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Home Source documents Senate Amendments to H.R. 7900, September 21, 2022 — Congressional Record

Senate Amendments to H.R. 7900, September 21, 2022 — Congressional Record

Summary

Pages S4918 and S4919 of the Congressional Record, Senate, September 21, 2022 list amendments to amendment SA 5499 submitted by Reed (for himself and Inhofe), intended to be proposed to the bill to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, each ordered to lie on the table. Lankford, Blunt, Cardin, and Braun are among those who submitted them. Printed text includes a condition that the Secretary of State transmit a proposal to remove the People's Republic of China from a Montreal Protocol decision, and a prohibition on smoking in facilities of the Veterans Health Administration. The page also records confirmation of Roselyn Tso to be Director of the Indian Health Service.

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Cite this document

“Senate Amendments to H.R. 7900, September 21, 2022 — Congressional Record.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-21-crec-2022-09-21-pt1-pgs4918-a9065bcbcf/, SHA-256 ea4d90f51d3bce1a133a60f87abb734ff825427d0c3c237df0c432ae5283eccb.

Full text

                                               S4918                                             CONGRESSIONAL RECORD — SENATE                                                     September 21, 2022
                                               (for himself and Mr. INHOFE) and intended to            amendment SA 5499 submitted by Mr. REED                and other intergovernmental organizations
                                               be proposed to the bill H.R. 7900, supra;               (for himself and Mr. INHOFE) and intended to           should not treat the People’s Republic of
                                               which was ordered to lie on the table.                  be proposed to the bill H.R. 7900, supra;              China as such.
                                                 SA 5548. Mr. LANKFORD submitted an                    which was ordered to lie on the table.                   At the end, add the following:
                                               amendment intended to be proposed to                      SA 5563. Mr. LANKFORD submitted an                   SEC. 3. CONDITION.
                                               amendment SA 5499 submitted by Mr. REED                 amendment intended to be proposed to                     The advice and consent of the Senate
                                               (for himself and Mr. INHOFE) and intended to            amendment SA 5499 submitted by Mr. REED                under section 1 is subject to the following
                                               be proposed to the bill H.R. 7900, supra;               (for himself and Mr. INHOFE) and intended to           condition: Prior to the Thirty-Fifth Meeting
                                               which was ordered to lie on the table.                  be proposed to the bill H.R. 7900, supra;
                                                 SA 5549. Mr. LANKFORD submitted an                                                                           of the Parties to the Montreal Protocol, the
                                                                                                       which was ordered to lie on the table.                 Secretary of State shall transmit to the Sec-
                                               amendment intended to be proposed to                      SA 5564. Mr. BLUNT (for himself, Mr. DUR-
                                               amendment SA 5499 submitted by Mr. REED                                                                        retariat of the Vienna Convention for the
                                                                                                       BIN, Mr. COTTON, Ms. HIRONO, and Mr.
                                               (for himself and Mr. INHOFE) and intended to                                                                   Protection of the Ozone Layer a proposal to
                                                                                                       OSSOFF) submitted an amendment intended                amend Decision I/12E, ‘‘Clarification of
                                               be proposed to the bill H.R. 7900, supra;               to be proposed to amendment SA 5499 sub-
                                               which was ordered to lie on the table.                                                                         terms and definitions: developing countries,’’
                                                                                                       mitted by Mr. REED (for himself and Mr.                made at the First Meeting of the Parties, to
                                                 SA 5550. Mr. LANKFORD submitted an                    INHOFE) and intended to be proposed to the
                                               amendment intended to be proposed to                                                                           remove the People’s Republic of China.
                                                                                                       bill H.R. 7900, supra; which was ordered to lie
                                               amendment SA 5499 submitted by Mr. REED                 on the table.
                                                                                                                                                                                   ---
                                               (for himself and Mr. INHOFE) and intended to              SA 5565. Mr. BLUNT (for himself and Mr.
                                                                                                                                                                SA 5519. Mr. CARDIN submitted an
                                               be proposed to the bill H.R. 7900, supra;               WYDEN) submitted an amendment intended                 amendment intended to be proposed to
                                               which was ordered to lie on the table.                  to be proposed to amendment SA 5499 sub-               amendment SA 5499 submitted by Mr.
                                                 SA 5551. Mr. LANKFORD submitted an                                                                           REED (for himself and Mr. INHOFE) and
                                                                                                       mitted by Mr. REED (for himself and Mr.
                                               amendment intended to be proposed to
                                                                                                       INHOFE) and intended to be proposed to the             intended to be proposed to the bill H.R.
                                               amendment SA 5499 submitted by Mr. REED
                                                                                                       bill H.R. 7900, supra; which was ordered to lie        7900, to authorize appropriations for
                                               (for himself and Mr. INHOFE) and intended to
                                                                                                       on the table.                                          fiscal year 2023 for military activities
                                               be proposed to the bill H.R. 7900, supra;
                                                                                                         SA 5566. Mr. CARDIN submitted an amend-              of the Department of Defense, for mili-
                                               which was ordered to lie on the table.
                                                                                                       ment intended to be proposed to amendment
                                                 SA 5552. Mr. LANKFORD submitted an                                                                           tary construction, and for defense ac-
                                                                                                       SA 5499 submitted by Mr. REED (for himself
                                               amendment intended to be proposed to                                                                           tivities of the Department of Energy,
                                                                                                       and Mr. INHOFE) and intended to be proposed
                                               amendment SA 5499 submitted by Mr. REED                                                                        to    prescribe     military  personnel
                                                                                                       to the bill H.R. 7900, supra; which was or-
                                               (for himself and Mr. INHOFE) and intended to
                                                                                                       dered to lie on the table.                             strengths for such fiscal year, and for
                                               be proposed to the bill H.R. 7900, supra;
                                                                                                         SA 5567. Mr. CARDIN submitted an amend-              other purposes; which was ordered to
                                               which was ordered to lie on the table.
                                                 SA 5553. Mr. LANKFORD submitted an                    ment intended to be proposed to amendment              lie on the table; as follows:
                                               amendment intended to be proposed to                    SA 5499 submitted by Mr. REED (for himself
                                                                                                                                                                At the end of subtitle G of title X, add the
                                               amendment SA 5499 submitted by Mr. REED                 and Mr. INHOFE) and intended to be proposed
                                                                                                                                                              following:
                                               (for himself and Mr. INHOFE) and intended to            to the bill H.R. 7900, supra; which was or-
                                                                                                                                                              SEC. 10ll. ZERO-EMISSION VEHICLE CHARGING
                                               be proposed to the bill H.R. 7900, supra;               dered to lie on the table.
                                                                                                                                                                         INFRASTRUCTURE AT GSA FACILI-
                                                                                                         SA 5568. Mr. CARDIN submitted an amend-
                                               which was ordered to lie on the table.                                                                                    TIES OR CAMPUSES.
                                                 SA 5554. Mr. LANKFORD submitted an                    ment intended to be proposed to amendment
                                                                                                                                                                (a) ANNUAL GOALS.—Not later than 180
                                               amendment intended to be proposed to                    SA 5499 submitted by Mr. REED (for himself
                                                                                                                                                              days after the date of enactment of this Act,
                                               amendment SA 5499 submitted by Mr. REED                 and Mr. INHOFE) and intended to be proposed
                                                                                                                                                              the Administrator of General Services (re-
                                               (for himself and Mr. INHOFE) and intended to            to the bill H.R. 7900, supra; which was or-
                                                                                                                                                              ferred to in this section as the ‘‘Adminis-
                                               be proposed to the bill H.R. 7900, supra;               dered to lie on the table.
                                                                                                         SA 5569. Mr. TOOMEY (for himself and Mr.             trator’’) shall develop—
                                               which was ordered to lie on the table.                                                                           (1) annual goals for the deployment of zero-
                                                 SA 5555. Mr. LANKFORD submitted an                    CARDIN) submitted an amendment intended
                                                                                                       to be proposed to amendment SA 5499 sub-               emission vehicle infrastructure, including
                                               amendment intended to be proposed to                                                                           electric vehicle supply equipment, at facili-
                                               amendment SA 5499 submitted by Mr. REED                 mitted by Mr. REED (for himself and Mr.
                                                                                                       INHOFE) and intended to be proposed to the             ties or campuses of the General Services Ad-
                                               (for himself and Mr. INHOFE) and intended to                                                                   ministration (referred to in this section as
                                               be proposed to the bill H.R. 7900, supra;               bill H.R. 7900, supra; which was ordered to lie
                                                                                                       on the table.                                          ‘‘GSA facilities or campuses’’) such that by
                                               which was ordered to lie on the table.                                                                         December 31, 2030, not less than 90 percent of
                                                 SA 5556. Mr. LANKFORD submitted an                      SA 5570. Mr. CARDIN submitted an amend-
                                                                                                       ment intended to be proposed to amendment              GSA facilities or campuses with 200 or more
                                               amendment intended to be proposed to                                                                           daily employees and visitors offer zero-emis-
                                               amendment SA 5499 submitted by Mr. REED                 SA 5499 submitted by Mr. REED (for himself
                                                                                                       and Mr. INHOFE) and intended to be proposed            sion vehicle charging or fueling infrastruc-
                                               (for himself and Mr. INHOFE) and intended to                                                                   ture; and
                                               be proposed to the bill H.R. 7900, supra;               to the bill H.R. 7900, supra; which was or-
                                                                                                       dered to lie on the table.                               (2) guidance to ensure progress towards the
                                               which was ordered to lie on the table.                                                                         annual goals developed under paragraph (1).
                                                 SA 5557. Mr. DAINES submitted an amend-                                f                                       (b) PLAN.—Not later than 180 days after the
                                               ment intended to be proposed to amendment
                                                                                                             TEXT OF AMENDMENTS                               date of enactment of this Act, the Adminis-
                                               SA 5499 submitted by Mr. REED (for himself
                                                                                                                                                              trator shall prepare a detailed plan—
                                               and Mr. INHOFE) and intended to be proposed               SA 5518. Mr. SULLIVAN (for himself                     (1) to achieve the goals developed under
                                               to the bill H.R. 7900, supra; which was or-             and Mr. LEE) proposed an amendment                     subsection (a)(1); and
                                               dered to lie on the table.                              to the resolution of ratification to
                                                 SA 5558. Mr. LANKFORD submitted an                                                                             (2) that—
                                               amendment intended to be proposed to                    Treaty Doc. 117–1, Amendment to the                      (A) identifies particular GSA facilities or
                                               amendment SA 5499 submitted by Mr. REED                 Montreal Protocol on Substances that                   campuses as priority facilities or campuses,
                                               (for himself and Mr. INHOFE) and intended to            Deplete the Ozone Layer (the ‘‘Mon-                    as applicable, at which to achieve those
                                               be proposed to the bill H.R. 7900, supra;               treal Protocol’’), adopted at Kigali on                goals, including by considering—
                                               which was ordered to lie on the table.                                                                           (i) demand for zero-emission vehicle charg-
                                                                                                       October 15, 2016, by the Twenty-Eighth                 ing and fueling;
                                                 SA 5559. Mr. LANKFORD submitted an                    Meeting of the Parties to the Montreal
                                               amendment intended to be proposed to                                                                             (ii) locations of zero-emission vehicle fleets
                                                                                                       Protocol (the ‘‘Kigali Amendment’’); as                of the General Services Administration and
                                               amendment SA 5499 submitted by Mr. REED
                                               (for himself and Mr. INHOFE) and intended to            follows:                                               tenant Federal agencies;
                                               be proposed to the bill H.R. 7900, supra;                  In section 1, in the section heading, strike          (iii) locations relevant to State zero-emis-
                                               which was ordered to lie on the table.                  ‘‘DECLARATION’’ and insert ‘‘DECLARATIONS              sion vehicle charging and fueling needs;
                                                 SA 5560. Mr. LANKFORD submitted an                    AND A CONDITION’’.                                       (iv) geographical gaps in zero-emission ve-
                                               amendment intended to be proposed to                       In section 1, strike ‘‘declaration of section       hicle charging infrastructure;
                                               amendment SA 5499 submitted by Mr. REED                 2’’ and insert ‘‘declarations of section 2 and           (v) availability of incentives; and
                                               (for himself and Mr. INHOFE) and intended to            the condition of section 3’’.                            (vi) other factors, as determined by the Ad-
                                               be proposed to the bill H.R. 7900, supra;                  In section 2, in the section heading, strike        ministrator; and
                                                                                                       ‘‘DECLARATION’’ and insert ‘‘DECLARATIONS’’.             (B) includes a requirement that all applica-




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                                               which was ordered to lie on the table.
                                                 SA 5561. Mr. LANKFORD submitted an                       In section 2, strike ‘‘following declaration’’      ble electric vehicle supply equipment at GSA
                                               amendment intended to be proposed to                    and all that follows through the period at             facilities or campuses is certified under the
                                               amendment SA 5499 submitted by Mr. REED                 the end and insert the following: ‘‘following          Energy Star program established by section
                                               (for himself and Mr. INHOFE) and intended to            declarations:                                          324A of the Energy Policy and Conservation
                                               be proposed to the bill H.R. 7900, supra;                  (1) The Kigali amendment is not self-exe-           Act (42 U.S.C. 6294a).
                                               which was ordered to lie on the table.                  cuting.                                                  (c) INCLUSION IN PROJECTS.—To the max-
                                                 SA 5562. Mr. LANKFORD submitted an                       (2) The People’s Republic of China is not a         imum extent practicable, the Administrator
                                               amendment intended to be proposed to                    developing country, and the United Nations             shall ensure that appropriate zero-emission




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                    S4919
                                               vehicle infrastructure, including electric ve-          struction, and for defense activities of               creasing exports of United States goods and
                                               hicle supply equipment and zero-emission ve-            the Department of Energy, to prescribe                 services to Africa and Latin America and the
                                               hicle fueling infrastructure, is included in,           military personnel strengths for such                  Caribbean by 200 percent in real dollar value
                                               with respect to a GSA facility or campus—                                                                      by the date that is 10 years after the date of
                                                                                                       fiscal year, and for other purposes;
                                                 (1) any prospectus for a construction, al-                                                                   the enactment of this Act.
                                               teration, or lease project;                             which was ordered to lie on the table;                   (3) CONSULTATIONS.—In developing the
                                                 (2) any prospectus for an alteration of a             as follows:                                            strategy required by paragraph (1), the Presi-
                                               leased building;                                          At the end of subtitle G of title X, add the         dent shall consult with—
                                                 (3) any contract for parking lot paving or            following:                                               (A) Congress;
                                               repaving; and                                           SEC. 1077. PROHIBITION ON SMOKING IN FACILI-             (B) each agency that is a member of the
                                                 (4) any other appropriate project, as deter-                      TIES OF THE VETERANS HEALTH AD-            Trade Promotion Coordinating Committee;
                                               mined by the Administrator.                                         MINISTRATION.                                (C) the relevant multilateral development
                                                 (d) FUNDING.—The Administrator may use                  (a) PROHIBITION.—                                    banks, in coordination with the Secretary of
                                               amounts made available under section 60504                (1) IN GENERAL.—Section 1715 of title 38,            the Treasury and the respective United
                                               of Public Law 117–169 (commonly known as                United States Code, is amended to read as              States Executive Directors of such banks;
                                               the ‘‘Inflation Reduction Act’’)—                       follows:                                                 (D) each agency that participates in the
                                                 (1) to achieve the zero-emission vehicle in-          ‘‘§ 1715. Prohibition on smoking in facilities         Trade Policy Staff Committee;
                                               frastructure goals developed under sub-                    of the Veterans Health Administration                 (E) the President’s Export Council;
                                               section (a)(1), including through carrying out             ‘‘(a) PROHIBITION.—No person (including               (F) each of the development agencies;
                                               projects in support of those goals; and                 any veteran, patient, resident, employee of              (G) any other Federal agencies with re-
                                                 (2) for the cost of any additional employ-            the Department, contractor, or visitor) may            sponsibility for export promotion or financ-
                                               ees, contractors, and training needed to sup-           smoke on the premises of any facility of the           ing and development; and
                                               port those goals.                                       Veterans Health Administration.                          (H) the private sector, including busi-
                                                                                                          ‘‘(b) DEFINITIONS.—In this section:                 nesses, nongovernmental organizations, and
                                                 SA 5520. Mr. BRAUN submitted an                          ‘‘(1) The term ‘facility of the Veterans            African and Latin American and Caribbean
                                               amendment intended to be proposed to                    Health Administration’ means any land or               diaspora groups.
                                               amendment SA 5499 submitted by Mr.                      building (including any medical center, nurs-            (4) SUBMISSION TO CONGRESS.—
                                               REED (for himself and Mr. INHOFE) and                   ing home, domiciliary facility, outpatient               (A) STRATEGY.—Not later than 180 days
                                               intended to be proposed to the bill H.R.                clinic, or center that provides readjustment           after the date of the enactment of this Act,
                                                                                                       counseling) that is—                                   the President shall submit to Congress the
                                               7900, to authorize appropriations for                                                                          strategy required by paragraph (1).
                                                                                                          ‘‘(A) under the jurisdiction of the Depart-
                                               fiscal year 2023 for military activities                                                                         (B) PROGRESS REPORT.—Not later than 3
                                                                                                       ment of Veterans Affairs;
                                               of the Department of Defense, for mili-                    ‘‘(B) under the control of the Veterans             years after the date of the enactment of this
                                               tary construction, and for defense ac-                  Health Administration; and                             Act, the President shall submit to Congress
                                               tivities of the Department of Energy,                      ‘‘(C) not under the control of the General          a report on the implementation of the strat-
                                               to    prescribe     military  personnel                 Services Administration.                               egy required by paragraph (1).
                                               strengths for such fiscal year, and for                    ‘‘(2) The term ‘smoke’ includes—                      (b) SPECIAL AFRICA AND LATIN AMERICA AND
                                               other purposes; which was ordered to                       ‘‘(A) the use of cigarettes, cigars, pipes,         THE CARIBBEAN EXPORT STRATEGY COORDINA-
                                                                                                       and any other combustion or heating of to-             TORS.—The President shall designate an indi-
                                               lie on the table; as follows:
                                                                                                       bacco; and                                             vidual to serve as Special Africa Export
                                                 At the appropriate place in subtitle G of                                                                    Strategy Coordinator and an individual to
                                                                                                          ‘‘(B) the use of any electronic nicotine de-
                                               title X, insert the following:                                                                                 serve as Special Latin America and the Car-
                                                                                                       livery system, including electronic or e-ciga-
                                               SEC. 10ll. TREATMENT OF PAYCHECK PROTEC-                                                                       ibbean Export Strategy Coordinator—
                                                                                                       rettes, vape pens, and e-cigars.’’.
                                                          TION PROGRAM LOAN FORGIVENESS
                                                                                                          (2) CLERICAL AMENDMENT.—The table of                  (1) to oversee the development and imple-
                                                          OF PAYROLL COSTS UNDER HIGH-
                                                          WAY AND PUBLIC TRANSPORTATION                sections at the beginning of subchapter II of          mentation of the strategy required by sub-
                                                          PROJECT    COST-REIMBURSEMENT                chapter 17 of such title is amended by strik-          section (a); and
                                                          CONTRACTS.                                   ing the item relating to section 1715 and in-            (2) to coordinate developing and imple-
                                                 (a) IN GENERAL.—Notwithstanding section               serting the following new item:                        menting the strategy with—
                                               31.201–5 of title 48, Code of Federal Regula-           ‘‘1715. Prohibition on smoking in facilities of          (A) the Trade Promotion Coordinating
                                               tions (or successor regulations), for the pur-                          the Veterans Health Adminis-           Committee;
                                               poses of any cost-reimbursement contract                                tration.’’.                              (B) the Assistant United States Trade Rep-
                                               awarded in accordance with section 112 of                  (b) CONFORMING AMENDMENT.—Section 526               resentative for African Affairs or the Assist-
                                               title 23, United States Code, or section 5325           of the Veterans Health Care Act of 1992 (Pub-          ant United States Trade Representative for
                                               of title 49, United States Code, or any sub-            lic Law 102–585; 38 U.S.C. 1715 note) is re-           the Western Hemisphere, as appropriate;
                                               contract under such a contract, no cost re-             pealed.                                                  (C) the Assistant Secretary of State for Af-
                                               duction or cash refund (including through a                                                                    rican Affairs or the Assistant Secretary of
                                               reduced indirect cost rate) shall be due to               SA 5522. Mr. DURBIN (for himself,                    State for Western Hemisphere Affairs, as ap-
                                               the Department of Transportation or to a                Mr. BOOZMAN, Mrs. SHAHEEN, and Mr.                     propriate;
                                               State transportation department, transit                COONS) submitted an amendment in-                        (D) the Export-Import Bank of the United
                                               agency, or other recipient of assistance                                                                       States;
                                                                                                       tended to be proposed to amendment                       (E) the United States International Devel-
                                               under chapter 1 of title 23, United States
                                               Code, or chapter 53 of title 49, United States
                                                                                                       SA 5499 submitted by Mr. REED (for                     opment Finance Corporation; and
                                               Code, on the basis of forgiveness of the pay-           himself and Mr. INHOFE) and intended                     (F) the development agencies.
                                               roll costs of a covered loan (as those terms            to be proposed to the bill H.R. 7900, to                 (c) TRADE MISSIONS TO AFRICA AND LATIN
                                               are defined in section 7A(a) of the Small               authorize appropriations for fiscal year               AMERICA AND THE CARIBBEAN.—It is the sense
                                               Business Act (15 U.S.C. 636m(a))) issued                2023 for military activities of the De-                of Congress that, not later than one year
                                               under the paycheck protection program                   partment of Defense, for military con-                 after the date of the enactment of this Act,
                                               under section 7(a)(36) of that Act (15 U.S.C.           struction, and for defense activities of               the Secretary of Commerce and other high-
                                               636(a)(36)).                                                                                                   level officials of the United States Govern-
                                                                                                       the Department of Energy, to prescribe
                                                 (b) SAVING PROVISION.—Nothing in this sec-                                                                   ment with responsibility for export pro-
                                               tion amends or exempts the prohibitions and             military personnel strengths for such                  motion, financing, and development should
                                               liabilities under section 3729 of title 31,             fiscal year, and for other purposes;                   conduct a joint trade missions to Africa and
                                               United States Code.                                     which was ordered to lie on the table;                 to Latin America and the Caribbean.
                                                 (c) TERMINATION.—This section ceases to be            as follows:                                              (d) TRAINING.—The President shall develop
                                               effective on June 30, 2025.                               At the end of subtitle F of title XII, add           a plan—
                                                                                                       the following:                                           (1) to standardize the training received by
                                                 SA 5521. Mr. DURBIN (for himself,                     SEC. 1276. INVESTMENT, TRADE, AND DEVELOP-             United States and Foreign Commercial Serv-
                                               Mr. BROWN, Mr. CARPER, and Mr.                                      MENT IN AFRICA AND LATIN AMER-             ice officers, economic officers of the Depart-
                                               WYDEN) submitted an amendment in-                                   ICA AND THE CARIBBEAN.                     ment of State, and economic officers of the




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                                               tended to be proposed to amendment                        (a) STRATEGY REQUIRED.—                              United States Agency for International De-
                                               SA 5499 submitted by Mr. REED (for                        (1) IN GENERAL.—The President shall estab-           velopment with respect to the programs and
                                                                                                       lish a comprehensive United States strategy            procedures of the Export-Import Bank of the
                                               himself and Mr. INHOFE) and intended
                                                                                                       for public and private investment, trade, and          United States, the United States Inter-
                                               to be proposed to the bill H.R. 7900, to                development in Africa and Latin America                national Development Finance Corporation,
                                               authorize appropriations for fiscal year                and the Caribbean.                                     the Small Business Administration, and the
                                               2023 for military activities of the De-                   (2) FOCUS OF STRATEGY.—The strategy re-              United States Trade and Development Agen-
                                               partment of Defense, for military con-                  quired by paragraph (1) shall focus on in-             cy; and




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                                               S4920                                             CONGRESSIONAL RECORD — SENATE                                                   September 21, 2022
                                                 (2) to ensure that, not later than one year           REED (for himself and Mr. INHOFE) and                    (b) OBJECTIVES.—The objectives of the Bal-
                                               after the date of the enactment of this Act—            intended to be proposed to the bill H.R.               tic Security Initiative shall be—
                                                 (A) all United States and Foreign Commer-             7900, to authorize appropriations for                    (1) to achieve United States national secu-
                                               cial Service officers that are stationed over-                                                                 rity objectives, including deterring aggres-
                                                                                                       fiscal year 2023 for military activities
                                               seas receive the training described in para-                                                                   sion by the Russian Federation and bol-
                                               graph (1); and                                          of the Department of Defense, for mili-                stering the long-term security of North At-
                                                 (B) in the case of a country to which no              tary construction, and for defense ac-                 lantic Treaty Organization allies;
                                               United States and Foreign Commercial Serv-              tivities of the Department of Energy,                    (2) to enhance regional planning and co-
                                               ice officer is assigned, any economic officer           to    prescribe     military  personnel                operation among the Baltic countries, par-
                                               of the Department of State stationed in that            strengths for such fiscal year, and for                ticularly with respect to long-term regional
                                               country receives that training.                         other purposes; which was ordered to                   capability projects, including—
                                                 (e) DEFINITIONS.—In this section:                                                                              (A) long-range precision fire systems and
                                                                                                       lie on the table; as follows:
                                                 (1) DEVELOPMENT AGENCIES.—The term ‘‘de-                                                                     capabilities;
                                               velopment agencies’’ means the United                    At the end of title XII, add the following:
                                                                                                                                                                (B) integrated air and missile defense;
                                               States Department of State, the United                   Subtitle G—Baltic Defense and Deterrence                (C) maritime domain awareness;
                                               States Agency for International Develop-                SEC. 1281. SHORT TITLE.                                  (D) land forces development, including
                                               ment, the Millennium Challenge Corpora-                  This subtitle may be cited as the ‘‘Baltic            stockpiling large caliber ammunition;
                                               tion, the United States International Devel-            Defense and Deterrence Act’’.                            (E) command, control, communications,
                                               opment Finance Corporation, the United                  SEC. 1282. SENSE OF CONGRESS.                          computers, intelligence, surveillance, and re-
                                               States Trade and Development Agency, the                  It is the sense of Congress that—                    connaissance;
                                               United States Department of Agriculture,                  (1) supporting and strengthening the secu-             (F) special operations forces development;
                                               and relevant multilateral development                   rity of Estonia, Latvia, and Lithuania (re-            and
                                               banks.                                                  ferred to in this Act as the ‘‘Baltic coun-              (G) coordination with and security en-
                                                 (2) MULTILATERAL DEVELOPMENT BANKS.—                  tries’’) is in the national security interests         hancements for Poland, which is a neigh-
                                               The term ‘‘multilateral development banks’’             of the United States;                                  boring North Atlantic Treaty Organization
                                               has the meaning given that term in section                (2) continuing to strengthen and update              ally; and
                                               1701(c)(4) of the International Financial In-           the United States-Baltics security coopera-              (3) to improve the Baltic countries’ cyber
                                               stitutions Act (22 U.S.C. 262r(c)(4)) and in-           tion roadmap is critical to achieving stra-            defenses and resilience to hybrid threats.
                                               cludes the African Development Foundation.              tegic security priorities as the Baltic coun-            (c) STRATEGY.—
                                                 (3) TRADE POLICY STAFF COMMITTEE.—The                 tries face ongoing belligerence and threats              (1) IN GENERAL.—Not later than one year
                                               term ‘‘Trade Policy Staff Committee’’ means             from the Russian Federation, including amid            after the date of the enactment of this Act,
                                               the Trade Policy Staff Committee estab-                 the    Russian     Federation’s   illegal  and         the Secretary of Defense shall submit to
                                               lished pursuant to section 2002.2 of title 15,          unprovoked war in Ukraine that began on                Congress a report setting forth the strategy
                                               Code of Federal Regulations.                            February 24, 2022;                                     of the Department of Defense to achieve the
                                                 (4) TRADE PROMOTION COORDINATING COM-                   (3) the United States should encourage ad-           objectives described in subsection (b).
                                               MITTEE.—The term ‘‘Trade Promotion Co-                  vancement of the Three Seas Initiative to                (2) CONSIDERATIONS.—The strategy required
                                               ordinating Committee’’ means the Trade                  strengthen transport, energy, and digital in-          by paragraph (1) shall include a consider-
                                               Promotion Coordinating Committee estab-                 frastructures among Eastern European coun-             ation of—
                                               lished under section 2312 of the Export En-             tries, including the Baltic countries; and               (A) security assistance programs for the
                                               hancement Act of 1988 (15 U.S.C. 4727).                   (4) improved economic ties between the               Baltic countries managed by the Department
                                                 (5) UNITED STATES AND FOREIGN COMMERCIAL              United States and the Baltic countries, in-            of State;
                                               SERVICE.—The term ‘‘United States and For-              cluding to counter economic pressure by the              (B) the ongoing security threats to the
                                               eign Commercial Service’’ means the United              People’s Republic of China, offer an oppor-            North Atlantic Treaty Organization’s east-
                                               States and Foreign Commercial Service es-               tunity to strengthen the United States-Bal-            ern flank posed by Russian aggression, in-
                                               tablished by section 2301 of the Export En-             tic strategic partnership.                             cluding as a result of the Russian Federa-
                                               hancement Act of 1988 (15 U.S.C. 4721).                 SEC. 1283. BALTIC SECURITY AND ECONOMIC EN-            tion’s 2022 invasion of Ukraine with support
                                                                                                                   HANCEMENT INITIATIVE.                      from Belarus; and
                                                 SA 5523. Mr. DURBIN submitted an                        (a) ESTABLISHMENT.—The Secretary of                    (C) rising tensions with, and presence in
                                               amendment intended to be proposed to                    State shall establish and implement an ini-            the Baltic countries of, the People’s Republic
                                               amendment SA 5499 submitted by Mr.                      tiative, to be known as the ‘‘Baltic Security          of China, including economic bullying of the
                                               REED (for himself and Mr. INHOFE) and                   and Economic Enhancement Initiative’’, for             Baltic countries by the People’s Republic of
                                               intended to be proposed to the bill H.R.                the purpose of increasing security and eco-            China.
                                               7900, to authorize appropriations for                   nomic ties with the Baltic countries.                    (d) AUTHORIZATION OF APPROPRIATIONS.—
                                               fiscal year 2023 for military activities                  (b) OBJECTIVES.—The objectives of the Bal-           There is authorized to be appropriated for
                                                                                                       tic Security and Economic Enhancement Ini-             the Department of Defense, $250,000,000 for
                                               of the Department of Defense, for mili-                                                                        each of fiscal years 2023 through 2027 to carry
                                                                                                       tiative shall be—
                                               tary construction, and for defense ac-                                                                         out the initiative authorized under sub-
                                                                                                         (1) to ensure timely delivery of security as-
                                               tivities of the Department of Energy,                   sistance to the Baltic countries, prioritizing         section (a).
                                               to    prescribe     military  personnel                 assistance to bolster defenses against hybrid
                                               strengths for such fiscal year, and for                 warfare and improve interoperability with                SA 5525. Mr. DURBIN (for himself
                                               other purposes; which was ordered to                    the military forces of the North Atlantic              and Ms. DUCKWORTH) submitted an
                                               lie on the table; as follows:                           Treaty Organization;                                   amendment intended to be proposed to
                                                 At the end of subtitle E of title X, add the            (2) to mitigate the impact on the Baltic             amendment SA 5499 submitted by Mr.
                                               following:                                              countries of economic coercion by the Rus-
                                                                                                                                                              REED (for himself and Mr. INHOFE) and
                                               SEC. 1052. TERMINATION OF AUTHORIZATIONS                sian Federation and the People’s Republic of
                                                                                                       China;                                                 intended to be proposed to the bill H.R.
                                                           FOR THE USE OF MILITARY FORCE
                                                           AND DECLARATIONS OF WAR.                      (3) to identify new opportunities for for-           7900, to authorize appropriations for
                                                 (a) FUTURE AUTHORIZATIONS FOR THE USE                 eign direct investment and United States               fiscal year 2023 for military activities
                                               OF MILITARY FORCE AND DECLARATIONS OF                   business ties; and                                     of the Department of Defense, for mili-
                                               WAR.—Any authorization for the use of mili-               (4) to bolster United States support for the         tary construction, and for defense ac-
                                               tary force or declaration of war enacted into           economic and energy security needs of the              tivities of the Department of Energy,
                                               law after the date of enactment of this Act             Baltic countries, including by convening an            to    prescribe     military  personnel
                                               shall terminate on the date that is 10 years            annual trade forum with the Baltic countries
                                                                                                                                                              strengths for such fiscal year, and for
                                               after the date of enactment of such author-             and the United States International Develop-
                                               ization or declaration.                                 ment Finance Corporation.                              other purposes; which was ordered to
                                                 (b) EXISTING AUTHORIZATIONS FOR THE USE                 (c) AUTHORIZATION OF APPROPRIATIONS.—                lie on the table; as follows:
                                               OF MILITARY FORCE AND DECLARATIONS OF                   There is authorized to be appropriated for               At the end of subtitle D of title I, add the
                                               WAR.—Any authorization for the use of mili-             the Department of State, $60,000,000 for each          following:
                                               tary force or declaration of war enacted be-            of fiscal years 2023 through 2027 to carry out         SEC. 144. PROHIBITION ON USE OF FUNDS FOR




SSpencer on DSK126QN23PROD with SENATE
                                               fore the date of the enactment of this Act              the initiative authorized under subsection                         RETIREMENT OF C–40 AIRCRAFT.
                                               shall terminate on the date that is 6 months            (a).                                                     (a) PROHIBITION.—None of the funds author-
                                               after the date of such enactment.                       SEC. 1284. BALTIC SECURITY INITIATIVE.                 ized to be appropriated by this Act for fiscal
                                                                                                         (a) ESTABLISHMENT.—The Secretary of De-              year 2023 for the Air Force may be obligated
                                                 SA 5524. Mr. DURBIN (for himself                      fense shall establish and implement an ini-            to retire, prepare to retire, or place in stor-
                                               and Mr. GRASSLEY) submitted an                          tiative, to be known as the ‘‘Baltic Security          age or on backup aircraft inventory status
                                               amendment intended to be proposed to                    Initiative’’, for the purpose of deepening se-         any C–40 aircraft.
                                               amendment SA 5499 submitted by Mr.                      curity cooperation with the Baltic countries.            (b) EXCEPTION.—




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S4921
                                                 (1) IN GENERAL.—The prohibition under                 Year 2016 (Public Law 114–92; 129 Stat. 969; 10        amendment SA 5499 submitted by Mr.
                                               subsection (a) shall not apply to an indi-              U.S.C. 801 note) is repealed.                          REED (for himself and Mr. INHOFE) and
                                               vidual C–40 aircraft that the Secretary of the            (b) NOTIFICATION.—Section 308 of the Intel-          intended to be proposed to the bill H.R.
                                               Air Force determines, on a case-by-case                 ligence Authorization Act for Fiscal Year
                                                                                                       2012 (Public Law 112–87; 125 Stat. 1883; 10
                                                                                                                                                              7900, to authorize appropriations for
                                               basis, to be no longer mission capable be-
                                               cause of a Class A mishap.                              U.S.C. 801 note) is repealed.                          fiscal year 2023 for military activities
                                                 (2) CERTIFICATION REQUIRED.—If the Sec-               SEC. 1038. REPEAL OF CHAPTER 47A OF TITLE 10,          of the Department of Defense, for mili-
                                               retary determines under paragraph (1) that                          UNITED STATES CODE.                        tary construction, and for defense ac-
                                               an aircraft is no longer mission capable, the             (a) IN GENERAL.—Subchapters I through VI             tivities of the Department of Energy,
                                               Secretary shall submit to the congressional             and subchapter VIII of chapter 47A of title            to    prescribe     military  personnel
                                               defense committees a certification that the             10, United States Code, are repealed.                  strengths for such fiscal year, and for
                                               status of such aircraft is due to a Class A                (b) CONFORMING AMENDMENTS TO SUB-
                                                                                                                                                              other purposes; which was ordered to
                                               mishap and not due to lack of maintenance               CHAPTER VII.—Subchapter VII of chapter 47A
                                                                                                       of such title is amended—                              lie on the table; as follows:
                                               or repairs or other reasons.
                                                                                                          (1) in section 950d(a)(3), by inserting ‘‘(as in      In the funding table in section 4101, in the
                                                 SA 5526. Mr. DURBIN submitted an                      effect on the day before the date of the en-           item relating to F/A–18E/F (FIGHTER) HOR-
                                                                                                       actment of the National Defense Authoriza-             NET, strike the amount in the Senate Au-
                                               amendment intended to be proposed to
                                                                                                       tion Act for Fiscal Year 2023)’’ after ‘‘of this       thorized column and insert ‘‘756,865’’.
                                               amendment SA 5499 submitted by Mr.                                                                               In the funding table in section 4101, in the
                                               REED (for himself and Mr. INHOFE) and                   title’’;
                                                                                                          (2) in section 950f—                                item relating to Total Aircraft Procurement,
                                               intended to be proposed to the bill H.R.                                                                       Navy, strike the amount in the Senate Au-
                                                                                                          (A) in subsection (b)—
                                               7900, to authorize appropriations for                      (i) in paragraph (2), by inserting ‘‘(as in ef-
                                                                                                                                                              thorized column and insert ‘‘19,125,814’’.
                                               fiscal year 2023 for military activities                                                                         In the funding table in section 4101, in the
                                                                                                       fect on the day before the date of the enact-
                                               of the Department of Defense, for mili-                                                                        item relating to Total Procurement, strike
                                                                                                       ment of the National Defense Authorization             the amount in the Senate Authorized column
                                               tary construction, and for defense ac-                  Act for Fiscal Year 2023)’’ after ‘‘of this            and insert ‘‘158,585,016’’.
                                               tivities of the Department of Energy,                   title’’; and
                                               to    prescribe     military  personnel                    (ii) in paragraph (6)(B), by striking ‘‘sec-          SA 5528. Mr. DURBIN submitted an
                                               strengths for such fiscal year, and for                 tion 949b(b)(4) of this title’’ and inserting          amendment intended to be proposed to
                                               other purposes; which was ordered to                    ‘‘paragraph (7)’’; and
                                                                                                                                                              amendment SA 5499 submitted by Mr.
                                                                                                          (B) by adding at the end the following new
                                               lie on the table; as follows:                                                                                  REED (for himself and Mr. INHOFE) and
                                                                                                       paragraph:
                                                 At the end of subtitle D of title X, add the             ‘‘(7) No appellate military judge on the            intended to be proposed to the bill H.R.
                                               following:                                              United States Court of Military Commission             7900, to authorize appropriations for
                                               SEC. 1035. PROHIBITION ON USE OF FUNDS TO
                                                                                                       Review may be reassigned to other duties,              fiscal year 2023 for military activities
                                                           OPERATE THE DETENTION FACILITY
                                                           AT UNITED STATES NAVAL STATION,             except under circumstances as follows:                 of the Department of Defense, for mili-
                                                           GUANTANAMO BAY, CUBA, AFTER                    ‘‘(A) The appellate military judge volun-           tary construction, and for defense ac-
                                                           SEPTEMBER 30, 2024.                         tarily requests to be reassigned to other du-          tivities of the Department of Energy,
                                                 None of the funds authorized to be appro-             ties and the Secretary of Defense, or the des-
                                                                                                                                                              to    prescribe     military  personnel
                                               priated or otherwise made available by this             ignee of the Secretary, in consultation with
                                                                                                       the Judge Advocate General of the armed                strengths for such fiscal year, and for
                                               Act or any other Act may be used to operate
                                               the detention facility at United States Naval           force of which the appellate military judge is         other purposes; which was ordered to
                                               Station, Guantanamo Bay, Cuba, after Sep-               a member, approves such reassignment.                  lie on the table; as follows:
                                               tember 30, 2024.                                           ‘‘(B) The appellate military judge retires            At the appropriate place in title V, insert
                                               SEC. 1036. REPEAL OF PROHIBITIONS RELATING              or otherwise separates from the armed                  the following:
                                                           TO DETAINEES AT UNITED STATES               forces.                                                SEC. ll. EXTREMIST ACTIVITY BY A MEMBER OF
                                                           NAVAL STATION, GUANTANAMO BAY,                 ‘‘(C) The appellate military judge is reas-                    THE ARMED FORCES: TRANSITION
                                                           CUBA.                                       signed to other duties by the Secretary of                        ASSISTANCE    PROGRAM     COUN-
                                                 (a) USE OF FUNDS FOR TRANSFER OR RE-                  Defense, or the designee of the Secretary, in                     SELING; NOTATION IN SERVICE
                                               LEASE OF INDIVIDUALS DETAINED AT UNITED                                                                                   RECORD.
                                                                                                       consultation with the Judge Advocate Gen-
                                               STATES NAVAL STATION, GUANTANAMO BAY,                   eral of the armed force of which the appel-              (a) TRANSITION ASSISTANCE PROGRAM COUN-
                                               CUBA, TO CERTAIN COUNTRIES.—Section 1035                                                                       SELING.—
                                                                                                       late military judge is a member, based on
                                               of the John S. McCain National Defense Au-              military necessity and such reassignment is              (1) IN GENERAL.—Subsection (b) of section
                                               thorization Act for Fiscal Year 2019 (Public            consistent with service rotation regulations           1142 of title 10, United States Code, is amend-
                                               Law 115–232; 132 Stat. 1954), as most recently          (to the extent such regulations are applica-           ed by adding at the end the following new
                                               amended by section 1032 of the National De-             ble).                                                  paragraph:
                                               fense Authorization Act for Fiscal Year 2022               ‘‘(D) The appellate military judge is with-           ‘‘(20) In the case of a member who has vio-
                                               (Public Law 117–81; 135 Stat. 1901), is re-             drawn by the Secretary of Defense, or the              lated Department of Defense Instruction
                                               pealed.                                                 designee of the Secretary, in consultation             1325.06 (or successor instruction) by partici-
                                                 (b) USE OF FUNDS FOR TRANSFER OR RE-                                                                         pating in extremist activity, in-person coun-
                                                                                                       with the Judge Advocate General of the
                                               LEASE OF INDIVIDUALS DETAINED AT UNITED                                                                        seling, developed by the Secretary of Defense
                                                                                                       armed force of which the appellate military
                                               STATES NAVAL STATION, GUANTANAMO BAY,                                                                          in consultation with the Secretary of Home-
                                                                                                       judge is a member, for good cause consistent
                                               CUBA, TO THE UNITED STATES.—Section 1033                                                                       land Security, that includes—
                                                                                                       with applicable procedures under chapter 47
                                               of the John S. McCain National Defense Au-                                                                       ‘‘(A) efforts to deradicalize the member;
                                                                                                       of this title (the Uniform Code of Military
                                               thorization Act for Fiscal Year 2019 (Public                                                                     ‘‘(B) information regarding why extremist
                                                                                                       Justice).’’;
                                               Law 115–232; 132 Stat. 1953), as most recently                                                                 activity is inconsistent with service in the
                                                                                                          (3) in section 950h(c), by inserting ‘‘(as in
                                               amended by section 1033 of the National De-                                                                    armed forces and with national security;
                                               fense Authorization Act for Fiscal Year 2022            effect on the day before the date of the en-
                                                                                                       actment of the National Defense Authoriza-               ‘‘(C) information regarding the dangers as-
                                               (Public Law 117–81; 135 Stat. 1901), is re-                                                                    sociated with involvement with an extremist
                                               pealed.                                                 tion Act for Fiscal Year 2023)’’ after ‘‘of this
                                                                                                       title’’; and                                           group; and
                                                 (c) USE OF FUNDS TO CONSTRUCT OR MODIFY                                                                        ‘‘(D) methods for the member to recognize
                                               FACILITIES IN THE UNITED STATES TO HOUSE                   (4) by adding at the end the following new
                                                                                                       section:                                               and avoid disinformation.’’.
                                               DETAINEES      TRANSFERRED     FROM    UNITED                                                                    (2) IMPLEMENTATION.—The Secretary of De-
                                               STATES NAVAL STATION, GUANTANAMO BAY,                   ‘‘§ 950k. Definition                                   fense shall complete development of coun-
                                               CUBA.—Section 1034 of the John S. McCain                   ‘‘In this subchapter, the term ‘military            seling provided under paragraph (20) of such
                                               National Defense Authorization Act for Fis-             commission under this chapter’ means a                 subsection, as added by paragraph (1), not
                                               cal Year 2019 (Public Law 115–232; 132 Stat.            military commission under this chapter as in           later than the day that is one year after the
                                               1954), as most recently amended by section              effect on the day before the date of the en-           date of the enactment of this Act. The Sec-
                                               1034 of the National Defense Authorization              actment of the National Defense Authoriza-             retary concerned shall ensure that such
                                               Act for Fiscal Year 2022 (Public Law 117–81;            tion Act for Fiscal Year 2023.’’.                      counseling is carried out on and after that
                                               135 Stat. 1901), is repealed.                              (c) CLERICAL AMENDMENT.—The table of                day.




SSpencer on DSK126QN23PROD with SENATE
                                               SEC. 1037. REPEAL OF CERTAIN REQUIREMENTS               subchapters at the beginning of chapter 47A              (b) SERVICE RECORD.—In the case of a mem-
                                                           FOR CERTIFICATIONS AND NOTIFI-              of such title is amended by striking the               ber of the Armed Forces who has violated
                                                           CATIONS RELATING TO TRANSFER                items relating to subchapters I through VI
                                                           OF DETAINEES AT UNITED STATES                                                                      Department of Defense Instruction 1325.06 (or
                                                           NAVAL STATION, GUANTANAMO BAY,
                                                                                                       and subchapter VIII.                                   successor instruction) by participating in ex-
                                                           CUBA, TO FOREIGN COUNTRIES AND                                                                     tremist activity, the Secretary concerned
                                                           OTHER FOREIGN ENTITIES.                       SA 5527. Mr. DURBIN (for himself                     shall ensure that the commanding officer of
                                                 (a) CERTIFICATION.—Section 1034 of the Na-            and Mr. BLUNT) submitted an amend-                     the member notes the violation in the serv-
                                               tional Defense Authorization Act for Fiscal             ment intended to be proposed to                        ice record of the member.




                                         VerDate Sep 11 2014   05:31 Sep 22, 2022   Jkt 029060   PO 00000   Frm 00043   Fmt 4624   Sfmt 0634   E:\CR\FM\A21SE6.031   S21SEPT1
                                               S4922                                             CONGRESSIONAL RECORD — SENATE                                                     September 21, 2022
                                                 (c) SECRETARY CONCERNED DEFINED.—In                   SEC. 5103. PERMANENT RESIDENT STATUS ON A                offense to determine whether, under the par-
                                               this section, the term ‘‘Secretary concerned’’                      CONDITIONAL BASIS FOR CERTAIN                ticular circumstances, the Secretary deter-
                                               has the meaning given that term in section                          LONG-TERM RESIDENTS WHO EN-
                                                                                                                                                                mines that the alien should be eligible for
                                                                                                                   TERED THE UNITED STATES AS
                                               101(a) of title 10, United States Code.                             CHILDREN.                                    cancellation of removal, adjustment to per-
                                                                     ---                                                                                        manent resident status on a conditional
                                                                                                         (a) CONDITIONAL BASIS FOR STATUS.—Not-
                                                                                                                                                                basis, or other adjustment of status.
                                                 SA 5529. Mr. DURBIN submitted an                      withstanding any other provision of law, an
                                                                                                                                                                   (4) DACA RECIPIENTS.—Secretary shall can-
                                               amendment intended to be proposed to                    alien shall be considered, at the time of ob-
                                                                                                                                                                cel the removal of, and adjust to the status
                                                                                                       taining the status of an alien lawfully admit-
                                               amendment SA 5499 submitted by Mr.                      ted for permanent residence under this sec-
                                                                                                                                                                of an alien lawfully admitted for permanent
                                               REED (for himself and Mr. INHOFE) and                                                                            residence on a conditional basis, an alien
                                                                                                       tion, to have obtained such status on a con-
                                               intended to be proposed to the bill H.R.                                                                         who was granted DACA unless the alien has
                                                                                                       ditional basis subject to the provisions under
                                               7900, to authorize appropriations for                                                                            engaged in conduct since the alien was
                                                                                                       this title.
                                                                                                                                                                granted DACA that would make the alien in-
                                               fiscal year 2023 for military activities                  (b) REQUIREMENTS.—
                                                                                                                                                                eligible for DACA.
                                               of the Department of Defense, for mili-                   (1) IN GENERAL.—Notwithstanding any
                                                                                                                                                                   (5) APPLICATION FEE.—
                                               tary construction, and for defense ac-                  other provision of law, the Secretary shall                 (A) IN GENERAL.—The Secretary may re-
                                                                                                       cancel the removal of, and adjust to the sta-
                                               tivities of the Department of Energy,                                                                            quire an alien applying for permanent resi-
                                                                                                       tus of an alien lawfully admitted for perma-             dent status on a conditional basis under this
                                               to    prescribe     military  personnel                 nent residence on a conditional basis, an
                                               strengths for such fiscal year, and for                                                                          section to pay a reasonable fee that is com-
                                                                                                       alien who is inadmissible or deportable from             mensurate with the cost of processing the
                                               other purposes; which was ordered to                    the United States or is in temporary pro-                application.
                                               lie on the table; as follows:                           tected status under section 244 of the Immi-                (B) EXEMPTION.—An applicant may be ex-
                                                                                                       gration and Nationality Act (8 U.S.C. 1254a),            empted from paying the fee required under
                                                 At the end, add the following:
                                                                                                       if—                                                      subparagraph (A) if the alien—
                                                         DIVISION E—DREAM ACT                            (A) the alien has been continuously phys-                 (i)(I) is younger than 18 years of age;
                                                                                                       ically present in the United States since the               (II) received total income, during the 12-
                                                           TITLE LI—DREAM ACT                          date that is 4 years before the date of the en-          month period immediately preceding the
                                               SEC. 5101. SHORT TITLE.                                 actment of this Act;                                     date on which the alien files an application
                                                                                                         (B) the alien was younger than 18 years of             under this section, that is less than 150 per-
                                                This title may be cited as the ‘‘Dream                 age on the date on which the alien initially             cent of the poverty line; and
                                               Act’’.                                                  entered the United States;                                  (III) is in foster care or otherwise lacking
                                               SEC. 5102. DEFINITIONS.                                   (C) subject to paragraphs (2) and (3), the             any parental or other familial support;
                                                                                                       alien—                                                      (ii) is younger than 18 years of age and is
                                                 In this title:                                          (i) is not inadmissible under paragraph (2),           homeless;
                                                 (1) IN GENERAL.—Except as otherwise spe-              (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D)      (iii)(I) cannot care for himself or herself
                                               cifically provided, any term used in this title         of section 212(a) of the Immigration and Na-             because of a serious, chronic disability; and
                                               that is used in the immigration laws shall              tionality Act (8 U.S.C. 1182(a));                           (II) received total income, during the 12-
                                               have the meaning given such term in the im-               (ii) has not ordered, incited, assisted, or            month period immediately preceding the
                                               migration laws.                                         otherwise participated in the persecution of             date on which the alien files an application
                                                 (2) DACA.—The term ‘‘DACA’’ means de-                 any person on account of race, religion, na-             under this section, that is less than 150 per-
                                               ferred action granted to an alien pursuant to           tionality, membership in a particular social             cent of the poverty line; or
                                               the Deferred Action for Childhood Arrivals              group, or political opinion; and                            (iv)(I) during the 12-month period imme-
                                               program announced by President Obama on                   (iii) has not been convicted of—                       diately preceding the date on which the alien
                                               June 15, 2012.                                            (I) any offense under Federal or State law,            files an application under this section, accu-
                                                 (3) DISABILITY.—The term ‘‘disability’’ has           other than a State offense for which an es-              mulated $10,000 or more in debt as a result of
                                               the meaning given such term in section 3(1)             sential element is the alien’s immigration               unreimbursed medical expenses incurred by
                                               of the Americans with Disabilities Act of               status, that is punishable by a maximum                  the alien or an immediate family member of
                                               1990 (42 U.S.C. 12102(1)).                              term of imprisonment of more than 1 year;                the alien; and
                                                 (4) EARLY CHILDHOOD EDUCATION PRO-                    or                                                          (II) received total income, during the 12-
                                               GRAM.—The term ‘‘early childhood education                (II) 3 or more offenses under Federal or               month period immediately preceding the
                                               program’’ has the meaning given such term               State law, other than State offenses for                 date on which the alien files an application
                                               in section 103 of the Higher Education Act of           which an essential element is the alien’s im-            under this section, that is less than 150 per-
                                               1965 (20 U.S.C. 1003).                                  migration status, for which the alien was                cent of the poverty line.
                                                 (5) ELEMENTARY SCHOOL; HIGH SCHOOL; SEC-              convicted on different dates for each of the 3              (6) SUBMISSION OF BIOMETRIC AND BIO-
                                               ONDARY SCHOOL.—The terms ‘‘elementary                   offenses and imprisoned for an aggregate of              GRAPHIC DATA.—The Secretary may not grant
                                               school’’, ‘‘high school’’, and ‘‘secondary              90 days or more; and                                     an alien permanent resident status on a con-
                                               school’’ have the meanings given such terms               (D) the alien—                                         ditional basis under this section unless the
                                               in section 8101 of the Elementary and Sec-                (i) has been admitted to an institution of             alien submits biometric and biographic data,
                                               ondary Education Act of 1965 (20 U.S.C. 7801).          higher education;                                        in accordance with procedures established by
                                                 (6) IMMIGRATION LAWS.—The term ‘‘immi-                  (ii) has earned a high school diploma or a             the Secretary. The Secretary shall provide
                                               gration laws’’ has the meaning given such               commensurate alternative award from a pub-               an alternative procedure for aliens who are
                                               term in section 101(a)(17) of the Immigration           lic or private high school, or has obtained a            unable to provide such biometric or bio-
                                               and Nationality Act (8 U.S.C. 1101(a)(17)).             general education development certificate                graphic data because of a physical impair-
                                                 (7) INSTITUTION OF HIGHER EDUCATION.—The              recognized under State law or a high school              ment.
                                               term ‘‘institution of higher education’’—               equivalency diploma in the United States; or                (7) BACKGROUND CHECKS.—
                                                 (A) except as provided in subparagraph (B),             (iii) is enrolled in secondary school or in an            (A)      REQUIREMENT      FOR    BACKGROUND
                                               has the meaning given such term in section              education program assisting students in—                 CHECKS.—The Secretary shall utilize biomet-
                                               102 of the Higher Education Act of 1965 (20               (I) obtaining a regular high school diploma            ric, biographic, and other data that the Sec-
                                               U.S.C. 1002); and                                       or its recognized equivalent under State law;            retary determines appropriate—
                                                 (B) does not include an institution of high-          or                                                          (i) to conduct security and law enforce-
                                               er education outside of the United States.                (II) in passing a general educational devel-           ment background checks of an alien seeking
                                                 (8) PERMANENT RESIDENT STATUS ON A CON-               opment exam, a high school equivalence di-               permanent resident status on a conditional
                                               DITIONAL BASIS.—The term ‘‘permanent resi-              ploma examination, or other similar State-               basis under this section; and
                                               dent status on a conditional basis’’ means              authorized exam.                                            (ii) to determine whether there is any
                                               status as an alien lawfully admitted for per-             (2) WAIVER.—With respect to any benefit                criminal, national security, or other factor
                                               manent residence on a conditional basis                 under this title, the Secretary may waive                that would render the alien ineligible for
                                               under this title.                                       the grounds of inadmissibility under para-               such status.
                                                 (9) POVERTY LINE.—The term ‘‘poverty                  graph (2), (6)(E), (6)(G), or (10)(D) of section            (B) COMPLETION OF BACKGROUND CHECKS.—
                                               line’’ has the meaning given such term in               212(a) of the Immigration and Nationality                The security and law enforcement back-
                                               section 673 of the Community Services Block             Act (8 U.S.C. 1182(a)) for humanitarian pur-             ground checks of an alien required under




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                                               Grant Act (42 U.S.C. 9902).                             poses or family unity or if the waiver is oth-           subparagraph (A) shall be completed, to the
                                                 (10) SECRETARY.—Except as otherwise spe-              erwise in the public interest.                           satisfaction of the Secretary, before the date
                                               cifically provided, the term ‘‘Secretary’’                (3) TREATMENT OF EXPUNGED CONVICTIONS.—                on which the Secretary grants such alien
                                               means the Secretary of Homeland Security.               An expunged conviction shall not automati-               permanent resident status on a conditional
                                                 (11) UNIFORMED SERVICES.—The term ‘‘Uni-              cally be treated as an offense under para-               basis under this section.
                                               formed Services’’ has the meaning given the             graph (1). The Secretary shall evaluate ex-                 (8) MEDICAL EXAMINATION.—
                                               term ‘‘uniformed services’’ in section 101(a)           punged convictions on a case-by-case basis                  (A) REQUIREMENT.—An alien applying for
                                               of title 10, United States Code.                        according to the nature and severity of the              permanent resident status on a conditional




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                       S4923
                                               basis under this section shall undergo a med-             (D) LIFT OF STAY.—The Secretary or Attor-               (B) has not abandoned the alien’s residence
                                               ical examination.                                       ney General may not lift the stay granted to           in the United States; and
                                                  (B) POLICIES AND PROCEDURES.—The Sec-                an alien under subparagraph (A) unless the                (C)(i) has acquired a degree from an insti-
                                               retary, with the concurrence of the Sec-                alien ceases to meet the requirements under            tution of higher education or has completed
                                               retary of Health and Human Services, shall              such subparagraph.                                     at least 2 years, in good standing, in a pro-
                                               prescribe policies and procedures for the na-             (e) EXEMPTION FROM NUMERICAL LIMITA-                 gram for a bachelor’s degree or higher degree
                                               ture and timing of the examination required             TIONS.—Nothing in this section or in any               in the United States;
                                               under subparagraph (A).                                 other law may be construed to apply a nu-                 (ii) has served in the Uniformed Services
                                                  (9) MILITARY SELECTIVE SERVICE.—An alien             merical limitation on the number of aliens             for at least 2 years and, if discharged, re-
                                               applying for permanent resident status on a             who may be granted permanent resident sta-             ceived an honorable discharge; or
                                               conditional basis under this section shall es-          tus on a conditional basis under this title.              (iii) has been employed for periods totaling
                                               tablish that the alien has registered under             SEC. 5104. TERMS OF PERMANENT RESIDENT                 at least 3 years and at least 75 percent of the
                                               the Military Selective Service Act (50 U.S.C.                      STATUS ON A CONDITIONAL BASIS.              time that the alien has had a valid employ-
                                               3801 et seq.), if the alien is subject to reg-            (a) PERIOD OF STATUS.—Permanent resi-                ment authorization, except that any period
                                               istration under such Act.                               dent status on a conditional basis is—                 during which the alien is not employed while
                                                  (c) DETERMINATION OF CONTINUOUS PRES-                  (1) valid for a period of 8 years, unless such       having a valid employment authorization
                                               ENCE.—                                                  period is extended by the Secretary; and               and is enrolled in an institution of higher
                                                  (1) TERMINATION OF CONTINUOUS PERIOD.—                 (2) subject to termination under subsection          education, a secondary school, or an edu-
                                               Any period of continuous physical presence              (c).                                                   cation       program    described   in    section
                                               in the United States of an alien who applies              (b) NOTICE OF REQUIREMENTS.—At the time              5103(b)(1)(D)(iii), shall not count toward the
                                               for permanent resident status on a condi-               an alien obtains permanent resident status             time requirements under this clause.
                                               tional basis under this section shall not ter-          on a conditional basis, the Secretary shall               (2) HARDSHIP EXCEPTION.—The Secretary
                                               minate when the alien is served a notice to             provide notice to the alien regarding the pro-         shall remove the conditional basis of an
                                               appear under section 239(a) of the Immigra-             visions of this title and the requirements to          alien’s permanent resident status and grant
                                               tion and Nationality Act (8 U.S.C. 1229(a)).            have the conditional basis of such status re-          the alien status as an alien lawfully admit-
                                                  (2) TREATMENT OF CERTAIN BREAKS IN PRES-             moved.                                                 ted for permanent residence if the alien—
                                               ENCE.—                                                    (c) TERMINATION OF STATUS.—The Sec-                     (A) satisfies the requirements under sub-
                                                  (A) IN GENERAL.—Except as provided in                retary may terminate the permanent resi-               paragraphs (A) and (B) of paragraph (1);
                                               subparagraphs (B) and (C), an alien shall be            dent status on a conditional basis of an alien            (B)      demonstrates      compelling      cir-
                                               considered to have failed to maintain contin-           only if the Secretary—                                 cumstances for the inability to satisfy the
                                               uous physical presence in the United States               (1) determines that the alien ceases to              requirements under subparagraph (C) of such
                                               under subsection (b)(1)(A) if the alien has de-         meet the requirements under paragraph                  paragraph; and
                                               parted from the United States for any period            (1)(C) of section 5103(b), subject to para-               (C) demonstrates that—
                                               exceeding 90 days or for any periods, in the            graphs (2) and (3) of that section; and                   (i) the alien has a disability;
                                               aggregate, exceeding 180 days.                            (2) prior to the termination, provides the              (ii) the alien is a full-time caregiver of a
                                                  (B) EXTENSIONS FOR EXTENUATING CIR-                  alien—                                                 minor child; or
                                               CUMSTANCES.—The Secretary may extend the                  (A) notice of the proposed termination; and             (iii) the removal of the alien from the
                                               time periods described in subparagraph (A)                (B) the opportunity for a hearing to pro-            United States would result in extreme hard-
                                               for an alien who demonstrates that the fail-            vide evidence that the alien meets such re-            ship to the alien or the alien’s spouse, par-
                                               ure to timely return to the United States               quirements or otherwise contest the termi-             ent, or child who is a national of the United
                                               was due to extenuating circumstances be-                nation.                                                States or is lawfully admitted for permanent
                                               yond the alien’s control, including the seri-             (d) RETURN TO PREVIOUS IMMIGRATION STA-
                                                                                                                                                              residence.
                                               ous illness of the alien, or death or serious           TUS.—
                                                                                                                                                                 (3) CITIZENSHIP REQUIREMENT.—
                                               illness of a parent, grandparent, sibling, or             (1) IN GENERAL.—Except as provided in
                                                                                                                                                                 (A) IN GENERAL.—Except as provided in
                                               child of the alien.                                     paragraph (2), an alien whose permanent
                                                                                                                                                              subparagraph (B), the conditional basis of an
                                                  (C) TRAVEL AUTHORIZED BY THE SEC-                    resident status on a conditional basis expires
                                                                                                                                                              alien’s permanent resident status granted
                                               RETARY.—Any period of travel outside of the             under subsection (a)(1) or is terminated
                                                                                                                                                              under this title may not be removed unless
                                               United States by an alien that was author-              under subsection (c) or whose application for
                                                                                                                                                              the alien demonstrates that the alien satis-
                                               ized by the Secretary may not be counted to-            such status is denied shall return to the im-
                                                                                                                                                              fies the requirements under section 312(a) of
                                               ward any period of departure from the                   migration status that the alien had imme-
                                                                                                                                                              the Immigration and Nationality Act (8
                                               United States under subparagraph (A).                   diately before receiving permanent resident
                                                  (d) LIMITATION ON REMOVAL OF CERTAIN                                                                        U.S.C. 1423(a)).
                                                                                                       status on a conditional basis or applying for
                                               ALIENS.—                                                                                                          (B) EXCEPTION.—Subparagraph (A) shall
                                                                                                       such status, as appropriate.
                                                  (1) IN GENERAL.—The Secretary or the At-                                                                    not apply to an alien who is unable to meet
                                                                                                         (2) SPECIAL RULE FOR TEMPORARY PRO-
                                               torney General may not remove an alien who                                                                     the requirements under such section 312(a)
                                                                                                       TECTED STATUS.—An alien whose permanent
                                               appears prima facie eligible for relief under                                                                  due to disability.
                                                                                                       resident status on a conditional basis expires
                                               this section.                                                                                                     (4) APPLICATION FEE.—
                                                                                                       under subsection (a)(1) or is terminated
                                                  (2) ALIENS SUBJECT TO REMOVAL.—The Sec-                                                                        (A) IN GENERAL.—The Secretary may re-
                                                                                                       under subsection (c) or whose application for
                                               retary shall provide a reasonable oppor-                                                                       quire aliens applying for lawful permanent
                                                                                                       such status is denied and who had temporary
                                               tunity to apply for relief under this section                                                                  resident status under this section to pay a
                                                                                                       protected status under section 244 of the Im-
                                               to any alien who requests such an oppor-                                                                       reasonable fee that is commensurate with
                                                                                                       migration and Nationality Act (8 U.S.C.
                                               tunity or who appears prima facie eligible                                                                     the cost of processing the application.
                                                                                                       1254a) immediately before receiving or apply-
                                               for relief under this section if the alien is in                                                                  (B) EXEMPTION.—An applicant may be ex-
                                                                                                       ing for such permanent resident status on a
                                               removal proceedings, is the subject of a final                                                                 empted from paying the fee required under
                                                                                                       conditional basis, as appropriate, may not
                                               removal order, or is the subject of a vol-                                                                     subparagraph (A) if the alien—
                                                                                                       return to such temporary protected status
                                               untary departure order.                                                                                           (i)(I) is younger than 18 years of age;
                                                                                                       if—
                                                  (3) CERTAIN ALIENS ENROLLED IN ELEMEN-                                                                         (II) received total income, during the 12-
                                                                                                         (A) the relevant designation under section
                                               TARY OR SECONDARY SCHOOL.—                                                                                     month period immediately preceding the
                                                                                                       244(b) of the Immigration and Nationality
                                                  (A) STAY OF REMOVAL.—The Attorney Gen-                                                                      date on which the alien files an application
                                                                                                       Act (8 U.S.C. 1254a(b)) has been terminated;
                                               eral shall stay the removal proceedings of an                                                                  under this section, that is less than 150 per-
                                                                                                       or
                                               alien who—                                                                                                     cent of the poverty line; and
                                                  (i) meets all the requirements under sub-              (B) the Secretary determines that the rea-
                                                                                                                                                                 (III) is in foster care or otherwise lacking
                                               paragraphs (A), (B), and (C) of subsection              son for terminating the permanent resident
                                                                                                                                                              any parental or other familial support;
                                               (b)(1), subject to paragraphs (2) and (3) of            status on a conditional basis renders the
                                                                                                                                                                 (ii) is younger than 18 years of age and is
                                               such subsection;                                        alien ineligible for such temporary protected
                                                                                                                                                              homeless;
                                                  (ii) is at least 5 years of age; and                 status.
                                                                                                                                                                 (iii)(I) cannot care for himself or herself
                                                  (iii) is enrolled in an elementary school, a         SEC. 5105. REMOVAL OF CONDITIONAL BASIS OF
                                                                                                                                                              because of a serious, chronic disability; and
                                               secondary school, or an early childhood edu-                        PERMANENT RESIDENT STATUS.
                                                                                                                                                                 (II) received total income, during the 12-
                                               cation program.                                           (a) ELIGIBILITY FOR REMOVAL OF CONDI-                month period immediately preceding the
                                                  (B) COMMENCEMENT OF REMOVAL PRO-                     TIONAL BASIS.—                                         date on which the alien files an application
                                               CEEDINGS.—The Secretary may not com-                      (1) IN GENERAL.—Subject to paragraph (2),




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                                                                                                                                                              under this section, that is less than 150 per-
                                               mence removal proceedings for an alien de-              the Secretary shall remove the conditional             cent of the poverty line; or
                                               scribed in subparagraph (A).                            basis of an alien’s permanent resident status             (iv)(I) during the 12-month period imme-
                                                  (C) EMPLOYMENT.—An alien whose removal               granted under this title and grant the alien           diately preceding the date on which the alien
                                               is stayed pursuant to subparagraph (A) or               status as all alien lawfully admitted for per-         files an application under this section, the
                                               who may not be placed in removal pro-                   manent residence if the alien—                         alien accumulated $10,000 or more in debt as
                                               ceedings pursuant to subparagraph (B) shall,              (A) is described in paragraph (1)(C) of sec-         a result of unreimbursed medical expenses
                                               upon application to the Secretary, be grant-            tion 5103(b), subject to paragraphs (2) and (3)        incurred by the alien or an immediate family
                                               ed an employment authorization document.                of that section;                                       member of the alien; and




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                                               S4924                                             CONGRESSIONAL RECORD — SENATE                                                  September 21, 2022
                                                 (II) received total income, during the 12-              (3) records of service from the Uniformed            higher education in the United States, the
                                               month period immediately preceding the                  Services;                                              alien shall submit to the Secretary a di-
                                               date on which the alien files an application              (4) official records from a religious entity         ploma or other document from the institu-
                                               under this section, that is less than 150 per-          confirming the alien’s participation in a reli-        tion stating that the alien has received such
                                               cent of the poverty line.                               gious ceremony;                                        a degree.
                                                 (5) SUBMISSION OF BIOMETRIC AND BIO-                    (5) passport entries;                                  (f) DOCUMENTS ESTABLISHING RECEIPT OF
                                               GRAPHIC DATA.—The Secretary may not re-                   (6) a birth certificate for a child who was          HIGH SCHOOL DIPLOMA, GENERAL EDU-
                                               move the conditional basis of an alien’s per-           born in the United States;                             CATIONAL DEVELOPMENT CERTIFICATE, OR A
                                               manent resident status unless the alien sub-              (7) automobile license receipts or registra-         RECOGNIZED EQUIVALENT.—To establish that
                                               mits biometric and biographic data, in ac-              tion;                                                  an alien has earned a high school diploma or
                                               cordance with procedures established by the               (8) deeds, mortgages, or rental agreement            a commensurate alternative award from a
                                               Secretary. The Secretary shall provide an al-           contracts;                                             public or private high school, or has obtained
                                               ternative procedure for applicants who are                (9) tax receipts;                                    a general educational development certifi-
                                               unable to provide such biometric data be-                 (10) insurance policies;                             cate recognized under State law or a high
                                               cause of a physical impairment.                           (11) remittance records;                             school equivalency diploma in the United
                                                 (6) BACKGROUND CHECKS.—                                 (12) rent receipts or utility bills bearing          States, the alien shall submit to the Sec-
                                                 (A)     REQUIREMENT       FOR   BACKGROUND            the alien’s name or the name of an imme-               retary—
                                               CHECKS.—The Secretary shall utilize biomet-             diate family member of the alien, and the                (1) a high school diploma, certificate of
                                               ric, biographic, and other data that the Sec-           alien’s address;                                       completion, or other alternate award;
                                               retary determines appropriate—                            (13) copies of money order receipts for                (2) a high school equivalency diploma or
                                                 (i) to conduct security and law enforce-              money sent in or out of the United States;             certificate recognized under State law; or
                                               ment background checks of an alien apply-                 (14) dated bank transactions; or                       (3) evidence that the alien passed a State-
                                               ing for removal of the conditional basis of               (15) 2 or more sworn affidavits from indi-           authorized exam, including the general edu-
                                               the alien’s permanent resident status; and              viduals who are not related to the alien who           cational development exam, in the United
                                                 (ii) to determine whether there is any                have direct knowledge of the alien’s contin-           States.
                                               criminal, national security, or other factor            uous physical presence in the United States,             (g) DOCUMENTS ESTABLISHING ENROLLMENT
                                               that would render the alien ineligible for re-          that contain—                                          IN AN EDUCATIONAL PROGRAM.—To establish
                                               moval of such conditional basis                           (A) the name, address, and telephone num-            that an alien is enrolled in any school or
                                                 (B) COMPLETION OF BACKGROUND CHECKS.—                 ber of the affiant; and                                education program described in section
                                               The security and law enforcement back-                    (B) the nature and duration of the relation-         5103(b)(1)(D)(iii),    5103(d)(3)(A)(iii),   or
                                               ground checks of an alien required under                ship between the affiant and the alien.                5105(a)(1)(C), the alien shall submit school
                                               subparagraph (A) shall be completed, to the               (c)    DOCUMENTS      ESTABLISHING     INITIAL       records from the United States school that
                                               satisfaction of the Secretary, before the date          ENTRY INTO THE UNITED STATES.—To estab-                the alien is currently attending that in-
                                               on which the Secretary removes the condi-               lish under section 5103(b)(1)(B) that an alien         clude—
                                               tional basis of the alien’s permanent resident          was younger than 18 years of age on the date             (1) the name of the school; and
                                               status.                                                 on which the alien initially entered the                 (2) the alien’s name, periods of attendance,
                                                 (b) TREATMENT FOR PURPOSES OF NATU-                   United States, an alien may submit docu-               and current grade or educational level.
                                               RALIZATION.—                                            ments to the Secretary, including—                       (h) DOCUMENTS ESTABLISHING EXEMPTION
                                                 (1) IN GENERAL.—For purposes of title III of            (1) an admission stamp on the alien’s pass-          FROM APPLICATION FEES.—To establish that
                                               the Immigration and Nationality Act (8                  port;                                                  an alien is exempt from an application fee
                                               U.S.C. 1401 et seq.), an alien granted perma-             (2) records from any educational institu-            under section 5103(b)(5)(B) or 5105(a)(4)(B),
                                               nent resident status on a conditional basis             tion the alien has attended in the United              the alien shall submit to the Secretary the
                                               shall be considered to have been admitted to            States;                                                following relevant documents:
                                               the United States, and be present in the                  (3) any document from the Department of                (1) DOCUMENTS TO ESTABLISH AGE.—To es-
                                               United States, as an alien lawfully admitted            Justice or the Department of Homeland Se-              tablish that an alien meets an age require-
                                               for permanent residence.                                curity stating the alien’s date of entry into          ment, the alien shall provide proof of iden-
                                                 (2) LIMITATION ON APPLICATION FOR NATU-
                                                                                                       the United States;                                     tity, as described in subsection (a), that es-
                                               RALIZATION.—An alien may not apply for nat-
                                                                                                         (4) hospital or medical records showing              tablishes that the alien is younger than 18
                                               uralization while the alien is in permanent             medical treatment or hospitalization, the
                                               resident status on a conditional basis.                                                                        years of age.
                                                                                                       name of the medical facility or physician,               (2) DOCUMENTS TO ESTABLISH INCOME.—To
                                               SEC. 5106. DOCUMENTATION REQUIREMENTS.
                                                                                                       and the date of the treatment or hospitaliza-          establish the alien’s income, the alien shall
                                                 (a) DOCUMENTS ESTABLISHING IDENTITY.—                 tion;                                                  provide—
                                               An alien’s application for permanent resi-                (5) rent receipts or utility bills bearing the         (A) employment records that have been
                                               dent status on a conditional basis may in-              alien’s name or the name of an immediate               maintained by the Social Security Adminis-
                                               clude, as proof of identity—                            family member of the alien, and the alien’s            tration, the Internal Revenue Service, or any
                                                 (1) a passport or national identity docu-
                                                                                                       address;                                               other Federal, State, or local government
                                               ment from the alien’s country of origin that              (6) employment records that include the              agency;
                                               includes the alien’s name and the alien’s               employer’s name and contact information;                 (B) bank records; or
                                               photograph or fingerprint;                                (7) official records from a religious entity           (C) at least 2 sworn affidavits from individ-
                                                 (2) the alien’s birth certificate and an iden-
                                                                                                       confirming the alien’s participation in a reli-        uals who are not related to the alien and who
                                               tity card that includes the alien’s name and
                                                                                                       gious ceremony;                                        have direct knowledge of the alien’s work
                                               photograph;
                                                 (3) a school identification card that in-               (8) a birth certificate for a child who was          and income that contain—
                                               cludes the alien’s name and photograph, and             born in the United States;                               (i) the name, address, and telephone num-
                                                                                                         (9) automobile license receipts or registra-         ber of the affiant; and
                                               school records showing the alien’s name and
                                                                                                       tion;                                                    (ii) the nature and duration of the relation-
                                               that the alien is or was enrolled at the
                                                                                                         (10) deeds, mortgages, or rental agreement           ship between the affiant and the alien.
                                               school;
                                                 (4) a Uniformed Services identification               contracts;                                               (3) DOCUMENTS TO ESTABLISH FOSTER CARE,
                                               card issued by the Department of Defense;                 (11) tax receipts;                                   LACK OF FAMILIAL SUPPORT, HOMELESSNESS,
                                                 (5) any immigration or other document                   (12) travel records;                                 OR SERIOUS, CHRONIC DISABILITY.—To estab-
                                               issued by the United States Government                    (13) copies of money order receipts sent in          lish that the alien was in foster care, lacks
                                               bearing the alien’s name and photograph; or             or out of the country;                                 parental or familial support, is homeless, or
                                                 (6) a State-issued identification card bear-            (14) dated bank transactions;                        has a serious, chronic disability, the alien
                                               ing the alien’s name and photograph.                      (15) remittance records; or                          shall provide at least 2 sworn affidavits from
                                                 (b) DOCUMENTS ESTABLISHING CONTINUOUS                   (16) insurance policies.                             individuals who are not related to the alien
                                               PHYSICAL PRESENCE IN THE UNITED STATES.—                  (d) DOCUMENTS ESTABLISHING ADMISSION TO              and who have direct knowledge of the cir-
                                               To establish that an alien has been continu-            AN INSTITUTION OF HIGHER EDUCATION.—To                 cumstances that contain—
                                               ously physically present in the United                  establish that an alien has been admitted to             (A) a statement that the alien is in foster
                                               States,     as     required     under    section        an institution of higher education, the alien          care, otherwise lacks any parental or other
                                               5103(b)(1)(A), or to establish that an alien has        shall submit to the Secretary a document               familiar support, is homeless, or has a seri-
                                                                                                       from the institution of higher education cer-          ous, chronic disability, as appropriate;




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                                               not abandoned residence in the United
                                               States,     as     required     under    section        tifying that the alien—                                  (B) the name, address, and telephone num-
                                               5105(a)(1)(B), the alien may submit docu-                 (1) has been admitted to the institution; or         ber of the affiant; and
                                               ments to the Secretary, including—                        (2) is currently enrolled in the institution           (C) the nature and duration of the relation-
                                                 (1) employment records that include the               as a student.                                          ship between the affiant and the alien.
                                               employer’s name and contact information;                  (e) DOCUMENTS ESTABLISHING RECEIPT OF A                (4) DOCUMENTS TO ESTABLISH UNPAID MED-
                                                 (2) records from any educational institu-             DEGREE FROM AN INSTITUTION OF HIGHER                   ICAL EXPENSE.—To establish that the alien
                                               tion the alien has attended in the United               EDUCATION.—To establish that an alien has              has debt as a result of unreimbursed medical
                                               States;                                                 acquired a degree from an institution of               expenses, the alien shall provide receipts or




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S4925
                                               other documentation from a medical pro-                 tively for the relief available under section          SEC. 606. ACCESS TO PAY AND BENEFITS FOR
                                               vider that—                                             5103 without being placed in removal pro-                         MEMBERS OF NATIONAL GUARD
                                                                                                                                                                         AND RESERVE COMPONENTS WHILE
                                                 (A) bear the provider’s name and address;             ceedings.
                                                                                                                                                                         REQUESTS FOR RELIGIOUS AND
                                                 (B) bear the name of the individual receiv-             (b)    INTERIM     REGULATIONS.—Notwith-                        HEALTH ACCOMMODATIONS ARE
                                               ing treatment; and                                      standing section 553 of title 5, United States                    PENDING.
                                                 (C) document that the alien has accumu-               Code, the regulations published pursuant to              A member of the National Guard or an-
                                               lated $10,000 or more in debt in the past 12            subsection (a) shall be effective, on an in-           other reserve component of the Armed
                                               months as a result of unreimbursed medical              terim basis, immediately upon publication in           Forces shall maintain access to pay and ben-
                                               expenses incurred by the alien or an imme-              the Federal Register, but may be subject to            efits while a request of the member for a re-
                                               diate family member of the alien.                       change and revision after public notice and            ligious or health accommodation is pending.
                                                 (i) DOCUMENTS ESTABLISHING QUALIFICATION              opportunity for a period of public comment.
                                               FOR HARDSHIP EXEMPTION.—To establish that                 (c) FINAL REGULATIONS.—Not later than 180              SA 5531. Mrs. BLACKBURN (for her-
                                               an alien satisfies one of the criteria for the          days after the date on which interim regula-
                                                                                                                                                              self, Mr. COTTON, Mr. RISCH, and Mr.
                                               hardship exemption set forth in section                 tions are published under this section, the
                                               5105(a)(2)(C), the alien shall submit to the            Secretary shall publish final regulations im-          BRAUN) submitted an amendment in-
                                               Secretary at least 2 sworn affidavits from in-          plementing this title.                                 tended to be proposed to amendment
                                               dividuals who are not related to the alien                (d) PAPERWORK REDUCTION ACT.—The re-                 SA 5499 submitted by Mr. REED (for
                                               and who have direct knowledge of the cir-               quirements under chapter 35 of title 44,               himself and Mr. INHOFE) and intended
                                               cumstances that warrant the exemption,                  United States Code (commonly known as the              to be proposed to the bill H.R. 7900, to
                                               that contain—                                           ‘‘Paperwork Reduction Act’’), shall not                authorize appropriations for fiscal year
                                                 (1) the name, address, and telephone num-             apply to any action to implement this title.           2023 for military activities of the De-
                                               ber of the affiant; and                                 SEC. 5108. CONFIDENTIALITY OF INFORMATION.
                                                                                                                                                              partment of Defense, for military con-
                                                 (2) the nature and duration of the relation-            (a) IN GENERAL.—The Secretary may not
                                               ship between the affiant and the alien.                                                                        struction, and for defense activities of
                                                                                                       disclose or use information provided in appli-
                                                 (j) DOCUMENTS ESTABLISHING SERVICES IN                cations filed under this title or in requests
                                                                                                                                                              the Department of Energy, to prescribe
                                               THE UNIFORMED SERVICES.—To establish that               for DACA for the purpose of immigration en-            military personnel strengths for such
                                               an alien has served in the Uniformed Serv-              forcement.                                             fiscal year, and for other purposes;
                                               ices for at least 2 years and, if discharged, re-         (b) REFERRALS PROHIBITED.—The Secretary              which was ordered to lie on the table;
                                               ceived an honorable discharge, the alien                may not refer any individual who has been              as follows:
                                               shall submit to the Secretary—                          granted permanent resident status on a con-              At the end of subtitle G of title V, add the
                                                 (1) a Department of Defense form DD–214;              ditional basis or who was granted DACA to              following:
                                                 (2) a National Guard Report of Separation             U.S. Immigration and Customs Enforcement,              SEC. 589. LIMITATION ON INVOLUNTARY SEPARA-
                                               and Record of Service form 22;                          U.S. Customs and Border Protection, or any                          TION OF MEMBERS OF ARMED
                                                 (3) personnel records for such service from           designee of either such entity.                                     FORCES BASED ON COVID–19 VAC-
                                               the appropriate Uniformed Service; or                     (c) LIMITED EXCEPTION.—Notwithstanding                            CINATION STATUS.
                                                 (4) health records from the appropriate               subsections (a) and (b), information provided            A member of an active or reserve compo-
                                               Uniformed Service.                                      in an application for permanent resident sta-          nent of the Armed Forces may not be invol-
                                                 (k) DOCUMENTS ESTABLISHING EMPLOY-                    tus on a conditional basis or a request for            untarily separated from the Armed Forces
                                               MENT.—                                                  DACA may be shared with Federal security               based solely on the vaccination status of the
                                                 IN GENERAL.—An alien may satisfy the em-              and law enforcement agencies—                          member with respect to COVID–19 until the
                                               ployment       requirement     under     section          (1) for assistance in the consideration of an        Armed Forces have achieved the end
                                               5105(a)(1)(C)(iii) by submitting records that—          application for permanent resident status on           strengths authorized under section 401.
                                                 (A) establish compliance with such em-                a conditional basis;
                                               ployment requirement; and                                 (2) to identify or prevent fraudulent                  SA 5532. Mr. LANKFORD submitted
                                                 (B) have been maintained by the Social Se-            claims;                                                an amendment intended to be proposed
                                               curity Administration, the Internal Revenue               (3) for national security purposes; or
                                               Service, or any other Federal, State, or local
                                                                                                                                                              to amendment SA 5499 submitted by
                                                                                                         (4) for the investigation or prosecution of
                                               government agency.                                                                                             Mr. REED (for himself and Mr. INHOFE)
                                                                                                       any felony not related to immigration sta-
                                                 (2) OTHER DOCUMENTS.—An alien who is un-              tus.                                                   and intended to be proposed to the bill
                                               able to submit the records described in para-             (d) PENALTY.—Any person who knowingly                H.R. 7900, to authorize appropriations
                                               graph (1) may satisfy the employment re-                uses, publishes, or permits information to be          for fiscal year 2023 for military activi-
                                               quirement by submitting at least 2 types of             examined in violation of this section shall be         ties of the Department of Defense, for
                                               reliable documents that provide evidence of             fined not more than $10,000.                           military construction, and for defense
                                               employment, including—                                  SEC. 5109. RESTORATION OF STATE OPTION TO              activities of the Department of Energy,
                                                 (A) bank records;                                                 DETERMINE RESIDENCY FOR PUR-
                                                 (B) business records;
                                                                                                                                                              to    prescribe     military   personnel
                                                                                                                   POSES OF HIGHER EDUCATION BEN-
                                                 (C) employer records;                                             EFITS.                                     strengths for such fiscal year, and for
                                                 (D) records of a labor union, day labor cen-            (a) IN GENERAL.—Section 505 of the Illegal           other purposes; which was ordered to
                                               ter, or organization that assists workers in            Immigration Reform and Immigrant Respon-               lie on the table; as follows:
                                               employment;                                             sibility Act of 1996 (8 U.S.C. 1623) is repealed.        At the end of subtitle D of title XII, insert
                                                 (E) sworn affidavits from individuals who               (b) EFFECTIVE DATE.—The repeal under                 the following:
                                               are not related to the alien and who have di-           subsection (a) shall take effect as if included        SEC. 1254. SENSE OF CONGRESS ON INCREASING
                                               rect knowledge of the alien’s work, that con-           in the original enactment of the Illegal Im-                       PORT AND AIRFIELD CAPACITY OF
                                               tain—                                                   migration Reform and Immigrant Responsi-                           COUNTRIES IN INDO-PACIFIC RE-
                                                 (i) the name, address, and telephone num-             bility Act of 1996 (division C of Public Law                       GION.
                                               ber of the affiant; and                                 104–208; 110 Stat. 3009–546).                            It is the sense of Congress that, as the Peo-
                                                 (ii) the nature and duration of the relation-                                                                ple’s Republic of China continues to grow in
                                               ship between the affiant and the alien; and               SA 5530. Mrs. BLACKBURN (for her-                    influence through infrastructure (specifi-
                                                 (F) remittance records.                               self, Mr. COTTON, Mr. LANKFORD, Mr.                    cally infrastructure that can easily be shift-
                                                 (1) AUTHORITY TO PROHIBIT USE OF CERTAIN              RISCH, and Mr. BRAUN) submitted an                     ed from economic to military uses), the
                                               DOCUMENTS.—If the Secretary determines,                                                                        United States International Development Fi-
                                                                                                       amendment intended to be proposed to                   nance Corporation should prioritize pro-
                                               after publication in the Federal Register and
                                               an opportunity for public comment, that any             amendment SA 5499 submitted by Mr.                     viding alternative financing opportunities
                                               document or class of documents does not re-             REED (for himself and Mr. INHOFE) and                  that increase port and air field capacity of
                                               liably establish identity or that permanent             intended to be proposed to the bill H.R.               countries throughout the Indo-Pacific region
                                               resident status on a conditional basis is               7900, to authorize appropriations for                  that—
                                               being obtained fraudulently to an unaccept-             fiscal year 2023 for military activities                 (1) are targets of the predatory infrastruc-
                                               able degree, the Secretary may prohibit or              of the Department of Defense, for mili-                ture development scheme of the People’s Re-
                                               restrict the use of such document or class of           tary construction, and for defense ac-                 public of China; and




SSpencer on DSK126QN23PROD with SENATE
                                               documents.                                                                                                       (2) are eligible for support provided by the
                                                                                                       tivities of the Department of Energy,                  Corporation under title II of the Better Utili-
                                               SEC. 5107. RULEMAKING.
                                                                                                       to    prescribe     military  personnel                zation of Investments Leading to Develop-
                                                 (a) INITIAL PUBLICATION.—Not later than 90
                                                                                                       strengths for such fiscal year, and for                ment Act of 2018 (22 U.S.C. 9621 et seq.).
                                               days after the date of the enactment of this
                                               Act, the Secretary shall publish regulations            other purposes; which was ordered to
                                               implementing this title in the Federal Reg-             lie on the table; as follows:                            SA 5533. Mr. LANKFORD submitted
                                               ister. Such regulations shall allow eligible              At the end of subtitle A of title VI, add the        an amendment intended to be proposed
                                               individuals to immediately apply affirma-               following:                                             to amendment SA 5499 submitted by



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                                               S4926                                             CONGRESSIONAL RECORD — SENATE                                                   September 21, 2022
                                               Mr. REED (for himself and Mr. INHOFE)                   SEC. 589. PROHIBITED EXTREMIST ACTIVITIES.             consultation with the officials specified in
                                               and intended to be proposed to the bill                   Not later than 90 days after the date of the         paragraph (3), shall submit to the appro-
                                                                                                       enactment of this Act, the Secretary of De-            priate congressional committees a report on
                                               H.R. 7900, to authorize appropriations
                                                                                                       fense shall amend Department of Defense In-            the work of the Trade Representative to ad-
                                               for fiscal year 2023 for military activi-               struction (DoDI) 1325.06 to provide that mili-         dress the national security threat posed by
                                               ties of the Department of Defense, for                  tary personnel may not actively engage in,             the People’s Republic of China’s control of
                                               military construction, and for defense                  threaten, or advocate—                                 nearly 2⁄3 of the global supply of rare earth
                                               activities of the Department of Energy,                   (1) conduct that promotes illegal discrimi-          minerals.
                                               to    prescribe     military   personnel                nation based on race, creed, color, sex, reli-            (2) ELEMENTS.—The report required by
                                               strengths for such fiscal year, and for                 gion, ethnicity, or national origin; or                paragraph (1) shall include—
                                               other purposes; which was ordered to                      (2) conduct that threatens or advocate the              (A) a description of the extent of the en-
                                                                                                       use of force, violence, or criminal activity to        gagement of the United States with the
                                               lie on the table; as follows:                                                                                  other countries of the Quadrilateral Security
                                                                                                       achieve political or ideological objectives.
                                                 At the end of subtitle G of title X, add the                                                                 Dialogue to promote shared investment and
                                               following:                                                SA 5535. Mr. LANKFORD submitted                      development of rare earth minerals during
                                               SEC. 1077. RECOGNITION OF SERVICE OF THE                an amendment intended to be proposed                   the period beginning on the date of the en-
                                                           USS OKLAHOMA CITY AND CREW.                                                                        actment of this Act and ending on the date
                                                                                                       to amendment SA 5499 submitted by
                                                 (a) FINDINGS.—Congress makes the fol-                                                                        of the report; and
                                               lowing findings:
                                                                                                       Mr. REED (for himself and Mr. INHOFE)
                                                                                                                                                                 (B) a description of the plans of the Presi-
                                                 (1) The USS Oklahoma City is a nuclear-               and intended to be proposed to the bill
                                                                                                                                                              dent to leverage the partnership of the coun-
                                               powered fast attack submarine named after               H.R. 7900, to authorize appropriations                 tries of the Quadrilateral Security Dialogue
                                               Oklahoma City, the capital and most popu-               for fiscal year 2023 for military activi-              to produce a more reliable and secure global
                                               lous city in Oklahoma, and is the second ship           ties of the Department of Defense, for                 supply chain of rare earth minerals.
                                               in the history of the Navy to bear that name.           military construction, and for defense                    (3) OFFICIALS SPECIFIED.—The official speci-
                                                 (2) The motto of the USS Oklahoma City is             activities of the Department of Energy,                fied in this paragraph are the following:
                                               ‘‘The Sooner, The Better’’, which is a testa-           to    prescribe     military   personnel                  (A) The Secretary of State.
                                               ment to both the spirit of the people of Okla-                                                                    (B) the Secretary of Commerce.
                                               homa City and the readiness of the 140-per-
                                                                                                       strengths for such fiscal year, and for
                                                                                                                                                                 (C) The Chief Executive Officer of the
                                               son crew of the USS Oklahoma City.                      other purposes; which was ordered to                   United States International Development Fi-
                                                 (3) The USS Oklahoma City was christened              lie on the table; as follows:                          nance Corporation.
                                               and launched on November 2, 1985, sponsored               At the end of subtitle F of title X, add the            (4) APPROPRIATE CONGRESSIONAL COMMIT-
                                               by Linda M. Nickles, and was commissioned               following:                                             TEES DEFINED.—In this subsection, the term
                                               for service on July 9, 1988, with Commander             SEC. 1064. ENSURING RELIABLE SUPPLY OF RARE            ‘‘appropriate    congressional    committees’’
                                               Kevin John Reardon as the first commanding                           EARTH MINERALS.                           means—
                                               officer of the submarine.                                 (a) FINDINGS.—Congress makes the fol-                   (A) the Committee on Finance, the Com-
                                                 (4) Since the commissioning of the USS                lowing findings:                                       mittee on Foreign Relations, and the Com-
                                               Oklahoma City, the USS Oklahoma City has                  (1) The People’s Republic of China is the            mittee on Energy and Natural Resources of
                                               traveled around the globe multiple times and            global leader in mining, refining, and compo-          the Senate; and
                                               has served in the Mediterranean, the Persian            nent manufacturing of rare earth elements,                (B) the Committee on Ways and Means, the
                                               Gulf, the Pacific, and, most recently, Apra             producing approximately 85 percent of the              Committee on Foreign Affairs, and the Com-
                                               Harbor, Guam.                                           world’s supply between 2011 and 2017.                  mittee on Energy and Commerce of the
                                                 (5) In the aftermath of the April 19, 1995,             (2) In 2019, the United States imported an           House of Representatives.
                                               bombing of the Alfred P. Murrah Federal                 estimated 80 percent of its rare earth com-
                                               Building in Oklahoma City, the crew of the              pounds from the People’s Republic of China.              SA 5536. Mr. LANKFORD submitted
                                               USS Oklahoma City donated blood in sup-                   (3) On March 26, 2014, the World Trade Or-           an amendment intended to be proposed
                                               port of the victims of the deadliest act of             ganization ruled that the People’s Republic            to amendment SA 5499 submitted by
                                               homegrown terrorism in the history of the               of China’s export restraints on rare earth             Mr. REED (for himself and Mr. INHOFE)
                                               United States, which resulted in the deaths             minerals violated its obligations under its            and intended to be proposed to the bill
                                               of 168 individuals.                                     protocol of accession to the World Trade Or-
                                                                                                                                                              H.R. 7900, to authorize appropriations
                                                 (6) The USS Oklahoma City was the first               ganization, thereby harming United States
                                                                                                       manufacturers and workers.
                                                                                                                                                              for fiscal year 2023 for military activi-
                                               Navy submarine to transition from naviga-
                                               tion using paper charts to an all-electronic              (4) The Chinese Communist Party has                  ties of the Department of Defense, for
                                               navigation suite.                                       threatened to leverage the People’s Republic           military construction, and for defense
                                                 (7) On Friday, May 20, 2022, the inactiva-            of China’s dominant position in the rare               activities of the Department of Energy,
                                               tion ceremony for the USS Oklahoma City                 earth market to ‘‘strike back’’ at the United          to    prescribe     military   personnel
                                               was held in Puget Sound Naval Shipyard to               States.                                                strengths for such fiscal year, and for
                                               honor nearly 34 years of service.                         (5) The Quadrilateral Security Dialogue is           other purposes; which was ordered to
                                                 (8) Throughout the career of the USS Okla-            an effective partnership for reliable multi-           lie on the table; as follows:
                                               homa City, the USS Oklahoma City sup-                   lateral financing, development, and distribu-            Section 220 is amended to read as follows:
                                               ported a range of missions, including anti-             tion of goods for global consumption, as evi-          SEC. 220. STUDY ON FACILITATING THE DEVEL-
                                               surface warfare, anti-submarine warfare, tar-           denced by the Quad Vaccine Partnership an-                         OPMENT OF ELECTRIC VEHICLE
                                               geted strike missions, and intelligence, sur-           nounced on March 12, 2021.                                         BATTERY   TECHNOLOGIES    FOR
                                               veillance, and reconnaissance missions.                   (b) SENSE OF CONGRESS.—It is the sense of                        WARFIGHTERS.
                                                 (b) RECOGNITION OF SERVICE.—Congress rec-             Congress that—                                           (a) STUDY REQUIRED.—The Secretary of De-
                                               ognizes the service of the Los Angeles-class              (1) the People’s Republic of China’s domi-           fense shall carry conduct study to assess the
                                               attack submarine the USS Oklahoma City                  nant share of the global rare earth mining             feasibility and advisability of providing sup-
                                               and the crew of the USS Oklahoma City, who              market is a threat to the economic stability,          port to domestic battery producers, particu-
                                               served the United States with valor and                 well being, and competitiveness of key in-             larly those producing lithium-ion cells and
                                               bravery.                                                dustries in the United States;                         battery packs—
                                                                                                         (2) the United States should reduce reli-              (1) to facilitate the research and develop-
                                                 SA 5534. Mr. LANKFORD submitted                       ance on the People’s Republic of China for             ment of safe and secure battery technologies
                                               an amendment intended to be proposed                    rare earth minerals through—                           for existing as well as new or novel battery
                                               to amendment SA 5499 submitted by                         (A) strategic investments in development             chemistry configurations;
                                                                                                       projects, production technologies, and refin-            (2) to assess existing commercial battery
                                               Mr. REED (for himself and Mr. INHOFE)
                                                                                                       ing facilities in the United States; or                offerings within the marketplace for viabil-
                                               and intended to be proposed to the bill                   (B) in partnership with strategic allies of          ity and utility for warfighter applications;
                                               H.R. 7900, to authorize appropriations                  the United States that are reliable trading            and
                                               for fiscal year 2023 for military activi-               partners, including members of the Quad-                 (3) to transition such technologies, includ-
                                               ties of the Department of Defense, for                  rilateral Security Dialogue; and                       ing technologies developed from pilot pro-
                                               military construction, and for defense                    (3) the United States Trade Representative




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                                                              grams, prototype projects, or other research
                                               activities of the Department of Energy,                 should initiate multilateral talks among the           and development programs, from the proto-
                                               to    prescribe     military   personnel                countries of the Quadrilateral Security Dia-           typing phase to production.
                                                                                                       logue to promote shared investment and de-               (b) REQUIREMENTS.—In conducting the
                                               strengths for such fiscal year, and for                                                                        study required by subsection (a), the Sec-
                                                                                                       velopment of rare earth minerals.
                                               other purposes; which was ordered to                      (c) REPORT REQUIRED.—                                retary shall—
                                               lie on the table; as follows:                             (1) IN GENERAL.—Not later than 120 days                (1) collect, analyze, and retain data;
                                                 At the end of subtitle G of title V, add the          after the date of the enactment of this Act,             (2) develop and share best practices relat-
                                               following:                                              the United States Trade Representative, in             ing to matters described in subsection (a);




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                    S4927
                                                 (3) identify any policy or regulatory im-             to amendment SA 5499 submitted by                        (vi) information sharing with other foreign
                                               pediments inhibiting the facilitation de-               Mr. REED (for himself and Mr. INHOFE)                  countries regarding application rejections;
                                               scribed in paragraph (1) of subsection (a) or           and intended to be proposed to the bill                  (vii) anti-money laundering measures; and
                                               the transition described in paragraph (3) of                                                                     (viii) information sharing with the tax res-
                                                                                                       H.R. 7900, to authorize appropriations
                                               such subsection; and                                                                                           idence of the applicant; and
                                                 (4) share results from the study across the           for fiscal year 2023 for military activi-                (B) not later than 90 days after the date of
                                               Department, and with elements of the Fed-               ties of the Department of Defense, for                 the enactment of this Act, provide notice to
                                               eral Government, including the legislative              military construction, and for defense                 the Secretary of Homeland Security and the
                                               branch of the Federal Government.                       activities of the Department of Energy,                Secretary of State of the name of each indi-
                                                 (c) ADMINISTRATION.—The Under Secretary               to    prescribe     military   personnel               vidual to whom the foreign country has ever
                                               of Defense for Research and Engineering                 strengths for such fiscal year, and for                provided citizenship, residence, or any other
                                               shall administer the study.                             other purposes; which was ordered to                   immigration benefit through such golden
                                                                                                       lie on the table; as follows:                          visa program before the date of the first such
                                                 SA 5537. Mr. LANKFORD submitted                                                                              notice;
                                               an amendment intended to be proposed                      At the end of subtitle G of title X, add the
                                                                                                                                                                (C) promptly provide notice to the Sec-
                                                                                                       following:
                                               to amendment SA 5499 submitted by                                                                              retary of Homeland Security and the Sec-
                                                                                                       SEC. 1077. GOLDEN VISA TRANSPARENCY.
                                               Mr. REED (for himself and Mr. INHOFE)                                                                          retary of State of the name of each indi-
                                                                                                         (a) DEFINITIONS.—In this section:                    vidual to whom the foreign country provides
                                               and intended to be proposed to the bill                   (1) APPROPRIATE COMMITTEES OF CON-
                                               H.R. 7900, to authorize appropriations                                                                         citizenship, residence, or any other immigra-
                                                                                                       GRESS.—The term ‘‘appropriate committees
                                               for fiscal year 2023 for military activi-                                                                      tion benefit through such golden visa pro-
                                                                                                       of Congress’’ means—                                   gram after the date of the first such notice;
                                               ties of the Department of Defense, for                     (A) the Committee on Homeland Security              and
                                               military construction, and for defense                  and Governmental Affairs of the Senate;                  (D) with respect to each such individual,
                                               activities of the Department of Energy,                    (B) the Committee on the Judiciary of the           details regarding—
                                               to    prescribe     military   personnel                Senate;                                                  (i) any identity assumed by the individual
                                               strengths for such fiscal year, and for                    (C) the Committee on Appropriations of              before the individual applied for such golden
                                               other purposes; which was ordered to                    the Senate;                                            visa program; and
                                                                                                          (D) the Select Committee on Intelligence              (ii) any identity the individual has as-
                                               lie on the table; as follows:
                                                                                                       of the Senate;                                         sumed since receiving such immigration ben-
                                                 At the appropriate place in title V, insert              (E) the Committee on Homeland Security
                                               the following:                                                                                                 efit.
                                                                                                       of the House of Representatives;                         (2) EFFECT OF NONCOMPLIANCE.—The Sec-
                                               SEC. 5ll. LIMITATION ON DISCHARGE FOR                      (F) the Committee on the Judiciary of the
                                                         MEMBERS OF THE ARMED FORCES                                                                          retary of Homeland shall suspend from par-
                                                         WHO CHOOSE NOT TO RECEIVE A                   House of Representatives;                              ticipation in the visa waiver program any
                                                         VACCINE FOR COVID–19.                            (G) the Committee on Appropriations of              foreign country described in paragraph (1)
                                                 The Secretary of Defense may not dis-                 the House of Representatives; and                      that does not comply with such paragraph.
                                               charge any member of the Armed Forces                      (H) the Permanent Select Committee on                 (3) PROCEDURES TO ENSURE SANCTIONED IN-
                                               under conditions other than honorable solely            Intelligence of the House of Representatives.          DIVIDUALS ARE NOT ADMITTED OR PAROLED
                                               because such member chooses not to receive                 (2) COVERED CONTRIBUTION.—The term                  INTO THE UNITED STATES.—The Secretary of
                                               a vaccine for COVID–19.                                 ‘‘covered contribution’’ means—                        Homeland Security and the Secretary of
                                                                                                          (A) a monetary donation to, investment in,          State, in consultation with the Secretary of
                                                 SA 5538. Mr. LANKFORD submitted                       or any other form of direct or indirect cap-           the Treasury, the Director of the Federal Bu-
                                               an amendment intended to be proposed                    ital transfer, including through the purchase          reau of Investigation, and the Director of
                                               to amendment SA 5499 submitted by                       or rental of real estate, to—                          National Intelligence, shall develop proce-
                                               Mr. REED (for himself and Mr. INHOFE)                      (i) the government of a foreign country; or         dures to ensure that an individual whose
                                               and intended to be proposed to the bill                    (ii) any person, business, or entity in such        entry into the United States has been pro-
                                                                                                       a foreign country; and                                 hibited pursuant to sanctions imposed by the
                                               H.R. 7900, to authorize appropriations                     (B) a donation to, or endowment of, any ac-         United States Government and who has re-
                                               for fiscal year 2023 for military activi-               tivity contributing to the public good in              ceived an immigration benefit through a for-
                                               ties of the Department of Defense, for                  such a foreign country.                                eign country’s golden visa program is not ad-
                                               military construction, and for defense                     (3) GOLDEN VISA PROGRAM.—The term                   mitted or paroled into the United States as
                                               activities of the Department of Energy,                 ‘‘golden visa program’’ means an immigra-              a national of such foreign country.
                                               to    prescribe     military   personnel                tion, investment, or other program of a for-             (4) ANNUAL REPORT.—
                                               strengths for such fiscal year, and for                 eign country that, in exchange for a covered             (A) IN GENERAL.—Not later than 1 year
                                               other purposes; which was ordered to                    contribution authorizes the individual mak-            after the date of the enactment of this Act,
                                               lie on the table; as follows:                           ing the covered contribution to acquire citi-          and at the beginning of each fiscal year
                                                                                                       zenship in such country or receive any other           thereafter, the Secretary of Homeland Secu-
                                                 At the appropriate place, insert the fol-
                                                                                                       immigration benefit in the foreign country,            rity, the Secretary of State, the Secretary of
                                               lowing:
                                                                                                       including temporary or permanent residence             the Treasury, and the Director of National
                                               SEC. lll. GUIDANCE CLARITY.
                                                                                                       that may serve as the basis for subsequent             Intelligence shall jointly submit to the ap-
                                                 (a) REQUIREMENT.—Each agency, as defined                                                                     propriate committees of Congress a report
                                                                                                       naturalization.
                                               in section 551 of title 5, United States Code,                                                                 that—
                                               shall include a guidance clarity statement as              (4) VISA WAIVER PROGRAM.—The term ‘‘visa
                                                                                                       waiver program’’ means the program author-               (i) with respect to each visa waiver pro-
                                               described in subsection (b) on any guidance
                                                                                                       ized under section 217 of the Immigration              gram participant country that operates a
                                               issued by that agency under section
                                                                                                       and Nationality Act (8 U.S.C. 1187).                   golden visa program, describes the laws, reg-
                                               553(b)(3)(A) of title 5, United States Code, on
                                                                                                          (b) NOTIFICATION REQUIREMENT FOR VISA               ulations, and policies governing the golden
                                               and after the date that is 30 days after the
                                                                                                       WAIVER PROGRAM PARTICIPANT COUNTRIES                   visa program including, as applicable, such
                                               date on which the Director of the Office of
                                                                                                       THAT OPERATE GOLDEN VISA PROGRAMS.—                    laws, regulations, and policies with respect
                                               Management and Budget issues the guidance
                                               required under subsection (c).                             (1) IN GENERAL.—As a condition of contin-           to—
                                                 (b) GUIDANCE CLARITY STATEMENT.—A guid-               ued participation in the visa waiver pro-                (I) the physical presence of the golden visa
                                               ance clarity statement required under sub-              gram, each foreign country participating in            program applicant in the country;
                                               section (a) shall—                                      the visa waiver program that operates a                  (II) residence requirements;
                                                 (1) be displayed prominently on the first             golden visa program shall—                               (III) covered contribution requirements;
                                               page of the document; and                                  (A) not later than 90 days after the date of          (IV) security and background check proce-
                                                 (2) include the following: ‘‘The contents of          the enactment of this Act, provide to the              dures for applicants and intermediaries;
                                               this document do not have the force and ef-             Secretary of Homeland Security a descrip-                (V) risk management practices or meas-
                                               fect of law and do not, of themselves, bind             tion of the laws, regulations, and policies            ures, control systems, and oversight mecha-
                                               the public or the agency. This document is              governing the golden visa program of the               nisms;
                                               intended only to provide clarity to the public          country, including, as applicable, such laws,            (VI) information sharing with other for-
                                               regarding existing requirements under the               regulations, and policies relating to—                 eign countries regarding application rejec-
                                                                                                          (i) the physical presence of the golden visa        tions;




SSpencer on DSK126QN23PROD with SENATE
                                               law or agency policies.’’.
                                                 (c) OMB GUIDANCE.—Not later than 90 days              program applicant in the country;                        (VII) anti-money laundering measures; and
                                               after the date of enactment of this Act, the               (ii) residence requirements;                          (VIII) information sharing with the tax
                                               Director of the Office of Management and                   (iii) covered contribution requirements;            residence of an applicant;
                                               Budget shall issue guidance to implement                   (iv) security and background check proce-             (ii) includes the number of individuals
                                               this section.                                           dures for applicants and intermediaries;               whose entry into the United States has been
                                                                                                          (v) risk management practices or meas-              prohibited pursuant to sanctions imposed by
                                                 SA 5539. Mr. LANKFORD submitted                       ures, control systems, and oversight mecha-            the United States Government and who have
                                               an amendment intended to be proposed                    nisms;                                                 received an immigration benefit pursuant to




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                                               S4928                                             CONGRESSIONAL RECORD — SENATE                                                   September 21, 2022
                                               a golden visa program of a visa waiver pro-               ‘‘(II) the quality of such information is suf-       Lands (30 U.S.C. 352), the Secretary of the
                                               gram country, disaggregated by country that             ficient, as determined by the Secretary of             Army may—
                                               granted such benefit;                                   Homeland Security.’’; and                                (A) produce any natural gas located within
                                                 (iii) with respect to each such individual, a           (D) in subparagraph (D)(i), as redesignated,         land under the geographic footprint of the
                                               description of the specific type of sanction to         by striking ‘‘subparagraph (A) or (B)’’ and            McAlester Army Ammunition Plant (re-
                                               which the individual is subject;                        inserting ‘‘subparagraph (A), (B), or (C)’’; and       ferred to in this Act as ‘‘MCAAP’’); and
                                                 (iv) describes the procedures developed and             (3) in paragraph (11)(C)—                              (B) treat, manage, and use the natural gas
                                               implemented pursuant to paragraph (3); and                (A) in clause (iv), by striking ‘‘; and’’ and        produced pursuant to subparagraph (A).
                                                 (v) includes an intelligence assessment of            inserting a semicolon;                                   (2) CONTRACT AUTHORITY.—To carry out any
                                               national security and criminal threats posed              (B) in clause (v), by striking the period at         authority described in paragraph (1), the
                                               by the use of golden visa programs by foreign           the end and inserting ‘‘; and’’; and                   Secretary of the Army may enter into a con-
                                               nationals and by United States citizens.                  (C) by adding at the end the following:              tract with an entity determined appropriate
                                                 (B) FORM.—Each report required under sub-               ‘‘(vi) with respect to a subject country that        by the Secretary.
                                               paragraph (A) shall be submitted in unclassi-           operates a golden visa program—                          (b) ROYALTIES TO THE STATE OF OKLA-
                                               fied form, but may include a classified                   ‘‘(I) an assessment of any threat posed by           HOMA.—
                                               annex.                                                  the golden visa program;                                 (1) VALUE OF ROYALTIES.—Beginning after
                                                 (c) MODIFICATIONS TO VISA WAIVER PRO-                   ‘‘(II) recommendations to mitigate any               the date of enactment of this Act, as soon as
                                               GRAM.—Section 217(c) of the Immigration                 such threat; and                                       practicable after the end of each calendar
                                               and Nationality Act (8 U.S.C. 1187(c)) is                 ‘‘(III) an assessment of the quality of the          year, the Secretary of the Interior shall pro-
                                               amended—                                                subject country’s information sharing relat-           vide to the Secretary of the Army, for nat-
                                                 (1) in paragraph (2), by adding at the end            ing to the golden visa program.’’; and                 ural gas produced at MCAAP pursuant to
                                               the following:                                            (4) by adding at the end the following:              subsection (a) during that calendar year, in-
                                                 ‘‘(H) OPERATION OF GOLDEN VISA PRO-                     ‘‘(13) DEFINITION OF GOLDEN VISA PRO-                formation on the amount of royalty pay-
                                               GRAM.—Not later than 90 days after the date                                                                    ments that the State of Oklahoma would
                                                                                                       GRAM.—In this subsection, the term ‘golden
                                               of the enactment of the James M. Inhofe Na-             visa program’ has the meaning given such               have received under the Mineral Leasing Act
                                               tional Defense Authorization Act for Fiscal             term in section 1077(a) of the James M.                for Acquired Lands (30 U.S.C. 351 et seq.) if
                                               Year 2023, no country that operates a golden                                                                   the natural gas had been produced pursuant
                                                                                                       Inhofe National Defense Authorization Act
                                               visa program may be designated as a pro-                                                                       to a lease issued under that Act.
                                                                                                       for Fiscal Year 2023.’’.
                                               gram country unless the country submits, as                                                                      (2) ACCESS TO INFORMATION.—On request of
                                               a condition of its participation, the informa-            SA 5540. Mr. LANKFORD submitted                      the Secretary of the Interior, the Secretary
                                               tion described in section 1077(b)(1) of such                                                                   of the Army shall promptly provide all infor-
                                                                                                       an amendment intended to be proposed
                                               Act.’’;                                                                                                        mation, documents, and other materials the
                                                 (2) in paragraph (5)—                                 to amendment SA 5499 submitted by
                                                                                                                                                              Secretary of the Interior considers necessary
                                                 (A) in subparagraph (A)(i)—                           Mr. REED (for himself and Mr. INHOFE)                  to calculate the amount of royalty payments
                                                 (i) in subclause (IV), by striking ‘‘; and’’          and intended to be proposed to the bill                under paragraph (1).
                                               and inserting a semicolon;                              H.R. 7900, to authorize appropriations                   (3) PAYMENTS; DISBURSEMENTS.—
                                                 (ii) by redesignating subclause (V) as sub-           for fiscal year 2023 for military activi-                (A) PAYMENTS TO TREASURY.—On receipt of
                                               clause (VI); and                                        ties of the Department of Defense, for                 the information from the Secretary of the
                                                 (iii) by inserting after subclause (IV) the           military construction, and for defense                 Interior under paragraph (1) each calendar
                                               following:                                              activities of the Department of Energy,                year, the Secretary of the Army shall de-
                                                 ‘‘(V) shall evaluate whether the program                                                                     posit in the Treasury of the United States an
                                                                                                       to    prescribe     military   personnel
                                               country operates a golden visa program and,                                                                    amount equal to the amount of the royalty
                                               as applicable, whether the program country              strengths for such fiscal year, and for
                                                                                                       other purposes; which was ordered to                   payments calculated under that paragraph.
                                               has complied with the requirements of the                                                                        (B) DISBURSEMENTS TO OKLAHOMA.—The
                                               James M. Inhofe National Defense Author-                lie on the table; as follows:                          Secretary of the Interior shall disburse to
                                               ization Act for Fiscal Year 2023; and’’;                  At the appropriate place, insert the fol-            the State of Oklahoma an amount equal to
                                                 (B) by redesignating subparagraph (C) as              lowing:                                                the amount deposited in the Treasury of the
                                               subparagraph (D);                                       SEC. lll. REQUIREMENT TO POST A 100 WORD               United States by the Secretary of the Army
                                                 (C) by inserting after subparagraph (B) the                     SUMMARY TO REGULATIONS.GOV.
                                                                                                                                                              pursuant to subparagraph (A) as though the
                                               following:                                                Section 553(b) of title 5, United States             amounts were being disbursed to the State
                                                 ‘‘(C) TERMINATIONS RELATING TO GOLDEN                 Code, is amended—
                                                                                                                                                              under section 6 of the Mineral Leasing Act
                                               VISA PROGRAMS.—                                           (1) in paragraph (2), by striking ‘‘and’’ at
                                                                                                                                                              for Acquired Lands (30 U.S.C. 355).
                                                 ‘‘(i) IN GENERAL.—The Secretary of Home-              the end;
                                                                                                                                                                (4) WAIVER AUTHORITY.—On receipt of writ-
                                               land Security shall immediately terminate                 (2) in paragraph (3), by striking the period
                                                                                                                                                              ten notice from the Governor of Oklahoma
                                               the designation of a program country if the             at the end and inserting ‘‘; and’’; and
                                                                                                                                                              consenting to the waiver of any of the re-
                                               country—                                                  (3) by inserting after paragraph (3) the fol-
                                                                                                                                                              quirements of paragraphs (1) through (3), the
                                                 ‘‘(I) establishes a golden visa program (or           lowing:
                                                                                                                                                              Secretary of the Interior may waive that re-
                                               in the case of a program country with an ex-              ‘‘(4) the Internet address of a summary of
                                                                                                                                                              quirement.
                                               isting golden visa program, modifies the                not more than 100 words in length of the pro-            (c) OWNERSHIP OF FACILITIES.—
                                               golden visa program or the terms and condi-             posed rule, in plain language, that shall be             (1) IN GENERAL.—The Secretary of the
                                               tions of the golden visa program) without               posted on the Internet website under section           Army may take ownership of any gas pro-
                                               providing to the Secretary the information              206(d) of the E-Government Act of 2002 (44             duction and treatment equipment and facili-
                                               described in section 1077(b)(1) of the James            U.S.C. 3501 note) (commonly known as regu-             ties and associated infrastructure from an
                                               M. Inhofe National Defense Authorization                lations.gov).’’.                                       entity with which the Secretary has entered
                                               Act for Fiscal Year 2023;                                                                                      into a contract under subsection (a)(2) in ac-
                                                 ‘‘(II) refuses to provide such information;             SA 5541. Mr. LANKFORD submitted
                                                                                                                                                              cordance with the terms of such contract.
                                               or                                                      an amendment intended to be proposed                     (2) RESPONSIBILITY.—With respect to a nat-
                                                 ‘‘(III) provides such information but the in-         to amendment SA 5499 submitted by                      ural gas well installed on MCAAP and sub-
                                               formation is of insufficient quality, as deter-         Mr. REED (for himself and Mr. INHOFE)                  ject to this Act, the Secretary of the Interior
                                               mined by the Secretary.                                 and intended to be proposed to the bill                shall have no responsibility for—
                                                 ‘‘(ii) REDESIGNATION.—With respect to a               H.R. 7900, to authorize appropriations                   (A) the plugging, abandonment, or rec-
                                               country the designation of which has been               for fiscal year 2023 for military activi-              lamation of such well; or
                                               terminated under this subparagraph, the                                                                          (B) any environmental damage caused by
                                                                                                       ties of the Department of Defense, for
                                               Secretary of Homeland Security may redes-                                                                      or associated with the production of such
                                               ignate the country as a program country,                military construction, and for defense
                                                                                                       activities of the Department of Energy,                well.
                                               without regard to subsection (f) or paragraph                                                                    (d) LIMITATION ON USES.—Natural gas pro-
                                               (2) or (3), if the Secretary of Homeland Secu-          to    prescribe     military   personnel               duced pursuant to subsection (a) may be used
                                               rity, in consultation with the Secretary of             strengths for such fiscal year, and for                only to support activities and operations at
                                               State, determines that—                                 other purposes; which was ordered to                   MCAAP.
                                                 ‘‘(I) the country—                                    lie on the table; as follows:                            (e) SAFETY STANDARDS FOR GAS WELLS.—




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                                                 ‘‘(aa) has resumed sharing the information              At the end of subtitle B of title III, add the         (1) IN GENERAL.—A natural gas well in-
                                               described in section 1077(b)(1) of the James            following:                                             stalled on MCAAP and subject to this Act
                                               M. Inhofe National Defense Authorization                SEC. 322. PRODUCTION AND USE OF NATURAL                shall meet the same technical installation
                                               Act for Fiscal Year 2023; and                                       GAS AT MCALESTER ARMY AMMUNI-              and operating standards required for a nat-
                                                 ‘‘(bb) has shared such information that was                       TION PLANT.                                ural gas well installed under a lease issued
                                               withheld before the date of termination and               (a) AUTHORITY.—                                      pursuant to the Mineral Leasing Act for Ac-
                                               such information that has accumulated since               (1) IN GENERAL.—Notwithstanding section 3            quired Lands (30 U.S.C. 351 et seq.), includ-
                                               that date; and                                          of the Mineral Leasing Act for Acquired                ing—




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S4929
                                                 (A) the gas measurement requirements                    ‘‘(ii) that may be inside or outside the             training of foreign partners on counter-un-
                                               under the Federal Oil and Gas Royalty Man-              local commuting area of the location from              manned aircraft systems operations; and
                                               agement Act of 1982 (30 U.S.C. 1701 et seq.);           which the employee would otherwise work;                 (4) encourages the Department of Defense
                                               and                                                     and                                                    to utilize the C-UAS Academy to expand
                                                 (B) the operational standards required by               ‘‘(iii) that is typically the residence of the       such efforts.
                                               the Bureau of Land Management pursuant to               employee.’’;                                             (b) BRIEFING ON SECURITY COOPERATION EF-
                                               part 3160 of title 43, Code of Federal Regula-            (2) in subsection (b)—                               FORTS.—Not later than 90 days after the date
                                               tions (or a successor regulation).                        (A) in paragraph (1), by striking ‘‘or’’ at          of the enactment of this Act, the Secretary
                                                 (2) COMPLIANCE.—With respect to a natural             the end;                                               of Defense shall brief the Committee on
                                               gas well installed on MCAAP and subject to                (B) in paragraph (2), by striking the period         Armed Services of the Senate and the Com-
                                               this Act—                                               at the end and inserting ‘‘; or’’; and                 mittee on Armed Services of the House of
                                                 (A) the Bureau of Land Management                       (C) by adding at the end the following:              Representatives on how the Department of
                                               shall—                                                    ‘‘(3) a spouse of a member of the Armed              Defense intends to bolster security coopera-
                                                 (i) ensure compliance by the Secretary of             Forces who is on active duty, or a spouse of           tion activities with allies and partners at the
                                               the Army with the standards described in                a disabled or deceased member of the Armed             C-UAS Academy, including an identification
                                               paragraph (1); and                                      Forces, to a position in which that spouse             of any shortfalls in resourcing or gaps in au-
                                                 (ii) report any violations of the standards           will engage in remote work.’’; and                     thorities that could inhibit these security
                                               to the Secretary of the Army; and                         (3) in subsection (c)(1), by striking ‘‘sub-         cooperation efforts.
                                                 (B) the Secretary of the Army shall take              section (a)(3)’’ and inserting ‘‘subsection
                                               such actions as are necessary to bring the              (a)(4)’’.                                                SA 5546. Mr. LANKFORD (for him-
                                               well into compliance with such standards.                                                                      self, Mr. ROMNEY, Mr. CORNYN, and Mr.
                                                                                                         SA 5544. Ms. HIRONO submitted an                     LEE) submitted an amendment in-
                                                 SA 5542. Mr. LANKFORD submitted                       amendment intended to be proposed to                   tended to be proposed to amendment
                                               an amendment intended to be proposed                    amendment SA 5499 submitted by Mr.                     SA 5499 submitted by Mr. REED (for
                                               to amendment SA 5499 submitted by                       REED (for himself and Mr. INHOFE) and                  himself and Mr. INHOFE) and intended
                                               Mr. REED (for himself and Mr. INHOFE)                   intended to be proposed to the bill H.R.               to be proposed to the bill H.R. 7900, to
                                               and intended to be proposed to the bill                 7900, to authorize appropriations for                  authorize appropriations for fiscal year
                                               H.R. 7900, to authorize appropriations                  fiscal year 2023 for military activities               2023 for military activities of the De-
                                               for fiscal year 2023 for military activi-               of the Department of Defense, for mili-                partment of Defense, for military con-
                                               ties of the Department of Defense, for                  tary construction, and for defense ac-                 struction, and for defense activities of
                                               military construction, and for defense                  tivities of the Department of Energy,                  the Department of Energy, to prescribe
                                               activities of the Department of Energy,                 to    prescribe     military  personnel                military personnel strengths for such
                                               to    prescribe     military   personnel                strengths for such fiscal year, and for                fiscal year, and for other purposes;
                                               strengths for such fiscal year, and for                 other purposes; which was ordered to
                                               other purposes; which was ordered to                                                                           which was ordered to lie on the table;
                                                                                                       lie on the table; as follows:                          as follows:
                                               lie on the table; as follows:
                                                                                                         At the end of subtitle A of title VI, add the          At the end of title XI, add the following:
                                                 At the appropriate place, insert the fol-
                                                                                                       following:                                             SEC. 1115. LIMITATION ON APPOINTMENT OF RE-
                                               lowing:
                                                                                                       SEC. 606. TRAVEL AND TRANSPORTATION ALLOW-                          TIRED MEMBERS OF THE ARMED
                                               SEC. lll. CRITERIA FOR GRANTING DIRECT-
                                                                                                                   ANCES FOR TRAVEL FOR MEDICAL                            FORCES TO CERTAIN POSITIONS IN
                                                         HIRE AUTHORITY TO AGENCIES.
                                                                                                                   CARE.                                                   THE DEPARTMENT OF DEFENSE.
                                                 Section 3304(a)(3)(B) of title 5, United                Section 453 of title 37, United States Code,           (a) IN GENERAL.—Section 3326 of title 5,
                                               States Code, is amended by striking ‘‘short-                                                                   United States Code, is amended—
                                                                                                       is amended by adding at the end the fol-
                                               age of candidates’’ and all that follows
                                                                                                       lowing new subsection:                                    (1) in the section heading, by inserting
                                               through ‘‘highly qualified candidates)’’ and
                                                                                                         ‘‘(h) TRAVEL AWAY FROM DUTY STATION FOR              ‘‘CERTAIN’’ before ‘‘POSITIONS’’; and
                                               inserting ‘‘shortage of highly qualified can-
                                                                                                       MEDICAL CARE.—A member of the uniformed                   (2) in subsection (b)—
                                               didates’’.
                                                                                                       services, or a family member of such a mem-               (A) by striking ‘‘appointed’’ and all that
                                                 SA 5543. Mr. LANKFORD submitted                       ber, who travels to obtain medical care not            follows through ‘‘Defense’’ and inserting
                                                                                                       provided at the duty station of the member             ‘‘appointed to a position in the excepted or
                                               an amendment intended to be proposed
                                                                                                       may be provided travel and transportation              competitive service classified at or above
                                               to amendment SA 5499 submitted by                       allowances to the extent provided in regula-           GS–14 of the General Schedule (or equiva-
                                               Mr. REED (for himself and Mr. INHOFE)                   tions prescribed under section 464 of this             lent) in or under the Department of De-
                                               and intended to be proposed to the bill                 title.’’.                                              fense’’; and
                                               H.R. 7900, to authorize appropriations                                                                            (B) in paragraph (1), by striking ‘‘for the
                                               for fiscal year 2023 for military activi-                 SA 5545. Mr. LANKFORD submitted                      purpose’’ and all that follows through ‘‘Man-
                                               ties of the Department of Defense, for                  an amendment intended to be proposed                   agement’’.
                                               military construction, and for defense                  to amendment SA 5499 submitted by                         (b) CLERICAL AMENDMENT.—The table of
                                               activities of the Department of Energy,                 Mr. REED (for himself and Mr. INHOFE)                  sections at the beginning of subchapter I of
                                               to    prescribe     military   personnel                                                                       chapter 33 of such title is amended in the
                                                                                                       and intended to be proposed to the bill
                                                                                                                                                              item relating to section 3326 by inserting
                                               strengths for such fiscal year, and for                 H.R. 7900, to authorize appropriations                 ‘‘certain’’ before ‘‘positions’’.
                                               other purposes; which was ordered to                    for fiscal year 2023 for military activi-
                                               lie on the table; as follows:                           ties of the Department of Defense, for                   SA 5547. Mr. LANKFORD submitted
                                                 At the appropriate place, insert the fol-             military construction, and for defense                 an amendment intended to be proposed
                                               lowing:                                                 activities of the Department of Energy,                to amendment SA 5499 submitted by
                                               SEC.   llll. APPOINTMENT             OF    MILITARY
                                                         SPOUSES.
                                                                                                       to    prescribe     military   personnel               Mr. REED (for himself and Mr. INHOFE)
                                                 Section 3330d of title 5, United States Code,         strengths for such fiscal year, and for                and intended to be proposed to the bill
                                               is amended—                                             other purposes; which was ordered to                   H.R. 7900, to authorize appropriations
                                                 (1) in subsection (a)—                                lie on the table; as follows:                          for fiscal year 2023 for military activi-
                                                 (A) by redesignating paragraph (3) as para-             At the end of subtitle F of title XII, add           ties of the Department of Defense, for
                                               graph (4); and                                          the following:                                         military construction, and for defense
                                                 (B) by inserting after paragraph (2) the fol-         SEC. 1276. SECURITY COOPERATION ACTIVITIES             activities of the Department of Energy,
                                               lowing:                                                             AT COUNTER-UAS TRAINING ACAD-
                                                                                                                                                              to    prescribe     military   personnel
                                                 ‘‘(3) The term ‘remote work’ refers to a                          EMY.
                                               work flexibility arrangement under which an               (a) SENSE OF CONGRESS.—Congress—                     strengths for such fiscal year, and for
                                               employee—                                                 (1) supports the Department of Defense’s             other purposes; which was ordered to
                                                 ‘‘(A) is not expected to physically report to         decision to establish the Counter-UAS Train-           lie on the table; as follows:
                                               the location from which the employee would              ing Academy at Fort Sill, Oklahoma (in this              At the end of subtitle G of title X, add the




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                                               otherwise work, considering the position of             section referred to as the ‘‘C-UAS Acad-               following:
                                               the employee; and                                       emy’’);                                                SEC. 1077. SOCIOECONOMIC LABOR THRESHOLD
                                                 ‘‘(B) performs the duties and responsibil-              (2) believes the C-UAS Academy will play                         FOR THE SERVICE CONTRACT ACT.
                                               ities of such employee’s position, and other            an important role in synchronizing training              (a) SOCIOECONOMIC LABOR THRESHOLD.—
                                               authorized activities, from an approved                 on counter-drone tactics across the military             (1) IN GENERAL.—For purposes of this sec-
                                               worksite—                                               services;                                              tion, the socioeconomic labor threshold is—
                                                 ‘‘(i) other than the location from which the            (3) recognizes the important role of the C-            (A) for the period beginning on the date of
                                               employee would otherwise work;                          UAS Academy in the military education and              enactment of this Act and ending on October




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                                               S4930                                             CONGRESSIONAL RECORD — SENATE                                                   September 21, 2022
                                               1 following such date of enactment, the                 James M. Inhofe National Defense Author-               cal Year 2017 (Public Law 114–328; 130 Stat.
                                               amount determined by the Secretary of                   ization Act for Fiscal Year 2023, $2,500; and          2447).
                                               Labor under paragraph (2)(A); and                         ‘‘(B) for contracts and bid specifications              ‘‘(e) SPECIAL PROVISION REGARDING THE DE-
                                                 (B) for each 1-year period beginning on Oc-           made on or after such date of enactment, the           PARTMENT OF DEFENSE.—Nothing in this sec-
                                               tober 1 following such date of enactment, the           socioeconomic labor threshold.’’.                      tion shall preclude the Secretary of Defense
                                               amount determined by the Secretary of                                                                          from making temporary and term appoint-
                                               Labor under paragraph (2)(B).                             SA 5548. Mr. LANKFORD submitted                      ments in the competitive service pursuant to
                                                 (2) INFLATION ADJUSTMENTS.—                           an amendment intended to be proposed                   section 1105 of the National Defense Author-
                                                 (A) INITIAL PERIOD.—The amount deter-                                                                        ization Act for Fiscal Year 2017 (Public Law
                                                                                                       to amendment SA 5499 submitted by
                                               mined under this paragraph for the period                                                                      114–328; 130 Stat. 2447).
                                                                                                       Mr. REED (for himself and Mr. INHOFE)                     ‘‘(f) RULE OF CONSTRUCTION.—Nothing in
                                               described in paragraph (1)(A) shall be $2,500
                                                                                                       and intended to be proposed to the bill                this section may be construed to affect the
                                               as—
                                                 (i) increased by the percentage increase in           H.R. 7900, to authorize appropriations                 authorities granted under section 3109.’’.
                                                                                                       for fiscal year 2023 for military activi-                 (b) CONFORMING AMENDMENT.—The table of
                                               the Consumer Price Index for All Urban Con-
                                                                                                       ties of the Department of Defense, for                 sections for subchapter I of chapter 31 of
                                               sumers (all items; United States city aver-                                                                    title 5, United States Code, is amended by in-
                                               age), as published by the Bureau of Labor               military construction, and for defense                 serting after the item relating to section 3116
                                               Statistics, comparing—                                  activities of the Department of Energy,                the following:
                                                 (I) such Consumer Price Index for October             to    prescribe     military   personnel               ‘‘3117. Temporary and term appointments.’’.
                                               of 1965; and                                            strengths for such fiscal year, and for
                                                 (II) such Consumer Price Index for the                                                                         SA 5549. Mr. LANKFORD submitted
                                                                                                       other purposes; which was ordered to
                                               most recent month as of the date of enact-
                                                                                                       lie on the table; as follows:                          an amendment intended to be proposed
                                               ment of this Act for which such Consumer
                                               Price Index is available; and                             At the appropriate place, insert the fol-            to amendment SA 5499 submitted by
                                                 (ii) (if applicable), rounded to the nearest          lowing:                                                Mr. REED (for himself and Mr. INHOFE)
                                               multiple of $100.                                       SEC. lll. FLEXIBILITY FOR TEMPORARY AND                and intended to be proposed to the bill
                                                 (B) SUBSEQUENT PERIODS.—                                         TERM APPOINTMENTS.                          H.R. 7900, to authorize appropriations
                                                 (i) IN GENERAL.—The amount determined                   (a) TEMPORARY AND TERM APPOINTMENTS.—                for fiscal year 2023 for military activi-
                                               under this subparagraph for the applicable              Subchapter I of chapter 31 of title 5, United          ties of the Department of Defense, for
                                               period described in paragraph (1)(B) shall be           States Code, is amended by adding at the end           military construction, and for defense
                                               the amount in effect on the date of such de-            the following:                                         activities of the Department of Energy,
                                               termination as—                                         ‘‘§ 3117. Temporary and term appointments              to    prescribe     military   personnel
                                                 (I) increased (if applicable) from such                  ‘‘(a) DEFINITIONS.—In this section:                 strengths for such fiscal year, and for
                                               amount by the annual percentage increase, if               ‘‘(1) DIRECTOR.—The term ‘Director’ means
                                               any, in the Consumer Price Index for All                                                                       other purposes; which was ordered to
                                                                                                       the Director of the Office of Personnel Man-           lie on the table; as follows:
                                               Urban Consumers (all items; United States               agement.
                                               city average), as published by the Bureau of                                                                     Strike section 2867.
                                                                                                          ‘‘(2) TEMPORARY APPOINTMENT.—The term
                                               Labor Statistics, from the preceding year as            ‘temporary appointment’ means an appoint-
                                               calculated in accordance with clause (ii); and                                                                   SA 5550. Mr. LANKFORD submitted
                                                                                                       ment in the competitive service for a period
                                                 (II) (if applicable) rounded to the nearest                                                                  an amendment intended to be proposed
                                                                                                       of not more than 1 year.
                                               multiple of $100.                                          ‘‘(3) TERM APPOINTMENT.—The term ‘term
                                                                                                                                                              to amendment SA 5499 submitted by
                                                 (ii) CONSUMER PRICE INDEX.—In making the              appointment’ means an appointment in the               Mr. REED (for himself and Mr. INHOFE)
                                               determination under clause (i) and calcu-               competitive service for a period of more than          and intended to be proposed to the bill
                                               lating the percentage increase in the Con-              1 year and not more than 5 years.                      H.R. 7900, to authorize appropriations
                                               sumer Price Index for All Urban Consumers                  ‘‘(b) APPOINTMENT.—                                 for fiscal year 2023 for military activi-
                                               under clause (i)(I), the Secretary of Labor                ‘‘(1) IN GENERAL.—The head of an Executive          ties of the Department of Defense, for
                                               shall compare the Consumer Price Index for              agency may make a temporary appointment                military construction, and for defense
                                               All Urban Consumers (all items; United                  or term appointment to a position in the
                                               States city average), as determined by the                                                                     activities of the Department of Energy,
                                                                                                       competitive service when the need for the              to    prescribe     military   personnel
                                               Bureau of Labor Statistics, for June of the             services of an employee in the position is not
                                               calendar year in which such determination is                                                                   strengths for such fiscal year, and for
                                                                                                       permanent.
                                               made with the Consumer Price Index for All                 ‘‘(2) EXTENSION.—Under conditions pre-              other purposes; which was ordered to
                                               Urban Consumers (all items; United States               scribed by the Director, the head of an Exec-          lie on the table; as follows:
                                               city average), as determined by the Bureau              utive agency may—                                        At the end of subtitle G of title X, add the
                                               of Labor Statistics, for June of the preceding             ‘‘(A) extend a temporary appointment                following:
                                               calendar year.                                          made under paragraph (1) in increments of              SEC. 1077. EXPEDITED HIRING AUTHORITY.
                                                 (iii) RULE OF CONSTRUCTION.—With respect              not more than 1 year each, up to a maximum               (a) EXPEDITED HIRING AUTHORITY FOR COL-
                                               to a determination under clause (i) of the              of 3 total years of service; and                       LEGE GRADUATES.—Section 3115(e)(1) of title
                                               amount in effect under this paragraph for an               ‘‘(B) extend a term appointment made                5, United States Code, is amended by strik-
                                               applicable period under paragraph (1)(B), if            under paragraph (1) in increments deter-               ing ‘‘15 percent’’ and inserting ‘‘25 percent’’.
                                               there is not an annual percentage increase in           mined appropriate by the head of the Execu-              (b) EXPEDITED HIRING AUTHORITY FOR POST-
                                               the Consumer Price Index for All Urban Con-             tive agency, up to a maximum of 6 total                SECONDARY STUDENTS.—Section 3116(d)(1) of
                                               sumers (all items; United States city aver-             years of service.                                      title 5, United States Code, is amended by
                                               age) from the preceding year as described in               ‘‘(c) APPOINTMENTS FOR CRITICAL HIRING              striking ‘‘15 percent’’ and inserting ‘‘25 per-
                                               clause (i)(I), the amount in effect under this          NEEDS.—                                                cent’’.
                                               paragraph for such applicable period shall be              ‘‘(1) IN GENERAL.—Under conditions pre-
                                               the amount in effect under paragraph (1) on             scribed by the Director, the head of an Exec-            SA 5551. Mr. LANKFORD submitted
                                               the date of such determination.                         utive agency may make a noncompetitive                 an amendment intended to be proposed
                                                 (b) AMENDMENTS TO THE MCNAMARA-                       temporary appointment, or a noncompeti-                to amendment SA 5499 submitted by
                                               O’HARA SERVICE CONTRACT ACT.—                           tive term appointment for a period of not              Mr. REED (for himself and Mr. INHOFE)
                                                 (1) DEFINITION.—Section 6701 of title 41,             more than 18 months, to a position in the              and intended to be proposed to the bill
                                               United States Code, is amended—                         competitive service for which a critical hir-          H.R. 7900, to authorize appropriations
                                                 (A) by redesignating paragraph (4) as para-           ing need exists, as determined under section           for fiscal year 2023 for military activi-
                                               graph (5); and                                          3304, without regard to the requirements of            ties of the Department of Defense, for
                                                 (B) by inserting after paragraph (3) the fol-         sections 3327 and 3330.
                                               lowing:
                                                                                                                                                              military construction, and for defense
                                                                                                          ‘‘(2) NO EXTENSIONS.—An appointment
                                                 ‘‘(4) SOCIOECONOMIC LABOR THRESHOLD.—                 made under paragraph (1) may not be ex-                activities of the Department of Energy,
                                               The term ‘socioeconomic labor threshold’                tended.                                                to    prescribe     military   personnel
                                               means the socioeconomic labor threshold es-                ‘‘(d) REGULATIONS.—                                 strengths for such fiscal year, and for
                                               tablished under section 1077(a) of the James               ‘‘(1) IN GENERAL.—Subject to paragraph (2),         other purposes; which was ordered to




SSpencer on DSK126QN23PROD with SENATE
                                               M. Inhofe National Defense Authorization                the Director may prescribe regulations to              lie on the table; as follows:
                                               Act for Fiscal Year 2023.’’.                            carry out this section.                                  At the end of subtitle E of title V, add the
                                                 (2)    APPLICABILITY    THRESHOLD.—Section               ‘‘(2) APPLICATION.—Any regulations pre-             following:
                                               6702(a)(2) of title 41, United States Code, is          scribed by the Director for the administra-            SEC. 564. REPORT ON STATUS OF RELIGIOUS
                                               amended to read as follows:                             tion of this section shall not apply to the                       FREEDOM EDUCATION AND TRAIN-
                                                 ‘‘(2) involves an amount exceeding—                   Secretary of Defense in the exercise of the                       ING.
                                                 ‘‘(A) for contracts and bid specifications            authorities granted under section 1105 of the            (a) IN GENERAL.—Not later than 30 days
                                               made prior to the date of enactment of the              National Defense Authorization Act for Fis-            after the date of the enactment of this Act,




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S4931
                                               the Secretary of Defense shall submit to the            and intended to be proposed to the bill                  ‘‘(iv) RULE OF CONSTRUCTION.—The publica-
                                               congressional defense committees a report               H.R. 7900, to authorize appropriations                 tion of procedures under clause (iii) shall not
                                               on the implementation of the training for all           for fiscal year 2023 for military activi-              impact the authority of the Commissioner to
                                               components of the Armed Forces required by              ties of the Department of Defense, for                 update such procedures, in consultation with
                                               Department of Defense Instruction (DoDI)                                                                       the Administrator, as appropriate.
                                               1300.17, entitled ‘‘Religious Liberty in the
                                                                                                       military construction, and for defense
                                                                                                                                                                ‘‘(B) LIMITATION.—The authority under
                                               Military Services’’ and issued on September             activities of the Department of Energy,
                                                                                                                                                              subparagraph (A) shall only be available for
                                               1, 2020.                                                to    prescribe     military   personnel
                                                                                                                                                              maintenance and repair projects involving
                                                  (b) ELEMENTS.—The report required under              strengths for such fiscal year, and for                existing infrastructure, property, and capital
                                               subsection (a) shall include the following ele-         other purposes; which was ordered to                   at any port of entry described in subpara-
                                               ments:                                                  lie on the table; as follows:                          graph (A).
                                                  (1) A copy of the educational materials for            At the end of subtitle F of title III, add the         ‘‘(C) ANNUAL ADJUSTMENTS.—The Commis-
                                               each military service.                                  following:                                             sioner shall annually adjust the amount de-
                                                  (2) A description, disaggregated by mili-            SEC. 389. LIMITATION ON USE OF FUNDS TO                scribed in subparagraph (A) by the percent-
                                               tary service, of—                                                  MAINTAIN OR ESTABLISH COM-
                                                  (A) the number of trainings that have been                                                                  age (if any) by which the Consumer Price
                                                                                                                  PUTER NETWORKS.
                                               conducted pursuant to DoDI 1300.17;                                                                            Index for All Urban Consumers for the
                                                                                                         (a) IN GENERAL.—Except as provided in
                                                  (B) the number of members of the Armed                                                                      month of June preceding the date on which
                                                                                                       subsection (b), none of the funds made avail-
                                               Forces who have received the training; and                                                                     such adjustment takes effect exceeds the
                                                                                                       able under this Act may be used to maintain
                                                  (C) the number of members of the Armed               or establish a computer network unless such            Consumer Price Index for All Urban Con-
                                               Forces who have yet to complete the train-              network blocks the viewing, downloading,               sumers for the same month of the preceding
                                               ing.                                                    and exchanging of pornography.                         calendar year.
                                                                                                         (b) EXCEPTION FOR LAW ENFORCEMENT AND                  ‘‘(D) RULE OF CONSTRUCTION.—Nothing in
                                                 SA 5552. Mr. LANKFORD submitted                       VICTIM ASSISTANCE.—Nothing in subsection               this paragraph may be construed to affect
                                               an amendment intended to be proposed                    (a) shall limit the use of funds necessary for         the availability of funding from—
                                               to amendment SA 5499 submitted by                       any Federal, State, tribal, or local law en-             ‘‘(i) the Federal Buildings Fund established
                                               Mr. REED (for himself and Mr. INHOFE)                   forcement agency or any other entity car-              under section 592 of title 40, United States
                                                                                                       rying out criminal investigations, prosecu-            Code;
                                               and intended to be proposed to the bill
                                                                                                       tion, adjudication, or other activity relating           ‘‘(ii) the Donation Acceptance Program es-
                                               H.R. 7900, to authorize appropriations                  to law enforcement or victim assistance.               tablished under section 482; or
                                               for fiscal year 2023 for military activi-                                                                        ‘‘(iii) any other statutory authority or ap-
                                               ties of the Department of Defense, for                    SA 5554. Mr. LANKFORD submitted                      propriation for projects described in subpara-
                                               military construction, and for defense                  an amendment intended to be proposed                   graph (A).’’.
                                               activities of the Department of Energy,                 to amendment SA 5499 submitted by                        (b) REPORTING.—
                                               to    prescribe     military   personnel                Mr. REED (for himself and Mr. INHOFE)                    (1) IN GENERAL.—Not later than 1 year after
                                               strengths for such fiscal year, and for                 and intended to be proposed to the bill                the date of the enactment of this Act, and
                                               other purposes; which was ordered to                    H.R. 7900, to authorize appropriations                 annually thereafter, the Commissioner of
                                               lie on the table; as follows:                           for fiscal year 2023 for military activi-              U.S. Customs and Border Protection shall
                                                 At the appropriate place, insert the fol-             ties of the Department of Defense, for                 submit a report to the Committee on Home-
                                               lowing:                                                 military construction, and for defense                 land Security and Governmental Affairs of
                                               SEC. lll. NONCOMPETITIVE ELIGIBILITY FOR                activities of the Department of Energy,                the Senate, the Committee on Appropria-
                                                          HIGH-PERFORMING CIVILIAN EM-                 to    prescribe     military   personnel               tions of the Senate, the Committee on Home-
                                                          PLOYEES.                                                                                            land Security of the House of Representa-
                                                 (a) DEFINITIONS.—In this section—
                                                                                                       strengths for such fiscal year, and for
                                                                                                       other purposes; which was ordered to                   tives, and the Committee on Appropriations
                                                 (1) the term ‘‘competitive service’’ has the                                                                 of the House of Representatives that in-
                                               meaning given the term in section 2102 of               lie on the table; as follows:
                                                                                                                                                              cludes the elements described in paragraph
                                               title 5, United States Code; and                          At end of subtitle E of title X, add the fol-        (2).
                                                 (2) the term ‘‘Executive agency’’ has the             lowing:                                                  (2) ELEMENTS.—The report required under
                                               meaning given the term in section 105 of                SEC. 1052. PORT MAINTENANCE.
                                                                                                                                                              paragraph (1) shall include—
                                               title 5, United States Code.                              (a) IN GENERAL.—Section         411(o) of the          (A) a summary of all maintenance projects
                                                 (b) REGULATIONS.—Under such regulations               Homeland Security Act of 2002 (6 U.S.C.
                                                                                                                                                              conducted pursuant to section 411(o)(3) of the
                                               as the Director of the Office of Personnel              211(o)) is amended—
                                                                                                                                                              Homeland Security Act of 2002, as added by
                                               Management shall issue, an Executive agen-                 (1) by redesignating paragraph (3) as para-
                                                                                                                                                              subsection (a) during the prior fiscal year;
                                               cy may noncompetitively appoint, for other              graph (4); and
                                               than temporary employment, to a position                                                                         (B) the cost of each project referred to in
                                                                                                          (2) by inserting after paragraph (2) the fol-
                                               in the competitive service any individual               lowing:                                                subparagraph (A);
                                               who—                                                       ‘‘(3) PORT MAINTENANCE.—                              (C) the account that funded each such
                                                 (1) is certified by the Director as having               ‘‘(A) PROCEDURES.—                                  project, if applicable; and
                                               been a high-performing employee in a former                ‘‘(i) IN GENERAL.—Subject to subparagraphs            (D) any budgetary transfers, if applicable,
                                               position in the competitive service;                    (B) and (C), the Commissioner, in consulta-            that funded each such project.
                                                 (2) has been separated from the former po-            tion with the Administrator of the General               (c) TECHNICAL AMENDMENT.—Section 422(a)
                                               sition described in paragraph (1) for less than         Services Administration—                               of the Homeland Security Act of 2002 (6
                                               6 years; and                                               ‘‘(I) shall establish procedures by which           U.S.C. 232(a)) is amended by inserting ‘‘sec-
                                                 (3) is qualified for the new position in the          U.S. Customs and Border Protection may                 tion 411(o)(3) of this Act and’’ after ‘‘Admin-
                                               competitive service, as determined by the               conduct maintenance and repair projects
                                                                                                                                                              istrator under’’.
                                               head of the Executive agency making the                 costing not more than $300,000 at any Federal
                                               noncompetitive appointment.                             Government-owned port of entry where the
                                                 (c) LIMITATION ON AUTHORITY.—An indi-                 Office of Field Operations performs any of               SA 5555. Mr. LANKFORD submitted
                                               vidual may not be appointed to a position               the activities described in subparagraphs (A)
                                               under subsection (b) more than once.                    through (G) of subsection (g)(3); and
                                                                                                                                                              an amendment intended to be proposed
                                                 (d) DESIGNATION OF HIGH-PERFORMING EM-                   ‘‘(II) is authorized to perform such mainte-        to amendment SA 5499 submitted by
                                               PLOYEES.—The Director of the Office of Per-             nance and repair projects, subject to the pro-         Mr. REED (for himself and Mr. INHOFE)
                                               sonnel Management shall, in the regulations             cedures described in clause (ii).                      and intended to be proposed to the bill
                                               issued under subsection (b), set forth the cri-            ‘‘(ii) PROCEDURES DESCRIBED.—The proce-
                                               teria for certifying an individual as a ‘‘high-                                                                H.R. 7900, to authorize appropriations
                                                                                                       dures established pursuant to clause (i) shall
                                               performing employee’’ in a former position,             include—                                               for fiscal year 2023 for military activi-
                                               which shall be based on—                                   ‘‘(I) a description of the types of projects        ties of the Department of Defense, for
                                                 (1) the final performance appraisal of the            that may be carried out pursuant to clause             military construction, and for defense
                                               individual in that former position; and                 (i); and




SSpencer on DSK126QN23PROD with SENATE
                                                 (2) a recommendation by the immediate or                                                                     activities of the Department of Energy,
                                                                                                          ‘‘(II) the procedures for identifying and ad-
                                               other supervisor of the individual in that              dressing any impacts on other tenants of fa-           to    prescribe     military   personnel
                                               former position.                                        cilities where such projects will be carried           strengths for such fiscal year, and for
                                                                                                       out.                                                   other purposes; which was ordered to
                                                 SA 5553. Mr. LANKFORD submitted                          ‘‘(iii) PUBLICATION OF PROCEDURES.—All of           lie on the table; as follows:
                                               an amendment intended to be proposed                    the procedures established pursuant to
                                               to amendment SA 5499 submitted by                       clause (i) shall be published in the Federal             At the appropriate place in title XI, insert
                                               Mr. REED (for himself and Mr. INHOFE)                   Register.                                              the following:




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                                               S4932                                             CONGRESSIONAL RECORD — SENATE                                                   September 21, 2022
                                               SEC. lll. MAKING PERMANENT THE DIRECT                   Act for Fiscal Year 2013 (Public Law 112–239;          to amendment SA 5499 submitted by
                                                           HIRE AUTHORITY FOR DOMESTIC                 126 Stat. 2092).
                                                           DEFENSE INDUSTRIAL BASE FACILI-
                                                                                                                                                              Mr. REED (for himself and Mr. INHOFE)
                                                           TIES, THE MAJOR RANGE AND TEST                SA 5557. Mr. DAINES submitted an                     and intended to be proposed to the bill
                                                           FACILITIES BASE, AND THE OFFICE
                                                                                                       amendment intended to be proposed to                   H.R. 7900, to authorize appropriations
                                                           OF   THE   DIRECTOR    OF  OPER-                                                                   for fiscal year 2023 for military activi-
                                                           ATIONAL TEST AND EVALUATION.                amendment SA 5499 submitted by Mr.
                                                 (a) CODIFICATION OF SECTION 1125 OF FY 2017           REED (for himself and Mr. INHOFE) and                  ties of the Department of Defense, for
                                               NDAA.—Chapter 81 of title 10, United States             intended to be proposed to the bill H.R.               military construction, and for defense
                                               Code, is amended by adding at the end a new             7900, to authorize appropriations for                  activities of the Department of Energy,
                                               section consisting of—                                  fiscal year 2023 for military activities               to    prescribe     military   personnel
                                                  (1) a heading as follows:
                                                                                                       of the Department of Defense, for mili-                strengths for such fiscal year, and for
                                               ‘‘§ 1599j. Direct hire authority for domestic
                                                                                                       tary construction, and for defense ac-                 other purposes; which was ordered to
                                                  defense industrial base facilities, the Major                                                               lie on the table; as follows:
                                                  Range and Test Facilities Base, and the Of-          tivities of the Department of Energy,
                                                  fice of the Director of Operational Test and         to    prescribe     military  personnel                  At the appropriate place in title X, insert
                                                  Evaluation’’; and                                    strengths for such fiscal year, and for                the following:
                                                  (2) a text consisting of the text of section         other purposes; which was ordered to                   SEC. llll. USE OF SCIENTIFIC INFORMATION
                                               1125 of the National Defense Authorization              lie on the table; as follows:                                   IN RULEMAKING.
                                               Act for Fiscal Year 2017 (10 U.S.C. 1580 note             At the end of subtitle G of title X, add the           Section 553 of title 5, United States Code,
                                               prec.).                                                 following:                                             is amended by adding at the end the fol-
                                                  (b) CONFORMING AMENDMENTS IN CONNEC-                 SEC. 1077. PROTECTION OF PERSONALLY IDENTI-            lowing:
                                               TION WITH CODIFICATION.—Section 1599j of                             FIABLE INFORMATION CONTAINED
                                                                                                                    IN VESSEL MANIFESTS.
                                                                                                                                                                ‘‘(f) To the extent that an agency makes a
                                               title 10, United States Code, as added by sub-
                                                                                                         (a) IN GENERAL.—Paragraph (2) of section             decision based on science when issuing a rule
                                               section (a), is amended—
                                                                                                       431(c) of the Tariff Act of 1930 (19 U.S.C.            under this section, the agency shall use sci-
                                                  (1) in subsection (a)—
                                                                                                       1431(c)) is amended to read as follows:                entific information, technical procedures,
                                                  (A) by striking ‘‘During each of fiscal years
                                                                                                         ‘‘(2)(A) The information listed in paragraph         measures, methods, protocols, methodolo-
                                               2017 through 2025, the Secretary’’ and insert-
                                                                                                       (1) shall not be available for public disclo-          gies, or models, employed in a manner con-
                                               ing ‘‘The Secretary’’; and
                                                                                                       sure if—                                               sistent with the best available science, and
                                                  (B) by striking ‘‘United States Code,’’; and
                                                                                                         ‘‘(i) the Secretary of the Treasury makes            shall consider as applicable—
                                                  (2) in subsection (b)—
                                                                                                       an affirmative finding on a shipment-by-                 ‘‘(1) the extent to which the scientific in-
                                                  (A) by striking ‘‘During fiscal years 2017
                                                                                                       shipment basis that disclosure is likely to            formation, technical procedures, measures,
                                               through 2021, the Secretary’’ and inserting
                                                                                                       pose a threat of personal injury or property           methods, protocols, methodologies, or mod-
                                               ‘‘The Secretary’’; and
                                                                                                       damage; or                                             els employed to generate the information are
                                                  (B) by striking ‘‘United States Code,’’.
                                                                                                         ‘‘(ii) the information is exempt under the           reasonable for and consistent with the in-
                                                  (c) CLERICAL AMENDMENT.—The table of
                                                                                                       provisions of section 552(b)(1) of title 5,            tended use of the information;
                                               sections at the beginning of chapter 81 of
                                                                                                       United States Code.                                      ‘‘(2) the extent to which the information is
                                               such title is amended by adding at the end
                                                                                                         ‘‘(B) The Secretary shall ensure that any            relevant for use by the head of the agency in
                                               the following new item:
                                                                                                       personally identifiable information, includ-           making a decision related to issuing the
                                               ‘‘1599j. Direct hire authority for domestic de-                                                                rule;
                                                              fense industrial base facilities,        ing Social Security numbers and passport
                                                                                                       numbers, is removed from any manifest                    ‘‘(3) the degree of clarity and completeness
                                                              the Major Range and Test Fa-                                                                    with which the data, assumptions, methods,
                                                              cilities Base, and the Office of         signed, produced, delivered, or electronically
                                                                                                       transmitted under this section before access           quality assurance, and analyses employed to
                                                              the Director of Operational                                                                     generate the information are documented;
                                                              Test and Evaluation.’’.                  to the manifest is provided to the public.’’.
                                                                                                         (b) EFFECTIVE DATE.—The amendment                      ‘‘(4) the extent to which the variability and
                                                  (d) CONFORMING REPEAL.—Section 1125 of                                                                      uncertainty in the information, or in the
                                                                                                       made by subsection (a) shall take effect on
                                               the National Defense Authorization Act for                                                                     procedures, measures, methods, protocols,
                                                                                                       the date that is 30 days after the date of the
                                               Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is                                                                methodologies, or models, are evaluated and
                                                                                                       enactment of this Act.
                                               repealed.                                                                                                      characterized; and
                                                                                                         SA 5558. Mr. LANKFORD submitted                        ‘‘(5) the extent of independent verification
                                                 SA 5556. Mr. LANKFORD submitted                                                                              or peer review of the information or of the
                                                                                                       an amendment intended to be proposed
                                               an amendment intended to be proposed                                                                           procedures, measures, methods, protocols,
                                                                                                       to amendment SA 5499 submitted by
                                               to amendment SA 5499 submitted by                                                                              methodologies, or models.
                                                                                                       Mr. REED (for himself and Mr. INHOFE)
                                               Mr. REED (for himself and Mr. INHOFE)                                                                            ‘‘(g) An agency shall make a decision de-
                                                                                                       and intended to be proposed to the bill
                                               and intended to be proposed to the bill                                                                        scribed in subsection (f) based on the weight
                                                                                                       H.R. 7900, to authorize appropriations
                                               H.R. 7900, to authorize appropriations                                                                         of the scientific evidence.
                                                                                                       for fiscal year 2023 for military activi-
                                               for fiscal year 2023 for military activi-                                                                        ‘‘(h) Each agency shall make available to
                                                                                                       ties of the Department of Defense, for
                                               ties of the Department of Defense, for                                                                         the public—
                                                                                                       military construction, and for defense
                                               military construction, and for defense                                                                           ‘‘(1) all notices, determinations, findings,
                                                                                                       activities of the Department of Energy,                rules, consent agreements, and orders of the
                                               activities of the Department of Energy,
                                                                                                       to    prescribe     military   personnel               head of the agency in connection with a rule;
                                               to    prescribe     military   personnel
                                                                                                       strengths for such fiscal year, and for                  ‘‘(2) a nontechnical summary of each risk
                                               strengths for such fiscal year, and for
                                                                                                       other purposes; which was ordered to                   evaluation conducted in connection with a
                                               other purposes; which was ordered to
                                                                                                       lie on the table; as follows:                          rule; and
                                               lie on the table; as follows:                                                                                    ‘‘(3) a list of the studies considered by the
                                                                                                         At the appropriate place in title V, insert
                                                 At end of subtitle B of title VIII, add the           the following:                                         agency in carrying out each risk evaluation
                                               following:                                              SEC.   5ll.    OPPORTUNITY TO COMPLETE 20              described in paragraph (2), along with a de-
                                               SEC. 829. IMPLEMENTATION OF TRAFFICKING IN                            YEARS OF SERVICE FOR MEMBERS             scription of the results of those studies.’’.
                                                           CONTRACTING PROVISIONS.                                   OF THE ARMED FORCES WHO HAVE
                                                 (a) REQUIREMENT TO REFER VIOLATIONS TO                              NOT RECEIVED A VACCINE FOR
                                               AGENCY SUSPENSION AND DEBARMENT OFFI-                                 COVID–19.                                  SA 5560. Mr. LANKFORD submitted
                                               CIAL.—Section 1704(c)(1) of the National De-              The Secretary of Defense shall permit any            an amendment intended to be proposed
                                               fense Authorization Act for Fiscal Year 2013            member of the Armed Forces who has                     to amendment SA 5499 submitted by
                                               (Public Law 112–239; 22 U.S.C. 7104b(c)(1)) is          reached or exceeded 18 years of satisfactory           Mr. REED (for himself and Mr. INHOFE)
                                               amended—                                                service in the Armed Forces the opportunity            and intended to be proposed to the bill
                                                 (1) by inserting ‘‘refer the matter to the            to complete 20 years of satisfactory service
                                                                                                                                                              H.R. 7900, to authorize appropriations
                                               agency suspension and debarment official                if—
                                               and’’ before ‘‘consider taking one of the fol-            (1) the member has not received a vaccine            for fiscal year 2023 for military activi-
                                               lowing actions’’; and                                   for COVID–19; and                                      ties of the Department of Defense, for




SSpencer on DSK126QN23PROD with SENATE
                                                 (2) by striking subparagraph (G).                       (2) the Secretary is unable to provide clear         military construction, and for defense
                                                 (b) REPORT ON IMPLEMENTATION OF TRAF-                 and convincing evidence that there is a rea-           activities of the Department of Energy,
                                               FICKING IN CONTRACTING PROVISIONS.—Not                  son not to permit the member to complete               to    prescribe     military   personnel
                                               later than 90 days after the date of the enact-         such service other than the fact that mem-             strengths for such fiscal year, and for
                                               ment of this Act, the Director of the Office            ber has not received such vaccine.                     other purposes; which was ordered to
                                               of Management and Budget shall submit to
                                                                                                         SA 5559. Mr. LANKFORD submitted                      lie on the table; as follows:
                                               Congress a report on implementation of title
                                               XVII of the National Defense Authorization              an amendment intended to be proposed                     At end of title XII, add the following:




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S4933
                                                    Subtitle G—Belt and Road Initiative                ties, including telecommunications and crit-             (c) SUBMISSION.—The Chief of Mission shall
                                                                Oversight                              ical infrastructure.                                   submit an annual report to the Under Sec-
                                               SEC. 1281. SHORT TITLE.                                   (c) SUBMISSION AND DISTRIBUTION OF RE-               retary of State for Political Affairs that—
                                                This subtitle may be cited as the ‘‘Belt and           PORT.—                                                   (1) describes the implementation of the
                                               Road Oversight Act’’.                                     (1) INITIAL SUBMISSION.—Not later than 1             strategy developed pursuant to subsection
                                               SEC. 1282. COUNTRY CHINA OFFICER.                       year after the date on which the Secretary of          (a) during the reporting period; and
                                                 (a) DESIGNATION.—Not later than 60 days               State issues the directive described in sub-             (2) assesses specific challenges and oppor-
                                               after the date of the enactment of this Act,            section (a), the Chief of Mission in each              tunities relating to the People’s Republic of
                                               the Secretary of State shall direct all Chiefs          country shall submit the report required               China in the respective country of responsi-
                                               of Mission to designate not fewer than 1 For-           under subsection (a) to the Under Secretary            bility.
                                               eign Service Officer in a United States em-             of State for Political Affairs.                          (d) DISTRIBUTION.—The Under Secretary
                                               bassy or other diplomatic post in each coun-              (2) DISTRIBUTION.—The Under Secretary                shall submit an annual report that summa-
                                               try with whom the United States has diplo-              shall prepare and distribute a report that in-         rizes the information contained in the re-
                                               matic relations as the Country China Officer.           cludes all of the information from the indi-           ports received pursuant to subsection (c) to
                                                 (b) DUTIES.—Each Country China Officer                vidual country reports received pursuant to            the heads of the Bureaus of the Department
                                               shall monitor and report on the activity of             paragraph (1) to—                                      of State, as appropriate.
                                               the People’s Republic of China in his or her              (A) the heads of other Bureaus and agen-             SEC. 1287. PROCUREMENT PROJECTIONS.
                                               country of responsibility, including capital            cies of the Department of State, as appro-               (a) ANNUAL REPORT.—The Country China
                                               investment in critical infrastructure and               priate;                                                Officer at each respective embassy, in con-
                                               other projects associated with the Belt and               (B) the United States International Devel-           sultation with other embassy personnel,
                                               Road Initiative.                                        opment Finance Corporation;                            shall submit an annual report to the Under
                                               SEC. 1283. COMPREHENSIVE REVIEW OF BELT                   (C) the Committee on Foreign Relations of            Secretary of State for Political Affairs
                                                           AND ROAD INITIATIVE PROJECTS.
                                                                                                       the Senate;                                            that—
                                                 (a) REPORT.—Not later than 60 days after                (D) the Committee on Armed Services of                 (1) describes the procurement and infra-
                                               the date of the enactment of this Act, the              the Senate;                                            structure needs of their respective country
                                               Secretary of State shall direct all United                (E) the Select Committee on Intelligence             of responsibility; and
                                               States embassies to prepare a report that de-           of the Senate;                                           (2) assesses specific challenges and oppor-
                                               tails equity and assets within their country                                                                   tunities relating to potential financing by
                                                                                                         (F) the Committee on Finance of the Sen-
                                               of operation that are controlled by the Gov-                                                                   the People’s Republic of China for procure-
                                                                                                       ate;
                                               ernment of the People’s Republic of China.                                                                     ment and infrastructure projects to meet
                                                                                                         (G) the Committee on Foreign Affairs of
                                               Each such report shall be prepared by a                                                                        such needs.
                                                                                                       the House of Representatives;
                                               Country China Officer designated pursuant                                                                        (b) DISTRIBUTION.—The Under Secretary
                                               to section 1282(a) and shall include the infor-           (H) the Committee on Armed Services of
                                                                                                                                                              shall submit an annual report that summa-
                                               mation described in subsection (b).                     the House of Representatives;
                                                                                                                                                              rizes the information contained in the re-
                                                 (b) CONTENTS.—Each report required under                (I) the Permanent Select Committee on In-            ports received pursuant to subsection (a)
                                               subsection (a) shall include—                           telligence of the House of Representatives;            to—
                                                 (1) an assessment of the respective coun-             and                                                      (1) the heads of the Bureaus of the Depart-
                                               try’s overall debt obligations to the People’s            (J) the Committee on Ways and Means of               ment of State, as appropriate; and
                                               Republic of China;                                      the House of Representatives.                            (2) the United States International Devel-
                                                 (2) a list of known infrastructure projects           SEC. 1284. NOTIFICATION OF FUTURE BELT AND             opment Finance Corporation.
                                               in the respective country that are financed                         ROAD INITIATIVE PROJECTS.
                                                                                                                                                              SEC. 1288. SENSE OF CONGRESS REGARDING DE-
                                               from capital provided by—                                 After the reports required under section                          VELOPMENT FINANCE.
                                                 (A) the banking system of the People’s Re-            1283 have been prepared and submitted, the               It is the sense of Congress that, as the Peo-
                                               public of China, including—                             Secretary of State shall require that each             ple’s Republic of China’s influence grows
                                                 (i) policy banks, including—                          Country China Officer notify the Chief of              through infrastructure (particularly infra-
                                                 (I) the China Development Bank;                       Mission of the respective Embassy and the              structure that can easily be shifted from eco-
                                                 (II) the Export-Import Bank of China; and             China Desk at the Department of State of               nomic to military uses), the United States
                                                 (III) the Agricultural Development Bank of            any project described in section 1283(b)(2) not        International Development Finance Corpora-
                                               China;                                                  later than 30 days after the date on which             tion should prioritize providing alternative
                                                 (ii) state-owned commercial banks, includ-            the Country China Officer is made aware of             financing opportunities that increase port
                                               ing—                                                    such project.                                          and air field capacity of countries that—
                                                 (I) the Industrial and Commercial Bank of             SEC. 1285. ANNUAL COMPREHENSIVE REPORT OF                (1) meet the investment criteria set forth
                                               China;                                                              BELT   AND   ROAD   INITIATIVE             in the BUILD Act of 2018 (division F of Pub-
                                                 (II) the Agricultural Bank of China;                              PROJECTS.                                  lic Law 115–254); and
                                                 (III) the China Construction Bank;                      (a) IN GENERAL.—In addition to the reports             (2) are targets of the predatory infrastruc-
                                                 (IV) the Bank of Communications Limited;              required under section 1283 and the notifica-          ture development scheme of the People’s Re-
                                               and                                                     tions required under section 1284, each Coun-          public of China commonly known as the Belt
                                                 (V) the Bank of China;                                try China Officer shall submit an annual re-           and Road Initiative.
                                                 (iii) sovereign wealth funds, including—              port to the Under Secretary of State for Po-                               ---
                                                 (I) the China Investment Corporation;                 litical Affairs, through the Chief of Mission            SA 5561. Mr. LANKFORD submitted
                                                 (II) China Life Insurance Company;                    that contains all of findings relating to Belt         an amendment intended to be proposed
                                                 (III) the China National Social Security              and Road Initiative projects described in sec-         to amendment SA 5499 submitted by
                                               Fund; and                                               tion 1283(b)(2) in the respective country dur-         Mr. REED (for himself and Mr. INHOFE)
                                                 (IV) the Silk Road Fund;                              ing the 12-month reporting period.                     and intended to be proposed to the bill
                                                 (iv) urban commercial banks; and                        (b) DISTRIBUTION.—The Under Secretary                H.R. 7900, to authorize appropriations
                                                 (v) rural financial institutions; and                 shall prepare and distribute an annual report          for fiscal year 2023 for military activi-
                                                 (B) international financing institutions,             containing all of the information from the
                                                                                                                                                              ties of the Department of Defense, for
                                               including—                                              reports received pursuant to subsection (a)
                                                 (i) the World Bank Group;                             to the recipients described in section                 military construction, and for defense
                                                 (ii) the Asian Development Bank;                      1283(c)(2).                                            activities of the Department of Energy,
                                                 (iii) the Asian Infrastructure Investment             SEC. 1286. ANNUAL STRATEGY TO COUNTER THE              to    prescribe     military   personnel
                                               Bank; and                                                           INFLUENCE OF THE PEOPLE’S RE-              strengths for such fiscal year, and for
                                                 (iv) the New Development Bank; and                                PUBLIC OF CHINA.                           other purposes; which was ordered to
                                                 (C) any other financial institution or enti-            (a) IN GENERAL.—The Country China Offi-              lie on the table; as follows:
                                               ty the China Country Officer deems appro-               cer at each respective embassy, in consulta-             At the appropriate place, insert the fol-
                                               priate;                                                 tion with the Chief of Mission for the respec-         lowing:
                                                 (3) the identification of the infrastructure          tive country, shall develop a comprehensive,           SEC. lll. BLENDED FEDERAL WORKFORCE.
                                               projects referred to in paragraph (2) that are          country-specific strategy to counter the in-             (a) IN GENERAL.—Section 1103(c) of title 5,
                                               projects under the Belt and Road Initiative;            fluence of the People’s Republic of China              United States Code, is amended—
                                                 (4) any domestic vulnerabilities that the             within their country of responsibility.




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                                                                                                                                                                 (1) in paragraph (1)—
                                               debts referred to in paragraph (1) could exac-            (b) USE OF STRATEGY.—The strategy devel-                (A) by striking ‘‘(c)(1)’’ and inserting
                                               erbate in the respective country;                       oped pursuant to subsection (a) shall be used          ‘‘(c)(1)(A)’’; and
                                                 (5) a list of the known or speculated collat-         to equip all personnel across all embassies,              (B) by adding at the end the following:
                                               eral listed by the respective country for the           consulates, and other diplomatic posts in the             ‘‘(B)(i) The Office of Personnel Manage-
                                               debts incurred by Belt and Road Initiative              respective country of responsibility to effec-         ment shall collect from Executive agencies,
                                               projects referred to in paragraph (2); and              tively counter the influence of the People’s           other than elements of the intelligence com-
                                                 (6) a list of the known or speculated assets          Republic of China in their respective context          munity (as defined in section 3(4) of the Na-
                                               owned by People’s Republic of China enti-               and country of responsibility.                         tional Security Act of 1947 (50 U.S.C.




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                                               S4934                                             CONGRESSIONAL RECORD — SENATE                                                  September 21, 2022
                                               3003(4))), on at least an annual basis the fol-            (G) The Government Accountability Office              At the end of subtitle E of title XII, add
                                               lowing:                                                 has identified strategic human capital man-            the following:
                                                  ‘‘(I) The total number of persons employed           agement as a high-risk area for the Federal            SEC. 1262. REPORT ON UNITED STATES-COLOM-
                                               directly by the Executive agency.                       Government, adding that critical skills gaps                       BIA COUNTERNARCOTICS PARTNER-
                                                  ‘‘(II) The total number of prime contractor          ‘‘impede the government from cost-effec-                           SHIP.
                                               employees and subcontractor employees, as               tively serving the public and achieving re-              (a) IN GENERAL.—Not later than 90 days
                                               those terms are defined in section 8701 of              sults’’.                                               after the date of the enactment of this Act,
                                               title 41, issued credentials allowing access to            (3) SENSE OF CONGRESS.—It is the sense of           the Secretary of Defense shall submit to the
                                               Executive agency property or computer sys-              Congress that Executive agencies should—               congressional defense committees a report
                                               tems.                                                      (A) manage the entire Federal blended               on the counternarcotics partnership between
                                                  ‘‘(III) The total number of employees of             workforce, including employees, contractors,           the United States and Colombia.
                                               Federal grant and cooperative agreement re-             and grantees, using a comprehensive and ho-
                                                                                                                                                                (b) ELEMENTS.—The report required by sub-
                                               cipients, as those legal instruments are de-            listic approach to advance their missions as           section (a) shall include the following:
                                               scribed in sections 6304 and 6305 of title 31,          effectively and cost efficiently as possible,            (1) A strategy for the Department to en-
                                               respectively, who are issued credentials al-            within appropriated budgets and without                hance coordination with and support for the
                                               lowing access to Executive agency property              using    artificial  numerical   limits   on           Comandos Jungla Antinarcoticos, including
                                               or computer systems.                                    headcounts or full-time-equivalent positions;          through training with United States Special
                                                  ‘‘(IV) A total count of the workforce of the         and                                                    Forces, also known as the Green Berets.
                                               Executive agency, including employees,                     (B) conduct a holistic review of their                (2) An evaluation of the success, as of the
                                               prime contractor employees, subcontractor               blended workforce and develop a comprehen-             date on which the report is submitted, of the
                                               employees, grantee employees, and coopera-              sive plan to ensure an efficient and cost-ef-          support provided by the Department for the
                                               tive agreement employees.                               fective blended workforce.
                                                                                                                                                              efforts of the Policia National de Colombia
                                                  ‘‘(ii) The Office of Personnel Management                                                                   to conduct counternarcotics operations,
                                               shall compile the data collected under clause             SA 5562. Mr. LANKFORD submitted
                                                                                                                                                              eradicate and seize cocaine and coca base,
                                               (i) and issue, and post on its website, an an-          an amendment intended to be proposed                   and train police in rural security positions.
                                               nual report containing the data.’’; and                 to amendment SA 5499 submitted by
                                                  (2) in paragraph (2), by striking ‘‘paragraph        Mr. REED (for himself and Mr. INHOFE)
                                               (1)’’ and inserting ‘‘paragraph (1)(A)’’.               and intended to be proposed to the bill                  SA 5564. Mr. BLUNT (for himself, Mr.
                                                  (b) SENSE OF CONGRESS ON EFFECTIVE AND               H.R. 7900, to authorize appropriations                 DURBIN, Mr. COTTON, Ms. HIRONO, and
                                               EFFICIENT MANAGEMENT OF THE BLENDED                     for fiscal year 2023 for military activi-              Mr. OSSOFF) submitted an amendment
                                               FEDERAL WORKFORCE.—                                     ties of the Department of Defense, for                 intended to be proposed to amendment
                                                  (1) DEFINITION.—In this subsection, the              military construction, and for defense                 SA 5499 submitted by Mr. REED (for
                                               term ‘‘Executive agency’’ has the meaning                                                                      himself and Mr. INHOFE) and intended
                                                                                                       activities of the Department of Energy,
                                               given the term in section 105 of title 5,                                                                      to be proposed to the bill H.R. 7900, to
                                               United States Code.                                     to    prescribe     military   personnel
                                                                                                       strengths for such fiscal year, and for                authorize appropriations for fiscal year
                                                  (2) FINDINGS.—Congress finds the following:
                                                                                                       other purposes; which was ordered to                   2023 for military activities of the De-
                                                  (A) The implementation of Federal laws
                                               and the competent administration of Federal             lie on the table; as follows:                          partment of Defense, for military con-
                                               programs require skilled and capable per-                 At the end of subtitle C of title VII, add           struction, and for defense activities of
                                               sonnel.                                                 the following:                                         the Department of Energy, to prescribe
                                                  (B) Executive agencies depend on a blended           SEC. 753. CONSCIENCE PROTECTIONS FOR MEM-              military personnel strengths for such
                                               workforce that includes Federal employees,                          BERS OF ARMED FORCES WHO PRO-              fiscal year, and for other purposes;
                                               employees of prime contractors and sub-                             VIDE OR ASSIST WITH PROVISION OF
                                                                                                                   HEALTH CARE.
                                                                                                                                                              which was ordered to lie on the table;
                                               contractors performing services to Executive                                                                   as follows:
                                               agencies, and employees of State or local                 (a) IN GENERAL.—The Secretary of Defense
                                               governments, nonprofit organizations, or in-            shall not take any adverse action against a              At the end of subtitle A of title XII, add
                                               stitutions of higher education performing               member of the Armed Forces who provides or             the following:
                                               services to Executive agencies under the                assists in the provision of health care for the        SEC. 1214. ESTABLISHMENT OF JOINT TRAINING
                                               terms of grants and cooperative agreements              Department of Defense (including as a be-                          PIPELINE BETWEEN UNITED STATES
                                                                                                       havioral, mental, or physical health profes-                       NAVY AND ROYAL AUSTRALIAN
                                               (in this subsection referred to as ‘‘grant-
                                                                                                       sional) on the basis that such member de-                          NAVY.
                                               ees’’), all of whom make essential contribu-
                                                                                                       clines to perform, assist, refer for, or other-          (a) SENSE OF CONGRESS.—It is the sense of
                                               tions to achieving the missions of the Gov-
                                                                                                       wise participate in a particular medical pro-          Congress that—
                                               ernment in service to the people of the
                                                                                                       cedure, counseling activity, or course of                (1) the AUKUS partnership between Aus-
                                               United States.                                          treatment because of a sincere religious be-
                                                  (C) Approximately 2,000,000 Federal em-                                                                     tralia, the United Kingdom, and the United
                                                                                                       lief or moral conviction of such member or
                                               ployees help to execute the laws of the                                                                        States presents a significant opportunity to
                                                                                                       because the particular medical procedure,
                                               United States, supplemented by an unknown                                                                      enhance security cooperation in the Indo-Pa-
                                                                                                       counseling activity, or course of treatment
                                               number, estimated to exceed 5,000,000, of em-                                                                  cific region;
                                                                                                       would, in the professional medical judgment
                                               ployees of prime contractors, subcontrac-               of such member, be harmful to the patient.               (2) parties to the AUKUS partnership
                                               tors, and grantees providing services to Ex-              (b) NO IMPACT ON CARE.—The Secretary                 should work expeditiously to implement a
                                               ecutive agencies.                                       shall ensure that no patient is unduly de-             strategic roadmap to successfully deliver ca-
                                                  (D) Policymakers, Executive agencies, and            layed in receiving any medically indicated             pabilities outlined in the agreement;
                                               observers have often focused on individual              care they are otherwise eligible to receive,             (3) the United States should engage with
                                               components of the blended workforce, such               including preventative, emergency, and rou-            industry partners to develop a comprehen-
                                               as employees, without considering all com-              tine care, because of compliance by the Sec-           sive understanding of the requirements need-
                                               ponents or considering the entire blended               retary with subsection (a).                            ed to increase capacity and capability;
                                               workforce and how all 3 components can                    (c) ADVERSE ACTION DEFINED.—In this sec-               (4) Australia should continue to expand its
                                               work most effectively together.                         tion, the term ‘‘adverse action’’ includes any         industrial base to support production and de-
                                                  (E) Executive agencies inhibit their own             adverse personnel action, discrimination, or           livery of future capabilities;
                                               workforce planning and risk making deci-                denial of promotion, schooling, training, or             (5) the delivery of a nuclear-powered sub-
                                               sions that may reduce the overall efficiency            assignment.                                            marine to the Government of Australia
                                               and cost effectiveness of the blended work-                                                                    would require the appropriate training and
                                               force by focusing on only 1 component in iso-             SA 5563. Mr. LANKFORD submitted                      development of future commanding officers
                                               lation.                                                 an amendment intended to be proposed                   to operate such submarines for the Royal
                                                  (F) Establishing artificial limits on                to amendment SA 5499 submitted by                      Australian Navy; and
                                               headcounts or full-time equivalent positions            Mr. REED (for himself and Mr. INHOFE)                    (6) in order to uphold the stewardship of
                                               for Federal employees, administrators, and              and intended to be proposed to the bill                the Naval Nuclear Propulsion Program, the
                                               managerial employees of Executive agencies              H.R. 7900, to authorize appropriations                 Secretary of Defense should work to coordi-
                                               may discourage the employment of interns                                                                       nate an exchange program to integrate and




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       for fiscal year 2023 for military activi-
                                               or entry-level employees to build a balanced                                                                   train Australian sailors for the operation
                                                                                                       ties of the Department of Defense, for                 and maintenance of nuclear-powered sub-
                                               employment pipeline and may inadvertently
                                                                                                       military construction, and for defense                 marines.
                                               encourage managers to shift work to con-
                                               tractors and grantees for the purpose of com-           activities of the Department of Energy,                  (b) EXCHANGE PROGRAM.—The Secretary of
                                               plying with such numerical limits, even if              to    prescribe     military   personnel               Defense, in consultation with the Secretary
                                               those decisions are not justified by an ap-             strengths for such fiscal year, and for                of Energy, shall carry out an exchange pro-
                                               proach to improve the efficiency or cost ef-            other purposes; which was ordered to                   gram for Australian submarine officers dur-
                                               fectiveness of the Executive agency’s work.             lie on the table; as follows:                          ing 2023 and each subsequent year. Under the




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S4935
                                               program, each year, two Australian sub-                 subparagraph (A) if the low power TV station           SEC. 1276. MODIFICATIONS TO SANCTIONS WITH
                                               marine officers shall be selected to partici-           submitting the application—                                        RESPECT TO HUMAN RIGHTS VIOLA-
                                                                                                                                                                          TIONS.
                                               pate in the program. Each such participant                (i) satisfies—
                                               shall—                                                    (I) section 336(f)(2) of the Communications            (a) SENSE OF CONGRESS.—
                                                 (1) receive training in the Navy Nuclear              Act of 1934 (47 U.S.C. 336(f)(2)) and the rules          (1) IN GENERAL.—The Global Magnitsky
                                               Propulsion School;                                      issued under that section, including the re-           Human Rights Accountability Act (22 U.S.C.
                                                 (2) following such training and by not later          quirements under such section 336(f)(2) with           10101 et seq.) is amended by inserting after
                                               than July 1 of the year of participation, en-           respect to locally produced programming,               section 1262 the following:
                                                                                                                                                              ‘‘SEC. 1262A. SENSE OF CONGRESS.
                                               roll in the Submarine Office Basic Course;              except that, for the purposes of this sub-
                                               and                                                     clause, the period described in the matter               ‘‘It is the sense of Congress that the Presi-
                                                 (3) following completion of such course, be           preceding subclause (I) of subparagraph                dent should establish and regularize informa-
                                               assigned to duty on an operational United               (A)(i) of such section 336(f)(2) shall be con-         tion sharing and sanctions-related decision
                                                                                                                                                              making with like-minded governments pos-
                                               States submarine at sea.                                strued to be the 90-day period preceding the
                                                                                                                                                              sessing human rights and anti-corruption
                                                 (c) REPORT.—Not later than 180 days after             date of enactment of this Act; and
                                                                                                                                                              sanctions programs similar in nature to
                                               the date of the enactment of this Act, the                (II) paragraphs (b), (c), and (d) of 73.6001 of
                                                                                                                                                              those authorized under this subtitle.’’.
                                               Secretary of Defense shall submit to the con-           title 47, Code of Federal Regulations, or any
                                                                                                                                                                (2) CLERICAL AMENDMENT.—The table of
                                               gressional defense committees a report on a             successor regulation;
                                                                                                                                                              contents in section 2(b) and in title XII of di-
                                               notional exchange program for Australian                  (ii) demonstrates to the Commission that             vision A of the National Defense Authoriza-
                                               submarine officers that includes initial, fol-          the Class A station for which the license is           tion Act for Fiscal Year 2017 (Public Law
                                               low-on, and recurring training that could be            sought will not cause any interference de-             114–328) are each amended by inserting after
                                               provided to Australian submarine officers in            scribed in section 336(f)(7) of the Communica-         the items relating to section 1262 the fol-
                                               order to prepare such officers for command              tions Act of 1934 (47 U.S.C. 336(f)(7)); and           lowing:
                                               of nuclear-powered Australian submarines.                 (iii) as of the date of enactment of this
                                                                                                                                                              ‘‘Sec. 1262A. Sense of Congress.’’.
                                                                                                       Act, operates in a Designated Market Area                (b) IMPOSITION OF SANCTIONS.—
                                                 SA 5565. Mr. BLUNT (for himself and                   with not more than 95,000 television house-              (1) IN GENERAL.—Section 1263(a) of the
                                               Mr. WYDEN) submitted an amendment                       holds.                                                 Global Magnitsky Human Rights Account-
                                               intended to be proposed to amendment                      (3) APPLICABILITY OF LICENSE.—A license              ability Act (22 U.S.C. 10102) is amended by
                                               SA 5499 submitted by Mr. REED (for                      that accords primary status as a Class A tel-          striking paragraphs (2) through (4) and in-
                                                                                                       evision licensee to a low power TV station as          serting the following:
                                               himself and Mr. INHOFE) and intended                    a result of the rule with respect to which the
                                               to be proposed to the bill H.R. 7900, to                                                                         ‘‘(2) is a current or former government offi-
                                                                                                       Commission is required to issue notice under           cial, or a person acting for or on behalf of
                                               authorize appropriations for fiscal year                paragraph (1) shall—                                   such an official, who is responsible for or
                                               2023 for military activities of the De-                   (A) be subject to the same license terms             complicit in, or has directly or indirectly en-
                                               partment of Defense, for military con-                  and renewal standards as a license for a full          gaged in—
                                               struction, and for defense activities of                power television broadcast station, except as            ‘‘(A) corruption, including—
                                               the Department of Energy, to prescribe                  otherwise expressly provided in this sub-                ‘‘(i) the misappropriation of state assets;
                                               military personnel strengths for such                   section; and                                             ‘‘(ii) the expropriation of private assets for
                                                                                                         (B) require the low power TV station to re-          personal gain;
                                               fiscal year, and for other purposes;                    main in compliance with paragraph (2)(B)
                                               which was ordered to lie on the table;                                                                           ‘‘(iii) corruption related to government
                                                                                                       during the term of the license.                        contracts or the extraction of natural re-
                                               as follows:                                               (d) REPORTING.—Not later than 1 year after           sources; or
                                                 At the appropriate place, insert the fol-             the date of enactment of this Act, the Com-              ‘‘(iv) bribery; or
                                               lowing:                                                 mission shall submit to the Committee on                 ‘‘(B) the transfer or facilitation of the
                                               SEC. lll. LOW POWER TV STATIONS.                        Commerce, Science, and Transportation of               transfer of the proceeds of corruption;
                                                 (a) DEFINITIONS.—In this section—                     the Senate and the Committee on Energy                   ‘‘(3) is or has been a leader or official of—
                                                 (1) the term ‘‘Commission’’ means the Fed-            and Commerce of the House of Representa-                 ‘‘(A) an entity, including a government en-
                                               eral Communications Commission;                         tives a report regarding the implementation            tity, that has engaged in, or whose members
                                                 (2) the term ‘‘Designated Market Area’’               of this section, which shall include—
                                                                                                                                                              have engaged in, any of the activities de-
                                               means—                                                    (1) a list of the current, as of the date on
                                                                                                                                                              scribed in paragraph (1) or (2) related to the
                                                 (A) a Designated Market Area determined               which the report is submitted, licensees that
                                                                                                                                                              tenure of the leader or official; or
                                               by Nielsen Media Research or any successor              have been accorded primary status as Class
                                                                                                                                                                ‘‘(B) an entity whose property and inter-
                                               entity; or                                              A television licensees; and
                                                                                                                                                              ests in property are blocked pursuant to this
                                                 (B) a Designated Market Area under a sys-               (2) of the licensees described in paragraph
                                                                                                                                                              section as a result of activities related to the
                                               tem of dividing television broadcast station            (1), an identification of each such licensee
                                                                                                                                                              tenure of the leader or official;
                                               licensees into local markets using a system             that has been accorded the status described
                                                                                                                                                                ‘‘(4) has materially assisted, sponsored, or
                                               that the Commission determines is equiva-               in that paragraph because of the implemen-
                                                                                                                                                              provided financial, material, or techno-
                                               lent to the system established by Nielsen               tation of this section.
                                                                                                                                                              logical support for, or goods or services to or
                                                                                                         (e) RULE OF CONSTRUCTION.—Nothing in
                                               Media Research; and                                                                                            in support of—
                                                                                                       this section may be construed to affect a de-
                                                 (3) the term ‘‘low power TV station’’ has             cision of the Commission relating to comple-             ‘‘(A) an activity described in paragraph (1)
                                               the meaning given the term ‘‘digital low                tion of the transition, relocation, or reim-           or (2) that is conducted by a foreign person;
                                               power TV station’’ in section 74.701 of title           bursement of entities as a result of the sys-            ‘‘(B) a person whose property and interests
                                               47, Code of Federal Regulations, or any suc-            tems of competitive bidding conducted pur-             in property are blocked pursuant to this sec-
                                               cessor regulation.                                      suant to title VI of the Middle Class Tax Re-          tion; or
                                                 (b) PURPOSE.—The purpose of this section              lief and Job Creation Act of 2012 (47 U.S.C.             ‘‘(C) an entity, including a government en-
                                               is to provide low power TV stations with a              1401 et seq.), and the amendments made by              tity, that has engaged in, or whose members
                                               limited window of opportunity to apply for              that title, that are collectively commonly             have engaged in, an activity described in
                                               the opportunity to be accorded primary sta-             referred to as the ‘‘Television Broadcast In-          paragraph (1) or (2) conducted by a foreign
                                               tus as Class A television licensees.                    centive Auction’’.                                     person; or
                                                 (c) RULEMAKING.—                                                                                               ‘‘(5) is owned or controlled by, or has acted
                                                 (1) IN GENERAL.—Not later than 90 days                  SA 5566. Mr. CARDIN submitted an                     or been purported to act for or on behalf of,
                                               after the date of enactment of this Act, the            amendment intended to be proposed to                   directly or indirectly, a person whose prop-
                                               Commission shall issue a notice of proposed                                                                    erty and interests in property are blocked
                                                                                                       amendment SA 5499 submitted by Mr.
                                               rulemaking to issue a rule that contains the                                                                   pursuant to this section.’’.
                                               requirements described in this subsection.              REED (for himself and Mr. INHOFE) and                    (2) CONSIDERATION OF CERTAIN INFORMA-
                                                 (2) REQUIREMENTS.—                                    intended to be proposed to the bill H.R.               TION.—Subsection (c)(2) of such section is
                                                 (A) IN GENERAL.—The rule with respect to              7900, to authorize appropriations for                  amended by inserting ‘‘corruption and’’ after
                                               which the Commission is required to issue               fiscal year 2023 for military activities               ‘‘monitor’’.
                                               notice under paragraph (1) shall provide                of the Department of Defense, for mili-                  (3) REQUESTS BY CONGRESS.—Subsection
                                               that, during the 1-year period beginning on                                                                    (d)(2) of such section is amended to read as




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       tary construction, and for defense ac-
                                               the date on which that rule takes effect, a             tivities of the Department of Energy,                  follows:
                                               low power TV station may apply to the Com-                                                                       ‘‘(2) REQUIREMENTS.—A request under para-
                                                                                                       to    prescribe     military  personnel
                                               mission to be accorded primary status as a                                                                     graph (1) with respect to whether a foreign
                                               Class A television licensee under section               strengths for such fiscal year, and for                person has engaged in an activity described
                                               73.6001 of title 47, Code of Federal Regula-            other purposes; which was ordered to                   in subsection (a) shall be submitted to the
                                               tions, or any successor regulation.                     lie on the table; as follows:                          President in writing jointly by the chair-
                                                 (B)    CONSIDERATIONS.—The      Commission              At the end of subtitle F of title XII, add           person and ranking member of one of the ap-
                                               may approve an application submitted under              the following:                                         propriate congressional committees.’’.




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                                               S4936                                             CONGRESSIONAL RECORD — SENATE                                                   September 21, 2022
                                                 (c) REPORTS TO CONGRESS.—Section 1264(a)              published under subsection (a) if the govern-          cooperating with the governments of other
                                               of the Global Magnitsky Human Rights Ac-                ment of such country is making efforts to              countries to extradite corrupt actors;
                                               countability Act (22 U.S.C. 10103(a)) is                comply with the minimum standards set                    (8) whether the government of the country
                                               amended—                                                forth in section 1284, but is not achieving the        recognizes the rights of victims of corrup-
                                                 (1) in paragraph (5), by striking ‘‘; and’’ and       requisite level of compliance to be ranked as          tion, ensures their access to justice, and
                                               inserting a semicolon;                                  a tier 1 country.                                      takes steps to prevent victims from being
                                                 (2) in paragraph (6), by striking the period            (d) TIER 3 COUNTRIES.—A country shall be             further victimized or persecuted by corrupt
                                               at the end and inserting a semicolon; and               ranked as a tier 3 country in the ranking              actors, government officials, or others;
                                                 (3) by adding at the end the following:               published under subsection (a) if the govern-            (9) whether the government of the country
                                                 ‘‘(7) a description of additional steps taken         ment of such country is making de minimis              protects victims of corruption or whistle-
                                               by the President through diplomacy, inter-              or no efforts to comply with the minimum               blowers from reprisal due to such persons
                                               national engagement, and assistance to for-             standards set forth in section 1284.                   having assisted in exposing corruption, and
                                               eign or security sectors to address persistent          SEC. 1284. MINIMUM STANDARDS FOR THE ELIMI-            refrains from other discriminatory treat-
                                               underlying causes of conduct giving rise to                          NATION OF CORRUPTION AND AS-              ment of such persons;
                                                                                                                    SESSMENT OF EFFORTS TO COMBAT
                                               the imposition of sanctions under this sec-                          CORRUPTION.
                                                                                                                                                                (10) whether the government of the coun-
                                               tion, as amended on or after the date of the                                                                   try is willing and able to recover and, as ap-
                                                                                                         (a) IN GENERAL.—The government of a
                                               enactment of this paragraph, in each coun-              country is complying with the minimum                  propriate, return the proceeds of corruption;
                                               try in which foreign persons with respect to            standards for the elimination of corruption if           (11) whether the government of the coun-
                                               which such sanctions have been imposed are              the government—                                        try is taking steps to implement financial
                                               located; and                                              (1) has enacted and implemented laws and             transparency measures in line with the Fi-
                                                 ‘‘(8) a description of additional steps taken         established government structures, policies,           nancial Action Task Force recommenda-
                                               by the President to ensure the pursuit of ju-           and practices that prohibit corruption, in-            tions, including due diligence and beneficial
                                               dicial accountability in appropriate jurisdic-          cluding significant corruption;                        ownership transparency requirements;
                                               tions with respect to foreign persons subject             (2) enforces the laws described in para-               (12) whether the government of the coun-
                                               to sanctions under this section.’’.                     graph (1) by punishing any person who is               try is facilitating corruption in other coun-
                                                                     ---                                                                                      tries in connection with state-directed in-
                                                                                                       found, through a fair judicial process, to
                                                 SA 5567. Mr. CARDIN submitted an                      have violated such laws;                               vestment, loans or grants for major infra-
                                               amendment intended to be proposed to                      (3) prescribes punishment for significant            structure, or other initiatives; and
                                               amendment SA 5499 submitted by Mr.                      corruption that is commensurate with the                 (13) such other information relating to cor-
                                               REED (for himself and Mr. INHOFE) and                   punishment prescribed for serious crimes;              ruption as the Secretary of State considers
                                               intended to be proposed to the bill H.R.                and                                                    appropriate.
                                                                                                                                                                (c) ASSESSING GOVERNMENT EFFORTS TO
                                               7900, to authorize appropriations for                     (4) is making serious and sustained efforts
                                                                                                                                                              COMBAT CORRUPTION IN RELATION TO REL-
                                               fiscal year 2023 for military activities                to address corruption, including through pre-          EVANT INTERNATIONAL COMMITMENTS.—In de-
                                               of the Department of Defense, for mili-                 vention.                                               termining whether a government is making
                                                                                                         (b) FACTORS FOR ASSESSING GOVERNMENT
                                               tary construction, and for defense ac-                                                                         serious and sustained efforts to address cor-
                                                                                                       EFFORTS TO COMBAT CORRUPTION.—In deter-
                                               tivities of the Department of Energy,                                                                          ruption, the Secretary of State shall con-
                                                                                                       mining whether a government is making se-
                                               to    prescribe     military  personnel                                                                        sider the government of a country’s compli-
                                                                                                       rious and sustained efforts to address corrup-
                                                                                                                                                              ance with the following, as relevant:
                                               strengths for such fiscal year, and for                 tion, the Secretary of State shall consider,
                                                                                                                                                                (1) The Inter-American Convention against
                                               other purposes; which was ordered to                    to the extent relevant or appropriate, factors
                                                                                                                                                              Corruption of the Organization of American
                                               lie on the table; as follows:                           such as—
                                                                                                                                                              States, done at Caracas March 29, 1996.
                                                                                                         (1) whether the government of the country
                                                 At the end of title XII, add the following:                                                                    (2) The Convention on Combating Bribery
                                                                                                       has criminalized corruption, investigates and
                                                 Subtitle G—Combating Global Corruption                                                                       of Foreign Public Officials in International
                                                                                                       prosecutes acts of corruption, and convicts
                                               SEC. 1281. SHORT TITLE.
                                                                                                                                                              Business Transactions of the Organisation of
                                                                                                       and sentences persons responsible for such
                                                                                                                                                              Economic Co-operation and Development,
                                                 This subtitle may be cited as the ‘‘Com-              acts over which it has jurisdiction, includ-
                                                                                                                                                              done at Paris December 21, 1997 (commonly
                                               bating Global Corruption Act of 2022’’.                 ing, as appropriate, incarcerating individuals
                                                                                                                                                              referred to as the ‘‘Anti-Bribery Conven-
                                               SEC. 1282. DEFINITIONS.                                 convicted of such acts;
                                                                                                                                                              tion’’).
                                                  In this subtitle:                                      (2) whether the government of the country
                                                                                                                                                                (3) The United Nations Convention against
                                                  (1) CORRUPT ACTOR.—The term ‘‘corrupt                vigorously investigates, prosecutes, con-
                                                                                                                                                              Transnational Organized Crime, done at New
                                               actor’’ means—                                          victs, and sentences public officials who par-
                                                                                                                                                              York November 15, 2000.
                                                  (A) any foreign person or entity that is a           ticipate in or facilitate corruption, including
                                                                                                                                                                (4) The United Nations Convention against
                                               government official or government entity re-            nationals of the country who are deployed in
                                                                                                                                                              Corruption, done at New York October 31,
                                               sponsible for, or complicit in, an act of cor-          foreign military assignments, trade delega-
                                                                                                                                                              2003.
                                               ruption; and                                            tions abroad, or other similar missions, who
                                                                                                                                                                (5) Such other treaties, agreements, and
                                                  (B) any company, in which a person or en-            engage in or facilitate significant corrup-
                                                                                                                                                              international standards as the Secretary of
                                               tity described in subparagraph (A) has a sig-           tion;
                                                                                                                                                              State considers appropriate.
                                               nificant stake, which is responsible for, or              (3) whether the government of the country
                                                                                                                                                              SEC. 1285. IMPOSITION OF SANCTIONS UNDER
                                               complicit in, an act of corruption.                     has adopted measures to prevent corruption,                        GLOBAL    MAGNITSKY     HUMAN
                                                  (2) CORRUPTION.—The term ‘‘corruption’’              such as measures to inform and educate the                         RIGHTS ACCOUNTABILITY ACT.
                                               means the unlawful exercise of entrusted                public, including potential victims, about               (a) IN GENERAL.—The Secretary of State,
                                               public power for private gain, including by             the causes and consequences of corruption;             in coordination with the Secretary of the
                                               bribery, nepotism, fraud, or embezzlement.                (4) what steps the government of the coun-           Treasury, should evaluate whether there are
                                                  (3) SIGNIFICANT CORRUPTION.—The term                 try has taken to prohibit government offi-             foreign persons engaged in significant cor-
                                               ‘‘significant corruption’’ means corruption             cials from participating in, facilitating, or          ruption for the purposes of potential imposi-
                                               committed at a high level of government                 condoning corruption, including the inves-             tion    of    sanctions   under    the     Global
                                               that has some or all of the following charac-           tigation, prosecution, and conviction of such          Magnitsky Human Rights Accountability
                                               teristics:                                              officials;                                             Act (subtitle F of title XII of Public Law 114–
                                                  (A) Illegitimately distorts major decision-            (5) the extent to which the country pro-             328; 22 U.S.C. 2656 note)—
                                               making, such as policy or resource deter-               vides access, or, as appropriate, makes ade-             (1) in all countries identified as tier 3 coun-
                                               minations, or other fundamental functions of            quate resources available, to civil society or-        tries under section 1283; or
                                               governance.                                             ganizations and other institutions to combat             (2) in relation to the planning or construc-
                                                  (B) Involves economically or socially                corruption,     including   reporting,    inves-       tion or any operation of the Nord Stream 2
                                               large-scale government activities.                      tigating, and monitoring;                              pipeline.
                                               SEC. 1283. PUBLICATION OF TIERED RANKING                  (6) whether an independent judiciary or ju-            (b) REPORT REQUIRED.—Not later than 180
                                                           LIST.                                       dicial body in the country is responsible for,         days after publishing the list required by
                                                 (a) IN GENERAL.—The Secretary of State                and effectively capable of, deciding corrup-           section 1283(a) and annually thereafter, the
                                               shall annually publish, on a publicly acces-            tion cases impartially, on the basis of facts          Secretary of State shall submit to the com-
                                               sible website, a tiered ranking of all foreign          and in accordance with the law, without any            mittees specified in subsection (f) a report




SSpencer on DSK126QN23PROD with SENATE
                                               countries.                                              improper restrictions, influences, induce-             that includes—
                                                 (b) TIER 1 COUNTRIES.—A country shall be              ments, pressures, threats, or interferences              (1) a list of foreign persons with respect to
                                               ranked as a tier 1 country in the ranking               (direct or indirect);                                  which the President imposed sanctions pur-
                                               published under subsection (a) if the govern-             (7) whether the government of the country            suant to the evaluation under subsection (a);
                                               ment of such country is complying with the              is assisting in international investigations of          (2) the dates on which such sanctions were
                                               minimum standards set forth in section 1284.            transnational corruption networks and in               imposed;
                                                 (c) TIER 2 COUNTRIES.—A country shall be              other cooperative efforts to combat signifi-             (3) the reasons for imposing such sanc-
                                               ranked as a tier 2 country in the ranking               cant corruption, including, as appropriate,            tions; and




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S4937
                                                 (4) a list of all foreign persons found to              (1) Congress and the executive branch have           project, cultural organization, exchange pro-
                                               have been engaged in significant corruption             recognized the importance of preventing and            gram, or nongovernmental organization that
                                               in relation to the planning, construction, or           mitigating the potential for conflicts of in-          is more than 33 percent owned or controlled
                                               operation of the Nord Stream 2 pipeline.                terest following government service, includ-           by the government of such country.
                                                 (c) FORM OF REPORT.—Each report required              ing with respect to senior United States offi-           ‘‘(B) REPRESENTATION.—The term ‘rep-
                                               by subsection (b) shall be submitted in un-             cials working on behalf of foreign govern-             resentation’ does not include representation
                                               classified form but may include a classified            ments; and                                             by an attorney, who is duly licensed and au-
                                               annex.                                                    (2) Congress and the executive branch                thorized to provide legal advice in a United
                                                 (d) BRIEFING IN LIEU OF REPORT.—The Sec-              should jointly evaluate the status and scope           States jurisdiction, of a person or entity in a
                                               retary of State, in coordination with the               of post-employment restrictions.                       legal capacity or for the purposes of ren-
                                               Secretary of the Treasury, may (except with               (b) RESTRICTIONS.—Section 1 of the State             dering legal advice.
                                               respect to the list required by subsection              Department Basic Authorities Act of 1956 (22             ‘‘(6) NOTICE OF RESTRICTIONS.—Any person
                                               (b)(4)) provide a briefing to the committees            U.S.C. 2651a) is amended by adding at the end          subject to the restrictions of this subsection
                                               specified in subsection (f) instead of submit-          the following:                                         shall be provided notice of these restrictions
                                               ting a written report required under sub-                 ‘‘(m) EXTENDED POST-EMPLOYMENT RE-                   by the Department of State upon appoint-
                                               section (b), if doing so would better serve ex-         STRICTIONS FOR CERTAIN SENATE-CONFIRMED
                                                                                                                                                              ment by the President, and subsequently
                                               isting United States anti-corruption efforts            OFFICIALS.—
                                                                                                                                                              upon termination of service with the Depart-
                                               or the national interests of the United                   ‘‘(1) SECRETARY OF STATE AND DEPUTY SEC-
                                                                                                                                                              ment of State.
                                               States.                                                 RETARY OF STATE.—With respect to a person
                                                                                                                                                                ‘‘(7) EFFECTIVE DATE.—The restrictions
                                                 (e) TERMINATION OF REQUIREMENTS RELAT-                serving as the Secretary of State or Deputy
                                                                                                                                                              under this subsection shall apply only to per-
                                               ING TO NORD STREAM 2.—The requirements                  Secretary of State, the restrictions described
                                                                                                                                                              sons who are appointed by the President to
                                               under subsections (a)(2) and (b)(4) shall ter-          in section 207(f)(1) of title 18, United States
                                                                                                                                                              the positions referenced in this subsection on
                                               minate on the date that is 5 years after the            Code, shall apply to representing, aiding, or
                                                                                                                                                              or after 120 days after the date of the enact-
                                               date of the enactment of this Act.                      advising a foreign governmental entity be-
                                                 (f) COMMITTEES SPECIFIED.—The commit-                                                                        ment of this subsection.
                                                                                                       fore an officer or employee of the executive
                                               tees specified in this subsection are—                                                                           ‘‘(8) SUNSET.—The enhanced restrictions
                                                                                                       branch of the United States at any time
                                                 (1) the Committee on Foreign Relations,                                                                      under paragraph (3) shall expire on the date
                                                                                                       after the termination of that person’s service
                                               the Committee on Appropriations, the Com-               as Secretary or Deputy Secretary.                      that is 7 years after the date of the enact-
                                               mittee on Banking, Housing, and Urban Af-                 ‘‘(2) UNDER SECRETARIES, ASSISTANT SECRE-            ment of this subsection.’’.
                                               fairs, and the Committee on the Judiciary of            TARIES, AND AMBASSADORS.—With respect to
                                               the Senate; and                                         a person serving as an Under Secretary, As-              SA 5569. Mr. TOOMEY (for himself
                                                 (2) the Committee on Foreign Affairs, the             sistant Secretary, or Ambassador at the De-            and Mr. CARDIN) submitted an amend-
                                               Committee on Appropriations, the Com-                   partment of State or the United States Per-            ment intended to be proposed to
                                               mittee on Financial Services, and the Com-              manent Representative to the United Na-                amendment SA 5499 submitted by Mr.
                                               mittee on the Judiciary of the House of Rep-            tions, the restrictions described in section           REED (for himself and Mr. INHOFE) and
                                               resentatives.                                           207(f)(1) of title 18, United States Code, shall
                                                                                                                                                              intended to be proposed to the bill H.R.
                                               SEC. 1286. DESIGNATION OF EMBASSY ANTI-COR-             apply to representing, aiding, or advising a
                                                           RUPTION POINTS OF CONTACT.                  foreign governmental entity before an officer          7900, to authorize appropriations for
                                                 (a) IN GENERAL.—The Secretary of State                or employee of the executive branch of the             fiscal year 2023 for military activities
                                               shall annually designate an anti-corruption             United States for 3 years after the termi-             of the Department of Defense, for mili-
                                               point of contact at the United States diplo-            nation of that person’s service in a position          tary construction, and for defense ac-
                                               matic post to each country identified as tier           described in this paragraph, or the duration           tivities of the Department of Energy,
                                               2 or tier 3 under section 1283, or which the            of the term or terms of the President who              to    prescribe     military  personnel
                                               Secretary otherwise determines is in need of            appointed that person to their position,               strengths for such fiscal year, and for
                                               such a point of contact. The point of contact           whichever is longer.
                                               shall be the chief of mission or the chief of             ‘‘(3) ENHANCED RESTRICTIONS FOR POST-EM-
                                                                                                                                                              other purposes; which was ordered to
                                               mission’s designee.                                     PLOYMENT WORK ON BEHALF OF CERTAIN COUN-               lie on the table; as follows:
                                                 (b) RESPONSIBILITIES.—Each anti-corrup-               TRIES OF CONCERN.—                                      At the end of title XII, add the following:
                                               tion point of contact designated under sub-               ‘‘(A) IN GENERAL.—With respect to all                Subtitle G—Masih Alinejad HUNT Act of 2022
                                               section (a) shall be responsible for enhancing          former officials listed in this subsection, the
                                               coordination and promoting the implementa-                                                                     SEC. 1281. SHORT TITLE.
                                                                                                       restrictions described in paragraphs (1) and
                                               tion of a whole-of-government approach                  (2) shall apply to representing, aiding, or ad-          This title may be cited as the ‘‘Masih
                                               among the relevant Federal departments and              vising a country of concern described in sub-          Alinejad Harassment and Unlawful Tar-
                                               agencies undertaking efforts to—                        paragraph (B) before an officer or employee            geting Act of 2022’’ or the ‘‘Masih Alinejad
                                                 (1) promote good governance in foreign                of the executive branch of the United States           HUNT Act of 2022’’.
                                               countries; and                                          at any time after the termination of that              SEC. 1282. FINDINGS.
                                                 (2) enhance the ability of such countries—            person’s service in a position described in              Congress finds that the Government of the
                                                 (A) to combat public corruption; and                  paragraph (1) or (2).                                  Islamic Republic of Iran surveils, harasses,
                                                 (B) to develop and implement corruption                 ‘‘(B) COUNTRIES SPECIFIED.—In this para-             terrorizes, tortures, abducts, and murders in-
                                               risk assessment tools and mitigation strate-            graph, the term ‘country of concern’ means—            dividuals who peacefully defend human
                                               gies.                                                     ‘‘(i) the People’s Republic of China;                rights and freedoms in Iran, and innocent en-
                                                 (c) TRAINING.—The Secretary of State shall              ‘‘(ii) the Russian Federation;                       tities and individuals considered by the Gov-
                                               implement appropriate training for anti-cor-              ‘‘(iii) the Islamic Republic of Iran;                ernment of Iran to be enemies of that re-
                                               ruption points of contact designated under                ‘‘(iv) the Democratic People’s Republic of           gime, including United States citizens on
                                               subsection (a).                                         Korea;                                                 United States soil, and takes foreign nation-
                                                                                                         ‘‘(v) the Republic of Cuba; and                      als hostage, including in the following in-
                                                 SA 5568. Mr. CARDIN submitted an
                                                                                                         ‘‘(vi) the Syrian Arab Republic.                     stances:
                                               amendment intended to be proposed to                      ‘‘(4) PENALTIES AND INJUNCTIONS.—Any vio-              (1) In 2021, Iranian intelligence agents were
                                               amendment SA 5499 submitted by Mr.                      lations of the restrictions in paragraphs (1)          indicted for plotting to kidnap United States
                                               REED (for himself and Mr. INHOFE) and                   or (2) shall be subject to the penalties and in-       citizen, women’s rights activist, and jour-
                                               intended to be proposed to the bill H.R.                junctions provided for under section 216 of            nalist Masih Alinejad, from her home in New
                                               7900, to authorize appropriations for                   title 18, United States Code.                          York City, in retaliation for exercising her
                                               fiscal year 2023 for military activities                  ‘‘(5) DEFINITIONS.—In this subsection:               rights under the First Amendment to the
                                               of the Department of Defense, for mili-                   ‘‘(A) FOREIGN GOVERNMENT ENTITY.—The                 Constitution of the United States. Iranian
                                               tary construction, and for defense ac-                  term ‘foreign governmental entity’ in-                 agents allegedly spent at least approxi-
                                                                                                       cludes—                                                mately half a million dollars to capture the
                                               tivities of the Department of Energy,                     ‘‘(i) any person employed by—                        outspoken critic of the authoritarianism of
                                               to    prescribe     military  personnel                   ‘‘(I) any department, agency, or other enti-         the Government of Iran, and studied evacu-
                                               strengths for such fiscal year, and for                 ty of a foreign government at the national,            ating her by military-style speedboats to
                                               other purposes; which was ordered to                    regional, or local level;                              Venezuela before rendition to Iran.




SSpencer on DSK126QN23PROD with SENATE
                                               lie on the table; as follows:                             ‘‘(II) any governing party or coalition of a           (2) Prior to the New York kidnapping plot,
                                                 At the end of subtitle G of title X, add the          foreign government at the national, re-                Ms. Alinejad’s family in Iran was instructed
                                               following:                                              gional, or local level; or                             by authorities to lure Ms. Alinejad to Tur-
                                               SEC. 1077. POST-EMPLOYMENT RESTRICTIONS ON                ‘‘(III) any entity majority-owned or major-          key. In an attempt to intimidate her into si-
                                                            SENATE-CONFIRMED OFFICIALS AT              ity-controlled by a foreign government at              lence, the Government of Iran arrested 3 of
                                                            THE DEPARTMENT OF STATE.                   the national, regional, or local level; and            Ms. Alinejad’s family members in 2019, and
                                                 (a) SENSE OF CONGRESS.—It is the sense of               ‘‘(ii) in the case of a country described in         sentenced her brother to 8 years in prison for
                                               Congress that—                                          paragraph (3)(B), any company, economic                refusing to denounce her.




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                                               S4938                                             CONGRESSIONAL RECORD — SENATE                                                   September 21, 2022
                                                  (3) According to Federal prosecutors, the            poet Roya Hakakian to warn her that she                  (B) the Committee on Financial Services
                                               same Iranian intelligence network that al-              was the target of an assassination plot or-            and the Committee on Foreign Affairs of the
                                               legedly plotted to kidnap Ms. Alinejad is               chestrated by the Government of Iran.                  House of Representatives.
                                               also targeting critics of the Government of               (16) In 2019, the Government of Denmark                (3) CORRESPONDENT ACCOUNT; PAYABLE-
                                               Iran who live in Canada, the United King-               accused the Government of Iran of directing            THROUGH      ACCOUNT.—The      terms     ‘‘cor-
                                               dom, and the United Arab Emirates.                      the assassination of Iranian Arab activist             respondent account’’ and ‘‘payable-through
                                                  (4) In 2021, an Iranian diplomat was con-            Ahmad Mola Nissi, in The Hague, and the as-            account’’ have the meanings given those
                                               victed in Belgium of attempting to carry out            sassination of another opposition figure,              terms in section 5318A of title 31, United
                                               a 2018 bombing of a dissident rally in France.          Reza Kolahi Samadi, who was murdered near              States Code.
                                                  (5) In 2021, a Danish high court found a             Amsterdam in 2015.                                       (4) FOREIGN FINANCIAL INSTITUTION.—The
                                               Norwegian citizen of Iranian descent guilty               (17) In 2018, German security forces                 term ‘‘foreign financial institution’’ has the
                                               of illegal espionage and complicity in a                searched for 10 alleged spies who were work-           meaning of that term as determined by the
                                               failed plot to kill an Iranian Arab dissident           ing for Iran’s al-Quds Force to collect infor-         Secretary of the Treasury pursuant to sec-
                                               figure in Denmark.                                      mation on targets related to the local Jewish          tion 104(i) of the Comprehensive Iran Sanc-
                                                  (6) In 2021, the British Broadcasting Cor-           community, including kindergartens.                    tions, Accountability, and Divestment Act of
                                               poration (BBC) appealed to the United Na-                 (18) In 2017, Germany convicted a Pakistani          2010 (22 U.S.C. 8513(i)).
                                               tions to protect BBC Persian employees in               man for working as an Iranian agent to spy               (5) FOREIGN PERSON.—The term ‘‘foreign
                                               London who suffer regular harassment and                on targets including a former German law-              person’’ means any individual or entity that
                                               threats of kidnapping by Iranian government             maker and a French-Israeli economics pro-              is not a United States person.
                                               agents.                                                                                                          (6) UNITED STATES PERSON.—The term
                                                                                                       fessor.
                                                  (7) In 2021, 15 militants allegedly working                                                                 ‘‘United States person’’ means—
                                                                                                         (19) In 2012, an Iranian American pleaded
                                               on behalf of the Government of Iran were ar-                                                                     (A) a United States citizen or an alien law-
                                                                                                       guilty to conspiring with members of the
                                               rested in Ethiopia for plotting to attack citi-                                                                fully admitted for permanent residence to
                                                                                                       Iranian military to bomb a popular Wash-
                                               zens of Israel, the United States, and the                                                                     the United States; or
                                                                                                       ington, DC, restaurant with the aim of assas-
                                               United Arab Emirates, according to United                                                                        (B) an entity organized under the laws of
                                                                                                       sinating the ambassador of Saudi Arabia to
                                               States officials.                                                                                              the United States or any jurisdiction within
                                                                                                       the United States.
                                                  (8) In 2020, Iranian agents allegedly kid-                                                                  the United States, including a foreign branch
                                                                                                         (20) In 1996, agents of the Government of
                                               napped United States resident and Iranian-                                                                     of such an entity.
                                                                                                       Iran allegedly assassinated 5 Iranian dis-
                                               German journalist Jamshid Sharmahd, while
                                               he was traveling to India through Dubai. Ira-           sident exiles across Turkey, Pakistan, and             SEC. 1284. REPORT AND IMPOSITION OF SANC-
                                               nian authorities announced they had seized              Baghdad, over a 5-month period that year.                          TIONS WITH RESPECT TO PERSONS
                                               Mr. Sharmahd in ‘‘a complex operation’’, and              (21) In 1992, the Foreign and Common-                            WHO ARE RESPONSIBLE FOR OR
                                                                                                       wealth Office of the United Kingdom ex-                            COMPLICIT IN ABUSES TOWARD DIS-
                                               paraded him blindfolded on state television.                                                                               SIDENTS ON BEHALF OF THE GOV-
                                               Mr. Sharmahd is arbitrarily detained in Iran,           pelled 2 Iranians employed at the Iranian
                                                                                                                                                                          ERNMENT OF IRAN.
                                               allegedly facing the death penalty. In 2009,            Embassy in London and a third Iranian on a
                                               Mr. Sharmahd was the target of an alleged               student visa amid allegations they were plot-            (a) REPORT REQUIRED.—
                                               Iran-directed assassination plot in Glendora,           ting to kill Indian-born British American                (1) IN GENERAL.—Not later than 45 days
                                               California.                                             novelist Salman Rushdie, pursuant to the               after the date of the enactment of this Act,
                                                  (9) In 2020, the Government of Turkey re-            fatwa issued by then supreme leader of Iran,           the Secretary of State, in consultation with
                                               leased counterterrorism files exposing how              Ayatollah Ruhollah Khomeini.                           the Secretary of the Treasury, the Director
                                               Iranian authorities allegedly collaborated                (22) In 1992, 4 Iranian Kurdish dissidents           of National Intelligence, and the Attorney
                                               with drug gangs to kidnap Habib Chabi, an               were assassinated at a restaurant in Berlin,           General, shall submit to the appropriate con-
                                               Iranian-Swedish activist for Iran’s Arab mi-            Germany, allegedly by Iranian agents.                  gressional committees a report that—
                                               nority. In 2020, the Government of Iran alleg-            (23) In 1992, singer, actor, poet, and gay Ira-        (A) includes a detailed description and as-
                                               edly lured Mr. Chabi to Istanbul through a              nian dissident Fereydoun Farrokhzad was                sessment of—
                                               female agent posing as a potential lover. Mr.           found dead with multiple stab wounds in his              (i) the state of human rights and the rule
                                               Chabi was then allegedly kidnapped from                 apartment in Germany. His death is alleg-              of law inside Iran, including the rights and
                                               Istanbul, and smuggled into Iran where he               edly the work of Iran-directed agents.                 well-being of women, religious and ethnic
                                               faces execution, following a sham trial.                  (24) In 1980, Ali Akbar Tabatabaei, a lead-          minorities, and the LGBTQ community in
                                                  (10) In 2020, a United States-Iranian citizen        ing critic of Iran and then president of the           Iran;
                                               and an Iranian resident of California pleaded           Iran Freedom Foundation, was murdered in                 (ii) actions taken by the Government of
                                               guilty to charges of acting as illegal agents           front of his Bethesda, Maryland, home by an            Iran during the year preceding submission of
                                               of the Government of Iran by surveilling                assassin disguised as a postal courier. The            the report to target and silence dissidents
                                               Jewish student facilities, including the                Federal Bureau of Investigation had identi-            both inside and outside of Iran who advocate
                                               Hillel Center and Rohr Chabad Center at the             fied the ‘‘mailman’’ as Dawud Salahuddin,              for human rights inside Iran;
                                               University of Chicago, in addition to                   born     David      Theodore     Belfield.   Mr.         (iii) the methods used by the Government
                                               surveilling and collecting identifying infor-           Salahuddin was working as a security guard             of Iran to target and silence dissidents both
                                               mation about United States citizens and na-             at an Iranian interest office in Washington,           inside and outside of Iran; and
                                               tionals who are critical of the Iranian re-             DC, when he claims he accepted the assign-               (iv) the means through which the Govern-
                                               gime.                                                   ment and payment of $5,000 from the Govern-            ment of Iran finances efforts to target and
                                                  (11) In 2019, 2 Iranian intelligence officers        ment of Iran to kill Mr. Tabatabaei.                   silence dissidents both inside and outside of
                                               at the Iranian consulate in Turkey allegedly              (25) Other exiled Iranian dissidents alleged         Iran;
                                               orchestrated the assassination of Iranian dis-          to have been victims of the Government of                (B) identifies foreign persons working as
                                               sident journalist Masoud Molavi Vardanjani,             Iran’s murderous extraterritorial campaign             part of the Government of Iran or acting on
                                               who was shot while walking with a friend in             include Shahriar Shafiq, Shapour Bakhtiar,             behalf of that Government (including mem-
                                               Istanbul. Unbeknownst to Mr. Molavi, his                and Gholam Ali Oveissi.                                bers of paramilitary organizations such as
                                               ‘‘friend’’ was in fact an undercover Iranian              (26) Iranian Americans face an ongoing               Ansar-e-Hezbollah and Basij-e Mostaz’afin),
                                               agent and the leader of the killing squad, ac-          campaign of intimidation both in the virtual           that the Secretary of State determines,
                                               cording to a Turkish police report.                     and physical world by agents and affiliates of         based on credible evidence, are knowingly re-
                                                  (12) In 2019, around 1,500 people were alleg-        the Government of Iran, which aims to stifle           sponsible for, complicit in or involved in or-
                                               edly killed amid a less than 2 week crack-              freedom of expression and eliminate the                dering, conspiring, planning or imple-
                                               down by security forces on anti-government              threat Iranian authorities believe democ-              menting the surveillance, harassment, kid-
                                               protests across Iran, including at least an al-         racy, justice, and gender equality pose to             napping, illegal extradition, imprisonment,
                                               leged 23 children and 400 women.                        their rule.                                            torture, killing, or assassination of citizens
                                                  (13) In 2019, Iranian operatives allegedly                                                                  of Iran (including citizens of Iran of dual na-
                                                                                                       SEC. 1283. DEFINITIONS.
                                               lured      Paris-based     Iranian    journalist                                                               tionality) or citizens of the United States in-
                                               Ruhollah Zam to Iraq, where he was ab-                    In this title:                                       side or outside Iran who seek—
                                               ducted, and hanged in Iran for sedition.                  (1) ADMISSION; ADMITTED; ALIEN.—The                    (i) to expose illegal or corrupt activity car-
                                                  (14) In 2019, a Kurdistan regional court con-        terms ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’       ried out by officials of the Government of
                                               victed an Iranian female for trying to lure             have the meanings given those terms in sec-            Iran;




SSpencer on DSK126QN23PROD with SENATE
                                               Voice of America reporter Ali Javanmardi to             tion 101 of the Immigration and Nationality              (ii) to obtain, exercise, defend, or promote
                                               a hotel room in Irbil, as part of a foiled Ira-         Act (8 U.S.C. 1101).                                   internationally recognized human rights and
                                               nian intelligence plot to kidnap and extra-               (2) APPROPRIATE CONGRESSIONAL COMMIT-                freedoms, such as the freedoms of religion,
                                               dite Mr. Javanmardi, a critic of the Govern-            TEES.—The term ‘‘appropriate congressional             expression, association, and assembly, and
                                               ment of Iran.                                           committees’’ means—                                    the rights to a fair trial and democratic elec-
                                                  (15) In 2019, Federal Bureau of Investiga-             (A) the Committee on Banking, Housing,               tions, in Iran; or
                                               tion agents visited the rural Connecticut               and Urban Affairs and the Committee on                   (iii) to obtain, exercise, defend, or promote
                                               home of Iran-born United States author and              Foreign Relations of the Senate; and                   the rights and well-being of women, religious




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                                               September 21, 2022                                CONGRESSIONAL RECORD — SENATE                                                                     S4939
                                               and ethnic minorities, and the LGBTQ com-                 (1) credible information exists that the per-          (1) IMPLEMENTATION.—The President may
                                               munity in Iran; and                                     son did not engage in the activity for which           exercise all authorities provided to the
                                                 (C) includes, for each foreign person identi-         sanctions were imposed;                                President under sections 203 and 205 of the
                                               fied subparagraph (B), a clear explanation                (2) the person has been prosecuted appro-            International Emergency Economic Powers
                                               for why the foreign person was so identified.           priately for the activity for which sanctions          Act (50 U.S.C. 1702 and 1704) to carry out this
                                                 (2) UPDATES OF REPORT.—The report re-                 were imposed; or                                       Act.
                                               quired by paragraph (1) shall be updated, and             (3) the person has—                                    (2) PENALTIES.—A person that violates, at-
                                               the updated version submitted to the appro-               (A) credibly demonstrated a significant              tempts to violate, conspires to violate, or
                                               priate congressional committees, during the             change in behavior;                                    causes a violation of section 1284(b)(1) or
                                               10-year period following the date of the en-              (B) has paid an appropriate consequence              1285(b) or any regulation, license, or order
                                               actment of this Act—                                    for the activity for which sanctions were im-          issued to carry out either such section shall
                                                 (A) not less frequently than annually; and            posed; and                                             be subject to the penalties set forth in sub-
                                                 (B) with respect to matters relating to the             (C) has credibly committed to not engage             sections (b) and (c) of section 206 of the
                                               identification of foreign persons under para-           in an activity described in subsection (a) in          International Emergency Economic Powers
                                               graph (1)(B), on an ongoing basis as new in-            the future.                                            Act (50 U.S.C. 1705) to the same extent as a
                                               formation becomes available.                            SEC. 1285. REPORT AND IMPOSITION OF SANC-              person that commits an unlawful act de-
                                                 (3) FORM OF REPORT.—                                              TIONS WITH RESPECT TO FOREIGN              scribed in subsection (a) of that section.
                                                 (A) IN GENERAL.—Each report required by                           FINANCIAL   INSTITUTIONS   CON-            SEC. 1287. EXCEPTION RELATING TO IMPORTA-
                                               paragraph (1) and each update required by                           DUCTING   SIGNIFICANT    TRANS-                        TION OF GOODS.
                                                                                                                   ACTIONS WITH PERSONS RESPON-                 (a) IN GENERAL.—Notwithstanding any
                                               paragraph (2) shall be submitted in unclassi-
                                                                                                                   SIBLE FOR OR COMPLICIT IN                  other provision of this title, the authorities
                                               fied form but may include a classified annex.                       ABUSES TOWARD DISSIDENTS ON
                                                 (B) PUBLIC AVAILABILITY.—The Secretary of                                                                    and requirements to impose sanctions under
                                                                                                                   BEHALF OF THE GOVERNMENT OF
                                               State shall post the unclassified portion of                        IRAN.
                                                                                                                                                              this title shall not include the authority or
                                               each report required by paragraph (1) and                                                                      a requirement to impose sanctions on the
                                                                                                         (a) REPORT REQUIRED.—
                                               each update required by paragraph (2) on a                                                                     importation of goods.
                                                                                                         (1) IN GENERAL.—Not earlier than 30 days               (b) GOOD DEFINED.—In this section, the
                                               publicly available internet website of the De-          and not later than 60 days after the Sec-              term ‘‘good’’ means any article, natural or
                                               partment of State.                                      retary of State submits to the appropriate             manmade substance, material, supply or
                                                 (b) IMPOSITION OF SANCTIONS.—In the case              congressional committees a report required             manufactured product, including inspection
                                               of a foreign person identified under para-              by section 1284(a), the Secretary of the               and test equipment, and excluding technical
                                               graph (1)(B) of subsection (a) in the most re-          Treasury, in consultation with the Secretary           data.
                                               cent report or update submitted under that              of State, shall submit to the appropriate                                  ---
                                               subsection, the President shall—                        congressional committees a report that iden-             SA 5570. Mr. CARDIN submitted an
                                                 (1) if the foreign person meets the criteria          tifies any foreign financial institution that          amendment intended to be proposed to
                                               for the imposition of sanctions under sub-              knowingly conducts a significant trans-                amendment SA 5499 submitted by Mr.
                                               section (a) of section 1263 of the Global               action with a foreign person identified in the
                                               Magnitsky Human Rights Accountability
                                                                                                                                                              REED (for himself and Mr. INHOFE) and
                                                                                                       report submitted under section 1284(a).
                                               Act (22 U.S.C. 10102), impose sanctions under                                                                  intended to be proposed to the bill H.R.
                                                                                                         (2) FORM OF REPORT.—
                                               subsection (b) of that section; and                       (A) IN GENERAL.—Each report required by              7900, to authorize appropriations for
                                                 (2) if the foreign person does not meet such          paragraph (1) shall be submitted in unclassi-          fiscal year 2023 for military activities
                                               criteria, impose the sanctions described in             fied form but may include a classified annex.          of the Department of Defense, for mili-
                                               subsection (c).                                           (B) PUBLIC AVAILABILITY.—The Secretary of            tary construction, and for defense ac-
                                                 (c) SANCTIONS DESCRIBED.—The sanctions                the Treasury shall post the unclassified por-          tivities of the Department of Energy,
                                               to be imposed under this subsection with re-            tion of each report required by paragraph (1)          to    prescribe     military  personnel
                                               spect to a foreign person are the following:            on a publicly available internet website of            strengths for such fiscal year, and for
                                                 (1) BLOCKING OF PROPERTY.—The President               the Department of the Treasury.                        other purposes; which was ordered to
                                               shall exercise all powers granted to the                  (b) IMPOSITION OF SANCTIONS.—The Sec-                lie on the table; as follows:
                                               President by the International Emergency                retary of the Treasury may prohibit the
                                               Economic Powers Act (50 U.S.C. 1701 et seq.)            opening, or prohibit or impose strict condi-             At the end of subtitle G of title X, add the
                                                                                                                                                              following:
                                               to the extent necessary to block and prohibit           tions on the maintaining, in the United
                                                                                                                                                              SEC. 1077. PATUXENT RESEARCH REFUGE EXPAN-
                                               all transactions in all property and interests          States of a correspondent account or a pay-
                                                                                                                                                                           SION.
                                               in property of the person if such property              able-through account by a foreign financial
                                                                                                                                                                (a) DEFINITIONS.—In this section:
                                               and interests in property are in the United             institution identified under subsection (a)(1).
                                                                                                                                                                (1) ADMINISTRATOR.—The term ‘‘Adminis-
                                               States, come within the United States, or               SEC. 1286. EXCEPTIONS; WAIVERS; IMPLEMENTA-            trator’’ means the Administrator of the Na-
                                               are or come within the possession or control                        TION.
                                                                                                                                                              tional Aeronautics and Space Administra-
                                               of a United States person.                                (a) EXCEPTIONS.—                                     tion.
                                                 (2) INELIGIBILITY FOR VISAS, ADMISSION, OR              (1) EXCEPTION FOR INTELLIGENCE, LAW EN-                (2) FEDERAL LAND.—The term ‘‘Federal
                                               PAROLE.—                                                FORCEMENT, AND NATIONAL SECURITY ACTIVI-
                                                                                                                                                              land’’ means the approximately 105 acres of
                                                 (A) IN GENERAL.—                                      TIES.—Sanctions under sections 1284 and 1285
                                                                                                                                                              Goddard Space Flight Center land under the
                                                 (i) VISAS, ADMISSION, OR PAROLE.—An alien             shall not apply to any authorized intel-               jurisdiction of the Administrator known as
                                               described in subsection (a)(1)(B) is—                   ligence, law enforcement, or national secu-            ‘‘Area 400’’.
                                                 (I) inadmissible to the United States;                rity activities of the United States.                    (3) RESEARCH REFUGE.—The term ‘‘Re-
                                                 (II) ineligible to receive a visa or other              (2) EXCEPTION TO COMPLY WITH UNITED NA-              search Refuge’’ means the Patuxent Re-
                                               documentation to enter the United States;               TIONS HEADQUARTERS AGREEMENT.—Sanctions
                                                                                                                                                              search Refuge established by Executive
                                               and                                                     under section 1284(c)(2) shall not apply with          Order 7514 of December 16, 1936.
                                                 (III) otherwise ineligible to be admitted or          respect to the admission of an alien to the              (4) SECRETARY.—The term ‘‘Secretary’’
                                               paroled into the United States or to receive            United States if the admission of the alien is         means the Secretary of the Interior, acting
                                               any other benefit under the Immigration and             necessary to permit the United States to               through the Director of the United States
                                               Nationality Act (8 U.S.C. 1101 et seq.).                comply with the Agreement regarding the                Fish and Wildlife Service.
                                                 (ii) CURRENT VISAS REVOKED.—                          Headquarters of the United Nations, signed               (b) RESEARCH REFUGE BOUNDARY MODIFICA-
                                                 (I) IN GENERAL.—The visa or other entry               at Lake Success June 26, 1947, and entered             TION.—The acquisition boundary of the Re-
                                               documentation of an alien described in sub-             into force November 21, 1947, between the              search Refuge is expanded to include the
                                               section (a)(1)(B) shall be revoked, regardless          United Nations and the United States, the              land depicted as ‘‘Area 400’’ on the map enti-
                                               of when such visa or other entry documenta-             Convention on Consular Relations, done at              tled ‘‘Patuxent Research Refuge Acquisition
                                               tion is or was issued.                                  Vienna April 24, 1963, and entered into force          Boundary Expansion’’ and dated July 28,
                                                 (II) IMMEDIATE EFFECT.—A revocation                   March 19, 1967, or other applicable inter-             2022.
                                               under subclause (I) shall—                              national obligations.                                    (c) TRANSFER OF ADMINISTRATIVE JURISDIC-
                                                 (aa) take effect immediately; and                       (b) NATIONAL SECURITY WAIVER.—The                    TION OVER CERTAIN GODDARD SPACE FLIGHT
                                                 (bb) automatically cancel any other valid             President may waive the application of sanc-           CENTER LAND.—
                                               visa or entry documentation that is in the              tions under section 1284 with respect to a               (1) IN GENERAL.—On a joint determination




SSpencer on DSK126QN23PROD with SENATE
                                               alien’s possession.                                     person if the President—                               by the Administrator and the Secretary that
                                                 (d) TERMINATION OF SANCTIONS.—The Presi-                (1) determines that the waiver is in the na-         the Federal land has been remediated and re-
                                               dent may terminate the application of sanc-             tional security interests of the United                stored to the satisfaction of the Adminis-
                                               tions under this section with respect to a              States; and                                            trator and the Secretary, in accordance with
                                               person if the President determines and re-                (2) submits to the appropriate congres-              paragraphs (2) and (3), the Administrator
                                               ports to the appropriate congressional com-             sional committees a report on the waiver               shall transfer to the Secretary, at no cost,
                                               mittees, not later than 15 days before the              and the reasons for the waiver.                        administrative jurisdiction over the Federal
                                               termination of the sanctions that—                        (c) IMPLEMENTATION; PENALTIES.—                      land for inclusion in the Research Refuge.




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                                               S4940                                             CONGRESSIONAL RECORD — SENATE                                                   September 21, 2022
                                                 (2) REMEDIATION.—                                            COMMITTEE ON FOREIGN RELATIONS                  third time and passed and that the mo-
                                                 (A) IN GENERAL.—Not later than 90 days                  The Committee on Foreign Relations                   tion to reconsider be considered made
                                               after the date of enactment of this Act, the            is authorized to meet during the ses-                  and laid upon table.
                                               Administrator shall prepare an updated envi-            sion of the Senate on Wednesday, Sep-                    The PRESIDING OFFICER. Without
                                               ronmental evaluation of the Federal land,
                                               which shall include—
                                                                                                       tember 21, 2022, at 2:30 p.m., to conduct              objection, it is so ordered.
                                                 (i) a sampling and analysis of the soil;              a hearing.                                               The bill (H.R. 6899) was ordered to a
                                                 (ii) a sampling and analysis of the ground-                COMMITTEE ON HOMELAND SECURITY AND                third reading, was read the third time,
                                               water; and                                                         GOVERNMENTAL AFFAIRS                        and passed.
                                                 (iii) an assessment of the onsite septic sys-           The Committee on Homeland Secu-
                                               tem.                                                    rity and Governmental Affairs is au-                                     f
                                                 (B) CONSULTATION.—The Administrator                   thorized to meet during the session of
                                               shall consult with, and incorporate input               the Senate on Wednesday, September
                                               from, the Secretary relating to the environ-                                                                         ORDERS FOR THURSDAY,
                                                                                                       21, 2022, at 10 a.m., to conduct a hearing                       SEPTEMBER 22, 2022
                                               mental evaluation prepared under subpara-
                                               graph (A), including for purposes of—                   on nominations.
                                                                                                                 COMMITTEE ON THE JUDICIARY
                                                                                                                                                                Mr. SANDERS. Mr. President, I ask
                                                 (i) developing the sampling design;
                                                 (ii) conducting the data review and anal-               The Committee on the Judiciary is                    unanimous consent that when the Sen-
                                               ysis; and                                               authorized to meet during the session                  ate completes its business today, it ad-
                                                 (iii) developing recommendations for the              of the Senate on Wednesday, Sep-                       journ until 10 a.m., Thursday, Sep-
                                               remediation of the Federal land.                        tember 21, 2022, at 10 a.m., to conduct a              tember 22; that following the prayer
                                                 (C) REMEDIATION.—Any necessary remedi-
                                                                                                       hearing on nominations.                                and pledge, the morning hour be
                                               ation identified in the environmental evalua-                                                                  deemed expired, the Journal of pro-
                                               tion prepared under subparagraph (A) shall                    COMMITTEE ON SMALL BUSINESS AND
                                                                                                                    ENTREPREUNERSHIP                          ceedings be approved to date, the time
                                               be conducted and funded by the Adminis-                                                                        for the two leaders be reserved for their
                                               trator.                                                   The Committee on Small Business
                                                 (D) MONITORING.—Based on the findings of              and Entrepreneurship is authorized to                  use later in the day, and morning busi-
                                               the environmental evaluation prepared                   meet during the session of the Senate                  ness be closed; that upon the conclu-
                                               under subparagraph (A), the Administrator               on Wednesday, September 21, 2022, at                   sion of morning business, the Senate
                                               and the Secretary shall jointly design and              2:30 p.m., to conduct a hearing.                       resume the motion to proceed to Cal-
                                               agree to an ongoing monitoring plan for the
                                                                                                              COMMITTEE ON VETERANS’ AFFAIRS
                                                                                                                                                              endar No. 484, S. 4822, with the provi-
                                               Federal land, which shall be conducted and                                                                     sions of the previous order in effect;
                                               funded by the Administrator.                              The Committee on Veterans’ Affairs
                                                                                                       is authorized to meet during the ses-                  further, that if cloture is not invoked,
                                                 (3) RESTORATION.—Before the transfer of                                                                      the Senate proceed to executive session
                                               the Federal land under paragraph (1), the Ad-           sion of the Senate on Wednesday, Sep-
                                               ministrator shall restore the Federal land,             tember 21, 2022, at 3 p.m., to conduct a               to vote on confirmation of the Bennett
                                               which shall include—                                    hearing.                                               nomination; that upon disposition of
                                                 (A) the demolition of any—                                                                                   the Bennett nomination, the Senate re-
                                                                                                             SELECT COMMITTEE ON INTELLIGENCE
                                                 (i) aboveground structures;                                                                                  sume consideration of the Prabhakar
                                                                                                         The Select Committee on Intel-
                                                 (ii) concrete sidewalks;                                                                                     nomination and at 1:45 p.m. vote on
                                                 (iii) underground storage tanks;                      ligence is authorized to meet during
                                                                                                                                                              confirmation of the nomination; fi-
                                                 (iv) seismic isolation pads; and                      the session of the Senate on Wednes-
                                                                                                                                                              nally, that if any nominations are con-
                                                 (v) abandoned in-place monitoring wells;              day, September 21, 2022, at 2:30 p.m., to
                                                                                                                                                              firmed during Thursday’s session, the
                                                 (B) the decommissioning of the septic sys-            conduct a hearing.
                                               tem;
                                                                                                                                                              motions to reconsider be considered
                                                                                                              SUBCOMMITTEE ON NATIONAL PARKS
                                                 (C) the demolition of the perimeter fence                                                                    made and laid upon the table and the
                                                                                                         The Subcommittee on National                         President be immediately notified of
                                               and gate;
                                                                                                       Parks of the Committee Energy and                      the Senate’s action.
                                                 (D) the decommissioning of electrical,
                                               sewer, and water connections;                           Natural Resources is authorized to                       The PRESIDING OFFICER. Without
                                                 (E) the removal of associated debris from             meet during the session of the Senate                  objection, it is so ordered.
                                               the Federal land; and                                   on Wednesday, September 21, 2022, at                     Mr. SANDERS. For the information
                                                 (F) the stabilization of exposed soil.                10:30 a.m., to conduct a hearing.                      of the Senate, there will be two rollcall
                                                 (4) FUTURE LIABILITY.—The Administrator                         SUBCOMMITTEE ON PERSONNEL
                                               shall retain post-transfer responsibility, in-
                                                                                                                                                              votes at 11:30 a.m. and one rollcall vote
                                                                                                         The Subcommittee on Personnel of                     at 1:45 p.m.
                                               cluding for any ongoing monitoring required
                                                                                                       the Committee on Armed Services is
                                               under paragraph (2)(D), for any hazardous
                                               substances that may be present on the Fed-              authorized to meet during the session                                    f
                                               eral land as a result of activities by the Na-          of the Senate on Wednesday, Sep-
                                               tional Aeronautics and Space Administra-                tember 21, 2022, at 3:30 p.m., to conduct
                                                                                                       a hearing.                                                ADJOURNMENT UNTIL 10 A.M.
                                               tion.
                                                 (5) AUTHORIZATION OF APPROPRIATIONS.—                                                                                      TOMORROW
                                                                                                                         f
                                               There are authorized to be appropriated to                                                                       Mr. SANDERS. Mr. President, if
                                               the Administrator such sums as are nec-                 RUSSIA AND BELARUS SDR EX-                             there is no further business to come be-
                                               essary to carry out this subsection.                      CHANGE PROHIBITION ACT OF                            fore the Senate, I ask that it stand ad-
                                                                f                                        2022                                                 journed under the previous order.
                                                AUTHORITY FOR COMMITTEES TO                              Mr. SANDERS. Mr. President, I ask                      There being no objection, the Senate,
                                                                MEET                                   unanimous consent that the Senate                      at 7:33 p.m., adjourned until Thursday,
                                                                                                       proceed to the immediate consider-                     September 22, 2022, at 10 a.m.
                                                 Mr. WHITEHOUSE. Mr. President, I                      ation of Calendar No. 452, H.R. 6899.
                                               have nine requests for committees to                      The PRESIDING OFFICER. The                                             f
                                               meet during today’s session of the Sen-                 clerk will report the bill by title.
                                               ate. They have the approval of the Ma-                    The senior assistant legislative clerk
                                               jority and Minority Leaders.                                                                                             CONFIRMATIONS
                                                                                                       read as follows:
                                                 Pursuant to rule XXVI, paragraph                        A bill (H.R. 6899) to prohibit the Secretary           Executive nominations confirmed by
                                               5(a), of the Standing Rules of the Sen-                 of the Treasury from engaging in trans-                the Senate September 21, 2022:
                                               ate, the following committees are au-                   actions involving the exchange of Special              DEPARTMENT OF HEALTH AND HUMAN SERVICES
                                               thorized to meet during today’s session                 Drawing Rights issued by the International               ROSELYN TSO, OF OREGON, TO BE DIRECTOR OF THE
                                               of the Senate:




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       Monetary Fund that are held by the Russian             INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH
                                                  COMMITTEE ON ENVIRONMENT AND PUBLIC                  Federation or Belarus.                                 AND HUMAN SERVICES, FOR THE TERM OF FOUR YEARS.

                                                                 WORKS                                   There being no objection, the Senate                             DEPARTMENT OF STATE
                                                 The Committee on Environment and                      proceeded to consider the bill, which                   ROBERT A. WOOD, OF NEW YORK, TO BE AN ALTERNATE
                                                                                                                                                              REPRESENTATIVE OF THE UNITED STATES OF AMERICA
                                               Public Works is authorized to meet                      had been reported from the Committee                   TO THE SESSIONS OF THE GENERAL ASSEMBLY OF THE
                                               during the session of the Senate on                     on Foreign Relations.                                  UNITED NATIONS, DURING HIS TENURE OF SERVICE AS
                                                                                                                                                              ALTERNATE REPRESENTATIVE OF THE UNITED STATES
                                               Wednesday, September 21, 2022, at 10                      Mr. SANDERS. I ask unanimous con-                    OF AMERICA FOR SPECIAL POLITICAL AFFAIRS IN THE
                                               a.m., to conduct a hearing.                             sent that the bill be considered read a                UNITED NATIONS.




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