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Home Source documents Amendments En Bloc No. 5 to H.R. 7900 — Congressional Record, House, July 14, 2022

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

Cite this document

“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/, SHA-256 e53f852c84b1f2a08c8ec912b3b3969fba64744f323723fb7e6e151aed77817a.

Full text

                                            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-




dlhill on DSK120RN23PROD with HOUSE
                                            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-




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                              (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-




dlhill on DSK120RN23PROD with HOUSE
                                               (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




dlhill on DSK120RN23PROD with HOUSE
                                            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-




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                                            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




dlhill on DSK120RN23PROD with HOUSE
                                                                                                     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




dlhill on DSK120RN23PROD with HOUSE
                                            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-




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                                                                                                     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,




dlhill on DSK120RN23PROD with HOUSE
                                            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-




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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—




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                            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-




dlhill on DSK120RN23PROD with HOUSE
                                              (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.




dlhill on DSK120RN23PROD with HOUSE
                                            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




dlhill on DSK120RN23PROD with HOUSE
                                                                                                     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.




dlhill on DSK120RN23PROD with HOUSE
                                            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-




dlhill on DSK120RN23PROD with HOUSE
                                            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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