‘‘(4) Serve as the focal point and coordi- is consistent with cost estimating best prac- ment’s needs.
nator for the acquisition life-cycle review tices as identified by the Comptroller Gen- ‘‘(5) ACQUISITION PROGRAM BASELINE.—The
process and as the executive secretariat for eral of the United States; term ‘acquisition program baseline’, with re-
the Department’s Acquisition Review Board. ‘‘(C) verify each life cycle cost estimate spect to an acquisition program, means the
‘‘(5) Advise the persons having acquisition against independent cost estimates or assess- cost, schedule, and performance parameters,
decision authority to— ments, as appropriate, and reconcile any dif- expressed in standard, measurable, quan-
‘‘(A) make acquisition decisions consistent ferences; titative terms, which must be met to accom-
with all applicable laws; and ‘‘(D) complete a cost-benefit analysis with plish the goals of such program.
‘‘(B) establish clear lines of authority, ac- supporting documentation; and ‘‘(6) BEST PRACTICES.—The term ‘best prac-
countability, and responsibility for acquisi- ‘‘(E) develop and maintain a schedule that tices’, with respect to acquisition, means a
tion decision-making within the Depart- is consistent with scheduling best practices knowledge-based approach to capability de-
ment. as identified by the Comptroller General of velopment, procurement, and support that
‘‘(6) Develop standardized certification the United States, including, in appropriate includes the following:
standards, in consultation with the Compo- cases, an integrated master schedule; ‘‘(A) Identifying and validating needs.
nent Acquisition Executives, for all acquisi- ‘‘(3) ensure that all acquisition program ‘‘(B) Assessing alternatives to select the
tion program managers. documentation provided by the component most appropriate solution.
‘‘(7) Assess the results of major acquisition demonstrates the knowledge required for ‘‘(C) Establishing well-defined require-
programs’ post-implementation reviews, and successful program execution prior to final ments.
identify opportunities to improve perform- approval and is complete, accurate, timely, ‘‘(D) Developing realistic cost assessments
ance throughout the acquisition process. and valid; and schedules that account for the entire
‘‘(8) Provide technical support and assist- ‘‘(4) in such cases where it is appropriate, life-cycle of an acquisition.
ance to Department acquisition programs exercise the acquisition decision authority ‘‘(E) Demonstrating technology, design,
and acquisition personnel, and coordinate to approve, pause, modify (including the re- and manufacturing maturity before initi-
with the Chief Procurement Officer regard- scission of approvals of program milestones), ating production.
ing workforce training and development ac- or cancel major acquisition programs or non- ‘‘(F) Using milestones and exit criteria or
tivities. major acquisition programs when delegated specific accomplishments that demonstrate
‘‘(9) Assist, as appropriate, with the prepa- by the Under Secretary for Management pur- the attainment of knowledge to support
ration of the Future Years Homeland Secu- suant to section 701(d)(3); and progress throughout the acquisition phases.
rity Program, and make such information ‘‘(5) review, oversee, and direct activities ‘‘(G) Regularly assessing and managing
available to the congressional homeland se- between acquisition decision events for risks to achieve requirements and cost and
curity committees. major acquisition programs within the com- schedule goals.
‘‘(10) In coordination with the Component ponent for which the Under Secretary for ‘‘(H) To the maximum extent possible,
Acquisition Executives, maintain the Master Management is the acquisition decision au- adopting and executing standardized proc-
Acquisition Oversight List, updated quar- thority. esses.
terly, that shall serve as an inventory of all ‘‘(e) DEFINITIONS.—In this section: ‘‘(I) Establishing a workforce that is quali-
major acquisition programs and non-major ‘‘(1) ACQUISITION.—The term ‘acquisition’ fied to perform necessary acquisition roles.
acquisition programs within the Depart- has the meaning given such term in section ‘‘(J) Integrating into the Department’s
ment, including for each such program— 131 of title 41, United States Code. mission and business operations the capabili-
‘‘(A) the component sponsoring the acqui- ‘‘(2) ACQUISITION DECISION AUTHORITY.—The ties described in subparagraphs (A) through
sition; term ‘acquisition decision authority’ means (I).
‘‘(B) the name of the acquisition; the authority, in addition to the authorities ‘‘(7) BREACH.—The term ‘breach’, with re-
‘‘(C) the acquisition level as determined by and functions specified in subsection (b) of spect to a major acquisition program, means
the anticipated life-cycle cost of the pro- section 1702 of title 41, United States Code, a failure to meet any cost, schedule, or per-
gram and other criteria pursuant to the De- held by the Secretary acting through the formance threshold specified in the most re-
partment-level acquisition policy; Under Secretary for Management to— cently approved acquisition program base-
‘‘(D) the acquisition decision authority for ‘‘(A) ensure compliance with Federal law, line.
the acquisition; and the Federal Acquisition Regulation, and De- ‘‘(8) CONGRESSIONAL HOMELAND SECURITY
‘‘(E) the current acquisition phase. partment acquisition management direc- COMMITTEES.—The term ‘congressional home-
‘‘(c) RESPONSIBILITIES OF COMPONENTS.— tives; land security committees’ means—
Each head of a component shall comply with ‘‘(B) review (including approving, pausing, ‘‘(A) the Committee on Homeland Security
Federal law, the Federal Acquisition Regula- modifying, or canceling) an acquisition pro- of the House of Representatives and the
tion, and Department acquisition manage- gram throughout the life cycle of such pro- Committee on Homeland Security and Gov-
ment directives established by the Under gram; ernmental Affairs of the Senate; and
Secretary for Management. For each major ‘‘(C) ensure that acquisition program man- ‘‘(B) the Committee on Appropriations of
acquisition program, each head of a compo- agers have the resources necessary to suc- the House of Representatives and the Com-
nent shall— cessfully execute an approved acquisition mittee on Appropriations of the Senate.
‘‘(1) establish an organizational structure program; ‘‘(9) COMPONENT ACQUISITION EXECUTIVE.—
for conducting acquisitions within the com- ‘‘(D) ensure appropriate acquisition pro- The term ‘Component Acquisition Executive’
ponent, to be managed by a Component Ac- gram management of cost, schedule, risk, means the senior acquisition official within
quisition Executive; and system or service performance of the ac- a component who is designated in writing by
‘‘(2) obtain the resources necessary to oper- quisition program at issue, including assess- the Under Secretary for Management, in
ate such an organizational structure that are ing acquisition program baseline breaches consultation with the component head, with
aligned with the number, type, size, and and directing any corrective action for such authority and responsibility for leading a
complexity of the acquisition programs of breaches; process and staff to provide acquisition and
the component; and ‘‘(E) ensure that acquisition program man- program management oversight, policy, and
‘‘(3) oversee sustainment of capabilities de- agers, on an ongoing basis, monitor cost, guidance to ensure that statutory, regu-
ployed by major acquisition programs and schedule, and performance against estab- latory, and higher level policy requirements
non-major acquisition programs after all lished baselines and use tools to assess risks are fulfilled, including compliance with Fed-
planned deployments are completed until to an acquisition program at all phases of eral law, the Federal Acquisition Regulation,
such capabilities are retired or replaced. the life-cycle of such program; and and Department acquisition management di-
‘‘(d) RESPONSIBILITIES OF COMPONENT AC- ‘‘(F) establish policies and procedures for rectives established by the Under Secretary.
QUISITION EXECUTIVES.—Each Component Ac- major acquisition programs of the Depart- ‘‘(10) LIFE-CYCLE COST.—The term ‘life-
quisition Executive shall— ment. cycle cost’ means the total cost to the Gov-
‘‘(1) establish and implement policies and ‘‘(3) ACQUISITION DECISION EVENT.—The ernment of acquiring, operating, supporting,
guidance for managing and conducting over- term ‘acquisition decision event’, with re- and (if applicable) disposing of the items
rfrederick on DSKB3L4F33PROD with HOUSE
sight for major acquisition programs and spect to an acquisition program, means a being acquired.
non-major acquisition programs within the predetermined point within the acquisition ‘‘(11) MAJOR ACQUISITION PROGRAM.—The
component at issue that comply with Fed- life-cycle at which the acquisition decision term ‘major acquisition program’ means a
eral law, the Federal Acquisition Regulation, authority determines whether such acquisi- Department capital asset, services, or hybrid
and Department acquisition management di- tion program shall proceed to the next acqui- acquisition program that is estimated by the
rectives established by the Under Secretary sition phase. Secretary to require an eventual total ex-
for Management; ‘‘(4) ACQUISITION PROGRAM.—The term ‘ac- penditure of at least $300,000,000 (based on
‘‘(2) for each major acquisition program— quisition program’ means the fiscal year 2022 constant dollars) over its life
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