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.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“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/
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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
SSpencer on DSK126QN23PROD with SENATE
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.
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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
SSpencer on DSK126QN23PROD with SENATE
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),
SSpencer on DSK126QN23PROD with SENATE
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
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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
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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
SSpencer on DSK126QN23PROD with SENATE
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
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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:
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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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