Amendments En Bloc No. 5 to H.R. 7900 — Congressional Record, House, July 14, 2022
Summary
A page of the Congressional Record, House, dated July 14, 2022, at page H6514. It carries the end of one-minute speeches, including a tribute to Michael Inserra on his service as police chief of New Hartford, a congratulation to a track and field athlete named Darren, and remarks by Mr. Rose on the southern border. It then records that further consideration of H.R. 7900, the bill for fiscal year 2023 military activities of the Department of Defense, resumes and that Mr. Smith of Washington, pursuant to House Resolution 1224, offers Amendments En Bloc No. 5. The remarks are the speakers' own.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Amendments En Bloc No. 5 to H.R. 7900 — Congressional Record, House, July 14, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-07-14-crec-2022-07-14-pt1-pgh6514-6-2913e2a9f7/
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H6514 CONGRESSIONAL RECORD — HOUSE July 14, 2022
his competition in track and field and line-of-duty death of Officer Joseph tempore (Mr. HIGGINS of New York) at
to pursue a degree in business. Corr. Inserra played a key role in ap- 11 o’clock and 31 minutes a.m.
Mr. Speaker, I would also be remiss if prehending the suspects and helping f
I did not recognize Darren’s two big- the department and community navi-
gate the horrible tragedy and after- NATIONAL DEFENSE AUTHORIZA-
gest cheerleaders: his mother, Erica,
math. TION ACT FOR FISCAL YEAR 2023
and his father, Nicholas, who serves as
a senior constituent advocate assisting In 2010, Inserra was named chief of The Speaker pro tempore. Pursuant
residents of Pennsylvania’s 11th Con- the New Hartford Police Department. to clause 1(c) of rule XIX, further con-
gressional District. Shortly after taking charge, the de- sideration of the bill H.R. 7900, to au-
I congratulate Darren on his success partment made immediate changes, in- thorize appropriations for fiscal year
this year. We are all very proud of his cluding modernizing its IT equipment, 2023 for military activities of the De-
accomplishments and look forward to adding computers to all of their patrol partment of Defense and for military
seeing what he accomplishes next. cars, testing body cameras for their of- construction, to prescribe military per-
f ficers, and joining social media, which sonnel strengths for such fiscal year,
Inserra said helped strengthen the bond and for other purposes will now re-
THE SOUTHERN BORDER CRISIS with the community. sume.
(Mr. ROSE asked and was given per- To this day, Michael Inserra gives The Clerk read the title of the bill.
mission to address the House for 1 credit to the department for their con- AMENDMENTS EN BLOC NO. 5 OFFERED BY MR.
minute and to revise and extend his re- tinued success, commending them for SMITH OF WASHINGTON
marks.) professionalism and unwavering dedi- Mr. SMITH of Washington. Mr.
Mr. ROSE. Mr. Speaker, a recent re- cation to duty. Speaker, pursuant to House Resolution
port published by Republicans on the I thank Chief Inserra for his lifetime 1224, I offer amendments en bloc.
Senate Foreign Relations Committee of service and commitment to the town The SPEAKER pro tempore. The
tells us exactly how the Biden adminis- of New Hartford. Our communities are Clerk will designate the amendments
tration is fueling the southern border grateful for his many years of service en bloc.
as is the New Hartford Police Depart- Amendments en bloc No. 5 consisting
crisis and how that crisis is threat-
ment, which continues to thrive from of amendment Nos. 413, 415, 440, 444, 465,
ening our national security.
his insight. 543, 544, 545, 546, 547, 548, 549, 550, 551,
Border Patrol officials tell us two
f 552, 553, 554, 555, 556, 557, 558, 559, 560,
things drive immigration: economic
561, 562, 563, 564, 565, 566, 567, 568, 569,
opportunity and perception of U.S. im- WASHINGTON DEMOCRATS ARE 570, 571, 572, 573, 574, 575, 576, 577, 578,
migration policy. By dismantling FUELING THE ECONOMIC CRISIS 579, 580, 581, 582, 583, 584, 585, 586, 588,
Trump administration policies, Presi-
(Mr. SMITH of Missouri asked and 589, 590, 591, 592, 593, 594, 595, 596, 597,
dent Biden sent a message to millions 598, 599, 600, 601, 602, 603, 604, 605, 606,
was given permission to address the
of people, including transnational 607, 608, 609, 610, 611, 612, 613, 614, 615,
House for 1 minute and to revise and
criminal organizations, that our bor- 616, 617, 618, 619, 620, 621, 622, 623, 624,
extend his remarks.)
ders are open. Mr. SMITH of Missouri. Mr. Speaker, 625, 626, 627, 628, 629, 630, 631, 632, 633,
There have been 2.6 million migrant as families are forced to make tough fi- 634, 635, 636, 638, 639, 640, 641, 642, 643,
encounters since President Biden took nancial decisions every day because of 644, 645, 646, 647, 648, and 649, printed in
the oath of office. We see a new record sky-high inflation, Washington Demo- part A of House Report 117–405, offered
set every month. Still, the Biden ad- crats are fueling the economic crisis by by Mr. SMITH of Washington:
ministration wants to end Title 42 and spending hundreds of billions of dollars AMENDMENT NO. 413 OFFERED BY MS. JAYAPAL
the remain in Mexico policy. to advance their radical agenda. OF WASHINGTON
Additionally, on this President’s But that is just the spending they are At the end of title LVIII of division E, add
watch, Border Patrol officials have also trying to pass through Congress. Presi- the following:
seized more than 1 million pounds of il- dent Biden is using executive actions SEC. 5806. PROHIBITION ON CONTRACTING WITH
legal drugs. Overdose deaths in this to secretly put his radical agenda in PERSONS WITH WILLFUL OR RE-
country are at an all-time high. The place, footing taxpayers with a $532 bil- PEATED VIOLATIONS OF THE FAIR
President must enforce our laws and LABOR STANDARDS ACT OF 1938.
lion bill without any input of Congress.
save American lives. (a) INITIATION OF DEBARMENT PRO-
He spent $85 billion to continue a
CEEDINGS.—
f pandemic-era student loan payment (1) IN GENERAL.—The Secretary of Labor
moratorium benefiting higher-income shall initiate a debarment proceeding with
HONORING POLICE CHIEF MICHAEL
earners. He put $11 billion down the respect to a covered person for whom infor-
INSERRA
drain by eliminating strengthened mation regarding two or more willful or re-
(Ms. TENNEY asked and was given work requirements to SNAP for able- peated violations of the Fair Labor Stand-
permission to address the House for 1 bodied adults without dependents. ards Act of 1938 (29 U.S.C. 201 et seq.) (as de-
minute and to revise and extend her re- Instead of spending half a trillion termined by a disposition described under
marks.) dollars on things like reducing work subsection (c)(1) of section 2313 of title 41,
Ms. TENNEY. Mr. Speaker, I rise United States Code, and issued in the last
incentives and giving handouts to the
five years) is included in the database estab-
today to honor and celebrate my good wealthy, President Biden needs to get lished under subsection (a) of such section.
friend, former New Hartford Police serious about solving the significant (2) LENGTH OF DEBARMENT.—Notwith-
Chief Michael Inserra, who retired at challenges facing our Nation. standing any other provision of law, the Sec-
the end of June after an absolutely in- f retary of Labor may determine the length of
credible career. a debarment under paragraph (1).
Michael has served our local commu- RECESS (b) DATABASES.—Not later than 180 days
nities in law enforcement over 40 years. The SPEAKER pro tempore (Mr. after the date of enactment of this Act, the
Born and raised in my hometown of LEVIN of Michigan). Pursuant to clause Secretary of Labor shall ensure that the en-
forcement and compliance databases of the
New Hartford, New York, Michael 12(a) of rule I, the Chair declares the
Department of Labor—
started out in 1982 with the Whitestown House in recess subject to the call of (1) identify persons that have been finally
Police Department and quickly moved the Chair. adjudicated to have violated labor laws;
to the town of Kirkland Police Depart- Accordingly (at 10 o’clock and 27 (2) list each person, identified by the tax
ment. In 1988, Michael made his big minutes a.m.), the House stood in re- identification number of the person, that is
move to the New Hartford Police De- cess. suspended or debarred for a violation of a
dlhill on DSK120RN23PROD with HOUSE
partment to start a new career in law f labor law; and
enforcement where he would serve for (3) are accessible to contracting officers
b 1130 and suspension and debarment officials at all
another 34 years. Federal agencies.
Inserra was a sergeant in the depart- AFTER RECESS
(c) REVISION OF FAR.—The Federal Acqui-
ment during one of the most chal- The recess having expired, the House sition Regulation shall be revised to require
lenging times in its history, during the was called to order by the Speaker pro contracting officers—
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6515
(1) when renewing or awarding a contract, (iii) by striking subparagraph (C) and in- mitted by the Philippines military, police,
to check the database in subsection (b) for serting the following: and paramilitary forces, specifically viola-
suspensions or debarments described under ‘‘(C) taking an action to impose a sanction tions against trade unionists, journalists,
that subsection when determining present described under section 202(7) of Executive human rights defenders, critics of the gov-
responsibility and conducting a past per- Order 11246 (related to equal employment op- ernment, faith and religious leaders, and
formance evaluation; portunity) and section 60–1.27 of title 41, other civil society activists.
(2) to enter relevant information from the Code of Federal Regulations (or any suc- (2) A description of the human rights cli-
database in subsection (b) into past perform- cessor regulation).’’. mate in the Philippines; an assessment of
ance evaluations in the Contractor Perform- (b) CIVILIAN AGENCY CONTRACTS.—Section the Philippines military, police, and para-
ance Assessment and Reporting System; and 4714(b) of title 41, United States Code, is military forces’ adherence to human rights;
(3) to coordinate with the Labor Advisor of amended— and an analysis of such forces’ role in the
the agency and consult with experts regard- (1) by amending subsection (b) to read as practice of ‘‘red-tagging’’, including against
ing alleged violations of labor law. follows: United States citizens.
(d) DEFINITIONS.—In this section— ‘‘(b) COMPLIANCE.—
(1) the term ‘‘covered person’’ means any ‘‘(1) PROCEDURES FOR SUBMISSION OF COM- AMENDMENT NO. 444 OFFERED BY MR. QUIGLEY
individual, enterprise, or firm applying for a PLAINT.—The Secretary of Labor shall estab- OF ILLINOIS
contract worth $500,000 or more; lish, and make available to the public, proce-
(2) the term ‘‘Federal agency’’ has the dures under which an applicant for a position At the end of division E, add the following:
meaning given that term in section 102 of with a Federal contractor may submit to the
Secretary a complaint, or any other informa- TITLE LIX—PREVENTING FUTURE
title 40, United States Code;
tion, relating to compliance by the con- PANDEMICS
(3) the term ‘‘labor law’’ includes—
(A) subchapter IV of chapter 31 of title 40, tractor with subsection (a)(1)(B). SEC. 5901. DEFINITIONS.
United States Code (commonly referred to as ‘‘(2) INVESTIGATION OF COMPLIANCE.—In ad-
the ‘‘Davis Bacon Act’’); dition to the authority to investigate com- In this title:
(B) chapter 67 of subtitle II of title 41, pliance by a contractor with subsection (1) APPROPRIATE CONGRESSIONAL COMMIT-
United States Code (commonly referred to as (a)(1)(B) pursuant to a complaint submitted TEES.—The term ‘‘appropriate congressional
the ‘‘Services Contracting Act’’); and under paragraph (1) of this subsection, the committees’’ means—
(C) the Fair Labor Standards Act of 1938 (29 Secretary of Labor may investigate compli- (A) the Committee on Foreign Relations of
U.S.C. 201 et seq.); and ance with subsection (a)(1)(B) in conducting the Senate;
(4) the term ‘‘willful’’ has the meaning a compliance evaluation under section 60– (B) the Committee on Appropriations of
given that term in section 578.3 of title 29, 1.20, 60–300.60, or 60–741.60 of title 41, Code of the Senate;
Code of Federal Regulations. Federal Regulations (or any successor regu- (C) the Committee on Foreign Affairs of
AMENDMENT NO. 415 OFFERED BY MS. OCASIO-
lation).’’; and the House of Representatives; and
CORTEZ OF NEW YORK
(2) in subsection (c)— (D) the Committee on Appropriations of
(A) in paragraph (1)— the House of Representatives.
At the end of subtitle B of title VIII, insert (i) by striking ‘‘head of an executive agen- (2) COMMERCIAL TRADE IN LIVE WILDLIFE.—
the following: cy’’ and inserting ‘‘Secretary of Labor’’; The term ‘‘commercial trade in live wild-
SEC. ll. COMPLIANCE PROCEDURES FOR IN- (ii) by inserting ‘‘, based upon the results
VESTIGATING THE PROHIBITION ON
life’’—
of a complaint investigation or compliance (A) means commercial trade in live wildlife
CRIMINAL HISTORY INQUIRIES BY
FEDERAL CONTRACTORS PRIOR TO evaluation conducted by the Secretary of for human consumption as food or medicine,
CONDITIONAL OFFER. Labor under section 60–1.20, 60–300.60, or 60– whether the animals originated in the wild
(a) DEFENSE CONTRACTS.—Section 4657 of 741.60 of title 41, Code of Federal Regulations or in a captive environment; and
title 10, United States Code, is amended— (or any successor regulation)’’ after ‘‘deter- (B) does not include—
(1) by amending subsection (b) to read as mines’’; (i) fish;
follows: (iii) by striking ‘‘such head’’ and inserting (ii) invertebrates;
‘‘(b) COMPLIANCE.— ‘‘the Secretary of Labor’’; and (iii) amphibians and reptiles; and
‘‘(1) PROCEDURES FOR SUBMISSION OF COM- (iv) in subparagraph (C), by striking (iv) the meat of ruminant game species—
PLAINT.—The Secretary of Defense shall es-
‘‘warning’’ and inserting ‘‘notice’’; and
(I) traded in markets in countries with ef-
tablish, and make available to the public, (B) in paragraph (2)—
fective implementation and enforcement of
procedures under which an applicant for a (i) by striking ‘‘head of an executive agen-
scientifically based, nationally implemented
position with a Department of Defense con- cy’’ and inserting ‘‘Secretary of Labor’’;
policies and legislation for processing, trans-
tractor may submit to the Secretary a com- (ii) by inserting ‘‘, based upon the results
port, trade, and marketing; and
plaint, or any other information, relating to of a complaint investigation or compliance
evaluation conducted by the Secretary of (II) sold after being slaughtered and proc-
compliance by the contractor with sub- essed under sanitary conditions.
section (a)(1)(B). Labor under section 60–1.20, 60–300.60, or 60–
741.60 of title 41, Code of Federal Regulations (3) ONE HEALTH.—The term ‘‘One Health’’
‘‘(2) INVESTIGATION OF COMPLIANCE.—In ad- means a collaborative, multi-sectoral, and
dition to the authority to investigate com- (or any successor regulation),’’ after ‘‘deter-
mines’’; transdisciplinary approach working at the
pliance by a contractor with subsection local, regional, national, and global levels
(a)(1)(B) pursuant to a complaint submitted (iii) by striking ‘‘such head’’ and inserting
‘‘the Secretary of Labor’’; with the goal of achieving optimal health
under paragraph (1) of this subsection, the outcomes that recognizes the interconnec-
Secretary of Defense may investigate com- (iv) by inserting ‘‘as may be necessary’’
after ‘‘Federal agencies’’; and tion between—
pliance with subsection (a)(1)(B) in con- (A) people, animals, both wild and domes-
ducting a compliance evaluation under sec- (v) by striking subparagraph (C) and in-
serting the following: tic, and plants; and
tion 60–1.20, 60–300.60, or 60–741.60 of title 41,
‘‘(C) taking an action to impose a sanction (B) the environment shared by such people,
Code of Federal Regulations (or any suc-
described under section 202(7) of Executive animals, and plants.
cessor regulation).’’; and
Order 11246 (related to equal employment op- (4) WILDLIFE MARKET.—The term ‘‘wildlife
(2) in subsection (c)—
portunity) and section 60–1.27 of title 41, market’’—
(A) in paragraph (1)—
(i) by inserting ‘‘, based upon the results of Code of Federal Regulations (or any suc- (A) means a commercial market or sub-
a complaint investigation or compliance cessor regulation).’’. section of a commercial market—
evaluation conducted by the Secretary of De- (c) EFFECTIVE DATE.—This Act, and the (i) where live mammalian or avian wildlife
fense under section 60–1.20, 60–300.60, or 60– amendments made by this Act, shall apply is held, slaughtered, or sold for human con-
741.60 of title 41, Code of Federal Regulations with respect to contracts awarded on or after sumption as food or medicine whether the
(or any successor regulation)’’ after ‘‘deter- December 20, 2022. animals originated in the wild or in a captive
mines’’; AMENDMENT NO. 440 OFFERED BY MS. WILD OF environment; and
(ii) in subparagraph (C), by striking ‘‘warn- PENNSYLVANIA (ii) that delivers a product in communities
ing’’ and inserting ‘‘notice’’; and At the end of title LVIII, add the fol- where alternative nutritional or protein
(B) in paragraph (2)— lowing: sources are readily available and affordable;
(i) by inserting ‘‘, based upon the results of SEC. 58l. REPORT ON HUMAN RIGHTS IN THE and
a complaint investigation or compliance PHILIPPINES. (B) does not include—
(i) markets in areas where no other prac-
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evaluation conducted by the Secretary of De- Not later than 180 days after the date of
fense under section 60–1.20, 60–300.60, or 60– the enactment of this Act, the Secretary of tical alternative sources of protein or meat
741.60 of title 41, Code of Federal Regulations State, shall submit to the congressional de- exists, such as wildlife markets in rural
(or any successor regulation),’’ after ‘‘deter- fense committees a report that includes the areas on which indigenous people and rural
mines’’; following: local communities rely to feed them-selves
(ii) by inserting ‘‘as may be necessary’’ (1) An assessment of extrajudicial killings and their families; and
after ‘‘Federal agencies’’; and and other human rights violations com- (ii) processors of dead wild game and fish.
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H6516 CONGRESSIONAL RECORD — HOUSE July 14, 2022
SEC. 5902. COUNTRY-DRIVEN APPROACH TO END (1) support the availability of scalable and and the heads of other relevant departments
THE COMMERCIAL TRADE IN LIVE sustainable alternative sources of protein and agencies, shall work with foreign gov-
WILDLIFE AND ASSOCIATED WILD- and nutrition for local communities, where ernments, multilateral entities, intergovern-
LIFE MARKETS.
appropriate, in order to minimize human re- mental organizations, international part-
(a) IN GENERAL.—Not later than 120 days liance on the commercial trade in live wild-
after the completion of the first report re- ners, private sector partners, and nongovern-
life for human consumption; mental organizations to carry out activities
quired under section 5905, the Secretary of (2) support foreign governments to—
State, in coordination with the Adminis- supporting the following objectives, recog-
(A) reduce commercial trade in live wild- nizing that multiple interventions will like-
trator of the United States Agency for Inter- life for human consumption;
national Development and the heads of other ly be necessary to make an impact, and that
(B) transition from the commercial trade interventions will need to be tailored to the
relevant Federal departments and agencies, in live wildlife for human consumption to
including the Centers for Disease Control situation to—
sustainably produced alternate protein and (1) pursuant to section 5902, close wildlife
and Prevention, the Secretary of Agri- nutritional sources;
culture, and the Secretary of the Interior, markets and prevent associated commercial
(C) establish and effectively manage and trade in live wildlife, placing a priority focus
and after consideration of the results of best protect natural habitat, including protected
available scientific findings of practices and on countries with significant markets for
and conserved areas and the lands of Indige- live wildlife for human consumption, high-
behaviors occurring at the source of zoonoses nous peoples and local communities, particu-
spillover and spread, shall publicly release a volume commercial trade and associated
larly in countries with tropical forest
list of countries the governments of which markets, trade in and across urban centers,
hotspots for emerging diseases;
express willingness to end the domestic and and trade for luxury consumption or where
(D) strengthen veterinary and agricultural
international commercial trade in live wild- there is no dietary necessity—
extension capacity to improve sanitation
life and associated wildlife markets for (A) through existing treaties, conventions,
along the value chain and biosecurity of live
human consumption, as defined for purposes and agreements;
animal markets; and
of this title— (B) by amending existing protocols or
(E) strengthen public health capacity, par-
(1) immediately; agreements;
ticularly in countries where there is a high
(2) after a transitional period; and (C) by pursuing new protocols; or
risk of emerging zoonotic viruses and other
(3) aspirationally, over a long-term period. infectious diseases; (D) by other means of international coordi-
(b) GLOBAL HEALTH SECURITY ZOONOSIS (3) respect the rights and needs of indige- nation;
PLANS.—The Secretary of State and the Ad- nous peoples and local communities depend- (2) improve regulatory oversight and re-
ministrator of the United States Agency for ent on such wildlife for nutritional needs and duce commercial trade in live wildlife and
International Development shall work bilat- food security; and eliminate practices identified to contribute
erally with the governments of the countries (4) facilitate international cooperation by to zoonotic spillover and emerging patho-
listed pursuant to subsection (a) to establish working with international partners through gens;
Global Health Security Zoonoses Plans intergovernmental, international, and non- (3) prevent commercial trade in live wild-
that— governmental organizations such as the life through programs that combat wildlife
(1) outline actions to address novel patho- United Nations to— trafficking and poaching, including—
gens of zoonotic origin that have the poten- (A) lead a resolution at the United Nations (A) providing assistance to improve law en-
tial to become epidemics or pandemics; Security Council or General Assembly and forcement;
(2) identify incentives and strengthened World Health Assembly outlining the danger (B) detecting and deterring the illegal im-
policies; and to human and animal health from emerging port, transit, sale, and export of wildlife;
(3) provide technical support to commu- zoonotic infectious diseases, with rec- (C) strengthening such programs to assist
nities, policy makers, civil society, law en- ommendations for implementing the closure countries through legal reform;
forcement, and other stakeholders to— of wildlife markets and prevention of the (D) improving information sharing and en-
(A) end the domestic and international commercial trade in live wildlife for human hancing capabilities of participating foreign
commercial trade in live wildlife and associ- consumption, except where the consumption governments;
ated wildlife markets for human consump- of wildlife is necessary for local food secu- (E) supporting efforts to change behavior
tion immediately, during a transitional pe- rity or where such actions would signifi- and reduce demand for such wildlife prod-
riod, or aspirationally; and cantly disrupt a readily available and irre- ucts;
(B) improve the biosecurity and sanitation placeable food supply; (F) leveraging United States private sector
conditions in markets. (B) raise awareness and build stakeholder technologies and expertise to scale and en-
(c) UPDATES.—The list of countries re- engagement networks, including civil soci- hance enforcement responses to detect and
quired by subsection (a), the corresponding ety, the private sector, and local and re- prevent such trade; and
Global Health Security Zoonosis plans estab- gional governments on the dangerous poten- (G) strengthening collaboration with key
lished pursuant to subsection (b), and any tial of wildlife markets as a source of private sector entities in the transportation
actions taken under such plans to end the zoonotic diseases and reduce demand for the industry to prevent and report the transport
commercial trade in live wildlife and associ- consumption of wildlife through evidence- of such wildlife and wildlife products;
ated wildlife markets for human consump- based behavior change programs, while en- (4) leverage strong United States bilateral
tion immediately, during a transitional pe- suring that existing wildlife habitat is not relationships to support new and existing
riod, or aspirationally, shall be reviewed, up- encroached upon or destroyed as part of this inter-Ministerial collaborations or Task
dated, and publicly released annually by the process; Forces that can serve as regional One Health
Secretary and Administrator, following re- (C) encourage and support alternative models;
view of the most recent scientific data. forms of sustainable food production, farm- (5) build local agricultural and food safety
SEC. 5903. SENSE OF CONGRESS. ing, and shifts to sustainable sources of pro- capacity by leveraging expertise from the
It is the sense of Congress that global in- tein and nutrition instead of terrestrial wild- United States Department of Agriculture
stitutions, including the Food and Agri- life, where able and appropriate, and reduce (USDA) and institutions of higher education
culture Organization of the United Nations, consumer demand for terrestrial and fresh- with agricultural or natural resource exper-
the World Organisation for Animal Health, water wildlife through enhanced local and tise;
the World Health Organization, and the national food systems, especially in areas (6) work through international organiza-
United Nations Environment Programme, where wildlife markets play a significant tions to help develop a set of objective risk-
together with leading intergovernmental and role in meeting subsistence needs while en- based metrics that provide a cross-country
nongovernmental organizations, veterinary suring that existing wildlife habitat is not comparable measure of the level of risk
and medical colleges, the Department of encroached upon or destroyed as part of this posed by wildlife trade and marketing and
State, and the United States Agency for process; and can be used to track progress nations make
International Development, should— (D) strive to increase biosecurity and hygi- in reducing risks, identify where resources
(1) promote the paradigm of One Health as enic standards implemented in farms, gath- should be focused, and potentially leverage a
an effective and integrated way to address ering centers, transport, and market systems peer influence effect;
the complexity of emerging disease threats; around the globe, especially those special- (7) increase efforts to prevent the degrada-
and izing in the provision of products intended tion and fragmentation of forests and other
(2) support improved community health, for human consumption. intact ecosystems to minimize interactions
biodiversity conservation, forest conserva- SEC. 5905. PREVENTION OF FUTURE ZOONOTIC between wildlife and human and livestock
tion and management, sustainable agri- SPILLOVER EVENT. populations that could contribute to spill-
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culture, and the safety of livestock, domestic (a) IN GENERAL.—The Secretary of State over events and zoonotic disease trans-
animals, and wildlife in developing coun- and the Administrator of the United States mission, including by providing assistance or
tries, particularly in tropical landscapes Agency for International Development, in supporting policies to, for example—
where there is an elevated risk of zoonotic consultation with the Director of the United (A) conserve, protect, and restore the in-
disease spill over. States Fish and Wildlife Service, the Sec- tegrity of such ecosystems;
SEC. 5904. STATEMENT OF POLICY. retary of Agriculture, the Director of the (B) support the rights and needs of Indige-
It is the policy of the United States to— Centers for Disease Control and Prevention, nous People and local communities and their
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6517
ability to continue their effective steward- spillover along the supply chain for the wild- (H) supporting shifts from wildlife markets
ship of their traditional lands and terri- life market system. to diversified, safe, affordable, and accessible
tories; (E) Engaging and receiving guidance from alternative sources of protein and nutrition
(C) support the establishment and effective key stakeholders at the ministerial, local through enhanced local and national food
management of protected areas, prioritizing government, and civil society level, includ- systems while ensuring that existing wildlife
highly intact areas; and ing Indigenous Peoples, in countries that habitat is not encroached upon or destroyed
(D) prevent activities that result in the de- will be impacted by this title and where as part of this process;
struction, degradation, fragmentation, or wildlife markets and associated wildlife (I) improving community health, forest
conversion of intact forests and other intact trade are the predominant source of meat or management practices, and safety of live-
ecosystems and biodiversity strongholds, in- protein, in order to mitigate the impact of stock production in tropical landscapes, par-
cluding by governments, private sector enti- any international efforts on food security, ticularly in hotspots for zoonotic spillover
ties, and multilateral development financial nutrition, local customs, conservation meth- and emerging infectious diseases;
institutions; ods, or cultural norms. (J) preventing degradation and fragmenta-
(8) offer appropriate alternative livelihood (c) UNITED STATES AGENCY FOR INTER- tion of forests and other intact ecosystems,
and worker training programs and enterprise NATIONAL DEVELOPMENT.— particularly in tropical countries, to mini-
development to wildlife traders, wildlife (1) SUSTAINABLE FOOD SYSTEMS FUNDING.— mize interactions between wildlife, human,
breeders, and local communities whose mem- (A) AUTHORIZATION OF APPROPRIATIONS.—In and livestock populations that could con-
bers are engaged in the commercial trade in addition to any other amounts provided for tribute to spillover events and zoonotic dis-
live wildlife for human consumption; such purposes, there is authorized to be ap- ease transmission, including by providing as-
(9) ensure that the rights of indigenous propriated such sums as necessary for each sistance or supporting policies to—
peoples and local communities are respected of fiscal years 2023 through 2032 to the United (i) conserve, protect, and restore the integ-
and their authority to exercise these rights States Agency for International Develop- rity of such ecosystems; and
is protected; ment to reduce demand for consumption of (ii) support the rights of Indigenous People
(10) strengthen global capacity for preven- wildlife from wildlife markets and support and local communities and their ability to
tion, prediction, and detection of novel and shifts to diversified alternative and continue their effective steward ship of their
existing zoonoses with pandemic potential, sustainably produced sources of nutritious intact traditional lands and territories;
including the support of innovative tech- food and protein in communities that rely (K) supporting development and use of
upon the consumption of wildlife for food se- multi-data sourced predictive models and de-
nologies in coordination with the United
curity, while ensuring that existing wildlife cisionmaking tools to identify areas of high-
States Agency for International Develop-
habitat is not encroached upon or destroyed est probability of zoonotic spillover and to
ment, the Centers for Disease Control and
as part of this process, using a multisectoral determine cost-effective monitoring and
Prevention, and other relevant departments
approach and including support for dem- mitigation approaches; and
and agencies; and
onstration programs. (L) other relevant activities described in
(11) support the development of One Health
(B) ACTIVITIES.—The Bureau for Develop- this section that are within the mandate of
systems at the local, regional, national, and
ment, Democracy and Innovation (DDI), the the United States Agency for International
global levels in coordination with the United
Bureau for Resilience and Food Security Development.
States Agency for International Develop-
(RFS), and the Bureau for Global Health (d) STAFFING REQUIREMENTS.—The Admin-
ment, the Centers for Disease Control and (GH) of the United States Agency for Inter- istrator of the United States Agency for
Prevention, and other relevant departments national Development shall, in partnership International Development, in collaboration
and agencies, particularly in emerging infec- with United States and international insti- with the United States Fish and Wildlife
tious disease hotspots, through a collabo- tutions of higher education and nongovern- Service, the United States Department of
rative, multisectoral, and transdisciplinary mental organizations, co-develop approaches Agriculture Animal and Plant Health Inspec-
approach that recognizes the interconnec- focused on safe, sustainable food systems tion Service, the Centers for Disease Control
tions among people, animals, plants, and that support and incentivize the replacement and Prevention, and other Federal entities
their shared environment to achieve equi- of terrestrial wildlife in diets, while ensuring as appropriate, is authorized to hire addi-
table and sustainable health outcomes. that existing wildlife habitat is not en- tional personnel—
(b) ACTIVITIES MAY INCLUDE.— croached upon or destroyed as part of this (1) to undertake programs aimed at reduc-
(1) GLOBAL COOPERATION.—The United process. ing the risks of endemic and emerging infec-
States Government, working through the (2) ADDRESSING THREATS AND CAUSES OF tious diseases and exposure to antimicrobial
United Nations and its components, as well ZOONOTIC DISEASE OUTBREAKS.—The Adminis- resistant pathogens;
as international organization such as trator of the United States Agency for Inter- (2) to provide administrative support and
Interpol, the Food and Agriculture Organiza- national Development, in consultation with resources to ensure effective and efficient co-
tion of the United Nations, and the World the Secretary of the Interior, shall increase ordination of funding opportunities and shar-
Organisation for Animal Health, and in fur- activities in United States Agency for Inter- ing of expertise from relevant United States
therance of the policies described in section national Development programs related to Agency for International Development bu-
5904, shall— conserving biodiversity, combating wildlife reaus and programs, including emerging pan-
(A) collaborate with other member States, trafficking, sustainable landscapes, global demic threats;
issue declarations, statements, and commu- health, food security, and resilience in order (3) to award funding to on-the-ground
niques urging countries to close wildlife to address the threats and causes of zoonotic projects;
markets, and prevent commercial trade in disease outbreaks, including through— (4) to provide project oversight to ensure
live wildlife for human consumption; and (A) education; accountability and transparency in all
(B) urge increased enforcement of existing (B) capacity building; phases of the award process; and
laws to end wildlife trafficking. (C) strengthening human, livestock, and (5) to undertake additional activities under
(2) INTERNATIONAL COALITIONS.—The Sec- wildlife health monitoring systems of patho- this title.
retary of State shall seek to build new, and gens of zoonotic origin to support early de- (e) REPORTING REQUIREMENTS.—
support existing, international coalitions fo- tection and reporting of novel and known (1) DEPARTMENT OF STATE AND UNITED
cused on closing wildlife markets and pre- pathogens for emergence of zoonotic disease STATES AGENCY FOR INTERNATIONAL DEVELOP-
venting commercial trade in live wildlife for and strengthening cross-sectoral collabora- MENT.—
human consumption, with a focus on the fol- tion to align risk reduction approaches in (A) IN GENERAL.—Not later than 1 year
lowing efforts: consultation with the Director of the Cen- after the date of the enactment of this Act,
(A) Providing assistance and advice to ters for Disease Control and the Secretary of and annually thereafter until 2030, the Sec-
other governments in the adoption of legisla- Health and Human Services; retary of State and the Administrator of the
tion and regulations to close wildlife mar- (D) improved domestic and wild animal United States Agency for International De-
kets and associated trade over such time- disease monitoring and control at production velopment shall submit to the appropriate
frame and in such manner as to minimize the and market levels; congressional committees a report—
increase of wildlife trafficking and poaching. (E) development of alternative livelihood (i) describing—
(B) Creating economic and enforcement opportunities where possible; (I) the actions taken pursuant to this title
pressure for the immediate shut down of un- (F) preventing degradation and fragmenta- and the provision of United States technical
controlled, unsanitary, or illicit wildlife tion of forests and other intact ecosystems assistance;
markets and their supply chains to prevent and restoring the integrity of such eco- (II) the impact and effectiveness of inter-
their operation. systems, particularly in tropical countries, national cooperation on shutting down wild-
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(C) Providing assistance and guidance to to prevent the creation of new pathways for life markets;
other governments on measures to prohibit zoonotic pathogen transmission that arise (III) partnerships developed with other in-
the import, export, and domestic commercial from interactions among wildlife, humans, stitutions of higher learning and nongovern-
trade in live wildlife for the purpose of and livestock populations; mental organizations; and
human consumption. (G) minimizing interactions between do- (IV) the impact and effectiveness of inter-
(D) Implementing risk reduction interven- mestic livestock and wild animals in mar- national cooperation on preventing the im-
tions and control options to address zoonotic kets and captive production; port, export, and domestic commercial trade
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H6518 CONGRESSIONAL RECORD — HOUSE July 14, 2022
in live wildlife for the purpose of human use DIVISION F—DON YOUNG COAST GUARD TITLE V—MISCELLANEOUS
as food or medicine, while accounting for the AUTHORIZATION ACT OF 2022 Subtitle A—Navigation
differentiated needs of vulnerable popu- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 501. Restriction on changing salvors.
lations who depend upon such wildlife as a (a) SHORT TITLE.—This division may be Sec. 502. Providing requirements for vessels
predominant source of meat or protein; cited as the ‘‘Don Young Coast Guard Au- anchored in established anchor-
(ii) identifying— thorization Act of 2022’’. age grounds.
(I) foreign countries that continue to en- (b) TABLE OF CONTENTS.—The table of con- Sec. 503. Aquatic Nuisance Species Task
able the operation of wildlife markets as de- tents for this division is as follows: Force.
fined by this title and the associated trade of DIVISION F—DON YOUNG COAST GUARD Sec. 504. Limitation on recovery for certain
wildlife products for human use as food or AUTHORIZATION ACT OF 2022 injuries incurred in aquaculture
medicine that feeds such markets; activities.
Sec. 1. Short title; table of contents.
(II) recommendations for incentivizing or
enforcing compliance with laws and policies TITLE I—AUTHORIZATION Subtitle B—Other Matters
to close wildlife markets pursuant to section Sec. 101. Authorization of appropriations. Sec. 505. Information on type approval cer-
5902 and uncontrolled, unsanitary, or illicit Sec. 102. Authorized levels of military tificates.
wildlife markets and end the associated com- strength and training. Sec. 506. Passenger vessel security and safe-
mercial trade in live wildlife for human use Sec. 103. Shoreside infrastructure and facili- ty requirements.
as food or medicine, which may include visa ties. Sec. 507. Cargo waiting time reduction.
restrictions and other diplomatic or eco- Sec. 104. Availability of amounts for acqui- Sec. 508. Limited indemnity provisions in
nomic tools; and sition of additional cutters. standby oil spill response con-
(III) summarizing additional personnel TITLE II—COAST GUARD tracts.
hired with funding authorized under this Subtitle A—Military Personnel Matters Sec. 509. Port Coordination Council for
title, including the number hired in each bu- Sec. 201. Authorized strength. Point Spencer.
reau. Sec. 202. Continuation of officers with cer- Sec. 510. Western Alaska oil spill planning
(B) INITIAL REPORT.—The first report sub- tain critical skills on active criteria.
mitted under subparagraph (A) shall include, duty. Sec. 511. Nonapplicability.
in addition to the elements described in such Sec. 203. Number and distribution of officers Sec. 512. Report on enforcement of coastwise
subparagraph, a summary of existing re- on active duty promotion list. laws.
search and findings related to the risk live Sec. 204. Coast Guard behavioral health pol- Sec. 513. Land conveyance, Sharpe Army
wildlife markets pose to human health icy. Depot, Lathrop, California.
through the emergence or reemergence of Sec. 205. Improving representation of women Sec. 514. Center of Expertise for Marine En-
pathogens and activities to reduce the risk and of racial and ethnic minori- vironmental Response.
of zoonotic spillover. ties among Coast Guard active- Sec. 515. Prohibition on entry and operation.
(C) FORM.—The report required under this duty members. Sec. 516. St. Lucie River railroad bridge.
paragraph shall be submitted in unclassified Subtitle B—Operational Matters Sec. 517. Assistance related to marine mam-
form, but may include a classified annex. mals.
Sec. 206. Pilot project for enhancing Coast
Sec. 518. Manning and crewing requirements
SEC. 5906. LAW ENFORCEMENT ATTACHE DE- Guard cutter readiness through
for certain vessels, vehicles,
PLOYMENT. condition-based maintenance.
and structures.
Sec. 207. Unmanned systems strategy.
(a) IN GENERAL.—The Secretary of the In- Sec. 208. Budgeting of Coast Guard relating TITLE VI—SEXUAL ASSAULT AND SEX-
terior, acting through the Director of the to certain operations. UAL HARASSMENT PREVENTION AND
United States Fish and Wildlife Service, and Sec. 209. Report on San Diego maritime do- RESPONSE
in consultation with the Secretary of State, main awareness. Sec. 601. Definitions.
shall require the Chief of Law Enforcement Sec. 210. Great Lakes winter shipping. Sec. 602. Convicted sex offender as grounds
of the United States Fish and Wildlife Serv- Sec. 211. Center of expertise for Great Lakes for denial.
ice to hire, train, and deploy not fewer than oil spill search and response. Sec. 603. Sexual harassment or sexual as-
50 new United States Fish and Wildlife Serv- Sec. 212. Study on laydown of Coast Guard sault as grounds for suspension
ice law enforcement attaches, and appro- cutters. or revocation.
priate additional support staff, at 1 or more Subtitle C—Other Matters Sec. 604. Accommodation; notices.
United States embassies, consulates, com- Sec. 213. Responses of Commandant of the Sec. 605. Protection against discrimination.
mands, or other facilities— Coast Guard to safety rec- Sec. 606. Alcohol prohibition.
(1) in 1 or more countries designated as a ommendations. Sec. 607. Surveillance requirements.
focus country or a country of concern in the Sec. 214. Conveyance of Coast Guard vessels Sec. 608. Master key control.
most recent report submitted under section for public purposes. Sec. 609. Safety management systems.
201 of the Eliminate, Neutralize, and Disrupt Sec. 215. Acquisition life-cycle cost esti- Sec. 610. Requirement to report sexual as-
Wildlife Trafficking Act of 2016 (16 U.S.C. mates. sault and harassment.
7621); and Sec. 216. National Coast Guard Museum Sec. 611. Civil actions for personal injury or
(2) in such additional countries or regions, funding plan. death of seamen.
as determined by the Secretary of the Inte- Sec. 217. Report on Coast Guard explosive Sec. 612. Administration of sexual assault
rior, that are known or suspected to be a ordnance disposal. forensic examination kits.
source of illegal trade of species listed— Sec. 218. Pribilof Island transition comple- TITLE VII—TECHNICAL AND
(A) as a threatened species or an endan- tion actions. CONFORMING PROVISIONS
gered species under the Endangered Species Sec. 219. Notification of communication out-
ages. Sec. 701. Technical corrections.
Act of 1973 (16 U.S.C. 1531 et seq.); or Sec. 702. Transportation worker identifica-
(B) under appendix I of the Convention on TITLE III—MARITIME
tion credential technical
International Trade in Endangered Species Subtitle A—Shipping amendments.
of Wild Fauna and Flora, done at Wash- Sec. 301. Nonoperating individual. Sec. 703. Reinstatement.
ington March 3, 1973 (27 UST 1087; TIAS 8249). Sec. 302. Oceanographic research vessels.
TITLE I—AUTHORIZATION
(b) AUTHORIZATION OF APPROPRIATIONS.— Sec. 303. Atlantic Coast port access routes
briefing. SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to
Subtitle B—Vessel Safety Section 4902 of title 14, United States Code,
carry out this section $150,000,000 for each of is amended—
fiscal years 2023 through 2032. Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type am- (1) in the matter preceding paragraph (1)
SEC. 5907. RESERVATION OF RIGHTS. phibious passenger vessels. by striking ‘‘years 2020 and 2021’’ and insert-
Sec. 306. Exoneration and limitation of li- ing ‘‘years 2022 and 2023’’;
Nothing in this title shall restrict or oth- (2) in paragraph (1)—
erwise prohibit— ability for small passengers
vessels. (A) in subparagraph (A)—
(1) legal and regulated hunting, fishing, or (i) by striking ‘‘$8,151,620,850 for fiscal year
trapping activities for subsistence, sport, or Sec. 307. Automatic identification system
requirements. 2020’’ and inserting ‘‘$9,282,360,000 for fiscal
recreation; or year 2022’’; and
(2) the lawful domestic and international Subtitle C—Shipbuilding Program
dlhill on DSK120RN23PROD with HOUSE
(ii) by striking ‘‘$8,396,169,475 for fiscal
transport of legally harvested fish or wildlife Sec. 308. Qualified vessel. year 2021’’ and inserting ‘‘$10,210,596,000 for
trophies. Sec. 309. Establishing a capital construction fiscal year 2023’’;
fund. (B) in subparagraph (B) by striking
AMENDMENT NO. 465 OFFERED BY MR. DEFAZIO
TITLE IV—FEDERAL MARITIME ‘‘$17,035,000’’ and inserting ‘‘$17,723,520’’; and
OF OREGON
COMMISSION (C) in subparagraph (C) by striking
At the end of the bill, add the following: Sec. 401. Terms and vacancies. ‘‘$17,376,000’’ and inserting ‘‘$18,077,990’’;
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6519
(3) in paragraph (2)— SEC. 104. AVAILABILITY OF AMOUNTS FOR AC- ‘‘(b) CRITICAL SKILLS, SPECIALTY, OR CA-
(A) in subparagraph (A)— QUISITION OF ADDITIONAL CUT- REER FIELD.—The Commandant shall des-
TERS. ignate any critical skill, specialty, or career
(i) by striking ‘‘$2,794,745,000 for fiscal year
2020’’ and inserting ‘‘$3,312,114,000 for fiscal (a) IN GENERAL.—Of the amounts author- field eligible for continuation on active duty
year 2022’’; and ized to be appropriated under— as provided in subsection (a).
(ii) by striking ‘‘$3,312,114,000 for fiscal (1) section 4902(2)(A)(i) of title 14, United
‘‘(c) DURATION OF CONTINUATION.—An offi-
year 2021’’ and inserting ‘‘$3,477,600,000 for States Code, as amended by section 101 of
cer continued on active duty pursuant to
fiscal year 2023’’; and this title, for fiscal year 2022;
this section shall, if not earlier retired, be
(B) in subparagraph (B)— (A) $300,000,000 shall be authorized for the
retired on the first day of the month after
(i) by striking ‘‘$10,000,000 for fiscal year acquisition of a twelfth National Security
the month in which the officer completes 40
2020’’ and inserting ‘‘$20,400,000 for fiscal year Cutter; and
years of active service.
2022’’; and (B) $210,000,000 shall be authorized for the
acquisition of 3 Fast Response Cutters; and ‘‘(d) POLICY.—The Commandant shall carry
(ii) by striking ‘‘$20,000,000 for fiscal year out this section by prescribing policy which
2021’’ and inserting ‘‘$20,808,000 for fiscal year (2) section 4902(2)(A)(ii) of title 14, United
States Code, as amended by section 101 of shall specify the criteria to be used in desig-
2023’’; nating any critical skill, specialty, or career
(4) in paragraph (3)— this title, for fiscal year 2023;
(A) $300,000,000 shall be authorized for the field for purposes of subsection (b).’’.
(A) by striking ‘‘$13,834,000 for fiscal year
2020’’ and inserting ‘‘$14,393,220 for fiscal year acquisition of a twelfth National Security (b) CLERICAL AMENDMENT.—The analysis
2022’’; and Cutter; and for chapter 21 of title 14, United States Code,
(B) by striking ‘‘$14,111,000 for fiscal year (B) $210,000,000 shall be authorized for the is amended by inserting after the item relat-
2021’’ and inserting ‘‘$14,681,084 for fiscal year acquisition of 3 Fast Response Cutters. ing to section 2165 the following:
2023’’; and (b) TREATMENT OF ACQUIRED CUTTER.—Any
‘‘2166. Continuation on active duty; Coast
(5) in paragraph (4)— cutter acquired using amounts authorized
Guard officers with certain
(A) by striking ‘‘$205,107,000 for fiscal year under subsection (a) shall be in addition to
critical skills.’’.
2020’’ and inserting ‘‘$213,393,180 for fiscal the National Security Cutters and Fast Re-
sponse Cutters approved under the existing SEC. 203. NUMBER AND DISTRIBUTION OF OFFI-
year 2022’’; and CERS ON ACTIVE DUTY PROMOTION
(B) by striking ‘‘$209,209,000 for fiscal year acquisition baseline in the program of record
LIST.
2021’’ and inserting ‘‘$217,661,044 for fiscal for the National Security Cutter and Fast
Response Cutter. (a) MAXIMUM NUMBER OF OFFICERS.—Sec-
year 2023’’.
(c) GREAT LAKES ICEBREAKER ACQUISI- tion 2103(a) of title 14, United States Code, is
SEC. 102. AUTHORIZED LEVELS OF MILITARY TION.—Of the amounts authorized to be ap- amended to read as follows:
STRENGTH AND TRAINING.
propriated under section 4902(2)(A)(ii) of title ‘‘(a) MAXIMUM TOTAL NUMBER.—
Section 4904 of title 14, United States Code, 14, United States Code— ‘‘(1) IN GENERAL.—The total number of
is amended— (1) for fiscal year 2022, $350,000,000 shall be Coast Guard commissioned officers on the
(1) in subsection (a) by striking ‘‘fiscal authorized for the acquisition of a Great active duty promotion list, excluding war-
years 2020 and 2021’’ and inserting ‘‘fiscal Lakes icebreaker at least as capable as Coast rant officers, shall not exceed—
years 2022 and 2023’’; and Guard Cutter Mackinaw (WLBB–30); and ‘‘(A) 7,100 in fiscal year 2022;
(2) in subsection (b) by striking ‘‘fiscal (2) for fiscal year 2023, $20,000,000 shall be ‘‘(B) 7,200 in fiscal year 2023;
years 2020 and 2021’’ and inserting ‘‘fiscal authorized for the design and selection of ‘‘(C) 7,300 in fiscal year 2024; and
years 2022 and 2023’’. icebreaking cutters for operation in the ‘‘(D) 7,400 in fiscal year 2025 and each sub-
SEC. 103. SHORESIDE INFRASTRUCTURE AND FA- Great Lakes, the Northeastern United sequent fiscal year.
CILITIES. States, and the Arctic, as appropriate, that ‘‘(2) TEMPORARY INCREASE.—Notwith-
(a) IN GENERAL.—Of the amounts author- are at least as capable as the Coast Guard standing paragraph (1), the Commandant
ized to be appropriated under section 140-foot icebreaking tugs. may temporarily increase the total number
4902(2)(A) of title 14, United States Code, for (d) DRUG AND MIGRANT INTERDICTION.—Of of commissioned officers permitted under
each of fiscal years 2022 and 2023, up to the Fast Response Cutters authorized for ac- such paragraph by up to 2 percent for no
$585,000,000 shall be authorized for the Sec- quisition under subsection (a), at least 1 more than 60 days following the date of the
retary of the department in which the Coast shall be used for drug and migrant interdic- commissioning of a Coast Guard Academy
Guard is operating to fund the acquisition, tion in the Caribbean Basin (including the class.
construction, rebuilding, or improvement of Gulf of Mexico). ‘‘(3) NOTIFICATION.—Not later than 30 days
Coast Guard shoreside infrastructure and fa- TITLE II—COAST GUARD after exceeding the total number of commis-
cilities necessary to support Coast Guard op- Subtitle A—Military Personnel Matters sioned officers permitted under paragraph
erations and readiness. SEC. 201. AUTHORIZED STRENGTH. (1), and each 30 days thereafter until the
(b) BALTIMORE COAST GUARD YARD.—Of the Section 3702 of title 14, United States Code, total number of commissioned officers no
amounts set aside under subsection (a), up to is amended by adding at the end the fol- longer exceeds the number of such officers
$175,000,000 shall be authorized to improve fa- lowing: permitted under paragraph (1), the Com-
cilities at the Coast Guard Yard in Balti- ‘‘(c) The Secretary may vary the author- mandant shall notify the Committee on
more, Maryland, including improvements to ized end strength of the Coast Guard Se- Transportation and Infrastructure of the
piers and wharves, dry dock, capital equip- lected Reserves for a fiscal year by a number House of Representatives and the Committee
ment utilities, or dredging necessary to fa- equal to not more than 3 percent of such end on Commerce, Science, and Transportation
cilitate access to such Yard. strength upon a determination by the Sec- of the Senate of the number of officers on
(c) TRAINING CENTER CAPE MAY.—Of the retary that varying such authorized end the active duty promotion list on the last
amounts set aside under subsection (a), up to strength is in the national interest. day of the preceding 30-day period.’’.
$60,000,000 shall be authorized to fund Phase ‘‘(d) The Commandant may increase the (b) OFFICERS NOT ON ACTIVE DUTY PRO-
I, in fiscal year 2022, and Phase II, in fiscal authorized end strength of the Coast Guard MOTION LIST.—
year 2023, for the recapitalization of the bar- Selected Reserves by a number equal to not (1) IN GENERAL.—Chapter 51 of title 14,
racks at the United States Coast Guard more than 2 percent of such authorized end United States Code, is amended by adding at
Training Center Cape May in Cape May, New strength upon a determination by the Com- the end the following:
Jersey. mandant that such increase would enhance ‘‘§ 5113. Officers not on active duty promotion
(d) MITIGATION OF HAZARD RISKS.—In car- manning and readiness in essential units or list
rying out projects with funds authorized in critical specialties or ratings.’’.
under this section, the Coast Guard shall SEC. 202. CONTINUATION OF OFFICERS WITH ‘‘Not later than 60 days after the date on
mitigate, to the greatest extent practicable, CERTAIN CRITICAL SKILLS ON AC- which the President submits to Congress a
natural hazard risks identified in any Shore TIVE DUTY. budget pursuant to section 1105 of title 31,
Infrastructure Vulnerability Assessment for (a) IN GENERAL.—Chapter 21 of title 14, the Commandant shall submit to the Com-
Phase I related to such projects. United States Code, is amended by inserting mittee on Transportation and Infrastructure
after section 2165 the following: of the House of Representatives and the
(e) FORT WADSWORTH, NEW YORK.—Of the
‘‘§ 2166. Continuation on active duty; Coast Committee on Commerce, Science, and
amounts set aside under subsection (a), up to
Guard officers with certain critical skills Transportation of the Senate the number of
$1,200,000 shall be authorized to fund a con-
Coast Guard officers serving at other Federal
struction project to— ‘‘(a) IN GENERAL.—The Commandant may
entities on a reimbursable basis but not on
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(1) complete repairs to the United States authorize an officer in a grade above grade
the active duty promotion list.’’.
Coast Guard Station, New York, waterfront, O–2 to remain on active duty after the date
(2) CLERICAL AMENDMENT.—The analysis for
including repairs to the concrete pier; and otherwise provided for the retirement of
chapter 51 of title 14, United States Code, is
(2) replace floating piers Alpha and Bravo, such officer in section 2154 of this title, if the
amended by adding at the end the following:
the South Breakwater and Ice Screen, the officer possesses a critical skill, or specialty,
North Breakwater and Ice Screen, and the or is in a career field designated pursuant to ‘‘5113. Officers not on active duty promotion
seawall. subsection (b). list.’’.
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H6520 CONGRESSIONAL RECORD — HOUSE July 14, 2022
SEC. 204. COAST GUARD BEHAVIORAL HEALTH (3) create and model a full ship digital twin Science, and Transportation of the Senate on
POLICY. for the cutters selected under paragraph (1); the evaluation of the data derived from the
(a) INTERIM BEHAVIORAL HEALTH POLICY.— (4) install or modify instrumentation capa- project.
Not later than 60 days after the date of en- ble of producing full hull, mechanical, and SEC. 208. BUDGETING OF COAST GUARD RELAT-
actment of this Act, the Commandant of the electrical data necessary to analyze cutter ING TO CERTAIN OPERATIONS.
Coast Guard shall establish an interim be- operational conditions with active mainte- (a) IN GENERAL.—Chapter 51 of title 14,
havioral health policy for members of the nance alerts; and United States Code, is further amended by
Coast Guard equivalent to the policy de- (5) deploy artificial intelligence, prog- adding at the end the following:
scribed in section 5.28 (relating to behavioral nostic-based integrated maintenance plan- ‘‘§ 5114. Expenses of performing and exe-
health) of Department of Defense Instruction ning modeled after standards described in cuting defense readiness mission activities
6130.03, volume 2, ‘‘Medical Standards for paragraph (2).
Military Service: Retention’’. ‘‘The Commandant of the Coast Guard
(c) REPORT TO CONGRESS.—The Com- shall include in the annual budget submis-
(b) TERMINATION.—The interim policy es-
tablished under subsection (a) shall remain mandant shall submit to the Committee on sion of the President under section 1105(a) of
in effect until the date on which the Com- Commerce, Science, and Transportation of title 31, a dedicated budget line item that
mandant issues a permanent behavior health the Senate and the Committee on Transpor- adequately represents a calculation of the
policy for members of the Coast Guard which tation and Infrastructure of the House of annual costs and expenditures of performing
is, to the extent practicable, equivalent to Representatives— and executing all defense readiness mission
such section 5.28. (1) an interim report not later than 6 activities, including—
SEC. 205.IMPROVING REPRESENTATION OF months after the date of enactment of this ‘‘(1) all expenses related to the Coast
WOMEN AND OF RACIAL AND ETH- Act on the progress in carrying out the pilot Guard’s coordination, training, and execu-
NIC MINORITIES AMONG COAST project described in subsection (a); and tion of defense readiness mission activities
GUARD ACTIVE-DUTY MEMBERS. (2) a final report not later than 2 years in the Coast Guard’s capacity as an Armed
(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act on Force (as such term is defined in section 101
after the date of enactment of this Act, the the results of the pilot project described in of title 10) in support of Department of De-
Commandant of the Coast Guard shall— subsection (a) that includes— fense national security operations and ac-
(1) determine which recommendations in (A) options to integrate commercially de- tivities or for any other military department
the RAND representation report can prac- veloped condition-based program standards or defense agency (as such terms are defined
ticably be implemented to promote improved for cutter maintenance to Coast Guard cut- in such section);
representation in the Coast Guard of— ters; and ‘‘(2) costs associated with Coast Guard de-
(A) women; and (B) plans to deploy commercially devel- tachments assigned in support of the Coast
(B) racial and ethnic minorities; and oped condition-based program standards for Guard’s defense readiness mission; and
(2) submit to the Committee on Transpor- cutter maintenance to Coast Guard cutters. ‘‘(3) any other expenses, costs, or matters
tation and Infrastructure of the House of SEC. 207. UNMANNED SYSTEMS STRATEGY. the Commandant determines appropriate or
Representatives and the Committee on Com- (a) SUBMISSION TO CONGRESS.—Not later otherwise of interest to Congress.’’.
merce, Science, and Transportation of the than 180 days after the date of enactment of (b) CLERICAL AMENDMENT.—The analysis
Senate a report on the actions the Com- this Act, the Commandant of the Coast for chapter 51 of title 14, United States Code,
mandant has taken, or plans to take, to im- Guard shall submit to the Committee on is further amended by adding at the end the
plement such recommendations. Transportation and Infrastructure of the following:
(b) CURRICULUM AND TRAINING.—The Com- House of Representatives and the Committee ‘‘5114. Expenses of performing and executing
mandant shall update, to reflect actions de-
on Commerce, Science, and Transportation defense readiness mission ac-
scribed under subsection (a)(2), the cur-
of the Senate a detailed description of the tivities.’’.
riculum and training materials used at—
strategy of the Coast Guard to implement SEC. 209. REPORT ON SAN DIEGO MARITIME DO-
(1) officer accession points, including the
unmanned systems across mission areas, in- MAIN AWARENESS.
Coast Guard Academy and the Leadership
cluding— Not later than 180 days after the date of
Development Center;
(1) the steps taken to implement actions enactment of this Act, the Commandant of
(2) enlisted member accession at the
recommended in the consensus study report the Coast Guard shall submit to the Com-
United States Coast Guard Training Center
of the National Academies of Sciences, Engi- mittee on Transportation and Infrastructure
Cape May in Cape May, New Jersey; and
neering, and Medicine published on Novem- of the House of Representatives and the
(3) the officer, enlisted member, and civil-
ber 12, 2020, titled ‘‘Leveraging Unmanned Committee on Commerce, Science, and
ian leadership courses managed by the Lead-
Systems for Coast Guard Missions: A Stra- Transportation of the Senate a report con-
ership Development Center.
(c) DEFINITION.—In this section, the term tegic Imperative’’; taining—
‘‘RAND representation report’’ means the re- (2) the strategic goals and acquisition (1) an overview of the maritime domain
port titled ‘‘Improving the Representation of strategies for proposed uses and procure- awareness in the area of responsibility of the
Women and Racial/Ethnic Minorities Among ments of unmanned systems; Coast Guard sector responsible for San
U.S. Coast Guard Active-Duty Members’’ (3) a strategy to sustain competition and Diego, California, including—
issued by the Homeland Security Oper- innovation for procurement of unmanned (A) the average volume of known maritime
ational Analysis Center of the RAND Cor- systems and services for the Coast Guard, in- traffic that transited the area during fiscal
poration on August 11, 2021. cluding defining opportunities for new and years 2020 through 2022;
Subtitle B—Operational Matters existing technologies; and (B) current sensor platforms deployed by
(4) an estimate of the timeline, costs, staff such sector to monitor illicit activity occur-
SEC. 206.
PILOT PROJECT FOR ENHANCING
resources, technology, or other resources ring at sea in such area;
COAST GUARD CUTTER READINESS
THROUGH CONDITION-BASED MAIN- necessary to accomplish the strategy. (C) the number of illicit activity incidents
TENANCE. (b) PILOT PROJECT.— at sea in such area that the sector responded
(a) IN GENERAL.—Not later than 2 years (1) AUTONOMOUS CONTROL AND COMPUTER VI- to during fiscal years 2020 through 2022;
after the date of enactment of this Act, the SION TECHNOLOGY.—The Commandant of the (D) an estimate of the volume of traffic en-
Commandant of the Coast Guard shall con- Coast Guard, acting through the Blue Tech- gaged in illicit activity at sea in such area
duct a pilot project to enhance cutter readi- nology Center of Expertise, shall conduct a and the type and description of any vessels
ness and reduce lost patrol days through the pilot project to retrofit an existing Coast used to carry out illicit activities that such
deployment of commercially developed con- Guard small boat with— sector responded to during fiscal years 2020
dition-based program standards for cutter (A) commercially available autonomous through 2022; and
maintenance, in accordance with the criteria control and computer vision technology; and (E) the maritime domain awareness re-
set forth in subsection (b). (B) such sensors and methods of commu- quirements to effectively meet the mission
(b) CRITERIA FOR CONDITION-BASED MAINTE- nication as are necessary to demonstrate the of such sector;
NANCE EVALUATION.—In conducting the pilot ability of such control and technology to as- (2) a description of current actions taken
project under subsection (a), the Com- sist in conducting search and rescue, surveil- by the Coast Guard to partner with Federal,
mandant shall— lance, and interdiction missions. regional, State, and local entities to meet
(1) select at least 1 legacy cutter asset and (2) COLLECTION OF DATA.—The pilot project the maritime domain awareness needs of
1 class of cutters under construction with re- under paragraph (1) shall evaluate commer- such area;
spect to which the application of the pilot cially available products in the field and col- (3) a description of any gaps in maritime
project would enhance readiness; lect operational data to inform future re- domain awareness within the area of respon-
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(2) use commercially developed condition- quirements. sibility of such sector resulting from an in-
based program standards similar to those ap- (3) BRIEFING.—Not later than 6 months ability to meet the enduring maritime do-
plicable to privately owned and operated ves- after completing the pilot project required main awareness requirements of the sector
sels or vessels owned or operated by other under paragraph (1), the Commandant shall or adequately respond to maritime disorder;
Federal agencies (such as those currently op- brief the Committee on Transportation and (4) an identification of current technology
erating under the direction of Military Sea- Infrastructure of the House of Representa- and assets the Coast Guard has to mitigate
lift Command); tives and the Committee on commerce, the gaps identified in paragraph (3);
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6521
(5) an identification of capabilities needed (D) Any proposed modifications to current ‘‘(b) REPORT.—Not later than 90 days after
to mitigate such gaps, including any capa- Coast Guard standards for icebreaking oper- the date of enactment of this subsection, the
bilities the Coast Guard currently possesses ations in the Great Lakes. Commandant shall submit to the Committee
that can be deployed to the sector; (4) PILOT PROGRAM.—During the 5 ice sea- on Commerce, Science, and Transportation
(6) an identification of technology and as- sons following the date of enactment of this of the Senate and the Committee on Trans-
sets the Coast Guard does not currently pos- Act, the Coast Guard shall conduct a pilot portation and Infrastructure of the House of
sess and are needed to acquire in order to ad- program to determine the extent to which Representatives a report on the operational
dress such gaps; and the current Coast Guard Great Lakes benefits and limitations of a common hull
(7) an identification of any financial obsta- icebreaking cutter fleet can meet the pro- design for icebreaking cutters for operation
cles that prevent the Coast Guard from de- posed standards described in paragraph (2).
in the Great Lakes, the Northeastern United
ploying existing commercially available sen- (b) DATA ON ICEBREAKING OPERATIONS IN
THE GREAT LAKES.—
States, and the Arctic, as appropriate, that
sor technology to address such gaps.
(1) IN GENERAL.—The Commandant shall are at least as capable as the Coast Guard
SEC. 210. GREAT LAKES WINTER SHIPPING.
collect, during ice season, archive, and dis- 140-foot icebreaking tugs.’’.
(a) GREAT LAKES ICEBREAKING OPER-
ATIONS.— seminate data on icebreaking operations and (d) DEFINITIONS.—In this section:
(1) GOVERNMENT ACCOUNTABILITY OFFICE RE- transits on ice-covered waterways in the (1) COMMERCIAL SERVICE.—The term ‘‘com-
PORT.— Great Lakes of vessels engaged in commer- mercial service’’ has the meaning given such
(A) IN GENERAL.—Not later than 1 year cial service and ferries. term in section 2101 of title 46, United States
after the date of enactment of this Act, the (2) ELEMENTS.—Data collected, archived, Code.
Comptroller General of the United States and disseminated under paragraph (1) shall (2) GREAT LAKES.—The term ‘‘Great
shall submit to the Committee on Com- include the following: Lakes’’—
merce, Science, and Transportation of the (A) Voyages by vessels engaged in commer- (A) has the meaning given such term in
Senate and the Committee on Transpor- cial service and ferries to transit ice-covered section 118 of the Federal Water Pollution
tation and Infrastructure of the House of waterways in the Great Lakes that are de- Control Act (33 U.S.C. 1268); and
Representatives a report on Coast Guard layed or canceled because of the nonavail- (B) includes harbors adjacent to such
icebreaking in the Great Lakes. ability of a suitable icebreaking vessel. waters.
(B) ELEMENTS.—The report required under (B) Voyages attempted by vessels engaged (3) ICE-COVERED WATERWAY.—The term
subparagraph (A) shall— in commercial service and ferries to transit ‘‘ice-covered waterway’’ means any portion
(i) evaluate— ice-covered waterways in the Great Lakes of the Great Lakes in which vessels engaged
(I) the economic impact related to vessel that do not reach their intended destination in commercial service or ferries operate that
delays or cancellations associated with ice because of the nonavailability of a suitable is 70 percent or greater covered by ice, but
coverage on the Great Lakes; icebreaking vessel. does not include any waters adjacent to piers
(II) the impact the standards proposed in (C) The period of time that each vessel en- or docks for which commercial icebreaking
paragraph (2) would have on Coast Guard op- gaged in commercial service or ferry was de- services are available and adequate for the
erations in the Great Lakes if such standards layed in getting underway or during a tran- ice conditions.
were adopted; sit of ice-covered waterways in the Great (4) OPEN TO NAVIGATION.—The term ‘‘open
(III) the fleet mix of medium icebreakers Lakes due to the nonavailability of a suit- to navigation’’ means navigable to the ex-
and icebreaking tugs necessary to meet the able icebreaking vessel. tent necessary to—
standards proposed in paragraph (2); and (D) The period of time elapsed between (A) meet the reasonable demands of ship-
(IV) the resources necessary to support the each request for icebreaking assistance by a ping;
fleet described in subclause (III), including vessel engaged in commercial service or (B) minimize delays to passenger ferries;
billets for crew and operating costs; and ferry and the arrival of a suitable (C) extricate vessels and persons from dan-
(ii) make recommendations to the Com- icebreaking vessel and whether such ger;
mandant for improvements to the Great icebreaking vessel was a Coast Guard or (D) prevent damage due to flooding; and
Lakes icebreaking program, including with commercial asset. (E) conduct other Coast Guard missions, as
respect to facilitating shipping and meeting (E) The percentage of hours that Great required.
all Coast Guard mission needs. Lakes ice-covered waterways were open to (5) REASONABLE DEMANDS OF SHIPPING.—The
(2) PROPOSED STANDARDS FOR ICEBREAKING navigation while vessels engaged in commer- term ‘‘reasonable demands of shipping’’
OPERATIONS.—The proposed standards, the cial service and ferries attempted to transit means the safe movement of vessels engaged
impact of the adoption of which is evaluated such waterways for each ice season after the in commercial service and ferries transiting
in subclauses (II) and (III) of paragraph date of enactment of this Act. ice-covered waterways in the Great Lakes to
(1)(B)(i), are the following: (F) Relevant communications of each ves- their intended destination, regardless of type
(A) Except as provided in subparagraph (B), sel engaged in commercial service or ferry of cargo.
the ice-covered waterways in the Great with the Coast Guard or commercial
Lakes shall be open to navigation not less icebreaking service providers with respect to SEC. 211. CENTER OF EXPERTISE FOR GREAT
than 90 percent of the hours that vessels en- subparagraphs (A) through (D). LAKES OIL SPILL SEARCH AND RE-
gaged in commercial service and ferries at- (G) A description of any mitigating cir- SPONSE.
tempt to transit such ice-covered waterways. cumstance, such as Coast Guard Great Lakes Section 807(d) of the Frank LoBiondo Coast
(B) In a year in which the Great Lakes are icebreaker diversions to higher priority mis- Guard Authorization Act of 2018 (14 U.S.C.
not open to navigation, as described in sub- sions, that may have contributed to the 313 note) is amended to read as follows:
paragraph (A), because of ice of a thickness amount of time described in subparagraphs
that occurs on average only once every 10 (C) and (D) or the percentage of time de- ‘‘(d) DEFINITION.—In this section, the term
years, ice-covered waterways in the Great scribed in subparagraph (E). ‘Great Lakes’ means—
Lakes shall be open to navigation at least 70 (3) VOLUNTARY REPORTING.—Any reporting ‘‘(1) Lake Ontario;
percent of the hours that vessels engaged in by operators of commercial vessels engaged ‘‘(2) Lake Erie;
commercial service and ferries attempt to in commercial service or ferries under this ‘‘(3) Lake Huron (including Lake St. Clair);
transit such ice-covered waterways. section shall be voluntary. ‘‘(4) Lake Michigan;
(3) REPORT BY COMMANDANT.—Not later (4) PUBLIC AVAILABILITY.—The Com- ‘‘(5) Lake Superior; and
than 90 days after the date on which the mandant shall make the data collected, ‘‘(6) the connecting channels (including the
Comptroller General submits the report archived, and disseminated under this sub- following rivers and tributaries of such riv-
under paragraph (1), the Commandant shall section available to the public on a publicly ers: Saint Mary’s River, Saint Clair River,
submit to the Committee on Commerce, accessible internet website of the Coast Detroit River, Niagara River, Illinois River,
Science, and Transportation of the Senate Guard. Chicago River, Fox River, Grand River, St.
and the Committee on Transportation and (5) CONSULTATION WITH INDUSTRY.—With re- Joseph River, St. Louis River, Menominee
Infrastructure of the House of Representa- spect to the Great Lakes icebreaking oper- River, Muskegon River, Kalamazoo River,
tives a report that includes the following: ations of the Coast Guard and the develop- and Saint Lawrence River to the Canadian
(A) A plan for Coast Guard implementation ment of the data collected, archived, and dis- border).’’.
of any recommendation made by the Comp- seminated under this subsection, the Com- SEC. 212. STUDY ON LAYDOWN OF COAST GUARD
troller General under paragraph (1)(B)(ii) mandant shall consult operators of— CUTTERS.
with which the Commandant concurs. (A) vessels engaged in commercial service;
(B) With respect to any recommendation and Not later than 120 days after the date of
enactment of this Act, the Secretary of
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made under paragraph (1)(B)(ii) with which (B) ferries.
the Commandant does not concur, an expla- (c) REPORT ON COMMON HULL DESIGN.—Sec- Homeland Security, in consultation with the
nation of the reasons why the Commandant tion 8105 of the William M. (Mac) Thornberry Secretary of Transportation, shall conduct a
does not concur. National Defense Authorization Act for Fis- study on the laydown of Coast Guard Fast
(C) A review of, and a proposed implemen- cal Year 2021 (Public Law 116–283) is amended Response Cutters to assess Coast Guard mis-
tation plan for, the results of the fleet mix by striking subsection (b) and inserting the sion readiness and to identify areas of need
analysis under paragraph (1)(B)(i)(III). following: for asset coverage.
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H6522 CONGRESSIONAL RECORD — HOUSE July 14, 2022
Subtitle C—Other Matters eral Services Administration may transfer (A) counter improvised explosive devices;
SEC. 213. RESPONSES OF COMMANDANT OF THE ownership of a Coast Guard vessel or aircraft (B) counter unexploded ordnance;
COAST GUARD TO SAFETY REC- to an eligible entity for use for educational, (C) combat weapons of destruction;
OMMENDATIONS. cultural, historical, charitable, recreational, (D) provide service in support of the Presi-
(a) IN GENERAL.—Chapter 7 of title 14, or other public purposes if such transfer is dent; and
United States Code, is amended by adding at authorized by law.’’; and (E) support national security special
the end the following: (2) in subsection (b)— events.
‘‘§ 721. Responses to safety recommendations (A) in paragraph (1)— (6) The career progression of Coast Guards-
‘‘(a) IN GENERAL.—Not later than 90 days (i) by inserting ‘‘as if such a request were man participating in the Program from—
after the submission to the Commandant of being processed’’ after ‘‘vessels’’; and (A) Seaman Recruit to Command Master
the Coast Guard of a recommendation by the (ii) by inserting ‘‘, as in effect on the date Chief Petty Officer;
National Transportation Safety Board relat- of enactment of the Don Young Coast Guard (B) Chief Warrant Officer 2 to that of Chief
ing to transportation safety, the Com- Authorization Act of 2022’’ after ‘‘Code of Warrant Officer 4; and
mandant shall submit to the Board a written Federal Regulations’’; and (C) Ensign to that of Rear Admiral.
response to each recommendation, which (B) in paragraph (2) by inserting ‘‘, as in ef- (7) Initial and annual budget justification
shall include whether the Commandant— fect on the date of enactment of the Don estimates on a single program element of the
‘‘(1) concurs with the recommendation; Young Coast Guard Authorization Act of Program for—
‘‘(2) partially concurs with the rec- 2022’’ after ‘‘such title’’. (A) civilian and military pay with details
ommendation; or SEC. 215. ACQUISITION LIFE-CYCLE COST ESTI- on military pay, including special and incen-
MATES. tive pays such as—
‘‘(3) does not concur with the recommenda-
Section 1132(e) of title 14, United States (i) officer responsibility pay;
tion.
Code, is amended by striking paragraphs (2) (ii) officer SCUBA diving duty pay;
‘‘(b) EXPLANATION OF CONCURRENCE.—A re-
and (3) and inserting the following: (iii) officer demolition hazardous duty pay;
sponse under subsection (a) shall include—
‘‘(2) TYPES OF ESTIMATES.—For each Level (iv) enlisted SCUBA diving duty pay;
‘‘(1) with respect to a recommendation to
1 or Level 2 acquisition project or program, (v) enlisted demolition hazardous duty pay;
which the Commandant concurs, an expla-
in addition to life-cycle cost estimates devel- (vi) enlisted special duty assignment pay
nation of the actions the Commandant in-
oped under paragraph (1), the Commandant at level special duty-5;
tends to take to implement such rec-
shall require that— (vii) enlisted assignment incentive pays;
ommendation;
‘‘(A) such life-cycle cost estimates be up- (viii) enlistment and reenlistment bonuses;
‘‘(2) with respect to a recommendation to
dated before— (ix) officer and enlisted full civilian cloth-
which the Commandant partially concurs, an
‘‘(i) each milestone decision is concluded; ing allowances;
explanation of the actions the Commandant
and (x) an exception to the policy allowing a
intends to take to implement the portion of
‘‘(ii) the project or program enters a new third hazardous duty pay for explosive ord-
such recommendation with which the Com-
acquisition phase; and nance disposal-qualified officers and en-
mandant partially concurs; and
‘‘(B) an independent cost estimate or inde- listed; and
‘‘(3) with respect to a recommendation to
pendent cost assessment, as appropriate, be (xi) parachutist hazardous duty pay;
which the Commandant does not concur, the
developed to validate such life-cycle cost es- (B) research, development, test, and eval-
reasons why the Commandant does not con-
timates developed under paragraph (1).’’. uation;
cur with such recommendation.
SEC. 216. NATIONAL COAST GUARD MUSEUM (C) procurement;
‘‘(c) FAILURE TO RESPOND.—If the Board
FUNDING PLAN. (D) other transaction agreements;
has not received the written response re-
Section 316(c)(4) of title 14, United States (E) operations and support; and
quired under subsection (a) by the end of the
Code, is amended by striking ‘‘the Inspector (F) overseas contingency operations.
time period described in such subsection, the
General of the department in which the SEC. 218. PRIBILOF ISLAND TRANSITION COM-
Board shall notify the Committee on Trans-
Coast Guard is operating’’ and inserting ‘‘a PLETION ACTIONS.
portation and Infrastructure of the House of
third party entity qualified to undertake (a) EXTENSIONS.—Section 524 of the Pribilof
Representatives and the Committee on Com- such a certification process’’.
merce, Science, and Transportation of the Island Transition Completion Act of 2016
SEC. 217. REPORT ON COAST GUARD EXPLOSIVE (Public Law 114–120) is amended—
Senate that such response has not been re- ORDNANCE DISPOSAL.
ceived.’’. (1) in subsection (b)(5) by striking ‘‘5
(a) IN GENERAL.—Not later than 1 year years’’ and inserting ‘‘6 years’’; and
(b) CLERICAL AMENDMENT.—The analysis after the date of enactment of this Act, the
for chapter 7 of title 14, United States Code, (2) in subsection (c)(3) by striking ‘‘60
Commandant of the Coast Guard shall sub- days’’ and inserting ‘‘120 days’’.
is amended by inserting after the item relat- mit to the Committee on Transportation and
ing to section 720 the following: (b) ACTUAL USE AND OCCUPANCY REPORTS.—
Infrastructure of the House of Representa- Not later than 90 days after enactment of
‘‘721. Responses to safety recommenda- tives and the Committee on Commerce, this Act, and quarterly thereafter, the Sec-
tions.’’. Science, and Transportation of the Senate a retary of the department in which the Coast
SEC. 214. CONVEYANCE OF COAST GUARD VES- report on the viability of establishing an ex- Guard is operating shall submit to the Com-
SELS FOR PUBLIC PURPOSES. plosive ordnance disposal program (herein- mittee on Transportation and Infrastructure
(a) REDESIGNATION AND TRANSFER.— after referred to as the ‘‘Program’’) in the of the House of Representatives and the
(1) IN GENERAL.—Section 914 of the Coast Coast Guard. Committee on Commerce, Science, and
Guard Authorization Act of 2010 (Public Law (b) CONTENTS.—The report required under Transportation of the Senate a report de-
111–281) is transferred to chapter 5 of title 14, subsection (a) shall contain, at a minimum, scribing—
United States Code, inserted after section an explanation of the following with respect (1) the degree to which Coast Guard per-
508, redesignated as section 509, and amended to such a Program: sonnel and equipment are deployed to St.
so that the enumerator, section heading, (1) Where within the organizational struc- Paul Island, Alaska, in actual occupancy of
typeface, and typestyle conform to those ap- ture of the Coast Guard the Program would the facilities, as required under section 524 of
pearing in other sections in title 46, United be located, including a discussion of whether the Pribilof Island Transition Completion
States Code. the Program should reside in— Act of 2016 (Public Law 114–120); and
(2) CLERICAL AMENDMENTS.— (A) Maritime Safety and Security Teams; (2) the status of the activities described in
(A) COAST GUARD AUTHORIZATION ACT OF (B) Maritime Security Response Teams; subsections (c) and (d) until such activities
2010.—The table of contents in section 1(b) of (C) a combination of the teams described have been completed.
the Coast Guard Authorization Act of 2010 under subparagraphs (A) and (B); or (c) AIRCRAFT HANGER.—The Secretary
(Public Law 111–281) is amended by striking (D) elsewhere within the Coast Guard. may—
the item relating to section 914. (3) The vehicles and dive craft that are (1) enter into a lease for a hangar to house
(B) TITLE 46.—The analysis for chapter 5 of Coast Guard airframe and vessel transport- deployed Coast Guard aircraft if such hanger
title 14, United States Code, is amended by able that would be required for the transpor- was previously under lease by the Coast
inserting after the item relating to section tation of explosive ordnance disposal ele- Guard for purposes of housing such aircraft;
508 the following: ments. and
‘‘509. Conveyance of Coast Guard vessels for (4) The Coast Guard stations at which— (2) may enter into an agreement with the
public purposes.’’. (A) portable explosives storage magazines lessor of such a hanger in which the Sec-
(b) CONVEYANCE OF COAST GUARD VESSELS would be available for explosive ordnance retary may carry out repairs necessary to
FOR PUBLIC PURPOSES.—Section 509 of title disposal elements; and support the deployment of such aircraft and
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14, United States Code (as transferred and re- (B) explosive ordnance disposal elements the cost such repairs may be offset under the
designated under subsection (a)), is amend- equipment would be pre-positioned. terms of the lease.
ed— (5) How the Program would support other (d) FUEL TANK.—
(1) by amending subsection (a) to read as elements within the Department of Home- (1) DETERMINATION.—Not later than 30 days
follows: land Security, the Department of Justice, after the date of enactment of this Act, the
‘‘(a) IN GENERAL.—At the request of the and in wartime, the Department of Defense Secretary shall determine whether the fuel
Commandant, the Administrator of the Gen- to— tank located on St. Paul Island, Alaska, that
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6523
is owned by the Coast Guard is needed for have operated as oceanographic research ves- the logbook of the vessel before getting un-
Coast Guard operations. sels (as such term is defined in section 2101 of derway and periodically while underway;
(2) TRANSFER.—Subject to paragraph (3), if title 46, United States Code) during each of (B) proceed to the nearest harbor or safe
the Secretary determines such tank is not the past 10 fiscal years. refuge in any case in which a watch or warn-
needed for operations, the Secretary shall, (2) The total number of United States- ing is issued for wind speeds exceeding the
not later than 90 days after making such de- flagged vessels known or estimated to oper- wind speed equivalent used to certify the
termination, transfer such tank to the Alas- ate or to have operated as oceanographic re- stability of such DUKW-type amphibious
ka Native Village Corporation for St. Paul search vessels (as such term is defined sec- passenger vessel; and
Island, Alaska. tion 2101 of title 46, United States Code) dur- (C) maintain and monitor a weather mon-
(3) FAIR MARKET VALUE EXCEPTION.—The ing each of the past 10 fiscal years. itor radio receiver at the operator station of
Secretary may only carry out a transfer SEC. 303. ATLANTIC COAST PORT ACCESS the vessel that is automatically activated by
under paragraph (2) if the fair market value ROUTES BRIEFING. the warning alarm device of the National
of such tank is less than the aggregate value Not later than 30 days after the date of en- Weather Service.
of any lease payments for the property on actment of this Act, and every 30 days there- (3) A requirement that—
which the tank is located that the Coast after until the requirements of section 70003 (A) operators of DUKW-type amphibious
Guard would have paid to the Alaska Native of title 46, United States Code, are fully exe- passenger vessels inform passengers that
Village Corporation for St. Paul Island, Alas- cuted with respect to the Atlantic Coast seat belts may not be worn during water-
ka, had such lease been extended at the same Port Access Route, the Secretary of the de- borne operations;
rate. partment in which the Coast Guard is oper- (B) before the commencement of water-
(e) SAVINGS CLAUSE.—Nothing in this sec- ating shall brief the Committee on Transpor- borne operations, a crew member shall vis-
tion shall be construed to limit any rights of tation and Infrastructure of the House of ually check that the seatbelt of each pas-
the Alaska Native Village Corporation for Representatives and the Committee on Com- senger is unbuckled; and
St. Paul to receive conveyance of all or part merce, Science, and Transportation of the (C) operators or crew maintain a log re-
of the lands and improvements related to Senate on any progress made to execute such cording the actions described in subpara-
Tract 43 under the same terms and condi- requirements. graphs (A) and (B).
tions as prescribed in section 524 of the (4) A requirement for annual training for
Subtitle B—Vessel Safety
Pribilof Island Transition Completion Act of operators and crew of DUKW-type amphib-
SEC. 304. FISHING VESSEL SAFETY. ious passengers vessels, including—
2016 (Public Law 114–120).
(a) IN GENERAL.—Chapter 45 of title 46, (A) training for personal flotation and seat
SEC. 219. NOTIFICATION OF COMMUNICATION
OUTAGES. United States Code, is amended— belt requirements, verifying the integrity of
Not later than 180 days after the date of (1) in section 4502(f)(2) by striking ‘‘certain the vessel at the onset of each waterborne
enactment of this Act, the Commandant of vessels described in subsection (b) if re- departure, identification of weather hazards,
the Coast Guard shall submit to the Com- quested by the owner or operator; and’’ and and use of National Weather Service re-
mittee on Transportation and Infrastructure inserting ‘‘vessels described in subsection (b) sources prior to operation; and
of the House of Representatives and the if— (B) training for crew to respond to emer-
Committee on Commerce, Science, and ‘‘(A) requested by an owner or operator; or gency situations, including flooding, engine
Transportation of the Senate a report that— ‘‘(B) the vessel is— compartment fires, man-overboard situa-
(1) contains a plan for the Coast Guard to ‘‘(i) at least 50 feet overall in length; tions, and in water emergency egress proce-
notify mariners of radio outages for towers ‘‘(ii) built before July 1, 2013; and dures.
owned and operated by the Coast Guard in ‘‘(iii) 25 years of age or older; and’’; (d) CONSIDERATION.—In issuing the regula-
District 17; (2) in section 4503(b) by striking ‘‘Except as tions required under subsection (a), the Com-
(2) address in such plan how the Coast provided in section 4503a, subsection (a)’’ and mandant shall consider whether personal flo-
Guard in District 17 will— inserting ‘‘Subsection (a)’’; and tation devices should be required for the du-
(A) disseminate outage updates regarding (3) by repealing section 4503a. ration of the waterborne transit of a DUKW-
(b) ALTERNATIVE SAFETY COMPLIANCE type amphibious passenger vessel.
outages on social media at least every 48
AGREEMENTS.—Nothing in this section or the (e) INTERIM REQUIREMENTS.—Beginning on
hours;
amendments made by this section shall be the date on which the regulations under sub-
(B) provide updates on a publicly acces-
construed to affect or apply to any alter- section (a) are issued, the Commandant shall
sible website at least every 48 hours;
native compliance and safety agreement en- require that operators of DUKW-type am-
(C) develop methods for notifying mariners
tered into by the Coast Guard that is in ef- phibious passenger vessels that are not in
where cellular connectivity does not exist;
fect on the date of enactment of this Act. compliance with such regulations shall be
(D) generate receipt confirmation and ac- subject to the following requirements:
(c) CONFORMING AMENDMENTS.—The table
knowledgment of outages from mariners; and (1) Remove the canopies and any window
of sections in chapter 45 of title 46, United
(E) develop and advertise a web-based com- coverings of such vessels for waterborne op-
States Code, is amended by striking the item
munications update hub on AM/FM radio for erations, or install in such vessels a canopy
relating to section 4503a.
mariners; and that does not restrict horizontal or vertical
SEC. 305. REQUIREMENTS FOR DUKW-TYPE AM-
(3) identifies technology gaps necessary to escape by passengers in the event of flooding
PHIBIOUS PASSENGER VESSELS.
implement the plan and provide a budgetary or sinking.
(a) REGULATIONS REQUIRED.—Not later
assessment necessary to implement the plan. (2) If a canopy and window coverings are
than 1 year after the date of enactment of
TITLE III—MARITIME this Act, the Commandant of the Coast removed from any such vessel pursuant to
Subtitle A—Shipping Guard shall issue regulations for DUKW-type paragraph (1), require that all passengers
SEC. 301. NONOPERATING INDIVIDUAL. amphibious passenger vessels operating in wear a personal flotation device approved by
Section 8313(b) of the William M. (Mac) waters subject to the jurisdiction of the the Coast Guard before the onset of water-
Thornberry National Defense Authorization United States, as defined in section 2.38 of borne operations of such vessel.
Act for Fiscal Year 2021 (Public Law 116–283) title 33, Code of Federal Regulations (as in (3) Reengineer such vessels to permanently
is amended by striking ‘‘the date that is 2 effect on the date of enactment of this Act). close all unnecessary access plugs and reduce
years after the date of the enactment of this (b) DEADLINE FOR COMPLIANCE.—The regu- all through-hull penetrations to the min-
Act’’ and inserting ‘‘January 1, 2025’’. lations issued under subsection (a) shall take imum number and size necessary for oper-
SEC. 302. OCEANOGRAPHIC RESEARCH VESSELS. effect not later than 24 months after the date ation.
(a) REPORT REQUIRED.—Not later than 180 of enactment of this Act. (4) Install in such vessels independently
days after the date of enactment of this Act, (c) REQUIREMENTS.—The regulations re- powered electric bilge pumps that are capa-
the Secretary of Transportation, in consulta- quired under subsection (a) shall include the ble of dewatering such vessels at the volume
tion with the Secretary of the department in following: of the largest remaining penetration in order
which the Coast Guard is operating, shall (1) A requirement that operators of DUKW- to supplement an operable Higgins pump or a
submit to the Committee on Transportation type amphibious passenger vessels provide dewatering pump of equivalent or greater ca-
and Infrastructure of the House of Rep- reserve buoyancy for such vessels through pacity.
resentatives and the Committee on Com- passive means, including watertight (5) Install in such vessels not fewer than 4
merce, Science, and Transportation of the compartmentalization, built-in flotation, or independently powered bilge alarms.
Senate a report detailing the total number of such other means as determined appropriate (6) Conduct an in-water inspection of any
vessels known or estimated to operate or to by the Commandant, in order to ensure that such vessel after each time a through-hull
have operated under section 50503 of title 46, such vessels remain afloat and upright in the penetration of such vessel has been removed
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United States Code, during each of the past event of flooding, including when carrying a or uncovered.
10 fiscal years. full complement of passengers and crew. (7) Verify through an in-water inspection
(b) CONTENTS.—The report required by sub- (2) A requirement that an operator of a the watertight integrity of any such vessel
section (a) shall include the following ele- DUKW-type amphibious passenger vessel— at the outset of each waterborne departure
ments: (A) review and notate the forecast of the of such vessel.
(1) The total number of foreign-flagged ves- National Weather Service of the National (8) Install underwater LED lights that ac-
sels known or estimated to operate or to Oceanic and Atmospheric Administration in tivate automatically in an emergency.
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H6524 CONGRESSIONAL RECORD — HOUSE July 14, 2022
(9) Otherwise comply with any other provi- (3) in section 30524(b), as redesignated by (1) in paragraph (2)—
sions of relevant Coast Guard guidance or in- subsection (a), by striking ‘‘section 30505’’ (A) by striking ‘‘one year’’ and inserting ‘‘2
structions in the inspection, configuration, and inserting ‘‘section 30523’’; and years’’; and
and operation of such vessels. (4) in section 30525, as redesignated by sub- (B) by striking ‘‘2 terms’’ and inserting ‘‘3
SEC. 306. EXONERATION AND LIMITATION OF LI- section (a)— terms’’; and
ABILITY FOR SMALL PASSENGERS (A) in the matter preceding paragraph (1), (2) in paragraph (3)—
VESSELS. by striking ‘‘sections 30505 and 30506’’ and in- (A) by striking ‘‘of the individual being
(a) RESTRUCTURING.—Chapter 305 of title 46, serting ‘‘sections 30523 and 30524’’; succeeded’’ and inserting ‘‘to which such in-
United States Code, is amended— (B) in paragraph (1) by striking ‘‘section dividual is appointed’’;
(1) by inserting the following before sec- 30505’’ and inserting ‘‘section 30523’’; and (B) by striking ‘‘2 terms’’ and inserting ‘‘3
tion 30501 the following: (C) in paragraph (2) by striking ‘‘section terms’’; and
‘‘Subchapter I—General Provisions’’; 30506(b)’’ and inserting ‘‘section 30524(b)’’. (C) by striking ‘‘the predecessor of that’’
(2) by inserting the following before sec- SEC. 307. AUTOMATIC IDENTIFICATION SYSTEM and inserting ‘‘such’’.
tion 30503: REQUIREMENTS. TITLE V—MISCELLANEOUS
‘‘Subchapter II—Exoneration and Limitation (a) REQUIREMENT FOR FISHING VESSELS TO
HAVE AUTOMATIC IDENTIFICATION SYSTEMS.— Subtitle A—Navigation
of Liability’’; SEC. 501. RESTRICTION ON CHANGING SALVORS.
Section 70114(a)(1) of title 46, United States
and Code, is amended— Section 311(c)(3) of the Federal Water Pol-
(3) by redesignating sections 30503 through (1) by striking ‘‘, while operating on the lution Control Act (33 U.S.C. 1321(c)(3)) is
30512 as sections 30521 through 30530, respec- navigable waters of the United States,’’; amended by adding at the end the following:
tively. (2) by redesignating subparagraphs (A) ‘‘(C) An owner or operator may not change
(b) DEFINITIONS.—Section 30501 of title 46, through (D) as clauses (i) through (iv); salvors as part of a deviation under subpara-
United States Code, is amended to read as (3) by inserting before clauses (i) through graph (B) in cases in which the original sal-
follows: (iv), as redesignated by paragraph (2), the vor satisfies the Coast Guard requirements
‘‘§ 30501. Definitions following: in accordance with the National Contingency
‘‘In this chapter: ‘‘(A) While operating on the navigable Plan and the applicable response plan re-
‘‘(1) COVERED SMALL PASSENGER VESSEL.— waters of the United States:’’; and quired under subsection (j).
The term ‘covered small passenger vessel’— (4) by adding at the end the following: ‘‘(D) In any case in which the Coast Guard
‘‘(A) means a small passenger vessel, as de- ‘‘(B) A vessel of the United States that is authorizes a deviation from the salvor as
fined in section 2101 that is— more than 65 feet overall in length, while en- part of a deviation under subparagraph (B)
‘‘(i) not a wing-in-ground craft; and gaged in fishing, fish processing, or fish ten- from the applicable response plan required
‘‘(ii) carrying— dering operations on the navigable waters of under subsection (j), the Commandant shall
‘‘(I) not more than 49 passengers on an the United States or in the United States ex- submit to the Committee on Transportation
overnight domestic voyage; and clusive economic zone.’’. and Infrastructure of the House of Rep-
‘‘(II) not more than 150 passengers on any (b) AUTHORIZATION OF APPROPRIATIONS.— resentatives and the Committee on Com-
voyage that is not an overnight domestic There is authorized to be appropriated to the merce, Science, and Transportation of the
voyage; and Secretary of Commerce for fiscal year 2022, Senate a report describing the deviation and
‘‘(B) includes any wooden vessel con- $5,000,000, to remain available until ex- the reasons for such deviation.’’.
structed prior to March 11, 1996, carrying at pended, to purchase automatic identification SEC. 502. PROVIDING REQUIREMENTS FOR VES-
least 1 passenger for hire. systems for fishing vessels, fish processing SELS ANCHORED IN ESTABLISHED
‘‘(2) OWNER.—The term ‘owner’ includes a vessels, fish tender vessels more than 50 feet ANCHORAGE GROUNDS.
charterer that mans, supplies, and navigates in length, as described under this section and (a) IN GENERAL.—Section 70006 of title 46,
a vessel at the charterer’s own expense or by the amendments made by this section. United States Code, is amended to read as
the charterer’s own procurement.’’. Subtitle C—Shipbuilding Program follows:
(c) CLERICAL AMENDMENT.—The item relat- SEC. 308. QUALIFIED VESSEL. ‘‘§ 70006. Anchorage grounds
ing to section 30501 in the analysis for chap- (a) ELIGIBLE VESSEL.—Section 53501(2) of
ter 305 of title 46, United States Code, is ‘‘(a) ANCHORAGE GROUNDS.—
title 46, United States Code, is amended— ‘‘(1) ESTABLISHMENT.—The Secretary of the
amended to read as follows: (1) in subparagraph (A)(iii) by striking department in which the Coast Guard is op-
‘‘30501. Definitions.’’. ‘‘and’’ at the end; erating shall define and establish anchorage
(d) APPLICABILITY.—Section 30502 of title (2) in subparagraph (B)(v) by striking the grounds in the navigable waters of the
46, United States Code, is amended by insert- period at the end and inserting a semicolon; United States for vessels operating in such
ing ‘‘as to covered small passenger vessels, and waters.
and’’ before ‘‘as otherwise provided’’. (3) by adding at the end the following:
(e) PROVISIONS REQUIRING NOTICE OF CLAIM ‘‘(2) RELEVANT FACTORS FOR ESTABLISH-
‘‘(C) a ferry, as such term is defined in sec- MENT.—In carrying out paragraph (1), the
OR LIMITING TIME FOR BRINGING ACTION.—
tion 2101; and Secretary shall take into account all rel-
Section 30526 of title 46, United States Code,
‘‘(D) a passenger vessel or small passenger evant factors concerning navigational safe-
as redesignated by subsection (a), is amend-
vessel, as such terms are defined in section ty, protection of the marine environment,
ed—
2101, that has a passenger capacity of 50 pas- proximity to undersea pipelines and cables,
(1) in subsection (a), by inserting ‘‘and cov-
sengers or greater.’’. safe and efficient use of Marine Transpor-
ered small passenger vessels’’ after ‘‘sea- (b) QUALIFIED VESSEL.—Section 53501(5) of
going vessels’’; tation System, and national security.
title 46, United States Code, is amended— ‘‘(b) VESSEL REQUIREMENTS.—Vessels, of
(2) in subsection (b)(1), by striking ‘‘6 (1) in subparagraph (A)(iii) by striking
months’’ and inserting ‘‘2 years’’; and certain sizes or type determined by the Sec-
‘‘and’’ at the end; retary, shall—
(3) in subsection (b)(2), by striking ‘‘one (2) in subparagraph (B)(v) by striking the
year’’ and inserting ‘‘2 years’’. ‘‘(1) set and maintain an anchor alarm for
period at the end and inserting a semicolon; the duration of an anchorage;
(f) TABLES OF SUBCHAPTERS AND TABLES OF
and ‘‘(2) comply with any directions or orders
SECTIONS.—The table of sections for chapter
(3) by adding at the end the following: issued by the Captain of the Port; and
305 of title 46, United States Code, is amend-
‘‘(C) a ferry, as such term is defined in sec- ‘‘(3) comply with any applicable anchorage
ed—
tion 2101; and regulations.
(1) by inserting before section 30501 the fol-
‘‘(D) a passenger vessel or small passenger ‘‘(c) PROHIBITIONS.—A vessel may not—
lowing:
vessel, as such terms are defined in section ‘‘(1) anchor in any Federal navigation
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’; 2101, that has a passenger capacity of 50 pas- channel unless authorized or directed to by
(2) by inserting after section 30502 the fol- sengers or greater.’’. the Captain of the Port;
lowing: SEC. 309. ESTABLISHING A CAPITAL CONSTRUC- ‘‘(2) anchor in near proximity, within dis-
‘‘SUBCHAPTER II—EXONERATION AND TION FUND. tances determined by the Coast Guard, to an
LIMITATION OF LIABILITY’’; Section 53503(b) of title 46, United States undersea pipeline or cable, unless authorized
and Code, is amended by inserting ‘‘(including or directed to by the Captain of the Port;
(3) by redesignating the items relating to transportation on a ferry, passenger vessel, and
sections 30503 through 30512 as items relating or small passenger vessel, as such terms are ‘‘(3) anchor or remain anchored in an an-
to sections 30521 through 30530, respectively. defined in section 2101, that has a passenger chorage ground during any period in which
capacity of 50 passengers or greater)’’ after
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(g) CONFORMING AMENDMENTS.—Title 46, the Captain of the Port orders closure of the
United States Code, is further amended— ‘‘short sea transportation’’. anchorage ground due to inclement weather,
(1) in section 14305(a)(5), by striking ‘‘sec- TITLE IV—FEDERAL MARITIME navigational hazard, a threat to the environ-
tion 30506’’ and inserting ‘‘section 30524’’; COMMISSION ment, or other safety or security concern.
(2) in section 30523(a), as redesignated by SEC. 401. TERMS AND VACANCIES. ‘‘(d) SAFETY EXCEPTION.—Nothing in this
subsection (a), by striking ‘‘section 30506’’ Section 46101(b) of title 46, United States section shall be construed to prevent a vessel
and inserting ‘‘section 30524’’; Code, is amended by— from taking actions necessary to maintain
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6525
the safety of the vessel or to prevent the loss (1) in subsection (e) by adding at the end ‘‘(iii) the controlled growing and har-
of life or property.’’. the following: vesting of other aquatic species;
(b) REGULATORY REVIEW.— ‘‘(4) TECHNICAL ASSISTANCE AND REC- ‘‘(B) does not hold a license issued under
(1) REVIEW REQUIRED.—Not later than 1 OMMENDATIONS.—The Task Force may pro- section 7101(c); and
year after the date of enactment of this Act, vide technical assistance and recommenda- ‘‘(C) is not required to hold a merchant
the Secretary of the department in which tions for best practices to an agency or enti- mariner credential under part F of subtitle
the Coast Guard is operating shall complete ty engaged in vessel inspections or decon- II.’’.
a review of existing anchorage regulations taminations for the purpose of— (b) APPLICABILITY.—The amendments made
and identify regulations that may need ‘‘(A) effectively managing and controlling by this section shall apply to an injury in-
modification— the movement of aquatic nuisance species curred on or after the date of enactment of
(A) in the interest of marine safety, secu- into, within, or out of water of the United this Act.
rity, and environmental concerns, taking States; and Subtitle B—Other Matters
into account undersea pipelines, cables, or ‘‘(B) inspecting recreational vessels in a
manner that minimizes disruptions to public SEC. 505. INFORMATION ON TYPE APPROVAL
other infrastructure; and
CERTIFICATES.
(B) to implement the amendments made by access for boating and recreation in non-con-
this section. taminated vessels. (a) IN GENERAL.—Title IX of the Frank
(2) BRIEFING.—Upon completion of the re- ‘‘(5) CONSULTATION.—In carrying out para- LoBiondo Coast Guard Authorization Act of
view under paragraph (1), but not later than graph (4), including the development of rec- 2018 (Public Law 115–282) is amended by add-
2 years after the date of enactment of this ommendations, the Task Force may consult ing at the end the following:
Act, the Secretary shall provide a briefing to with— ‘‘SEC. 904. INFORMATION ON TYPE APPROVAL
‘‘(A) State fish and wildlife management CERTIFICATES.
the Committee on Commerce, Science, and
Transportation of the Senate and the Sub- agencies; ‘‘The Commandant of the Coast Guard
committee on Coast Guard and Maritime ‘‘(B) other State agencies that manage shall, upon request by any State, the Dis-
Transportation of the Committee on Trans- fishery resources of the State or sustain fish- trict of Columbia, or territory of the United
portation and Infrastructure of the House of ery habitat; and States, provide all data possessed by the
Representatives that summarizes the review. ‘‘(C) relevant nongovernmental entities.’’; Coast Guard pertaining to challenge water
(c) CLERICAL AMENDMENT.—The table of and quality characteristics, challenge water bio-
sections for chapter 700 of title 46, United (2) in subsection (k) by adding at the end logical organism concentrations, post-treat-
States Code, is amended by striking the item the following: ment water quality characteristics, and
relating to section 70006 and inserting the ‘‘(3) Not later than 90 days after the date of post-treatment biological organism con-
following: enactment of the Don Young Coast Guard centrations data for a ballast water manage-
‘‘70006. Anchorage grounds.’’. Authorization Act of 2022, the Task Force ment system with a type approval certificate
(d) APPLICABILITY OF REGULATIONS.—The shall submit a report to Congress recom- approved by the Coast Guard pursuant to
amendments made by subsection (a) may not mending legislative, programmatic, or regu- subpart 162.060 of title 46, Code of Federal
be construed to alter any existing rules, reg- latory changes to eliminate remaining gaps Regulations.’’.
ulations, or final agency actions issued in authorities between members of the Task (b) CLERICAL AMENDMENT.—The table of
under section 70006 of title 46, United States Force to effectively manage and control the contents for the Frank LoBiondo Coast
Code, as in effect on the day before the date movement of aquatic nuisance species.’’. Guard Authorization Act of 2018 (Public Law
of enactment of this Act until all regulations (e) TECHNICAL CORRECTIONS AND CON- 115–282) is amended by inserting after the
required under subsection (b) take effect. FORMING AMENDMENTS.—The Nonindigenous item relating to section 903 the following:
SEC. 503. AQUATIC NUISANCE SPECIES TASK Aquatic Nuisance Prevention and Control ‘‘904. Information on type approval certifi-
FORCE. Act of 1990 (16 U.S.C. 4701 et seq.) is further cates.’’.
(a) RECREATIONAL VESSEL DEFINED.—Sec- amended— SEC. 506. PASSENGER VESSEL SECURITY AND
tion 1003 of the Nonindigenous Aquatic Nui- (1) in section 1002(b)(2), by inserting a SAFETY REQUIREMENTS.
sance Prevention and Control Act of 1990 (16 comma after ‘‘funded’’; Section 3507(k)(1) of title 46, United States
U.S.C. 4702) is amended— (2) in section 1003, in paragraph (7), by Code, is amended—
(1) by redesignating paragraphs (13) striking ‘‘Canandian’’ and inserting ‘‘Cana- (1) in subparagraph (A) by striking ‘‘at
through (17) as paragraphs (15) through (19), dian’’; least 250’’ and inserting ‘‘250 or more’’; and
respectively; and (3) in section 1203(a)— (2) by striking subparagraph (B) and insert-
(2) by inserting after paragraph (12) the fol- (A) in paragraph (1)(F), by inserting ‘‘and’’ ing the following:
lowing: after ‘‘research,’’; and ‘‘(B) has overnight accommodations for 250
‘‘(13) ‘State’ means each of the several (B) in paragraph (3), by striking ‘‘encour- or more passengers; and’’.
States, the District of Columbia, American age’’ and inserting ‘‘encouraged’’;
SEC. 507. CARGO WAITING TIME REDUCTION.
Samoa, Guam, Puerto Rico, the Northern (4) in section 1204(b)(4), in the paragraph
Mariana Islands, and the Virgin Islands of heading, by striking ‘‘ADMINISRATIVE’’ and (a) INTERAGENCY TASK FORCE.—The Presi-
the United States; inserting ‘‘ADMINISTRATIVE’’; and dent shall, acting through the Supply Chain
‘‘(14) ‘recreational vessel’ has the meaning (5) in section 1209, by striking ‘‘subsection Disruptions Task Force established under
given that term in section 502 of the Federal (a)’’ and inserting ‘‘section 1202(a)’’. Executive Order 14017 (relating to supply
Water Pollution Control Act (33 U.S.C. SEC. 504. LIMITATION ON RECOVERY FOR CER- chains) of February 24, 2021 (86 Fed. Reg.
1362);’’. TAIN INJURIES INCURRED IN AQUA- 11849) (hereinafter referred to as the ‘‘Task
(b) OBSERVERS.—Section 1201 of the Non- CULTURE ACTIVITIES. Force’’), carry out the duties described in
indigenous Aquatic Nuisance Prevention and (a) IN GENERAL.—Section 30104 of title 46, subsection (c).
Control Act of 1990 (16 U.S.C. 4721) is amend- United States Code, is amended— (b) DUTIES.—In carrying out this section,
ed by adding at the end the following: (1) by inserting ‘‘(a) IN GENERAL.—’’ before the Task Force shall—
‘‘(g) OBSERVERS.—The chairpersons des- the first sentence; and (1) evaluate and quantify the economic and
ignated under subsection (d) may invite rep- (2) by adding at the end the following: environmental impact of cargo backlogs;
resentatives of nongovernmental entities to ‘‘(b) LIMITATION ON RECOVERY BY AQUA- (2) evaluate and quantify the costs in-
participate as observers of the Task Force.’’. CULTURE WORKERS.— curred by each Federal agency represented
(c) AQUATIC NUISANCE SPECIES TASK ‘‘(1) IN GENERAL.—For purposes of sub- on the Task Force, and by State and local
FORCE.—Section 1201(b) of the Nonindigenous section (a), the term ‘seaman’ does not in- governments, due to such cargo backlogs;
Aquatic Nuisance Prevention and Control clude an individual who— (3) evaluate the responses of each such
Act of 1990 (16 U.S.C. 4721(b)) is amended— ‘‘(A) is an aquaculture worker if State Federal agency to such cargo backlogs; and
(1) in paragraph (6), by striking ‘‘and’’ at workers’ compensation is available to such (4) not later than 90 days after the date of
the end; individual; and enactment of this Act—
(2) by redesignating paragraph (7) as para- ‘‘(B) was, at the time of injury, engaged in (A) develop a plan to—
graph (10); and aquaculture in a place where such individual (i) significantly reduce or eliminate such
(3) by inserting after paragraph (6) the fol- had lawful access. cargo backlog; and
lowing: ‘‘(2) AQUACULTURE WORKER DEFINED.—In (ii) reduce nationwide cargo processing
‘‘(7) the Director of the National Park this subsection, the term ‘aquaculture work- delays, including the Port of Los Angeles
Service; er’ means an individual who— and the Port of Long Beach; and
‘‘(8) the Director of the Bureau of Land ‘‘(A) is employed by a commercial enter- (B) submit to the Committee on Transpor-
dlhill on DSK120RN23PROD with HOUSE
Management; prise that is involved in the controlled cul- tation and Infrastructure of the House of
‘‘(9) the Commissioner of Reclamation; tivation and harvest of aquatic plants and Representatives and the Committee on Com-
and’’. animals, including— merce, Science, and Transportation of the
(d) AQUATIC NUISANCE SPECIES PROGRAM.— ‘‘(i) the cleaning, processing, or canning of Senate a report containing the plan devel-
Section 1202 of the Nonindigenous Aquatic fish and fish products; oped under subparagraph (A).
Nuisance Prevention and Control Act of 1990 ‘‘(ii) the cultivation and harvesting of (c) REPORT OF THE COMMANDANT.—No later
(16 U.S.C. 4722) is amended— shellfish; and than 90 days after the date of enactment of
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H6526 CONGRESSIONAL RECORD — HOUSE July 14, 2022
this Act, the Commandant of the Coast ‘‘(C) land use planning and development at ‘‘(VI) Ensuring the availability of at least
Guard shall submit to the Committee on Point Spencer in support of the following ac- one oil spill removal organization that is
Transportation and Infrastructure of the tivities within the Bearing Sea, the Chukchi classified by the Coast Guard and that—
House of Representatives and the Committee Sea, and the Arctic Ocean: ‘‘(aa) is capable of responding in all oper-
on Commerce, Science, and Transportation ‘‘(i) Search and rescue. ating environments in such area;
of the Senate a report on cargo backlogs ‘‘(ii) Shipping safety. ‘‘(bb) controls oil spill response resources
that includes— ‘‘(iii) Economic development. of dedicated and nondedicated resources
(1) an explanation of the extent to which ‘‘(iv) Oil spill prevention and response. within such area, through ownership, con-
vessels carrying cargo are complying with ‘‘(v) National security. tracts, agreements, or other means approved
the requirements of chapter 700 of title 46, ‘‘(vi) Major marine casualties. by the President, sufficient to mobilize and
United States Code; ‘‘(vii) Protection of Alaska Native archae- sustain a response to a worst case discharge
(2) the status of the investigation on the ological and cultural resources. of oil and to contain, recover, and tempo-
cause of the oil spill that occurred in Octo- ‘‘(viii) Port of refuge, arctic research, and rarily store discharged oil; and
ber 2021 on the waters over the San Pedro maritime law enforcement.’’; ‘‘(cc) has pre-positioned oil spill response
Shelf related to an anchor strike, including (3) by amending subsection (c)(3) to read as resources in strategic locations throughout
the expected date on which the Marine Cas- follows: such area in a manner that ensures the abil-
ualty Investigation Report with respect to ‘‘(3) Facilitate coordination among mem- ity to support response personnel, marine op-
such spill will be released; and bers of the Council on the development and erations, air cargo, or other related logistics
(3) with respect to such vessels, a summary use of the land and coastline of Point Spen- infrastructure.
of actions taken or planned to be taken by cer, as such development and use relate to ‘‘(VII) Temporary storage capability using
the Commandant to— activities of the Council at the Port of Point both dedicated and non-dedicated assets lo-
(A) provide additional protections against Spencer.’’; and cated within such area.
oil spills caused by anchor strikes; and (4) in subsection (e)— ‘‘(VIII) Non-mechanical oil spill response
(B) address other safety concerns and envi- (A) by striking ‘‘Operations and manage- resources, to be available under contracts,
ronmental impacts. ment costs’’ and inserting the following: agreements, or other means approved by the
SEC. 508. LIMITED INDEMNITY PROVISIONS IN ‘‘(1) DETERMINATION OF COSTS.—Operations President, capable of responding to both a
STANDBY OIL SPILL RESPONSE CON- and management costs’’; and discharge of persistent oil and a discharge of
TRACTS. (B) by adding at the end the following: non-persistent oil, whether the discharged
(a) IN GENERAL.—Subject to subsections (b) ‘‘(2) FUNDING.—To facilitate the mooring oil was carried by a vessel as fuel or cargo.
and (c), a contract for the containment or re- buoy system in Port Clarence and to assist ‘‘(IX) With respect to tank barges carrying
moval of a discharge entered into by the the Council in the development of other oil non-persistent oil in bulk as cargo, oil spill
President under section 311(c) of the Federal spill prevention and response infrastructure, response resources that are required to be
Water Pollution Control Act (33 U.S.C. including reactivating the airstrip at Point carried on board.
1321(c)) shall contain a provision to indem- Spencer with appropriate technology and ‘‘(X) Ensuring that oil spill response re-
nify a contractor for liabilities and expenses safety equipment in support of response op- sources required to comply with this sub-
incidental to the containment or removal erations, there is authorized to be made paragraph are separate from and in addition
arising out of the performance of the con- to resources otherwise required to be in-
available $5,000,000 for each of fiscal years
tract that is substantially identical to the cluded in a response plan for purposes of
2023 through 2025 from the interest generated
terms contained in subsections (d) through compliance with salvage and marine fire-
from the Oil Spill Liability Trust Fund.’’.
(h) of section H.4 (except for paragraph (1) of fighting planning requirements under this
subsection (d)) of the contract offered by the SEC. 510. WESTERN ALASKA OIL SPILL PLANNING subsection.
Coast Guard in the solicitation numbered CRITERIA. ‘‘(XI) Specifying a minimum length of time
DTCG89–98– A–68F953, dated November 17, that approval of a response plan under this
(a) WESTERN ALASKA OIL SPILL PLANNING
1998. subparagraph is valid.
(b) REQUIREMENTS.— CRITERIA.—Section 311(j)(5) of the Federal
‘‘(XII) Ensuring compliance with require-
(1) SOURCE OF FUNDS.—The provision re- Water Pollution Control Act (33 U.S.C. ments for the preparation and submission of
quired under subsection (a) shall include a 1321(j)(5)) is amended by adding at the end vessel response plans established by regula-
provision that the obligation to indemnify is the following: tions pursuant to this paragraph.
limited to funds available in the Oil Spill Li- ‘‘(J)(i) Except as provided in clause (iv) (in- ‘‘(iii) The President may approve a re-
ability Trust Fund established by section cluding with respect to Cook Inlet), in any sponse plan for a vessel under this subpara-
9509(a) of the Internal Revenue Code of 1986 case in which the Secretary has determined graph only if the owner or operator of the
at the time the claim for indemnity is made. that the national planning criteria estab- vessel demonstrates the availability of the
(2) UNCOMPENSATED REMOVAL.—A claim for lished pursuant to this subsection are inap- oil spill response resources required to be in-
indemnity under a contract described in sub- propriate for a vessel operating in the area of cluded in the response plan under the plan-
section (a) shall be made as a claim for un- responsibility of the Western Alaska Captain ning criteria established under clause (ii).
compensated removal costs under section of the Port Zone, a response plan required ‘‘(iv) Nothing in this subparagraph af-
1012(a)(4) of the Oil Pollution Act of 1990 (33 under this paragraph with respect to a dis- fects—
U.S.C. 2712(a)(4)). charge of oil for the vessel shall comply with ‘‘(I) the requirements under this subsection
(3) LIMITATION.—The total indemnity for a the planning criteria established under applicable to vessel response plans for ves-
claim under a contract described in sub- clause (ii), which planning criteria shall, sels operating within the area of responsi-
section (a) may not be more than $50,000 per with respect to a discharge of oil from the bility of the Western Alaska Captain of the
incident. vessel, apply in lieu of any alternative plan- Port Zone within Cook Inlet, Alaska;
(c) APPLICABILITY OF EXEMPTIONS.—Not- ning criteria approved for vessels operating ‘‘(II) the requirements applicable to tank
withstanding subsection (a), the United in such area. vessels operating within Prince William
States shall not be obligated to indemnify a ‘‘(ii) The President shall establish planning Sound Captain of the Port Zone that are sub-
contractor for any act or omission of the criteria for a worst case discharge of oil, and ject to section 5005 of the Oil Pollution Act
contractor carried out pursuant to a con- a substantial threat of such a discharge, of 1990 (33 U.S.C. 2735); or
tract entered into under this section where within the area of responsibility of Western ‘‘(III) the authority of a Federal On-Scene
such act or omission is grossly negligent or Alaska Captain of the Port Zone, including Coordinator to use any available resources
which constitutes willful misconduct. planning criteria for the following: when responding to an oil spill.
SEC. 509. PORT COORDINATION COUNCIL FOR ‘‘(I) Oil spill response resources that are re- ‘‘(v) The Secretary shall review any deter-
POINT SPENCER. quired to be located within such area. mination that the national planning criteria
Section 541 of the Coast Guard Authoriza- ‘‘(II) Response times for mobilization of oil are inappropriate for a vessel operating in
tion Act of 2016 (Public Law 114–120) is spill response resources and arrival on the the area of responsibility of Western Alaska
amended— scene of a worst case discharge of oil, or sub- Captain of the Port Zone not less frequently
(1) in subsection (b) by striking paragraphs stantial threat of such a discharge, occurring than once every five years.
(1) and (2) and inserting the following: within such area. ‘‘(vi) For purposes of this subparagraph,
‘‘(1) BSNC (to serve as Council Chair). ‘‘(III) Pre-identified vessels for oil spill re- the term ‘Western Alaska Captain of the
‘‘(2) The Secretary of Homeland Security. sponse that are capable of operating in the Port Zone’ means the area described in sec-
‘‘(3) An Oil Spill Response Organization ocean environment and required to be lo- tion 3.85–15 of title 33, Code of Federal Regu-
that serves the area in which such Port is lo- cated within such area. lations, as in effect on the date of enactment
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cated. ‘‘(IV) Real-time continuous vessel track- of this subparagraph.’’.
‘‘(4) The State.’’; ing, monitoring, and engagement protocols (b) ESTABLISHMENT OF ALASKA OIL SPILL
(2) in subsection (c)(1)— that detect and address vessel operation PLANNING CRITERIA.—
(A) in subparagraph (B) by adding ‘‘and’’ at anomalies. (1) DEADLINE.—Not later than 2 years after
the end; and ‘‘(V) Vessel routing measures consistent the date of enactment of this Act, the Presi-
(B) by striking subparagraphs (C) and (D) with international routing measure devi- dent shall establish the planning criteria re-
and inserting the following: ation protocols. quired to be established under subparagraph
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6527
(J) of section 311(j)(5) of the Federal Water (5) State coastal and wildlife management and the Committee on Foreign Relations and
Pollution Control Act of (33 U.S.C. 1321(j)(5)), agencies; and the Committee on Commerce, Science, and
as added by this section. (6) an institution of higher education with Transportation of the Senate written notice
(2) CONSULTATION.—In establishing such adequate marine science search laboratory of the determination and the basis upon
planning criteria, the President shall consult facilities and capabilities and expertise in which the determination was made.
with the State of Alaska, owners and opera- coastal marine ecology, ecosystems, environ- (C) PUBLICATION.—The Secretary of State
tors of vessels subject to such planning cri- mental chemistry, fish and wildlife manage- shall publish a notice in the Federal Register
teria, oil spill removal organizations, Alaska ment, coastal mapping, water resources, and of each determination made under subpara-
Native organizations, and environmental marine technology development. graph (A).
nongovernmental organizations located (c) FUNCTIONS.—The Center of Expertise (b) VESSELS DESCRIBED.—A vessel referred
within the State of Alaska. shall— to in subsection (a) is a vessel owned or oper-
(3) V ESSELS IN COOK INLET .—Unless other- (1) monitor and assess, on an ongoing ated by a Russian national or operated by
wise authorized by the Secretary of the de- basis, the state of knowledge regarding the government of the Russian Federation.
partment in which the Coast Guard, a vessel training, education, and technology develop- (c) INFORMATION AND PUBLICATION.—The
may only operate in Cook Inlet, Alaska, ment for marine environmental response Secretary of the department in which the
under a vessel response plan that meets the protocols in State, Federal, and inter- Coast Guard is operating, with the concur-
requirements of the national planning cri- national waters, port and marine environ- rence of the Secretary of State, shall—
teria established pursuant to section 311(j)(5) ments, coastal and estuary environments, (1) maintain timely information on the
of the Federal Water Pollution Control Act and the intercoastal waterway; registrations of all foreign vessels owned or
(33 U.S.C. 1321(j)(5)). (2) identify any significant gaps in research operated by or on behalf of the Government
(c) CONGRESSIONAL REPORT.—Not later related to marine environmental response of the Russian Federation, a Russian na-
than one year after the date of enactment of protocols, including an assessment of major tional, or a entity organized under the laws
this Act, the Secretary of the department in scientific or technological deficiencies in re- of the Russian Federation or any jurisdiction
which the Coast Guard is operating shall sponses to past incidents in these waterways within the Russian Federation; and
submit to Congress a report regarding the that are interconnected, and seek to fill such (2) periodically publish in the Federal Reg-
status of implementing the requirements of gaps; ister a list of the vessels described in para-
subparagraph (J) of section 311(j)(5) of the (3) conduct research, development, testing, graph (1).
Federal Water Pollution Control Act (33 and evaluation for marine environmental re- (d) NOTIFICATION OF GOVERNMENTS.—
U.S.C. 1321(j)(5)), as added by this section. sponse equipment, technologies, and tech- (1) IN GENERAL.—The Secretary of State
SEC. 511. NONAPPLICABILITY. niques to mitigate and respond to environ- shall notify each government, the agents or
Requirements under sections 3507(d), mental incidents in these waterways; instrumentalities of which are maintaining a
3507(e), 3508, and 3509 of title 46, United (4) educate and train Federal, State, and registration of a foreign vessel that is in-
States Code, shall not apply to the passenger local first responders in— cluded on a list published under subsection
vessel American Queen (U.S. Coast Guard Of- (A) the incident command system struc- (c)(2), not later than 30 days after such publi-
ficial Number 1030765) or any other passenger ture; cation, that all vessels registered under such
vessel— (B) marine environmental response tech- government’s authority are subject to sub-
(1) on which construction identifiable with niques and strategies; and section (a).
the specific vessel begins prior to the date of (C) public affairs; and (2) ADDITIONAL NOTIFICATION.—In the case
enactment of this Act; and (5) work with academic and private sector of a government that continues to maintain
(2) to which sections 3507 and 3508 would response training centers to develop and a registration for a vessel that is included on
otherwise apply when such vessels are oper- standardize marine environmental response such list after receiving an initial notifica-
ating inside the boundary line. training and techniques. tion under paragraph (1), the Secretary shall
SEC. 512. REPORT ON ENFORCEMENT OF COAST-
(d) MARINE ENVIRONMENTAL RESPONSE DE- issue an additional notification to such gov-
WISE LAWS. FINED.—In this section, the term ‘‘marine en- ernment not later than 120 days after the
The Commandant of the Coast Guard shall vironmental response’’ means any response publication of a list under subsection (c)(2).
submit to Congress a report describing any to incidents that— (e) NOTIFICATION OF VESSELS.—Upon receiv-
changes to the enforcement of chapters 121 (1) impacts— ing a notice of arrival under section
and 551 of title 46, United States Code, as a (A) the marine environment of State, Fed- 70001(a)(5) of title 46, United States Code,
result of the amendments to section 4(a)(1) of eral or international waterways; from a vessel described in subsection (b), the
the Outer Continental Shelf Lands Act (43 (B) port and marine environments; Secretary of the department in which the
U.S.C. 1333(a)(1)) made by section 9503 of the (C) coastal and estuary environments; or Coast Guard is operating shall notify the
William M. (Mac) Thornberry National De- (D) the intercoastal waterway; and master of such vessel that the vessel may
fense Authorization Act for Fiscal Year 2021 (2) promotes— not enter or operate in the navigable waters
(Public Law 116–283). (A) the protection and conservation of the of the United States or transfer cargo in any
SEC. 513. LAND CONVEYANCE, SHARPE ARMY marine environment; port or place under the jurisdiction of the
DEPOT, LATHROP, CALIFORNIA. (B) the health of fish, animal populations, United States, unless—
Not later than 1 year after the date of en- and endangered species; and (1) the Secretary of State has made a de-
actment of this Act, the Administrator of (C) the resilience of coastal ecosystems termination under subsection (a)(2); or
the Maritime Administration shall complete and infrastructure. (2) the Secretary of the department in
the land conveyance required under section SEC. 515. PROHIBITION ON ENTRY AND OPER- which the Coast Guard is operating allows
2833 of the William M. (Mac) Thornberry Na- ATION. provisional entry of the vessel, or transfer of
tional Defense Authorization Act for Fiscal (a) PROHIBITION.— cargo from the vessel, under subsection (f).
Year 2021 (Public Law 116–283). (1) IN GENERAL.—Except as otherwise pro- (f) PROVISIONAL ENTRY OR CARGO TRANS-
SEC. 514. CENTER OF EXPERTISE FOR MARINE vided in this section, during the period in FER.—Notwithstanding any other provision
ENVIRONMENTAL RESPONSE. which Executive Order 14065 (87 Fed. Reg. of this section, the Secretary of the depart-
(a) IN GENERAL.—Not later than 1 year 10293, relating to blocking certain Russian ment in which the Coast Guard is operating
after the date of enactment of this Act, the property or transactions), or any successor may allow provisional entry of, or transfer of
Commandant of the Coast Guard, in con- Executive Order is in effect, no vessel de- cargo from, a vessel, if such entry or transfer
sultation with the Administrator of the Na- scribed in subsection (b) may enter or oper- is necessary for the safety of the vessel or
tional Oceanic and Atmospheric Administra- ate in the navigable waters of the United persons aboard.
tion, shall establish a Center of Expertise for States or transfer cargo in any port or place SEC. 516. ST. LUCIE RIVER RAILROAD BRIDGE.
Marine Environmental Response (referred to under the jurisdiction of the United States. The Commandant of the Coast Guard shall
in this section as the ‘‘Center of Expertise’’) (2) LIMITATIONS ON APPLICATION.—— take such actions as are necessary to imple-
in accordance with section 313 of title 14, (A) IN GENERAL.—The prohibition under ment any recommendations for the St. Lucie
United States Code. paragraph (1) shall not apply with respect to River railroad bridge made by the Coast
(b) LOCATION.—The Center of Expertise vessel described in subsection (b) if the Sec- Guard in the document titled ‘‘Waterways
shall be located in close proximity to— retary of State determines that— Analysis and Management System for Intra-
(1) an area of the country with quick ac- (i) the vessel is owned or operated by a coastal Waterway Miles 925-1005 (WAMS
cess to State, Federal, and international Russian national or operated by the govern- #07301)’’ published by Coast Guard Sector
waters, port and marine environments, ment of the Russian Federation; and Miami in 2018.
coastal and estuary environments, and the (ii) it is in the national security interest SEC. 517. ASSISTANCE RELATED TO MARINE
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intercoastal waterway; not to apply the prohibition to such vessel. MAMMALS.
(2) multiple Coast Guard sea and air sta- (B) NOTICE.—Not later than 15 days after (a) MARITIME ENVIRONMENTAL AND TECH-
tions; making a determination under subparagraph NICAL ASSISTANCE PROGRAM.—Section
(3) multiple Federal agencies that are en- (A), the Secretary of State shall submit to 50307(b) of title 46, United States Code, is
gaged in coastal and fisheries management; the Committee on Foreign Affairs and the amended—
(4) one or more designated national estu- Committee on Transportation and Infra- (1) in paragraph (1)(D) by striking ‘‘and’’ at
aries; structure of the House of Representatives the end;
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H6528 CONGRESSIONAL RECORD — HOUSE July 14, 2022
(2) in paragraph (2) by striking the period (1) IN GENERAL.—Part of A of subtitle V of 2022, the Administrator, in consultation with
and insert ‘‘; and’’; and title 46, United States Code, is amended by the Commandant, Tribal governments, and
(3) by adding at the end the following: adding at the end the following: with input from affected stakeholders, shall
‘‘(3) technologies that quantifiably reduce ‘‘CHAPTER 507—MONITORING AND design and deploy a near real-time moni-
underwater noise from marine vessels, in- MITIGATION toring system for North Atlantic right
cluding noise produced incidental to the pro- whales that—
‘‘Sec.
pulsion of marine vessels.’’. ‘‘(A) comprises the best available detection
‘‘50701. Near real-time monitoring and miti-
(b) ASSISTANCE TO REDUCE IMPACTS OF VES- and survey technologies to detect North At-
gation program for large
SEL STRIKES AND NOISE ON MARINE MAM- lantic right whales within core foraging
whales.
MALS.— habitats;
‘‘50702. Pilot project.
(1) IN GENERAL.—Chapter 541 of title 46, ‘‘(B) uses dynamic habitat suitability mod-
United States Code, is amended by adding at ‘‘§ 50701. Near real-time monitoring and miti- els to inform the likelihood of North Atlan-
the end the following: gation program for large whales tic right whale occurrence in core foraging
‘‘§ 54102. Assistance to reduce impacts of ves- ‘‘(a) ESTABLISHMENT.—The Administrator habitat at any given time;
sel strikes and noise on marine mammals of the Maritime Administration, in consulta- ‘‘(C) coordinates with the Integrated Ocean
tion with the Commandant of the Coast Observing System and Coast Guard vessel
‘‘(a) IN GENERAL.—The Administrator of
Guard, shall design and deploy a near real- traffic service centers, and may coordinate
the Maritime Administration, in coordina-
time large whale monitoring and mitigation with Regional Ocean Partnerships to lever-
tion with the Secretary of the department in
program (in this section referred to as the age monitoring assets;
which the Coast Guard is operating, may
Program) informed by the technologies, ‘‘(D) integrates historical data;
make grants to, or enter into contracts or
monitoring methods, and mitigation proto- ‘‘(E) integrates new near real-time moni-
cooperative agreements with, academic, pub- toring methods and technologies as they be-
cols developed pursuant to the pilot program
lic, private, and nongovernmental entities to come available;
required under section 50702.
develop and implement mitigation measures ‘‘(F) accurately verifies and rapidly com-
‘‘(b) PURPOSE.—The purpose of the Pro-
that will lead to a quantifiable reduction municates detection data;
gram will be to reduce the risk to large
in— ‘‘(G) creates standards for allowing ocean
whales of vessel collisions and to minimize
‘‘(1) impacts to marine mammals from ves- users to contribute data to the monitoring
other impacts.
sels; and system using comparable near real-time
‘‘(c) REQUIREMENTS.—In designing and de-
‘‘(2) underwater noise from vessels, includ- monitoring methods and technologies; and
ploying the Program, the Administrator
ing noise produced incidental to the propul- ‘‘(H) communicates the risks of injury to
shall—
sion of vessels. large whales to ocean users in a way that is
‘‘(1) prioritize species of large whales for
‘‘(b) ELIGIBLE USE.—Assistance under this most likely to result in informed decision
section may be used to develop, assess, and which vessel collision impacts are of par-
ticular concern; making regarding the mitigation of those
carry out activities that reduce threats to risks.
marine mammals by— ‘‘(2) prioritize areas where such vessel im-
pacts are of particular concern; ‘‘(2) NATIONAL SECURITY CONSIDERATIONS.—
‘‘(1) reducing— All monitoring methods, technologies, and
‘‘(A) stressors related to vessel traffic; and ‘‘(3) develop technologies capable of detect-
ing and alerting individuals and enforcement protocols under this section shall be con-
‘‘(B) vessel strike mortality, and serious sistent with national security considerations
injury; or agencies of the probable location of large
whales on a near real-time basis, to include and interests.
‘‘(2) monitoring— ‘‘(3) ACCESS TO DATA.—The Administrator
‘‘(A) sound; and real time data whenever possible;
‘‘(4) inform sector-specific mitigation pro- shall provide access to data generated by the
‘‘(B) vessel interactions with marine mam- monitoring system deployed under para-
mals. tocols to effectively reduce takes of large
whales; and graph (1) for purposes of scientific research
‘‘(c) PRIORITY.—The Administrator shall
‘‘(5) integrate technology improvements as and evaluation, and public awareness and
prioritize assistance under this section for
such improvements become available. education, including through the NOAA
projects that—
‘‘(d) AUTHORITY.—The Administrator may Right Whale Sighting Advisory System and
‘‘(1) is based on the best available science
make grants or enter into and contracts, WhaleMap or other successive public web
on methods to reduce threats related to ves-
leases, or cooperative agreements as may be portals, subject to review for national secu-
sels traffic;
necessary to carry out the purposes of this rity considerations.
‘‘(2) collect data on the reduction of such ‘‘(d) MITIGATION PROTOCOLS.—The Adminis-
threats; section on such terms as the Administrator
considers appropriate, consistent with Fed- trator, in consultation with the Com-
‘‘(3) reduce— mandant, and with input from affected
‘‘(A) disturbances from vessel presence; eral acquisition regulations.
stakeholders, develop and deploy mitigation
‘‘(B) mortality risk; or ‘‘§ 50702. Pilot project protocols that make use of the near real-
‘‘(C) serious injury from vessel strikes; or ‘‘(a) ESTABLISHMENT.—The Administrator time monitoring system deployed under sub-
‘‘(4) conduct risk assessments, or tracks of the Maritime Administration shall carry section (c) to direct sector-specific mitiga-
progress toward threat reduction. out a pilot monitoring and mitigation tion measures that avoid and significantly
‘‘(d) BRIEFING.—The Administrator shall project for North Atlantic right whales (in reduce risk of serious injury and mortality
provide to the Committee on Transportation this section referred to as the ‘Pilot Pro- to North Atlantic right whales.
and Infrastructure of the House of Rep- gram’) for purposes of informing a cost-effec- ‘‘(e) REPORTING.—
resentatives, and the Committee on Com- tive, efficient, and results-oriented near real- ‘‘(1) PRELIMINARY REPORT.—Not later than
merce, Science, and Transportation of the time monitoring and mitigation program for 2 years after the date of the enactment of
Senate, an annual briefing that includes the large whales under 50701. the Don Young Coast Guard Authorization
following: ‘‘(b) PILOT PROJECT REQUIREMENTS.—In Act of 2022, the Administrator, in consulta-
‘‘(1) The name and location of each entity carrying out the pilot program, the Adminis- tion with the Commandant, shall submit to
receiving a grant under this section. trator, in coordination with the Com- the appropriate Congressional Committees
‘‘(2) The amount of each such grant. mandant of the Coast Guard, using best and make available to the public a prelimi-
‘‘(3) A description of the activities carried available scientific information, shall iden- nary report which shall include—
out with assistance provided under this sec- tify and ensure coverage of— ‘‘(A) a description of the monitoring meth-
tion. ‘‘(1) core foraging habitats of North Atlan- ods and technology in use or planned for de-
‘‘(4) An estimate of the impact that a tic right whales, including— ployment;
project carried out with such assistance has ‘‘(A) the South of the Islands core foraging ‘‘(B) analyses of the efficacy of the meth-
on the reduction of threats to marine mam- habitat; ods and technology in use or planned for de-
mals. ‘‘(B) the Cape Cod Bay Area core foraging ployment for detecting North Atlantic right
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— habitat; whales;
There is authorized to be appropriated to the ‘‘(C) the Great South Channel core for- ‘‘(C) how the monitoring system is directly
Administrator to carry out this section aging habitat; and informing and improving North American
$10,000,000 for each of fiscal years 2022 ‘‘(D) the Gulf of Maine; and right whale management, health, and sur-
through 2026, to remain available until ex- ‘‘(2) important feeding, breeding, calving, vival;
pended.’’. rearing, or migratory habitats of North At- ‘‘(D) a prioritized identification of tech-
(2) CLERICAL AMENDMENT.—The analysis for lantic right whales that co-occur with areas nology or research gaps;
chapter 541 of title 46, United States Code, is
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of high risk of mortality, serious injury, or ‘‘(E) a plan to communicate the risks of in-
amended by adding at the end the following: other impacts to such whales, including from jury to large whales to ocean users in a way
‘‘54102. Assistance to reduce impacts of ves- vessels or vessel strikes. that is most likely to result in informed de-
sel strikes and noise on marine ‘‘(c) PILOT PROJECT COMPONENTS.— cision making regarding the mitigation of
mammals.’’. ‘‘(1) IN GENERAL.—Not later than 3 years those risks; and
(c) NEAR REAL-TIME MONITORING AND MITI- after the date of enactment of the Don ‘‘(F) additional information, as appro-
GATION PROGRAM FOR LARGE WHALES.— Young Coast Guard Authorization Act of priate.
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6529
‘‘(2) FINAL REPORT.—Not later than 6 years ‘‘(3) a citizen of the nation under the laws mineral energy resources in its offshore
after the date of the enactment of the Don of which the vessel is documented. areas.
Young Coast Guard Authorization Act of ‘‘(b) REQUIREMENTS FOR ELIGIBILITY FOR ‘‘(2) SECRETARY.—The term ‘Secretary’
2022, the Administrator, in consultation with EXEMPTION.—An exemption under this sub- means the Secretary of the department in
the Commandant, shall submit to the appro- section is an exemption from the regulations which the Coast Guard is operating.’’.
priate congressional committees and make established pursuant to section 30(a)(3) of the (b) ANNUAL REPORT.—
available to the public a final report, ad- Outer Continental Shelf Lands Act (43 U.S.C. (1) IN GENERAL.—Not later than 1 year after
dressing the components in subparagraph (A) 1356(a)(3)). the date of enactment of this Act, and annu-
and including— ‘‘(c) LIMITATIONS.—An exemption under ally thereafter, the Secretary shall submit
‘‘(A) an assessment of the benefits and effi- this section— to Congress a report containing information
cacy of the near real-time monitoring and ‘‘(1) shall provide that the number of indi- on each letter of nonapplicability of section
mitigation program; viduals manning or crewing the covered fa- 8109 of title 46, United States Code, with re-
‘‘(B) a strategic plan to expand the pilot cility who are described in paragraphs (2) spect to a covered facility that was issued by
program to provide near real-time moni- and (3) of subsection (a) may not exceed two the Secretary during the preceding year.
toring and mitigation measures; and one- half times the number of individ- (2) CONTENTS.—The report under paragraph
‘‘(i) to additional large whale species of uals required to man or crew the covered fa- (1) shall include, for each covered facility—
concern for which such measures would re- cility under the laws of the nation under the (A) the name and International Maritime
duce risk of serious injury or death; and laws of which the covered facility is docu- Organization number;
‘‘(ii) in important feeding, breeding, mented; and (B) the nation in which the covered facility
calving, rearing, or migratory habitats of ‘‘(2) shall be effective for not more than 12 is documented;
whales that co-occur with areas of high risk months, but may be renewed by application (C) the nationality of owner or owners; and
of mortality or serious injury of such whales to and approval by the Secretary. (D) for any covered facility that was pre-
from vessel strikes or disturbance; ‘‘(d) APPLICATION.—To be eligible for an ex- viously issued a letter of nonapplicability in
‘‘(C) a prioritized plan for acquisition, de- emption or a renewal of an exemption under a prior year, any changes in the information
ployment, and maintenance of monitoring this section, the owner or operator of a cov- described in subparagraphs (A) through (C).
technologies; ered facility shall apply to the Secretary (c) REGULATIONS.—Not later than 90 days
‘‘(D) the locations or species for which the with an application that includes a sworn after the date of the enactment of this Act,
plan would apply; and statement by the applicant of all informa- the Secretary shall promulgate regulations
‘‘(E) a budget and description of funds nec- tion required for the issuance of the exemp- that specify the documentary and other re-
essary to carry out the strategic plan. tion. quirements for the issuance of an exemption
‘‘(f) ADDITIONAL AUTHORITY.—The Adminis- ‘‘(e) REVOCATION.— under the amendment made by this section.
trator may make grants enter into con- ‘‘(1) IN GENERAL.—The Secretary— (d) EXISTING EXEMPTIONS.—
tracts, leases, or cooperative agreements as ‘‘(A) may revoke an exemption for a cov- (1) EFFECT OF AMENDMENTS; TERMINATION.—
may be necessary to carry out the purposes ered facility under this section if the Sec- Each exemption under section 30(c)(2) of the
of this section on such terms as the Adminis- retary determines that information provided Outer Continental Shelf Lands Act (43 U.S.C.
trator considers appropriate, consistent with in the application for the exemption was 1356(c)(2)) issued before the date of the enact-
Federal acquisition regulations. false or incomplete, or is no longer true or ment of this Act—
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— complete; and (A) shall not be affected by the amend-
There is authorized to be appropriated to the ‘‘(B) shall immediately revoke such an ex- ments made by this section during the 120-
Administrator to carry out this section emption if the Secretary determines that the day period beginning on the date of the en-
$17,000,000 for each of fiscal years 2022 covered facility, in the effective period of the actment of this Act; and
through 2026. exemption, was manned or crewed in a man- (B) shall not be effective after such period.
‘‘(h) DEFINITIONS.—In this section and sec- ner not authorized by the exemption.
tion 50701: (2) NOTIFICATION OF HOLDERS.—Not later
‘‘(2) NOTICE REQUIRED.—The Secretary shall than 60 days after the date of the enactment
‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- provides notice of a determination under
TEES.—The term ‘appropriate congressional
of this Act, the Secretary shall notify all
subparagraph (A) or (B) of paragraph (1) to persons that hold such an exemption that it
committees’ means the Committee Trans- the owner or operator of the covered facility.
portation and Infrastructure of the House of will expire as provided in paragraph (1).
‘‘(f) REVIEW OF COMPLIANCE.—The Sec- (e) CLERICAL AMENDMENT.—The analysis
Representatives and the Committee on Com- retary shall periodically, but not less than for chapter 81 of the title 46, United States
merce, Science, and Transportation of the once annually, inspect each covered facility Code, is amended by adding at the end the
Senate. that operates under an exemption under this following:
‘‘(2) CORE FORAGING HABITATS.—The term section to verify the owner or operator of the
‘core foraging habitats’ means areas with bi- ‘‘8108. Exemptions from manning and crew
covered facility’s compliance with the ex- requirements.’’.
ological and physical oceanographic features emption. During an inspection under this
that aggregate Calanus finmarchicus and TITLE VI—SEXUAL ASSAULT AND SEXUAL
subsection, the Secretary shall require all
where North Atlantic right whales foraging HARASSMENT PREVENTION AND RE-
crew members serving under the exemption
aggregations have been well documented. SPONSE
to hold a valid transportation security card
‘‘(3) NEAR REAL-TIME.—The term ‘near real- issued under section 70105. SEC. 601. DEFINITIONS.
time’ means detected activity that is visual, ‘‘(g) PENALTY.—In addition to revocation (a) IN GENERAL.—Section 2101 of title 46,
acoustic, or in any other form, of North At- under subsection (e), the Secretary may im- United States Code, is amended—
lantic right whales that are transmitted and pose on the owner or operator of a covered (1) by redesignating paragraphs (45)
reported as soon as technically feasible after facility a civil penalty of $10,000 per day for through (54) as paragraphs (47) through (56),
such detected activity has occurred. each day the covered facility— respectively; and
‘‘(4) LARGE WHALE.—The term ‘large whale’ ‘‘(1) is manned or crewed in violation of an (2) by inserting after paragraph (44) the fol-
means all Mysticeti species and species with- exemption under this subsection; or lowing:
in the genera Physeter and Orcinus.’’. ‘‘(2) operated under an exemption under ‘‘(45) ‘sexual assault’ means any form of
(2) CLERICAL AMENDMENT.—The table of this subsection that the Secretary deter- abuse or contact as defined in chapter 109A
chapters for subtitle V of title 46, United mines was not validly obtained. of title 18, or a substantially similar State,
States Code is amended by adding after the ‘‘(h) NOTIFICATION OF SECRETARY OF local, or Tribal offense.
item related to chapter 505 the following: STATE.—The Secretary shall notify the Sec- ‘‘(46) ‘sexual harassment’ means—
‘‘507. Monitoring and Mitigation ....... 50701’’. retary of State of each exemption issued ‘‘(A) conduct that—
SEC. 518. MANNING AND CREWING REQUIRE- under this section, including the effective ‘‘(i) involves unwelcome sexual advances,
MENTS FOR CERTAIN VESSELS, VE- period of the exemption. requests for sexual favors, or deliberate or
HICLES, AND STRUCTURES. ‘‘(i) DEFINITIONS.—In this section: repeated offensive comments or gestures of a
(a) AUTHORIZATION OF LIMITED EXEMPTIONS ‘‘(1) COVERED FACILITY.—The term ‘covered sexual nature if any—
FROM MANNING AND CREW REQUIREMENT.— facility’ means any vessel, rig, platform, or ‘‘(I) submission to such conduct is made ei-
Chapter 81 of title 46, United States Code, is other vehicle or structure, over 50 percent of ther explicitly or implicitly a term or condi-
amended by adding at the end the following: which is owned by citizens of a foreign na- tion of employment, pay, career, benefits, or
‘‘§ 8108. Exemptions from manning and crew tion or with respect to which the citizens of entitlements of the individual;
requirements a foreign nation have the right effectively to ‘‘(II) submission to, or rejection, of such
‘‘(a) IN GENERAL.—The Secretary may pro- control, except to the extent and to the de- conduct by an individual is used as a basis
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vide an exemption described in subsection (b) gree that the President determines that the for decisions affecting that individual’s job,
to the owner or operator of a covered facility government of such foreign nation or any of pay, career, benefits, or entitlements;
if each individual who is manning or crewing its political subdivisions has implemented, ‘‘(III) such conduct has the purpose or ef-
the covered facility is— by statute, regulation, policy, or practice, a fect of unreasonably interfering with an indi-
‘‘(1) a citizen of the United States; national manning requirement for equip- vidual’s work performance or creates an in-
‘‘(2) an alien lawfully admitted to the ment engaged in the exploring for, devel- timidating, hostile, or offensive work envi-
United States for permanent residence; or oping, or producing resources, including non- ronment; or
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H6530 CONGRESSIONAL RECORD — HOUSE July 14, 2022
‘‘(IV) conduct may have been by an indi- ‘‘(c) OFFICIAL FINDING.— (4) in subsection (d), by adding at the end
vidual’s supervisor, a supervisor in another ‘‘(1) IN GENERAL.—In this section, the term the following: ‘‘In each washing space in a
area, a co-worker, or another credentialed ‘official finding’ means— visible location there shall be information
mariner; and ‘‘(A) a legal proceeding or agency finding regarding procedures and resources to report
‘‘(ii) is so severe or pervasive that a rea- or decision that determines the individual crimes upon the vessel, including sexual as-
sonable person would perceive, and the vic- committed sexual harassment or sexual as- sault and sexual harassment, and vessel
tim does perceive, the environment as hos- sault in violation of any Federal, State, owner or company policies prohibiting sex-
tile or offensive; local, or Tribal law or regulation; or ual assault and sexual harassment, retalia-
‘‘(B) any use or condonation associated ‘‘(B) a determination after an investigation tion, and drug and alcohol usage.’’.
with first-hand or personal knowledge, by by the Coast Guard that, by a preponderance SEC. 605. PROTECTION AGAINST DISCRIMINA-
any individual in a supervisory or command of the evidence, the individual committed TION.
position, of any form of sexual behavior to sexual harassment or sexual assault if the Section 2114(a)(1) of title 46, United States
control, influence, or affect the career, pay, investigation affords appropriate due process Code, is amended—
benefits, entitlements, or employment of a rights to the subject of the investigation. (1) by redesignating subparagraphs (B)
subordinate; and ‘‘(2) INVESTIGATION BY THE COAST GUARD.— through (G) as subparagraphs (C) through
‘‘(C) any deliberate or repeated unwelcome An investigation by the Coast Guard under (H), respectively; and
verbal comment or gesture of a sexual na- paragraph (1)(B) shall include, at a min- (2) by inserting after subparagraph (A) the
ture by any fellow employee of the complain- imum, evaluation of the following materials following:
ant.’’. that, upon request, shall be provided to the ‘‘(B) the seaman in good faith has reported
(b) REPORT.—The Commandant of the Coast Guard: or is about to report to the vessel owner,
Coast Guard shall submit to the Committee ‘‘(A) Any inquiry or determination made Coast Guard or other appropriate Federal
on Transportation and Infrastructure of the by the employer or former employer of the agency or department sexual harassment or
House of Representatives and the Committee individual as to whether the individual com- sexual assault against the seaman or knowl-
on Commerce, Science, and Transportation mitted sexual harassment or sexual assault. edge of sexual harassment or sexual assault
of the Senate a report describing any ‘‘(B) Any investigative materials, docu- against another seaman;’’.
changes the Commandant may propose to ments, records, or files in the possession of
SEC. 606. ALCOHOL PROHIBITION.
the definitions added by the amendments in an employer or former employer of the indi-
(a) REGULATIONS.—
subsection (a). vidual that are related to the claim of sexual
harassment or sexual assault by the indi- (1) IN GENERAL.—Not later than 1 year after
SEC. 602.CONVICTED SEX OFFENDER AS the date of enactment of this Act, the Sec-
GROUNDS FOR DENIAL. vidual.
‘‘(3) ADMINISTRATIVE LAW JUDGE REVIEW.— retary of the department in which the Coast
(a) IN GENERAL.—Chapter 75 of title 46, Guard is operating shall, taking into account
United States Code, is amended by adding at ‘‘(A) COAST GUARD INVESTIGATION.—A deter-
mination under paragraph (1)(B) shall be re- the safety and security of every individual
the end the following: on documented vessels, issue such regula-
viewed and affirmed by an administrative
‘‘§ 7511. Convicted sex offender as grounds for tions as are necessary relating to alcohol
law judge within the same proceeding as any
denial consumption on documented vessels, accord-
suspension or revocation of a license, certifi-
‘‘(a) SEXUAL ABUSE.—A license, certificate cate of registry, or merchant mariner’s docu- ing to the following requirements:
of registry, or merchant mariner’s document ment under subsection (a) or (b). (A) The Secretary shall determine safe lev-
authorized to be issued under this part shall ‘‘(B) LEGAL PROCEEDING.—A determination els of alcohol consumption by crewmembers
be denied to an individual who has been con- under paragraph (1)(A) that an individual aboard documented vessels engaged in com-
victed of a sexual offense prohibited under committed sexual harassment or sexual as- mercial service.
chapter 109A of title 18, except for subsection sault is conclusive in suspension and revoca- (B) If the Secretary determines there is no
(b) of section 2244 of title 18, or a substan- tion proceedings.’’. alcohol policy that can be implemented to
tially similar State, local, or Tribal offense. (b) CLERICAL AMENDMENT.—The chapter ensure a safe environment for crew and pas-
‘‘(b) ABUSIVE SEXUAL CONTACT.—A license, analysis of chapter 77 of title 46, United sengers, the Secretary shall implement a
certificate of registry, or merchant mari- States Code, is amended by inserting after prohibition on possession and consumption
ner’s document authorized to be issued under the item relating to section 7704 the fol- of alcohol by crewmembers while aboard a
this part may be denied to an individual who lowing: vessel, except when possession is associated
within 5 years before applying for the li- ‘‘7704a. Sexual harassment or sexual assault with the commercial sale or gift to non-crew
cense, certificate, or document, has been as grounds for suspension or members aboard the vessel.
convicted of a sexual offense prohibited revocation.’’. (C) To the extent a policy establishes safe
under subsection (b) of section 2244 of title SEC. 604. ACCOMMODATION; NOTICES. levels of alcohol consumption in accordance
18, or a substantially similar State, local, or Section 11101 of title 46, United States with subparagraph (A), such policy shall not
Tribal offense.’’. Code, is amended— supersede a vessel owner’s discretion to fur-
(b) CLERICAL AMENDMENT.—The analysis (1) in subsection (a)(3), by striking ‘‘and’’ ther limit or prohibit alcohol on its vessels.
for chapter 75 of title 46, United States Code, at the end; (2) IMMUNITY FROM CIVIL LIABILITY.—Any
is amended by adding at the end the fol- (2) in subsection (a)(4), by striking the pe- crewmember who reports an incident of sex-
lowing: riod at the end and inserting ‘‘; and’’; ual assault or sexual harassment that is di-
‘‘7511. Convicted sex offender as grounds for (3) in subsection (a), by adding at the end rectly related to a violation of the regula-
denial.’’. the following: tions issued under paragraph (1) is immune
SEC. 603. SEXUAL HARASSMENT OR SEXUAL AS- ‘‘(5) each crew berthing area shall be from civil liability for any related violation
SAULT AS GROUNDS FOR SUSPEN- equipped with information regarding— of such regulations.
SION OR REVOCATION.
‘‘(A) vessel owner or company policies pro- SEC. 607. SURVEILLANCE REQUIREMENTS.
(a) IN GENERAL.—Chapter 77 of title 46, hibiting sexual assault and sexual harass- (a) IN GENERAL.—Part B of subtitle II of
United States Code, is amended by inserting ment, retaliation, and drug and alcohol title 46, United States Code, is amended by
after section 7704 the following: usage; and adding at the end the following:
‘‘§ 7704a. Sexual harassment or sexual assault ‘‘(B) procedures and resources to report ‘‘CHAPTER 49—OCEANGOING NON-
as grounds for suspension or revocation crimes, including sexual assault and sexual PASSENGER COMMERCIAL VESSELS
‘‘(a) SEXUAL HARASSMENT.—If it is shown harassment, including information—
‘‘(i) on the contact information, website ‘‘Sec.
at a hearing under this chapter that a holder
address, and mobile application to the Coast ‘‘4901. Surveillance requirements.
of a license, certificate of registry, or mer-
chant mariner’s document issued under this Guard Investigative Services for reporting of ‘‘§ 4901. Surveillance requirements
part, within 5 years before the beginning of crimes and the Coast Guard National Com- ‘‘(a) IN GENERAL.—A vessel engaged in
the suspension and revocation proceedings, mand Center; commercial service that does not carry pas-
is the subject of an official finding of sexual ‘‘(ii) on vessel owner or company proce- sengers, shall maintain a video surveillance
harassment, then the license, certificate of dures to report violations of company policy system.
registry, or merchant mariner’s document and access resources; ‘‘(b) APPLICABILITY.—The requirements in
may be suspended or revoked. ‘‘(iii) on resources provided by outside or- this section shall apply to—
‘‘(b) SEXUAL ASSAULT.—If it is shown at a ganizations such as sexual assault hotlines ‘‘(1) documented vessels with overnight ac-
hearing under this chapter that a holder of a and counseling; commodations for at least 10 persons on
license, certificate of registry, or merchant ‘‘(iv) on the retention period for surveil- board—
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mariner’s document issued under this part, lance video recording after an incident of ‘‘(A) is on a voyage of at least 600 miles and
within 10 years before the beginning of the sexual harassment or sexual assault is re- crosses seaward of the Boundary Line; or
suspension and revocation proceedings, is ported; and ‘‘(B) is at least 24 meters (79 feet) in overall
the subject of an official finding of sexual as- ‘‘(v) additional items specified in regula- length and required to have a load line under
sault, then the license, certificate of reg- tions issued by, and at the discretion of, the chapter 51;
istry, or merchant mariner’s document shall Secretary of the department in which the ‘‘(2) documented vessels of at least 500
be revoked. Coast Guard is operating.’’; and gross tons as measured under section 14502,
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6531
or an alternate tonnage measured under sec- SEC. 608. MASTER KEY CONTROL. procedures and training requirements de-
tion 14302 as prescribed by the Secretary (a) IN GENERAL.—Chapter 31 of title 46, scribed in subsection (a)(5), such procedures
under section 14104 on an international voy- United States Code, is amended by adding at and requirements shall be consistent with
age; and the end the following: the requirements to report sexual harass-
‘‘(3) vessels with overnight accommoda- ‘‘§ 3106. Master key control system ment or sexual assault under section 10104.’’.
tions for at least 10 persons on board that are ‘‘(a) IN GENERAL.—The owner of a vessel SEC. 610. REQUIREMENT TO REPORT SEXUAL AS-
operating for no less than 72 hours on waters subject to inspection under section 3301 SAULT AND HARASSMENT.
superjacent to the Outer Continental Shelf. shall— Section 10104 of title 46, United States
‘‘(c) PLACEMENT OF VIDEO AND AUDIO SUR- ‘‘(1) ensure that such vessel is equipped Code, is amended by striking subsections (a)
VEILLANCE EQUIPMENT.— and (b) and inserting the following:
with a vessel master key control system,
‘‘(1) IN GENERAL.—The owner of a vessel to manual or electronic, which provides con- ‘‘(a) MANDATORY REPORTING BY CREW MEM-
which this section applies shall install video trolled access to all copies of the vessel’s BER.—
and audio surveillance equipment aboard the master key of which access shall only be ‘‘(1) IN GENERAL.—A crew member of a doc-
vessel not later than 2 years after enactment available to the individuals described in umented vessel shall report to the Secretary
of the Don Young Coast Guard Authorization paragraph (2); any complaint or incident of sexual harass-
Act of 2022, or during the next scheduled dry- ‘‘(2) establish a list of all crew, identified ment or sexual assault of which the crew-
dock, whichever is later. by position, allowed to access and use the member has first-hand or personal knowl-
‘‘(2) LOCATIONS.—Video and audio surveil- master key and maintain such list upon the edge.
lance equipment shall be placed in passage- vessel, within owner records and included in ‘‘(2) PENALTY.—A crew member with first-
ways on to which doors from staterooms the vessel safety management system; hand or personal knowledge of a sexual as-
open. Such equipment shall be placed in a ‘‘(3) record in a log book information on all sault or sexual harassment incident on a
manner ensuring the visibility of every door access and use of the vessel’s master key, in- documented vessel who knowingly fails to
in each such passageway. cluding— report in compliance with paragraph (a)(1) is
‘‘(d) NOTICE OF VIDEO AND AUDIO SURVEIL- liable to the United States Government for a
‘‘(A) dates and times of access;
LANCE.—The owner of a vessel to which this
‘‘(B) the room or location accessed; and civil penalty of not more than $5,000.
section applies shall provide clear and con- ‘‘(3) AMNESTY.—A crew member who fails
spicuous signs on board the vessel notifying ‘‘(C) the name and rank of the crew mem-
ber that used the master key; and to make the required reporting under para-
the crew of the presence of video and audio
‘‘(4) make the list under paragraph (2) and graph (1) shall not be subject to the penalty
surveillance equipment.
‘‘(e) ACCESS TO VIDEO AND AUDIO the log book under paragraph (3) available described in paragraph (2) if—
RECORDS.— upon request to any agent of the Federal Bu- ‘‘(A) the crew member is the victim of such
‘‘(1) IN GENERAL.—The owner of a vessel to reau of Investigation, any member of the sexual assault or sexual harassment inci-
which this section applies shall provide to Coast Guard, and any law enforcement offi- dent;
any Federal, state, or other law enforcement cer performing official duties in the course ‘‘(B) the complaint is shared in confidence
official performing official duties in the and scope of an investigation. with the crew member directly from the vic-
course and scope of a criminal or marine ‘‘(b) PROHIBITED USE.—Crew not included tim; or
safety investigation, upon request, a copy of on the list described in subsection (a)(2) shall ‘‘(C) the crew member is a victim advocate
all records of video and audio surveillance not have access to or use the master key un- as defined in section 40002(a) of the Violent
that the official believes is relevant to the less in an emergency and shall immediately Crime Control and Law Enforcement Act of
investigation. notify the master and owner of the vessel 1994 (34 U.S.C. 12291(a)).
‘‘(2) CIVIL ACTIONS.—Except as proscribed following use of such key. ‘‘(b) MANDATORY REPORTING BY VESSEL
by law enforcement authorities or court ‘‘(c) REQUIREMENTS FOR LOG BOOK.—The OWNER.—
order, the owner of a vessel to which this log book described in subsection (a)(3) and ‘‘(1) IN GENERAL.—A vessel owner or man-
section applies shall, upon written request, required to be included in a safety manage- aging operator of a documented vessel or the
provide to any individual or the individual’s ment system under section 3203(a)(6)— employer of a seafarer on that vessel shall
legal representative a copy of all records of ‘‘(1) may be electronic; and report to the Secretary any complaint or in-
video and audio surveillance— ‘‘(2) shall be located in a centralized loca- cident of harassment, sexual harassment, or
‘‘(A) in which the individual is a subject of tion that is readily accessible to law enforce- sexual assault in violation of employer pol-
the video and audio surveillance; ment personnel. icy or law, of which such vessel owner or
‘‘(d) PENALTY.—Any crew member who uses managing operator of a vessel engaged in
‘‘(B) the request is in conjunction with a
the master key without having been granted commercial service, or the employer of the
legal proceeding or investigation; and
access pursuant to subsection (a)(2) shall be seafarer is made aware. Such reporting shall
‘‘(C) that may provide evidence of any sex-
liable to the United States Government for a include results of any investigation into the
ual harassment or sexual assault incident in
civil penalty of not more than $1,000 and may incident, if applicable, and any action taken
a civil action.
be subject to suspension or revocation under against the offending crewmember.
‘‘(3) LIMITED ACCESS.—The owner of a ves-
section 7703. ‘‘(2) PENALTY.—A vessel owner or man-
sel to which this section applies shall ensure
‘‘(e) EXEMPTION.—This section shall not aging operator of a vessel engaged in com-
that access to records of video and audio sur-
apply to vessels subject to section 3507(f).’’. mercial service, or the employer of a sea-
veillance is limited to the purposes described (b) CLERICAL AMENDMENT.—The analysis
in this paragraph and not used as part of a farer on that vessel who knowingly fails to
for chapter 31 of title 46, United States Code, report in compliance with paragraph (1) is
labor action against a crew member or em- is amended by adding at the end the fol-
ployment dispute unless used in a criminal liable to the United States Government for a
lowing: civil penalty of not more than $25,000.
or civil action.
‘‘(f) RETENTION REQUIREMENTS.—The owner ‘‘3106. Master key control system.’’. ‘‘(c) REPORTING PROCEDURES.—
of a vessel to which this section applies shall SEC. 609. SAFETY MANAGEMENT SYSTEMS. ‘‘(1) CREW MEMBER REPORTING.—A report
retain all records of audio and video surveil- Section 3203 of title 46, United States Code, required under subsection (a)—
lance for not less than 150 days after the is amended— ‘‘(A) with respect to a crew member, shall
footage is obtained. Any video and audio sur- (1) in subsection (a)— be made as soon as practicable, but no later
veillance found to be associated with an al- (A) by redesignating paragraphs (5) and (6) than 10 days after the crew member develops
leged incident should be preserved for not as paragraphs (7) and (8); and first-hand or personal knowledge of the sex-
less than 4 years from the date of the alleged (B) by inserting after paragraph (4) the fol- ual assault or sexual harassment incident to
incident. The Federal Bureau of Investiga- lowing: the Coast Guard National Command Center
tion and the Coast Guard are authorized ac- ‘‘(5) with respect to sexual harassment and by the fastest telecommunication channel
cess to all records of video and audio surveil- sexual assault, procedures for, and annual available; and
lance relevant to an investigation into training requirements for all shipboard per- ‘‘(B) with respect to a master, shall be
criminal conduct. sonnel on— made immediately after the master develops
‘‘(g) DEFINITION.—In this section, the term ‘‘(A) prevention; first-hand or personal knowledge of a sexual
‘owner’ means the owner, charterer, man- ‘‘(B) bystander intervention; assault incident to the Coast Guard National
aging operator, master, or other individual ‘‘(C) reporting; Command Center by the fastest tele-
in charge of a vessel. ‘‘(D) response; and communication channel available.
‘‘(h) EXEMPTION.—Fishing vessels, fish ‘‘(E) investigation; ‘‘(2) VESSEL OWNER REPORTING.—A report
processing vessels, and fish tender vessels ‘‘(6) the log book required under section required under subsection (b) shall be made
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are exempt from this section.’’. 3106;’’; immediately after the vessel owner, man-
(b) CLERICAL AMENDMENT.—The table of (2) by redesignating subsections (b) and (c) aging operator, or employer of the seafarer
chapters for subtitle II of title 46, United as subsections (c) and (d), respectively; and gains knowledge of a sexual assault or sexual
States Code, is amended by adding after the (3) by inserting after subsection (a) the fol- harassment incident by the fastest tele-
item related to chapter 47 the following: lowing: communication channel available, and such
‘‘49. Oceangoing Non-Passenger Com- ‘‘(b) PROCEDURES AND TRAINING REQUIRE- report shall be made to the Coast Guard Na-
mercial Vessels ............................ 4901’’. MENTS.—In prescribing regulations for the tional Command Center and to—
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H6532 CONGRESSIONAL RECORD — HOUSE July 14, 2022
‘‘(A) the nearest Coast Guard Captain of ‘‘(2) aeromedical evacuation will be un- 522(a)), popularly known as the Truman-
the Port; or available during the travel period referenced Hobbs Act, is—
‘‘(B) the appropriate officer or agency of in paragraph (1).’’. (1) reinstated as it appeared on the day be-
the government of the country in whose (b) CLERICAL AMENDMENT.—The table of fore the date of enactment of section 8507(b)
waters the incident occurs. sections for chapter 5 of title 14, United of the William M. (Mac) Thornberry National
‘‘(3) CONTENTS.—A report required under States Code, is amended by adding at the end Defense Authorization Act for Fiscal Year
subsections (a) and (b) shall include, to the the following: 2021 (Public Law 116–283); and
best of the reporter’s knowledge— ‘‘564. Administration of sexual assault foren- (2) redesignated as the sole text of section
‘‘(A) the name, official position or role in sic examination kits.’’. 12 of the Act of June 21, 1940 (33 U.S.C. 522).
relation to the vessel, and contact informa- (b) EFFECTIVE DATE.—The provision rein-
TITLE VII—TECHNICAL AND CONFORMING
tion of the individual making the report; stated by subsection (a) shall be treated as if
PROVISIONS
‘‘(B) the name and official number of the such section 8507(b) had never taken effect.
documented vessel; SEC. 701. TECHNICAL CORRECTIONS. (c) CONFORMING AMENDMENT.—The provi-
‘‘(C) the time and date of the incident; (a) Section 319(b) of title 14, United States sion reinstated under subsection (a) is
‘‘(D) the geographic position or location of Code, is amended by striking ‘‘section 331 of amended by striking ‘‘, except to the extent
the vessel when the incident occurred; and the FAA Modernization and Reform Act of provided in this section’’.
‘‘(E) a brief description of the alleged sex- 2012 (49 U.S.C. 40101 note)’’ and inserting AMENDMENT NO. 543 OFFERED BY MR. KATKO OF
ual harassment or sexual assault being re- ‘‘section 44801 of title 49’’. NEW YORK
ported. (b) Section 1156(c) of title 14, United States
At the end of title LIII of division E of the
‘‘(4) INFORMATION COLLECTION.—After re- Code, is amended by striking ‘‘section 331 of
bill, add the following:
ceipt of the report made under this sub- the FAA Modernization and Reform Act of
SEC. 5306. PRELIMINARY DAMAGE ASSESSMENT.
section, the Coast Guard will collect infor- 2012 (49 U.S.C. 40101 note)’’ and inserting
‘‘section 44801 of title 49’’. (a) FINDINGS.—Congress finds the fol-
mation related to the identity of each al- lowing:
leged victim, alleged perpetrator, and wit- SEC. 702. TRANSPORTATION WORKER IDENTI-
FICATION CREDENTIAL TECHNICAL
(1) Preliminary damage assessments play a
ness through means designed to protect, to critical role in assessing and validating the
the extent practicable, the personal identifi- AMENDMENTS.
(a) IN GENERAL.—Section 70105 of title 46, impact and magnitude of a disaster.
able information of such individuals. (2) Through the preliminary damage as-
‘‘(d) REGULATIONS.—The requirements of United States Code, is amended—
(1) in the section heading by striking ‘‘se- sessment process, representatives from the
this section are effective as of the date of en-
curity cards’’ and inserting ‘‘worker identi- Federal Emergency Management Agency
actment of the Don Young Coast Guard Au-
fication credentials’’; validate information gathered by State and
thorization Act of 2022. The Secretary may
issue additional regulations to implement (2) by striking ‘‘transportation security local officials that serves as the basis for dis-
the requirements of this section.’’. card’’ each place it appears and inserting aster assistance requests.
SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY ‘‘transportation worker identification cre- (3) Various factors can impact the duration
OR DEATH OF SEAMEN. dential’’; of a preliminary damage assessment and the
(a) PERSONAL INJURY TO OR DEATH OF SEA- (3) by striking ‘‘transportation security corresponding submission of a major disaster
MEN.—Section 30104(a) of title 46, United cards’’ each place it appears and inserting request, however, the average time between
States Code, as so designated by section ‘‘transportation worker identification cre- when a disaster occurs, and the submission
505(a)(1), is amended by inserting ‘‘, includ- dentials’’; of a corresponding disaster request has been
ing an injury resulting from sexual assault (4) by striking ‘‘card’’ each place it appears found to be approximately twenty days
or sexual harassment,’’ after ‘‘in the course and inserting ‘‘credential’’ longer for flooding disasters.
of employment’’. (5) in the heading for subsection (b) by (4) With communities across the country
(b) TIME LIMIT ON BRINGING MARITIME AC- striking ‘‘CARDS’’ and inserting ‘‘CREDEN- facing increased instances of catastrophic
TION.—Section 30106 of title 46, United States TIALS’’;
flooding and other extreme weather events,
Code, is amended— (6) in subsection (g), by striking ‘‘Assistant accurate and efficient preliminary damage
(1) in the section heading by striking ‘‘for Secretary of Homeland Security for’’ and in- assessments have become critically impor-
personal injury or death’’; serting ‘‘Administrator of’’; tant to the relief process for impacted States
(2) by striking ‘‘Except as otherwise’’ and (7) by striking subsection (i) and redesig- and municipalities.
inserting the following: (b) REPORT TO CONGRESS.—
nating subsections (j) and (k) as subsections
‘‘(a) IN GENERAL.—Except as otherwise’’; (1) IN GENERAL.—Not later than 90 days
(i) and (j), respectively;
and after the date of enactment of this Act, the
(8) by striking subsection (l) and redesig-
(3) by adding at the end the following: Administrator of the Federal Emergency
nating subsections (m) through (q) as sub-
‘‘(b) EXTENSION FOR SEXUAL OFFENSE.—A Management Agency shall submit to Con-
sections (k) through (o), respectively;
civil action under subsection (a) arising out gress a report describing the preliminary
(9) in subsection (j), as so redesignated—
of a maritime tort for a claim of sexual har- damage assessment process, as supported by
(A) in the subsection heading by striking
assment or sexual assault shall be brought the Federal Emergency Management Agency
‘‘SECURITY CARD’’ and inserting ‘‘WORKER
not more than 5 years after the cause of ac- in the 5 years before the date of enactment
IDENTIFICATION CREDENTIAL’’; and
tion for a claim of sexual harassment or sex- of this Act.
ual assault arose.’’. (B) in the heading for paragraph (2) by
(2) CONTENTS.—The report described in
(c) CLERICAL AMENDMENT.—The analysis striking ‘‘SECURITY CARDS’’ and inserting
paragraph (1) shall contain the following:
for chapter 301 of title 46, United States ‘‘WORKER IDENTIFICATION CREDENTIAL’’;
(A) The process of the Federal Emergency
Code, is amended by striking the item re- (10) in subsection (k)(1), as so redesignated,
Management Agency for deploying personnel
lated to section 30106 and inserting the fol- by striking ‘‘subsection (k)(3)’’ and inserting
to support preliminary damage assessments.
lowing: ‘‘subsection (j)(3)’’; and
(B) The number of Agency staff partici-
‘‘30106. Time limit on bringing maritime ac- (11) in subsection (o), as so redesignated—
pating on disaster assessment teams.
tion.’’. (A) in the subsection heading by striking
(C) The training and experience of such
‘‘SECURITY CARD’’ and inserting ‘‘WORKER
SEC. 612. ADMINISTRATION OF SEXUAL ASSAULT staff described in subparagraph (B).
FORENSIC EXAMINATION KITS. IDENTIFICATION CREDENTIAL’’;
(D) A calculation of the average amount of
(a) IN GENERAL.—Chapter 5 of title 14, (B) in paragraph (1)—
time disaster assessment teams described in
United States Code, is amended by adding at (i) by striking ‘‘subsection (k)(3)’’ and in-
subparagraph (A) are deployed to a disaster
the end the following: serting ‘‘subsection (j)(3)’’; and
area.
(ii) by striking ‘‘This plan shall’’ and in-
‘‘§ 564. Administration of sexual assault foren- (E) The efforts of the Agency to maintain
serting ‘‘Such receipt and activation shall’’;
sic examination kits a consistent liaison between the Agency and
and
‘‘(a) REQUIREMENT.—A Coast Guard vessel State, local, tribal, and territorial officials
(C) in paragraph (2) by striking ‘‘on-site ac-
that embarks on a covered voyage shall be— within a disaster area.
tivation capability’’ and inserting ‘‘on-site
‘‘(1) equipped with no less than 2 sexual as- (c) PRELIMINARY DAMAGE ASSESSMENT.—
receipt and activation of transportation
sault and forensic examination kits; and (1) IN GENERAL.—Not later than 6 months
worker identification credentials’’.
‘‘(2) staffed with at least 1 medical profes- after the date of enactment of this Act, the
(b) CLERICAL AMENDMENT.—The analysis
sional qualified and trained to administer Administrator of the Federal Emergency
for chapter 701 of title 46, United States
such kits. Management Agency shall convene an advi-
Code, is amended by striking the item re-
‘‘(b) COVERED VOYAGE DEFINED.—In this sory panel consisting of emergency manage-
lated to section 70105 and inserting the fol-
dlhill on DSK120RN23PROD with HOUSE
section, the term ‘covered voyage’ means a ment personnel employed by State, local,
lowing:
prescheduled voyage of a Coast Guard vessel territorial, or tribal authorities, and the rep-
that, at any point during such voyage— ‘‘70105. Transportation worker identification resentative organizations of such personnel
‘‘(1) would require the vessel to travel 5 credentials.’’. to assist the Agency in improving critical
consecutive days or longer at 20 knots per SEC. 703. REINSTATEMENT. components of the preliminary damage as-
hour to reach a land-based or afloat medical (a) REINSTATEMENT.—The text of section sessment process.
facility; and 12(a) of the Act of June 21, 1940 (33 U.S.C. (2) MEMBERSHIP.—
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6533
(A) IN GENERAL.—This advisory panel shall ‘‘(i) the percentage of the population for (1) ANNUAL REPORT.—Section 808(e)(2) of
consist of at least 2 representatives from na- whom poverty status is determined; the Fair Housing Act (42 U.S.C. 3608(e)(2)) is
tional emergency management organizations ‘‘(ii) the percentage of the population al- amended—
and at least 1 representative from each of ready receiving Government assistance such (A) in subparagraph (A) by striking ‘‘and’’
the 10 regions of the Federal Emergency as Supplemental Security Income and Sup- at the end;
Management Agency, selected from emer- plemental Nutrition Assistance Program (B) in subparagraph (B)(iii) by striking the
gency management personnel employed by benefits; semicolon and inserting ‘‘; and’’; and
State, local, territorial, or tribal authorities ‘‘(iii) the pre-disaster unemployment rate; (C) by inserting after subparagraph (B) the
within each region. ‘‘(iv) the percentage of the population that following new subparagraph:
(B) INCLUSION ON PANEL.—To the furthest is 65 years old and older; ‘‘(C) containing tabulations of the number
extent practicable, representation on the ad- ‘‘(v) the percentage of the population 18 of instances in the preceding year in which
visory panel shall include emergency man- years old and younger; complaints of discriminatory housing prac-
agement personnel from both rural and ‘‘(vi) the percentage of the population with tices were filed with the Department of
urban jurisdictions. a disability; Housing and Urban Development or a fair
(3) CONSIDERATIONS.—The advisory panel ‘‘(vii) the percentage of the population who housing assistance program, including iden-
convened under paragraph (1) shall— speak a language other than English and tification of whether each complaint was
(A) consider— speak English less than ‘very well’; and filed with respect to discrimination based on
(i) establishing a training regime to ensure ‘‘(viii) any unique considerations regarding race, color, religion, national origin, sex,
preliminary damage assessments are con- American Indian and Alaskan Native Tribal handicap, or familial status.’’.
ducted and reviewed under consistent guide- populations raised in the State’s request for (2) SEXUAL HARASSMENT.—Section 808 of
lines; a major disaster declaration that may not be the Fair Housing Act (42 U.S.C. 3608) is
(ii) utilizing a common technological plat- reflected in the data points referenced in this amended by adding at the end the following
form to integrate data collected by State subparagraph; new subsection:
and local governments with data collected ‘‘(C) the impact to community infrastruc- ‘‘(g) In carrying out the reporting obliga-
by the Agency; and ture, including— tions under this section, the Secretary
(iii) assessing instruction materials pro- ‘‘(i) disruptions to community life-saving shall—
vided by the Agency for omissions of perti- and life-sustaining services; ‘‘(1) consider a complaint filed with respect
nent information or language that conflicts ‘‘(ii) disruptions or increased demand for to discrimination based on sex to include
with other statutory requirements; and essential community services; and any complaint filed with respect to sexual
(B) identify opportunities for streamlining ‘‘(iii) disruptions to transportation, infra- harassment; and
the consideration of preliminary damage as- structure, and utilities; and ‘‘(2) in reporting the instances of a com-
sessments by the Agency, including elimi- ‘‘(D) any other information relevant to plaint filed with respect to discrimination
nating duplicative paperwork requirements demonstrate severe local impacts.’’. based on sex under subsection (e)(2)(C), in-
and ensuring consistent communication and (b) GAO REVIEW OF A FINAL RULE.— clude a disaggregated tabulation of the total
decision making among Agency staff. (1) IN GENERAL.—The Comptroller General number of such complaints filed with respect
(4) INTERIM REPORT.—Not later than 18 shall conduct a review of the Federal Emer- to sexual harassment.’’.
months after the date of enactment of this gency Management Agency’s implementa- (3) INITIATIVE TO COMBAT SEXUAL HARASS-
Act, the Administrator shall submit to Con-
tion of its final rule, published on March 21, MENT IN HOUSING.—Title IX of the Fair Hous-
gress a report regarding the findings of the
2019, amending section 206.48(b) of title 44, ing Act (42 U.S.C. 3631) is amended by adding
advisory panel, steps that will be undertaken
Code of Federal Regulations (regarding fac- at the end the following:
by the Agency to implement the findings of
tors considered when evaluating a Gov- ‘‘SEC. 902. INITIATIVE TO COMBAT SEXUAL HAR-
the advisory panel, and additional legisla-
ernor’s request for a major disaster declara- ASSMENT IN HOUSING.
tion that may be necessary to implement the
tion), which revised the factors that the ‘‘The Attorney General shall establish an
findings of the advisory panel.
Agency considers when evaluating a Gov- initiative to investigate and prosecute an al-
(5) RULEMAKING AND FINAL REPORT.—Not
ernor’s request for a major disaster declara- legation of a violation under this Act with
later than 2 years after the date of enact-
tion authorizing individual assistance under respect to sexual harassment.’’.
ment of this Act, the Administrator shall
issue such regulations as are necessary to the Robert T. Stafford Disaster Relief and AMENDMENT NO. 546 OFFERED BY MR. KATKO OF
implement the recommendations of the advi- Emergency Assistance Act (42 U.S.C. 5121 et NEW YORK
sory panel and submit to Congress a report seq).
(2) SCOPE.—The review required under At the end of title LVIII, insert the fol-
discussing— lowing new section:
(A) the implementation of recommenda- paragraph (1) shall include the following:
(A) An assessment of the criteria used by SEC. 58lll. DEPARTMENT OF LABOR STUDY ON
tions from the advisory panel; FACTORS AFFECTING EMPLOYMENT
(B) the identification of any additional the Agency to assess individual assistance
OPPORTUNITIES FOR IMMIGRANTS
challenges to the preliminary damage assess- requests following a major disaster declara- AND REFUGEES WITH PROFES-
ment process, including whether specific dis- tion authorizing individual assistance. SIONAL CREDENTIALS OBTAINED IN
asters result in longer preliminary damage (B) An assessment of the consistency with FOREIGN COUNTRIES.
assessments; and which the Agency uses the updated Indi- (a) STUDY REQUIRED.—
(C) any additional legislative recommenda- vidual Assistance Declaration Factors when (1) IN GENERAL.—The Secretary of Labor, in
tions necessary to improve the preliminary assessing the impact of individual commu- coordination with the Secretary of State,
damage assessment process. nities after a major disaster declaration. the Secretary of Education, the Secretary of
AMENDMENT NO. 544 OFFERED BY MR. KATKO OF
(C) An assessment of the impact, if any, of Health and Human Services, the Secretary of
NEW YORK
using the updated Individual Assistance Dec- Commerce, the Secretary of Homeland Secu-
laration Factors has had on equity in dis- rity, the Administrator of the Internal Rev-
At the end of title LIII of division E of the
aster recovery outcomes. enue Service, and the Commissioner of the
bill, add the following:
(D) Recommendations to improve the use Social Security Administration, shall con-
SEC. 5306. DESIGNATION OF SMALL STATE AND
RURAL ADVOCATE.
of the Individual Assistance Declaration duct a study of the factors affecting employ-
Factors to increase equity in disaster recov- ment opportunities in the United States for
(a) IN GENERAL.—Section 326(c) of the Rob-
ert T. Stafford Disaster Relief and Emer- ery outcomes. applicable immigrants and refugees who
gency Assistance Act (42 U.S.C. 5165d) is (3) REPORT.—Not later than 1 year after have professional credentials that were ob-
amended— the date of the enactment of this Act, the tained in a country other than the United
(1) by striking ‘‘and’’ at the end of para- Comptroller General shall submit to the States.
graph (2); Committee on Transportation and Infra- (2) WORK WITH OTHER ENTITIES.—The Sec-
(2) by redesignating paragraph (3) as para- structure of the House of Representatives retary of Labor shall seek to work with rel-
graph (4); and and the Committee on Homeland Security evant nonprofit organizations and State
(3) by inserting after paragraph (2) the fol- and Governmental Affairs of the Senate a re- agencies to use the existing data and re-
lowing: port on the review required under this sec- sources of such entities to conduct the study
‘‘(3) assist States in the collection and tion. required under paragraph (1).
presentation of material in the disaster or AMENDMENT NO. 545 OFFERED BY MR. KATKO OF (3) LIMITATION ON DISCLOSURE.—Any infor-
emergency declaration request relevant to NEW YORK mation provided to the Secretary of Labor in
demonstrate severe localized impacts within Add at the end of title LVIII of division E connection with the study required under
dlhill on DSK120RN23PROD with HOUSE
the State for a specific incident, including— the following: paragraph (1)—
‘‘(A) the per capita personal income by SEC. lll. REQUIREMENT FOR THE SECRETARY (A) may only be used for the purposes of,
local area, as calculated by the Bureau of OF HOUSING AND URBAN DEVELOP- and to the extent necessary to ensure the ef-
Economic Analysis; MENT TO ANNUALLY REPORT COM- ficient operation of, such study; and
‘‘(B) the disaster impacted population pro- PLAINTS OF SEXUAL HARASSMENT. (B) may not be disclosed to any other per-
file, as reported by the Bureau of the Census, (a) REQUIREMENT TO ANNUALLY REPORT son or entity except as provided under this
including— COMPLAINTS OF SEXUAL HARASSMENT.— subsection.
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H6534 CONGRESSIONAL RECORD — HOUSE July 14, 2022
(b) INCLUSIONS.—The study required under SEC. 1236. CONDEMNING DETENTION AND IN- imprisoned for opposing the regime of Vladi-
subsection (a)(1) shall include— DICTMENT OF RUSSIAN OPPOSITION mir Putin and the war against Ukraine; and
LEADER VLADIMIR VLADIMIROVICH
(1) an analysis of the employment history (4) calls on the President to increase sup-
KARA-MURZA.
of applicable immigrants and refugees ad- port provided by the United States Govern-
mitted to the United States during the 5- (a) FINDINGS.—Congress finds the fol- ment for those advocating for democracy and
year period immediately preceding the date lowing: independent media in the Russian Federa-
of the enactment of this Act, which shall in- (1) Vladimir Vladimirovich Kara-Murza tion, which Vladimir Vladimirovich Kara-
clude, to the extent practicable— (referred to in this section as ‘‘Mr. Kara- Murza has worked to advance.
(A) a comparison of the employment appli- Murza’’) has tirelessly worked for decades to AMENDMENT NO. 549 OFFERED BY MR. KILMER OF
cable immigrants and refugees held before advance the cause of freedom, democracy, WASHINGTON
immigrating to the United States with the and human rights for the people of the Rus- At the end of title XI, add the following:
employment they obtained in the United sian Federation. SEC. 11ll. TEMPORARY AUTHORITY TO AP-
States, if any, since their arrival; and (2) In retaliation for his advocacy, two at- POINT RETIRED MEMBERS OF THE
(B) the occupational and professional cre- tempts have been made on Mr. Kara-Murza’s ARMED FORCES TO MILITARY
dentials and academic degrees held by appli- life, as— HEALTH SYSTEM POSITIONS.
cable immigrants and refugees before immi- (A) on May 26, 2015, Mr. Kara-Murza fell ill Section 1108 of the William M. (Mac)
grating to the United States; with symptoms indicative of poisoning and Thornberry National Defense Authorization
(2) an assessment of any barriers that pre- was hospitalized; and Act for Fiscal Year 2021 (Public Law 116–283)
vent applicable immigrants and refugees (B) on February 2, 2017, he fell ill with is amended—
from using occupational experience obtained similar symptoms and was placed in a medi- (1) in subsection (a), by striking ‘‘sub-
outside the United States to obtain employ- cally induced coma. section (b)’’ and inserting ‘‘subsection (b) or
ment in the United States; (3) Independent investigations conducted (c)’’;
(3) an analysis of available public and pri- by Bellingcat, the Insider, and Der Spiegel (2) in the heading for subsection (b), by
vate resources assisting applicable immi- found that the same unit of the Federal Se- striking ‘‘POSITIONS’’ and inserting ‘‘DE-
grants and refugees who have professional curity Service of the Russian Federation re- FENSE INDUSTRIAL BASE FACILITY POSITIONS’’;
experience and qualifications obtained out- sponsible for poisoning Mr. Kara-Murza was (3) by redesignating subsections (c), (d),
side of the United States to obtain skill-ap- responsible for poisoning Russian opposition and (e) as subsections (d), (e), and (f), respec-
propriate employment in the United States; leader Alexei Navalny and activists Timur tively;
and Kuashev, Ruslan Magomedragimov, and (4) by inserting after subsection (b) the fol-
(4) policy recommendations for better ena- Nikita Isayev. lowing:
bling applicable immigrants and refugees (4) On February 24, 2022, Vladimir Putin ‘‘(c) MILITARY HEALTH SYSTEM POSITIONS.—
who have professional experience and quali- launched another unprovoked, unjustified, The positions in the Department described in
fications obtained outside of the United and illegal invasion into Ukraine in con- this subsection are medical or health profes-
States to obtain skill-appropriate employ- travention of the obligations freely under- sion positions in the civil service within the
ment in the United States. taken by the Russian Federation to respect military health system.’’; and
(c) REPORT.—Not later than 18 months the territorial integrity of Ukraine under (5) by amending subsection (f) (as redesig-
after the date of the enactment of this sec- the Budapest Memorandum of 1994, the nated by paragraph (3) of this section) to
tion, the Secretary of Labor shall— Minsk protocols of 2014 and 2015, and inter- read as follows:
(1) submit a report to Congress that de- national law. ‘‘(f) DEFINITIONS.—In this section—
scribes the results of the study conducted (5) On March 5, 2022, Vladimir Putin signed ‘‘(1) the term ‘civil service’ has the mean-
pursuant to subsection (a); and a law criminalizing the distribution of truth- ing given that term in section 2101 of title 5,
(2) make such report publicly available on ful statements about the invasion of Ukraine United States Code;
the website of the Department of Labor. by the Russian Federation and mandating up ‘‘(2) the term ‘medical or health profession
(d) DEFINITIONS.—In this section: to 15 years in prison for such offenses. positions’ means any position listed under
(1) The term ‘‘applicable immigrants and (6) Since February 24, 2022, Mr. Kara-Murza any of paragraphs (1), (2), or (3) of section
refugees’’— has used his voice and platform to join more 7401 of title 38, United States Code; and
(A) means individuals who— than 15,000 citizens of the Russian Federa- ‘‘(3) the terms ‘member’ and ‘Secretary
(i)(I) are not citizens or nationals of the tion in peacefully protesting the war against concerned’ have the meaning given those
United States; and Ukraine and millions more who silently op- terms in section 101 of title 37, United States
(II) are lawfully present in the United pose the war. Code.’’.
States and authorized to be employed in the (7) On April 11, 2022, five police officers ar- AMENDMENT NO. 550 OFFERED BY MR. LAMALFA
United States; or rested Mr. Kara-Murza in front of his home OF CALIFORNIA
(ii) are naturalized citizens of the United and denied his right to an attorney, and the At the end of title LIII of division E of the
States who were born outside of the United next day Mr. Kara-Murza was sentenced to 15 bill, add the following:
States and its outlying possessions; and days in prison for disobeying a police order. SEC. lll. FLEXIBILITY.
(B) includes individuals described in sec- (8) On April 22, 2022, the Investigative Com- (a) IN GENERAL.—Section 1216(a) of the Dis-
tion 602(b)(2) of the Afghan Allies Protection mittee of the Russian Federation charged aster Recovery Reform Act of 2018 (42 U.S.C.
Act of 2009 (title VI of division F of Public Mr. Kara-Murza with violations under the 5174a(a)) is amended—
Law 111–8; 8 U.S.C. 1101 note). law signed on March 5, 2022, for his fact- (1) by amending paragraph (2)(A) to read as
(2) Except as otherwise defined in this sec- based statements condemning the invasion follows:
tion, terms used in this section have the of Ukraine by the Russian Federation. ‘‘(A) except as provided in subparagraph
definitions given such terms under section (9) Mr. Kara-Murza was then placed into (B), shall—
101(a) of the Immigration and Nationality pretrial detention and ordered to be held ‘‘(i) waive a debt owed to the United States
Act (8 U.S.C. 1101(a)). until at least June 12, 2022. related to covered assistance provided to an
AMENDMENT NO. 547 OFFERED BY MR. KEATING
(10) If convicted of those charges, Mr. individual or household if the covered assist-
OF MASSACHUSETTS
Kara-Murza faces detention in a penitentiary ance was distributed based on an error by the
system that human rights nongovernmental Agency and such debt shall be construed as a
Page 826, insert after line 13 the following: organizations have criticized for widespread hardship; and
SEC. 1236. PROHIBITION ON RUSSIAN PARTICIPA- torture, ill-treatment, and suspicious deaths
TION IN THE G7. ‘‘(ii) waive a debt owed to the United
of prisoners. States related to covered assistance provided
(a) STATEMENT OF POLICY.—It is the policy
(b) SENSE OF CONGRESS.—It is the sense of to an individual or household if such assist-
of the United States to exclude the Russian
Congress that Congress— ance is subject to a claim or legal action, in-
Federation from the Group of Seven or re-
(1) condemns the unjust detention and in- cluding in accordance with section 317 of the
constitute a Group of Eight that includes the
dicting of Russian opposition leader Vladi- Robert T. Stafford Disaster Relief and Emer-
Russian Federation.
mir Vladimirovich Kara-Murza, who has cou- gency Assistance Act (42 U.S.C. 5160); and’’;
(b) LIMITATION.—Notwithstanding any
rageously stood up to oppression in the Rus- and
other provision of law, no Federal funds are
sian Federation; (2) in paragraph (3)(B)—
authorized to be appropriated or otherwise
(2) expresses solidarity with Vladimir (A) by striking ‘‘REMOVAL OF’’ and insert-
made available to take any action to support
Vladimirovich Kara-Murza, his family, and ing ‘‘REPORT ON’’; and
or facilitate—
all individuals in the Russian Federation im- (B) in clause (ii) by striking ‘‘the authority
(1) the participation of the Russian Federa-
dlhill on DSK120RN23PROD with HOUSE
prisoned for exercising their fundamental of the Administrator to waive debt under
tion in a Group of Seven proceeding; or
freedoms of speech, assembly, and belief; paragraph (2) shall no longer be effective’’
(2) the reconstitution of a Group of Eight
(3) urges the United States Government and inserting ‘‘the Administrator shall re-
that includes the Russian Federation.
and other allied governments to work to se- port to the Committee on Transportation
AMENDMENT NO. 548 OFFERED BY MR. KEATING cure the immediate release of Vladimir and Infrastructure of the House of Rep-
OF MASSACHUSETTS Vladimirovich Kara-Murza, Alexei Navalny, resentatives and the Committee on Home-
Page 826, insert after line 13 the following: and other citizens of the Russian Federation land Security and Governmental Affairs of
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6535
the Senate actions that the Administrator (4) REPORT ON EXPANSION OF PROGRAM.—Not the appropriate congressional committees a
will take to reduce the error rate’’. later than 180 days after the date of the en- report on the pilot program under subsection
(b) REPORT TO CONGRESS.—The Adminis- actment of this Act, the Secretary shall sub- (a), including a description of how the pilot
trator of the Federal Emergency Manage- mit to Congress a report on whether the pro- program will be carried out in a manner to
ment Agency shall submit to the Committee gram under this section could be replicated reduce the unemployment of veterans.
on Transportation and Infrastructure of the for other medical positions within the De- (2) IMPLEMENTATION.—Not later than one
House of Representatives and the Committee partment. year after the date on which the pilot pro-
on Homeland Security and Governmental Af- (5) COVERED VETERAN DEFINED.—In this sub- gram under subsection (a) commences, the
fairs of the Senate a report containing a de- section, the term ‘‘covered veteran’’ means a Secretary of Veterans Affairs and the Secre-
scription of the internal processes used to veteran whom the Secretary determines taries concerned shall jointly submit to the
make decisions regarding the distribution of served as a basic health care technician appropriate congressional committees a re-
covered assistance under section 1216 of the while serving in the Armed Forces. port on the implementation of the pilot pro-
Disaster Recovery and Reform Act of 2018 (42 (d) NOTIFICATION OF OPPORTUNITIES FOR gram.
U.S.C. 5174a) and any changes made to such VETERANS.—The Secretary shall notify vet- (3) FINAL REPORT.—Not later than one year
processes. erans service organizations and, in coordina- after the date on which the pilot program
AMENDMENT NO. 551 OFFERED BY MR. LAMB OF tion with the Secretary of Defense, members under subsection (a) is completed, the Sec-
PENNSYLVANIA of the reserve components of the Armed retary of Veterans Affairs and the Secre-
At the end of title LI, insert the following: Forces of opportunities for veterans under taries concerned shall jointly submit to the
SEC. 51ll. USE OF VETERANS WITH MEDICAL this section. appropriate congressional committees a re-
OCCUPATIONS IN RESPONSE TO NA- (e) DEFINITIONS.—In this section: port on the pilot program that includes the
TIONAL EMERGENCIES. (1) DEPARTMENT; SECRETARY; VETERAN.— following:
(a) UPDATE OF WEB PORTAL TO IDENTIFY The terms ‘‘Department’’, ‘‘Secretary’’, (A) The number of veterans who applied to
VETERANS WHO HAD MEDICAL OCCUPATIONS AS ‘‘State home’’, and ‘‘veteran’’ have the participate in the pilot program.
MEMBERS OF THE ARMED FORCES.— meanings given those terms in section 101 of (B) The number of such veterans employed
(1) IN GENERAL.—The Secretary shall up- title 38, United States Code. under the pilot program.
date existing web portals of the Department (2) VETERANS SERVICE ORGANIZATION.—The (C) The number of veterans identified in
to allow the identification of veterans who term ‘‘veterans service organization’’ means subparagraph (B) who transitioned to full-
had a medical occupation as a member of the an organization that provides services to time positions with the Federal Government
Armed Forces. veterans, including organizations recognized after participating in the pilot program.
(2) INFORMATION IN PORTAL.— by the Secretary of Veterans Affairs under (D) Any other information the Secretaries
(A) IN GENERAL.—An update to a portal section 5902 of title 38, United States Code. determine appropriate with respect to meas-
under paragraph (1) shall allow a veteran to uring the effectiveness of the pilot program.
AMENDMENT NO. 552 OFFERED BY MR. LAMB OF
elect to provide the following information: (h) DURATION.—The authority to carry out
PENNSYLVANIA
(i) Contact information for the veteran. the pilot program under subsection (a) shall
(ii) A history of the medical experience and At the end of title LI, insert the following: terminate on the date that is two years after
trained competencies of the veteran. SEC. 51ll. PILOT PROGRAM TO EMPLOY VET- the date on which the pilot program com-
(B) INCLUSIONS IN HISTORY.—To the extent ERANS IN POSITIONS RELATING TO mences.
practicable, histories provided under sub- CONSERVATION AND RESOURCE (i) DEFINITIONS.—In this section:
MANAGEMENT ACTIVITIES. (1) The term ‘‘appropriate congressional
paragraph (A)(ii) shall include individual
critical task lists specific to military occu- (a) ESTABLISHMENT.—The Secretary of Vet- committees’’ means—
pational specialties that align with existing erans Affairs and the Secretaries concerned (A) the Committee on Veterans’ Affairs,
standard occupational codes maintained by shall jointly establish a pilot program under the Committee on Agriculture, and the Com-
the Bureau of Labor Statistics. which veterans are employed by the Federal mittee on Natural Resources of the House of
(b) PROGRAM ON PROVISION TO STATES OF Government in positions that relate to the Representatives; and
INFORMATION ON VETERANS WITH MEDICAL conservation and resource management ac- (B) the Committee on Veterans’ Affairs,
SKILLS OBTAINED DURING SERVICE IN THE tivities of the Department of the Interior the Committee on Agriculture, Nutrition,
ARMED FORCES.—For purposes of facilitating and the Department of Agriculture. and Forestry, and the Committee on Energy
civilian medical credentialing and hiring op- (b) ADMINISTRATION.—The Secretary of and Natural Resources of the Senate.
portunities for veterans seeking to respond Veterans Affairs shall administer the pilot (2) The term ‘‘resource management’’
to a national emergency, including a public program under subsection (a). means approved conservation practices
health emergency declared by the Secretary (c) POSITIONS.—The Secretaries concerned which, when properly planned and applied,
of Health and Human Services under section shall— work in tandem to provide environmental
319 of the Public Health Service Act (42 (1) identify vacant positions in the respec- conservation and protection for soil, water,
U.S.C. 247d), the Secretary, in coordination tive Departments of the Secretaries that are air, plant, and animal resources.
with the Secretary of Defense and the Sec- appropriate to fill using the pilot program (3) The term ‘‘Secretary concerned’’
retary of Labor, shall establish a program to under subsection (a); and means—
share information specified in section 3(b) (2) to the extent practicable, fill such posi- (A) the Secretary of Agriculture with re-
with the following: tions using the pilot program. spect to matters regarding the National For-
(1) State departments of veterans affairs. (d) APPLICATION OF CIVIL SERVICE LAWS.—A est System and the Department of Agri-
(2) Veterans service organizations. veteran employed under the pilot program culture; and
(3) State credentialing bodies. under subsection (a) shall be treated as an (B) the Secretary of the Interior with re-
(4) State homes. employee as defined in section 2105 of title 5, spect to matters regarding the National
(5) Other stakeholders involved in State- United States Code. Park System and the Department of the In-
level credentialing, as determined appro- (e) BEST PRACTICES FOR OTHER DEPART- terior.
priate by the Secretary. MENTS.—The Secretary of Veterans Affairs
AMENDMENT NO. 553 OFFERED BY MR. LANGEVIN
(c) PROGRAM ON TRAINING OF INTERMEDIATE shall establish guidelines containing best OF RHODE ISLAND
CARE TECHNICIANS OF DEPARTMENT OF VET- practices for departments and agencies of
Add at the end of title LII of division E the
ERANS AFFAIRS.— the Federal Government that carry out pro-
following:
(1) ESTABLISHMENT.—The Secretary shall grams to employ veterans who are
SEC. 5206. CRITICAL TECHNOLOGY SECURITY
implement a program to train covered vet- transitioning from service in the Armed CENTERS.
erans to work as intermediate care techni- Forces. Such guidelines shall include— (a) CRITICAL TECHNOLOGY SECURITY CEN-
cians of the Department. (1) lessons learned under the Warrior TERS.—Title III of the Homeland Security
(2) LOCATIONS.—The Secretary may place Training Advancement Course of the Depart- Act of 2002 (6 U.S.C. 181 et seq.) is amended
an intermediate care technician trained ment of Veterans Affairs; and by adding at the end the following new sec-
under the program under paragraph (1) at (2) methods to realize cost savings based on tion:
any medical center of the Department, giv- such lessons learned. ‘‘SEC. 323. CRITICAL TECHNOLOGY SECURITY
ing priority to a location with a significant (f) PARTNERSHIP.—The Secretary of Vet- CENTERS.
staffing shortage. erans Affairs, the Secretaries concerned, and ‘‘(a) ESTABLISHMENT.—Not later than 180
(3) INCLUSION OF INFORMATION IN TRANSITION the Secretary of Defense may enter into a days after the date of the enactment of this
ASSISTANCE PROGRAM.—As part of the Transi- partnership to include the pilot program section, the Secretary, acting through the
tion Assistance Program under sections 1142 under subsection (a) as part of the Under Secretary for Science and Technology,
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and 1144 of title 10, United States Code, the Skillbridge program under section 1143 of and in coordination with the Director, shall
Secretary shall prepare a communications title 10, United States Code. award grants, contracts, or cooperative
campaign to convey opportunities for train- (g) REPORTS.— agreements to covered entities for the estab-
ing, certification, and employment under the (1) INITIAL REPORT.—Not later than 60 days lishment of not fewer than two cybersecu-
program under paragraph (1) to appropriate after the date of the enactment of this Act, rity-focused Critical Technology Security
members of the Armed Forces separating the Secretary of Veterans Affairs and the Centers to evaluate and test the security of
from active duty. Secretaries concerned shall jointly submit to critical technology.
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H6536 CONGRESSIONAL RECORD — HOUSE July 14, 2022
‘‘(b) EVALUATION AND TESTING.—In carrying by the Under Secretary or Director under secure coding practices and secure systems
out the evaluation and testing of the secu- subsection (d), to the greatest extent prac- architecture.
rity of critical technology pursuant to sub- ticable activities carried out pursuant to the ‘‘(3) PRIORITY.—In awarding grants under
section (a), the Critical Technology Security responsibilities specified in subsection (e) paragraph (1), a Critical Technology Secu-
Centers referred to in such subsection shall shall leverage risk-based evaluations to rity Center shall prioritize, to the greatest
address the following technologies: focus on activities that have the greatest ef- extent practicable, the following:
‘‘(1) The security of information and com- fect practicable on the security of the crit- ‘‘(A) Where applicable, open source soft-
munications technology that underpins na- ical technologies within each Critical Tech- ware components identified in guidance from
tional critical functions related to commu- nology Security Center’s remit, such as the the Director, or if no such guidance is so pro-
nications. following: vided, utilizing the risk-based evaluation de-
‘‘(2) The security of networked industrial ‘‘(1) Developing capabilities that can de- scribed in subsection (f).
equipment, such as connected programmable tect or eliminate entire classes of ‘‘(B) Activities that most promote the
data logic controllers and supervisory con- vulnerabilities. long-term security of the open source soft-
trol and data acquisition servers. ‘‘(2) Testing for vulnerabilities in the most ware ecosystem.
‘‘(3) The security of open source software widely used technology or vulnerabilities ‘‘(l) BIENNIAL REPORTS TO UNDER SEC-
that underpins national critical functions. that affect many such critical technologies. RETARY.—Not later than one year after the
‘‘(4) The security of critical software used ‘‘(g) COORDINATED VULNERABILITY DISCLO- date of the enactment of this section and
by the Federal Government. SURE PROCESSES.—Each Critical Technology every two years thereafter, each Critical
‘‘(c) ADDITION OR TERMINATION OF CEN- Security Center shall establish, in coordina- Technology Security Center shall submit to
TERS.— tion with the Director, coordinated vulner- the Under Secretary for Science and Tech-
‘‘(1) IN GENERAL.—The Under Secretary for ability disclosure processes regarding the nology and Director a report that includes
Science and Technology may, in coordina- disclosure of vulnerabilities that— the following:
tion with the Director, award or terminate ‘‘(1) are adhered to when a vulnerability is ‘‘(1) A summary of the work performed by
grants, contracts, or cooperative agreements discovered or disclosed by each such Center, such Center.
to covered entities for the establishment of consistent with international standards and ‘‘(2) Information relating to the allocation
additional or termination of existing Critical coordinated vulnerability disclosure best of Federal funds at such Center.
Technology Security Centers to address crit- practices; and ‘‘(3) A description of each vulnerability
ical technologies. ‘‘(2) are published on the website of each that has been publicly disclosed pursuant to
‘‘(2) LIMITATION.—The authority provided such Center. subsection (g), including information relat-
under paragraph (1) may be exercised except ‘‘(h) APPLICATION.—To be eligible for an ing to the corresponding software weakness.
if such exercise would result in the operation award of a grant, contract, or cooperative ‘‘(4) An assessment of the criticality of
at any time of fewer than two Critical Tech- agreement as a Critical Technology Security each such vulnerability.
nology Security Centers. Center pursuant to subsection (a), a covered ‘‘(5) A list of critical technologies studied
‘‘(d) SELECTION OF CRITICAL TECH- entity shall submit to the Secretary an ap- by such Center.
NOLOGIES.— plication at such time, in such manner, and ‘‘(6) An overview of the methodologies used
‘‘(1) IN GENERAL.—Before awarding a grant, including such information as the Secretary by such Center, such as tactics, techniques,
contract, or cooperative agreement to a cov- may require. and procedures.
ered entity to establish a Critical Tech- ‘‘(i) PUBLIC REPORTING OF ‘‘(7) A description of such Center’s develop-
nology Security Center, the Under Secretary VULNERABILITIES.—The Under Secretary for ment of capabilities for vulnerability dis-
for Science and Technology shall coordinate Science and Technology shall ensure that covery, management, and mitigation.
with the Director, who shall provide the vulnerabilities discovered by a Critical Tech- ‘‘(8) A summary of such Center’s support to
Under Secretary a list of critical tech- nology Security Center are reported to the existing communities of interest, including
nologies or specific guidance on such tech- National Vulnerability Database of the Na- an accounting of dispersed grant funds.
nologies that would be within the remit of tional Institute of Standards and Tech- ‘‘(9) For such Center, if applicable, a sum-
any such Center. nology, as appropriate and using the coordi- mary of any grants awarded during the pe-
‘‘(2) EXPANSION AND MODIFICATION.—The nated vulnerability disclosure processes es- riod covered by the report that includes the
Under Secretary for Science and Technology, tablished under subsection (g). following:
in coordination with the Director, is author- ‘‘(j) ADDITIONAL GUIDANCE.—The Under
‘‘(A) An identification of the entity to
ized to expand or modify at any time the list Secretary for Science and Technology, in co-
which each such grant was awarded.
of critical technologies or specific guidance ordination with the Director, shall develop,
‘‘(B) The amount of each such grant.
on technologies referred to in paragraph (1) and periodically update, guidance, including
‘‘(C) The purpose of each such grant.
that is within the remit of a proposed or es- eligibility and any additional requirements,
‘‘(D) The expected impact of each such
tablished Critical Technology Security Cen- relating to how Critical Technology Security
grant.
ter. Centers may award grants to communities of
‘‘(10) The coordinated vulnerability disclo-
‘‘(e) RESPONSIBILITIES.—In carrying out the interest pursuant to subsection (e)(5) to re-
sure processes established by such Center.
evaluation and testing of the security of mediate vulnerabilities and take other ac- ‘‘(m) REPORTS TO CONGRESS.—Upon receiv-
critical technology pursuant to subsection tions under such subsection and subsection ing the reports required under subsection (l),
(a), the Critical Technology Security Centers (k). the Under Secretary for Science and Tech-
referred to in such subsection shall each ‘‘(k) OPEN SOURCE SOFTWARE SECURITY nology shall submit to the appropriate con-
have the following responsibilities: GRANTS.— gressional committees a report that in-
‘‘(1) Conducting rigorous security testing ‘‘(1) IN GENERAL.—Any Critical Technology cludes, with respect to each Critical Tech-
to identify vulnerabilities in such tech- Security Center addressing open source soft- nology Security Center, the reports received
nologies. ware security may award grants, in con- in subsection (l). Where applicable, the
‘‘(2) Utilizing the coordinated vulnerability sultation with the Under Secretary for Under Secretary shall include an explanation
disclosure processes established under sub- Science and Technology and Director, to in- for any deviations from the list of critical
section (g) to report to the developers of dividual open source software developers and technologies studied by a Center from the
such technologies and, as appropriate, to the maintainers, nonprofit organizations, and list of critical technologies or specific guid-
Cybersecurity and Infrastructure Security other non-Federal entities as determined ap- ance relating to such technologies provided
Agency, information relating to propriate by any such Center, to fund im- by the Director before the distribution of
vulnerabilities discovered and any informa- provements to the security of the open funding to such Center.
tion necessary to reproduce such source software ecosystem. ‘‘(n) CONSULTATION WITH RELEVANT AGEN-
vulnerabilities. ‘‘(2) IMPROVEMENTS.—A grant awarded CIES.—In carrying out this section, the Under
‘‘(3) Developing new capabilities for im- under paragraph (1) may include improve- Secretary shall consult with the heads of
proving the security of such technologies, in- ments such as the following: other Federal agencies conducting cyberse-
cluding vulnerability discovery, manage- ‘‘(A) Security audits. curity research, including the following:
ment, and mitigation. ‘‘(B) Funding for developers to patch ‘‘(1) The National Institute of Standards
‘‘(4) Assessing the security of software, vulnerabilities. and Technology.
firmware, and hardware that underpin na- ‘‘(C) Addressing code, infrastructure, and ‘‘(2) The National Science Foundation.
tional critical functions. structural weaknesses, including rewrites of ‘‘(3) Relevant agencies within the Depart-
‘‘(5) Supporting existing communities of open source software components in mem- ment of Energy.
interest, including through grant making, in ory-safe programming languages. ‘‘(4) Relevant agencies within the Depart-
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remediating vulnerabilities discovered with- ‘‘(D) Research and tools to assess and im- ment of Defense.
in such technologies. prove the overall security of the open source ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(6) Utilizing findings to inform and sup- software ecosystem, such as improved soft- There are authorized to be appropriated to
port the future work of the Cybersecurity ware fault isolation techniques. carry out this section the following:
and Infrastructure Security Agency. ‘‘(E) Training and other tools to aid open ‘‘(1) $40,000,000 for fiscal year 2023.
‘‘(f) RISK BASED EVALUATIONS.—Unless oth- source software developers in the secure de- ‘‘(2) $42,000,000 for fiscal year 2024.
erwise directed pursuant to guidance issued velopment of open source software, including ‘‘(3) $44,000,000 for fiscal year 2025.
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6537
‘‘(4) $46,000,000 for fiscal year 2026. laboration with the Agency, and the degree ‘‘(3) REPORTED INFORMATION.—The require-
‘‘(5) $49,000,000 for fiscal year 2027. to which such operational collaboration ments under paragraph (2) may include obli-
‘‘(p) DEFINITIONS.—In this section: would benefit national security. gations for systemically important entities
‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(C) The entity’s role and prominence to—
TEES.—The term ‘appropriate congressional within critical supply chains or in the deliv- ‘‘(A) identify critical assets, systems, sup-
committees’ means— ery of critical functions. pliers, technologies, software, services, proc-
‘‘(A) the Committee on Homeland Security ‘‘(D) Any other factors the Secretary de- esses, or other dependencies that would in-
of the House of Representatives; and termines appropriate. form the Federal Government’s under-
‘‘(B) the Committee on Homeland Security ‘‘(3) ELEMENTS.—The Secretary shall de- standing of the risks to national critical
and Governmental Affairs of the Senate. velop a mechanism for owners and operators functions present in the entity’s supply
‘‘(2) COVERED ENTITY.—The term ‘covered of critical infrastructure to submit informa- chain;
entity’ means a university or federally-fund- tion to assist the Secretary in making des- ‘‘(B) associate specific third-party entities
ed research and development center, includ- ignations under this subsection. with the supply chain dependencies identi-
ing a national laboratory, or a consortia ‘‘(b) DESIGNATION OF SYSTEMICALLY IMPOR- fied under subparagraph (A);
thereof. TANT ENTITIES.— ‘‘(C) detail the supply chain risk manage-
‘‘(3) CRITICAL TECHNOLOGY.—The term ‘crit- ‘‘(1) IN GENERAL.—The Secretary, using the ment practices put in place by the system-
ical technology’ means technology that un- criteria and procedures established under ically important entity, including, where ap-
derpins one or more national critical func- subsection (a)(1) and any supplementary in- plicable, any known security and assurance
tions. formation submitted under subsection (a)(3), requirements for third-party entities under
‘‘(4) CRITICAL SOFTWARE.—The term ‘crit- shall designate certain entities as system- subparagraph (B); and
ical software’ has the meaning given such ically important entities. ‘‘(D) identify any documented security
term by the National Institute of Standards ‘‘(2) NOTIFICATION OF DESIGNATION STA- controls or risk management practices that
and Technology pursuant to Executive Order TUS.—The Secretary shall notify designees
third-party entities have enacted to ensure
14028 or any successor provision. within 30 days of designation or the continued delivery of critical services to
‘‘(5) OPEN SOURCE SOFTWARE.—The term dedesignation, with an explanation of the the systemically important entity.
‘open source software’ means software for basis for such determination. ‘‘(4) DUPLICATIVE REQUIREMENTS.—
which the human-readable source code is ‘‘(3) REGISTER.—The Secretary shall main- ‘‘(A) IN GENERAL.—The Secretary shall co-
made available to the public for use, study, tain and routinely update a list, or register, ordinate with the head of any Federal agen-
re-use, modification, enhancement, and re- cy with responsibility for regulating the se-
of such entities, with contact information.
distribution. curity of a systemically important entity to
‘‘(4) LIMITATIONS.—
‘‘(6) DIRECTOR.—The term ‘Director’ means determine whether the reporting require-
‘‘(A) IN GENERAL.—The number of des-
the Director of the Cybersecurity and Infra- ments under this subsection may be fulfilled
ignated entities shall not exceed 200 in total.
structure Security Agency.’’. by any reporting requirement in effect on
‘‘(B) SUNSET.—Beginning on the date that
(b) IDENTIFICATION OF CERTAIN TECH- the date of the enactment of this section or
is four years after the date of the enactment
NOLOGY.—Paragraph (1) of section 2202(e) of subsequently enacted after such date.
of this section, the Secretary, after consulta-
the Homeland Security Act of 2002 (6 U.S.C. ‘‘(B) EXISTING REQUIRED REPORTS.—If the
tion with the Director, may increase the
603(e)) is amended by adding at the end the Secretary determines that an existing re-
number of designated entities provided—
following new subparagraph: porting requirement for a systemically im-
‘‘(i) such number does not exceed 150 per- portant entity substantially satisfies the re-
‘‘(S) To identify the critical technologies cent of the prior maximum;
(as such term is defined in section 323) or de- porting requirements under this subsection,
‘‘(ii) the Secretary publishes such new the Secretary shall accept such report and
velop guidance relating to such technologies maximum number in the Federal Register;
within the remits of the Critical Technology may not require a such entity to submit an
and alternate or modified report.
Security Centers as described in such sec- ‘‘(iii) such new maximum number has not ‘‘(C) COORDINATION.—The Secretary shall
tion.’’. been changed in the immediately preceding
(c) CLERICAL AMENDMENT.—The table of coordinate with the head any Federal agency
four years. with responsibilities for regulating the secu-
contents in section 1(b) of the Homeland Se- ‘‘(c) REDRESS.—
curity Act of 2002 is amended by inserting rity of a systemically important entity to
‘‘(1) IN GENERAL.—Subject to paragraph (2), eliminate any duplicate reporting or compli-
after the item relating to section 322 the fol- the Secretary shall develop a mechanism, ance requirements relating to the security or
lowing new item: consistent with subchapter II of chapter 5 of
‘‘Sec. 323. Critical Technology Security Cen- resiliency of such entities.
title 5, United States Code, for an entity no- ‘‘(e) INTELLIGENCE SUPPORT TO SYSTEM-
ters.’’. tified under subsection (b)(2) to present evi- ICALLY IMPORTANT ENTITIES.—
AMENDMENT NO. 554 OFFERED BY MR. LANGEVIN dence that the Secretary should reverse— ‘‘(1) IDENTIFICATION OF INFORMATION
OF RHODE ISLAND ‘‘(A) the designation of a facility, system, NEEDS.—Not later than one year after the
Add at the end of title LII of division E the or asset as systemically important critical date of the enactment of this section, the
following: infrastructure; Secretary, acting through the Director, shall
SEC. 5206. SYSTEMICALLY IMPORTANT ENTITIES. ‘‘(B) the determination that a facility, sys- establish a process to solicit and compile rel-
(a) IDENTIFICATION OF SYSTEMICALLY IMPOR- tem, or asset no longer constitutes system- evant information from Sector Risk Manage-
TANT ENTITIES.—Subtitle A of title XXII of ically important critical infrastructure; or ment Agencies and any other relevant Fed-
the Homeland Security Act of 2002 (6 U.S.C. ‘‘(C) a final judgment entered in a civil ac- eral agency to inform and identify common
651 et seq.) is amended by adding at the end tion seeking judicial review brought in ac- information needs and interdependencies
the following new section: cordance with paragraph (2). across systemically important entities
‘‘SEC. 2220D. PROCEDURE FOR DESIGNATION OF ‘‘(2) APPEAL TO FEDERAL COURT.—A civil ac- ‘‘(2) INTERDEPENDENCIES AND RISK IDENTI-
SYSTEMICALLY IMPORTANT ENTI- tion seeking judicial review of a final agency FICATION.—In establishing the process under
TIES. action taken under the mechanism developed paragraph (1), the Secretary, acting through
‘‘(a) ESTABLISHMENT OF CRITERIA AND PRO- under paragraph (1) shall be filed in the the Director, shall incorporate methods and
CEDURES.— United States District Court for the District procedures—
‘‘(1) IN GENERAL.—Not later than 12 months of Columbia. ‘‘(A) to identify the types of information
after the date of the enactment of this sec- ‘‘(d) REPORTING FOR SYSTEMICALLY IMPOR- needed to understand interdependence of sys-
tion, the Secretary, acting through the Di- TANT ENTITIES.— temically important entities and areas
rector, in consultation with the National ‘‘(1) IN GENERAL.—Not later than two years where a nation-state adversary may target
Cyber Director, Sector Risk Management after the date of the enactment of this sec- to cause widespread compromise or disrup-
Agencies, the Critical Infrastructure Part- tion, the Secretary, acting through the Di- tion, including—
nership Advisory Council, and, as appro- rector, in consultation with the National ‘‘(i) common technologies, including hard-
priate, other government and nongovern- Cyber Director, Sector Risk Management ware, software, and services, used within sys-
mental entities, shall establish criteria and Agencies, the CISA Cybersecurity Advisory temically important entities;
procedures for identifying and designating Committee, and relevant government and ‘‘(ii) critical lines of businesses, services,
certain entities as systemically important nongovernment entities, shall establish re- processes, and functions on which multiple
entities for purposes of this section. porting requirements for systemically im- systemically important entities are depend-
‘‘(2) CONSIDERATION.—In establishing the portant entities. ent;
criteria for designation under paragraph (1), ‘‘(2) REQUIREMENTS.—The requirements es- ‘‘(iii) specific technologies, components,
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the Secretary shall consider the following: tablished under subsection (a) shall directly materials, or resources on which multiple
‘‘(A) The consequences that a disruption to support the Department’s ability to under- systemically important entities are depend-
a system, asset, or facility under an entity’s stand and prioritize mitigation of risks to ent; and
control would have on one or more national national critical functions and ensure that ‘‘(iv) Federal, State, local, Tribal, or terri-
critical functions. any information obtained by a systemically torial government services, functions, and
‘‘(B) The degree to which the entity has important entity pursuant to this section is processes on which multiple systemically
the capacity to engage in operational col- properly secured. important entities are dependent; and
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H6538 CONGRESSIONAL RECORD — HOUSE July 14, 2022
‘‘(B) to associate specific systemically im- technical assistance in the form of contin- that serve as clear guidance for critical in-
portant entities with the information identi- uous monitoring and detection of cybersecu- frastructure owners and operators about the
fied under subparagraph (A), rity risks. cybersecurity practices and postures that
‘‘(3) INFORMATION NEEDS AND INDICATIONS ‘‘(g) INCIDENT RESPONSE.—In the event that the American people can trust and should ex-
AND WARNING.—In establishing the process a systemically important entity experiences pect for essential services.
under paragraph (1), the Secretary, acting a serious cyber incident, the Secretary ‘‘(C) Facilitating information sharing and,
through the Director, in consultation with shall— where applicable, coordination on the devel-
the Director of National Intelligence, shall ‘‘(1) promptly establish contact with such opment of cybersecurity policy, rulemaking,
incorporate methods and procedures to— entity to acknowledge receipt of notifica- examinations, reporting requirements, en-
‘‘(A) provide indications and warning to tion, obtain additional information regard- forcement actions, and information sharing
systemically important entities regarding ing such incident, and ascertain the need for practices.
nation-state adversary cyber operations rel- incident response or technical assistance; ‘‘(D) Recommending to members of the
evant to information identified under para- ‘‘(2) maintain routine or continuous con- council general supervisory priorities and
graph (2)(A); and tact with such entity to monitor develop- principles reflecting the outcome of discus-
‘‘(B) to identify information needs for the ments related to such incident; sions among such members.
cyber defense efforts of such entities. ‘‘(3) assist in incident response, mitigation, ‘‘(E) Identifying gaps in regulation that
‘‘(4) RECURRENT INPUT.—Not later than 30 and recovery efforts; could invite cybersecurity risks to critical
days after the establishment of the process ‘‘(4) ascertain evolving needs of such enti- infrastructure, and as appropriate, devel-
under paragraph (1) and no less often than ty; and oping legislative proposals to resolve such
biennially thereafter, the Secretary, acting ‘‘(5) prioritize voluntary incident response regulatory gaps.
through the Director, shall solicit informa- and technical assistance for such covered en- ‘‘(F) Providing a forum for discussion and
tion from systemically important entities tity. analysis of emerging cybersecurity develop-
utilizing such process. ‘‘(h) OPERATIONAL COLLABORATION WITH ments and cybersecurity regulatory issues.
‘‘(5) INTELLIGENCE SHARING.— SYSTEMICALLY IMPORTANT ENTITIES.—The ‘‘(5) PRINCIPLES.—In carrying out the ac-
‘‘(A) IN GENERAL.—Not later than five days head of the office for joint cyber planning es- tivities under paragraph (4), the Council
after discovery of information that indicates tablished pursuant to section 2216, in car- shall seek to harmonize regulations in a way
a credible threat to an identifiable system- rying out the responsibilities of such office that—
ically important entity, the Director of Na- with respect to relevant cyber defense plan- ‘‘(A) avoids duplicative, overlapping, over-
tional Intelligence, in coordination with the ning, joint cyber operations, cybersecurity ly burdensome, or conflicting regulatory re-
Secretary, shall share the appropriate intel- exercises, and information-sharing practices, quirements that do not effectively or effi-
ligence information with such entity. shall, to the extent practicable, prioritize ciently serve the interests of national secu-
‘‘(B) EMERGENCY NOTIFICATION.—The Direc- the involvement of systemically important rity, economic security, or public health and
tor of National Intelligence, in coordination entities. safety;
with the Secretary, shall share any intel- ‘‘(i) EMERGENCY PLANNING.—In partnership ‘‘(B) is consistent with national cyber pol-
ligence information related to a system- with systemically important entities, the icy and strategy, including the National
ically important entity with such entity not Secretary, in coordination with the Director, Cyber Strategy;
later than 24 hours after the Director of Na- the heads of Sector Risk Management Agen- ‘‘(C) recognizes and prioritizes the need for
tional Intelligence determines that such in- cies, and the heads of other Federal agencies the Cybersecurity and Infrastructure Secu-
formation indicates an imminent threat— with responsibilities for regulating critical rity Agency, as the lead coordinator for the
‘‘(i) to such entity, or to a system, asset, or infrastructure, shall regularly exercise re- security and resilience of critical infrastruc-
facility such entity owns or operates; or sponse, recovery, and restoration plans to— ture across all sectors, to have visibility re-
‘‘(ii) to national security, economic secu- ‘‘(1) assess performance and improve the garding cybersecurity threats and security
rity, or public health and safety relevant to capabilities and procedures of government vulnerabilities across sectors, and leverages
such entity. and systemically important entities to re- regulatory authorities in a manner that sup-
‘‘(C) NATIONAL SECURITY EXEMPTIONS.—Not- spond to a major cyber incident; and ports such cross-sector visibility and coordi-
withstanding subparagraphs (A) or (B), the ‘‘(2) clarify specific roles, responsibilities, nation, to the extent practicable; and
Director of National Intelligence may with- and authorities of government and system- ‘‘(D) recognizes and accounts for the vari-
hold intelligence information pertaining to a ically important entities when responding to ation within and among critical infrastruc-
systemically important entity if the Direc- such an incident. ture sectors with respect to the level of cy-
tor of National Intelligence, with the concur- ‘‘(j) INTERAGENCY COUNCIL FOR CRITICAL IN- bersecurity maturity, the nature of the in-
rence of the Secretary and the Director, de- FRASTRUCTURE CYBERSECURITY COORDINA- frastructure and assets, resources available
termines that withholding such information TION.— to deploy security measures, and other fac-
is in the national security interest of the ‘‘(1) INTERAGENCY COUNCIL FOR CRITICAL IN- tors.
United States. FRASTRUCTURE CYBERSECURITY COORDINA- ‘‘(6) LEVERAGING EXISTING COORDINATING
‘‘(D) REPORT TO CONGRESS.—Not later than TION.—There is established an Interagency BODIES.—The Council shall, as appropriate in
three years after the date of the enactment Council for Critical Infrastructure Cyberse- the determination of the Co-Chairs, carry
of this section and annually thereafter, the curity Coordination (in this section referred out its work in coordination with critical in-
Secretary, in coordination with the National to as the ‘Council’). frastructure stakeholders, including sector
Cyber Director and the Director of National ‘‘(2) CHAIRS.—The Council shall be co- coordinating councils and information shar-
Intelligence, shall submit to the Committee chaired by— ing and analysis organizations, and the
on Homeland Security of the House of Rep- ‘‘(A) the Secretary, acting through the Di- Cyber Incident Reporting Council estab-
resentatives, the Committee on Homeland rector; and lished pursuant to section 2246.
Security and Government Affairs of the Sen- ‘‘(B) the National Cyber Director. ‘‘(7) CONGRESSIONAL OVERSIGHT.—Not later
ate, the Permanent Select Committee on In- ‘‘(3) MEMBERSHIP.—The Council shall be than one year after the date of the enact-
telligence of the House of Representatives, comprised of representatives from the fol- ment of this section and annually thereafter,
and the Select Committee on Intelligence of lowing: the Council shall report to the Committee on
the Senate, a report that— ‘‘(A) Appropriate Federal departments and Homeland Security of the House of Rep-
‘‘(i) provides an overview of the intel- agencies, including independent regulatory resentatives, the Committee on Homeland
ligence information shared with system- agencies responsible for regulating the secu- Security and Government Affairs of the Sen-
ically important entities; and rity of critical infrastructure, as determined ate, and other relevant congressional com-
‘‘(ii) evaluates the relevance and success of by the Secretary and National Cyber Direc- mittees, on the activities of the Council, in-
the classified, actionable information the in- tor. cluding efforts to harmonize regulatory re-
telligence community (as such term is de- ‘‘(B) Sector Risk Management Agencies. quirements, and close regulatory gaps, to-
fined in section 3(4) of the National Security ‘‘(C) The National Institute of Standards gether with legislative proposals, as appro-
Act of 1947 (50 U.S.C. 3003(4)) provided to sys- and Technology. priate.
temically important entities. ‘‘(4) FUNCTIONS.—The Council shall be re- ‘‘(k) STUDY ON PERFORMANCE GOALS FOR
‘‘(E) INTELLIGENCE SHARING.—Notwith- sponsible for the following: SYSTEMICALLY IMPORTANT ENTITIES.—
standing any other provision of law, infor- ‘‘(A) Reviewing existing regulatory au- ‘‘(1) IN GENERAL.—The Council shall con-
mation or intelligence shared with system- thorities that could be utilized to strengthen duct a study to develop policy options and
ically important entities under the processes cybersecurity for critical infrastructure, as recommendations regarding the development
established under this subsection shall not well as potential forthcoming regulatory re- of risk-based cybersecurity performance
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constitute favoring one private entity over quirements under consideration, and coordi- benchmarks that, if met, would establish a
another. nating to ensure that any new or existing common minimum level of cybersecurity for
‘‘(f) PRIORITIZATION.—In allocating Depart- regulations are streamlined and harmonized systemically important entities.
ment resources, the Secretary shall to the extent practicable, consistent with ‘‘(2) AREAS OF INTEREST.—The study re-
prioritize systemically important entities in the principles described in paragraph (5). quired under paragraph (1) shall evaluate
the provision of voluntary services, and en- ‘‘(B) Developing cross-sector and sector- how the performance benchmarks referred to
courage participation in programs to provide specific cybersecurity performance goals in such paragraph can be—
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6539
‘‘(A) flexible, nonprescriptive, risk-based, dermining the sanctions imposed by the (A) systematic dismantlement of the judi-
and outcome-focused; United States and its allies that are intended cial system;
‘‘(B) designed to improve resilience and ad- to deter further Russian aggression. (B) a non-functioning parliamentary sys-
dress cybersecurity threats and security (7) A number of United States and multi- tem;
vulnerabilities while also providing an ap- national companies that do business in Rus- (C) mass gang violence against civilians
propriate amount of discretion to operators sia do not provide life-saving or health-re- and between gangs resulting in large-scale
in deciding which specific technologies or so- lated goods and services to the Russian peo- massacres;
lutions to deploy; ple and contribute to Putin’s ability to wage (D) gang rule of large parts of Haiti; daily
‘‘(C) applicable and appropriate across crit- war in Ukraine and continue to commit war kidnappings for ransom;
ical infrastructure sectors, but also adapt- crimes by providing revenue for the Russian (E) widespread sexual violence against
able and augmentable to develop tailored, Government. women, girls and marginalized people;
sector-specific cybersecurity performance (b) SENSE OF CONGRESS.—Congress— (F) grand corruption;
goals; and (1) supports and encourages Americans who (G) state violence against protesters;
‘‘(D) reflective of existing industry best choose to exercise their free speech rights by (H) unsafe conditions for workers;
practices, standards, and guidelines to the boycotting companies that do not provide (I) diminished access to water, food,
greatest extent possible. life-saving or health-related goods and serv- healthcare and education; and
‘‘(l) DEFINITIONS.—In this section: ices to the Russian people yet continue to (J) unnatural devastation from natural dis-
‘‘(1) SYSTEMICALLY IMPORTANT ENTITY.— operate in Russia; asters.
The term ‘systemically important entity’ (2) condemns companies that continue to (2) Government-supported violence in Haiti
means a critical infrastructure entity the operate in Russia and provide financial bene- has forced large numbers of Haitians to flee
Secretary has designated as a systemically fits to the Putin regime that enable his abil- the country, including to the United States.
important entity pursuant to subsection (b). ity to continue waging war in Ukraine; and (3) Independent human rights organiza-
‘‘(2) DIRECTOR.—The term ‘Director’ means (3) commends companies that have already tions and the media have documented PHTK
the Director of the Cybersecurity and Infra- suspended operations in or withdrawn from collusion with gang activity through—
structure Security Agency. markets in Russia in response to the Putin (A) the participation of PHTK officials in
‘‘(3) SECTOR RISK MANAGEMENT AGENCY.— regime’s unlawful invasion of Ukraine. gang attacks;
The term ‘Sector Risk Management Agency’ AMENDMENT NO. 556 OFFERED BY MR. LEVIN OF (B) the use of police vehicles in gang ac-
has the meaning given such term is section MICHIGAN tivities; and
2201. At the end of subtitle B of title XIII, add (C) systemic refusals by the police to inter-
‘‘(4) NATIONAL CRITICAL FUNCTIONS.—The the following: fere in gang attacks and the justice system
term ‘national critical functions’ means SEC. 13l. REPORT ON ARMS TRAFFICKING IN to prosecute gang members and government
functions of government or private sector so HAITI. officials credibly accused of participating in
vital to the United States that the disrup- (a) IN GENERAL.—Not later than 180 days massacres.
tion, corruption, or dysfunction of such func- after the date of the enactment of this Act, (4) In 2021, the United States together with
tions would have a debilitating effect on se- the Secretary of State, in consultation with the international community installed
curity, national economic security, national the Secretary of Commerce and the Attorney PHTK official Ariel Henry as the Prime Min-
public health or safety, or any combination General, shall submit to the appropriate con- ister and thus de facto head of Government
thereof.’’. gressional committees a report on arms traf- of Haiti following the assassination of Presi-
(b) CLERICAL AMENDMENT.—The table of ficking in Haiti. dent Jovenel Moise.
contents in section 1(b) of the Homeland Se- (b) MATTERS TO BE INCLUDED.—The report (b) SENSE OF CONGRESS.—It is the sense of
curity Act is amended by inserting after the shall include the following: Congress that the security, freedom, and
item relating to section 2220C the following (1) The number and category of United well-being of Haitians are intertwined with
new item: States-origin weapons in Haiti, including that of the people of the United States, and
‘‘Sec. 2220D. Procedure for designation of those in possession of the Haitian National United States interests are not served by an
covered systemically important Police or other state authorities and di- unstable or unsafe Haiti.
entities.’’. verted outside of their control and the num- (c) STATEMENT OF POLICY.—It is the policy
AMENDMENT NO. 555 OFFERED BY MR. LEVIN OF ber of United States-origin weapons believed of the United States—
MICHIGAN to be illegally trafficked from the United (1) to support a Haitian-led solution to the
At the end of subtitle B of title XIII, add States since 1991. current crisis;
the following: (2) The major routes by which illegal arms (2) that the people of Haiti must be empow-
are trafficked into Haiti. ered to choose their leaders and govern Haiti
SEC. 13l. SENSE OF CONGRESS REGARDING THE
BOYCOTT OF CERTAIN COMPANIES
(3) The major Haitian seaports, airports, free from foreign interference; and
THAT CONTINUE TO OPERATE IN and other border crossings where illegal (3) to support the sustainable rebuilding
RUSSIA AND PROVIDE FINANCIAL arms are trafficked. and development of Haiti in a manner that
BENEFITS TO THE PUTIN REGIME. (4) An accounting of the ways individuals promotes efforts led and supported by the
(a) FINDINGS.—Congress finds the fol- evade law enforcement and customs officials. people and Government of Haiti at all levels,
lowing: (5) A description of networks among Hai- so that Haitians lead the course of recon-
(1) On February 24, 2022, the Government of tian government officials, Haitian customs struction and development of Haiti.
Russia, led by Vladimir Putin, invaded the officials, and gangs and others illegally in-
AMENDMENT NO. 558 OFFERED BY MR. LIEU OF
sovereign country of Ukraine under the di- volved in arms trafficking.
CALIFORNIA
rection of the President of the Russian Fed- (6) Whether any end-use agreements be-
eration Vladimir Putin. tween the United States and Haiti in the Add at the end of subtitle B of title XIII
(2) On March 6, 2022, Secretary of State issuance of United States-origin weapons the following:
Antony Blinken stated that the United have been violated. SEC. 13ll. ESTABLISHMENT OF THE OFFICE OF
States has seen credible reports of Russia en- (c) APPROPRIATE CONGRESSIONAL COMMIT- CITY AND STATE DIPLOMACY.
gaging in ‘‘deliberate attacks on civilians, TEES DEFINED.—In this section, the term Section 1 of the State Department Basic
which would constitute a war crime’’. ‘‘appropriate congressional committees’’ Authorities Act of 1956 (22 U.S.C. 2651a) is
(3) On March 16, 2022, Ukrainian President means— amended—
Zelenskyy urged ‘‘All American companies (1) the Committee on Armed Services, the (1) by redesignating the second subsection
must leave Russia . . . leave their market Committee on Foreign Affairs, and the Com- (h) (relating to the Office of Sanctions Co-
immediately, because it is flooded with mittee on the Judiciary of the House of Rep- ordination) as subsection (k); and
[Ukrainian] blood’’. resentatives; and (2) by adding at the end the following new
(4) In the same speech, President (2) the Committee on Armed Services, the subsection:
Zelenskyy called on Congress to lead by Committee on Foreign Relations, and the ‘‘(l) OFFICE OF CITY AND STATE DIPLO-
pressuring companies ‘‘who finance the Rus- Committee on the Judiciary of the Senate. MACY.—
sian military machine’’ and conduct ‘‘busi- AMENDMENT NO. 557 OFFERED BY MR. LEVIN OF ‘‘(1) IN GENERAL.—There shall be estab-
ness in Russia’’ and to ‘‘make sure that the MICHIGAN lished within the Department of State an Of-
Russians do not receive a single penny that At the appropriate place in title LVIII, in- fice of City and State Diplomacy (in this
they use to destroy people in Ukraine’’. sert the following: subsection referred to as the ‘Office’). The
(5) Jeffrey Sonnenfeld of the Yale School of SEC. ll. SENSE OF CONGRESS AND STATEMENT Department may use a similar name at its
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Management has compiled a list of some OF POLICY ON HAITI. discretion and upon notification to Congress.
1,000 companies which have withdrawn per- (a) FINDINGS.—Congress finds the fol- ‘‘(2) HEAD OF OFFICE.—The head of the Of-
manently or temporarily from Russia. lowing: fice shall be the Ambassador-at-Large for
(6) By refusing to reduce, cease, or with- (1) Since 2018, the ruling PHTK has pre- City and State Diplomacy (in this subsection
draw operations in Russia, these companies sided over increasing instability, displace- referred to as the ‘Ambassador’) or other ap-
which have not withdrawn permanently or ment, and poverty in Haiti stemming from, propriate senior official. The head of the Of-
temporarily from Russia contribute to un- among other reasons— fice shall—
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H6540 CONGRESSIONAL RECORD — HOUSE July 14, 2022
‘‘(A) be appointed by the President, by and State Governments, National Conference of ‘‘(iv) A strategic plan for the Office, in-
with the advice and consent of the Senate; State Legislators, and State International cluding relating to—
and Development Organizations. ‘‘(I) leveraging subnational engagement to
‘‘(B) report directly to the Secretary, or ‘‘(4) COORDINATION.—With respect to mat- improve United States foreign policy effec-
such other senior official as the Secretary ters involving trade promotion and inward tiveness;
determines appropriate and upon notifica- investment facilitation, the Office shall co- ‘‘(II) enhancing the awareness, under-
tion to Congress. ordinate with and support the International standing, and involvement of United States
‘‘(3) DUTIES.— Trade Administration of the Department of citizens in the foreign policy process; and
‘‘(A) PRINCIPAL DUTY.—The principal duty Commerce as the lead Federal agency for ‘‘(III) better engaging with foreign sub-
of the head of the Office shall be the overall trade promotion and facilitation of business national governments to strengthen diplo-
coordination (including policy oversight of investment in the United States. macy.
resources) of Federal support for subnational ‘‘(5) DETAILEES.— ‘‘(v) Any other matters as determined rel-
engagements by State and municipal govern- ‘‘(A) IN GENERAL.—The Secretary of State, evant by the head of the Office.
ments with foreign governments. The head of with respect to employees of the Department ‘‘(B) BRIEFINGS.—Not later than 30 days
the Office shall be the principal adviser to of State, is authorized to detail a member of after the submission of the report required
the Secretary of State on subnational en- the civil service or Foreign Service to State under subparagraph (A) and annually there-
gagements and the principal official on such and municipal governments on a reimburs- after, the head of the Office shall brief the
matters within the senior management of able or nonreimbursable basis. Such details Committee on Foreign Affairs and the Com-
the Department of State. mittee on Appropriations of the House of
shall be for a period not to exceed two years,
‘‘(B) ADDITIONAL DUTIES.—The additional Representatives and the Committee on For-
and shall be without interruption or loss of
duties of the head of the Office shall include eign Relations and the Committee on Appro-
status or privilege.
the following: priations of the Senate on the work of the
‘‘(B) RESPONSIBILITIES.—Detailees under
‘‘(i) Coordinating overall United States Office and any changes made to the organiza-
subparagraph (A) should carry out the fol-
policy and programs in support of sub- tional structure or funding of the Office.
lowing:
national engagements by State and munic- ‘‘(7) RULE OF CONSTRUCTION.—Nothing in
ipal governments with foreign governments, ‘‘(i) Supporting the mission and objectives
of the host subnational government office. this subsection may be construed as pre-
including with respect to the following: cluding—
‘‘(I) Coordinating resources across the De- ‘‘(ii) Advising State and municipal govern-
ment officials regarding questions of global ‘‘(A) the Office from being elevated to a bu-
partment of State and throughout the Fed- reau within the Department of State; or
eral Government in support of such engage- affairs, foreign policy, cooperative agree-
ments, and public diplomacy. ‘‘(B) the head of the Office from being ele-
ments. vated to an Assistant Secretary, if such an
‘‘(II) Identifying policy, program, and fund- ‘‘(iii) Coordinating activities relating to
State and municipal government sub- Assistant Secretary position does not in-
ing discrepancies among relevant Federal crease the number of Assistant Secretary po-
agencies regarding such coordination. national engagements with the Department
of State, including the Office, Department sitions at the Department above the number
‘‘(III) Identifying gaps in Federal support authorized under subsection (c)(1).
for such engagements and developing cor- leadership, and regional and functional bu-
reaus of the Department, as appropriate. ‘‘(8) DEFINITIONS.—In this subsection:
responding policy or programmatic changes
‘‘(iv) Engaging Federal agencies regarding ‘‘(A) MUNICIPAL.—The term ‘municipal’
to address such gaps.
security, public health, trade promotion, and means, with respect to the government of a
‘‘(ii) Identifying areas of alignment be-
other programs executed at the State or mu- municipality in the United States, a munici-
tween United States foreign policy and State
nicipal government level. pality with a population of not fewer than
and municipal goals.
‘‘(v) Any other duties requested by State 100,000 people.
‘‘(iii) Improving communication with the
and municipal governments and approved by ‘‘(B) STATE.—The term ‘State’ means the
American public, including, potentially,
the Office. 50 States, the District of Columbia, and any
communication that demonstrate the
‘‘(C) ADDITIONAL PERSONNEL SUPPORT FOR territory or possession of the United States.
breadth of international engagement by sub-
SUBNATIONAL ENGAGEMENT.—For the purposes ‘‘(C) SUBNATIONAL ENGAGEMENT.—The term
national actors and the impact of diplomacy
across the United States. of this subsection, the Secretary of State— ‘subnational engagement’ means formal
‘‘(iv) Providing advisory support to sub- ‘‘(i) is authorized to employ individuals by meetings or events between elected officials
national engagements, including by assisting contract; of State or municipal governments and their
State and municipal governments regard- ‘‘(ii) is encouraged to make use of the re- foreign counterparts.’’.
ing— hired annuitants authority under section AMENDMENT NO. 559 OFFERED BY MR. LIEU OF
‘‘(I) developing and implementing global 3323 of title 5, United States Code, particu- CALIFORNIA
engagement and public diplomacy strategies; larly for annuitants who are already residing Add at the end of title LII of division E the
‘‘(II) implementing programs to cooperate across the United States who may have the following:
with foreign governments on policy prior- skills and experience to support subnational SEC. 5206. GAO REVIEW OF DEPARTMENT OF
ities or managing shared resources; and governments; and HOMELAND SECURITY EFFORTS RE-
‘‘(III) understanding the implications of ‘‘(iii) is encouraged to make use of authori- LATED TO ESTABLISHING SPACE AS
foreign policy developments or policy ties under the Intergovernmental Personnel A CRITICAL INFRASTRUCTURE SEC-
changes through regular and extraordinary Act of 1970 (42 U.S.C. 4701 et seq.) to tempo- TOR.
briefings. rarily assign State and local government of- Not later than one year after the date of
‘‘(v) Facilitating linkages and networks ficials to the Department of State or over- the enactment of this Act, the Comptroller
among State and municipal governments, seas missions to increase their international General of the United States shall conduct a
and between State and municipal govern- experience and add their perspectives on review, and not later than 18 months after
ments and their foreign counterparts, includ- United States priorities to the Department. such date of enactment, submit to the Com-
ing by tracking subnational engagements ‘‘(6) REPORT AND BRIEFING.— mittee on Homeland Security, the Com-
and leveraging State and municipal exper- ‘‘(A) REPORT.—Not later than one year mittee on Transportation and Infrastruc-
tise. after the date of the enactment of this sub- ture, and the Committee on Science, Space,
‘‘(vi) Supporting the work of Department section, the head of the Office shall submit and Technology of the House of Representa-
of State detailees assigned to State and mu- to the Committee on Foreign Affairs and the tives and the Committee on Homeland Secu-
nicipal governments pursuant to this sub- Committee on Appropriations of the House rity and Governmental Affairs and the Com-
section. of Representatives and the Committee on mittee on Commerce, Science, and Transpor-
‘‘(vii) Under the direction of the Secretary, Foreign Relations and the Committee on Ap- tation of the Senate a report on the fol-
negotiating agreements and memoranda of propriations of the Senate a report that in- lowing:
understanding with foreign governments re- cludes information relating to the following: (1) The actions taken by the Department of
lated to subnational engagements and prior- ‘‘(i) The staffing plan (including permanent Homeland Security to evaluate the estab-
ities. and temporary staff) for the Office and a jus- lishment of space as a critical infrastructure
‘‘(viii) Supporting United States economic tification for the location of the Office with- sector, based on the decision-support frame-
interests through subnational engagements, in the Department of State’s organizational work published in reports required pursuant
in consultation and coordination with the structure. to section 9002(b) of the William M. (Mac)
Department of Commerce, the Department ‘‘(ii) The funding level provided to the Of- Thornberry National Defense Authorization
of the Treasury, and the Office of the United fice for the Office, together with a justifica- Act for Fiscal Year 2021 (6 U.S.C. 652a(b)).
dlhill on DSK120RN23PROD with HOUSE
States Trade Representative. tion relating to such level. (2) The status of efforts by the Department
‘‘(ix) Coordinating subnational engage- ‘‘(iii) The rank and title granted to the of Homeland Security, if any, to establish
ments with the associations of subnational head of the Office, together with a justifica- space as a critical infrastructure sector.
elected leaders, including the United States tion relating to such decision and an anal- (3) The extent to which the current 16 crit-
Conference of Mayors, National Governors ysis of whether the rank and title of Ambas- ical infrastructure sectors, as set forth in
Association, National League of Cities, Na- sador-at-Large is required to fulfill the du- PPD21, cover space systems, services, and
tional Association of Counties, Council of ties of the Office. technology, and the extent to which such
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6541
sectors leave coverage gaps relating to such (c) NATIONAL INSTITUTE OF CORRECTIONS.— cial institutions, business sectors frequently
space systems, services, and technology. Section 4351 of title 18, United States Code, affected by sanctions programs, and non-gov-
AMENDMENT NO. 560 OFFERED BY MR. LIEU OF
is amended— ernment organizations and humanitarian
CALIFORNIA
(1) in subsection (c)— groups impacted by such sanctions pro-
(A) in the matter preceding paragraph (1), grams.
Add at the end of title LVIII of division E by striking ‘‘ten’’ and inserting ‘‘13’’; and ‘‘(3) REPORT.—
the following: (B) by adding at the end the following: ‘‘(A) IN GENERAL.—Not later than 1 year
SEC. 58ll. CORRECTIONAL FACILITY DISASTER ‘‘(3) One shall have served a sentence in ei- after the date of enactment of this sub-
PREPAREDNESS. ther a Federal or State correctional facility section, and once every 2 years thereafter for
(a) DEFINITIONS.—In this section, the term or have a professional background advo- the next 5 years, the Secretary of the Treas-
‘‘major disaster’’ means— cating on the behalf of formerly incarcerated ury shall submit to the Committees on
(1) a major disaster declared by the Presi- or incarcerated individuals. Banking, Housing, and Urban Affairs and
dent under section 401 of the Robert T. Staf- ‘‘(4) One shall have a background as an Foreign Relations of the Senate and the
ford Disaster Relief and Emergency Assist- emergency response coordinator that has Committees on Financial Services and For-
ance Act (42 U.S.C. 5170); or created an emergency management accredi- eign Affairs of the House of Representatives
(2) any natural disaster or extreme weath- tation program. a report containing—
er or public health emergency event that— ‘‘(5) One shall have an educational and pro- ‘‘(i) an analysis of the efforts undertaken
(A) would activate the use of any Bureau of fessional background in public health work- by the OFAC Exchange, which shall include
Prisons 18 contingency plans; and ing with communicable diseases.’’; and an analysis of—
(B) the Bureau of Prisons determines is a (2) by adding at the end the following: ‘‘(I) the results of those efforts; and
major disaster. ‘‘(i) FIELD HEARING.—Not later than 1 year ‘‘(II) the extent and effectiveness of those
(b) BUREAU OF PRISONS ANNUAL SUMMARY after the date of enactment of this sub- efforts, including the extent and effective-
REPORT OF DISASTER DAMAGE.— section, the National Institute of Correc- ness of communication between OFAC and
(1) IN GENERAL.—The Director of the Bu- tions shall conduct at least one public field persons who are required to comply with
reau of Prisons shall submit to the Com- hearing on how correctional facilities can in- sanctions administered and enforced by
mittee on Appropriations, the Committee on corporate in their emergency preparedness OFAC;
the Judiciary, and the Committee on Home- plans and recovery efforts— ‘‘(ii) recommendations to improve effi-
land Security and Governmental Affairs of ‘‘(1) inmate access to medical care, food, ciency and effectiveness of targeting, com-
the Senate and the Committee on Appropria- drinkable water, personal protective equip- pliance, enforcement, and licensing activi-
tions, the Committee on the Judiciary, and ment, and personal hygiene products; ties undertaken by OFAC; and
the Committee on Homeland Security of the ‘‘(2) consideration by staff of using home ‘‘(iii) any legislative, administrative, or
House of Representatives an annual sum- confinement or early release; other recommendations the Secretary may
mary report of disaster damage on the scope ‘‘(3) inmate access to cost-free and uninter- have to strengthen the efforts of the OFAC
of physical damage from a major disaster in rupted visitation with legal counsel and visi- Exchange.
each Bureau of Prisons facility and its con- tors with clear standards for when facilities ‘‘(B) CLASSIFIED ANNEX.—Each report under
tract prisons impacted or struck by a major may suspend or alter visitations; subparagraph (A) may include a classified
disaster that explains the effects of the dam- ‘‘(4) inmate access to appropriate accom- annex.
age on inmates and staff, including— modations for inmates with disabilities; ‘‘(4) INFORMATION SHARING REQUIREMENT.—
(A) data on injury and loss of life of in- ‘‘(5) use of Federal funding to restore dis- Information shared under this subsection
mates and staff; aster-damaged correctional facilities; and shall be shared—
(B) access to health and medical care, food, ‘‘(6) incorporation by staff of risk manage- ‘‘(A) in compliance with all other applica-
special dietary needs, drinkable water, per- ment best practices, such as those made ble Federal laws and regulations;
sonal protective equipment, and personal hy- available under the relevant agencies of the ‘‘(B) in such a manner as to ensure the ap-
giene products; Federal Emergency Management Adminis- propriate confidentiality of personal infor-
(C) guidance used to adjudicate early re- tration, Department of Health and Human mation; and
lease or home confinement requests, data on Services, and the Government Account- ‘‘(C) at the discretion of the Director, with
early release or home confinement approv- ability Office to enhance emergency pre- the appropriate Federal functional regu-
als, denials, and justification for denials; paredness plans.’’. lator, as defined in section 6003 of the Anti-
(D) an explanation as to whether using AMENDMENT NO. 561 OFFERED BY MR. LYNCH OF Money Laundering Act of 2020.
home confinement or early release was con- MASSACHUSETTS ‘‘(5) PROTECTION OF SHARED INFORMATION.—
sidered; At the end of title LIV of division E, add ‘‘(A) REGULATIONS.—OFAC shall, as appro-
(E) access to cost-free and uninterrupted the following: priate, promulgate regulations that establish
visitation with legal counsel and visitors SEC. 54ll. STRENGTHENING AWARENESS OF procedures for the protection of information
with justifications for facility decisions that SANCTIONS. shared and exchanged between OFAC and the
resulted in suspended or altered visitations; Section 312 of title 31, United States Code, private sector in accordance with this sec-
(F) access to appropriate accommodations is amended by adding at the end the fol- tion, consistent with the capacity, size, and
for inmates with disabilities; lowing: nature of the financial institution to which
(G) access to educational and work pro- ‘‘(i) OFAC EXCHANGE.— the particular procedures apply.
grams; ‘‘(1) ESTABLISHMENT.—The OFAC Exchange ‘‘(B) USE OF INFORMATION.—Information re-
(H) inmate grievances; is hereby established within OFAC. ceived by a financial institution pursuant to
(I) assessment of the cost of the damage to ‘‘(2) PURPOSE.—The OFAC Exchange shall this section shall not be used for any purpose
the facility and estimates for repairs; facilitate a voluntary public-private infor- other than identifying and reporting on ac-
(J) the impact on staffing, equipment, and mation sharing partnership among law en- tivities that may involve the financing of
financial resources; and forcement agencies, national security agen- terrorism, proliferation financing, narcotics
(K) other factors relating to the ability of cies, financial institutions, and OFAC to— trafficking, or financing of sanctioned coun-
the Bureau of Prisons and any existing con- ‘‘(A) effectively and efficiently administer tries, regimes, or persons.
tract prison to uphold the health, safety, and and enforce economic and trade sanctions ‘‘(6) RULE OF CONSTRUCTION.—Nothing in
civil rights of the correctional population. against targeted foreign countries and re- this subsection may be construed to create
(2) CORRECTIVE ACTION PLAN.—The report gimes, terrorists, international narcotics new information sharing authorities or re-
required under paragraph (1) shall include traffickers, those engaged in activities re- quirements relating to the Bank Secrecy
agency corrective actions that the Bureau of lated to the proliferation of weapons of mass Act.’’.
Prisons will take to improve and modernize destruction, and other threats to the na- AMENDMENT NO. 562 OFFERED BY MR. LYNCH OF
emergency preparedness plans, as they relate tional security, foreign policy, or economy MASSACHUSETTS
to natural disasters, extreme weather, and of the United States by promoting innova- At the end of title LIV, add the following:
public health emergencies and a timeline to tion and technical advances in reporting— SEC. 54ll. BRIEFING ON CHINESE SUPPORT
implement the corrective action plan. ‘‘(i) under subchapter II of chapter 53 and FOR AFGHAN ILLICIT FINANCE.
(3) RECOMMENDATIONS.—The report re- the regulations promulgated under that sub- (a) REQUIREMENT.—Not later than one year
quired under paragraph (1) shall include spe- chapter; and after the date of the enactment of this Act,
cific legislative recommendations to Con- ‘‘(ii) with respect to other economic and the Secretary of Treasury shall brief the
gress for improving emergency preparedness trade sanctions requirements; Committee on Financial Services and the
dlhill on DSK120RN23PROD with HOUSE
plans within the Bureau of Prisons. ‘‘(B) protect the financial system from il- Committee on Foreign Affairs of the House
(4) APPOINTMENT.—Not later than 90 days licit use, including evasions of existing eco- of Representatives and the Committee on
after the enactment of this section, the Di- nomic and trade sanctions programs; and Banking, Housing, and Urban Affairs and the
rector of the Bureau of Prisons shall appoint ‘‘(C) facilitate two-way information ex- Committee on Foreign Relations of the Sen-
an official of the Bureau of Prisons respon- change between OFAC and persons who are ate and the Permanent Select Committee on
sible for carrying out the corrective action required to comply with sanctions adminis- Intelligence of the House of Representatives
plan. tered and enforced by OFAC, including finan- and the Select Committee on Intelligence of
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H6542 CONGRESSIONAL RECORD — HOUSE July 14, 2022
the Senate on the financial activities of offense or offenses involving marijuana, or fied form, but may include a classified
China and Chinese entities in connection tetrahydrocannabinols and any related non- annex.
with the finances of Afghanistan and the violent offenses or convictions that would (b) CISA COMMERCIAL SATELLITE SYSTEM
Taliban. not have satisfied all elements of the CYBERSECURITY CLEARINGHOUSE.—
(b) MATTERS INCLUDED.—The briefing under charged offense or offenses but for the in- (1) ESTABLISHMENT.—
subsection (a) shall include the following: volvement of these substances except for any (A) IN GENERAL.—Not later than 180 days
(1) An assessment of the activities under- offenses or convictions where it has been es- after the date of the enactment of this Act,
taken by the People’s Republic of China and tablished in court that the individual was as- the Director shall establish a commercial
Chinese-registered companies to support il- sociated with a foreign drug cartel or oper- satellite system cybersecurity clearing-
licit financial networks in Afghanistan, par- ating a motor vehicle under the influence of house.
ticularly such networks involved in nar- a drug or alcohol within the meaning of sec- (B) REQUIREMENTS.—The clearinghouse
cotics trafficking, illicit financial trans- tion 13(b) of title 18,United States Code, n of- shall—
actions, official corruption, natural re- fense of operating or being in actual physical (i) be publicly available online;
sources exploitation, and terrorist networks. control of a motor vehicle within the mean- (ii) contain current, relevant, and publicly
(2) An assessment of financial, commercial, ing of title 36, section 4.23 of the Code of Fed- available commercial satellite system cyber-
and economic activities undertaken by eral Regulations, or drunken or reckless op- security resources, including the rec-
China and Chinese companies in Afghani- eration of vehicle, aircraft or vessel within ommendations consolidated under paragraph
stan, including the licit and illicit extrac- the meaning of article 111 of the Uniform (2), and any other appropriate materials for
tion of critical minerals, to support Chinese Code of Military Justice, section 911 of title reference by entities that develop commer-
policies counter to American strategic inter- 10, United States Code. cial satellite systems; and
ests. AMENDMENT NO. 564 OFFERED BY MR. (iii) include materials specifically aimed at
(3) Information relating to the impacts of MALINOWSKI OF NEW JERSEY assisting small business concerns with the
existing United States and multilateral laws, secure development, operation, and mainte-
At the end of title LII, insert the fol-
regulations, and sanctions, including envi- nance of commercial satellite systems.
lowing:
ronmental and public health impacts of nat- (C) EXISTING PLATFORM OR WEBSITE.—The
SEC. 52ll. REPORT ON COMMERCIAL SAT-
ural resources exploitation. ELLITE CYBERSECURITY; CISA COM- Director may establish the clearinghouse on
(4) Any recommendations to Congress re- MERCIAL SATELLITE SYSTEM CY- an online platform or a website that is in ex-
garding legislative or regulatory improve- BERSECURITY CLEARINGHOUSE. istence as of the date of the enactment of
ments necessary to support the identifica- (a) STUDY.— this Act.
tion and disruption of Chinese-supported il- (1) IN GENERAL.—The Comptroller General (2) CONSOLIDATION OF COMMERCIAL SAT-
licit financial networks in Afghanistan. of the United States shall conduct a study on ELLITE SYSTEM CYBERSECURITY RECOMMENDA-
AMENDMENT NO. 563 OFFERED BY MS. MACE OF the actions the Federal Government has TIONS.—
SOUTH CAROLINA taken to support the cybersecurity of com- (A) IN GENERAL.—The Director shall con-
Page 1348, insert after line 23 the following mercial satellite systems, including as part solidate voluntary cybersecurity rec-
(and conform the table of contents accord- of any action to address the cybersecurity of ommendations designed to assist in the de-
ingly): critical infrastructure sectors. velopment, maintenance, and operation of
SEC. 5806. NONDISCRIMINATION IN FEDERAL (2) REPORT.—Not later than two years after commercial satellite systems.
HIRING FOR VETERAN MEDICAL the date of the enactment of this Act, the (B) REQUIREMENTS.—The recommendations
CANNABIS USERS; AUTHORIZED Comptroller General of the United States consolidated under subparagraph (A) shall
PROVISION OF INFORMATION ON shall submit to the appropriate congres- include, to the greatest extent practicable,
STATE-APPROVED MARIJUANA PRO- sional committees a report on the study con- materials addressing the following:
GRAMS TO VETERANS. ducted under paragraph (1), which shall in- (i) Risk-based, cybersecurity-informed en-
(a) IN GENERAL.—It shall be unlawful for a clude information on— gineering, including continuous monitoring
‘‘veteran’’, as defined in title 38, section (A) efforts of the Federal Government to and resiliency.
101(2) of the United States Code, to be ex- address or improve the cybersecurity of com- (ii) Planning for retention or recovery of
cluded from employment in the Federal Gov- mercial satellite systems and support re- positive control of commercial satellite sys-
ernment solely because the veteran con- lated efforts with international entities or tems in the event of a cybersecurity inci-
sumes or has consumed cannabis, as defined the private sector; dent.
in the Controlled Substances Act, or any- (B) the resources made available to the (iii) Protection against unauthorized ac-
where in the United States Code. For the public by Federal agencies to address cyber- cess to vital commercial satellite system
purposes determining if a person is a veteran functions.
security risks and cybersecurity threats to
under this provision, an other than honor- (iv) Physical protection measures designed
commercial satellite systems;
able, bad conduct, or dishonorable release to reduce the vulnerabilities of a commercial
(C) the extent to which commercial sat-
premised solely on a nonviolent cannabis satellite system’s command, control, or te-
ellite systems and the cybersecurity threats
charge or conviction shall be construed as a lemetry receiver systems.
to such systems are integrated into critical
general discharge. (v) Protection against jamming or spoof-
(b) AUTHORIZED PROVISION OF INFORMA- infrastructure risk analyses and protection
plans of the Department of Homeland Secu- ing.
TION.—Notwithstanding the provisions of the
Controlled Substances Act (21 U.S.C. 801 et rity; and (vi) Security against threats throughout a
seq.) or any other Federal, State, or local (D) the extent to which Federal agencies commercial satellite system’s mission life-
law regulating or prohibiting the provision coordinate or duplicate authorities and take time.
of information on marijuana, the Secretary other actions focused on the cybersecurity of (vii) Management of supply chain risks
of Veterans Affairs shall authorize physi- commercial satellite systems. that affect the cybersecurity of commercial
cians and other health care providers of the (3) CONSULTATION.—In carrying out para- satellite systems.
Veterans Health Administration of the De- graphs (1) and (2), the Comptroller General of (viii) As appropriate, and as applicable pur-
partment of Veterans Affairs to provide to the United States shall coordinate with ap- suant to the requirement under paragraph
veterans who are residents of States with propriate Federal agencies and organiza- (1)(b)(ii) (relating to the clearinghouse con-
State-approved marijuana programs infor- tions, including— taining current, relevant, and publicly avail-
mation regarding the participation of such (A) the Department of Homeland Security; able commercial satellite system cybersecu-
veterans in such programs and to rec- (B) the Department of Commerce; rity resources), the findings and rec-
ommend their participation in such pro- (C) the Department of Defense; ommendations from the study conducted by
grams. (D) the Department of Transportation; the Comptroller General of the United States
(c) DEFINITIONS.—In this section: (E) the Department of State; under subsection (a)(1).
(1) The term ‘‘information’’ includes de- (F) the Federal Communications Commis- (ix) Risks of a strategic competitor becom-
tails such as informational materials, inter- sion; ing dominant in the commercial satellite
net websites, and relevant contact informa- (G) the National Aeronautics and Space sector.
tion for State-approved marijuana programs. Administration; (x) Any other recommendations to ensure
(2) The term ‘‘marijuana’’ has the meaning (H) the National Executive Committee for the confidentiality, availability, and integ-
given the term ‘‘marihuana’’ in section 102 of Space-Based Positioning, Navigation, and rity of data residing on or in transit through
the Controlled Substances Act (21 U.S.C. Timing; and commercial satellite systems.
802). (I) the National Space Council. (3) IMPLEMENTATION.—In implementing this
(3) The term ‘‘State’’ means each of the (4) BRIEFING.—Not later than two years subsection, the Director shall—
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several States, the District of Columbia, the after the date of the enactment of this Act, (A) to the extent practicable, carry out
Commonwealth of Puerto Rico, any terri- the Comptroller General of the United States such implementation as a public-private
tory, Federal enclave, or possession of the shall provide to the appropriate congres- partnership;
United States, and each federally recognized sional committees a briefing relating to car- (B) coordinate with the heads of appro-
Indian Tribe. rying out paragraphs (1) and (2). priate Federal agencies with expertise and
(4) The term ‘‘nonviolent cannabis charge (5) CLASSIFICATION.—The report under experience in satellite operations, including
or conviction’’ shall include any nonviolent paragraph (2) shall be submitted in unclassi- the entities described in subsection (a)(3);
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6543
(C) consult with non-Federal entities de- (c) FORM.—The report required by sub- AMENDMENT NO. 568 OFFERED BY MR.
veloping commercial satellite systems or section (a) shall be submitted in unclassified MALINOWSKI OF NEW JERSEY
otherwise supporting the cybersecurity of form, but may include a classified annex. At the end of title LVIII, add the fol-
commercial satellite systems, including pri- (d) APPROPRIATE CONGRESSIONAL COMMIT- lowing:
vate, consensus organizations that develop TEES DEFINED.—In this section, the term SEC. 58l. STUDY AND REPORT ON FEASABILITY
relevant standards; and ‘‘appropriate congressional committees’’ OF SUSPENSION OF MERGERS, AC-
(D) consider entering into an agreement means— QUISITIONS, AND TAKEOVERS OF
with a non-Federal organization to manage (1) the Committee on Foreign Affairs and CERTAIN FOREIGN SURVEILLANCE
and operate the clearinghouse. COMPANIES.
the Permanent Select Committee on Intel-
(a) IN GENERAL.—The Secretary of Com-
(c) DEFINITIONS.—In this section: ligence of the House of Representatives; and
merce, in consultation with the Secretary of
(1) The term ‘‘appropriate congressional (2) the Committee on Foreign Relations
the Treasury, the Secretary of State, the
committees’’ means— and the Select Committee on Intelligence of
Secretary of Defense, the Director of Na-
(A) the Committee on Homeland Security, the Senate.
tional Intelligence, and the heads of other
the Committee on Space, Science, and Tech- AMENDMENT NO. 566 OFFERED BY MR. relevant agencies, shall—
nology, the Committee on Armed Services, MALINOWSKI OF NEW JERSEY (1) study the feasibility of using existing
the Committee on Foreign Affairs, and the
At the end of title LVIII, add the fol- authorities to implement a suspension of any
Committee on Energy and Commerce of the
lowing: merger, acquisition, or takeover that would
House of Representatives; and
result in control, including full or partial
(B) the Committee on Homeland Security SEC. 5806. REVIEW OF IMPLEMENTATION OF
UNITED STATES SANCTIONS WITH ownership of some or all assets, of a covered
and Governmental Affairs, the Committee on
RESPECT TO VIOLATORS OF THE foreign entity described in subsection (c) by
Armed Services, the Committee on Foreign
ARMS EMBARGO ON LIBYA. a United States person; and
Relations, and the Committee on Commerce,
(a) REPORT.—Not later than 180 days after (2) submit to the appropriate congressional
Science, and Transportation of the Senate.
the date of the enactment of this Act, the committees a report on the results of such
(2) The term ‘‘clearinghouse’’ means the
President shall submit to the appropriate study.
commercial satellite system cybersecurity (b) MATTERS TO BE INCLUDED.—The study
clearinghouse required to be developed and congressional committees an unclassified re-
port that describes whether the President and report required by subsection (a) shall
maintained under subsection (b)(1). include the following:
(3) The term ‘‘commercial satellite sys- has determined the persons described in sub-
(1) An assessment of whether the President
tem’’ means a system of one or more sat- section (b) meet the criteria for the imposi-
or Executive branch agencies have the au-
ellites and any ground support infrastruc- tion of sanctions under section 1(a) of Execu-
thority to implement a suspension as de-
ture, and all transmission links among and tive Order 13726 (81 Fed. Reg. 23559; relating
scribed in subsection (a) and what additional
between them that is owned, or operated by to blocking property and suspending entry
authorities would be required if needed.
a non-Federal United States entity. into the United States of persons contrib-
(2) An assessment of whether the President
(4) The term ‘‘critical infrastructure’’ has uting to the situation in Libya).
or Executive branch agencies could lift a sus-
the meaning given such term in section (b) PERSONS.—For purposes of the deter-
pension only if a determination is made that
1016(e) of Public Law 107–56 (42 U.S.C. mination required under subsection (a), the
the merger, acquisition, or takeover de-
5195c(e)). President shall consider all private compa-
scribed in subsection (a)—
(5) The term ‘‘cybersecurity risk’’ has the nies listed for facilitating violations of the
(A) does not pose a significant counter-
meaning given such term in section 2209 of United Nations arms embargo on Libya in
intelligence or national security risk to the
the Homeland Security Act of 2002 (6 U.S.C. the report of the United Nations Panel of Ex-
United States or United States treaty allies,
659). perts entitled ‘‘Letter dated 8 March 2021
including an undue risk of subversion of the
(6) The term ‘‘cybersecurity threat’’ has from the Panel of Experts on Libya estab-
United States intelligence community or
the meaning given such term in section 102 lished pursuant to resolution 1973 (2011) ad-
United States national security interests
of the Cybersecurity Information Sharing dressed to the President of the Security
through the design, integrity, manufac-
Act of 2015 (6 U.S.C. 1501). Council’’ and ‘‘Letter dated 24 May 2022 from
turing, production, distribution, installa-
(7) The term ‘‘Director’’ means the Direc- the Panel of Experts on Libya established
tion, operation, or maintenance of targeted
tor of the Cybersecurity and Infrastructure pursuant to resolution 1973 (2011) addressed
digital surveillance technologies;
Security Agency. to the President of the Security Council’’,
(B) does not seek or intend to evade or cir-
(8) The term ‘‘small business concern’’ has including the following:
cumvent United States export control laws,
the meaning given the term in section 3 of (1) Maritime vessels.
including through a transaction, transfer,
the Small Business Act (15 U.S.C. 632). (2) Corporate facilitators of arms embargo
agreement or arrangement intended or de-
violations.
AMENDMENT NO. 565 OFFERED BY MR. signed to limit exposure to United States ex-
(3) Aircraft operators.
MALINOWSKI OF NEW JERSEY port controls; or
(4) Mercenary recruiters and facilitators.
(C) does not affect any existing contracts
At the end of title LVIII, add the fol- (c) APPROPRIATE CONGRESSIONAL COMMIT- between the United States Government and
lowing: TEES DEFINED.—In this section, the term
the United States person.
SEC. l. REPORT ON CERTAIN ENTITIES CON- ‘‘appropriate congressional committees’’ (c) COVERED FOREIGN ENTITY DESCRIBED.—
NECTED TO FOREIGN PERSONS ON means— A covered foreign entity described in this
THE MURDER OF JAMAL (1) the Committee on Foreign Affairs and subsection is an entity, including a sub-
KHASHOGGI. the Committee on Financial Services of the sidiary or affiliate of the entity, that—
(a) IN GENERAL.—Not later than 180 days House of Representatives; and (1) is organized under the laws of or having
after the date of the enactment of this Act, (2) the Committee on Foreign Relations its principal place of business in a foreign
the Secretary of State, in consultation with and the Committee on Banking, Housing, country;
the heads of appropriate agencies, shall sub- and Urban Affairs of the Senate. (2) develops, sells, or otherwise controls
mit to the appropriate congressional com- AMENDMENT NO. 567 OFFERED BY MR. proprietary technology, including non-sen-
mittees a report on private, commercial, and MALINOWSKI OF NEW JERSEY sitive technologies, related to targeted dig-
nongovernmental entities, including non- ital surveillance capabilities; and
profit foundations, controlled in whole or in At the end of title LVIII, add the fol-
(3) is included on the list maintained by
part by any foreign person named in the Of- lowing:
the Bureau of Industry and Security of the
fice of the Director of National Intelligence SEC. 58l. MODIFICATION OF PRIOR NOTIFICA- Department of Commerce and set forth in
report titled ‘‘Assessing the Saudi Govern- TION OF SHIPMENT OF ARMS.
Supplement No. 4 to part 744 of title 15, Code
ment’s Role in the Killing of Jamal Subsection (i) of section 36 of the Arms Ex- of Federal Regulations.
Khashoggi’’, dated February 11, 2021. port Control Act (22 U.S.C. 2776) is amended (d) DEFINITIONS.—In this section:
(b) MATTERS TO BE INCLUDED.—The report to read as follows: (1) CONTROL.—The term ‘‘control’ ’’ means
required by subsection (a) shall include the ‘‘(i) PRIOR NOTIFICATION OF SHIPMENT OF the power, direct or indirect, whether exer-
following: ARMS.—At least 30 days prior to the initial cised or not exercised, to determine, direct,
(1) A description of such entities. and final shipment of a sale of defense arti- or decide important matters affecting an en-
(2) A detailed assessment, based in part on cles subject to the requirements of sub- tity, subject to regulations prescribed by the
credible open sources and other publicly- section (b), the President shall provide noti- Secretary of Commerce.
available information, of the roles, if any, fication of such pending shipment, in unclas- (2) INTELLIGENCE COMMUNITY.—The term
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such entities played in the murder of Jamal sified form, with a classified annex as nec- ‘‘intelligence community’’ has the meaning
Khashoggi or any other gross violations of essary, to the Chairperson and Ranking given that term in section 3(4) of the Na-
internationally recognized human rights. Member of the Committee on Foreign Rela- tional Security Act of 1947 (50 U.S.C. 3003(4)).
(3) A certification of whether any such en- tions of the Senate and the Chairperson and (3) TARGETED DIGITAL SURVEILLANCE.—The
tity is subject to sanctions pursuant to the Ranking Member of the Committee on For- term ‘‘targeted digital surveillance’’ means
Global Magnitsky Human Rights Account- eign Affairs of the House of Representa- the use of items or services that enable an
ability Act (22 U.S.C. 2656 note). tives.’’. individual or entity (with or without the
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H6544 CONGRESSIONAL RECORD — HOUSE July 14, 2022
knowing authorization of the product’s pursuant to Executive Order 14024, and as ex- (3) An assessment on how implementation
owner) to detect, monitor, intercept, collect, panded by Executive Order 14066 of March 8, and enforcement of the sanctions imposed
exploit, preserve, protect, transmit, retain, 2022, and relied on for additional steps taken with respect to Alrosa can be strengthened,
or otherwise gain access to the communica- in Executive Order 14039 of August 20, 2021, including through mechanisms for
tions, sensitive or protected information, and Executive Order 14068 of March 11, 2022. traceability.
work product, browsing data, research, iden- (2) The term ‘‘appropriate congressional (c) RESOURCES.—In completing the report
tifying information, location history, and committees’’ means— required by subsection (b), the relevant de-
online and offline activities of other individ- (A) the Committees on the Judiciary of the partments shall directly engage with key in-
uals, organizations, or entities. House of Representatives and of the Senate; dustry associations and members, including
(4) UNITED STATES PERSON.—The term (B) the Committee on Foreign Affairs of grading laboratories, on matters of technical
‘‘United States person’’ means— the House of Representatives and the Com- importance, including traceability and prov-
(A) a United States citizen or an alien law- mittee on Foreign Relations of the Senate; enance.
fully admitted for permanent residence to (C) the Committee on Financial Services of AMENDMENT NO. 572 OFFERED BY MR.
the United States; or the House of Representatives and the Com- MALINOWSKI OF NEW JERSEY
(B) an entity organized under the laws of mittee on Finance of the Senate; and
At the end of subtitle B of title XIII, add
the United States or of any jurisdiction of (D) the Committees on Appropriations of
the following:
the United States, including a foreign branch the House of Representatives and of the Sen-
ate. SEC. 13l. TRANSFER OF EXCESS OLIVER HAZARD
of such an entity. PERRY CLASS GUIDED MISSILE
(d) SUNSET.—The authority under this sec-
AMENDMENT NO. 569 OFFERED BY MR. FRIGATES TO EGYPT.
tion shall apply to any covered forfeited
MALINOWSKI OF NEW JERSEY
property seized on or before the date of the (a) IN GENERAL.—The President is author-
At the end of title LVIII, add the fol- enactment of this Act and on or before May ized to transfer to the Government of Egypt
lowing: 1, 2025. the OLIVER HAZARD PERRY class guided
SEC. 58l. REPORT ON POLITICAL PRISONERS IN missile frigates ex-USS CARR (FFG-52) and
AMENDMENT NO. 571 OFFERED BY MR.
EGYPT.
MALINOWSKI OF NEW JERSEY
ex-USS ELROD (FFG-55) on a grant basis
(a) IN GENERAL.—Not later than 180 days under section 516 of the Foreign Assistance
At the appropriate place in title LVIII, in- Act of 1961 (22 U.S.C. 2321j) on or after the
after the date of the enactment of this Act,
sert the following:
the Secretary of State, in consultation with date on which the President submits to the
SEC. ll. REMOVING RUSSIAN ROUGH DIA-
the Director of National Intelligence, shall appropriate congressional committees a cer-
MONDS FROM GLOBAL MARKETS.
submit to the appropriate congressional tification described in subsection (b).
(a) SENSE OF CONGRESS.—It is the sense of
committees a report on the status of polit- (b) CERTIFICATION.—The certification de-
Congress that the Secretary of State, in co-
ical prisoners in Egypt. scribed in this subsection is a certification of
ordination with the Secretary of the Treas-
(b) MATTERS TO BE INCLUDED.—The report the President of the following:
ury and the heads of all other relevant inter-
required by subsection (a) shall include a de- agency partners, should instruct the United (1) The President has received reliable as-
tailed assessment of how many individuals States representatives at each international surances that the Government of Egypt and
are detained, imprisoned, or the victim of an institution as follows: any Egyptian state-owned enterprises—
enforced disappearance in Egypt, including (1) To use the voice and vote of the United (A) are not knowingly engaged in any ac-
individuals who— States to expel Russia from the Kimberley tivity subject to sanctions under the Coun-
(1) are human rights defenders; Process to ensure that Russian source and tering America’s Adversaries Through Sanc-
(2) are detained, imprisoned, or otherwise origin rough diamonds are not used to fi- tions Act, including an activity related to
physically restricted because of their polit- nance Russia’s war in Ukraine or to cir- Russian Su-35 warplanes or other advanced
ical, religious, other conscientiously-held be- cumvent United States sanctions. military technologies; and
liefs, or their identity; (2) To engage the current chair of the Kim- (B) will not knowingly engage in activity
(3) are prisoners who are arbitrarily de- berley Process to ensure that Russia’s exclu- subject to sanctions under the Countering
tained; sion from the process is brought to a formal America’s Adversaries Through Sanctions
(4) are victims of enforced disappearance or decision in a timely manner. Act in the future.
are reasonably suspected of being detained or (3) To use the role of the United States in (2) The Egyptian crews participating in
imprisoned in a secret location; or the Working Group on Monitoring in the training related to and involved in the oper-
(5) have been subject to torture or other Kimberley Process to ensure that Kimberley ation of the vessels transferred under this
gross violations of human rights while de- Process compliance obligations include as- section are subject to the requirements of
tained or imprisoned. sessments on tractability and provenance of section 620M of the Foreign Assistance Act
(c) FORM.—The report required by sub- potential Russian diamonds moving through of 1961 (22 U.S.C. 2378d), section 362 of title 10,
section (a) shall be submitted in unclassified a particular country’s compliance system. United States Code, and other relevant
form, but portions of the report described in (4) To work with other participants in the human rights vetting to ensure United
subsection (b) may contain a classified Kimberley Process, including partner coun- States-funded assistance related to the
annex, so long as such annex is provided sep- tries that provide avenues for sanctioned transfer of the vessels under this section are
arately from the unclassified report. Russian oligarchs to protect their wealth, to not provided to Egyptian security forces
AMENDMENT NO. 570 OFFERED BY MR. develop a coordinated policy with respect to that have committee gross violations of
MALINOWSKI OF NEW JERSEY ensuring Russian rough diamonds, precious internationally recognized human rights or
Add at the end of title LVIII of division E metals, or other assets are not used to cir- other documented human rights abuses.
the following: cumvent United States sanctions on Russian (3) The Government of Egypt is no longer
SEC. lll. ATTORNEY GENERAL AUTHORITY TO oligarchs. unlawfully or wrongfully detaining United
TRANSFER FORFEITED RUSSIAN AS- (b) REPORT.—Not later than 180 days after States nationals or lawful permanent resi-
SETS TO ASSIST UKRAINE. the date of the enactment of this Act, the dents, based on criteria which may include—
(a) AUTHORIZATION.—Subject to appropria- Secretary of State, in consultation with the (A) the detained individual has presented
tions for such purpose, the Attorney General Secretary of Treasury and the Department of credible information of factual innocence to
may transfer to the Secretary of State the Homeland Security, shall submit to the ap- United States officials;
proceeds of any covered forfeited property propriate congressional committees a report (B) information exists that the individual
for use by the Secretary of State to provide on the implementation of United States is detained solely or substantially because he
assistance to Ukraine to remediate the sanctions of Russian diamond companies or she is a citizen or national of the United
harms of Russian aggression towards that includes the following: States;
Ukraine. Any such transfer shall be consid- (1) An assessment on how specific coun- (C) information exists that the individual
ered foreign assistance under the Foreign As- tries are implementing sanctions imposed is being detained in violation of internation-
sistance Act of 1961 (22 U.S.C. 2151 et seq.). with respect to the Russian state-owned en- ally protected rights and freedoms, such as
(b) REPORT.—The Attorney General, in con- terprise Alrosa and other sanctioned Russian freedom of expression, association, assembly,
sultation with the Secretary of the Treasury diamond companies, including in particular and religion;
and the Secretary of State, shall provide a the countries that— (D) the individual is being detained in vio-
semiannual report to the appropriate con- (A) receive security assistance from the lation of the laws of the detaining country;
gressional committees on any transfers made United States authorized under title 10, (E) independent nongovernmental organi-
pursuant to subsection (a). United States Code, or under the Foreign As- zations or journalists have raised legitimate
(c) DEFINITIONS.—In this section: sistance Act of 1961 (22 U.S.C. 2151 et seq.); questions about the innocence of the de-
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(1) The term ‘‘covered forfeited property’’ and tained individual;
means property seized by the Department of (B) have signed a collective defense ar- (F) the United States embassy in the coun-
Justice under chapter 46 or section 1963 of rangement with the United States. try where the individual is detained has re-
title 18, United States Code, which property (2) A list of which countries wealthy Rus- ceived credible reports that the detention is
belonged to or was possessed by a person sub- sian oligarchs, sanctioned or otherwise, have a pretext;
ject to sanctions and designated by the Sec- emigrated to following the outbreak of the (G) police reports show evidence of the
retary of Treasury or the Secretary of State, war in Ukraine. lack of a credible investigation;
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6545
(H) the individual is detained in a country fundamental freedoms’’ in accordance with offline activities of other individuals, organi-
where the Department of State has deter- section 502B of the Foreign Assistance Act of zations, or entities.
mined in its annual human rights reports 1961 (22 U.S.C. 2304). AMENDMENT NO. 574 OFFERED BY MR.
that the judicial system is not independent (2) FORM.—The report required by this sub- MALINOWSKI OF NEW JERSEY
or impartial, is susceptible to corruption, or section shall be provided in unclassified At the appropriate place in title LVIII, in-
is incapable of rendering just verdicts; form, but may include a separate classified sert the following:
(I) the individual is detained in inhumane annex. SEC. ll LIU XIAOBO FUND FOR STUDY OF THE
conditions; and (i) APPROPRIATE CONGRESSIONAL COMMIT- CHINESE LANGUAGE.
(J) the international right to due process TEES DEFINED.—In this section, the term (a) SENSE OF CONGRESS.—It is the sense of
of law has been sufficiently impaired so as to ‘‘appropriate congressional committees’’ Congress that—
render the detention arbitrary. means— (1) as a substitute to Confucius Institutes,
(c) VIOLATIONS.—The President may not (1) the Committee on Foreign Affairs and the United States Government should invest
transfer a vessel under this section unless the Committee on Armed Services of the heavily into alternative programs and insti-
the Government of Egypt agrees that if any House of Representatives; and tutions that ensure there remains a robust
of the conditions described in subsection (b) (2) the Committee on Foreign Relations pipeline of Americans learning China’s many
are violated after the transfer of the vessel, and the Committee on Armed Services of the languages; and
the Government of Egypt will re-transfer the Senate. (2) in a 21st century that will be dominated
vessel to the United States at the sole cost AMENDMENT NO. 573 OFFERED BY MR. by a strategic competition between the
to the Government of Egypt, without using MALINOWSKI OF NEW JERSEY United States and China, it is in the national
United States funds, including United States security interests of the United States to en-
foreign military assistance funds. Add at the end of subtitle C of title XII the
following: sure that Americans continue to invest in
(d) GRANTS NOT COUNTED IN ANNUAL TOTAL Chinese language skills, as well as Tibetan,
OF TRANSFERRED EXCESS DEFENSE ARTI- SEC. 12ll. REPORT ON ASSISTING IRANIAN DIS-
SIDENTS AND PEOPLE ACCESS TELE- Uyghur, and Mongolian languages, while en-
CLES.—The value of a vessel transferred to
COMMUNICATIONS TOOLS. suring they can do so in a context free of ma-
the Government of Egypt under this section lign political influence from foreign state ac-
shall not be counted against the aggregate (a) IN GENERAL.—Not later than 180 days
after the date of the enactment of this Act, tors.
value of excess defense articles transferred (b) ESTABLISHMENT OF THE LIU XIAOBO
in any fiscal year under section 516 of the the Secretary of State, in coordination with
the Secretary of the Treasury and the heads FUND FOR STUDY OF THE CHINESE LAN-
Foreign Assistance Act of 1961 (22 U.S.C. GUAGE.—The Secretary of State shall estab-
2321j). of other relevant Federal agencies, shall sub-
lish in the Department of State the ‘‘Liu
(e) COSTS OF TRANSFERS.—Any expense in- mit to Committee on Foreign Affairs and the
Xiaobo Fund for Study of the Chinese Lan-
curred by the United States in connection Committee on Financial Services of the
guage’’ to fund study by United States per-
with the transfer of a vessel under this sec- House of Representatives and the Committee
sons of Mandarin and Cantonese Chinese, Ti-
tion shall be charged to the Government of on Foreign Relations and the Committee on
betan, Uyghur, Mongolian, and other con-
Egypt notwithstanding section 516(e) of the Banking of the Senate a report that includes temporary spoken languages of China,
Foreign Assistance Act of 1961 (22 U.S.C. the matters described in subsection (b). abroad or in the United States.
2321j(e)). (b) MATTERS DESCRIBED.—The matters de- (c) AUTHORIZATION OF APPROPRIATIONS.—
(f) REPAIR AND REFURBISHMENT IN UNITED scribed in this subsection are the following: There are authorized to be appropriated to
STATES SHIPYARDS.—To the maximum extent (1) An assessment of the Iranian Govern- the Department of State for fiscal year 2021
practicable, the President shall require, as a ment’s ability to impose internet shutdowns, and every fiscal year thereafter, $10,000,000 to
condition of the transfer of a vessel under censor the internet, and track Iranian dis- carry out the Liu Xiaobo Fund for Study of
this section, that the Government of Egypt sidents, labor organizers, political activists, the Chinese Language.
have such repair or refurbishment of the ves- or human rights defenders inside Iran (d) REQUIRED ACTIVITIES.—Amounts au-
sel as is needed, before the vessel joins the through targeted digital surveillance or thorized to be appropriated pursuant to sub-
naval forces of Egypt, performed at a ship- other digital means. section (c) shall—
yard located in the United States, including (2) A list of technologies, including hard- (1) be designed to advance the national se-
a United States Navy shipyard. ware, software, and services incident to per- curity and foreign policy interests of the
(g) EXPIRATION OF AUTHORITY.—The au- sonal communications, including set-top United States, as determined by the Sec-
thority to transfer a vessel under this sec- boxes (STB), satellites, and web developer retary of State;
tion shall expire at the end of the three-year tools, that would encourage the free flow of (2) favor funding mechanisms that can
period beginning on the date of the enact- information to better enable the Iranian peo- maximize the total number of United States
ment of this Act. ple to communicate with each other and the persons given the opportunity to acquire full
(h) REQUIRED REPORT.— outside world. conversational linguistic proficiency in Man-
(1) IN GENERAL.—Not later than 60 days be- (3) An assessment on whether existing darin and Cantonese Chinese, Tibetan,
fore the transfer of a vessel under this sec- United States policy impedes the ability of Uyghur, Mongolian, and other contemporary
tion, the President shall submit to the ap- Iranians to circumvent the Iranian Govern- spoken languages of China;
propriate congressional committees a report ment’s attempt to securitize access to the (3) favor funding mechanisms that provide
describing the following: internet and block access to the internet at opportunities for such language study to
(A) The specific operational activities and times of civil unrest. areas traditionally under-served by such op-
objectives intended for the vessel upon re- (4) A review of the legal exemptions that portunities;
ceipt by the Government of Egypt. authorize access to information technology (4) be shaped by an ongoing consultative
(B) A detailed description of how the trans- and how such exemptions or any accom- process taking into account design inputs
fer of the vessel will help to alleviate United panying general licenses may be altered to of—
States mission requirements in the Bab el mitigate any hindrances imposed on Iranian (A) civil society institutions, including
Mandeb and the Red Sea. dissidents and activists inside Iran. Chinese diaspora community organizations;
(C) A detailed description of how the trans- (5) An assessment of whether further ex- (B) language experts in Mandarin and Can-
fer of the vessel will complement Combined emptions or alterations to existing exemp- tonese Chinese, Tibetan, Uyghur, Mongolian,
Maritime Forces (CMF) mission goals and tions and general licenses are necessary to and other contemporary spoken languages of
activities, including those of Combined Task support Iranian citizens’ access to the inter- China;
Forces 150, 151, 152, and 153. net and to assist their efforts to circumvent (C) organizations representing historically
(D) A detailed description of incidents of internet shutdowns and targeted digital sur- disadvantaged socioeconomic groups in the
arbitrary detention, violence, and state- veillance from the Iranian Government. United States; and
sanctioned harassment in the past 5 years by (c) FORM.—The report required pursuant to (D) human rights organizations; and
the Government of Egypt against United subsection (a) shall be submitted in unclassi- (5) favor opportunities to fund the study of
States citizens, individuals in the United fied form but may include a classified annex Mandarin and Cantonese Chinese, Tibetan,
States, and their family members who are if such annex is provided separately from Uyghur, Mongolian, and other contemporary
not United States citizens, in both Egypt such unclassified version. spoken languages of China at Alaska Native-
and in the United States, and a determina- (d) DEFINITION.—In this section, the term serving institutions, Asian American and
tion of whether such incidents constitute a ‘‘targeted digital surveillance’’ means the Native American Pacific Islander-serving in-
pattern of acts of intimidation or harass- use of items or services that enable an indi- stitutions, Hispanic-serving institutions, his-
ment. vidual or entity (with or without the know- torically Black college or universities, Na-
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(E) A description of policy efforts to ensure ing authorization of the product’s owner) to tive American-serving nontribal institu-
that United States security assistance pro- detect, monitor, intercept, collect, exploit, tions, Native Hawaiian-serving institutions,
grams with Egypt are formulated in a man- preserve, protect, transmit, retain, or other- Predominantly Black institutions, Tribal
ner that will ‘‘avoid identification of the wise gain access to the communications, sen- Colleges or Universities.
United States, through such programs, with sitive or protected information, work prod- (e) REPORT.—
governments which deny to their people uct, browsing data, research, identifying in- (1) IN GENERAL.—Not later than 120 days
internationally recognized human rights and formation, location history, and online and after the date of the enactment of this Act
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H6546 CONGRESSIONAL RECORD — HOUSE July 14, 2022
and annually thereafter for five years, the (5) The term ‘‘Native American-serving propriate congressional committees’’
Secretary of State, in consultation with the nontribal institution’’ has the meaning given means—
heads of appropriate Federal departments such term in section 371(c) of the Higher (A) the Committee on Oversight and Re-
and agencies, as appropriate, shall submit to Education Act of 1965 (20 U.S.C. 1067q(c)). form and the Committee on Veterans’ Affairs
the Committee on Foreign Affairs of the (6) The term ‘‘Native Hawaiian-serving in- of the House of Representatives; and
House of Representatives and the Committee stitution’’ has the meaning given such term (B) the Committee on Homeland Security
on Foreign Relations of the Senate a report in section 317(b) of the Higher Education Act and Governmental Affairs and the Com-
detailing activities and disbursements made of 1965 (20 U.S.C. 1059d(b)). mittee on Veterans’ Affairs of the Senate.
to carry out this Act over the immediately (7) The term ‘‘Predominantly Black insti- (b) ADDITIONAL FUNDING TO ADDRESS
preceding academic year. tution’’ has the meaning given such term in RECORDS BACKLOG.—
(2) REPORT CONTENTS.—Each report re- section 371(c) of the Higher Education Act of (1) AUTHORIZATION OF APPROPRIATIONS.—In
quired under paragraph (1) shall include de- 1965 (20 U.S.C. 1067q(c)). addition to amounts otherwise available,
tails on— (8) The term ‘‘Tribal College or Univer- there is authorized to be appropriated to the
(A) which institutions, programs, or enti- sity’’ has the meaning given such term in National Archives and Records Administra-
ties received funds through the Liu Xiaobo section 316(b) of the Higher Education Act of tion, $60,000,000 to address backlogs in re-
Fund for Study of the Chinese Language; 1965 (20 U.S.C. 1059c(b)). sponding to requests from veterans for mili-
(B) funds distribution disaggregated by in- AMENDMENT NO. 575 OFFERED BY MRS. CAROLYN
tary personnel records, improve cybersecu-
stitution, program, or entity, including iden- B. MALONEY OF NEW YORK
rity, improve digital preservation and access
tification of the State or country in which to archival Federal records, and address
At the end of title LVIII of division E, in- backlogs in requests made under section 552
such institution, program, or entity is lo-
sert the following: of title 5, United States Code (commonly re-
cated;
SEC. 5806. ACCESS FOR VETERANS TO RECORDS. ferred to as the Freedom of Information
(C) the number of United States persons
who received language study under the Liu (a) PLAN TO ELIMINATE RECORDS BACKLOG Act). Such amounts may also be used for the
AT THE NATIONAL PERSONNEL RECORDS CEN- Federal Records Center Program.
Xiaobo Fund for Study of the Chinese Lan-
TER.— (2) REQUIREMENT TO MAINTAIN IN-PERSON
guage, and the average amount disbursed per
(1) PLAN REQUIRED.—Not later than 60 days STAFFING LEVELS.—Not later than 30 days
person for such study;
(D) a comparative analysis of per dollar after the date of the enactment of this Act, after the date of the enactment of this Act,
program effectiveness and efficiency in al- the Archivist of the United States shall sub- the Archivist of the United States shall en-
lowing United States persons to reach con- mit to the appropriate congressional com- sure that the National Personnel Records
versational proficiency Mandarin or Can- mittees a comprehensive plan for reducing Center maintains staffing levels and
tonese Chinese, Tibetan, Uyghur, Mongolian, the backlog of requests for records from the telework arrangements that enable the max-
or other contemporary spoken languages of National Personnel Records Center and im- imum processing of records requests possible
China; proving the efficiency and responsiveness of in order to achieve the performance goal of
(E) an analysis of which of the languages operations at the National Personnel responding to 90 percent of all requests in 20
referred to in subparagraph (D) were studied Records Center, that includes, at a min- days or less, not including any request in-
through the funding from the Liu Xiaobo imum, the following: volving a record damaged or lost in the Na-
Fund for Study of the Chinese Language; and (A) An estimate of the number of back- tional Personnel Records Center fire of 1973
(F) any recommendations of the Secretary logged record requests for veterans. or any request that is subject to a fee that
of State for improvements to the authori- (B) Target timeframes to reduce the back- has not been paid in a timely manner by the
ties, priorities, or management of the Liu log. requestor (provided the National Personnel
Xiaobo Fund for Study of the Chinese Lan- (C) A detailed plan for using existing funds Records Center issues an invoice within 20
guage. to improve the information technology in- days after the date on which the request is
(f) INTERAGENCY FUNDS TRANSFERS AU- frastructure, including secure access to ap- made).
THORIZATION.—Amounts authorized to be ap- propriate agency Federal records, to prevent (3) INSPECTOR GENERAL REPORTING.—The In-
propriated to the Secretary of State to carry future backlogs. spector General for the National Archives
out this Act are authorized to be transferred (D) Actions to improve customer service and Records Administration shall, for two
to the heads of other appropriate Federal de- for requesters. years following the date of the enactment of
partments and agencies for similar purposes, (E) Measurable goals with respect to the this Act, include in every semiannual report
subject to prior notification to the Com- comprehensive plan and metrics for tracking submitted to Congress pursuant to the In-
mittee on Foreign Affairs of the House of progress toward such goals. spector General Act of 1978, a detailed sum-
Representatives and the Committee on For- (F) Strategies to prevent future record re- mary of—
eign Relations of the Senate. Such heads quest backlogs, including backlogs caused by (A) efforts taken by the National Archives
shall consult with the Secretary in the prep- an event that prevents employees of the Cen- and Records Administration to address the
aration of the report required under sub- ter from reporting to work in person. backlog of records requests at the National
section (e). (2) UPDATES.—Not later than 90 days after Personnel Records Center; and
(g) LIMITATIONS.—Amounts authorized to the date on which the comprehensive plan is (B) any recommendations for action pro-
be appropriated to carry out this Act may submitted under paragraph (1), and bian- posed by the Inspector General related to re-
only be made available for the costs of lan- nually thereafter until the response rate by ducing the backlog of records requests at the
guage study funded and administration in- the National Personnel Records Center National Personnel Records Center and the
curred by the Department of State or pro- reaches 90 percent of all requests in 20 days status of compliance with those rec-
grams carried out by the Department of or less, not including any request involving a ommendations by the National Archives and
State (or by another Federal department or record damaged or lost in the National Per- Records Administration.
agency pursuant to subsection (f)) to carry
sonnel Records Center fire of 1973 or any re- AMENDMENT NO. 576 OFFERED BY MRS. CAROLYN
out this section.
(h) OFFSET.—Notwithstanding the amounts quest that is subject to a fee that has not B. MALONEY OF NEW YORK
set forth in the funding tables in division D, been paid in a timely manner by the re- Add at the end the following:
the amount authorized to be appropriated for questor (provided the National Personnel
Records Center issues an invoice within 20 DIVISION F—FINANCIAL TRANSPARENCY
Operations and Maintenance, Defense-Wide, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
as specified in the corresponding funding days after the date on which the request is
made), the Archivist of the United States (a) SHORT TITLE.—This Act may be cited as
table in section 4301, is hereby reduced by the ‘‘Financial Transparency Act of 2022’’.
$10,000,000. shall submit to the appropriate congres-
sional committees an update of such plan (b) TABLE OF CONTENTS.—The table of con-
(i) DEFINITIONS.—In this section: tents for this Act is as follows:
(1) The term ‘‘Alaska Native-serving insti- that—
tution’’ has the meaning given such term in (A) describes progress made by the Na- DIVISION F—FINANCIAL TRANSPARENCY
section 317(b) of the Higher Education Act of tional Personnel Records Center during the Sec. 1. Short title; table of contents.
1965 (20 U.S.C. 1059d(b)) preceding 90-day period with respect to Sec. 2. Deeming.
(2) The term ‘‘Asian American and Native record request backlog reduction and effi- TITLE I—DEPARTMENT OF THE
American Pacific Islander-serving institu- ciency and responsiveness improvement; TREASURY
tion’’ has the meaning given such term in (B) provides data on progress made toward Sec. 101. Data standards.
section 371(c) of the Higher Education Act of the goals identified in the comprehensive Sec. 102. Open data publication by the De-
1965 (20 U.S.C. 1067q(c)). plan; and partment of the Treasury.
(3) The term ‘‘Hispanic-serving institu- (C) describes any changes made to the com- Sec. 103. Rulemaking.
Sec. 104. No new disclosure requirements.
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tion’’ has the meaning given such term in prehensive plan.
section 502 of the Higher Education Act of (3) CONSULTATION REQUIREMENT.—In car- Sec. 105. Report.
1965 (20 U.S.C. 1101a). rying out paragraphs (1) and (2), the Archi- TITLE II—SECURITIES AND EXCHANGE
(4) The term ‘‘historically Black college or vist of the United States shall consult with COMMISSION
university’’ means a part B institution de- the Secretary of Veterans Affairs. Sec. 201. Data standards requirements for
scribed in section 322(2) of the Higher Edu- (4) APPROPRIATE CONGRESSIONAL COMMIT- the Securities and Exchange
cation Act of 1965 (22 U.S.C. 1061(2)). TEES DEFINED.—In this section, the term ‘‘ap- Commission.
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6547
Sec. 202. Open data publication by the Secu- standards, meaning a standard that specifies download in bulk, and rendered in a human-
rities and Exchange Commis- rules by which data is described and re- readable format and accessible via applica-
sion. corded, for the information reported to mem- tion programming interface where appro-
Sec. 203. Data transparency at the Munic- ber agencies by financial entities under the priate.’’.
ipal Securities Rulemaking jurisdiction of the member agency and the SEC. 103. RULEMAKING.
Board. data collected from member agencies on be- Not later than the end of the 2-year period
Sec. 204. Data transparency at national se- half of the Council. beginning on the date of the enactment of
curities associations. ‘‘(b) STANDARDIZATION.—Member agencies, this Act, the Secretary of the Treasury shall
Sec. 205. Shorter-term burden reduction and in consultation with the Secretary of the issue the regulations required under the
disclosure simplification at the Treasury, shall implement regulations pro- amendments made by this title. The Sec-
Securities and Exchange Com- mulgated by the Secretary of the Treasury retary may delegate the functions required
mission; sunset. under subsection (a) to standardize data re- under the amendments made by this title to
Sec. 206. No new disclosure requirements. ported to member agencies or collected on an appropriate office within the Department
TITLE III—FEDERAL DEPOSIT behalf of the Council, as described under sub- of the Treasury.
INSURANCE CORPORATION section (a). SEC. 104. NO NEW DISCLOSURE REQUIREMENTS.
‘‘(c) DATA STANDARDS.— Nothing in this title or the amendments
Sec. 301. Data standards requirements for
‘‘(1) COMMON IDENTIFIERS.—The data stand- made by this title shall be construed to re-
the Federal Deposit Insurance
ards promulgated under subsection (a) shall quire the Secretary of the Treasury to col-
Corporation.
include common identifiers for information lect or make publicly available additional
Sec. 302. Open data publication by the Fed-
reported to member agencies or collected on information under the statutes amended by
eral Deposit Insurance Corpora-
behalf of the Council. The common identi- this title, beyond information that was col-
tion. lected or made publicly available under such
Sec. 303. Rulemaking. fiers shall include a common nonproprietary
legal entity identifier that is available under statutes before the date of the enactment of
Sec. 304. No new disclosure requirements.
an open license (as defined under section 3502 this Act.
TITLE IV—OFFICE OF THE SEC. 105. REPORT.
COMPTROLLER OF THE CURRENCY of title 44, United States Code) for all enti-
ties required to report to member agencies. Not later than 1 year after the end of the
Sec. 401. Data standards and open data pub- ‘‘(2) DATA STANDARD.—The data standards 2-year period described in section 103, the
lication requirements for the promulgated under subsection (a) shall, to Comptroller General of the United States
Office of the Comptroller of the the extent practicable— shall submit to Congress a report on the fea-
Currency. ‘‘(A) render data fully searchable and ma- sibility, costs, and potential benefits of
Sec. 402. Rulemaking. chine-readable (as defined under section 3502 building upon the taxonomy established by
Sec. 403. No new disclosure requirements. of title 44, United States Code); this Act to arrive at a Federal Government-
TITLE V—BUREAU OF CONSUMER wide regulatory compliance standardization
‘‘(B) enable high quality data through
FINANCIAL PROTECTION mechanism similar to Standard Business Re-
schemas, with accompanying metadata (as
porting.
Sec. 501. Data standards and open data pub- defined under section 3502 of title 44, United
lication requirements for the States Code) documented in machine-read- TITLE II—SECURITIES AND EXCHANGE
Bureau of Consumer Financial able taxonomy or ontology models, which COMMISSION
Protection. clearly define the data’s semantic meaning SEC. 201. DATA STANDARDS REQUIREMENTS FOR
Sec. 502. Rulemaking. as defined by the underlying regulatory in- THE SECURITIES AND EXCHANGE
COMMISSION.
Sec. 503. No new disclosure requirements. formation collection requirements;
(a) DATA STANDARDS FOR INVESTMENT AD-
TITLE VI—FEDERAL RESERVE SYSTEM ‘‘(C) assure that a data element or data
VISERS’ REPORTS UNDER THE INVESTMENT AD-
Sec. 601. Data standards requirements for asset that exists to satisfy an underlying
VISERS ACT OF 1940.—Section 204 of the In-
the Board of Governors of the regulatory information collection require-
vestment Advisers Act of 1940 (15 U.S.C. 80b–
Federal Reserve System. ment be consistently identified as such in as- 4) is amended—
Sec. 602. Open data publication by the Board sociated machine-readable metadata; (1) by redesignating the second subsection
of Governors of the Federal Re- ‘‘(D) be nonproprietary or made available (d) (relating to Records of Persons With Cus-
serve System. under an open license; tody of Use) as subsection (e); and
Sec. 603. Rulemaking. ‘‘(E) incorporate standards developed and (2) by adding at the end the following:
Sec. 604. No new disclosure requirements. maintained by voluntary consensus stand- ‘‘(f) DATA STANDARDS FOR REPORTS FILED
TITLE VII—NATIONAL CREDIT UNION ards bodies; and UNDER THIS SECTION.—
ADMINISTRATION ‘‘(F) use, be consistent with, and imple- ‘‘(1) REQUIREMENT.—The Commission shall,
ment applicable accounting and reporting by rule, adopt data standards for all reports
Sec. 701. Data standards. principles.
Sec. 702. Open data publication by the Na- filed by investment advisers with the Com-
‘‘(3) CONSULTATION.—In promulgating data mission under this section.
tional Credit Union Adminis- standards under subsection (a), the Sec-
tration. ‘‘(2) CHARACTERISTICS.—The data standards
retary of the Treasury shall consult with the required by paragraph (1) shall, to the extent
Sec. 703. Rulemaking. member agencies and with other Federal de-
Sec. 704. No new disclosure requirements. practicable—
partments and agencies and multi-agency ‘‘(A) render data fully searchable and ma-
TITLE VIII—FEDERAL HOUSING FINANCE initiatives responsible for Federal data chine-readable (as defined under section 3502
AGENCY standards. of title 44, United States Code);
Sec. 801. Data standards requirements for ‘‘(4) INTEROPERABILITY OF DATA.—In pro- ‘‘(B) enable high quality data through
the Federal Housing Finance mulgating data standards under subsection schemas, with accompanying metadata (as
Agency. (a), the Secretary of the Treasury shall seek defined under section 3502 of title 44, United
Sec. 802. Open data publication by the Fed- to promote interoperability of financial reg- States Code) documented in machine-read-
eral Housing Finance Agency. ulatory data across members of the Council. able taxonomy or ontology models, which
Sec. 803. Rulemaking. ‘‘(d) MEMBER AGENCIES DEFINED.—In this clearly define the data’s semantic meaning
Sec. 804. No new disclosure requirements. section, the term ‘member agencies’ does not as defined by the underlying regulatory in-
TITLE IX—MISCELLANEOUS include the Commodity Futures Trading formation collection requirements;
Sec. 901. Rules of construction. Commission.’’. ‘‘(C) assure that a data element or data
Sec. 902. Classified and protected informa- (b) CLERICAL AMENDMENT.—The table of asset that exists to satisfy an underlying
tion. contents under section 1(b) of the Dodd- regulatory information collection require-
Sec. 903. Discretionary surplus fund. Frank Wall Street Reform and Consumer ment be consistently identified as such in as-
Protection Act is amended by inserting after sociated machine-readable metadata;
SEC. 2. DEEMING.
the item relating to section 123 the fol- ‘‘(D) be nonproprietary or made available
Any reference in this division to ‘‘this lowing:
Act’’ shall be deemed a reference to ‘‘this di- under an open license (as defined under sec-
vision’’. ‘‘Sec. 124. Data standards.’’. tion 3502 of title 44, United States Code);
SEC. 102. OPEN DATA PUBLICATION BY THE DE- ‘‘(E) incorporate standards developed and
TITLE I—DEPARTMENT OF THE PARTMENT OF THE TREASURY. maintained by voluntary consensus stand-
TREASURY
Section 124 of the Financial Stability Act ards bodies; and
SEC. 101. DATA STANDARDS. of 2010, as added by section 101, is amended ‘‘(F) use, be consistent with, and imple-
(a) IN GENERAL.—Subtitle A of title I of the
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by adding at the end the following: ment applicable accounting and reporting
Financial Stability Act of 2010 (12 U.S.C. 5311 ‘‘(e) OPEN DATA PUBLICATION.—All public principles.
et seq.) is amended by adding at the end the information published by the Secretary of ‘‘(3) INCORPORATION OF STANDARDS.—In
following: the Treasury under this subtitle shall be adopting data standards by rule under this
‘‘SEC. 124. DATA STANDARDS. made available as an open Government data subsection, the Commission shall incor-
‘‘(a) IN GENERAL.—The Secretary of the asset (as defined under section 3502 of title porate all applicable data standards promul-
Treasury shall, by rule, promulgate data 44, United States Code), freely available for gated by the Secretary of the Treasury.’’.
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H6548 CONGRESSIONAL RECORD — HOUSE July 14, 2022
(b) DATA STANDARDS FOR REGISTRATION ‘‘(3) INCORPORATION OF STANDARDS.—In ‘‘(vi) use, be consistent with, and imple-
STATEMENTS AND REPORTS UNDER THE IN- adopting data standards by rule under this ment applicable accounting and reporting
VESTMENT COMPANY ACT OF 1940.—The Invest- subsection, the Commission shall incor- principles.
ment Company Act of 1940 (15 U.S.C. 80a–1 et porate all applicable data standards promul- ‘‘(C) INCORPORATION OF STANDARDS.—In
seq.) is amended— gated by the Secretary of the Treasury.’’. adopting data standards by rule under this
(1) in section 8, by adding at the end the (c) DATA STANDARDS FOR INFORMATION RE- paragraph, the Commission shall incorporate
following: QUIRED TO BE SUBMITTED OR PUBLISHED BY
all applicable data standards promulgated by
‘‘(g) DATA STANDARDS FOR REGISTRATION NATIONALLY RECOGNIZED STATISTICAL RATING the Secretary of the Treasury.’’.
STATEMENTS.— ORGANIZATIONS.—Section 15E of the Securi- (e) DATA STANDARDS FOR CORPORATE DIS-
‘‘(1) REQUIREMENT.—The Commission shall, ties Exchange Act of 1934 (15 U.S.C. 78o–7) is CLOSURES UNDER THE SECURITIES ACT OF
by rule, adopt data standards for all registra- amended by adding at the end the following: 1933.—Section 7 of the Securities Act of 1933
tion statements required to be filed with the (15 U.S.C. 77g) is amended by adding at the
Commission under this section, except that ‘‘(w) DATA STANDARDS FOR INFORMATION
end the following:
the Commission may exempt exhibits, signa- REQUIRED TO BE SUBMITTED OR PUBLISHED
UNDER THIS SECTION.— ‘‘(e) DATA STANDARDS.—
tures, and certifications from such data
‘‘(1) REQUIREMENT.—The Commission shall, ‘‘(1) REQUIREMENT.—The Commission shall,
standards.
by rule, adopt data standards for all informa- by rule, adopt data standards for all registra-
‘‘(2) CHARACTERISTICS.—The data standards
tion required to be submitted or published by tion statements and for all prospectuses in-
required by paragraph (1) shall, to the extent
a nationally recognized statistical rating or- cluded in registration statements required to
practicable—
ganization under this section. be filed with the Commission under this
‘‘(A) render data fully searchable and ma-
‘‘(2) CHARACTERISTICS.—The data standards title, except that the Commission may ex-
chine-readable (as defined under section 3502
required by paragraph (1) shall, to the extent empt exhibits, signatures, and certifications
of title 44, United States Code);
practicable— from such data standards.
‘‘(B) enable high quality data through
‘‘(A) render data fully searchable and ma- ‘‘(2) CHARACTERISTICS.—The data standards
schemas, with accompanying metadata (as
chine-readable (as defined under section 3502 required by paragraph (1) shall, to the extent
defined under section 3502 of title 44, United
of title 44, United States Code); practicable—
States Code) documented in machine-read-
‘‘(B) enable high quality data through ‘‘(A) render data fully searchable and ma-
able taxonomy or ontology models, which
schemas, with accompanying metadata (as chine-readable (as defined under section 3502
clearly define the data’s semantic meaning
defined under section 3502 of title 44, United of title 44, United States Code);
as defined by the underlying regulatory in-
States Code) documented in machine-read- ‘‘(B) enable high quality data through
formation collection requirements;
able taxonomy or ontology models, which schemas, with accompanying metadata (as
‘‘(C) assure that a data element or data
clearly define the data’s semantic meaning defined under section 3502 of title 44, United
asset that exists to satisfy an underlying
as defined by the underlying regulatory in- States Code) documented in machine-read-
regulatory information collection require-
formation collection requirements; able taxonomy or ontology models, which
ment be consistently identified as such in as-
‘‘(C) assure that a data element or data clearly define the data’s semantic meaning
sociated machine-readable metadata;
asset that exists to satisfy an underlying as defined by the underlying regulatory in-
‘‘(D) be nonproprietary or made available
regulatory information collection require- formation collection requirements;
under an open license (as defined under sec-
ment be consistently identified as such in as- ‘‘(C) assure that a data element or data
tion 3502 of title 44, United States Code);
sociated machine-readable metadata; asset that exists to satisfy an underlying
‘‘(E) incorporate standards developed and
‘‘(D) be nonproprietary or made available regulatory information collection require-
maintained by voluntary consensus stand-
under an open license (as defined under sec- ment be consistently identified as such in as-
ards bodies; and
tion 3502 of title 44, United States Code); sociated machine-readable metadata;
‘‘(F) use, be consistent with, and imple-
‘‘(E) incorporate standards developed and ‘‘(D) be nonproprietary or made available
ment applicable accounting and reporting
maintained by voluntary consensus stand- under an open license (as defined under sec-
principles.
ards bodies; and tion 3502 of title 44, United States Code);
‘‘(3) INCORPORATION OF STANDARDS.—In
‘‘(F) use, be consistent with, and imple- ‘‘(E) incorporate standards developed and
adopting data standards by rule under this
ment applicable accounting and reporting maintained by voluntary consensus stand-
subsection, the Commission shall incor-
principles. ards bodies; and
porate all applicable data standards promul-
‘‘(3) INCORPORATION OF STANDARDS.—In ‘‘(F) use, be consistent with, and imple-
gated by the Secretary of the Treasury.’’;
adopting data standards by rule under this ment applicable accounting and reporting
and
subsection, the Commission shall incor- principles.
(2) in section 30, by adding at the end the
porate all applicable data standards promul- ‘‘(3) INCORPORATION OF STANDARDS.—In
following:
gated by the Secretary of the Treasury.’’. adopting data standards by rule under this
‘‘(k) DATA STANDARDS FOR REPORTS.— subsection, the Commission shall incor-
‘‘(1) REQUIREMENT.—The Commission shall, (d) DATA STANDARDS FOR ASSET-BACKED porate all applicable data standards promul-
by rule, adopt data standards for all reports SECURITIES DISCLOSURES.—Section 7(c) of the gated by the Secretary of the Treasury.’’.
required to be filed with the Commission Securities Act of 1933 (15 U.S.C. 77g(c)) is
under this section, except that the Commis- amended by adding at the end the following: (f) DATA STANDARDS FOR PERIODIC AND CUR-
sion may exempt exhibits, signatures, and ‘‘(3) DATA STANDARDS FOR ASSET-BACKED SE- RENT CORPORATE DISCLOSURES UNDER THE SE-
certifications from such data standards. CURITIES DISCLOSURES.— CURITIES EXCHANGE ACT OF 1934.—Section 13
‘‘(2) CHARACTERISTICS.—The data standards ‘‘(A) REQUIREMENT.—The Commission of the Securities Exchange Act of 1934 (15
required by paragraph (1) shall, to the extent shall, by rule, adopt data standards for all U.S.C. 78m) is amended by adding at the end
practicable— disclosures required under this subsection. the following:
‘‘(A) render data fully searchable and ma- ‘‘(B) CHARACTERISTICS.—The data stand- ‘‘(s) DATA STANDARDS.—
chine-readable (as defined under section 3502 ards required by subparagraph (A) shall, to ‘‘(1) REQUIREMENT.—The Commission shall,
of title 44, United States Code); the extent practicable— by rule, adopt data standards for all informa-
‘‘(B) enable high quality data through ‘‘(i) render data fully searchable and ma- tion contained in periodic and current re-
schemas, with accompanying metadata (as chine-readable (as defined under section 3502 ports required to be filed or furnished under
defined under section 3502 of title 44, United of title 44, United States Code); this section or under section 15(d), except
States Code) documented in machine-read- ‘‘(ii) enable high quality data through that the Commission may exempt exhibits,
able taxonomy or ontology models, which schemas, with accompanying metadata (as signatures, and certifications from such data
clearly define the data’s semantic meaning defined under section 3502 of title 44, United standards.
as defined by the underlying regulatory in- States Code) documented in machine-read- ‘‘(2) CHARACTERISTICS.—The data standards
formation collection requirements; able taxonomy or ontology models, which required by paragraph (1) shall, to the extent
‘‘(C) assure that a data element or data clearly define the data’s semantic meaning practicable—
asset that exists to satisfy an underlying as defined by the underlying regulatory in- ‘‘(A) render data fully searchable and ma-
regulatory information collection require- formation collection requirements; chine-readable (as defined under section 3502
ment be consistently identified as such in as- ‘‘(iii) assure that a data element or data of title 44, United States Code);
sociated machine-readable metadata; asset that exists to satisfy an underlying ‘‘(B) enable high quality data through
‘‘(D) be nonproprietary or made available regulatory information collection require- schemas, with accompanying metadata (as
under an open license (as defined under sec- ment be consistently identified as such in as- defined under section 3502 of title 44, United
dlhill on DSK120RN23PROD with HOUSE
tion 3502 of title 44, United States Code); sociated machine-readable metadata; States Code) documented in machine-read-
‘‘(E) incorporate standards developed and ‘‘(iv) be nonproprietary or made available able taxonomy or ontology models, which
maintained by voluntary consensus stand- under an open license (as defined under sec- clearly define the data’s semantic meaning
ards bodies; and tion 3502 of title 44, United States Code); as defined by the underlying regulatory in-
‘‘(F) use, be consistent with, and imple- ‘‘(v) incorporate standards developed and formation collection requirements;
ment applicable accounting and reporting maintained by voluntary consensus stand- ‘‘(C) assure that a data element or data
principles. ards bodies; and asset that exists to satisfy an underlying
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6549
regulatory information collection require- as defined by the underlying regulatory in- as defined by the underlying regulatory in-
ment be consistently identified as such in as- formation collection requirements; formation collection requirements;
sociated machine-readable metadata; ‘‘(C) assure that a data element or data ‘‘(iii) assure that a data element or data
‘‘(D) be nonproprietary or made available asset that exists to satisfy an underlying asset that exists to satisfy an underlying
under an open license (as defined under sec- regulatory information collection require- regulatory information collection require-
tion 3502 of title 44, United States Code); ment be consistently identified as such in as- ment be consistently identified as such in as-
‘‘(E) incorporate standards developed and sociated machine-readable metadata; sociated machine-readable metadata;
maintained by voluntary consensus stand- ‘‘(D) be nonproprietary or made available ‘‘(iv) be nonproprietary or made available
ards bodies; and under an open license (as defined under sec- under an open license (as defined under sec-
‘‘(F) use, be consistent with, and imple- tion 3502 of title 44, United States Code); tion 3502 of title 44, United States Code);
ment applicable accounting and reporting ‘‘(E) incorporate standards developed and ‘‘(v) incorporate standards developed and
principles. maintained by voluntary consensus stand- maintained by voluntary consensus stand-
‘‘(3) INCORPORATION OF STANDARDS.—In ards bodies; and ards bodies; and
adopting data standards by rule under this ‘‘(F) use, be consistent with, and imple- ‘‘(vi) use, be consistent with, and imple-
subsection, the Commission shall incor- ment applicable accounting and reporting ment applicable accounting and reporting
porate all applicable data standards promul- principles. principles.
gated by the Secretary of the Treasury.’’. ‘‘(3) INCORPORATION OF STANDARDS.—In ‘‘(C) INCORPORATION OF STANDARDS.—In
(g) DATA STANDARDS FOR CORPORATE PROXY adopting data standards by rule under this adopting data standards under this para-
AND CONSENT SOLICITATION MATERIALS UNDER subsection, the Commission shall incor- graph, the Board shall incorporate all appli-
THE SECURITIES EXCHANGE ACT OF 1934.—Sec- porate all applicable data standards promul- cable data standards promulgated by the
tion 14 of the Securities Exchange Act of 1934 gated by the Secretary of the Treasury.’’. Secretary of the Treasury.’’.
(15 U.S.C. 78n) is amended by adding at the (i) RULEMAKING.— (b) RULEMAKING.—
end the following: (1) IN GENERAL.—Not later than the end of (1) IN GENERAL.—Not later than the end of
‘‘(k) DATA STANDARDS FOR PROXY AND CON- the 2-year period beginning on the date the the 2-year period beginning on the date the
SENT SOLICITATION MATERIALS.— final rule is promulgated pursuant to section final rule is promulgated pursuant to section
‘‘(1) REQUIREMENT.—The Commission shall, 124(a) of the Financial Stability Act of 2010, 124(a) of the Financial Stability Act of 2010,
by rule, adopt data standards for all informa- the Securities and Exchange Commission the Municipal Securities Rulemaking Board
tion contained in any proxy or consent solic- shall issue the regulations required under shall issue the regulations required under
itation material prepared by an issuer for an the amendments made by this section. the amendments made by this section.
annual meeting of the shareholders of the (2) SCALING OF REGULATORY REQUIRE- (2) SCALING OF REGULATORY REQUIRE-
issuer, except that the Commission may ex- MENTS.—In issuing the regulations required MENTS.—In issuing the regulations required
empt exhibits, signatures, and certifications under the amendments made by this section, under the amendments made by this section,
from such data standards. the Securities and Exchange Commission the Municipal Securities Rulemaking Board
‘‘(2) CHARACTERISTICS.—The data standards may scale data reporting requirements in may scale data reporting requirements in
required by paragraph (1) shall, to the extent order to reduce any unjustified burden on order to reduce any unjustified burden on
practicable— emerging growth companies, lending institu- smaller regulated entities.
‘‘(A) render data fully searchable and ma- tions, accelerated filers, smaller reporting (3) MINIMIZING DISRUPTION.—In issuing the
chine-readable (as defined under section 3502 companies, and other smaller issuers, as de- regulations required under the amendments
of title 44, United States Code); termined by the study required under section made by this section, the Municipal Securi-
‘‘(B) enable high quality data through 205(c), while still providing searchable infor- ties Rulemaking Board shall seek to mini-
schemas, with accompanying metadata (as mation to investors. mize disruptive changes to the persons af-
defined under section 3502 of title 44, United (3) MINIMIZING DISRUPTION.—In issuing the fected by such regulations.
States Code) documented in machine-read- regulations required under the amendments SEC. 204. DATA TRANSPARENCY AT NATIONAL SE-
able taxonomy or ontology models, which made by this section, the Securities and Ex- CURITIES ASSOCIATIONS.
clearly define the data’s semantic meaning change Commission shall seek to minimize
as defined by the underlying regulatory in- (a) IN GENERAL.—Section 15A of the Securi-
disruptive changes to the persons affected by ties Exchange Act of 1934 (15 U.S.C. 78o–3) is
formation collection requirements; such regulations.
‘‘(C) assure that a data element or data amended by adding at the end the following:
SEC. 202. OPEN DATA PUBLICATION BY THE SE- ‘‘(n) DATA STANDARDS.—
asset that exists to satisfy an underlying CURITIES AND EXCHANGE COMMIS-
regulatory information collection require- ‘‘(1) REQUIREMENT.—A national securities
SION.
ment be consistently identified as such in as- association registered pursuant to sub-
Section 4 of the Securities Exchange Act of
sociated machine-readable metadata; section (a) shall adopt data standards for all
1934 (15 U.S.C. 78d) is amended by adding at
‘‘(D) be nonproprietary or made available information that is regularly filed with or
the end the following:
under an open license (as defined under sec- ‘‘(k) OPEN DATA PUBLICATION.—All public submitted to the association.
tion 3502 of title 44, United States Code); information published by the Commission ‘‘(2) CHARACTERISTICS.—The data standards
‘‘(E) incorporate standards developed and under the securities laws and the Dodd- required by paragraph (1) shall, to the extent
maintained by voluntary consensus stand- Frank Wall Street Reform and Consumer practicable—
ards bodies; and Protection Act shall be made available as an ‘‘(A) render data fully searchable and ma-
‘‘(F) use, be consistent with, and imple- open Government data asset (as defined chine-readable (as defined under section 3502
ment applicable accounting and reporting under section 3502 of title 44, United States of title 44, United States Code);
principles. Code), freely available for download in bulk ‘‘(B) enable high quality data through
‘‘(3) INCORPORATION OF STANDARDS.—In and rendered in a human-readable format schemas, with accompanying metadata (as
adopting data standards by rule under this and accessible via application programming defined under section 3502 of title 44, United
subsection, the Commission shall incor- interface where appropriate.’’. States Code) documented in machine-read-
porate all applicable data standards promul- SEC. 203. DATA TRANSPARENCY AT THE MUNIC- able taxonomy or ontology models, which
gated by the Secretary of the Treasury.’’. IPAL SECURITIES RULEMAKING clearly define the data’s semantic meaning
(h) DATA STANDARDS FOR SECURITY-BASED BOARD. as defined by the underlying regulatory in-
SWAP REPORTING.—Section 15F of the Securi- (a) IN GENERAL.—Section 15B(b) of the Se- formation collection requirements;
ties Exchange Act of 1934 (15 U.S.C. 78o–10) is curities Exchange Act of 1934 (15 U.S.C. 78o– ‘‘(C) assure that a data element or data
amended by adding at the end the following: 4(b)) is amended by adding at the end the fol- asset that exists to satisfy an underlying
‘‘(m) DATA STANDARDS FOR SECURITY- lowing: regulatory information collection require-
BASED SWAP REPORTING.— ‘‘(8) DATA STANDARDS.— ment be consistently identified as such in as-
‘‘(1) REQUIREMENT.—The Commission shall, ‘‘(A) REQUIREMENT.—If the Board estab- sociated machine-readable metadata;
by rule, adopt data standards for all reports lishes information systems under paragraph ‘‘(D) be nonproprietary or made available
related to security-based swaps that are re- (3), the Board shall adopt data standards for under an open license (as defined under sec-
quired under this Act. information submitted via such systems. tion 3502 of title 44, United States Code);
‘‘(2) CHARACTERISTICS.—The data standards ‘‘(B) CHARACTERISTICS.—The data stand- ‘‘(E) incorporate standards developed and
required by paragraph (1) shall, to the extent ards required by subparagraph (A) shall, to maintained by voluntary consensus stand-
practicable— the extent practicable— ards bodies; and
‘‘(A) render data fully searchable and ma- ‘‘(i) render data fully searchable and ma- ‘‘(F) use, be consistent with, and imple-
chine-readable (as defined under section 3502 chine-readable (as defined under section 3502 ment applicable accounting and reporting
dlhill on DSK120RN23PROD with HOUSE
of title 44, United States Code); of title 44, United States Code); principles.
‘‘(B) enable high quality data through ‘‘(ii) enable high quality data through ‘‘(3) INCORPORATION OF STANDARDS.—In
schemas, with accompanying metadata (as schemas, with accompanying metadata (as adopting data standards under this sub-
defined under section 3502 of title 44, United defined under section 3502 of title 44, United section, the association shall incorporate all
States Code) documented in machine-read- States Code) documented in machine-read- applicable data standards promulgated by
able taxonomy or ontology models, which able taxonomy or ontology models, which the Secretary of the Treasury.’’.
clearly define the data’s semantic meaning clearly define the data’s semantic meaning (b) RULEMAKING.—
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H6550 CONGRESSIONAL RECORD — HOUSE July 14, 2022
(1) IN GENERAL.—Not later than the end of actment of this Act, this section shall have SEC. 303. RULEMAKING.
the 2-year period beginning on the date the no force or effect. (a) IN GENERAL.—Not later than the end of
final rule is promulgated pursuant to section SEC. 206. NO NEW DISCLOSURE REQUIREMENTS. the 2-year period beginning on the date the
124(a) of the Financial Stability Act of 2010, Nothing in this title or the amendments final rule is promulgated pursuant to section
a national securities association shall adopt made by this title shall be construed to re- 124(a) of the Financial Stability Act of 2010,
the standards required under the amend- quire the Securities and Exchange Commis- the Federal Deposit Insurance Corporation
ments made by this section. sion, the Municipal Securities Rulemaking shall issue the regulations required under
(2) SCALING OF REGULATORY REQUIRE- Board, or a national securities association to the amendments made by this title.
MENTS.—In adopting the standards required collect or make publicly available additional (b) SCALING OF REGULATORY REQUIRE-
under the amendments made by this section, MENTS.—In issuing the regulations required
information under the statutes amended by
a national securities association may scale this title, beyond information that was col- under the amendments made by this title,
data reporting requirements in order to re- the Federal Deposit Insurance Corporation
lected or made publicly available under such
duce any unjustified burden on smaller regu- may scale data reporting requirements in
statutes before the date of the enactment of
lated entities. order to reduce any unjustified burden on
this Act.
(3) MINIMIZING DISRUPTION.—In adopting smaller regulated entities.
TITLE III—FEDERAL DEPOSIT INSURANCE (c) MINIMIZING DISRUPTION.—In issuing the
the standards required under the amend-
CORPORATION regulations required under the amendments
ments made by this section, a national secu-
rities association shall seek to minimize dis- SEC. 301. DATA STANDARDS REQUIREMENTS FOR made by this title, the Federal Deposit In-
THE FEDERAL DEPOSIT INSURANCE surance Corporation shall seek to minimize
ruptive changes to the persons affected by CORPORATION.
such standards. disruptive changes to the persons affected by
The Federal Deposit Insurance Act (12 such regulations.
SEC. 205. SHORTER-TERM BURDEN REDUCTION
U.S.C. 1811 et seq.) is amended by adding at SEC. 304. NO NEW DISCLOSURE REQUIREMENTS.
AND DISCLOSURE SIMPLIFICATION
AT THE SECURITIES AND EXCHANGE the end the following: Nothing in this title or the amendments
COMMISSION; SUNSET. ‘‘SEC. 52. DATA STANDARDS. made by this title shall be construed to re-
(a) BETTER ENFORCEMENT OF THE QUALITY ‘‘(a) REQUIREMENT.—The Corporation shall, quire the Federal Deposit Insurance Corpora-
OF CORPORATE FINANCIAL DATA SUBMITTED TO by rule, adopt data standards for all informa- tion to collect or make publicly available ad-
THE SECURITIES AND EXCHANGE COMMISSION.— tion that the Corporation receives from any ditional information under the statutes
(1) DATA QUALITY IMPROVEMENT PROGRAM.— depository institution or financial company amended by this title, beyond information
Within six months after the date of the en- under this Act or under title II of the Dodd- that was collected or made publicly avail-
actment of this Act, the Commission shall Frank Wall Street Reform and Consumer able under such statutes before the date of
establish a program to improve the quality Protection Act. the enactment of this Act.
of corporate financial data filed or furnished ‘‘(b) CHARACTERISTICS.—The data standards TITLE IV—OFFICE OF THE COMPTROLLER
by issuers under the Securities Act of 1933, required by subsection (a) shall, to the ex- OF THE CURRENCY
the Securities Exchange Act of 1934, and the tent practicable— SEC. 401. DATA STANDARDS AND OPEN DATA
Investment Company Act of 1940. The pro- ‘‘(1) render data fully searchable and ma- PUBLICATION REQUIREMENTS FOR
gram shall include the following: chine-readable (as defined under section 3502 THE OFFICE OF THE COMPTROLLER
(A) The designation of an official in the Of- of title 44, United States Code); OF THE CURRENCY.
fice of the Chairman responsible for the im- ‘‘(2) enable high quality data through The Revised Statutes of the United States
provement of the quality of data filed with schemas, with accompanying metadata (as is amended by inserting after section 332 (12
or furnished to the Commission by issuers. defined under section 3502 of title 44, United U.S.C. 14) the following:
(B) The issuance by the Division of Cor- States Code) documented in machine-read- ‘‘SEC. 333. DATA STANDARDS; OPEN DATA PUBLI-
poration Finance of comment letters requir- able taxonomy or ontology models, which CATION.
ing correction of errors in data filings and clearly define the data’s semantic meaning ‘‘(a) DATA STANDARDS.—
submissions, where necessary. as defined by the underlying regulatory in- ‘‘(1) REQUIREMENT.—The Comptroller of the
(2) GOALS.—In establishing the program formation collection requirements; Currency shall, by rule, adopt data standards
under this section, the Commission shall ‘‘(3) assure that a data element or data for all information that is regularly filed
seek to— asset that exists to satisfy an underlying with or submitted to the Comptroller of the
(A) improve the quality of data filed with regulatory information collection require- Currency by any entity with respect to
or furnished to the Commission to a com- ment be consistently identified as such in as- which the Office of the Comptroller of the
mercially acceptable level; and sociated machine-readable metadata; Currency is the appropriate Federal banking
(B) make data filed with or furnished to ‘‘(4) be nonproprietary or made available agency (as defined under section 3 of the
the Commission useful to investors. under an open license (as defined under sec- Federal Deposit Insurance Act).
(b) REPORT ON THE USE OF MACHINE-READ- tion 3502 of title 44, United States Code); ‘‘(2) CHARACTERISTICS.—The data standards
ABLE DATA FOR CORPORATE DISCLOSURES.— ‘‘(5) incorporate standards developed and required by paragraph (1) shall, to the extent
(1) IN GENERAL.—Not later than six months maintained by voluntary consensus stand- practicable—
after the date of the enactment of this Act, ards bodies; and ‘‘(A) render data fully searchable and ma-
and every six months thereafter, the Com- ‘‘(6) use, be consistent with, and implement chine-readable (as defined under section 3502
mission shall issue a report to the Com- applicable accounting and reporting prin- of title 44, United States Code);
mittee on Financial Services of the House of ciples. ‘‘(B) enable high quality data through
Representatives and the Committee on ‘‘(c) INCORPORATION OF STANDARDS.—In schemas, with accompanying metadata (as
Banking, Housing, and Urban Affairs of the adopting data standards by rule under this defined under section 3502 of title 44, United
Senate on the public and internal use of ma- section, the Corporation shall incorporate all States Code) documented in machine-read-
chine-readable data for corporate disclo- applicable data standards promulgated by able taxonomy or ontology models, which
sures. the Secretary of the Treasury. clearly define the data’s semantic meaning
(2) CONTENT.—Each report required under ‘‘(d) FINANCIAL COMPANY DEFINED.—For as defined by the underlying regulatory in-
paragraph (1) shall include— purposes of this section, the term ‘financial formation collection requirements;
(A) an identification of which corporate company’ has the meaning given that term ‘‘(C) assure that a data element or data
disclosures required under section 7 of the under section 201(a) of the Dodd-Frank Wall asset that exists to satisfy an underlying
Securities Act of 1933, section 13 of the Secu- Street Reform and Consumer Protection Act regulatory information collection require-
rities Exchange Act of 1934, or section 14 of (12 U.S.C. 5381(a)).’’. ment be consistently identified as such in as-
the Securities Exchange Act of 1934 are ex- SEC. 302. OPEN DATA PUBLICATION BY THE FED- sociated machine-readable metadata;
pressed as machine-readable data and which ERAL DEPOSIT INSURANCE COR- ‘‘(D) be nonproprietary or made available
are not; PORATION. under an open license (as defined under sec-
(B) an analysis of the costs and benefits of The Federal Deposit Insurance Act (12 tion 3502 of title 44, United States Code);
the use of machine-readable data in cor- U.S.C. 1811 et seq.), as amended by section ‘‘(E) incorporate standards developed and
porate disclosure to investors, markets, the 301, is further amended by adding at the end maintained by voluntary consensus stand-
Commission, and issuers; the following: ards bodies; and
(C) a summary of enforcement actions that ‘‘SEC. 53. OPEN DATA PUBLICATION. ‘‘(F) use, be consistent with, and imple-
result from the use or analysis of machine- ‘‘All public information published by the ment applicable accounting and reporting
readable data collected under section 7 of the Corporation under this Act or under the principles.
Securities Act of 1933, section 13 of the Secu- Dodd-Frank Wall Street Reform and Con- ‘‘(3) INCORPORATION OF STANDARDS.—In
dlhill on DSK120RN23PROD with HOUSE
rities Exchange Act of 1934, or section 14 of sumer Protection Act shall be made avail- adopting data standards by rule under this
the Securities Exchange Act of 1934; and able as an open Government data asset (as subsection, the Comptroller of the Currency
(D) an analysis of how the Commission is defined under section 3502 of title 44, United shall incorporate all applicable data stand-
itself using the machine-readable data col- States Code), freely available for download ards promulgated by the Secretary of the
lected by the Commission. in bulk and rendered in a human-readable Treasury.
(c) SUNSET.—On and after the end of the 7- format and accessible via application pro- ‘‘(b) OPEN DATA PUBLICATION.—All public
year period beginning on the date of the en- gramming interface where appropriate.’’. information published by the Comptroller of
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6551
the Currency under title LXII or the Dodd- ‘‘SEC. 1020. OPEN DATA PUBLICATION. ‘‘(v) incorporate standards developed and
Frank Wall Street Reform and Consumer ‘‘All public information published by the maintained by voluntary consensus stand-
Protection Act shall be made available as an Bureau shall be made available as an open ards bodies; and
open Government data asset (as defined Government data asset (as defined under sec- ‘‘(vi) use, be consistent with, and imple-
under section 3502 of title 44, United States tion 3502 of title 44, United States Code), ment applicable accounting and reporting
Code), freely available for download in bulk freely available for download in bulk and principles.
and rendered in a human-readable format rendered in a human-readable format and ac- ‘‘(C) INCORPORATION OF STANDARDS.—In
and accessible via application programming cessible via application programming inter- adopting data standards by rule under this
interface where appropriate.’’. face where appropriate.’’. paragraph, the Board of Governors shall in-
SEC. 402. RULEMAKING. (b) CLERICAL AMENDMENT.—The table of corporate all applicable data standards pro-
(a) IN GENERAL.—Not later than the end of contents under section 1(b) of the Dodd- mulgated by the Secretary of the Treas-
the 2-year period beginning on the date the Frank Wall Street Reform and Consumer ury.’’.
final rule is promulgated pursuant to section Protection Act is amended by inserting after (b) DATA STANDARDS FOR INFORMATION
124(a) of the Financial Stability Act of 2010, the item relating to section 1018 the fol- FILED OR SUBMITTED BY SAVINGS AND LOAN
the Comptroller of the Currency shall issue lowing: HOLDING COMPANIES.—Section 10 of the Home
the regulations required under the amend- ‘‘Sec. 1019. Data standards. Owners’ Loan Act (12 U.S.C. 1467a) is amend-
ments made by this title. ‘‘Sec. 1020. Open data publication.’’. ed by adding at the end the following:
(b) SCALING OF REGULATORY REQUIRE- SEC. 502. RULEMAKING.
‘‘(u) DATA STANDARDS.—
MENTS.—In issuing the regulations required ‘‘(1) REQUIREMENT.—The Board shall adopt
(a) IN GENERAL.—Not later than the end of
under the amendments made by this title, data standards for all information that is
the 2-year period beginning on the date the
the Comptroller of the Currency may scale regularly filed with or submitted to the
final rule is promulgated pursuant to section
data reporting requirements in order to re- Board by any savings and loan holding com-
124(a) of the Financial Stability Act of 2010,
duce any unjustified burden on smaller regu- pany, or subsidiary of a savings and loan
the Bureau of Consumer Financial Protec-
lated entities. holding company, other than a depository in-
tion shall issue the regulations required
(c) MINIMIZING DISRUPTION.—In issuing the stitution, under this section.
under the amendments made by this title.
regulations required under the amendments ‘‘(2) CHARACTERISTICS.—The data standards
(b) SCALING OF REGULATORY REQUIRE-
made by this title, the Comptroller of the required by this subsection shall, to the ex-
MENTS.—In issuing the regulations required
Currency shall seek to minimize disruptive tent practicable—
under the amendments made by this title,
changes to the persons affected by such regu- ‘‘(A) render data fully searchable and ma-
the Bureau of Consumer Financial Protec-
lations. chine-readable (as defined under section 3502
tion may scale data reporting requirements
SEC. 403. NO NEW DISCLOSURE REQUIREMENTS. of title 44, United States Code);
in order to reduce any unjustified burden on
Nothing in this title or the amendments ‘‘(B) enable high quality data through
smaller regulated entities.
made by this title shall be construed to re- (c) MINIMIZING DISRUPTION.—In issuing the schemas, with accompanying metadata (as
quire the Comptroller of the Currency to col- regulations required under the amendments defined under section 3502 of title 44, United
lect or make publicly available additional made by this title, the Bureau of Consumer States Code) documented in machine-read-
information under the statutes amended by Financial Protection shall seek to minimize able taxonomy or ontology models, which
this title, beyond information that was col- disruptive changes to the persons affected by clearly define the data’s semantic meaning
lected or made publicly available under such such regulations. as defined by the underlying regulatory in-
statutes before the date of the enactment of formation collection requirements;
SEC. 503. NO NEW DISCLOSURE REQUIREMENTS.
this Act. ‘‘(C) assure that a data element or data
Nothing in this title or the amendments
TITLE V—BUREAU OF CONSUMER asset that exists to satisfy an underlying
made by this title shall be construed to re-
FINANCIAL PROTECTION regulatory information collection require-
quire the Bureau of Consumer Financial Pro-
SEC. 501. DATA STANDARDS AND OPEN DATA ment be consistently identified as such in as-
tection to collect or make publicly available
PUBLICATION REQUIREMENTS FOR sociated machine-readable metadata;
additional information under the statutes
THE BUREAU OF CONSUMER FINAN- ‘‘(D) be nonproprietary or made available
CIAL PROTECTION. amended by this title, beyond information
under an open license (as defined under sec-
(a) IN GENERAL.—The Consumer Financial that was collected or made publicly avail-
tion 3502 of title 44, United States Code);
Protection Act of 2010 (12 U.S.C. 5481 et seq.) able under such statutes before the date of
‘‘(E) incorporate standards developed and
is amended by inserting after section 1018 the enactment of this Act.
maintained by voluntary consensus stand-
the following: TITLE VI—FEDERAL RESERVE SYSTEM ards bodies; and
‘‘SEC. 1019. DATA STANDARDS. SEC. 601. DATA STANDARDS REQUIREMENTS FOR ‘‘(F) use, be consistent with, and imple-
‘‘(a) REQUIREMENT.—The Bureau shall, by THE BOARD OF GOVERNORS OF THE ment applicable accounting and reporting
rule, adopt data standards for all informa- FEDERAL RESERVE SYSTEM. principles.
tion that is regularly filed with or submitted (a) DATA STANDARDS FOR INFORMATION ‘‘(3) INCORPORATION OF STANDARDS.—In
to the Bureau. FILED OR SUBMITTED BY NONBANK FINANCIAL adopting data standards by rule under this
‘‘(b) CHARACTERISTICS.—The data standards COMPANIES.—Section 161(a) of the Financial section, the Board of Governors shall incor-
required by subsection (a) shall, to the ex- Stability Act of 2010 (12 U.S.C. 5361(a)) is porate all applicable data standards promul-
tent practicable— amended by adding at the end the following: gated by the Secretary of the Treasury.’’.
‘‘(1) render data fully searchable and ma- ‘‘(4) DATA STANDARDS FOR REPORTS UNDER (c) DATA STANDARDS FOR INFORMATION
chine-readable (as defined under section 3502 THIS SUBSECTION.— FILED OR SUBMITTED BY BANK HOLDING COM-
of title 44, United States Code); ‘‘(A) IN GENERAL.—The Board of Governors PANIES.—Section 5 of the Bank Holding Com-
‘‘(2) enable high quality data through shall adopt data standards for all financial pany Act of 1956 (12 U.S.C. 1844) is amended
schemas, with accompanying metadata (as data that is regularly filed with or submitted by adding at the end the following:
defined under section 3502 of title 44, United to the Board of Governors by any nonbank fi- ‘‘(h) DATA STANDARDS.—
States Code) documented in machine-read- nancial company supervised by the Board of ‘‘(1) REQUIREMENT.—The Board shall adopt
able taxonomy or ontology models, which Governors pursuant to this subsection. data standards for all information that is
clearly define the data’s semantic meaning ‘‘(B) CHARACTERISTICS.—The data stand- regularly filed with or submitted to the
as defined by the underlying regulatory in- ards required by this section shall, to the ex- Board by any bank holding company in a re-
formation collection requirements; tent practicable— port under subsection (c).
‘‘(3) assure that a data element or data ‘‘(i) render data fully searchable and ma- ‘‘(2) CHARACTERISTICS.—The data standards
asset that exists to satisfy an underlying chine-readable (as defined under section 3502 required by this subsection shall, to the ex-
regulatory information collection require- of title 44, United States Code); tent practicable—
ment be consistently identified as such in as- ‘‘(ii) enable high quality data through ‘‘(A) render data fully searchable and ma-
sociated machine-readable metadata; schemas, with accompanying metadata (as chine-readable (as defined under section 3502
‘‘(4) be nonproprietary or made available defined under section 3502 of title 44, United of title 44, United States Code);
under an open license (as defined under sec- States Code) documented in machine-read- ‘‘(B) enable high quality data through
tion 3502 of title 44, United States Code); able taxonomy or ontology models, which schemas, with accompanying metadata (as
‘‘(5) incorporate standards developed and clearly define the data’s semantic meaning defined under section 3502 of title 44, United
maintained by voluntary consensus stand- as defined by the underlying regulatory in- States Code) documented in machine-read-
ards bodies; and formation collection requirements; able taxonomy or ontology models, which
‘‘(6) use, be consistent with, and implement ‘‘(iii) assure that a data element or data clearly define the data’s semantic meaning
dlhill on DSK120RN23PROD with HOUSE
applicable accounting and reporting prin- asset that exists to satisfy an underlying as defined by the underlying regulatory in-
ciples. regulatory information collection require- formation collection requirements;
‘‘(c) INCORPORATION OF STANDARDS.—In ment be consistently identified as such in as- ‘‘(C) assure that a data element or data
adopting data standards by rule under this sociated machine-readable metadata; asset that exists to satisfy an underlying
section, the Bureau shall incorporate all ap- ‘‘(iv) be nonproprietary or made available regulatory information collection require-
plicable data standards promulgated by the under an open license (as defined under sec- ment be consistently identified as such in as-
Secretary of the Treasury. tion 3502 of title 44, United States Code); sociated machine-readable metadata;
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H6552 CONGRESSIONAL RECORD — HOUSE July 14, 2022
‘‘(D) be nonproprietary or made available final rule is promulgated pursuant to section download in bulk and rendered in a human-
under an open license (as defined under sec- 124(a) of the Financial Stability Act of 2010, readable format and accessible via applica-
tion 3502 of title 44, United States Code); the Board of Governors of the Federal Re- tion programming interface where appro-
‘‘(E) incorporate standards developed and serve System shall issue the regulations re- priate.’’.
maintained by voluntary consensus stand- quired under the amendments made by this SEC. 703. RULEMAKING.
ards bodies; and title. (a) IN GENERAL.—Not later than the end of
‘‘(F) use, be consistent with, and imple- (b) SCALING OF REGULATORY REQUIRE- the 2-year period beginning on the date the
ment applicable accounting and reporting MENTS.—In issuing the regulations required final rule is promulgated pursuant to section
principles. under the amendments made by this title, 124(a) of the Financial Stability Act of 2010,
‘‘(3) INCORPORATION OF STANDARDS.—In the Board of Governors of the Federal Re- the National Credit Union Administration
adopting data standards under this sub- serve System may scale data reporting re- Board shall issue the regulations required
section, the Board shall incorporate all ap- quirements in order to reduce any unjusti- under the amendments made by this title.
plicable data standards promulgated by the fied burden on smaller regulated entities. (b) SCALING OF REGULATORY REQUIRE-
Secretary of the Treasury.’’. (c) MINIMIZING DISRUPTION.—In issuing the MENTS.—In issuing the regulations required
(d) DATA STANDARDS FOR INFORMATION SUB- regulations required under the amendments under the amendments made by this title,
MITTED BY FINANCIAL MARKET UTILITIES OR made by this title, the Board of Governors of the National Credit Union Administration
INSTITUTIONS UNDER THE PAYMENT, CLEAR- the Federal Reserve System shall seek to Board may scale data reporting require-
ING, AND SETTLEMENT SUPERVISION ACT OF minimize disruptive changes to the persons ments in order to reduce any unjustified bur-
2010.—Section 809 of the Payment, Clearing, affected by such regulations. den on smaller regulated entities.
and Settlement Supervision Act of 2010 (12 SEC. 604. NO NEW DISCLOSURE REQUIREMENTS. (c) MINIMIZING DISRUPTION.—In issuing the
U.S.C. 5468) is amended by adding at the end Nothing in this title or the amendments regulations required under the amendments
the following: made by this title shall be construed to re- made by this title, the National Credit Union
‘‘(h) DATA STANDARDS.— quire the Board of Governors of the Federal Administration Board shall seek to minimize
‘‘(1) REQUIREMENT.—The Board of Gov- Reserve System to collect or make publicly disruptive changes to the persons affected by
ernors shall adopt data standards for all in- available additional information under the such regulations.
formation that is regularly filed with or sub- statutes amended by this title, beyond infor- SEC. 704. NO NEW DISCLOSURE REQUIREMENTS.
mitted to the Board by any financial market mation that was collected or made publicly Nothing in this title or the amendments
utility or financial institution under sub- available under such statutes before the date made by this title shall be construed to re-
section (a) or (b). of the enactment of this Act. quire the National Credit Union Administra-
‘‘(2) CHARACTERISTICS.—The data standards
TITLE VII—NATIONAL CREDIT UNION tion Board to collect or make publicly avail-
required by this subsection shall, to the ex-
ADMINISTRATION able additional information under the stat-
tent practicable—
SEC. 701. DATA STANDARDS. utes amended by this title, beyond informa-
‘‘(A) render data fully searchable and ma-
Title I of the Federal Credit Union Act (12 tion that was collected or made publicly
chine-readable (as defined under section 3502
U.S.C. 1752 et seq.) is amended by adding at available under such statutes before the date
of title 44, United States Code);
the end the following: of the enactment of this Act.
‘‘(B) enable high quality data through
schemas, with accompanying metadata (as ‘‘SEC. 132. DATA STANDARDS. TITLE VIII—FEDERAL HOUSING FINANCE
defined under section 3502 of title 44, United ‘‘(a) REQUIREMENT.—The Board shall, by AGENCY
States Code) documented in machine-read- rule, adopt data standards for all informa- SEC. 801. DATA STANDARDS REQUIREMENTS FOR
able taxonomy or ontology models, which tion and reports regularly filed with or sub- THE FEDERAL HOUSING FINANCE
clearly define the data’s semantic meaning mitted to the Administration under this Act. AGENCY.
as defined by the underlying regulatory in- ‘‘(b) CHARACTERISTICS.—The data standards Part 1 of subtitle A of the Federal Housing
formation collection requirements; required by subsection (a) shall, to the ex- Enterprises Financial Safety and Soundness
‘‘(C) assure that a data element or data tent practicable— Act of 1992 (12 U.S.C. 4501 et seq.) is amended
asset that exists to satisfy an underlying ‘‘(1) render data fully searchable and ma- by adding at the end the following:
regulatory information collection require- chine-readable (as defined under section 3502 ‘‘SEC. 1319H. DATA STANDARDS.
ment be consistently identified as such in as- of title 44, United States Code); ‘‘(a) REQUIREMENT.—The Agency shall, by
sociated machine-readable metadata; ‘‘(2) enable high quality data through rule, adopt data standards for all informa-
‘‘(D) be nonproprietary or made available schemas, with accompanying metadata (as tion that is regularly filed with or submitted
under an open license (as defined under sec- defined under section 3502 of title 44, United to the Agency under this Act.
tion 3502 of title 44, United States Code); States Code) documented in machine-read- ‘‘(b) CHARACTERISTICS.—The data standards
‘‘(E) incorporate standards developed and able taxonomy or ontology models, which required by subsection (a) shall, to the ex-
maintained by voluntary consensus stand- clearly define the data’s semantic meaning tent practicable—
ards bodies; and as defined by the underlying regulatory in- ‘‘(1) render data fully searchable and ma-
‘‘(F) use, be consistent with, and imple- formation collection requirements; chine-readable (as defined under section 3502
ment applicable accounting and reporting ‘‘(3) assure that a data element or data of title 44, United States Code);
principles. asset that exists to satisfy an underlying ‘‘(2) enable high quality data through
‘‘(3) INCORPORATION OF STANDARDS.—In regulatory information collection require- schemas, with accompanying metadata (as
adopting data standards under this sub- ment be consistently identified as such in as- defined under section 3502 of title 44, United
section, the Board of Governors shall incor- sociated machine-readable metadata; States Code) documented in machine-read-
porate all applicable data standards promul- ‘‘(4) be nonproprietary or made available able taxonomy or ontology models, which
gated by the Secretary of the Treasury.’’. under an open license (as defined under sec- clearly define the data’s semantic meaning
SEC. 602. OPEN DATA PUBLICATION BY THE tion 3502 of title 44, United States Code); as defined by the underlying regulatory in-
BOARD OF GOVERNORS OF THE FED- ‘‘(5) incorporate standards developed and formation collection requirements;
ERAL RESERVE SYSTEM. maintained by voluntary consensus stand- ‘‘(3) assure that a data element or data
The Federal Reserve Act (12 U.S.C. 226 et ards bodies; and asset that exists to satisfy an underlying
seq.) is amended by adding at the end the fol- ‘‘(6) use, be consistent with, and implement regulatory information collection require-
lowing: applicable accounting and reporting prin- ment be consistently identified as such in as-
‘‘SEC. 32. OPEN DATA PUBLICATION BY THE ciples. sociated machine-readable metadata;
BOARD OF GOVERNORS. ‘‘(c) INCORPORATION OF STANDARDS.—In ‘‘(4) be nonproprietary or made available
‘‘All public information published by the adopting data standards by rule under this under an open license (as defined under sec-
Board of Governors under this Act, the Bank section, the Board shall incorporate all ap- tion 3502 of title 44, United States Code);
Holding Company Act of 1956, the Financial plicable data standards promulgated by the ‘‘(5) incorporate standards developed and
Stability Act of 2010, the Home Owners’ Loan Secretary of the Treasury.’’. maintained by voluntary consensus stand-
Act, the Payment, Clearing, and Settlement SEC. 702. OPEN DATA PUBLICATION BY THE NA- ards bodies; and
Supervision Act of 2010, or the Enhancing Fi- TIONAL CREDIT UNION ADMINIS- ‘‘(6) use, be consistent with, and implement
nancial Institution Safety and Soundness TRATION. applicable accounting and reporting prin-
Act of 2010 shall be made available as an Title I of the Federal Credit Union Act (12 ciples.
open Government data asset (as defined U.S.C. 1752 et seq.), as amended by section ‘‘(c) INCORPORATION OF STANDARDS.—In
under section 3502 of title 44, United States 801, is further amended by adding at the end adopting data standards by rule under this
Code), freely available for download in bulk the following: section, the Agency shall incorporate all ap-
dlhill on DSK120RN23PROD with HOUSE
and rendered in a human-readable format ‘‘SEC. 133. OPEN DATA PUBLICATION. plicable data standards promulgated by the
and accessible via application programming ‘‘All public information published by the Secretary of the Treasury.’’.
interface where appropriate.’’. Administration under this title shall be SEC. 802. OPEN DATA PUBLICATION BY THE FED-
SEC. 603. RULEMAKING. made available as an open Government data ERAL HOUSING FINANCE AGENCY.
(a) IN GENERAL.—Not later than the end of asset (as defined under section 3502 of title Part 1 of subtitle A of the Federal Housing
the 2-year period beginning on the date the 44, United States Code), freely available for Enterprises Financial Safety and Soundness
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6553
Act of 1992 (12 U.S.C. 4501 et seq.), as amend- of the Federal Reserve System, the National AMENDMENT NO. 578 OFFERED BY MR. MCGOVERN
ed by section 901, is further amended by add- Credit Union Administration Board, or the OF MASSACHUSETTS
ing at the end the following: Federal Housing Finance Agency to amend Add at the end of title LVIII of division E
‘‘SEC. 1319I. OPEN DATA PUBLICATION. existing regulations and procedures regard- the following:
‘‘All public information published by the ing the sharing and disclosure of nonpublic
information, including confidential super- SEC. lll. REPORTING ON INTERNATIONALLY
Agency under this Act shall be made avail- RECOGNIZED HUMAN RIGHTS IN
able as an open Government data asset (as visory information. THE UNITED STATES IN THE AN-
defined under section 3502 of title 44, United SEC. 903. DISCRETIONARY SURPLUS FUND. NUAL COUNTRY REPORTS ON
States Code), freely available for download (a) IN GENERAL.—The dollar amount speci- HUMAN RIGHTS PRACTICES.
in bulk and rendered in a human-readable fied under section 7(a)(3)(A) of the Federal Section 116 of the Foreign Assistance Act
format and accessible via application pro- Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced of 1961 (22 U.S.C. 2151n) is amended by adding
gramming interface where appropriate.’’. by $137,000,000. at the end the following:
SEC. 803. RULEMAKING. ‘‘(h) INTERNATIONALLY RECOGNIZED HUMAN
(b) EFFECTIVE DATE.—The amendment
(a) IN GENERAL.—Not later than the end of made by subsection (a) shall take effect on RIGHTS IN THE UNITED STATES.—The report
the 2-year period beginning on the date the September 30, 2022. required by subsection (d) shall include a
final rule is promulgated pursuant to section section that provides a list of reports pub-
124(a) of the Financial Stability Act of 2010, AMENDMENT NO. 577 OFFERED BY MS. MATSUI OF
lished during the prior year by United States
the Federal Housing Finance Agency shall CALIFORNIA
government agencies on the status of inter-
issue the regulations required under the At the end of subtitle l of title l, insert nationally recognized human rights in the
amendments made by this title. the following: United States, including reports issued by
(b) MINIMIZING DISRUPTION.—In issuing the the Department of Justice, the Department
SEC. ll. JAPANESE AMERICAN CONFINEMENT
regulations required under the amendments EDUCATION GRANTS. of Homeland Security and the United States
made by this title, the Federal Housing Fi- Commission on Civil Rights.’’.
nance Agency shall seek to minimize disrup- Public Law 109–441 (120 Stat. 3290) is
amended— AMENDMENT NO. 579 OFFERED BY MR. MCGOVERN
tive changes to the persons affected by such
(1) in section 2, by adding at the end the OF MASSACHUSETTS
regulations.
SEC. 804. NO NEW DISCLOSURE REQUIREMENTS.
following: Add at the end of title LVIII of division E
‘‘(4) JAPANESE AMERICAN CONFINEMENT EDU- the following:
Nothing in this title or the amendments
CATION GRANTS.—The term ‘Japanese Amer-
made by this title shall be construed to re- SEC. llll. EXPORT PROHIBITION OF MUNI-
ican Confinement Education Grants’ means TIONS ITEMS TO THE HONG KONG
quire the Federal Housing Finance Agency
competitive grants, awarded through the POLICE FORCE.
to collect or make publicly available addi-
Japanese American Confinement Sites Pro-
tional information under the statutes Section 3 of the Act entitled ‘‘An Act to
gram, for Japanese American organizations
amended by this title, beyond information prohibit the commercial export of covered
to educate individuals, including through the
that was collected or made publicly avail- munitions items to the Hong Kong Police
use of digital resources, in the United States
able under such statutes before the date of Force’’, approved November 27, 2019 (Public
on the historical importance of Japanese
the enactment of this Act. Law 116–77; 133 Stat. 1173), is amended by
American confinement during World War II,
TITLE IX—MISCELLANEOUS striking ‘‘December 31, 2021’’ and inserting
so that present and future generations may
the following: ‘‘December 31, 2024’’.
SEC. 901. RULES OF CONSTRUCTION. learn from Japanese American confinement
(a) NO EFFECT ON INTELLECTUAL PROP- and the commitment of the United States to AMENDMENT NO. 580 OFFERED BY MR. MCGOVERN
ERTY.—Nothing in this Act or the amend- equal justice under the law. OF MASSACHUSETTS
ments made by this Act may be construed to ‘‘(5) JAPANESE AMERICAN ORGANIZATION.— At the end of title LI of division E, add the
alter the existing legal protections of copy- The term ‘Japanese American organization’ following:
righted material or other intellectual prop- means a private nonprofit organization with-
SEC. ll. ELIMINATION OF ASSET AND INFRA-
erty rights of any non-Federal person. in the United States established to promote
STRUCTURE REVIEW COMMISSION
(b) NO EFFECT ON MONETARY POLICY.— the understanding and appreciation of the OF DEPARTMENT OF VETERANS AF-
Nothing in this Act or the amendments made ethnic and cultural diversity of the United FAIRS.
by this Act may be construed to apply to ac- States by illustrating the Japanese Amer-
The VA Asset and Infrastructure Review
tivities conducted, or data standards used, ican experience throughout the history of
Act of 2018 (subtitle A of title II of Public
exclusively in connection with a monetary the United States.’’; and
Law 115–182; 38 U.S.C. 8122 note) is amended
policy proposed or implemented by the (2) in section 4—
by striking each section other than sections
Board of Governors of the Federal Reserve (A) by inserting ‘‘(a) IN GENERAL.—’’ before
204(b) and 207.
System or the Federal Open Market Com- ‘‘There are authorized’’;
mittee. (B) by striking ‘‘$38,000,000’’ and inserting AMENDMENT NO. 581 OFFERED BY MR. MCGOVERN
(c) PRESERVATION OF AGENCY AUTHORITY TO ‘‘$80,000,000’’; and OF MASSACHUSETTS
TAILOR REGULATIONS.—Nothing in this Act (C) by adding at the end the following: At the end of division E, add the following:
or the amendments made by this Act may be ‘‘(b) JAPANESE AMERICAN CONFINEMENT
TITLE LIX—PROHIBITION OF ARMS SALES
construed to— EDUCATION GRANTS.—
TO COUNTRIES COMMITTING GENOCIDE
(1) require Federal agencies to incorporate ‘‘(1) IN GENERAL.—Of the amounts made
OR WAR CRIMES AND RELATED MAT-
identical data standards to those promul- available under this section, not more than
TERS
gated by the Secretary of the Treasury; or $10,000,000 shall be awarded as Japanese
(2) prohibit Federal agencies from tailoring American Confinement Education Grants to SEC. 5901. PROHIBITION OF ARMS SALES TO
such standards when issuing rules under this Japanese American organizations. Such COUNTRIES COMMITTING GENOCIDE
Act and the amendments made by this Act OR WAR CRIMES.
competitive grants shall be in an amount not
to adopt data standards. less than $750,000 and the Secretary shall (a) IN GENERAL.—No sale, export, or trans-
SEC. 902. CLASSIFIED AND PROTECTED INFOR- give priority consideration to Japanese fer of defense articles or defense services
MATION. American organizations with fewer than 100 may occur to any country if the Secretary of
(a) IN GENERAL.—Nothing in this Act or employees. State has credible information that the gov-
the amendments made by this Act shall re- ‘‘(2) MATCHING REQUIREMENT.— ernment of such country has committed or is
quire the disclosure to the public of— ‘‘(A) FIFTY PERCENT.—Except as provided committing genocide or violations of inter-
(1) information that would be exempt from in subparagraph (B), for funds awarded under national humanitarian law after the date of
disclosure under section 552 of title 5, United this subsection, the Secretary shall require a the enactment of this Act.
States Code (commonly known as the ‘‘Free- 50 percent match with non-Federal assets (b) EXCEPTION.—The restriction under sub-
dom of Information Act’’); or from non-Federal sources, which may in- section (a) shall not apply if the Secretary of
(2) information protected under section clude cash or durable goods and materials State certifies to the appropriate congres-
552a of title 5, United States Code (com- fairly valued, as determined by the Sec- sional committees that—
monly known as the ‘‘Privacy Act of 1974’’), retary. (1) the government has adequately pun-
or section 6103 of the Internal Revenue Code ‘‘(B) WAIVER.—The Secretary may waive ished the persons directly or indirectly re-
of 1986. all or part of the matching requirement sponsible for such acts through a credible,
(b) EXISTING AGENCY REGULATIONS.—Noth- under subparagraph (A), if the Secretary de- transparent, and effective judicial process;
dlhill on DSK120RN23PROD with HOUSE
ing in this Act or the amendments made by termines that— (2) appropriate measures have been insti-
this Act shall be construed to require the ‘‘(i) no reasonable means are available tuted to ensure that such acts will not recur;
Secretary of the Treasury, the Securities through which an applicant can meet the and
and Exchange Commission, the Federal De- matching requirement; and (3) other appropriate compensation or ap-
posit Insurance Corporation, the Comptroller ‘‘(ii) the probable benefit of the project propriate compensatory measures have been
of the Currency, the Bureau of Consumer Fi- funded outweighs the public interest in such or are being provided to the persons harmed
nancial Protection, the Board of Governors matching requirement.’’. by such acts.
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H6554 CONGRESSIONAL RECORD — HOUSE July 14, 2022
SEC. 5902. CONSIDERATION OF HUMAN RIGHTS SEC. 5904. END USE MONITORING OF MISUSE OF (1) justifies any determination of the Sec-
AND DEMOCRATIZATION IN ARMS ARMS IN HUMAN RIGHTS ABUSES. retary to make rewards under such program
EXPORTS. (a) END USE MONITORING.—Section in a form that includes cryptocurrency;
(a) IN GENERAL.—In considering the sale, 40A(a)(2)(B) of the Arms Export Control Act (2) lists each cryptocurrency payment
export, or transfer of defense articles and de- (22 U.S.C. 2785) is amended— made under such program as of the date of
fense services to foreign countries, the Sec- (1) in clause (i), by striking ‘‘; and’’ and in- the submission of the report;
retary of State shall— serting a semicolon; (3) provides evidence of the manner and ex-
(1) also consider the extent to which the (2) in clause (ii), by striking the period at tent to which cryptocurrency payments
government of the foreign country protects the end and inserting ‘‘and;’’; and would be more likely to induce whistle-
human rights and supports democratic insti- (3) by adding at the end the following new blowers to come forward with information
tutions, including an independent judiciary; clause: than rewards paid out in United States dol-
and ‘‘(iii) such articles and services are not lars or other forms of money or nonmone-
(2) ensure that the views and expertise of being used to violate international humani- tary items; and
the Bureau of Democracy, Human Rights, tarian law or internationally recognized (4) examines whether the Department’s use
and Labor of the Department of State in con- human rights.’’. of cryptocurrency could provide bad actors
nection with any sale, export, or transfer are (b) REPORT.—The Secretary shall report to with additional hard-to-trace funds that
fully taken into account. the appropriate congressional committees on could be used for criminal or illicit purposes.
(b) INSPECTOR GENERAL OVERSIGHT.—Not the measures that will be taken, including AMENDMENT NO. 584 OFFERED BY MR. MEEKS OF
later than one year after the date of the en- any additional resources needed, to conduct NEW YORK
actment of this Act, and annually thereafter an effective end-use monitoring program to
fulfill the requirement of clause (iii) of sec- Page 1348, after line 23, insert the fol-
for four years, the Inspector General of the lowing:
Department of State shall submit to the ap- tion 40A(a)(2)(B) of the Arms Export Control
propriate congressional committees a report Act, as added by subsection (a)(3). TITLE LVIX—BURMA ACT OF 2022
on the implementation of the requirement SEC. 5905. DEFINITIONS. SEC. 5901. SHORT TITLE.
under subsection (a) during the preceding In this title: This title may be cited as the ‘‘Burma Uni-
year. (1) The term ‘‘appropriate congressional fied through Rigorous Military Account-
SEC. 5903. ENHANCEMENT OF CONGRESSIONAL committees’’ means— ability Act of 2022’’ or the ‘‘BURMA Act of
OVERSIGHT OF HUMAN RIGHTS IN (A) the Committee on Foreign Relations 2022’’.
ARMS EXPORTS. and the Committee on Appropriations of the SEC. 5902. DEFINITIONS.
(a) IN GENERAL.—It is the sense of Congress Senate; and In this title:
that any letter of offer to sell, or any appli- (B) the Committee on Foreign Affairs and (1) BURMESE MILITARY.—The term ‘‘Bur-
cation for a license to export or transfer, de- the Committee on Appropriations of the mese military’’—
fense articles or defense services controlled House of Representatives. (A) means the Armed Forces of Burma, in-
for export, regardless of monetary value, (2) The terms ‘‘defense article’’ and ‘‘de- cluding the army, navy, and air force; and
should take into account as part of its eval- fense service’’ have the same meanings given (B) includes security services under the
uation whether the Secretary of State has the terms in section 47 of the Arms Export control of the Armed Forces of Burma such
credible information, with respect to a coun- Control Act (22 U.S.C. 2794). as the police and border guards.
try to which the defense articles or defense AMENDMENT NO. 582 OFFERED BY MRS. RODGERS (2) CRIMES AGAINST HUMANITY.—The term
services are proposed to be sold, exported, or OF WASHINGTON ‘‘crimes against humanity’’ includes the fol-
transferred, that— At the end of title LI, insert the following lowing, when committed as part of a wide-
(1) the government of such country on or new section: spread or systematic attack directed against
after the date of enactment of this Act has any civilian population, with knowledge of
SEC. 51ll. ELIGIBILITY REQUIREMENTS FOR
been deposed by a coup d’etat or decree in REIMBURSEMENT FOR EMERGENCY the attack:
which the military played a decisive role, TREATMENT FURNISHED TO VET- (A) Murder.
and a democratically elected government ERANS. (B) Forced transfer of population.
has not taken office subsequent to the coup (a) ELIGIBILITY REQUIREMENTS.—Section (C) Torture.
or decree; or 1725(b)(2)(B) of title 38, United States Code, is (D) Extermination.
(2) a unit of the security forces of the gov- amended by inserting ‘‘, unless such emer- (E) Enslavement.
ernment of such country— gency treatment was furnished during the 60- (F) Rape, sexual slavery, or any other form
(A) has violated international humani- day period following the date on which the of sexual violence of comparable severity.
tarian law and has not been credibly inves- veteran enrolled in the health care system (G) Enforced disappearance of persons.
tigated and subjected to a credible and trans- specified in subparagraph (A), in which case (H) Persecution against any identifiable
parent judicial process addressing such alle- no requirement for prior receipt of care shall group or collectivity on political, racial, na-
gation; or apply’’ before the period. tional, ethnic, cultural, religious, gender, or
(B) has committed a gross violation of (b) APPLICABILITY.—The amendment made other grounds that are universally recog-
human rights, and has not been credibly in- by subsection (a) shall apply with respect to nized as impermissible under international
vestigated and subjected to a credible and emergency treatment furnished on or after law.
transparent judicial process addressing such the date that is one year after the date of the (I) Imprisonment or other severe depriva-
allegation, including, inter alia— enactment of this Act. tion of physical liberty in violation of funda-
(i) torture; AMENDMENT NO. 583 OFFERED BY MR. MEEKS OF mental rules of international law.
(ii) rape or sexual assault; NEW YORK (3) EXECUTIVE ORDER 14014.—The term ‘‘Ex-
(iii) ethnic cleansing of civilians; ecutive Order 14014’’ means Executive Order
At the end of division E, add the following:
(iv) recruitment or use of child soldiers; 14014 (86 Fed. Reg. 9429; relating to blocking
SEC. 58l. CONGRESSIONAL NOTIFICATION FOR
(v) unjust or wrongful detention; property with respect to the situation in
REWARDS PAID USING
(vi) the operation of, or effective control or CRYPTOCURRENCIES. Burma).
direction over, secret detention facilities; or (4) GENOCIDE.—The term ‘‘genocide’’ means
(a) IN GENERAL.—Section 36(e)(6) of the
(vii) extrajudicial killings or enforced dis- any offense described in section 1091(a) of
State Department Basic Authorities Act of
appearances, whether by military, police, or title 18, United States Code.
1956 (22 U.S.C. 2708(e)(6)) is amended by add-
other security forces. (5) TRANSITIONAL JUSTICE.—The term
ing at the end the following new sentence:
(b) INCLUSION OF INFORMATION IN HUMAN ‘‘transitional justice’’ means the range of ju-
‘‘Not later than 15 days before making a re-
RIGHTS REPORT.—The Secretary of State dicial, nonjudicial, formal, informal, retribu-
ward in a form that includes cryptocurrency,
shall also provide to the appropriate congres- tive, and restorative measures employed by
the Secretary of State shall notify the Com-
sional committees the report described in countries transitioning out of armed conflict
mittee on Foreign Affairs of the House of
section 502B(c) of the Foreign Assistance Act or repressive regimes, or employed by the
Representatives and the Committee on For-
(22 U.S.C. 2304(c)) biannually for the period of international community through inter-
eign Relations of the Senate of such form for
time specified in subsection (c) of this sec- national justice mechanisms, to redress past
the reward.’’
tion regarding any country covered under (b) REPORT.—Not later than 180 days after or ongoing atrocities and to promote long-
subsection (a). the date of the enactment of this Act, the term, sustainable peace.
(c) MODIFICATION OF PRIOR NOTIFICATION OF Secretary of State shall submit to the Com- (6) WAR CRIME.—The term ‘‘war crime’’ has
SHIPMENT OF ARMS.—Section 36(i) of the mittee on Foreign Affairs of the House of the meaning given the term in section 2441(c)
of title 18, United States Code.
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Arms Export Control Act (22 U.S.C. 2776(i)) is Representatives and the Committee on For-
amended by striking ‘‘subject to the require- eign Relations of the Senate a report on the Subtitle A—Matters Relating to the Conflict
ments of subsection (b) at the joint request use of cryptocurrency as a part of the De- in Burma
of the Chairman and Ranking Member’’ and partment of State Rewards program estab- SEC. 5911. FINDINGS.
inserting ‘‘subject to the requirements of lished under section 36(a) of the State De- Congress makes the following findings:
this section at the request of the Chairman partment Basic Authorities Act of 1956 (22 (1) Since 1988, the United States policy of
or Ranking Member’’. U.S.C. 2708(a)) that— principled engagement has fostered positive
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6555
democratic reforms in Burma, with elections countability for crimes under international dience Movement, labor leaders, government
in 2010, 2015, and 2020, helping to bring about law committed in Myanmar, preferably by officials and elected members of parliament,
the partial transition to civilian rule and referring the situation to the International members of the media, and others, according
with the latter 2 elections resulting in re- Criminal Court or alternatively by creating to the Assistance Association for Political
sounding electoral victories for the National an ad hoc international criminal tribunal’’. Prisoners;
League for Democracy. The Mission also recommended the imposi- (C) issued laws and directives used to fur-
(2) That democratic transition remained tion of targeted economic sanctions, includ- ther impede fundamental freedoms, includ-
incomplete, with the military retaining sig- ing an arms embargo on Burma. ing freedom of expression (including for
nificant power and independence from civil- (9) On December 13, 2018, the United States members of the press), freedom of peaceful
ian control following the 2015 elections, in- House of Representatives passed House Reso- assembly, and freedom of association; and
cluding through control of 25 percent of par- lution 1091 (115th Congress), which expressed (D) imposed restrictions on the internet
liamentary seats, a de facto veto over con- the sense of the House that ‘‘the atrocities and telecommunications.
stitutional reform, authority over multiple committed against the Rohingya by the Bur- (16) According to the UNHCR, more than
government ministries, and the ability to op- mese military and security forces since Au- 758,000 people have been internally displaced
erate with impunity and no civilian over- gust 2017 constitute crimes against human- since the coup, while an estimated 40,000
sight. ity and genocide’’ and called upon the Sec- have sought refuge in neighboring countries.
(3) Despite some improvements with re- retary of State to review the available evi- Nevertheless, the Burmese military con-
spect for human rights and fundamental dence and make a similar determination. tinues to block humanitarian assistance to
freedoms beginning in 2010, and the estab- (10) In a subsequent report dated August 5, populations in need. According to the World
lishment of a quasi-civilian government fol- 2019, the United Nations Independent Inter- Health Organization, the military has car-
lowing credible elections in 2015, Burma’s national Fact-Finding Mission on Myanmar ried out more than 286 attacks on health
military leaders have, since 2016, overseen an found that the Burmese military’s economic care entities since the coup and killed at
increase in restrictions to freedom of expres- interests ‘‘enable its conduct’’ and that it least 30 health workers. Dozens more have
sion (including for members of the press), benefits from and supports extractive indus- been arbitrarily detained, and hundreds have
freedom of peaceful assembly, freedom of as- try businesses operating in conflict-affected warrants out for their arrest. The military
sociation, and freedom of religion or belief. areas in northern Burma, including natural continued such attacks even as they inhib-
(4) On August 25, 2017, Burmese military resources, particularly oil and gas, minerals ited efforts to combat a devastating third
and security forces launched a genocidal and gems and argued that ‘‘through control- wave of COVID–19. The brutality of the Bur-
military campaign against Rohingya, result- ling its own business empire, the Tatmadaw mese military was on full display on March
ing in a mass exodus of some 750,000 can evade the accountability and oversight 27, 2021, Armed Forces Day, when, after
Rohingya from Burma’s Rakhine State into that normally arise from civilian oversight threatening on state television to shoot pro-
Bangladesh, where they remain. The mili- of military budgets’’. The report called for testers in the head, security forces killed
tary has since taken no steps to improve the United Nations and individual govern- more than 150 people.
conditions for Rohingya still in Rakhine ments to place targeted sanctions on all sen- (17) The coup represents a continuation of
State, who remain at high risk of genocide ior officials in the Burmese military as well a long pattern of violent and anti-demo-
and other atrocities, or to create conditions as their economic interests, especially cratic behavior by the military that
conducive to the voluntary return of Myanma Economic Holdings Limited and stretches back decades, with the military
Rohingya refugees and other internally dis- Myanmar Economic Corporation. having previously taken over Burma in
placed persons (IDPs). (11) Burma’s November 2020 election re- coups d’état in 1962 and 1988, and having ig-
(5) The Burmese military has also engaged sulted in a landslide victory for the National nored the results of the 1990 elections, and a
in renewed violence with other ethnic minor- League of Democracy, with the National long history of violently repressing protest
ity groups across the country. The military League for Democracy winning a large ma- movements, including killing and impris-
has continued to commit atrocities in Chin, jority of seats in Burma’s national par- oning thousands of peaceful protestors dur-
Kachin, Kayah, and Shan. Fighting in north- liament. The elections were judged to be ing pro-democracy demonstrations in 1988
ern Burma has forced more than 100,000 peo- credible, and marked an important step in and 2007.
ple from their homes and into camps for in- the country’s democratic transition. (18) On February 11, 2021, President Biden
ternally displaced persons. The Burmese (12) On February 1, 2021, the Burmese mili- issued Executive Order 14014 in response to
military continues to heavily proscribe hu- tary conducted a coup d’état, declaring a the coup d’état, authorizing sanctions
manitarian and media access to conflict-af- year-long state of emergency and detaining against the Burmese military, its economic
fected populations across the country. State Counsellor Aung San Suu Kyi, Presi- interests, and other perpetrators of the coup.
(6) With more nearly $470,000,000 in human- dent Win Myint, and dozens of other govern- (19) Since the issuance of Executive Order
itarian assistance in response to the crisis in ment officials and elected members of par- 14014, President Biden has taken several
fiscal year 2021, the United States is the liament, thus derailing Burma’s transition steps to impose costs on the Burmese mili-
largest humanitarian donor to populations to democracy and disregarding the will of tary and its leadership, including by desig-
in need as a result of conflicts in Burma. In the people of Burma as expressed in the No- nating or otherwise imposing targeted sanc-
May 2021, the United States announced near- vember 2020 general elections, which were tions with respect to—
ly $155,000,000 in additional humanitarian as- determined to be credible by international (A) multiple high-ranking individuals and
sistance to meet the urgent needs of and national observers. their family members, including the Com-
Rohingya refugees and host communities in (13) Following the coup, some ousted mem- mander-in-Chief of the Burmese military,
Bangladesh and people affected by ongoing bers of parliament established the Com- Min Aung Hlaing, Burma’s Chief of Police,
violence in Burma’s Rakhine, Kachin, Shan, mittee Representing the Pyidaungsu Than Hlaing, and the Bureau of Special Op-
and Chin states. In September 2021, the Hluttaw (CRPH), which subsequently estab- erations commander, Lieutenant General
United States provided nearly $180,000,000 in lished the National Unity Consultative Aung Soe, and over 35 other individuals;
additional critical humanitarian assistance Council in March of 2021. The National Unity (B) state-owned and military controlled
to the people of Burma, bringing the total Consultative Council includes representa- companies, including Myanma Economic
fiscal year 2021 to more than $434,000,000. tives from a broad spectrum of stakeholders Holdings Public Company, Ltd., Myanmar
(7) Both government- and military-initi- in Burma opposed to the military and the Economic Corporation, Ltd., Myanmar Eco-
ated investigations into human rights abuses coup: elected representatives from the nomic Holdings Ltd., Myanmar Ruby Enter-
in Burma involving violence between ethnic CRPH, representatives from the ethnic prise, Myanmar Imperial Jade Co., Ltd., and
minorities and Burmese security forces have armed organizations, members of Burma’s Myanma Gems Enterprise; and
failed to yield credible results or hold per- civil disobedience movement, and other anti- (C) other corporate entities, Burmese mili-
petrators accountable. coup forces. tary units, and Burmese military entities,
(8) In its report dated September 17, 2018, (14) The CRPH subsequently released the including the military regime’s State Ad-
the United Nations Independent Inter- Federal Democracy Charter in March 2021 ministrative Council.
national Fact-Finding Mission on Myanmar and established the National Unity Govern- (20) The United States has also imple-
concluded, on reasonable grounds, that the ment in April 2021. The National Unity Gov- mented new restrictions on exports and reex-
factors allowing inference of ‘‘genocidal in- ernment includes representatives from eth- ports to Burma pursuant to Executive Order
tent’’ are present with respect to the attacks nic minority groups, civil society organiza- 14014; and
against Rohingya in Rakhine State, and acts tions, women’s groups, leaders of the civil (21) On April 24, 2021, the Association of
by Burmese security forces against Rohingya disobedience movement, and others. Southeast Asian Nations (ASEAN) agreed to
in Rakhine State and other ethnic minori- (15) Since the coup on February 1, 2021, the a five-point consensus which called for an
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ties in Kachin and Shan States amount to Burmese military has— ‘‘immediate cessation of violence’’, ‘‘con-
‘‘crimes against humanity’’ and ‘‘war (A) used lethal force on peaceful protestors structive dialogue among all parties’’, the
crimes’’. The Independent International on multiple occasions, killing more than appointment of an ASEAN special envoy, the
Fact-Finding Mission on Myanmar estab- 2,000 people, including more than 142 chil- provision of humanitarian assistance
lished by the United Nations Human Rights dren; through ASEAN’s AHA Centre, and a visit by
Council recommended that the United Na- (B) detained more than 10,000 peaceful the ASEAN special envoy to Burma. Except
tions Security Council ‘‘should ensure ac- protestors, participants in the Civil Disobe- for the appointment of the Special Envoy in
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H6556 CONGRESSIONAL RECORD — HOUSE July 14, 2022
August 2021, the other elements of the ment of members of ethnic minorities Subtitle B—Sanctions and Policy
ASEAN consensus remain unimplemented throughout the country, including Rohingya, Coordination With Respect to Burma
due to obstruction by the Burmese military. and an end to any and all policies and prac- SEC. 5921. DEFINITIONS.
(22) In June 2021, the National Unity Gov- tices designed to forcibly segregate In this title:
ernment included ethnic minorities and Rohingya, and providing humanitarian sup- (1) ADMITTED; ALIEN.—The terms ‘‘admit-
women among its cabinet and released a pol- port for all internally displaced persons in ted’’ and ‘‘alien’’ have the meanings given
icy paper outlining pledges to Rohingya and Burma; those terms in section 101 of the Immigra-
calling for ‘‘justice and reparations’’ for the (13) to support unfettered access for hu- tion and Nationality Act (8 U.S.C. 1101).
community. The statement affirms the manitarian actors, media, and human rights (2) APPROPRIATE CONGRESSIONAL COMMIT-
Rohingya right to citizenship in Burma, a mechanisms, including those established by TEES.—The term ‘‘appropriate congressional
significant break from past Burmese govern- the United Nations Human Rights Council committees’’ means—
ment policies. and the United Nations General Assembly, to (A) the Committee on Foreign Relations
(23) On March 21, 2022, Secretary of State all relevant areas of Burma, including and the Committee on Banking, Housing,
Antony Blinken announced that the United Rakhine, Chin, Kachin, Shan, and Kayin and Urban Affairs of the Senate; and
States had concluded that ‘‘members of the States, as well as Sagaing and Magway re- (B) the Committee on Foreign Affairs and
Burmese military committed genocide and gions; the Committee on Financial Services of the
crimes against humanity against Rohingya’’. (14) to call for accountability through inde- House of Representatives.
SEC. 5912. STATEMENT OF POLICY. pendent, credible investigations and prosecu- (3) CORRESPONDENT ACCOUNT; PAYABLE-
It is the policy of the United States— tions for any potential genocide, war crimes, THROUGH ACCOUNT.—The terms ‘‘cor-
(1) to support genuine democracy, peace, and crimes against humanity, including respondent account’’ and ‘‘payable-through
and national reconciliation in Burma; those involving sexual and gender-based vio- account’’ have the meanings given those
(2) to pursue a strategy of calibrated en- lence and violence against children, per- terms in section 5318A of title 31, United
gagement, which is essential to support the petrated against ethnic or religious minori- States Code.
establishment of a peaceful, prosperous, and ties, including Rohingya, by members of the (4) FOREIGN FINANCIAL INSTITUTION.—The
democratic Burma that includes respect for military and security forces of Burma, and term ‘‘foreign financial institution’’ has the
the human rights of all individuals regard- other armed groups; meaning of that term as determined by the
less of ethnicity and religion; (15) to encourage reforms toward the mili- Secretary of the Treasury by regulation.
(3) to seek the restoration to power of a ci- tary, security, and police forces operating (5) FOREIGN PERSON.—The term ‘‘foreign
vilian government that reflects the will of under civilian control and being held ac- person’’ means a person that is not a United
the people of Burma; countable in civilian courts for human rights States person.
(4) to support constitutional reforms that abuses, corruption, and other abuses of (6) KNOWINGLY.—The term ‘‘knowingly’’,
ensure civilian governance and oversight power; with respect to conduct, a circumstance, or a
over the military; (16) to promote broad-based, inclusive eco- result, means that a person has actual
(5) to assist in the establishment of a fully nomic development and fostering healthy knowledge, or should have known, of the
democratic, civilian-led, inclusive, and rep- and resilient communities; conduct, the circumstance, or the result.
resentative political system that includes (17) to combat corruption and illegal eco- (7) PERSON.—The term ‘‘person’’ means an
free, fair, credible, and democratic elections nomic activity, including that which in- individual or entity.
in which all people of Burma, including all volves the military and its close allies; and (8) SUPPORT.—The term ‘‘support’’, with re-
ethnic and religious minorities, can partici- (18) to promote responsible international spect to the Burmese military, means to
pate in the political process at all levels in- and regional engagement; knowingly have materially assisted, spon-
cluding the right to vote and to run for (19) to support and advance the strategy of sored, or provided financial, material, or
elected office; calibrated engagement, impose targeted technological support for, or goods or serv-
(6) to support legal reforms that ensure sanctions with respect to the Burmese mili- ices to or in support of the Burmese mili-
protection for the civil and political rights tary’s economic interests and major sources tary.
of all individuals in Burma, including re- of income for the Burmese military, includ- (9) UNITED STATES PERSON.—The term
forms to laws that criminalize the exercise ing with respect to— ‘‘United States person’’ means—
of human rights and fundamental freedoms, (A) officials in Burma, including the Com- (A) a United States citizen or an alien law-
and strengthening respect for and protection mander in Chief of the Armed Forces of fully admitted to the United States for per-
of human rights, including freedom of reli- Burma, Min Aung Hlaing, and all individuals manent residence;
gion or belief; described in paragraphs (1), (2), and (3) of sec- (B) an entity organized under the laws of
(7) to seek the unconditional release of all tion 202(a), under the authorities provided by the United States or any jurisdiction within
prisoners of conscience and political pris- title II, Executive Order 14014, and the Glob- the United States, including a foreign branch
oners in Burma; al Magnitsky Human Rights Accountability of such an entity; or
(8) to strengthen Burma’s civilian govern- Act (subtitle F of title XII of Public Law 114– (C) any person in the United States.
mental institutions, including support for 328; 22 U.S.C. 2656 note); SEC. 5922. IMPOSITION OF SANCTIONS WITH RE-
greater transparency and accountability (B) enterprises owned or controlled by the SPECT TO HUMAN RIGHTS ABUSES
once the military is no longer in power; Burmese military, including the Myanmar AND PERPETRATION OF A COUP IN
(9) to empower and resource local commu- Economic Corporation, Union of Myanmar BURMA.
nities, civil society organizations, and inde- Economic Holding, Ltd., and all other enti- (a) MANDATORY SANCTIONS.—Not later than
pendent media; ties described in section 202(a)(4), under the 60 days after the enactment of this Act, the
(10) to promote national reconciliation and authorities provided by title II, the Burmese President shall impose the sanctions de-
the conclusion and credible implementation Freedom and Democracy Act of 2003 (Public scribed in subsection (d) with respect to any
of a nationwide cease-fire agreement, fol- Law 108–61; 50 U.S.C. 1701 note), the Tom foreign person that the President deter-
lowed by a peace process that is inclusive of Lantos Block Burmese JADE (Junta’s Anti- mines—
ethnic Rohingya, Shan, Rakhine, Kachin, Democratic Efforts) Act of 2008 (Public Law (1) knowingly operates as a senior official
Chin, Karenni, and Karen, and other ethnic 110–286; 50 U.S.C. 1701 note), other relevant or in a significant capacity in the defense
groups and leads to the development of a po- statutory authorities, and Executive Order sector of the Burmese economy;
litical system that effectively addresses nat- 14014; and (2) leading up to, during, and since the Feb-
ural resource governance, revenue-sharing, (C) state-owned economic enterprises if— ruary 2021 coup is responsible for or has di-
land rights, and constitutional change ena- (i) there is a substantial risk of the Bur- rectly and knowingly engaged in—
bling inclusive peace; mese military accessing the accounts of such (A) actions or policies that undermine
(11) to ensure the protection and non- an enterprise; and democratic processes or institutions in
refoulement of refugees fleeing Burma to (ii) the imposition of sanctions would not Burma;
neighboring countries and prioritize efforts cause disproportionate harm to the people of (B) actions or policies that threaten the
to create a conducive environment and Burma, the restoration of a civilian govern- peace, security, or stability of Burma;
meaningfully address long-standing struc- ment in Burma, or the national interest of (C) actions or policies that prohibit, limit,
tural challenges that undermine the safety the United States; and or penalize the exercise of freedom of expres-
and rights of Rohingya in Rakhine State as (20) to ensure that any sanctions imposed sion or assembly by people in Burma, or that
well as members of other ethnic and reli- with respect to entities or individuals are limit access to print, online, or broadcast
gious minorities in Burma, including by pro- carefully targeted to maximize impact on media in Burma; or
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moting the creation of conditions for the the military and security forces of Burma (D) the arbitrary detention or torture of
dignified, safe, sustainable, and voluntary re- and its economic interests while minimizing any person in Burma or other serious human
turn of refugees in Bangladesh, Thailand, impact on the people of Burma, recognizing rights abuse in Burma;
and in the surrounding region when condi- the calls from the people of Burma for the (3) is a senior leader of—
tions allow; United States to take action against the (A) the Burmese military or security forces
(12) to support an immediate end to re- sources of income for the military and secu- of Burma, or any successor entity to any of
strictions that hinder the freedom of move- rity forces of Burma. such forces;
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6557
(B) the State Administration Council, the (i) IN GENERAL.—The issuing consular offi- blocked pursuant to subsection (a) or Execu-
military-appointed cabinet at the level of cer, the Secretary of State, or the Secretary tive Order 14014 remains blocked;
Deputy Minister or higher, or a military-ap- of Homeland Security (or a designee of one of (2) describes the primary sources of income
pointed minister of a Burmese state or re- such Secretaries) shall, in accordance with to which the Burmese military has access
gion; or section 221(i) of the Immigration and Nation- and that the United States has been unable
(C) an entity that has engaged in any ac- ality Act (8 U.S.C. 1201(i)), revoke any visa or to reach using sanctions authorities;
tivity described in paragraph (2) leading up other entry documentation issued to an alien (3) makes recommendations for how the
to, during, and after the February 2021 coup; described in clause (i) regardless of when the sources of income described in paragraph (2)
(4) knowingly operates— visa or other entry documentation is issued. can be reduced or blocked;
(A) any entity that is a state-owned eco- (ii) EFFECT OF REVOCATION.—A revocation (4) evaluates the implications of imposing
nomic enterprise under Burmese law (other under subclause (i)— sanctions on the Burmese-government owned
than the entity specified in subsection (c)) (I) shall take effect immediately; and Myanmar Oil and Gas Enterprise, including a
that benefits the Burmese military, includ- (II) shall automatically cancel any other determination with respect to the extent to
ing the Myanma Gems Enterprise; or valid visa or entry documentation that is in which sanctions on Myanmar Oil and Gas
(B) any entity controlled in whole or in the alien’s possession. Enterprise would advance the interests of
part by an entity described in subparagraph (e) EXCEPTIONS.— the United States in Burma; and
(A), or a successor to such an entity, that (1) EXCEPTION FOR INTELLIGENCE, LAW EN- (5) assesses the impact of the sanctions im-
benefits the Burmese military; FORCEMENT, AND NATIONAL SECURITY ACTIVI- posed pursuant to the authorities under this
(5) knowingly and materially violates, at- TIES.—Sanctions under this section shall not Act on the Burmese people and the Burmese
tempts to violate, conspires to violate, or apply to any authorized intelligence, law en- military.
has caused or attempted to cause a violation forcement, or national security activities of SEC. 5923. CERTIFICATION REQUIREMENT FOR
of any license, order, regulation, or prohibi- the United States. REMOVAL OF CERTAIN PERSONS
tion contained in or issued pursuant to Exec- (2) EXCEPTION TO COMPLY WITH INTER- FROM THE LIST OF SPECIALLY DES-
utive Order 14014 or this Act; NATIONAL OBLIGATIONS.—Sanctions under IGNATED NATIONALS AND BLOCKED
subsection (d)(3) shall not apply with respect PERSONS.
(6) to be a spouse or adult child of any per-
to the admission of an alien if admitting or (a) IN GENERAL.—On or after the date of
son described in any of paragraphs (1)
paroling the alien into the United States is the enactment of this Act, the President
through (5); or
necessary to permit the United States to may not remove a person described in sub-
(7) to be owned or controlled by, and to act
comply with the Agreement regarding the section (b) from the list of specially des-
for or on behalf of, directly or indirectly, a
ignated nationals and blocked persons main-
person that has engaged in the activity de- Headquarters of the United Nations, signed
tained by the Office of Foreign Assets Con-
scribed, as the case may be, in any of para- at Lake Success June 26, 1947, and entered
trol of the Department of the Treasury (com-
graphs (1) through (6). into force November 21, 1947, between the
monly referred to as the ‘‘SDN list’’) until
(b) ADDITIONAL MEASURE RELATING TO FA- United Nations and the United States, or
the President submits to the appropriate
CILITATION OF TRANSACTIONS.—The Secretary other applicable international obligations. congressional committees a certification de-
of the Treasury shall, in consultation with (3) EXCEPTION RELATING TO THE PROVISION scribed in subsection (c) with respect to the
the Secretary of State, prohibit or impose OF HUMANITARIAN ASSISTANCE.—Sanctions
person.
strict conditions on the opening or maintain- under this section may not be imposed with (b) PERSONS DESCRIBED.—A person de-
ing in the United States of a correspondent respect to transactions or the facilitation of scribed in this subsection is a foreign person
account or payable-through account by a for- transactions for— included in the SDN list for violations of
eign financial institution that the President (A) the sale of agricultural commodities, part 525 of title 31, Code of Federal Regula-
determines has, on or after the date of the food, medicine, or medical devices to Burma; tions, or any other regulations imposing
enactment of this Act, knowingly conducted (B) the provision of humanitarian assist- sanctions on or related to Burma.
or facilitated a significant transaction or ance to the people of Burma; (c) CERTIFICATION DESCRIBED.—A certifi-
transactions on behalf of a foreign person (C) financial transactions relating to hu- cation described in this subsection, with re-
sanctioned based on subsection (a). manitarian assistance or for humanitarian spect to a person described in subsection (b),
(c) ADDITIONAL SANCTIONS.—Beginning on purposes in Burma; or is a certification that the person has not
the date that is 180 days after the date of the (D) transporting goods or services that are knowingly assisted in, sponsored, or provided
enactment of this Act, the President shall financial, material, or technological support
necessary to carry out operations relating to
impose the sanctions described in subsection for, or financial or other services to or in
humanitarian assistance or humanitarian
(d) with respect to the Myanma Oil and Gas support of—
purposes in Burma.
Enterprise. (f) WAIVER.—The President may, on a case- (1) terrorism or a terrorist organization;
(d) SANCTIONS DESCRIBED.—The sanctions
by-case basis and for periods not to exceed (2) a significant foreign narcotics traf-
that may be imposed with respect to a for-
180 days each, waive the application of sanc- ficker (as defined in section 808 of the For-
eign person described in subsection (a) are
tions or restrictions imposed with respect to eign Narcotics Kingpin Designation Act (21
the following:
a foreign person under this section if the U.S.C. 1907));
(1) PROPERTY BLOCKING.—Notwithstanding President certifies to the appropriate con-
the requirements of section 202 of the Inter- (3) a significant transnational criminal or-
gressional committees not later than 15 days ganization under Executive Order 13581 (50
national Emergency Economic Powers Act before such waiver is to take effect that the
(50 U.S.C. 1701), the President may exercise U.S.C. note; relating to blocking property of
waiver is vital to the national security inter- transnational criminal organizations); or
of all powers granted to the President by ests of the United States.
that Act to the extent necessary to block (4) any other person on the SDN list.
(g) IMPLEMENTATION; PENALTIES.— (d) FORM.—A certification described in sub-
and prohibit all transactions in all property (1) IMPLEMENTATION.—The President may section (c) shall be submitted in unclassified
and interests in property of the foreign per- exercise all authorities provided to the form but may include a classified annex.
son if such property and interests in prop- President under sections 203 and 205 of the SEC. 5924. SANCTIONS AND POLICY COORDINA-
erty are in the United States, come within International Emergency Economic Powers TION FOR BURMA.
the United States, or are or come within the Act (50 U.S.C. 1702 and 1704) to carry out this (a) IN GENERAL.—The Secretary of State
possession or control of a United States per- section. may designate an official of the Department
son. (2) PENALTIES.—The penalties provided for of State to serve as the United States Spe-
(2) FOREIGN EXCHANGE.—The President in subsections (b) and (c) of section 206 of the cial Coordinator for Burmese Democracy (in
may, pursuant to such regulations as the International Emergency Economic Powers this section referred to as the ‘‘Special Coor-
President may prescribe, prohibit any trans- Act (50 U.S.C. 1705) shall apply to a person dinator’’).
actions in foreign exchange that are subject that violates, attempts to violate, conspires (b) CENTRAL OBJECTIVE.—The Special Coor-
to the jurisdiction of the United States and to violate, or causes a violation of regula- dinator should develop a comprehensive
in which the foreign person has any interest. tions promulgated under section 403(b) to strategy for the implementation of the full
(3) VISAS, ADMISSION, OR PAROLE.— carry out paragraph (1)(A) to the same ex- range of United States diplomatic capabili-
(A) IN GENERAL.—An alien who the Sec- tent that such penalties apply to a person ties, including the provisions of this Act, to
retary of State or the Secretary of Homeland that commits an unlawful act described in promote human rights and the restoration of
Security (or a designee of one of such Secre- section 206(a) of that Act. civilian government in Burma.
taries) knows, or has reason to believe, is de- (h) REPORT.—Not later than 60 days after (c) DUTIES AND RESPONSIBILITIES.—The
scribed in subsection (a) is— the date of the enactment of this Act and an- Special Coordinator should, as appropriate,
(i) inadmissible to the United States; nually thereafter for 8 years, the Secretary assist in—
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(ii) ineligible for a visa or other docu- of the Treasury, in consultation with the (1) coordinating the sanctions policies of
mentation to enter the United States; and Secretary of State and the heads of other the United States under section 5922 with
(iii) otherwise ineligible to be admitted or United States Government agencies, as ap- relevant bureaus and offices within the De-
paroled into the United States or to receive propriate, shall submit to the appropriate partment of State and other relevant United
any other benefit under the Immigration and congressional committees a report that— States Government agencies;
Nationality Act (8 U.S.C. 1101 et seq.). (1) sets forth the plan of the Department of (2) conducting relevant research and vet-
(B) CURRENT VISAS REVOKED.— the Treasury for ensuring that property ting of entities and individuals that may be
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H6558 CONGRESSIONAL RECORD — HOUSE July 14, 2022
subject to sanctions under section 5922 and reputational damage of doing so by taking matically receives 25 percent of seats in Bur-
coordinate with other United States Govern- public votes on resolutions related to Burma ma’s state, regional, and national Hluttaws.
ment agencies and international financial that apply greater pressure on the Burmese Subtitle C—Humanitarian Assistance and
intelligence units to assist in efforts to en- military to restore Burma to its democratic Civil Society Support With Respect to Burma
force anti-money laundering and anti-cor- path. SEC. 5931. SUPPORT TO CIVIL SOCIETY AND INDE-
ruption laws and regulations; (3) The United Nations Secretariat and the PENDENT MEDIA.
(3) promoting a comprehensive inter- United Nations Security Council should take (a) AUTHORIZATION TO PROVIDE SUPPORT.—
national effort to impose and enforce multi- concrete steps to address the coup and ongo- The Secretary of State and the Adminis-
lateral sanctions with respect to Burma; ing crisis in Burma consistent with the UN trator of the United States Agency for Inter-
(4) coordinating with and supporting inter- General Assembly resolution 75/287, ‘‘The sit- national Development are authorized to pro-
agency United States Government efforts, uation in Myanmar,’’ which was adopted on vide support to civil society in Burma, Ban-
including efforts of the United States Am- June 18, 2021. gladesh, Thailand, and the surrounding re-
bassador to Burma, the United States Am- (b) SUPPORT FOR GREATER ACTION.—The gion, including by—
bassador to ASEAN, and the United States President shall direct the United States Per- (1) ensuring the safety of democracy activ-
Permanent Representative to the United Na- manent Representative to the United Na- ists, civil society leaders, independent
tions, relating to— tions to use the voice, vote, and influence of media, participants in the Civil Disobedience
(A) identifying opportunities to coordinate the United States to spur greater action by Movement, and government defectors exer-
with and exert pressure on the governments the United Nations and the United Nations cising their fundamental rights by—
of the People’s Republic of China and the Security Council with respect to Burma by— (A) supporting safe houses for those under
Russian Federation to support multilateral (1) pushing the United Nations Security threat of arbitrary arrest or detention;
action against the Burmese military; Council to consider a resolution condemning (B) providing access to secure channels for
(B) working with like-minded partners to the February 1, 2021, coup and calling on the communication;
impose a coordinated arms embargo on the Burmese military to cease its violence (C) assisting individuals forced to flee from
Burmese military and targeted sanctions on against the people of Burma and release Burma and take shelter in neighboring coun-
the economic interests of the Burmese mili- without preconditions the journalists, pro- tries, including in ensuring protection assist-
tary, including through the introduction and democracy activists, and political officials ance and non-refoulement; and
adoption of a United Nations Security Coun- that it has unjustly detained; (D) providing funding to organizations that
cil resolution; (2) pushing the United Nations Security equip activists, civil society organizations,
(C) engaging in direct dialogue with Bur- Council to consider a resolution that imme- and independent media with consistent,
mese civil society, democracy advocates, diately imposes a global arms embargo long-term technical support on physical and
ethnic minority representative groups, and against Burma to ensure that the Burmese digital security in local languages;
organizations or groups representing the pro- military is not able to obtain weapons and (2) supporting democracy activists in their
test movement and the officials elected in munitions from other nations to further efforts to promote freedom, democracy, and
2020, such as the Committee Representing harm, murder, and oppress the people of human rights in Burma, by—
the Pyidaungsu Hluttaw, the National Unity Burma; (A) providing aid and training to democ-
Government, the National Unity Consult- (3) pushing the United Nations and other racy activists in Burma;
ative Council, and their designated rep- United Nations authorities to cut off assist- (B) providing aid to individuals and groups
resentatives; ance to the Government of Burma while pro- conducting democracy programming outside
(D) encouraging the National Unity Gov- viding humanitarian assistance directly to of Burma targeted at a peaceful transition to
ernment to incorporate accountability the people of Burma through UN bodies and constitutional democracy inside Burma;
mechanisms in relation to the atrocities civil society organizations, particularly such (C) providing aid and assistance to inde-
against Rohingya and other ethnic groups, to organizations working with ethnic minori- pendent media outlets and journalists and
take further steps to make its leadership and ties that have been adversely affected by the groups working to protect internet freedom
membership ethnically diverse, and to incor- coup and the Burmese military’s violent and maintain independent media;
porate measures to enhance ethnic reconcili- crackdown; (D) expanding radio and television broad-
ation and national unity into its policy (4) objecting to the appointment of rep- casting into Burma; and
agenda; resentatives to the United Nations and (E) providing financial support to civil so-
(E) assisting efforts by the relevant United United Nations bodies such as the Human ciety organizations and nongovernmental or-
Nations Special Envoys and Special Rights Council that are sanctioned by the ganizations led by members of ethnic and re-
Rapporteurs to secure the release of all po- Burmese military; ligious minority groups within Burma and
litical prisoners in Burma, promote respect (5) working to ensure the Burmese military its cross-border regions;
for human rights, and encourage dialogue; is not recognized as the legitimate govern- (3) assisting ethnic minority groups and
and ment of Burma in any United Nations body; civil society in Burma to further prospects
(F) supporting nongovernmental organiza- and for justice, reconciliation, and sustainable
tions operating in Burma and neighboring (6) spurring the United Nations Security peace; and
countries working to restore civilian demo- Council to consider multilateral sanctions (4) promoting ethnic minority inclusion
cratic rule to Burma and to address the ur- against the Burmese military for its atroc- and participation in political processes in
gent humanitarian needs of the people of ities against Rohingya and individuals of Burma.
Burma; and other ethnic and religious minorities, its (b) AUTHORIZATION OF APPROPRIATIONS.—
(5) providing timely input for reporting on coup, and the crimes against humanity it There are authorized to be appropriated
the impacts of the implementation of section has and continues to commit in the coup’s $50,000,000 to carry out the provisions of this
5922 on the Burmese military and the people aftermath. section for each of fiscal years 2023 through
of Burma. SEC. 5926. SUNSET.
(d) DEADLINE.—If the Secretary of State 2027.
has not designated the Special Coordinator (a) IN GENERAL.—The authority to impose SEC. 5932. HUMANITARIAN ASSISTANCE AND REC-
by the date that is 180 days after the date of sanctions and the sanctions imposed under ONCILIATION.
the enactment of this Act, the Secretary this title shall terminate on the date that is (a) AUTHORIZATION TO PROVIDE HUMANI-
shall submit to the Committee on Foreign 8 years after the date of the enactment of TARIAN ASSISTANCE.—The Secretary of State
Affairs of the House of Representatives and this Act. and the Administrator of the United States
the Committee on Foreign Relations of the (b) CERTIFICATION FOR EARLY SUNSET OF Agency for International Development are
Senate a report detailing the reasons for not SANCTIONS.—Sanctions imposed under this authorized to provide humanitarian assist-
doing so. title may be removed before the date speci- ance and reconciliation activities for ethnic
SEC. 5925. SUPPORT FOR GREATER UNITED NA- fied in subsection (a), if the President sub- groups and civil society organizations in
TIONS ACTION WITH RESPECT TO mits to the appropriate congressional com- Burma, Bangladesh, Thailand, and the sur-
BURMA. mittees a certification that— rounding region, including—
(a) SENSE OF CONGRESS.—It is the sense of (1) the Burmese military has released all (1) assistance for victims of violence by the
Congress that— political prisoners taken into custody on or Burmese military, including Rohingya and
(1) the United Nations Security Council after February 1, 2021, or is providing legal individuals from other ethnic minorities dis-
has not taken adequate steps to condemn the recourse to those that remain in custody; placed or otherwise affected by conflict, in
February 1, 2021, coup in Burma, pressure the (2) the elected government has been rein- Burma, Bangladesh, Thailand, and the sur-
Burmese military to cease its violence stated or new free and fair elections have rounding region;
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against civilians, or secure the release of been held; (2) support for voluntary resettlement or
those unjustly detained; and (3) all legal charges against those winning repatriation of displaced individuals in
(2) countries, such as the People’s Republic election in November 2020 are dropped; and Burma, upon the conclusion of genuine
of China and the Russian Federation, that (4) the 2008 constitution of Burma has been agreements developed and negotiated with
are directly or indirectly shielding the Bur- amended or replaced to place the Burmese the involvement and consultation of the dis-
mese military from international scrutiny military under civilian oversight and ensure placed individuals and if resettlement or re-
and action, should be obliged to endure the that the Burmese military no longer auto- patriation is safe, voluntary, and dignified;
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6559
(3) support for the promotion of ethnic and (2) support for advocacy in Burma to raise (7) includes a determination with respect
religious tolerance, improving social cohe- awareness of issues relating to prisoners of to whether events that took place during or
sion, combating gender-based violence, in- conscience and political prisoners; after the coup of February 1, 2021, in any
creasing the engagement of women in (3) support for efforts to repeal or amend state in Burma constitute war crimes or
peacebuilding, and mitigating human rights laws that are used to imprison individuals as crimes against humanity.
violations and abuses against children; prisoners of conscience or political prisoners; (c) ELEMENTS.—The report required by sub-
(4) support for— (4) support for health, including mental section (b) shall include the following:
(A) primary, secondary, and tertiary edu- health, and post-incarceration assistance in (1) A description of—
cation for displaced children living in areas gaining access to education and employment (A) credible evidence of events that may
of Burma affected by conflict; and opportunities or other forms of reparation to constitute war crimes, crimes against hu-
(B) refugee camps in the surrounding re- enable former prisoners of conscience and manity, or genocide committed by the Bur-
gion and opportunities to access to higher political prisoners to resume normal lives; mese military against Rohingya and mem-
education in Bangladesh and Thailand; and bers of other ethnic minority groups, includ-
(5) capacity-building support— (5) the creation, in consultation with ing the identities of any other actors in-
(A) to ensure that displaced individuals are former political prisoners and prisoners of volved in the events;
consulted and participate in decision-making conscience, their families, and their rep- (B) the role of the civilian government in
processes affecting the displaced individuals; resentatives, of an independent prisoner re-
the commission of any events described in
and view mechanism in Burma—
subparagraph (A);
(B) for the creation of mechanisms to fa- (A) to review the cases of individuals who
(C) credible evidence of events of war
cilitate the participation of displaced indi- may have been charged or deprived of their
crimes, crimes against humanity, or geno-
viduals in such processes; and liberty for peacefully exercising their human
cide committed by other armed groups in
(6) increased humanitarian aid to Burma to rights;
Burma;
address the dire humanitarian situation that (B) to review all laws used to arrest, pros-
(D) attacks on health workers, health fa-
has uprooted 170,000 people through— ecute, and punish individuals as political
cilities, health transport, or patients and, to
(A) international aid partners; prisoners and prisoners of conscience; and
the extent possible, the identities of any in-
(B) the International Committee of the (C) to provide recommendations to the
Government of Burma for the repeal or dividuals who engaged in or organized such
Red Cross; and
amendment of all such laws. attacks in Burma; and
(C) cross-border aid.
(b) AUTHORIZATION OF APPROPRIATIONS.— (c) TERMINATION.—The authority to pro- (E) to the extent possible, the conventional
There are authorized to be appropriated vide assistance under this section shall ter- and unconventional weapons used for any
$220,500,000 to carry out the provisions of this minate on the date that is 8 years after the events or attacks described in this paragraph
section for fiscal year 2023. date of the enactment of this Act. and the sources of such weapons.
SEC. 5933. AUTHORIZATION OF ASSISTANCE FOR Subtitle D—Accountability for Human Rights (2) In consultation with the Administrator
BURMA POLITICAL PRISONERS. Abuses of the United States Agency for Inter-
(a) SENSE OF CONGRESS.—It is the sense of national Development, the Attorney Gen-
SEC. 5941. REPORT ON ACCOUNTABILITY FOR
Congress that— WAR CRIMES, CRIMES AGAINST HU-
eral, and heads of any other appropriate
(1) the freedom of expression, including for MANITY, AND GENOCIDE IN BURMA. United States Government agencies, as ap-
members of the press, is an inalienable right (a) STATEMENT OF POLICY.—It is the policy propriate, a description and assessment of
and should be upheld and protected in Burma of the United States— the effectiveness of any efforts undertaken
and everywhere; (1) to continue the support of ongoing by the United States to promote account-
(2) the Burmese military must imme- mechanisms and special procedures of the ability for war crimes, crimes against hu-
diately cease the arbitrary arrest, detention, United Nations Human Rights Council, in- manity, and genocide perpetrated against
imprisonment, and physical attacks of jour- cluding the United Nations Independent In- Rohingya by the Burmese military, the gov-
nalists, which have created a climate of fear vestigative Mechanism for Myanmar and the ernment of the Rakhine State, pro-govern-
and self-censorship among local journalists; Special Rapporteur on the situation of ment militias, or other armed groups oper-
(3) the Government of Burma should repeal human rights in Myanmar; and ating in the Rakhine State, including ef-
or amend all laws that violate the right to (2) to refute the credibility and impar- forts—
freedom of expression, peaceful assembly, or tiality of efforts sponsored by the Govern- (A) to train civilian investigators, within
association, and ensure that laws such as the ment of Burma, such as the Independent and outside of Burma and Bangladesh, to
Telecommunications Law of 2013 and the Un- Commission of Enquiry, unless the United document, investigate, develop findings of,
lawful Associations Act of 1908, and laws re- States Ambassador at Large for Global identify, and locate alleged perpetrators of
lating to the right to peaceful assembly all Criminal Justice determines the efforts to be war crimes, crimes against humanity, or
comply with Burma’s human rights obliga- credible and impartial and notifies the ap- genocide in Burma;
tions; propriate congressional committees in writ- (B) to promote and prepare for a transi-
(4) all prisoners of conscience and political ing and in unclassified form regarding that tional justice mechanism for the perpetra-
prisoners in Burma should be uncondition- determination. tors of war crimes, crimes against humanity,
ally and immediately released; (b) REPORT REQUIRED.—Not later than 90 and genocide occurring in the Rakhine State
(5) the Burmese military should imme- days after the date of the enactment of this in 2017; and
diately and unconditionally release Danny Act, the Secretary of State, after consulta- (C) to document, collect, preserve, and pro-
Fenster and other journalists unjustly de- tion with the heads of other United States tect evidence of war crimes, crimes against
tained for their work; Government agencies and representatives of humanity, and genocide in Burma, including
(6) the Government of Burma must imme- human rights organizations, as appropriate, by—
diately drop defamation charges against all shall submit to the appropriate congres- (i) providing support for ethnic Rohingya,
individuals unjustly detained, including the sional committees a report that— Shan, Rakhine, Kachin, Chin, and Kayin and
three Kachin activists, Lum Zawng, Nang (1) evaluates the persecution of Rohingya other ethnic minorities;
Pu, and Zau Jet, who led a peaceful rally in in Burma by the Burmese military; (ii) Burmese, Bangladeshi, foreign, and
Mytkyina, the capital of Kachin State in (2) after consulting with the Atrocity international nongovernmental organiza-
April 2018, and that the prosecution of Lum Early Warning Task Force, or any successor tions;
Zawng, Nang Pu, and Zau Jet is an attempt entity or office, provides a detailed descrip- (iii) the Independent Investigative Mecha-
by Burmese authorities to intimidate, har- tion of any proposed atrocity prevention re- nism for Myanmar; and
ass, and silence community leaders and sponse recommended by the Task Force as it (iv) other entities engaged in investigative
human rights defenders who speak out about relates to Burma; activities with respect to war crimes, crimes
military abuses and their impact on civilian (3) summarizes any atrocity crimes com- against humanity, and genocide in Burma.
populations; and mitted against Rohingya or members of (3) A detailed study of the feasibility and
(7) the United States Government should other ethnic minority groups in Burma be- desirability of a transitional justice mecha-
use all diplomatic tools to seek the uncondi- tween 2012 and the date of the submission of nism for Burma, such as an international tri-
tional and immediate release of all prisoners the report; bunal, a hybrid tribunal, or other options,
of conscience and political prisoners in (4) describes any potential transitional jus- that includes—
Burma. tice mechanisms for Burma; (A) a discussion of the use of universal ju-
(b) POLITICAL PRISONERS ASSISTANCE.—The (5) provides an analysis of whether the re- risdiction or of legal cases brought against
Secretary of State is authorized to continue ports summarized under paragraph (3) Burma by other countries at the Inter-
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to provide assistance to civil society organi- amount to war crimes, crimes against hu- national Court of Justice regarding any
zations in Burma that work to secure the re- manity, or genocide; atrocity crimes perpetrated in Burma;
lease of and support prisoners of conscience (6) includes an assessment on which events (B) recommendations for any transitional
and political prisoners in Burma, including— that took place in the state of Rakhine in justice mechanism the United States should
(1) support for the documentation of Burma, starting on August 25, 2017, con- support, the reason the mechanism should be
human rights violations with respect to pris- stitute war crimes, crimes against human- supported, and the type of support that
oners of conscience and political prisoners; ity, or genocide; and should be offered; and
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H6560 CONGRESSIONAL RECORD — HOUSE July 14, 2022
(C) consultation regarding transitional jus- public building under the jurisdiction of such SEC. 8ll. EXTENSION OF TRANSFER DATE FOR
tice mechanisms with representatives of authority. THE VERIFICATION OF SMALL BUSI-
(b) DEFINITIONS.—In this section: NESS CONCERNS OWNED AND CON-
Rohingya and individuals from other ethnic
TROLLED BY VETERANS OR SERV-
minority groups who have suffered human (1) APPROPRIATE AUTHORITY.—The term ICE-DISABLED VETERANS TO THE
rights violations and abuses. ‘‘appropriate authority’’ means the head of a SMALL BUSINESS ADMINISTRATION.
(d) PROTECTION OF WITNESSES AND EVI- Federal agency, the Architect of the Capitol,
DENCE.—The Secretary of State shall seek to or other official authority responsible for the Section 862(a) of the National Defense Au-
ensure that the identification of witnesses operation of a covered public building. thorization Act for Fiscal Year 2021 (Public
and physical evidence used for the report re- (2) COVERED PUBLIC BUILDING.—The term Law 116–283; 15 U.S.C. 657f) by striking
quired by this section are not publicly dis- ‘‘covered public building’’ means a public ‘‘means’’ and all that follows through the pe-
closed in a manner that might place wit- building, as defined in section 3301 of title 40, riod at the end and inserting ‘‘means Janu-
nesses at risk of harm or encourage the de- United States Code, that is open to the pub- ary 1, 2024.’’.
struction of evidence by the military or gov- lic and contains a public restroom, and in- AMENDMENT NO. 590 OFFERED BY MR. NEGUSE OF
ernment of Burma. cludes a building listed in section 6301 or 5101 COLORADO
(e) FORM OF REPORT; PUBLIC AVAIL- of such title.
ABILITY.— (3) COVERED RESTROOM.—The term ‘‘cov- At the end of title LV of division E, add
(1) FORM.—The report required by sub- ered restroom’’ means a restroom in a cov- the following:
section (b) shall be submitted in unclassified ered public building, except for a restroom SEC. 5505. ESTABLISHMENT OF FUND.
form but may include a classified annex. designated solely for use by men.
(2) PUBLIC AVAILABILITY.—The unclassified (4) MENSTRUAL PRODUCTS.—The term ‘‘men- (a) ESTABLISHMENT.—Not later than 180
portion of the report required by subsection strual products’’ means sanitary napkins and days after the date of enactment of this sec-
(b) shall be posted on a publicly available tampons that conform to applicable industry tion, the Secretary shall enter into a cooper-
internet website. standards. ative agreement with the Foundation to es-
(f) APPROPRIATE CONGRESSIONAL COMMIT- tablish the Community Resilience and Res-
AMENDMENT NO. 586 OFFERED BY MS. MENG OF
TEES DEFINED.—In this section, the term toration Fund at the Foundation to—
NEW YORK
‘‘appropriate congressional committees’’ (1) improve community safety in the face
means— At the end of title LVIII, add the fol- of climactic extremes through conservation
(1) the Committee on Foreign Relations lowing: and protection of restoration and resilience
and the Committee on Armed Services of the SEC. ll. CONSULTATIONS ON REUNITING KO- lands;
REAN AMERICANS WITH FAMILY (2) to protect, conserve, and restore res-
Senate; and MEMBERS IN NORTH KOREA.
(2) the Committee on Foreign Affairs and toration and resilience lands in order to help
(a) CONSULTATIONS.— communities respond and adapt to natural
the Committee on Armed Services of the
(1) CONSULTATIONS WITH SOUTH KOREA.—The threats, including wildfire, drought, extreme
House of Representatives.
Secretary of State, or a designee of the Sec- heat, and other threats posed or exacerbated
SEC. 5942. AUTHORIZATION TO PROVIDE TECH-
NICAL ASSISTANCE FOR EFFORTS
retary, should consult with officials of South by the impacts of global climate;
AGAINST HUMAN RIGHTS ABUSES. Korea, as appropriate, on potential opportu- (3) to build the resilience of restoration
(a) IN GENERAL.—The Secretary of State is nities to reunite Korean American families and resilience lands to adapt to, recover
authorized to provide assistance to support with family members in North Korea from from, and withstand natural threats, includ-
appropriate civilian or international entities which such Korean American families were ing wildfire, drought, extreme heat, and
that— divided after the signing of the Korean War other threats posed or exacerbated by the
(1) identify suspected perpetrators of war Armistice Agreement, including potential impacts of global climate change;
crimes, crimes against humanity, and geno- opportunities for video reunions for Korean (4) to protect and enhance the biodiversity
cide; Americans with such family members. of wildlife populations across restoration and
(2) collect, document, and protect evidence (2) CONSULTATIONS WITH KOREAN AMERI- resilience lands;
CANS.—The Special Envoy on North Korean (5) to support the health of restoration and
of crimes and preserving the chain of cus-
tody for such evidence; Human Rights Issues of the Department of resilience lands for the benefit of present and
(3) conduct criminal investigations of such State should regularly consult with rep- future generations;
crimes; and resentatives of Korean Americans who have (6) to foster innovative, nature-based solu-
(4) support investigations conducted by family members in North Korea with respect tions that help meet the goals of this sec-
other countries, and by entities mandated by to efforts to reunite families divided after tion; and
the United Nations, such as the Independent the signing of the Korean War Armistice (7) to enhance the nation’s natural carbon
Investigative Mechanism for Myanmar. Agreement, including potential opportuni- sequestration capabilities and help commu-
(b) AUTHORIZATION FOR TRANSITIONAL JUS- ties for video reunions for Korean Americans nities strengthen natural carbon sequestra-
TICE MECHANISMS.—The Secretary of State, with such family members. tion capacity where applicable.
taking into account any relevant findings in (b) REPORT.—Not later than 120 days after
the date of the enactment of this Act, and (b) MANAGEMENT OF THE FUND.—The Foun-
the report submitted under section 5942, is dation shall manage the Fund—
authorized to provide support for the estab- annually thereafter, the Secretary of State,
acting through the Special Envoy on North (1) pursuant to the National Fish and Wild-
lishment and operation of transitional jus- life Foundation Establishment Act (16 U.S.C.
tice mechanisms, including a hybrid tri- Korean Human Rights Issues, shall submit to
the Committee on Foreign Affairs of the 3701 et seq.); and
bunal, to prosecute individuals suspected of (2) in such a manner that, to the greatest
committing war crimes, crimes against hu- House of Representatives and the Committee
on Foreign Relations of the Senate a report extent practicable and consistent with the
manity, or genocide in Burma. purposes for which the Fund is established—
on the consultations conducted pursuant to
Subtitle E—Sanctions Exception Relating to (A) ensures that amounts made available
this section during the preceding year.
Importation of Goods through the Fund are accessible to histori-
AMENDMENT NO. 588 OFFERED BY MS. MENG OF
SEC. 5951. SANCTIONS EXCEPTION RELATING TO cally underserved communities, including
NEW YORK
IMPORTATION OF GOODS. Tribal communities, communities of color,
(a) IN GENERAL.—The authorities and re- At the appropriate place in title LVIII, in- and rural communities; and
quirements to impose sanctions under this sert the following: (B) avoids project selection and funding
title shall not include the authority or re- SEC. ll. SECURE ACCESS TO SANITATION FA- overlap with those projects and activities
quirement to impose sanctions on the impor- CILITIES FOR WOMEN AND GIRLS. that could otherwise receive funding under—
tation of goods. Subsection (a) of section 501 of the Foreign (i) the National Oceans and Coastal Secu-
(b) GOOD DEFINED.—In this section, the Relations Authorization Act, Fiscal Years rity Fund, established under the National
term ‘‘good’’ means any article, natural or 1994 and 1995 (22 U.S.C. 2601 note) is amend- Oceans and Coastal Security Act (16 U.S.C.
man-made substance, material, supply, or ed— 7501); or
manufactured product, including inspection (1) by redesignating paragraphs (6) through (ii) other coastal management focused pro-
and test equipment, and excluding technical (11) as paragraphs (7) through (12), respec- grams.
data. tively; and
(c) COMPETITIVE GRANTS.—
AMENDMENT NO. 585 OFFERED BY MS. MENG OF (2) by inserting after paragraph (5) the fol-
(1) IN GENERAL.—To the extent amounts
NEW YORK lowing new paragraph:
are available in the Fund, the Foundation
‘‘(6) the provision of safe and secure access
At the end of title LIII of division E of the shall award grants to eligible entities
to sanitation facilities, with a special em-
dlhill on DSK120RN23PROD with HOUSE
bill, add the following: through a competitive grant process in ac-
phasis on women, girls, and vulnerable popu-
SEC. 5306. MENSTRUAL PRODUCTS IN PUBLIC cordance with procedures established pursu-
lations.’’.
BUILDINGS. ant to the National Fish and Wildlife Foun-
(a) REQUIREMENT.—Each appropriate au- AMENDMENT NO. 589 OFFERED BY MR. MFUME OF dation Establishment Act (16 U.S.C. 3701 et
thority shall ensure that menstrual products MARYLAND seq.) to carry out eligible projects and ac-
are stocked in, and available free of charge Add at the end of subtitle E of title VIII tivities, including planning eligible projects
in, each covered restroom in each covered the following new section: and activities.
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6561
(2) PROPOSALS.—The Foundation, in coordi- tives and the Committee on Environment enactment of this Act, the Secretary shall
nation with the Secretary, shall establish re- and Public Works of the Senate. require that each claims processor described
quirements for proposals for competitive (4) AUTHORIZATION OF APPROPRIATIONS.— in paragraph (1) participates in the training
grants under this section. There is hereby authorized to be appro- established under paragraph (1) at least once
(d) USE OF AMOUNTS IN THE FUND.— priated to the Fund $100,000,000 for each of each year beginning in the second year in
(1) PLANNING.—Not less than 8 percent of fiscal years 2023 through 2028 to carry out which the claims processor carries out the
amounts appropriated annually to the Fund this section. duties of the claims processor for the Depart-
may be used to plan eligible projects and ac- (f) DEFINITIONS.—For purposes of this sec- ment.
tivities, including capacity building. tion: (3) REQUIRED ELEMENTS.—The training es-
(2) ADMINISTRATIVE COSTS.—Not more than (1) The term ‘‘eligible entity’’ means a tablished under paragraph (1) shall include
4 percent of amounts appropriated annually Federal agency, State, the District of Colum- instruction on stressor development and
to the Fund may be used by the Foundation bia, a territory of the United States, a unit verification.
for administrative expenses of the Fund or of local government, an Indian Tribe, a non- (b) STANDARDIZATION OF TRAINING AT RE-
administration of competitive grants offered profit organization, or an accredited institu- GIONAL OFFICES.—Not later than 180 days
under the Fund. tion of higher education. after the date of the enactment of this Act,
(3) PRIORITY.—Not less than $10,000,000 (2) The term ‘‘eligible projects and activi- the Secretary, acting through the Under Sec-
shall be awarded annually to support eligible ties’’ means projects and activities carried retary, shall standardize the training pro-
projects and activities for Indian Tribes. out by an eligible entity on public lands, vided at regional offices of the Veterans Ben-
tribal lands, or private land, or any combina- efits Administration to the employees of
(4) COORDINATION.—The Secretary and
tion thereof, to further the purposes for such regional offices.
Foundation shall ensure, to the greatest ex-
which the Fund is established, including (c) FORMAL PROCESS FOR CONDUCT OF AN-
tent practicable and through meaningful
planning and capacity building and projects NUAL ANALYSIS OF TRENDS.—Not later than
consultation, that input from Indian Tribes,
and activities carried out in coordination 180 days after the date of the enactment of
including traditional ecological knowledge,
with Federal, State, or tribal departments or this Act, the Secretary, acting through the
is incorporated in the planning and execu-
agencies, or any department or agency of a Under Secretary, shall establish a formal
tion of eligible projects and activities.
subdivision of a State. process to analyze, on an annual basis, train-
(e) REPORTS.— (3) The term ‘‘Foundation’’ means the Na- ing needs based on identified processing
(1) ANNUAL REPORTS.—Beginning at the end tional Fish and Wildlife Foundation estab- error trends.
the first full fiscal year after the date of en- lished under the National Fish and Wildlife (d) FORMAL PROCESS FOR CONDUCT OF AN-
actment of this section, and not later than 60 Foundation Establishment Act (16 U.S.C. NUAL STUDIES.—
days after the end of each fiscal year in 3701 et seq.). (1) IN GENERAL.—Not later than 180 days
which amounts are deposited into the Fund, (4) The term ‘‘Fund’’ means the Commu- after the date of the enactment of this Act,
the Foundation shall submit to the Sec- nity Resilience and Restoration Fund estab- the Secretary, acting through the Under Sec-
retary a report on the operation of the Fund lished under subsection (a). retary, shall establish a formal process to
including— (5) The term ‘‘Indian Tribe’’ means the conduct, on an annual basis, studies to help
(A) an accounting of expenditures made governing body of any individually identified guide the national training program estab-
under the Fund, including leverage and and federally recognized Indian or Alaska lished under subsection (a)(1).
match where applicable; Native Tribe, band, nation, pueblo, village, (2) ELEMENTS.—Each study conducted
(B) an accounting of any grants made community, affiliated Tribal group, or com- under paragraph (1) shall cover the fol-
under the Fund, including a list of recipients ponent reservation in the list published pur- lowing:
and a brief description of each project and its suant to section 104(a) of the Federally Rec- (A) Military post-traumatic stress disorder
purposes and goals; and ognized Indian Tribe List Act of 1994 (25 stressors.
(C) measures and metrics to track benefits U.S.C. 5131(a)). (B) Decision-making claims for claims
created by grants administered under the (6) The term ‘‘restoration and resilience processors.
Fund, including enhanced biodiversity, water lands’’ means fish, wildlife, and plant habi- (e) ANNUAL UPDATES TO POST-TRAUMATIC
quality, natural carbon sequestration, and tats, and other important natural areas in STRESS DISORDER PROCEDURAL GUIDANCE.—
resilience. the United States, on public lands, private Not later than 180 days after the date of the
(2) 5–YEAR REPORTS.—Not later than 90 land (after obtaining proper consent from enactment of this Act and not less fre-
days after the end of the fifth full fiscal year the landowner), or land of Indian Tribes, in- quently than once each year thereafter, the
after the date of enactment of this section, cluding grasslands, shrublands, prairies, Secretary, acting through the Under Sec-
and not later than 90 days after the end chapparal lands, forest lands, deserts, and ri- retary, shall evaluate the guidance relating
every fifth fiscal year thereafter, the Foun- parian or wetland areas within or adjacent to post-traumatic stress disorder to deter-
dation shall submit to the Secretary a report to these ecosystems. mine if updates are warranted to provide
containing— (7) The term ‘‘public lands’’ means lands claims processors of the Department with
(A) a description of any socioeconomic, owned or controlled by the United States. better resources regarding best practices for
biodiversity, community resilience, or cli- (8) The term ‘‘Secretary’’ means the Sec- claims processing, including specific guid-
mate resilience or mitigation (including nat- retary of the Interior, acting through the Di- ance regarding development of claims in-
ural carbon sequestration), impacts gen- rector of the United States Fish and Wildlife volving compensation for service-connected
erated by projects funded by grants awarded Service. post-traumatic stress disorder.
by the Fund, including measures and metrics (9) The term ‘‘State’’ means a State of the AMENDMENT NO. 592 OFFERED BY MS. NEWMAN
illustrating these impacts; United States, the District of Columbia, any OF ILLINOIS
(B) a description of land health benefits de- Indian Tribe, and any commonwealth, terri- Add at the end of subtitle E of title VIII
rived from projects funded by grants awarded tory, or possession of the United States. the following new section:
by the Fund, including an accounting of— AMENDMENT NO. 591 OFFERED BY MR. NEGUSE OF SEC. 8ll. APPLICATION OF PRICE EVALUATION
(i) lands treated for invasive species; COLORADO PREFERENCE FOR QUALIFIED
(ii) lands treated for wildfire threat reduc- HUBZONE SMALL BUSINESS CON-
Page 1236, after line 17, insert the fol- CERNS TO CERTAIN CONTRACTS.
tion, including those treated with controlled
lowing: (a) IN GENERAL.—Section 31(c)(3) of the
burning or other natural fire-management
SEC. llll IMPROVING PROCESSING BY THE
techniques; and Small Business Act (15 U.S.C. 657a(c)(3)) is
DEPARTMENT OF VETERANS AF-
(iii) lands restored either from wildfire or FAIRS OF DISABILITY CLAIMS FOR
amended by adding at the end the following
other forms or degradation, including over- POST-TRAUMATIC STRESS DIS- new subparagraph:
grazing and sedimentation; ORDER. ‘‘(E) APPLICATION TO CERTAIN CONTRACTS.—
(C) key findings for Congress, including (a) TRAINING FOR CLAIMS PROCESSORS WHO The requirements of subparagraph (A) shall
any recommended changes to the authoriza- HANDLE CLAIMS RELATING TO POST-TRAU- apply to an unrestricted order issued under
tion or purposes of the Fund; MATIC STRESS DISORDER.— an unrestricted multiple award contract or
(D) best practices for other Federal agen- (1) UPDATE TRAINING PROGRAMS.—Not later the unrestricted portion of a contract that is
cies in the administration of funds intended than 180 days after the date of the enactment partially set aside for competition restricted
for land and habitat restoration; of this Act, the Secretary of Veterans Affairs to small business concerns.’’.
(E) information on the use and outcome of (in this section referred to as the ‘‘Sec- (b) RULEMAKING.—Not later than 90 days
funds specifically set aside for planning and retary’’) shall, acting through the Under after the date of the enactment of this sec-
capacity building pursuant to section 6; and Secretary for Benefits (in this section re- tion, the Administrator of the Small Busi-
ness Administration shall revise any rule or
dlhill on DSK120RN23PROD with HOUSE
(F) any other information that the Foun- ferred to as the ‘‘Under Secretary’’), update
dation considers relevant. an ongoing, national training program for guidance to implement the requirements of
(3) SUBMISSION OF REPORTS TO CONGRESS.— claims processors who review claims for this section.
Not later than 10 days after receiving a re- compensation for service-connected post- AMENDMENT NO. 593 OFFERED BY MS. OCASIO-
port under this section, the Secretary shall traumatic stress disorder. CORTEZ OF NEW YORK
submit the report to the Committee on Nat- (2) PARTICIPATION REQUIRED.—Beginning on Page 1262, after line 23, insert the fol-
ural Resources of the House of Representa- the date that is 180 days after the date of the lowing:
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H6562 CONGRESSIONAL RECORD — HOUSE July 14, 2022
SEC. lll. SUPPORT FOR INTERNATIONAL INI- Urban Affairs and Foreign Relations of the (2) AVAILABILITY OF MAP.—Not later than
TIATIVES TO PROVIDE DEBT RE- Senate and the Committees on Financial 180 days after the Blackwater Trading Post
STRUCTURING OR RELIEF TO DE- Land is taken into trust under paragraph (1),
Services and Foreign Affairs of the House of
VELOPING COUNTRIES WITH
UNSUSTAINABLE LEVELS OF DEBT. Representatives a report that describes— the map shall be on file and available for
‘‘(1) any actions that have been taken, in public inspection in the appropriate offices
(a) IN GENERAL.—Title XVI of the Inter-
coordination with international financial in- of the Secretary.
national Financial Institutions Act (22 (3) LANDS TAKEN INTO TRUST PART OF RES-
stitutions, by official creditors, including
U.S.C. 262p et seq.) is amended by adding at ERVATION.—After the date on which the
the government of, and state-owned enter-
the end the following: Blackwater Trading Post Land is taken into
prises in, the People’s Republic of China, and
‘‘SEC. 1632. SUPPORT FOR INTERNATIONAL INI- trust under paragraph (1), the land shall be
relevant commercial creditor groups to ad-
TIATIVES TO PROVIDE DEBT RE-
vance debt restructuring or relief for coun- treated as part of the Reservation.
STRUCTURING OR RELIEF TO DE-
VELOPING COUNTRIES WITH tries with unsustainable debt that have (4) GAMING.—Class II and class III gaming
UNSUSTAINABLE LEVELS OF DEBT. sought restructuring or relief under the under the Indian Gaming Regulatory Act (25
‘‘(a) DEBT RELIEF.—The Secretary of the Common Framework, any successor frame- U.S.C. 2701 et seq.) shall not be allowed at
Treasury, in consultation with the Secretary work or mechanism, or under any other co- any time on the land taken into trust under
of State, shall— ordinated international arrangement for sov- paragraph (1).
ereign debt restructuring in which the (5) DESCRIPTION.—Not later than 180 days
‘‘(1) engage with international financial in-
United States participates; after the date of enactment of this Act, the
stitutions, the G20, and official and commer-
‘‘(2) any implementation challenges that Secretary shall cause the full metes-and-
cial creditors to advance support for prompt
hinder the ability of the Common Frame- bounds description of the Blackwater Trad-
and effective implementation and improve-
work to provide timely debt restructuring ing Post Land to be published in the Federal
ment of the Common Framework for Debt
for any country with unsustainable debt that Register. The description shall, on publica-
Treatments beyond the DSSI (in this section
seeks debt restructuring or debt payment re- tion, constitute the official description of
referred to as the ‘Common Framework’), or
lief, including any refusal of a creditor to the Blackwater Trading Post Land.
any successor framework or similar coordi- (c) CERCLA COMPLIANCE.—In carrying out
nated international debt treatment process participate in appropriate burden-sharing,
including failure to share (or publish, as ap- this section, the Secretary shall comply with
in which the United States participates section 120(h) of the Comprehensive Environ-
through the establishment and publication propriate) all material information needed
mental Response, Compensation, and Liabil-
of clear and accountable— to assess debt sustainability; and
ity Act of 1980 (42 U.S.C. 9620(h)).
‘‘(A) debt treatment benchmarks designed ‘‘(3) recommendations on how to address
any challenges identified in paragraph (2).’’. AMENDMENT NO. 595 OFFERED BY MR. PAPPAS OF
to achieve debt sustainability for each par- NEW HAMPSHIRE
ticipating debtor; (b) SUNSET.—The amendment made by sub-
section (a) is repealed effective on the date At the end of title LI, insert the following:
‘‘(B) standards for appropriate burden-
that is 5 years after the effective date of this SEC. 51ll. REGISTRY OF INDIVIDUALS EXPOSED
sharing among all creditors with material TO PER- AND POLYFLUOROALKYL
claims on each participating debtor, without section.
SUBSTANCES ON MILITARY INSTAL-
regard for their official, private, or hybrid AMENDMENT NO. 594 OFFERED BY MR. LATIONS.
status; O’HALLERAN OF ARIZONA
(a) ESTABLISHMENT OF REGISTRY.—
‘‘(C) robust debt disclosure by creditors, in- At the end of subtitle l of title l, insert (1) IN GENERAL.—Not later than one year
cluding the People’s Republic of China, and the following: after the date of the enactment of this Act,
debtor countries, including inter-creditor SEC. ll. BLACKWATER TRADING POST LAND. the Secretary of Veterans Affairs shall—
data-sharing and, to the maximum extent (a) DEFINITIONS.—In this section: (A) establish and maintain a registry for
practicable, public disclosure of material (1) The term ‘‘Blackwater Trading Post eligible individuals who may have been ex-
terms and conditions of claims on partici- Land’’ means the approximately 55.3 acres of posed to per- and polyfluoroalkyl substances
pating debtors; land as depicted on the map that— (in this section referred to as ‘‘PFAS’’) due
‘‘(D) expansion of Common Framework (A) is located in Pinal County, Arizona, to the environmental release of aqueous
country eligibility to lower middle-income and bordered by Community land to the east, film-forming foam (in this section referred
countries who otherwise meet the existing west, and north and State Highway 87 to the to as ‘‘AFFF’’) on military installations to
criteria; south; and meet the requirements of military specifica-
‘‘(E) improvements to the Common Frame- (B) is owned by the Community. tion MIL–F–24385F;
work process with the aim of ensuring access (2) The term ‘‘Community’’ means the Gila (B) include any information in such reg-
to debt relief in a timely manner for those River Indian Community of the Reservation. istry that the Secretary of Veterans Affairs
countries eligible and who request treat- (3) The term ‘‘map’’ means the map enti- determines necessary to ascertain and mon-
ment; and tled ‘‘Results of Survey, Ellis Property, A itor the health effects of the exposure of
‘‘(F) consistent enforcement and improve- Portion of the West 1⁄2 of Section 12, Town- members of the Armed Forces to PFAS asso-
ment of the policies of multilateral institu- ship 5 South, Range 7 East, Gila and Salt ciated with AFFF;
tions relating to asset-based and revenue- River Meridian, Pinal County, Arizona’’ and (C) develop a public information campaign
based borrowing by participating debtors, dated October 15, 2012. to inform eligible individuals about the reg-
and coordinated standards on restructuring (4) The term ‘‘Reservation’’ means the land istry, including how to register and the bene-
collateralized debt; located within the exterior boundaries of the fits of registering; and
‘‘(2) engage with international financial in- reservation created under sections 3 and 4 of (D) periodically notify eligible individuals
stitutions and official and commercial credi- the Act of February 28, 1859 (11 Stat. 401, of significant developments in the study and
tors to advance support, as the Secretary chapter LXVI), and Executive orders of Au- treatment of conditions associated with ex-
finds appropriate, for debt restructuring or gust 31, 1876, June 14, 1879, May 5, 1882, No- posure to PFAS.
debt relief for each participating debtor, in- vember 15, 1883, July 31, 1911, June 2, 1913, (2) COORDINATION.—The Secretary of Vet-
cluding, on a case-by-case basis, a debt August 27, 1914, and July 19, 1915, and any erans Affairs shall coordinate with the Sec-
standstill, if requested by the debtor country other lands placed in trust for the benefit of retary of Defense in carrying out paragraph
through the Common Framework process the Community. (1).
from the time of conclusion of a staff-level (5) The term ‘‘Secretary’’ means the Sec- (b) REPORTS.—
agreement with the International Monetary retary of the Interior. (1) INITIAL REPORT.—Not later than two
Fund, and until the conclusion of a memo- (b) LAND TAKEN INTO TRUST FOR BENEFIT years after the date on which the registry
randum of understanding with its creditor OF THE GILA RIVER INDIAN COMMUNITY.— under subsection (a) is established, the Sec-
committee pursuant to the Common Frame- (1) IN GENERAL.—The Secretary shall take retary of Veterans Affairs shall submit to
work, or any successor framework or similar the Blackwater Trading Post land into trust Congress an initial report containing the fol-
coordinated international debt treatment for the benefit of the Community, after the lowing:
process in which the United States partici- Community— (A) An assessment of the effectiveness of
pates; and (A) conveys to the Secretary all right, actions taken by the Secretary of Veterans
‘‘(3) instruct the United States Executive title, and interest of the Community in and Affairs and the Secretary of Defense to col-
Director at the International Monetary Fund to the Blackwater Trading Post Land; lect and maintain information on the health
and the United States Executive Director at (B) submits to the Secretary a request to effects of exposure to PFAS.
the World Bank to use the voice and vote of take the Blackwater Trading Post Land into (B) Recommendations to improve the col-
the United States to advance the efforts de- trust for the benefit of the Community; lection and maintenance of such informa-
dlhill on DSK120RN23PROD with HOUSE
scribed in paragraphs (1) and (2). (C) conducts a survey (to the satisfaction tion.
‘‘(b) REPORTING REQUIREMENT.—Not later of the Secretary) to determine the exact (C) Using established and previously pub-
than 120 days after the date of the enactment acreage and legal description of the lished epidemiological studies, recommenda-
of this section, and annually thereafter, the Blackwater Trading Post Land, if the Sec- tions regarding the most effective and pru-
Secretary of the Treasury, in coordination retary determines a survey is necessary; and dent means of addressing the medical needs
with the Secretary of State, shall submit to (D) pays all costs of any survey conducted of eligible individuals with respect to expo-
the Committees on Banking, Housing, and under subparagraph (C). sure to PFAS.
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July 14, 2022 CONGRESSIONAL RECORD — HOUSE H6563
(2) FOLLOW-UP REPORT.—Not later than five ‘‘(iv) there is no collection of any personal hibiting such act or practice and estab-
years after submitting the initial report identifying information from the customer; lishing or authorizing a State or local au-
under paragraph (1), the Secretary of Vet- ‘‘(v) there is no fee to use the card; and thority to grant or seek relief from such act
erans Affairs shall submit to Congress a fol- ‘‘(iv) there may be a limit to the number of or practice or to institute criminal pro-
low-up report containing the following: transactions. ceedings with respect thereto upon receiving
(A) An update to the initial report sub- ‘‘(2) INACTIVITY.—A person seeking excep- notice thereof, no civil action may be
mitted under paragraph (1). tion from subsection (a) may charge an inac- brought hereunder before the expiration of 30
(B) An assessment of whether and to what tivity fee in association with a card offered days after written notice of such alleged act
degree the content of the registry estab- by such person if— or practice has been given to the appropriate
lished under subsection (a) is current and ‘‘(A) there has been no activity with re- State or local authority by registered mail
scientifically up-to-date. spect to the card during the 12-month period or in person, provided that the court may
(3) INDEPENDENT SCIENTIFIC ORGANIZA- ending on the date on which the inactivity stay proceedings in such civil action pending
TION.—The Secretary of Veterans Affairs fee is imposed; the termination of State or local enforce-
shall enter into an agreement with an inde- ‘‘(B) not more than 1 inactivity fee is im- ment proceedings.
pendent scientific organization to prepare posed in any 1-month period; and ‘‘(e) GREATER PROTECTION UNDER STATE
the reports under paragraphs (1) and (2). ‘‘(C) it is clearly and conspicuously stated, LAW.—This section shall not preempt any
(c) RECOMMENDATIONS FOR ADDITIONAL EX- on the face of the mechanism that issues the law of a State, the District of Columbia, a
POSURES TO BE INCLUDED.—Not later than card and on the card— Tribal government, or a territory of the
five years after the date of the enactment of ‘‘(i) that an inactivity fee or charge may be United States if the protections that such
this Act, and every five years thereafter, the imposed; law affords to consumers are greater than
Secretary of Veterans Affairs, in consulta- ‘‘(ii) the frequency at which such inac- the protections provided under this section.
tion with the Secretary of Defense and the tivity fee may be imposed; and ‘‘(f) RULEMAKING.—The Secretary shall
Administrator of the Environmental Protec- ‘‘(iii) the amount of such inactivity fee. issue such rules as the Secretary determines
tion Agency, shall submit to Congress rec- ‘‘(c) RIGHT TO NOT ACCEPT LARGE BILLS.— are necessary to implement this section,
ommendations for additional chemicals with ‘‘(1) IN GENERAL.—Notwithstanding sub- which may prescribe additional exceptions
respect to which individuals exposed to such section (a), for the 5-year period beginning to the application of the requirements de-
chemicals should be included in the registry on the date of enactment of this section, this scribed in subsection (a).’’.
established under subsection (a). section shall not require a person to accept (2) CLERICAL AMENDMENT.—The table of
(d) ELIGIBLE INDIVIDUAL DEFINED.—In this cash payments in $50 bills or any larger bill. contents for chapter 51 of title 31, United
section, the term ‘‘eligible individual’’ ‘‘(2) RULEMAKING.— States Code, is amended by inserting after
means any individual who, on or after a date ‘‘(A) IN GENERAL.—The Secretary of the
specified by the Secretary of Veterans Af- the item relating to section 5103 the fol-
Treasury, in this section referred to as the lowing:
fairs through regulations, served or is serv- Secretary, shall issue a rule on the date that
ing in the Armed Forces at a military instal- ‘‘5104. Retail businesses prohibited from re-
is 5 years after the date of the enactment of
lation where AFFF was used or at another fusing cash payments.’’.
this section with respect to any bills a per-
location of the Department of Defense where (3) RULE OF CONSTRUCTION.—The amend-
son is not required to accept.
AFFF was used. ments made by this section may not be con-
‘‘(B) REQUIREMENT.—When issuing a rule
AMENDMENT NO. 596 OFFERED BY MR. PAYNE OF strued to have any effect on section 5103 of
under subparagraph (A), the Secretary shall
NEW JERSEY require persons to accept $1, $5, $10, $20, and title 31, United States Code.
(c) DISCRETIONARY SURPLUS FUND.—
Add at the end of title LIV of division E $50 bills.
‘‘(d) ENFORCEMENT.— (1) IN GENERAL.—Subparagraph (A) of sec-
the following:
‘‘(1) PREVENTATIVE RELIEF.—Whenever any tion 7(a)(3) of the Federal Reserve Act (12
SEC. 5403. PAYMENT CHOICE.
person has engaged, or there are reasonable U.S.C. 289(a)(3)(A)) is amended by reducing
(a) SENSE OF CONGRESS.—It is the sense of
grounds to believe that any person is about the dollar figure described in such subpara-
Congress that every consumer has the right
to engage, in any act or practice prohibited graph by $15,000,000.
to use cash at retail businesses who accept
by this section, a civil action for preventive (2) EFFECTIVE DATE.—The amendment
in-person payments.
(b) RETAIL BUSINESSES PROHIBITED FROM relief, including an application for a perma- made by paragraph (1) shall take effect on
REFUSING CASH PAYMENTS.— nent or temporary injunction, restraining September 30, 2022.
(1) IN GENERAL.—Subchapter I of chapter 51 order, or other order may be brought against AMENDMENT NO. 597 OFFERED BY MR. PETERS OF
of title 31, United States Code, is amended by such person. CALIFORNIA
adding at the end the following: ‘‘(2) CIVIL PENALTIES.—Any person who vio- Add at the end of subtitle E of title VIII
‘‘§ 5104. Retail businesses prohibited from re- lates this section shall— the following new section:
fusing cash payments. ‘‘(A) be liable for actual damages; SECTION 1. CODIFICATION OF SMALL BUSINESS
‘‘(a) IN GENERAL.—Any person engaged in ‘‘(B) be fined not more than $2,500 for a ADMINISTRATION SCORECARD.
the business of selling or offering goods or first offense; and (a) IN GENERAL.—Section 868(b) of the Na-
services at retail to the public with a person ‘‘(C) be fined not more than $5,000 for a sec- tional Defense Authorization Act for Fiscal
accepting in-person payments at a physical ond or subsequent offense. Year 2016 (15 U.S.C. 644 note) is transferred to
location (including a person accepting pay- ‘‘(3) JURISDICTION.—An action under this section 15 of the Small Business Act (15
ments for telephone, mail, or internet-based section may be brought in any United States U.S.C. 644), inserted after subsection (x), re-
transactions who is accepting in-person pay- district court, or in any other court of com- designated as subsection (y), and amended—
ments at a physical location)— petent jurisdiction. (1) by striking paragraphs (1), (6), and (7);
‘‘(1) shall accept cash as a form of payment ‘‘(4) INTERVENTION OF ATTORNEY GENERAL.— (2) by redesignating paragraph (2), (3), and
for sales of less than $2,000 (or, for loan pay- Upon timely application, a court may, in its (4) as paragraphs (1), (2), and (3), respec-
ments, payments made on a loan with an discretion, permit the Attorney General to tively;
original principal amount of less than $2,000) intervene in a civil action brought under this (3) by redesignating paragraph (8) as para-
made at such physical location; and subsection, if the Attorney General certifies graph (6);
‘‘(2) may not charge cash-paying customers that the action is of general public impor- (4) in paragraph (1) (as so redesignated), by
a higher price compared to the price charged tance. striking ‘‘Beginning in’’ and all that follows
to customers not paying with cash. ‘‘(5) AUTHORITY TO APPOINT COURT-PAID AT- through ‘‘to evaluate’’ and inserting ‘‘The
‘‘(b) EXCEPTIONS.— TORNEY.—Upon application by an individual Administrator shall use a scorecard to annu-
‘‘(1) IN GENERAL.—Subsection (a) shall not and in such circumstances as the court may ally evaluate’’;
apply to a person if such person— determine just, the court may appoint an at- (5) in paragraph (2) (as so redesignated)—
‘‘(A) is unable to accept cash because of— torney for such individual and may authorize (A) in the matter preceding subparagraph
‘‘(i) a sale system failure that temporarily the commencement of a civil action under (A)—
prevents the processing of cash payments; or this subsection without the payment of fees, (i) by striking ‘‘developed under paragraph
‘‘(ii) a temporary insufficiency in cash on costs, or security. (1)’’; and
hand needed to provide change; or ‘‘(6) ATTORNEY’S FEES.—In any action com- (ii) by inserting ‘‘and Governmentwide’’
‘‘(B) provides customers with the means, menced pursuant to this section, the court, after ‘‘each Federal agency’’; and
on the premises, to convert cash into a card in its discretion, may allow the prevailing (B) in subparagraph (A), by striking ‘‘sec-
that is either a general-use prepaid card, a party, other than the United States, a rea- tion 15(g)(1)(B) of the Small Business Act (15
gift card, or an access device for electronic sonable attorney’s fee as part of the costs, U.S.C. 644(g)(1)(B))’’ and inserting ‘‘sub-
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fund transfers for which— and the United States shall be liable for section (g)(1)(B)’’;
‘‘(i) there is no fee for the use of the card; costs the same as a private person. (6) in paragraph (3) (as so redesignated)—
‘‘(ii) there is not a minimum deposit ‘‘(7) REQUIREMENTS IN CERTAIN STATES AND (A) in subparagraph (A), by striking ‘‘para-
amount greater than 1 dollar; LOCAL AREAS.—In the case of an alleged act graph (3)(A)’’ and inserting ‘‘paragraph
‘‘(iii) amounts loaded on the card do not or practice prohibited by this section which (2)(A)’’; and
expire, except as permitted under paragraph occurs in a State, or political subdivision of (B) in subparagraph (B), by striking ‘‘para-
(2); a State, which has a State or local law pro- graph (3)’’ and inserting ‘‘paragraph (2)’’;
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H6564 CONGRESSIONAL RECORD — HOUSE July 14, 2022
(7) by inserting after paragraph (3) (as so 1980 (22 U.S.C. 4084)) to provide veterinary tation on the applicable foreign carrier, the
redesignated) the following new paragraph: care overseas for domestic animals of such Peace Corps volunteer, officer, employee,
‘‘(4) ADDITIONAL REQUIREMENTS FOR SCORE- officers, employees, and dependents, except member may pay the difference of such
CARDS.—The scorecard shall include, for each that— amount.
Federal agency and Governmentwide, the (A) such individuals may not be deemed of- ‘‘(3) DEFINITION.—In this subsection:
following information with respect to prime ficers or employees of the United States for ‘‘(A) DOMESTIC ANIMAL.—The term ‘domes-
contracts: the purpose of any law administered by the tic animal’ means a dog or a cat.
‘‘(A) The number (expressed as a percent- Office of Personnel Management; and ‘‘(B) PEACE CORPS VOLUNTEER.—The term
age) and total dollar amount of awards made (B) such individuals shall be expected to be ‘Peace Corps volunteer’ means an individual
to small business concerns owned and con- available to travel to any overseas post as described in section 5(a) of the Peace Corps
trolled by women through sole source con- necessary to provide veterinary care and Act (22 U.S.C. 2504(a)).’’.
tracts and competitions restricted to small shall not be hired for or detailed exclusively AMENDMENT NO. 600 OFFERED BY MR. PHILLIPS
business concerns owned and controlled by to any specific overseas post; and OF MINNESOTA
women under section 8(m). (2) to take such steps as may be necessary At the end of subtitle C of title XII, add
‘‘(B) The number (expressed as a percent- to provide medical services or related sup- the following:
age) and total dollar amount of awards made port with respect to the domestic animals of SEC. 13l. STATE DEPARTMENT AUTHORIZATION
to small business concerns owned and con- such officers, employees, and dependents, in- FOR PAVILION AT EXPO 2025 OSAKA.
trolled by qualified HUBZone small business cluding in particular the purchase, procure- (a) IN GENERAL.—Notwithstanding section
concerns through sole source contracts and ment, delivery, and administration of rabies 204 of the Admiral James W. Nance and Meg
competitions restricted to qualified vaccines licensed by the Secretary of Agri- Donovan Foreign Relations Authorization
HUBZone small business concerns under sec- culture, on a reimbursable basis to the ex- Act, Fiscal Years 2000 and 2001 (22 U.S.C.
tion 31(c)(2). tent feasible, except that such reimburse- 2452b), there is authorized to be appropriated
‘‘(C) The number (expressed as a percent- ment may not exceed the amount that would for each of fiscal years 2023 and 2024 funds for
age) and total dollar amount of awards made be charged for equivalent veterinarian serv- a United States pavilion at Expo 2025 Osaka,
to small business concerns owned and con- ices if received in the United States. subject to subsections (b) and (c).
trolled by service-disabled veterans through (b) USE OF EXISTING MECHANISMS.—To the (b) COST-SHARE REQUIREMENT.—Funds
sole source contracts and competitions re- maximum extent practicable, the Secretary made available pursuant to subsection (a) to
stricted to small business concerns owned of State shall use existing mechanisms, in- the Department of State for a United States
and controlled by service-disabled veterans cluding for the purchase, procurement, deliv- pavilion at Expo 2025 Osaka shall be made
under section 36. ery, and administration of COVID–19 vac- available on a cost-matching basis, to the
‘‘(D) The number (expressed as a percent- cines to officers and employees of the United maximum extent practicable, from sources
age) and total dollar amount of awards made States Government and their dependents other than the United States Government.
to socially and economically disadvantaged under the authority of any Chief of Mission (c) NOTIFICATION.—
small business concerns under section 8(a) abroad, to carry out the authorities provided (1) IN GENERAL.—Funds made available pur-
through sole source contracts and competi- by subsection (a), especially with respect to suant to subsection (a) to the Department of
tions restricted to socially and economically the purchase, procurement, delivery, and ad- State for a United States pavilion at Expo
disadvantaged small business concerns, ministration of rabies vaccines licensed by 2025 Osaka may be obligated only after the
disaggregated by awards made to such con- the Secretary of Agriculture. appropriate congressional committees are
cerns that are owned and controlled by indi- (c) DEFINITIONS.—In this section— notified not less than 15 days prior to such
viduals and awards made to such concerns (1) the term ‘‘domestic animal’’ means a obligation.
that are owned and controlled by an enti- dog or a cat; and (2) MATTERS TO BE INCLUDED.—Such notifi-
ty.’’; (2) the term ‘‘officers and employees of the cation shall include the following:
(8) in paragraph (5), by striking ‘‘section United States Government’’ includes volun- (A) A description of the source of such
15(h)(2) of the Small Business Act (15 U.S.C. teers in the Peace Corps. funds, including any funds reprogrammed or
644(h)(2))’’ and inserting ‘‘subsection (h)(2)’’; AMENDMENT NO. 599 OFFERED BY MR. PHILLIPS transferred by the Department of State to be
and OF MINNESOTA made available for such pavilion.
(9) by amending paragraph (6) (as so redes- (B) An estimate of the amount of invest-
At the end of title LIII, add the following:
ignated) to read as follows: ment such pavilion could bring to the United
SEC. ll. FLY AMERICA ACT EXCEPTION.
‘‘(6) SCORECARD DEFINED.—In this sub- States.
Section 40118 of title 49, United States (C) A description of the strategy of the De-
section, the term ‘scorecard’ means any sum- Code, is amended by adding at the end the
mary using a rating system to evaluate the partment to identify and obtain such match-
following: ing funds from sources other than the United
efforts of a Federal agency to meet goals es- ‘‘(h) CERTAIN TRANSPORTATION OF DOMESTIC
tablished under subsection (g)(1)(B) that— States Government, in accordance with sub-
ANIMALS.— section (b).
‘‘(A) includes the measures described in ‘‘(1) IN GENERAL.—Notwithstanding sub-
paragraph (2); and (D) A certification that each entity receiv-
sections (a) and (c), an appropriation to any ing amounts for a contract, grant, or other
‘‘(B) assigns a score to each Federal agency department, agency, or instrumentality of
evaluated.’’. agreement to construct, maintain, or other-
the United States Government may be used wise service such pavilion—
(b) CONFORMING AMENDMENT.—Section to pay for the transportation of a Peace
15(x)(2) of the Small Business Act is amended (i) is not in violation of the labor laws of
Corps volunteer or an officer, employee, or Japan, the Foreign Corrupt Practices Act of
by striking ‘‘scorecard described in section member of the uniformed services of any
868(b) of the National Defense Authorization 1977 (Public Law 95–213), and any other appli-
such department, agency, or instrumen- cable anti-corruption laws; and
Act for Fiscal Year 2016 (15 U.S.C. 644 note)’’ tality, a dependent of the Peace Corps volun-
and inserting ‘‘scorecard (as defined in sub- (ii) does not employ, or otherwise utilize, a
teer, officer, employee, or member, and in- victim of trafficking (as defined in section
section (y))’’. cabin or accompanying checked baggage, by
AMENDMENT NO. 598 OFFERED BY MR. PHILLIPS
103 of the Trafficking Victims Protection
a foreign air carrier when— Act of 2000 (22 U.S.C. 7102)).
OF MINNESOTA ‘‘(A) the transportation is from a place— (d) FINAL REPORT.—Not later than 180 days
At the appropriate place in division E, in- ‘‘(i) outside the United States to a place in after the date on which a United States pa-
sert the following: the United States; vilion at Expo 2025 Osaka is opened, the Sec-
SEC. ll. AUTHORIZATIONS RELATING TO VET- ‘‘(ii) in the United States to a place outside retary of State shall submit to the appro-
ERINARY CARE OVERSEAS. the United States; or priate congressional committees a report
(a) DEPARTMENT OF STATE.—The Secretary ‘‘(iii) outside the United States to another that includes—
of State, in consultation with the Director of place outside the United States; and (1) the number of United States businesses
the Centers for Disease Control and Preven- ‘‘(B) no air carrier holding a certificate that participated in such pavilion; and
tion, is authorized, in order to facilitate the under section 41102 is willing and able to (2) the dollar amount and source of any
importation to the United States, of domes- transport up to three domestic animals ac- matching funds obtained by the Department.
tic animals by officers and employees of the companying such Peace Corps volunteer, of- (e) APPROPRIATE CONGRESSIONAL COMMIT-
United States Government, and their de- ficer, employee, member, or dependent. TEES DEFINED.—In this section, the term
pendents, under the authority of any Chief of ‘‘(2) LIMITATION.—An amount paid pursu- ‘‘appropriate congressional committees’’
Mission from a country classified by the Cen- ant to paragraph (1) for transportation by a means the following:
ters for Disease Control and Prevention as foreign carrier may not be greater than the (1) The Committee on Foreign Affairs and
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high risk for dog rabies— amount that would otherwise have been paid the Committee on Appropriations of the
(1) to enter into contracts with individuals had the transportation been on an air carrier House of Representatives.
who are licensed in the United States for the holding a certificate under section 41102 had (2) The Committee on Foreign Relations
provision of personal services (as described that carrier been willing and able to provide and the Committee on Appropriations of the
in section 104 of part 37 of title 48, Code of such transportation. If the amount that Senate.
Federal Regulations and including pursuant would otherwise have been paid to such an (f) SUNSET.—This section ceases to be effec-
to section 904 of the Foreign Service Act of air carrier is less than the cost of transpor- tive on December 31, 2025.
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