Amendment SA 5747 on International Agreements Transparency — Congressional Record, Senate
Summary
This is page S5239 of the Congressional Record, Senate, September 28, 2022, containing the Text of Amendments section. It lists SA 5747, submitted by Mr. Menendez, for himself and Mr. Risch, intended to be proposed to amendment SA 5499 and to a bill to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, and which was ordered to lie on the table. The amendment text, headed Enhancing Transparency on International Agreements and Non-Binding Instruments, amends section 112b of title 1, United States Code. It provides for lists and texts of international agreements, public posting of texts within 120 days, and written reports to congressional committees every three months.
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“Amendment SA 5747 on International Agreements Transparency — Congressional Record, Senate.”
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5239
SA 6032. Mr. SCHUMER proposed an ticle II of the Constitution of the United ‘‘(D) The Secretary shall not delegate the
amendment to amendment SA 6031 proposed States, the Secretary or appropriate depart- waiver authority or certification require-
by Mr. SCHUMER to the bill H.R. 6833, supra. ment or agency shall explain the basis for ments under subparagraph (A). The Sec-
that reliance. retary shall not delegate the briefing re-
f
‘‘(C)(i) A list of all international agree- quirements under subparagraph (B) to any
TEXT OF AMENDMENTS ments that entered into force and qualifying person other than the Deputy Secretary.
non-binding instruments that became opera- ‘‘(b)(1) Not later than 120 days after the
SA 5747. Mr. MENENDEZ (for himself tive for the United States or an agency of date on which an international agreement
and Mr. RISCH) submitted an amend- the United States during the prior month. enters into force, the Secretary shall make
ment intended to be proposed to ‘‘(ii) The text of all international agree- the text of the agreement, and the informa-
amendment SA 5499 submitted by Mr. ments and qualifying non-binding instru- tion described in subparagraphs (B)(iii) and
ments described in clause (i) if such text dif- (C)(iii) of subsection (a)(1) relating to the
REED (for himself and Mr. INHOFE) and
fers from the text of the agreement or in- agreement, available to the public on the
intended to be proposed to the bill H.R. website of the Department of State.
strument previously provided pursuant to
7900, to authorize appropriations for ‘‘(2) Not less frequently than once every 120
subparagraph (B)(ii).
fiscal year 2023 for military activities ‘‘(iii) A statement describing any new or days, the Secretary shall make the text of
of the Department of Defense, for mili- amended statutory or regulatory authority each qualifying non-binding instrument that
tary construction, and for defense ac- anticipated to be required to fully imple- became operative during the preceding 120
tivities of the Department of Energy, ment each proposed international agreement days, and the information described in sub-
and qualifying non-binding instrument in- paragraphs (B)(iii) and (C)(iii) of subsection
to prescribe military personnel (a)(1) relating to each such instrument,
strengths for such fiscal year, and for cluded in the list described in clause (i).
‘‘(2) Not less frequently than once every available to the public on the website of the
other purposes; which was ordered to Department of State.
three months, the Secretary shall provide in
lie on the table; as follows: writing to the appropriate congressional ‘‘(3) The requirements under paragraphs (1)
At the appropriate place, insert the fol- committees the following: and (2) shall not apply to the following cat-
lowing: ‘‘(A) A list of all qualifying non-binding in- egories of international agreements or quali-
fying non-binding instruments, or to infor-
SEC. ll. ENHANCING TRANSPARENCY ON struments described in subsection
INTERNATIONAL AGREEMENTS AND mation described in subparagraphs (B)(iii)
(l)(6)(A)(ii)(I) approved for negotiation by the
NON-BINDING INSTRUMENTS. and (C)(iii) of subsection (a)(1) relating to
appropriate department or agency during the
(a) SECTION 112B OF TITLE 1.— such agreements or qualifying non-binding
prior three months, or, in the event a quali-
(1) IN GENERAL.—Chapter 2 of title 1, instruments:
fying non-binding instrument is not included
United States Code, is amended by striking ‘‘(A) International agreements and quali-
in the list required by this subparagraph, a
section 112b and inserting the following: fying non-binding instruments that contain
certification corresponding to the qualifying
information that has been given a national
‘‘§ 112b. United States international agree- non-binding instrument as authorized under
security classification pursuant to Executive
ments and non-binding instruments; trans- paragraph (5)(A).
Order 13526 (50 U.S.C. 3161 note; relating to
parency provisions ‘‘(B) A description of the intended subject
classified national security information) or
‘‘(a)(1) Not less frequently than once each matter and participants for each qualifying
any predecessor or successor order, or that
month, the Secretary shall provide in writ- non-binding instrument listed pursuant to
contain any information that is otherwise
ing to the appropriate congressional com- subparagraph (A).
‘‘(3) The information and text required by exempt from public disclosure pursuant to
mittees the following: United States law.
paragraphs (1) and (2) shall be submitted in
‘‘(A)(i) A list of all international agree- ‘‘(B) International agreements and quali-
unclassified form, but may include a classi-
ments approved for negotiation by the Sec- fying non-binding instruments that address
fied annex.
retary or another Department of State offi- ‘‘(4) In the case of a general authorization specified military operations, military exer-
cer at the Assistant Secretary level or high- issued for the negotiation or conclusion of a cises, acquisition and cross servicing, logis-
er and a list of all qualifying non-binding in- series of international agreements of the tics support, military personnel exchange or
struments described in subsection same general type, the requirements of para- education programs, or the provision of
(l)(6)(A)(ii)(II) approved for negotiation by graph (1)(A) may be satisfied by the provi- health care to military personnel on a recip-
the appropriate department or agency during sion in writing of— rocal basis.
the prior month, or, in the event an inter- ‘‘(A) a single notification containing all ‘‘(C) International agreements and quali-
national agreement or qualifying non-bind- the information required by paragraph fying non-binding instruments that establish
ing instrument is not included in the lists re- (1)(A); and the terms of grant or other similar assist-
quired by this clause, a certification cor- ‘‘(B) a list, to the extent described in such ance, including in-kind assistance, financed
responding to the international agreement general authorization, of the countries or en- with foreign assistance funds pursuant to the
or qualifying non-binding instrument as au- tities with which such agreements are con- Foreign Assistance Act of 1961 (22 U.S.C. 2151
thorized under paragraph (5)(A). templated. et seq.) or the Food for Peace Act (7 U.S.C.
‘‘(ii) A description of the intended subject ‘‘(5)(A) The Secretary may, on a case-by- 1691 et seq.).
matter and parties to or participants for case basis, waive the requirements of para- ‘‘(D) International agreements and quali-
each international agreement and qualifying graph (1)(A) or (2)(A) with respect to a spe- fying non-binding instruments, such as
non-binding instrument listed pursuant to cific international agreement or qualifying project annexes and other similar instru-
clause (i). non-binding instrument, as applicable, for ments, for which the principal function is to
‘‘(B)(i) A list of all international agree- renewable periods of up to 180 days if the establish technical details for the implemen-
ments and qualifying non-binding instru- Secretary certifies in writing to the appro- tation of a specific project undertaken pur-
ments signed, concluded, or otherwise final- priate congressional committees that— suant to another agreement or qualifying
ized during the prior month. ‘‘(i) exercising the waiver authority is vital non-binding instrument that has been pub-
‘‘(ii) The text of all international agree- to the negotiation of a particular inter- lished in accordance with paragraph (1) or
ments and qualifying non-binding instru- national agreement or qualifying non-bind- (2).
ments described in clause (i). ing instrument; and ‘‘(E) International agreements and quali-
‘‘(iii) A detailed description of the legal au- ‘‘(ii) the international agreement or quali- fying non-binding instruments that have
thority that, in the view of the Secretary, fying non-binding instrument would signifi- been separately published by a depositary or
provides authorization for each international cantly and materially advance the foreign other similar administrative body, except
agreement and that, in the view of the ap- policy or national security interests of the that the Secretary shall make the informa-
propriate department or agency, provides au- United States. tion described in subparagraphs (B)(iii) and
thorization for each qualifying non-binding ‘‘(B) The Secretary shall brief the Majority (C)(iii) of subsection (a)(1), relating to such
instrument provided under clause (ii) to be- Leader and the Minority Leader of the Sen- agreements or qualifying non-binding instru-
come operative. If multiple authorities are ate, the Speaker and the Minority Leader of ments, available to the public on the website
relied upon in relation to an international the House of Representatives, and the Chairs of the Department of State within the time-
agreement, the Secretary shall cite all such and Ranking Members of the appropriate frames required by paragraph (1) or (2).
authorities, and if multiple authorities are congressional committees on the scope and ‘‘(c) For any international agreement or
relied upon in relation to a qualifying non- status of the negotiation that is the subject qualifying non-binding instrument for which
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binding instrument, the appropriate depart- of the waiver under subparagraph (A)— an implementing agreement or arrangement,
ment or agency shall cite all such authori- ‘‘(i) not later than 90 days after the date on or any document of similar purpose or func-
ties. All citations to the Constitution of the which the Secretary exercises the waiver; tion to the aforementioned regardless of the
United States, a treaty, or a statute shall in- and title of the document, is not otherwise re-
clude the specific article or section and sub- ‘‘(ii) once every 180 days during the period quired to be submitted to the appropriate
section reference whenever available and, if in which a renewed waiver is in effect. congressional committees under subpara-
not available, shall be as specific as possible. ‘‘(C) The certification required by subpara- graphs (B)(ii) or (C)(ii) of subsection (a)(1),
If the authority relied upon is or includes ar- graph (A) may be provided in classified form. not later than 30 days after the date on
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S5240 CONGRESSIONAL RECORD — SENATE September 28, 2022
which the Secretary receives a written com- spect to the agreement or qualifying non- ‘‘(1) The term ‘appropriate congressional
munication from the Chair or Ranking Mem- binding instrument concerned— committees’ means—
ber of either of the appropriate congressional ‘‘(i) by including such information in the ‘‘(A) the Committee on Foreign Relations
committees requesting the text of any such next submission required by subsection of the Senate; and
implementing agreements or arrangements, (a)(1); ‘‘(B) the Committee on Foreign Affairs of
whether binding or non-binding, the Sec- ‘‘(ii) by providing such information in writ- the House of Representatives.
retary shall submit such implementing ing to the appropriate congressional com- ‘‘(2) The term ‘appropriate department or
agreements or arrangements to the appro- mittees before provision of the submission agency’ means the department or agency of
priate congressional committees. described in clause (i); or the United States Government that nego-
‘‘(d) Any department or agency of the ‘‘(iii) in relation to subsection (b), by mak- tiates and enters into a qualifying non-bind-
United States Government that enters into ing the text of the agreement or qualifying ing instrument on behalf of itself or the
any international agreement or qualifying non-binding instrument and the information United States.
non-binding instrument on behalf of itself or described in subparagraphs (B)(iii) and ‘‘(3) The term ‘Deputy Secretary’ means
the United States shall— (C)(iii) of subsection (a)(1) relating to the the Deputy Secretary of State.
‘‘(1) notify the Secretary of the approval agreement or instrument available to the ‘‘(4) The term ‘intelligence community’
for negotiation of a qualifying non-binding public on the website of the Department of has the meaning given that term in section
instrument within 15 days of such approval; State within 15 days; and 3(4) of the National Security Act of 1947 (50
‘‘(2) provide to the Secretary the text of ‘‘(B) provide to the appropriate congres- U.S.C. 3003(4)).
each international agreement not later than sional committees, either in the next sub- ‘‘(5) The term ‘international agreement’ in-
15 days after the date on which such agree- mission required by subsection (a)(1) or be- cludes—
ment is signed or otherwise concluded; fore such submission, a written statement ‘‘(A) any treaty that requires the advice
‘‘(3) provide to the Secretary the text of explaining the reason for the delay in ful- and consent of the Senate, pursuant to arti-
each qualifying non-binding instrument not filling the requirements of subsection (a), cle II of the Constitution of the United
later than 15 days after the date on which (b), or (c), as the case may be. States; and
such instrument is concluded or otherwise ‘‘(3) Notwithstanding any other provision ‘‘(B) any other international agreement to
becomes finalized; of law, if the requirements of subsection (a) which the United States is a party and that
‘‘(4) provide to the Secretary a detailed de- have not been fulfilled with respect to an is not subject to the advice and consent of
scription of the legal authority that provides international agreement within 45 days of the Senate.
authorization for each qualifying non-bind- the date on which the Secretary made a re- ‘‘(6)(A) The term ‘qualifying non-binding
ing instrument to become operative not later quest to an office or agency as described in instrument’ means a non-binding instrument
than 15 days after such instrument is signed paragraph (1)(B), no amounts appropriated to that—
or otherwise becomes finalized; and the Department of State under any law shall ‘‘(i) is or will be under negotiation, is
‘‘(5) on an ongoing basis, provide any im- be available for obligation or expenditure to signed or otherwise becomes operative, or is
plementing material to the Secretary for implement or to support the implementation implemented with one or more foreign gov-
transmittal to the appropriate congressional of (including through the use of personnel or ernments, international organizations, or
committees as needed to satisfy the require- resources subject to the authority of a chief foreign entities, including non-state actors;
ments described in subsection (c). of mission) that particular international and
‘‘(e)(1) Each department or agency of the agreement, other than to facilitate compli- ‘‘(ii)(I) could reasonably be expected to
United States Government that enters into ance with this section, until the Secretary have a significant impact on the foreign pol-
any international agreement or qualifying satisfies the substantive requirements in icy of the United States; or
non-binding instrument on behalf of itself or subsection (a) with respect to that particular ‘‘(II) is the subject of a written commu-
the United States shall designate a Chief international agreement. nication from the Chair or Ranking Member
International Agreements Officer, who ‘‘(i)(1) Not later than 3 years after the date of either of the appropriate congressional
shall— of the enactment of this section, and not less committees to the Secretary.
‘‘(A) be selected from among employees of frequently than once every 3 years thereafter ‘‘(B) The term ‘qualifying non-binding in-
such department or agency; during the 9-year period beginning on the strument’ does not include any non-binding
‘‘(B) serve concurrently as the Chief Inter- date of the enactment of this section, the instrument that is signed or otherwise be-
national Agreements Officer; and Comptroller General of the United States comes operative or is implemented pursuant
‘‘(C) subject to the authority of the head of shall conduct an audit of the compliance of to the authorities relied upon by the Depart-
such department or agency, have the Secretary with the requirements of this ment of Defense, the Armed Forces of the
department- or agency-wide responsibility section. United States, or any element of the intel-
for efficient and appropriate compliance ‘‘(2) In any instance in which a failure by ligence community.
with this section. the Secretary to comply with such require- ‘‘(7) The term ‘Secretary’ means the Sec-
‘‘(2) There shall be a Chief International ments is determined by the Comptroller Gen- retary of State.
Agreements Officer who serves at the De- eral to have been due to the failure or refusal ‘‘(8)(A) The term ‘text’ with respect to an
partment of State with the title of Inter- of another agency to provide information or international agreement or qualifying non-
national Agreements Compliance Officer. material to the Department of State, or the binding instrument includes—
‘‘(f) The substance of oral international failure to do so in a timely manner, the ‘‘(i) any annex, appendix, codicil, side
agreements and qualifying non-binding in- Comptroller General shall engage such other agreement, side letter, or any document of
struments shall be reduced to writing for the agency to determine— similar purpose or function to the aforemen-
purpose of meeting the requirements of sub- ‘‘(A) the cause and scope of such failure or tioned, regardless of the title of the docu-
sections (a) and (b). refusal; ment, that is entered into contempora-
‘‘(g) Notwithstanding any other provision ‘‘(B) the specific office or offices respon- neously and in conjunction with the inter-
of law, an international agreement may not sible for such failure or refusal; and national agreement or qualifying non-bind-
be signed or otherwise concluded on behalf of ‘‘(C) recommendations for measures to en- ing instrument; and
the United States without prior consultation sure compliance with statutory require- ‘‘(ii) any implementing agreement or ar-
with the Secretary. Such consultation may ments. rangement, or any document of similar pur-
encompass a class of agreements rather than ‘‘(3) The Comptroller General shall submit pose or function to the aforementioned re-
a particular agreement. to the appropriate congressional committees
‘‘(h)(1) If the Secretary is aware or has rea- gardless of the title of the document, that is
in writing the results of each audit required entered into contemporaneously and in con-
son to believe that the requirements of sub- by paragraph (1).
section (a)(1), (a)(2), (b), or (c) have not been junction with the international agreement
‘‘(4) The Comptroller General and the Sec-
fulfilled with respect to an international or qualifying non-binding instrument.
retary shall make the results of each audit
agreement or qualifying non-binding instru- ‘‘(B) Under clauses (i) and (ii) of subpara-
required by paragraph (1) publicly available
ment, the Secretary shall— graph (A), the term ‘contemporaneously and
on the websites of the Government Account-
‘‘(A) immediately bring the matter to the in conjunction with’ shall be construed lib-
ability Office and the Department of State,
attention of the office or agency responsible erally and shall not be interpreted to require
respectively.
for the agreement or qualifying non-binding ‘‘(j) The President shall, through the Sec- any action to have occurred simultaneously
instrument; and retary, promulgate such rules and regula- or on the same day.
‘‘(B) request the office or agency to provide ‘‘(m) Nothing in this section shall be con-
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tions as may be necessary to carry out this
within 7 days the information necessary to section. strued to authorize the withholding from dis-
fulfill the requirements of the relevant sub- ‘‘(k) It is the sense of Congress that the ex- closure to the public of any record if such
section. ecutive branch should not prescribe or other- disclosure is required by law.’’.
‘‘(2) Upon receiving the information re- wise commit to or include specific legislative (2) CLERICAL AMENDMENT.—The table of
quested pursuant to paragraph (1), the Sec- text in a treaty, executive agreement, or sections at the beginning of chapter 2 of title
retary shall— non-binding instrument unless Congress has 1, United States Code, is amended by strik-
‘‘(A) fulfill the requirements of subsection authorized such action. ing the item relating to section 112b and in-
(a), (b), or (c), as the case may be, with re- ‘‘(l) In this section: serting the following:
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5241
‘‘112b. United states international agree- to prescribe military personnel SA 5749. Mr. WARNER submitted an
ments and non-binding instru- strengths for such fiscal year, and for amendment intended to be proposed to
ments; transparency provi- other purposes; which was ordered to amendment SA 5499 submitted by Mr.
sions.’’. lie on the table; as follows: REED (for himself and Mr. INHOFE) and
(3) TECHNICAL AND CONFORMING AMENDMENT At the end of subtitle B of title XXVIII, intended to be proposed to the bill H.R.
RELATING TO AUTHORITIES OF THE SECRETARY add the following: 7900, to authorize appropriations for
OF STATE.—Section 317(h)(2) of the Homeland SEC. 2825. IMPLEMENTATION OF COMPTROLLER
Security Act of 2002 (6 U.S.C. 195c(h)(2)) is fiscal year 2023 for military activities
GENERAL RECOMMENDATIONS RE-
amended by striking ‘‘Section 112b(c)’’ and GARDING MILITARY HOUSING. of the Department of Defense, for mili-
inserting ‘‘Section 112b(g)’’. (a) BASIC ALLOWANCE FOR HOUSING.—The tary construction, and for defense ac-
(4) MECHANISM FOR REPORTING.—Not later Secretary of Defense shall ensure that the tivities of the Department of Energy,
than 270 days after the date of the enactment Military Compensation Policy directorate to prescribe military personnel
of this Act, the Secretary of State shall es- within the Office of the Deputy Assistant strengths for such fiscal year, and for
tablish a mechanism for personnel of the De- Secretary of Defense for Military Personnel other purposes; which was ordered to
partment of State who become aware or who Policy, in coordination with each military
department, not later than one year after lie on the table; as follows:
have reason to believe that the requirements
of section 112b of title 1, United States Code, the date of the enactment of this Act— At the end of subtitle B of title XXVIII,
as amended by this subsection, have not been (1) assesses the process of the Department add the following:
fulfilled with respect to an international of Defense for collecting rental property data SEC. 2825.COMPTROLLER GENERAL ASSESS-
to determine ways to increase the sample MENT OF IMPLEMENTATION OF CER-
agreement or qualifying non-binding instru-
TAIN STATUTORY PROVISIONS IN-
ment (as those terms are defined in that sec- size of current representative data and en-
TENDED TO IMPROVE THE EXPERI-
tion) to report such instances to the Sec- sure sample size targets are met; ENCE OF RESIDENTS OF
retary. (2) reviews and updates guidance for basic PRIVATIZED MILITARY HOUSING.
(5) RULES AND REGULATIONS.—Not later allowance for housing under section 403 of (a) ASSESSMENT REQUIRED.—
than 180 days after the date of the enactment title 37, United States Code, to ensure that (1) IN GENERAL.—The Comptroller General
of this Act, the President shall, through the information about the rate-setting process of the United States shall conduct an inde-
Secretary of State, promulgate such rules for such allowance, including its sampling pendent assessment of the implementation
and regulations as may be necessary to carry methodology and use of minimum sample by the Department of Defense of sections
out section 112b of title 1, United States size targets, is accurately and fully reflected 2890, 2891c(b), and 2894(c) of title 10, United
Code, as amended by this subsection. in such guidance; and States Code.
(6) CONSULTATION AND BRIEFING REQUIRE- (3) establishes and implements a process (2) ELEMENTS.—The assessment required
MENT.— for consistently monitoring anchor points, under paragraph (1) shall include—
(A) CONSULTATION.—The Secretary of State the interpolation table, external alternative (A) a summary and evaluation of the anal-
shall consult with the appropriate congres- data, and any indications of potential bias ysis and information provided to residents of
sional committees on matters related to the by using quality information to set rates for
privatized military housing regarding the as-
implementation of this Act and the amend- such allowance and ensuring timely remedi-
sessment of performance indicators pursuant
ments made by this Act prior to and after ation of any identified deficiencies.
(b) WORK ORDER DATA FOR PRIVATIZED to section 2891c(b) of title 10, United States
the effective date described in subsection (c). Code, and the extent to which such residents
MILITARY HOUSING.—The Secretary of De-
(B) BRIEFING.—Not later than 90 days after have requested such an assessment;
fense shall ensure that the Assistant Sec-
the date of the enactment of this Act, and (B) a summary of the extent to which the
retary of Defense for Sustainment, not later
once every 90 days thereafter for 1 year, the Department collects and uses data on wheth-
than one year after the date of the enact-
Secretary of State shall brief the appro- ment of this Act— er members of the Armed Forces and their
priate congressional committees on the sta- (1) requires the military departments to es- families residing in privatized military hous-
tus of efforts to implement this Act and the tablish a process to validate data collected ing, including family and unaccompanied
amendments made by this Act. by privatized military housing partners to housing, have exercised the rights afforded
(C) DEFINITION OF APPROPRIATE CONGRES- better ensure the reliability and validity of in the Military Housing Privatization Initia-
SIONAL COMMITTEES.—In this paragraph, the tive Tenant Bill of Rights under subsection
work order data and to allow for more effec-
term ‘‘appropriate congressional commit- tive use of such data for monitoring and (a) of section 2890 of title 10, United States
tees’’ means— tracking purposes; and Code, to include the rights specified under
(i) the Committee on Foreign Relations of (2) provides in future reports to Congress paragraphs (8), (12), (13), (14), and (15) of sub-
the Senate; and additional explanation of such work order section (b) of such section, and an evaluation
(ii) the Committee on Foreign Affairs of data collected and reported, such as explain- of the implementation by each military de-
the House of Representatives. ing the limitations of available survey data, partment of such section;
(7) AUTHORIZATION OF APPROPRIATIONS.— how resident satisfaction was calculated, and (C) an evaluation of the implementation by
There is authorized to be appropriated to the reasons for any missing data. each military department of section 2894(c)
Department of State $1,000,000 for each of fis- (c) FINANCES FOR PRIVATIZED MILITARY of title 10, United States Code, including,
cal years 2023 through 2027 for purposes of HOUSING PROJECTS.—The Secretary of De- with regard to paragraph (5) of such sec-
implementing the requirements of section fense shall ensure that the Assistant Sec- tion—
112b of title 1, United States Code, as amend- retary of Defense for Energy, Installations, (i) the number of requests that have been
ed by this subsection. and Environment, not later than one year resolved favorably; and
(b) SECTION 112A OF TITLE 1.—Section 112a after the date of the enactment of this Act— (ii) the number of requests that have been
of title 1, United States Code, is amended by (1) takes steps to resume issuing required resolved in compliance within the required
striking subsections (b), (c), and (d) and in- reports to Congress on the financial condi- time period; and
serting the following: tion of privatized military housing in a time- (D) such other matters as the Comptroller
‘‘(b) Copies of international agreements ly manner; General considers necessary.
and qualifying non-binding instruments in (2) reports financial information on future (b) BRIEFING AND REPORT.—
the possession of the Department of State sustainment of each privatized military (1) BRIEFING.—Not later than March 31,
but not published, other than the agree- housing project in its reports to Congress; 2022, the Comptroller General shall provide
ments described in subsection (b)(3)(A) of (3) provides guidance directing the mili- to the Committees on Armed Services of the
section 112b, shall be made available by the tary departments to assess the significance Senate and the House of Representatives an
Department of State upon request.’’. of the specific risks to individual privatized interim briefing on the assessment con-
(c) EFFECTIVE DATE OF AMENDMENTS.—The military housing projects resulting from re- ducted under subsection (a).
amendments made by this Act shall take ef- duction in the basic allowance for housing (2) REPORT.—Not later than one year after
fect 270 days after the date of the enactment under section 403 of title 37, United States the date of the enactment of this Act, the
of this Act. Code, and identify courses of action to re- Comptroller General shall submit to the
spond to any risks based on the significance Committees on Armed Services of the Senate
SA 5748. Mr. WARNER submitted an of such risks; and and the House of Representatives a report on
amendment intended to be proposed to (4) revises its guidance on privatized mili- the assessment conducted under subsection
amendment SA 5499 submitted by Mr. (a).
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tary housing to require the military depart-
REED (for himself and Mr. INHOFE) and ments to define their risk tolerances regard- (c) PRIVATIZED MILITARY HOUSING DE-
ing the future sustainability of their FINED.—In this section, the term ‘‘privatized
intended to be proposed to the bill H.R.
privatized military housing projects. military housing’’ means military housing
7900, to authorize appropriations for provided under subchapter IV of chapter 169
(d) PRIVATIZED MILITARY HOUSING DE-
fiscal year 2023 for military activities FINED.—In this section, the term ‘‘privatized of title 10, United States Code.
of the Department of Defense, for mili- military housing’’ means military housing
tary construction, and for defense ac- provided under subchapter IV of chapter 169 SA 5750. Mr. WARNER submitted an
tivities of the Department of Energy, of title 10, United States Code. amendment intended to be proposed to
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S5242 CONGRESSIONAL RECORD — SENATE September 28, 2022
amendment SA 5499 submitted by Mr. (c) GOVERNMENT ACCOUNTABILITY OFFICE REED (for himself and Mr. INHOFE) and
REED (for himself and Mr. INHOFE) and STUDY.—The Comptroller General of the intended to be proposed to the bill H.R.
intended to be proposed to the bill H.R. United States shall conduct a study to evalu- 7900, to authorize appropriations for
ate the feasibility and advisability of ex-
7900, to authorize appropriations for fiscal year 2023 for military activities
panding eligibility for the basic needs allow-
fiscal year 2023 for military activities ance under section 402b of title 37, United of the Department of Defense, for mili-
of the Department of Defense, for mili- States Code, to individuals during the period tary construction, and for defense ac-
tary construction, and for defense ac- following the transition of the individuals tivities of the Department of Energy,
tivities of the Department of Energy, out of active duty service, up to three to prescribe military personnel
to prescribe military personnel months. strengths for such fiscal year, and for
strengths for such fiscal year, and for other purposes; which was ordered to
other purposes; which was ordered to SA 5751. Mr. WARNER submitted an lie on the table; as follows:
lie on the table; as follows: amendment intended to be proposed to
At the end of subtitle B of title XXXI, add
amendment SA 5499 submitted by Mr. the following:
At the end of subtitle E of title V, add the
following: REED (for himself and Mr. INHOFE) and SEC. 3118. AMENDMENTS TO THE ENERGY EM-
SEC. 564. FOOD INSECURITY AMONG MEMBERS intended to be proposed to the bill H.R. PLOYEES OCCUPATIONAL ILLNESS
OF THE ARMED FORCES 7900, to authorize appropriations for COMPENSATION PROGRAM ACT OF
TRANSITIONING OUT OF ACTIVE 2000.
fiscal year 2023 for military activities
DUTY SERVICE. (a) SHORT TITLE.—This section may be
of the Department of Defense, for mili- cited as the ‘‘Beryllium Testing Fairness
(a) STUDY; EDUCATION AND OUTREACH EF-
FORTS.—
tary construction, and for defense ac- Act’’.
(1) STUDY.—The Secretary of Defense shall, tivities of the Department of Energy, (b) MODIFICATION OF DEMONSTRATION OF BE-
in conjunction with the Secretary of Vet- to prescribe military personnel RYLLIUM SENSITIVITY.—Section 3621(8)(A) of
erans Affairs, conduct a study to identify the strengths for such fiscal year, and for the Energy Employees Occupational Illness
means by which members of the Armed other purposes; which was ordered to Compensation Program Act of 2000 (42 U.S.C.
Forces are provided information about the lie on the table; as follows: 7384l(8)(A)) is amended—
availability of Federal nutrition assistance (1) by striking ‘‘established by an abnor-
At the end of subtitle B of title IX, add the
programs as they transition out of active mal’’ and inserting the following: ‘‘estab-
following:
duty service. lished by—
SEC. 916. DESIGNATION OF SENIOR OFFICIAL TO
(2) EDUCATION AND OUTREACH EFFORTS.— COMBAT FOOD INSECURITY.
‘‘(i) an abnormal’’;
The Secretary of Defense, working with the (2) by striking the period at the end and in-
(a) IN GENERAL.—Not later than 60 days
Secretary of Veterans Affairs, shall increase serting ‘‘; or’’; and
after the date of the enactment of this Act,
education and outreach efforts to members (3) by adding at the end the following:
the Secretary of Defense shall designate a
of the Armed Forces who are transitioning ‘‘(ii) three borderline beryllium lym-
senior official of the Department of Defense
out of active duty service, particularly those phocyte proliferation tests performed on
to be responsible for, and accountable to the
members identified as being at-risk for food blood cells.’’.
Secretary with respect to, combating food
insecurity, to increase awareness of the (c) EXTENSION OF ADVISORY BOARD ON TOXIC
insecurity among members of the Armed
availability of Federal nutrition assistance SUBSTANCES AND WORKER HEALTH.—Section
Forces and their families. The Secretary
programs and eligibility for those programs. 3687(j) of the Energy Employees Occupa-
shall designate the senior official from
(3) REPORT.—Not later than 180 days after tional Illness Compensation Program Act of
among individuals who are appointed to a
the date of the enactment of this Act, the 2000 (42 U.S.C. 7385s–16(j)) is amended by
position in the Department by the President,
Secretary of Defense shall— striking ‘‘10 years’’ and inserting ‘‘15 years’’.
by and with the advice and consent of the
(A) submit to the Committee on Armed Senate.
Services of the Senate and the Committee on SA 5754. Mr. MENENDEZ submitted
(b) RESPONSIBILITIES.—The senior official
Armed Services of the House of Representa- designated under subsection (a) shall be re-
an amendment intended to be proposed
tives a report on the results of the study con- sponsible for the following: to amendment SA 5499 submitted by
ducted under paragraph (1); and (1) Oversight of policy, strategy, and plan- Mr. REED (for himself and Mr. INHOFE)
(B) publish such report on the website of ning for efforts of the Department of Defense and intended to be proposed to the bill
the Department of Defense. to combat food insecurity among members of H.R. 7900, to authorize appropriations
(b) REPORT ON COORDINATION AMONG DE- the Armed Forces and their families.
PARTMENTS.—
for fiscal year 2023 for military activi-
(2) Coordinating with other Federal agen- ties of the Department of Defense, for
(1) IN GENERAL.—Not later than 120 days cies with respect to combating food insecu-
after the date of the enactment of this Act, military construction, and for defense
rity.
the Secretary of Defense, in coordination (3) Such other matters as the Secretary
activities of the Department of Energy,
with the Secretary of Veterans Affairs and considers appropriate. to prescribe military personnel
the Secretary of Agriculture, shall submit to strengths for such fiscal year, and for
each congressional committee with jurisdic- SA 5752. Mr. MENENDEZ submitted other purposes; which was ordered to
tion over the Department of Defense, the De- an amendment intended to be proposed lie on the table; as follows:
partment of Veterans Affairs, and the De-
partment of Agriculture a report on the co-
to amendment SA 5499 submitted by At the end of subtitle F of title XII, add
ordination, data sharing, and evaluation ef- Mr. REED (for himself and Mr. INHOFE) the following:
forts on food insecurity across those depart- and intended to be proposed to the bill SEC. 1276. LIMITATION ON TRANSFER OF F–16
H.R. 7900, to authorize appropriations AIRCRAFT.
ments.
The President may not sell or authorize a
(2) ELEMENTS.—The report required by for fiscal year 2023 for military activi-
paragraph (1) shall include the following: license for the export of new F–16 aircraft or
ties of the Department of Defense, for F–16 upgrade technology or modernization
(A) An accounting of the funding each de- military construction, and for defense
partment referred to in paragraph (1) has ob- kits pursuant to any authority provided by
activities of the Department of Energy, the Arms Export Control Act (22 U.S.C. 2751
ligated toward food insecurity research.
(B) An outline of methods of comparing
to prescribe military personnel et seq.) to the Government of Turkey, or to
programs and sharing best practices for ad- strengths for such fiscal year, and for any agency or instrumentality of Turkey,
dressing food insecurity by each such depart- other purposes; which was ordered to unless the President provides to the Com-
ment. lie on the table; as follows: mittee on Foreign Relations of the Senate,
(C) An outline of— the Committee on Foreign Affairs of the
At the end of subtitle A of title XII, add
(i) the plan each such department has to House of Representatives, and the congres-
the following:
achieve greater government efficiency and sional defense committees a certification—
SEC. 1214. REPEAL OF WAIVER AUTHORITY FOR
cross-agency coordination, data sharing, and THE PROVISION OF MOST ASSIST-
(1) that such transfer is in the national in-
evaluation in addressing food insecurity ANCE TO THE GOVERNMENT OF terest of the United States; and
among members of the Armed Forces; and AZERBAIJAN. (2) that includes a detailed description of
(ii) efforts that the departments can under- Title II of the Foreign Operations, Export concrete steps taken to ensure that such F–
SSpencer on DSK126QN23PROD with SENATE
take to improve coordination to better ad- Financing, and Related Programs Appropria- 16s are not used by Turkey for repeated un-
dress food insecurity as it impacts members tions Act, 2002 (Public Law 107–115; 22 U.S.C. authorized territorial overflights of Greece.
before, during, and after their active duty 5812 note) is amended by striking paragraphs
(2) through (6) of subsection (g). SA 5755. Ms. HIRONO (for herself and
service.
(D) Any other information the Secretary of Mr. CRAMER) submitted an amendment
Defense, the Secretary of Veterans Affairs, SA 5753. Mrs. MURRAY submitted an intended to be proposed to amendment
or the Secretary of Agriculture determines amendment intended to be proposed to SA 5499 submitted by Mr. REED (for
to be appropriate. amendment SA 5499 submitted by Mr. himself and Mr. INHOFE) and intended
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5243
to be proposed to the bill H.R. 7900, to ‘‘(A) the number of officers by grade and ‘‘(A) A commissioned United States Ship
authorize appropriations for fiscal year designator; and warship capable of contributing to combat
2023 for military activities of the De- ‘‘(B) the number of enlisted personnel by operations.
partment of Defense, for military con- rate and rating. ‘‘(B) A United States Naval Ship that con-
‘‘(8) Personnel assigned to the ship on the tributes directly to Navy warfighting or sup-
struction, and for defense activities of delivery date, including— port missions.
the Department of Energy, to prescribe ‘‘(A) the number of officers by grade and ‘‘(2) The term ‘delivery’ has the meaning
military personnel strengths for such designator; and provided for in section 8671 of this title.
fiscal year, and for other purposes; ‘‘(B) the number of enlisted personnel by ‘‘(3) The term ‘Senior Technical Authority’
which was ordered to lie on the table; rate and rating. has the meaning provided for in section 8669b
as follows: ‘‘(9) For each critical hull, mechanical, of this title.’’.
At the end of subtitle C of title X, add the electrical, propulsion, and combat system of (b) CLERICAL AMENDMENT.—The table of
following: the class as so designated by the Senior sections at the beginning of chapter 863 of
SEC. 1026. BATTLE FORCE SHIP EMPLOYMENT, Technical Authority pursuant to section such title is amended by adding at the end
MAINTENANCE, AND MANNING BASE- 8669b(c)(2)(C) of this title, the following: the following new item:
LINE PLANS. ‘‘(A) The Government-provided training ‘‘8696. Battle force ship employment, mainte-
(a) IN GENERAL.—Chapter 863 of title 10, available for personnel assigned to the ship nance, and manning baseline
United States Code, is amended by adding at at the time of delivery, including the nature, plans.’’.
the end the following new section: objectives, duration, and location of the
‘‘§ 8696. Battle force ship employment, main- training. SA 5756. Mr. COTTON (for himself
tenance, and manning baseline plans ‘‘(B) The contractor-provided training and Mr. KELLY) submitted an amend-
‘‘(a) IN GENERAL.—Not later than 45 days available for personnel assigned to the ship
ment intended to be proposed to
after the date of delivery of the first ship in at the time of delivery, including the nature,
a new class of battle force ships, the Sec- objectives, duration, and location of the amendment SA 5499 submitted by Mr.
retary of the Navy shall submit to the con- training. REED (for himself and Mr. INHOFE) and
gressional defense committees a report on ‘‘(C) Plans to adjust how the training de- intended to be proposed to the bill H.R.
the employment, maintenance, and manning scribed in subparagraphs (A) and (B) will be 7900, to authorize appropriations for
baseline plans for the class, including a de- provided to personnel after delivery, includ- fiscal year 2023 for military activities
scription of the following: ing the nature and timeline of those adjust- of the Department of Defense, for mili-
‘‘(1) The sustainment and maintenance ments. tary construction, and for defense ac-
plans for the class that encompass the num- ‘‘(10) The notional employment schedule of
ber of years the class is expected to be in
tivities of the Department of Energy,
the ship for each month of the fiscal year in
service, including— which the ship is delivered and each of the to prescribe military personnel
‘‘(A) the allocation of maintenance tasks four fiscal years thereafter, including an strengths for such fiscal year, and for
among organizational, intermediate, depot, identification of time spent in the following other purposes; which was ordered to
or other activities; phases: lie on the table; as follows:
‘‘(B) the planned duration and interval of ‘‘(A) Basic. On page 645, between lines 10 and 11, insert
maintenance for all depot-level maintenance ‘‘(B) Integrated or advanced. the following:
availabilities; and ‘‘(C) Deployment. (8) Scandium.
‘‘(C) the planned duration and interval of ‘‘(D) Maintenance.
drydock maintenance periods. ‘‘(E) Sustainment. SA 5757. Mr. COTTON (for himself
‘‘(2) Any contractually required integrated ‘‘(b) NOTIFICATION REQUIRED.—Not less
logistics support deliverables for the ship, in- and Mr. KELLY) submitted an amend-
than 30 days before implementing a signifi-
cluding technical manuals, and an identifica- ment intended to be proposed to
cant change to the baseline plans described
tion of— in subsection (a) or any subsequent signifi- amendment SA 5499 submitted by Mr.
‘‘(A) the deliverables provided to the Gov- cant change, the Secretary of the Navy shall REED (for himself and Mr. INHOFE) and
ernment on or before the delivery date; and submit to the congressional defense commit- intended to be proposed to the bill H.R.
‘‘(B) the deliverables not provided to the tees written notification of the change, in- 7900, to authorize appropriations for
Government on or before the delivery date cluding for each such change the following: fiscal year 2023 for military activities
and the expected dates those deliverables ‘‘(1) An explanation of the change.
will be provided to the Government.
of the Department of Defense, for mili-
‘‘(2) The desired outcome. tary construction, and for defense ac-
‘‘(3) The planned maintenance system for ‘‘(3) The rationale.
the ship, including— tivities of the Department of Energy,
‘‘(4) The duration.
‘‘(A) the elements of the system, including ‘‘(5) The operational impact. to prescribe military personnel
maintenance requirement cards, completed ‘‘(6) The budgetary impact, including— strengths for such fiscal year, and for
on or before the delivery date; ‘‘(A) in the year in which the change is other purposes; which was ordered to
‘‘(B) the elements of the system not com- made; lie on the table; as follows:
pleted on or before the delivery date and the ‘‘(B) over the five years thereafter; and
expected completion date of those elements; At the end of subtitle B of title XIV, add
‘‘(C) over the expected service life of the the following:
and
relevant class of battle force ships. SEC. 1414. SUPPORT FOR UNITED STATES PRO-
‘‘(C) the plans to complete planned mainte-
‘‘(7) The personnel impact, including— DUCERS AND PROCESSORS OF STRA-
nance from the delivery date until all ele-
‘‘(A) in the year in which the change is TEGIC AND CRITICAL MATERIALS.
ments of the system have been completed.
made; (a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(4) The coordinated shipboard allowance
‘‘(B) over the five years thereafter; and (1) IN GENERAL.—There is authorized to be
list for the class, including—
‘‘(C) over the expected service life of the appropriated to the Defense Production Act
‘‘(A) the items on the list onboard on or be-
relevant class of battle force ships. Fund under section 304 of the Defense Pro-
fore the delivery date; and
‘‘(8) The sustainment and maintenance im- duction Act of 1950 (50 U.S.C. 4534) for fiscal
‘‘(B) the items on the list not onboard on
or before the delivery date and the expected pact, including— year 2023 $500,000,000 for activities of the De-
arrival date of those items. ‘‘(A) in the year in which the change is partment of Defense pursuant to section 108
‘‘(5) The ship manpower document for the made; and title III of the Defense Production Act of
class, including— ‘‘(B) over the five years thereafter; and 1950 (50 U.S.C. 4518 and 4531 et seq.).
‘‘(A) the number of officers by grade and ‘‘(C) over the expected service life of the (2) REQUIREMENTS FOR STRATEGIC AND CRIT-
designator; and relevant class of battle force ships. ICAL MINERALS.—Of the amount authorized to
‘‘(B) the number of enlisted personnel by ‘‘(c) TREATMENT OF CERTAIN SHIPS.—(1) For be appropriated by paragraph (1), not less
rate and rating. the purposes of this section, the Secretary of than $200,000,000 shall be available to meet
‘‘(6) The personnel billets authorized for the Navy shall treat as the first ship in a the requirements of the Department of De-
the ship for the fiscal year in which the ship new class of battle force ships the following: fense for—
is delivered and each of the four fiscal years ‘‘(A) U.S.S. John F. Kennedy (CVN–79). (A) materials specified in paragraphs (1)
thereafter, including— ‘‘(B) U.S.S. Michael Monsoor (DDG–1001). through (8) of section 1413(a); and
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‘‘(A) the number of officers by grade and ‘‘(C) U.S.S. Jack H. Lucas (DDG–125). (B) components and unfinished precursors
designator; and ‘‘(2) For each ship described in paragraph of such materials.
‘‘(B) the number of enlisted personnel by (1), the Senior Technical Authority shall (b) INCREASE IN LIMITATION ON COST OF DE-
rate and rating. identify critical systems for the purposes of FENSE PRODUCTION ACT PROJECTS FOR STRA-
‘‘(7) Programmed funding for manning and subsection (a)(9). TEGIC AND CRITICAL MATERIALS.—Section
end strength on the ship for the fiscal year ‘‘(d) DEFINITIONS.—In this section: 303(a)(6) of the Defense Production Act (50
in which the ship is delivered and each of the ‘‘(1) The term ‘battle force ship’ means the U.S.C. 4533(a)(6)) is amended—
four fiscal years thereafter, including— following: (1) in subparagraph (B)—
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S5244 CONGRESSIONAL RECORD — SENATE September 28, 2022
(A) by striking ‘‘If the taking’’ and insert- (1) the Committee on Foreign Relations (4) undermine the economic security of the
ing the following: and the Committee on Appropriations of the United States or other countries, including
‘‘(i) IN GENERAL.—If the taking’’; Senate; and by promoting corruption and advancing coer-
(B) by inserting ‘‘(except as provided in (2) the Committee on Foreign Affairs and cive economic practices.
clause (ii))’’ after ‘‘$50,000,000’’; and the Committee on Appropriations of the (e) COUNTERING MALIGN INFLUENCE.—In this
(C) by adding at the end the following: House of Representatives. section, countering malign influence
‘‘(ii) EXCEPTION FOR STRATEGIC AND CRIT- (c) POLICY GUIDANCE, COORDINATION, AND through the use of funds authorized to be ap-
ICAL MINERALS.—If the taking of any action APPROVAL.— propriated by subsection (a) shall include ef-
under this subsection to correct a domestic (1) COORDINATOR.—The Secretary of State forts—
industrial base shortfall in materials, com- shall designate an existing senior official of (1) to promote transparency and account-
ponents, or precursors described in section the Department of State at the rank of As- ability, and reduce corruption, including in
1414(a)(2) of the James M. Inhofe National sistant Secretary or above to provide policy governance structures targeted by the ma-
Defense Authorization Act for Fiscal Year guidance, coordination, and approval for the lign influence of the Chinese Communist
2023 would cause the aggregate outstanding obligation of funds authorized pursuant to Party;
amount of all such actions for such shortfall subsection (a). (2) to support civil society and independent
to exceed $100,000,000, the action or actions (2) DUTIES.—The senior official designated media to raise awareness of and increase
may be taken only after the 30-day period pursuant to paragraph (1) shall be respon- transparency regarding the negative impact
following the date on which the Committee sible for— of activities related to the Belt and Road Ini-
on Banking, Housing, and Urban Affairs of (A) on an annual basis, the identification tiative, associated initiatives, other eco-
the Senate and the Committee on Financial of specific strategic priorities for using the nomic initiatives with strategic or political
Services of the House of Representatives funds authorized to be appropriated by sub- purposes, and coercive economic practices;
have been notified in writing of the proposed section (a), such as geographic areas of focus (3) to counter transnational criminal net-
action.’’; and or functional categories of programming works that benefit, or benefit from, the ma-
(2) in subparagraph (C)— that funds are to be concentrated within, lign influence of the Chinese Communist
(A) by striking ‘‘If the taking’’ and insert- consistent with the national interests of the Party;
ing the following: United States and the purposes of this sec- (4) to encourage economic development
‘‘(i) IN GENERAL.—If the taking’’; tion; structures that help protect against preda-
(B) by inserting ‘‘(except as provided in (B) the coordination and approval of all tory lending schemes, including support for
programming conducted using the funds au- market-based alternatives in key economic
clause (ii))’’ after ‘‘$50,000,000’’; and
thorized to be appropriated by subsection (a), sectors, such as digital economy, energy, and
(C) by adding at the end the following:
based on a determination that such program-
‘‘(ii) EXCEPTION FOR RARE EARTH ELEMENTS infrastructure;
ming directly counters the malign influence
AND CRITICAL MINERALS.—If the taking of any (5) to counter activities that provide undue
of the Chinese Communist Party, including
action or actions under this section to cor- influence to the security forces of the Peo-
specific activities or policies advanced by
rect an industrial resource shortfall in mate- ple’s Republic of China;
the Chinese Communist Party, pursuant to
rials, components, or precursors described in (6) to expose misinformation and
the strategic objectives of the United States,
section 1414(a)(2) of the James M. Inhofe Na- disinformation of the Chinese Communist
as established in the 2017 National Security
tional Defense Authorization Act for Fiscal Party’s propaganda, including through pro-
Strategy, the 2018 National Defense Strat-
Year 2023 would cause the aggregate out- grams carried out by the Global Engagement
egy, and other relevant national and re-
standing amount of all such actions for such Center; and
gional strategies as appropriate;
industrial resource shortfall to exceed (7) to counter efforts by the Chinese Com-
(C) ensuring that all programming ap-
$100,000,000, no such action or actions may be munist Party to legitimize or promote au-
proved bears a sufficiently direct nexus to
taken, unless such action or actions are au- thoritarian ideology and governance models.
such acts by the Chinese Communist Party
thorized to exceed such amount by an Act of
described in subsection (d) and adheres to
Congress.’’. SA 5759. Mr. RISCH submitted an
the requirements outlined in subsection (e);
and amendment intended to be proposed to
SA 5758. Mr. RISCH submitted an (D) conducting oversight, monitoring, and amendment SA 5499 submitted by Mr.
amendment intended to be proposed to evaluation of the effectiveness of all pro- REED (for himself and Mr. INHOFE) and
amendment SA 5499 submitted by Mr. gramming conducted using the funds author- intended to be proposed to the bill H.R.
REED (for himself and Mr. INHOFE) and ized to be appropriated by subsection (a) to 7900, to authorize appropriations for
intended to be proposed to the bill H.R. ensure that it advances United States inter- fiscal year 2023 for military activities
7900, to authorize appropriations for ests and degrades the ability of the Chinese of the Department of Defense, for mili-
Communist Party, to advance activities that
fiscal year 2023 for military activities tary construction, and for defense ac-
align with subsection (d) of this section.
of the Department of Defense, for mili- (3) INTERAGENCY COORDINATION.—The senior tivities of the Department of Energy,
tary construction, and for defense ac- official designated pursuant to paragraph (1) to prescribe military personnel
tivities of the Department of Energy, shall, in coordinating and approving pro- strengths for such fiscal year, and for
to prescribe military personnel gramming pursuant to paragraph (2), seek— other purposes; which was ordered to
strengths for such fiscal year, and for (A) to conduct appropriate interagency lie on the table; as follows:
other purposes; which was ordered to consultation; and At the end of subtitle D of title XII of divi-
lie on the table; as follows: (B) to ensure, to the maximum extent sion A, add the following:
practicable, that all approved programming SEC. 1254. AMENDMENT TO THE MUTUAL EDU-
At the end of subtitle D of title XII, add functions in concert with other Federal ac- CATIONAL AND CULTURAL EX-
the following: tivities to counter the malign influence and CHANGE ACT OF 1961.
SEC. 1254. AUTHORIZATION OF APPROPRIATIONS activities of the Chinese Communist Party. The Mutual Educational and Cultural Ex-
FOR COUNTERING THE PEOPLE’S (4) ASSISTANT COORDINATOR.—The Adminis-
REPUBLIC OF CHINA MALIGN INFLU-
change Act of 1961 (22 U.S.C. 2451 et seq.) is
trator of the United States Agency for Inter- amended by inserting after section 108A the
ENCE FUND.
national Development shall designate a sen- following:
(a) COUNTERING THE PEOPLE’S REPUBLIC OF ior official at the rank of Assistant Adminis- ‘‘SEC. 108B. REPORTING REQUIREMENTS WITH
CHINA MALIGN INFLUENCE FUND.—There is au- trator or above to assist and consult with RESPECT TO PARTICIPATION BY
thorized to be appropriated $300,000,000 for the senior official designated pursuant to UNITED STATES ENTITIES IN CUL-
each of fiscal years 2023 through 2027 for the paragraph (1). TURAL EXCHANGE PROGRAMS IN-
Countering the People’s Republic of China (d) MALIGN INFLUENCE.—In this section, the VOLVING THE PEOPLE’S REPUBLIC
Malign Influence Fund to counter the malign term ‘‘malign influence’’ with respect to the OF CHINA.
influence of the Chinese Communist Party Chinese Communist Party shall be construed ‘‘(a) SENSE OF CONGRESS.—It is the sense of
globally. Amounts appropriated pursuant to to include acts conducted by the Chinese Congress that State and local entities in the
this authorization are authorized to remain Communist Party or entities acting on its United States and other organizations and
available until expended and shall be in addi- behalf that— individuals in the United States who spon-
tion to amounts otherwise authorized to be (1) undermine a free and open international sor, carry out, or otherwise participate in
appropriated to counter such influence. order; cultural, educational, and economic ex-
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(b) CONSULTATION REQUIRED.—The obliga- (2) advance an alternative, repressive change programs with the People’s Republic
tion of funds appropriated or otherwise made international order that bolsters the Chinese of China should adopt measures that facili-
available to counter the malign influence of Communist Party’s hegemonic ambitions tate rigorous oversight of such programs, in-
the Chinese Communist Party globally shall and is characterized by coercion and depend- cluding compliance with the oversight re-
be subject to prior consultation with, and ency; quirements described in this section, as ap-
consistent with section 634A of the Foreign (3) undermine the national security or sov- plicable.
Assistance Act of 1961 (22 U.S.C. 2394–1), the ereignty of the United States or other coun- ‘‘(b) INITIAL CERTIFICATION TO CONGRESS.—
regular notification procedures of— tries; or Not later than 5 days after entering into an
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5245
agreement to establish or reestablish any ‘‘(G) a detailed rationale for continuing the State is authorized to provide support, in-
cultural exchange program that involves the program despite any deviations described in cluding through the Strategic Infrastructure
Government of the People’s Republic of the report. Fund, for technical assistance, project prepa-
China pursuant to section 108A, the Sec- ‘‘(3) FORM OF REPORT.—The summary re- ration, pipeline development, and other in-
retary of State shall certify to the appro- quired under paragraph (1) shall be sub- frastructure project support.
priate congressional committees that— mitted in unclassified form. (2) JOINT STRATEGIC INFRASTRUCTURE
‘‘(e) EFFECT OF FAILURE OF UNITED STATES PROJECTS.—Funds authorized for the Stra-
‘‘(1) establishing or reestablishing such
ENTITY TO REPORT.—The Secretary of State tegic Infrastructure Fund should be used in
program is in the national interests of the
may not award any United States entity coordination with the Department of De-
United States;
that fails to comply with the reporting re- fense, the International Development Fi-
‘‘(2) such program will adhere to the pur-
quirements described in (b)(3) any funds, in nance Corporation, like-minded donor part-
poses set forth in section 101; and
the form of grants or otherwise, until such ners, and multilateral banks, as appropriate,
‘‘(3) the Department of State has estab-
entity is in compliance with the reporting to support joint infrastructure projects in
lished mechanisms requiring each United
requirements under this section. the Indo-Pacific region.
States entity carrying out or otherwise par- ‘‘(f) RULEMAKING.—The Secretary of State
ticipating in such program to submit an an- (3) STRATEGIC INFRASTRUCTURE PROJECTS.—
shall promulgate regulations to carry out Funds authorized for the Strategic Infra-
nual report to the Department of State (and this section.’’. structure Fund should be used to support
make such report publicly available) that in-
cludes— strategic infrastructure projects that are in
SA 5760. Mr. RISCH submitted an the national security interest of the United
‘‘(A) the total number of cultural exchange amendment intended to be proposed to
programs conducted by the entity; States and vulnerable to strategic competi-
‘‘(B) a description and purpose of each such
amendment SA 5499 submitted by Mr. tors.
REED (for himself and Mr. INHOFE) and (d) AUTHORIZATION OF APPROPRIATIONS.—
program;
intended to be proposed to the bill H.R. There is authorized to be appropriated, for
‘‘(C) an agenda or itinerary that describes
7900, to authorize appropriations for each of fiscal years 2023 through 2027,
the activities engaged in by program partici-
$75,000,000 to the Infrastructure Transaction
pants; and fiscal year 2023 for military activities and Assistance Network, of which $20,000,000
‘‘(D) a list of participants in each such pro- of the Department of Defense, for mili- shall be made available for the Transaction
gram, including the names and professional tary construction, and for defense ac- Advisory Fund.
affiliation of the participants. tivities of the Department of Energy, (e) REPORTS.—
‘‘(c) ANNUAL CERTIFICATIONS TO CON- to prescribe military personnel (1) IN GENERAL.—Not later than 180 days
GRESS.— strengths for such fiscal year, and for after the date of the enactment of this Act,
‘‘(1) IN GENERAL.—Not later than 1 year other purposes; which was ordered to and semiannually thereafter for 3 years, the
after establishing or reestablishing a cul- President shall submit to the appropriate
lie on the table; as follows:
tural exchange program described in sub- committees of Congress a report that in-
section (b), and annually thereafter through At the end of subtitle D of title XII, add cludes—
fiscal year 2027, the Secretary of State shall the following: (A) an identification of infrastructure
submit a certification to the appropriate SEC. 1254. INFRASTRUCTURE TRANSACTION AND projects, particularly in the transport, en-
ASSISTANCE NETWORK.
congressional committees that indicates ergy, and digital sectors, that the United
whether— (a) AUTHORITY.—The Secretary of State, in States is currently supporting or is consid-
‘‘(A) the continuation of such program is consultation with the Administrator of the ering supporting through financing, foreign
in the national interests of the United United States Agency for International De- assistance, technical assistance, or other
States; velopment, is authorized to establish an ini- means;
‘‘(B) such program is adhering to the pur- tiative, to be known as the ‘‘Infrastructure (B) for each project identified under sub-
poses set forth in section 101; and Transaction and Assistance Network’’, under paragraph (A)—
‘‘(C) the mechanisms described in sub- which the Secretary of State, in consulta- (i) the sector of the project; and
section (b)(3) provide the Department suffi- tion with other relevant Federal agencies, (ii) the recipient country of any such
cient transparency and oversight of each shall carry out various programs to advance United States support;
program. the development of sustainable, transparent, (C) a detailed explanation of the United
‘‘(2) FAILURE TO CERTIFY.—If the Secretary and high-quality infrastructure in the Indo- States and partner country interests served
of State fails to certify that all of the re- Pacific region by— by such United States support;
quirements under paragraph (1) have been (1) strengthening capacity-building pro- (D) a detailed accounting of the authorities
met with respect to a program described in grams to improve project evaluation proc- and programs upon which the United States
subsection (b), the Secretary shall suspend esses, regulatory and procurement environ- Government has relied in providing such sup-
or terminate the corresponding agreement ments, and project preparation capacity of port; and
described in subsection (b). countries that are partners of the United (E) a detailed description of any support
States in such development; provided by United States allies and partners
‘‘(d) TRANSPARENCY REPORT.— (2) providing transaction advisory services
‘‘(1) IN GENERAL.—The Secretary of State for such projects.
and project preparation assistance to sup- (2) FORM.—Each report required by para-
shall include, with the annual certification port sustainable infrastructure; and
required under subsection (c), a detailed graph (1) shall be submitted in unclassified
(3) coordinating the provision of United form but may include a classified annex.
summary of the reporting received pursuant States assistance for the development of in-
to subsection (b)(3) from United States enti- frastructure, including infrastructure that SA 5761. Mr. RISCH submitted an
ties that are carrying out or otherwise par- uses United States-manufactured goods and
ticipating in any cultural exchange program amendment intended to be proposed to
services, and catalyzing investment led by
that involves the Government of the People’s the private sector.
amendment SA 5499 submitted by Mr.
Republic of China pursuant to section 108A. (b) TRANSACTION ADVISORY FUND.—As part REED (for himself and Mr. INHOFE) and
‘‘(2) MATTERS TO BE INCLUDED.—The sum- of the Infrastructure Transaction and Assist- intended to be proposed to the bill H.R.
mary required under paragraph (1) shall in- ance Network described in subsection (a), the 7900, to authorize appropriations for
clude, for the reporting period— Secretary of State is authorized to provide fiscal year 2023 for military activities
‘‘(A) the total number of cultural exchange support, including through the Transaction of the Department of Defense, for mili-
programs conducted; Advisory Fund, for advisory services to help tary construction, and for defense ac-
‘‘(B) the total number of participants in boost the capacity of partner countries to
such cultural exchange programs; evaluate contracts and assess the financial
tivities of the Department of Energy,
‘‘(C) a list of the names and professional af- and environmental impacts of potential in- to prescribe military personnel
filiations of such participants; frastructure projects, including through pro- strengths for such fiscal year, and for
‘‘(D) an overview of the cultural exchange viding services such as— other purposes; which was ordered to
programs, including the inclusion of not (1) legal services; lie on the table; as follows:
fewer than 3 sample itineraries and illus- (2) project preparation and feasibility stud- At the end of subtitle D of title XII of divi-
trative examples of activities in which par- ies; sion A, add the following:
ticipants engaged; (3) debt sustainability analyses;
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SEC. 1254. INCREASING DEPARTMENT OF STATE
‘‘(E) an assessment of whether the cultural (4) bid or proposal evaluation; and PERSONNEL AND RESOURCES DE-
programs conducted during the reporting pe- (5) other services relevant to advancing the VOTED TO THE INDO-PACIFIC RE-
riod adhere to purposes set forth in section development of sustainable, transparent, and GION.
101, including a description of any noticeable high-quality infrastructure. (a) ACTION PLAN.—Not later than 180 days
deviations from such purposes; (c) STRATEGIC INFRASTRUCTURE FUND.— after the date of the enactment of this Act,
‘‘(F) a description of all actions by the De- (1) IN GENERAL.—As part of the Infrastruc- the Secretary of State shall submit an ac-
partment of State to remediate deviations ture Transaction and Assistance Network de- tion plan to the appropriate committees of
from such purposes; and scribed in subsection (a), the Secretary of Congress that—
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S5246 CONGRESSIONAL RECORD — SENATE September 28, 2022
(1) identifies requirements to advance REED (for himself and Mr. INHOFE) and ‘‘(1) APPOINTMENT.—The President shall ap-
United States strategic objectives in the intended to be proposed to the bill H.R. point, by and with the advice and consent of
Indo-Pacific region and the personnel and 7900, to authorize appropriations for the Senate, either the United States Ambas-
budgetary resources needed to meet such ob- sador to a country that is a member of the
fiscal year 2023 for military activities Pacific Islands Forum or another qualified
jectives, assuming an unconstrained resource
environment; of the Department of Defense, for mili- individual to serve as Special Envoy to the
(2) includes a plan for increasing the por- tary construction, and for defense ac- Pacific Islands Forum (referred to in this
tion of the Department of State’s budget tivities of the Department of Energy, section as the ‘Special Envoy’). If an Ambas-
that is dedicated to the Indo-Pacific region to prescribe military personnel sador is appointed to serve as the Special
in terms of diplomatic engagement and for- strengths for such fiscal year, and for Envoy pursuant this paragraph, he or she
eign assistance focused on development, eco- other purposes; which was ordered to may not begin such service until after Sen-
nomic, and security assistance; lie on the table; as follows: ate confirmation to such position and shall
(3) includes a summary of the actions that serve concurrently as an Ambassador and as
At the appropriate place in title II, insert
have been taken to increase the number of the Special Envoy without receiving addi-
the following:
positions at posts in the Indo-Pacific region tional compensation.
SEC. lll. ADDITIONAL AMOUNT FOR FABRICA-
and bureaus with responsibility for the Indo- ‘‘(2) DUTIES.—The Special Envoy shall—
TION OF ONE ADDITIONAL MEDIUM
Pacific region, and an action plan for further UNMANNED SURFACE VEHICLE. ‘‘(A) represent the United States in its role
increasing such positions during the next 2 (a) ADDITIONAL FUNDING.—The amount au- as dialogue partner to the Pacific Islands
fiscal years including— thorized to be appropriated for fiscal year Forum; and
(A) a description of increases at each post 2023 by section 201 for research, development, ‘‘(B) carry out such other duties as the
or bureau; test, and evaluation is hereby increased by President or the Secretary of State may pre-
(B) a breakdown of increases by cone; $23,566,000, with the amount of the increase scribe.’’.
(C) a description of how such increases in to be available for Medium Unmanned Sur-
personnel will advance United States stra- SA 5764. Mr. COONS (for himself and
face Vehicles (MUSVS) (PE 0605512N) to
tegic objectives in the Indo-Pacific region; carry out the fabrication of one additional Mr. PORTMAN) submitted an amend-
and medium unmanned surface vehicle. ment intended to be proposed to
(D) a description of training opportunities (b) OFFSET.— amendment SA 5499 submitted by Mr.
to be provided to such officers to improve (1) IN GENERAL.—The amount authorized to REED (for himself and Mr. INHOFE) and
their abilities— be appropriated for fiscal year 2023 by sec- intended to be proposed to the bill H.R.
(i) to advance free, fair, and reciprocal tion 301 for operation and maintenance is 7900, to authorize appropriations for
trade and open investment environments for hereby decreased by $23,566,000. fiscal year 2023 for military activities
United States companies, and engaged in in- (2) AVAILABILITY.—Of the amounts avail- of the Department of Defense, for mili-
creased commercial diplomacy in key mar- able pursuant to the authorization of appro-
tary construction, and for defense ac-
kets; priations in section 301 as specified in the
(ii) to better articulate and explain United funding tables in section 4301— tivities of the Department of Energy,
States policies; (A) the amount available for Operation and to prescribe military personnel
(iii) to strengthen civil society and demo- Maintenance, Navy, Base Operating Support, strengths for such fiscal year, and for
cratic principles; is hereby reduced by $20,000,000; and other purposes; which was ordered to
(iv) to enhance reporting on the People’s (B) the amount available for Operation and lie on the table; as follows:
Republic of China’s global activities; Maintenance, Defense-wide, Office of the At the end of subtitle F of title XII, add
(v) to promote people-to-people exchanges; Secretary of Defense, is hereby reduced by the following:
(vi) to advance United States’ influence in $3,566,000. SEC. 1276. ENDING GLOBAL WILDLIFE POACHING
the Indo-Pacific region; and AND TRAFFICKING.
(vii) to increase capacity at small- and me- SA 5763. Mr. KENNEDY submitted an (a) SHORT TITLE.—This section may be
dium-sized embassies and consulates in the amendment intended to be proposed to cited as the ‘‘Eliminate, Neutralize, and Dis-
Indo-Pacific region and in other regions amendment SA 5499 submitted by Mr. rupt Wildlife Trafficking Reauthorization
around the world, as necessary; REED (for himself and Mr. INHOFE) and and Improvements Act of 2022’’.
(4) defines concrete and annual bench- intended to be proposed to the bill H.R. (b) SENSE OF CONGRESS.—It is the sense of
marks that the Department of State will Congress that—
7900, to authorize appropriations for (1) the United States Government should
meet in implementing the action plan; and
(5) describes any barriers to implementing
fiscal year 2023 for military activities continue to work with international part-
the action plan. of the Department of Defense, for mili- ners, including nations, nongovernmental or-
(b) UPDATES TO REPORT AND BRIEFING.—Not tary construction, and for defense ac- ganizations, and the private sector, to iden-
later than 90 days after the submission of the tivities of the Department of Energy, tify long-standing and emerging areas of
action plan required under subsection (a), to prescribe military personnel concern in wildlife poaching and trafficking
and semiannually thereafter until Sep- strengths for such fiscal year, and for related to global supply and demand; and
tember 30, 2030, the Secretary of State shall (2) the activities and required reporting of
other purposes; which was ordered to the Presidential Task Force on Wildlife Traf-
submit an updated action plan and brief the lie on the table; as follows:
appropriate committees of Congress on the ficking, established by Executive Order 13648
At the end of subtitle D of title XII, add (78 Fed. Reg. 40621), and modified by sections
implementation of such action plan, with
the following: 201 and 301 of the Eliminate, Neutralize, and
supporting data, including a detailed assess-
SEC. 1254. SPECIAL ENVOY TO THE PACIFIC IS- Disrupt Wildlife Trafficking Act of 2016 (16
ment of benchmarks that have been reached. LANDS FORUM.
(c) SECRETARY OF STATE CERTIFICATION.— U.S.C. 7621 and 7631) should be reauthorized
(a) SENSE OF CONGRESS.—It is the sense of to minimize the disruption of the work of
Not later than 2 years after the date of the
Congress that— such Task Force.
enactment of this Act, the Secretary of
(1) the United States must increase its dip- (c) DEFINITIONS.—Section 2 of the Elimi-
State shall submit a certification to the ap-
lomatic activity and presence in the Pacific, nate, Neutralize, and Disrupt Wildlife Traf-
propriate committees of Congress that indi-
particularly among Pacific Island nations; ficking Act of 2016 (16 U.S.C. 7601) is amend-
cates whether or not the benchmarks de-
and ed—
scribed in the action plan required under
(2) the Special Envoy to the Pacific Islands (1) in paragraph (3), by inserting ‘‘involv-
subsection (a) have been met. This certifi-
Forum— ing local communities’’ after ‘‘approach to
cation requirement may not be delegated to conservation’’;
(A) should be used to coordinate policies
another Department of State official. (2) by amending paragraph (4) to read as
across the Pacific region with like-minded
(d) AUTHORIZATION OF APPROPRIATIONS.— follows:
democracies; and
There is authorized to be appropriated, for ‘‘(4) COUNTRY OF CONCERN.—The term
(B) should have a direct line to the Presi-
fiscal year 2024— ‘country of concern’ means a foreign country
dent and the Secretary of State to commu-
(1) $2,300,000,000 for bilateral and regional specially designated by the Secretary of
nicate regarding the unique and particular
foreign assistance resources to carry out the State pursuant to section 201(b) as a major
needs of Pacific partner nations.
purposes of part 1 and chapter 4 of part II of (b) SPECIAL ENVOY TO THE PACIFIC ISLANDS source of wildlife trafficking products or
the Foreign Assistance Act of 1961 (22 U.S.C. FORUM.—Section 1 of the State Department their derivatives, a major transit point of
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2151 et seq. and 2346 et seq.) in the Indo-Pa- Basic Authorities Act of 1956 (22 U.S.C. 2651a) wildlife trafficking products or their deriva-
cific region; and is amended— tives, or a major consumer of wildlife traf-
(2) $1,000,000,000 for diplomatic engagement (1) by redesignating subsection (h) (as ficking products, in which—
resources to the Indo-Pacific region. added by section 361(a)(1) of division FF of ‘‘(A) the government has actively engaged
Public Law 116–260) as subsection (k); and in, or knowingly profited from, the traf-
SA 5762. Mr. KENNEDY submitted an (2) by adding at the end the following: ficking of protected species; or
amendment intended to be proposed to ‘‘(l) SPECIAL ENVOY TO THE PACIFIC ISLANDS ‘‘(B) the government facilitates such traf-
amendment SA 5499 submitted by Mr. FORUM.— ficking through conduct that may include a
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5247
persistent failure to make serious and sus- (A) in subsection (d)— (4) Alexander Hamilton in The Federalist
tained efforts to prevent and prosecute such (i) in the matter preceding paragraph (1), No. 85 stated that ‘‘The Congress ‘shall call
trafficking.’’; and by striking ‘‘annually’’ and inserting ‘‘bien- a convention’. Nothing in this particular is
(3) in paragraph (11), by striking ‘‘section nially’’; left to the discretion of that body’’.
201’’ and inserting ‘‘section 301’’. (ii) in paragraph (4), by striking ‘‘and’’ at (5) Beginning in 1979, the Federal Govern-
(d) FRAMEWORK FOR INTERAGENCY RE- the end; ment failed in its constitutional duty to
SPONSE AND REPORTING.— (iii) in paragraph (5), by striking the period count applications and organize an Article V
(1) REAUTHORIZATION OF REPORT ON MAJOR at the end and inserting ‘‘; and’’; and Convention. Since that time, the debt of the
WILDLIFE TRAFFICKING COUNTRIES.—Section (iv) by adding at the end the following: United States has increased to more than
201 of the Eliminate, Neutralize, and Disrupt ‘‘(6) an analysis of the indicators developed $30,000,000,000,000 from $830,000,000,000.
Wildlife Trafficking Act of 2016 (16 U.S.C. by the Task Force, and recommended by the (6) The unanimous opinion of the United
7621) is amended— Government Accountability Office, to track States Supreme Court in Chiafalo v. Wash-
(A) in subsection (a), by striking ‘‘annually and measure inputs, outputs, law enforce- ington, 140 S. Ct. 2316, 2328 (2020) stated,
thereafter’’ and inserting ‘‘biennially there- ment outcomes, and the market for wildlife ‘‘electors . . . have no ground for reversing
after by June 1 of each year in which a re- products for each focus country listed in the the vote of millions of its citizens. That di-
port is required’’; and report, including baseline measures, as ap- rection accords with the Constitution—as
(B) by striking subsection (c) and inserting propriate, for each indicator in each focus well as with the trust of the Nation that
the following: country to determine the effectiveness and here, We the People rule.’’.
‘‘(c) DESIGNATION.—A country may be des- appropriateness of such indicators to assess SEC. ll3. DUTIES OF ARCHIVIST RELATING TO
ignated as a country of concern under sub- progress and whether additional or separate STATE APPLICATIONS FOR CALLING
section (b) regardless of such country’s sta- indicators, or adjustments to indicators, FOR CONVENTIONS OF STATES FOR
tus as a focus country. may be necessary for focus countries.’’; and PROPOSING CONSTITUTIONAL
‘‘(d) PROCEDURE FOR REMOVING COUNTRIES AMENDMENTS.
(B) in subsection (e), by striking ‘‘5 years
FROM LIST.—In the first report required (a) DUTIES DESCRIBED.—Chapter 2 of title 1,
after’’ and all that follows and inserting ‘‘on
under this section submitted after the date United States Code, is amended by inserting
September 30, 2028’’.
of the enactment of the Eliminate, Neu- after section 106b the following:
tralize, and Disrupt Wildlife Trafficking Re- ‘‘§ 106c. Duties relating to State applications
SA 5765. Mr. BRAUN submitted an
authorization and Improvements Act of 2022, calling for Article V Conventions
the Secretary of State, in consultation with amendment intended to be proposed to
amendment SA 5745 proposed by Mr. ‘‘(a) DEFINITIONS.—In this section:
the Secretary of the Interior and the Sec- ‘‘(1) ARCHIVIST.—The term ‘Archivist’
retary of Commerce, shall publish, in the SCHUMER to the bill H.R. 6833, to amend
means the Archivist of the United States.
Federal Register, a procedure for removing title XXVII of the Public Health Serv- ‘‘(2) ARTICLE V CONVENTION.—The term ‘Ar-
from the list in the biennial report any coun- ice Act, the Internal Revenue Code of ticle V Convention’ means a convention as
try of concern that no longer meets the defi- 1986, and the Employee Retirement In- described in Article V of the Constitution of
nition of country of concern under section
come Security Act of 1974 to establish the United States that is called by Congress
2(4).
‘‘(e) SUNSET.—This section shall cease to requirements with respect to cost-shar- and organized by the Archivist on the appli-
have force or effect on September 30, 2028.’’. ing for certain insulin products, and for cation of the legislatures of 2⁄3 of the several
(2) PRESIDENTIAL TASK FORCE ON WILDLIFE other purposes; which was ordered to States for proposing amendments that shall
RESPONSIBILITIES.—Section
be valid to all intents and purposes as part of
TRAFFICKING lie on the table; as follows:
301(a) of the Eliminate, Neutralize, and Dis- the Constitution of the United States when
At the end, add the following: ratified by the legislatures of 3⁄4 of the sev-
rupt Wildlife Trafficking Act of 2016 (16
DIVISION H—CONSTITUTIONAL eral States, or by conventions in 3⁄4 thereof,
U.S.C. 7631(a)) is amended—
CONVENTION OF THE UNITED STATES as one or the other mode of ratification may
(A) in paragraph (4), by striking ‘‘and’’ at
the end; SEC. 101. DEFINITION. be proposed by Congress.
In this division: ‘‘(b) CERTIFICATION AND NOTIFICATION.—
(B) by redesignating paragraph (5) as para-
(1) ARCHIVIST.—The term ‘‘Archivist’’ ‘‘(1) IN GENERAL.—Not later than 30 days
graph (9); and
means the Archivist of the United States. after receiving an application of a State call-
(C) by inserting after paragraph (4) the fol-
(2) ARTICLE V CONVENTION.—The term ‘‘Ar- ing for an Article V Convention, the Archi-
lowing:
ticle V Convention’’ means a convention as vist shall authenticate, count, and publish,
‘‘(5) pursue programs and develop a strat-
described in Article V of the Constitution of on a publicly available website, such applica-
egy—
the United States that is called by Congress tions, together with any resolution of any
‘‘(A) to expand the role of technology for
and organized by the Archivist on the appli- State to rescind any such previous applica-
anti-poaching and anti-trafficking efforts, in
cation of the legislatures of 2⁄3 of the several tion submitted by that State.
partnership with the private sector, foreign
States for proposing amendments that shall ‘‘(2) EXISTING APPLICATIONS.—Not later
governments, academia, and nongovern-
be valid to all intents and purposes as part of than 180 days after the date of enactment of
mental organizations (including technology
the Constitution of the United States when this section, the Archivist shall authen-
companies and the transportation and logis-
ratified by the legislatures of 3⁄4 of the sev- ticate, count, and publish all applications of
tics sectors); and
eral States, or by conventions in 3⁄4 thereof, a State calling for an Article V Convention
‘‘(B) to enable local governments to de-
as one or the other mode of ratification may received before the date of enactment of this
velop and use such technologies;
be proposed by Congress. section.
‘‘(6) consider programs and initiatives that ‘‘(c) CERTIFICATION AND NOTIFICATION RE-
address the expansion of the illegal wildlife SEC. 102. FINDINGS.
QUIREMENTS.—Upon receipt and authentica-
trade to digital platforms, including the use Congress finds the following: tion by the Archivist under subsection (b) of
of digital currency and payment platforms (1) Article V of the Constitution of the applications calling for an Article V Conven-
for transactions by collaborating with the United States requires that ‘‘The Congress tion of the legislatures of 2⁄3 of the several
private sector, academia, and nongovern- . . . on the Application of the Legislatures of States which have not been rescinded, the
mental organizations, including social two thirds of the several States, shall call a Archivist shall publish in the Federal Reg-
media, e-commerce, and search engine com- Convention for proposing Amendments’’ to ister a certification that 2⁄3 of the several
panies, as appropriate; the Constitution of the United States. States have called for the Article V Conven-
‘‘(7)(A) implement interventions to address (2) Since the first application approved by tion, together with a list of the States sub-
the drivers of poaching, trafficking, and de- a State for an Article V Convention in 1788, mitting applications calling for the Article
mand for illegal wildlife and wildlife prod- 42 States in total have submitted applica- V Convention.’’.
ucts in focus countries and countries of con- tions. (b) CLERICAL AMENDMENT.—The table of
cern; (3) The Constitution of the United States sections for chapter 2 of title 1, United
‘‘(B) set benchmarks for measuring the ef- states that an Article V Convention shall be States Code, is amended by inserting after
fectiveness of such interventions; and called upon the active application of 2⁄3 of the the item relating to section 106b the fol-
‘‘(C) consider alignment and coordination States. Such application occurs when a lowing:
with indicators developed by the Task Force; State, through its legislature, approves a pe-
‘‘106c. Duties relating to State applications
‘‘(8) consider additional opportunities to tition for an Article V Convention. The
calling for Article V Conven-
increase coordination between law enforce- threshold of applications from 2⁄3 of the
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tions.’’.
ment and financial institutions to identify States to require an Article V Convention
trafficking activity; and’’. has been met several times, as— SA 5766. Mr. PORTMAN submitted an
(3) PRESIDENTIAL TASK FORCE ON WILDLIFE (A) in 1979, there were 39 active applica-
amendment intended to be proposed to
TRAFFICKING STRATEGIC REVIEW.—Section 301 tions;
of the Eliminate, Neutralize, and Disrupt (B) in 1983, there were 40 active applica- amendment SA 5499 submitted by Mr.
Wildlife Trafficking Act of 2016 (16 U.S.C. tions; and REED (for himself and Mr. INHOFE) and
7631), as amended by paragraph (2), is further (C) not less than 34 States have filed active intended to be proposed to the bill H.R.
amended— applications as recently as 2021. 7900, to authorize appropriations for
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S5248 CONGRESSIONAL RECORD — SENATE September 28, 2022
fiscal year 2023 for military activities ‘‘(A) ASSIGNMENTS.—The Clearinghouse research centers relating to safety, security,
of the Department of Defense, for mili- shall be assigned such personnel and re- and targeted violence at faith-based organi-
tary construction, and for defense ac- sources as the Secretary considers appro- zations and houses of worship; and
priate to carry out this section. ‘‘(ii) other supportive evidence or findings
tivities of the Department of Energy, ‘‘(B) DETAILEES.—The Secretary may co- relied upon by the Clearinghouse in deter-
to prescribe military personnel ordinate detailees as required for the Clear- mining best practices and recommendations
strengths for such fiscal year, and for inghouse. to improve the safety and security posture of
other purposes; which was ordered to ‘‘(C) DESIGNATED POINT OF CONTACT.—There a faith-based organization or house of wor-
lie on the table; as follows: shall be not less than 1 employee assigned or ship upon implementation; and
At the end, add the following: detailed to the Clearinghouse who shall be ‘‘(E) include an overview of the available
DIVISION E—PRAY SAFE ACT the designated point of contact to provide in- resources the Clearinghouse can provide for
formation and assistance to faith-based orga- faith-based organizations and houses of wor-
SEC. 5001. SHORT TITLE.
nizations and houses of worship, including ship.
This Act may be cited as the ‘‘Pray Safe assistance relating to the grant program es- ‘‘(3) ADDITIONAL INFORMATION.—The Clear-
Act’’. tablished under section 5005 of the Pray Safe inghouse shall maintain and make available
SEC. 5002. DEFINITIONS. Act. The contact information of the des- a comprehensive index of all Federal grant
In this division— ignated point of contact shall be made avail- programs for which faith-based organizations
(1) the term ‘‘Clearinghouse’’ means the able on the website of the Clearinghouse. and houses of worship are eligible, which
Federal Clearinghouse on Safety Best Prac- ‘‘(D) QUALIFICATION.—To the maximum ex- shall include the performance metrics for
tices for Faith-Based Organizations and tent possible, any personnel assigned or de- each grant management that the recipient
Houses of Worship established under section tailed to the Clearinghouse under this para- will be required to provide.
2220A of the Homeland Security Act of 2002, graph should be familiar with faith-based or- ‘‘(4) PAST RECOMMENDATIONS.—To the
as added by section 5003 of this division; ganizations and houses of worship and with greatest extent practicable, the Clearing-
(2) the term ‘‘Department’’ means the De- physical and online security measures to house shall identify and present, as appro-
partment of Homeland Security; identify and prevent safety and security priate, best practices and recommendations
(3) the terms ‘‘faith-based organization’’ risks. issued by Federal, State, local, Tribal, terri-
and ‘‘house of worship’’ have the meanings ‘‘(c) CLEARINGHOUSE CONTENTS.— torial, private sector, and nongovernmental
given such terms under section 2220E of the ‘‘(1) EVIDENCE-BASED TIERS.— organizations relevant to the safety and se-
Homeland Security Act of 2002, as added by ‘‘(A) IN GENERAL.—The Secretary, in con- curity of faith-based organizations and
section 5003 of this division; and sultation with the Attorney General, the Ex- houses of worship.
(4) the term ‘‘Secretary’’ means the Sec- ecutive Director of the White House Office of ‘‘(d) ASSISTANCE AND TRAINING.—The Sec-
retary of Homeland Security. Faith-Based and Neighborhood Partnerships, retary may produce and publish materials on
SEC. 5003. FEDERAL CLEARINGHOUSE ON SAFETY and the head of any other agency that the the Clearinghouse to assist and train faith-
AND SECURITY BEST PRACTICES Secretary determines appropriate, shall de- based organizations, houses of worship, and
FOR FAITH-BASED ORGANIZATIONS velop tiers for determining evidence-based law enforcement agencies on the implemen-
AND HOUSES OF WORSHIP. practices that demonstrate a significant ef- tation of the best practices and rec-
(a) IN GENERAL.—Subtitle A of title XXII of fect on improving safety or security, or both, ommendations.
the Homeland Security Act of 2002 (6 U.S.C. for faith-based organizations and houses of ‘‘(e) CONTINUOUS IMPROVEMENT.—
651 et seq.) is amended by adding at the end worship. ‘‘(1) IN GENERAL.—The Secretary shall—
the following: ‘‘(B) REQUIREMENTS.—The tiers required to ‘‘(A) collect for the purpose of continuous
‘‘SEC. 2220E. FEDERAL CLEARINGHOUSE ON be developed under subparagraph (A) shall— improvement of the Clearinghouse—
SAFETY AND SECURITY BEST PRAC- ‘‘(i) prioritize— ‘‘(i) Clearinghouse data analytics;
TICES FOR FAITH-BASED ORGANIZA- ‘‘(I) strong evidence from not less than 1 ‘‘(ii) user feedback on the implementation
TIONS AND HOUSES OF WORSHIP. well-designed and well-implemented experi- of resources, best practices, and rec-
‘‘(a) DEFINITIONS.—In this section— mental study; and ommendations identified by the Clearing-
‘‘(1) the term ‘Clearinghouse’ means the ‘‘(II) moderate evidence from not less than house; and
Clearinghouse on Safety and Security Best 1 well-designed and well-implemented quasi- ‘‘(iii) any evaluations conducted on imple-
Practices for Faith-Based Organizations and experimental study; and mentation of the best practices and rec-
Houses of Worship established under sub- ‘‘(ii) consider promising evidence that ommendations of the Clearinghouse; and
section (b)(1); demonstrates a rationale based on high-qual- ‘‘(B) in coordination with the Faith-Based
‘‘(2) the term ‘faith-based organization’ ity research findings or positive evaluations Security Advisory Council of the Depart-
means a group, center, or nongovernmental that such activity, strategy, or intervention ment, the Department of Justice, the Execu-
organization with a religious, ideological, or is likely to improve security and promote tive Director of the White House Office of
spiritual motivation, character, affiliation, safety for faith-based organizations and Faith-Based and Neighborhood Partnerships,
or purpose; houses of worship. and any other agency that the Secretary de-
‘‘(3) the term ‘house of worship’ means a ‘‘(2) CRITERIA FOR BEST PRACTICES AND REC- termines appropriate—
place or building, including synagogues, OMMENDATIONS.—The best practices and rec- ‘‘(i) assess and identify Clearinghouse best
mosques, temples, and churches, in which ommendations of the Clearinghouse shall, at practices and recommendations for which
congregants practice their religious or spir- a minimum— there are no resources available through
itual beliefs; and ‘‘(A) identify areas of concern for faith- Federal Government programs for implemen-
‘‘(4) the term ‘safety and security’, for the based organizations and houses of worship, tation;
purpose of the Clearinghouse, means preven- including event planning recommendations, ‘‘(ii) provide feedback on the implementa-
tion of, protection against, or recovery from checklists, facility hardening, tabletop exer- tion of best practices and recommendations
threats, including manmade disasters, nat- cise resources, and other resilience meas- of the Clearinghouse; and
ural disasters, or violent attacks. ures; ‘‘(iii) propose additional recommendations
‘‘(b) ESTABLISHMENT.— ‘‘(B) involve comprehensive safety meas- for best practices for inclusion in the Clear-
‘‘(1) IN GENERAL.—Not later than 270 days ures, including threat prevention, prepared- inghouse; and
after the date of enactment of the Pray Safe ness, protection, mitigation, incident re- ‘‘(C) not less frequently than annually, ex-
Act, the Secretary, in consultation with the sponse, and recovery to improve the safety amine and update the Clearinghouse in ac-
Attorney General, the Executive Director of posture of faith-based organizations and cordance with—
the White House Office of Faith-Based and houses of worship upon implementation; ‘‘(i) the information collected under sub-
Neighborhood Partnerships, and the head of ‘‘(C) involve comprehensive safety meas- paragraph (A); and
any other agency that the Secretary deter- ures, including preparedness, protection, ‘‘(ii) the recommendations proposed under
mines appropriate, shall establish a Federal mitigation, incident response, and recovery subparagraph (B)(iii).
Clearinghouse on Safety and Security Best to improve the resiliency of faith-based orga- ‘‘(2) ANNUAL REPORT TO CONGRESS.—The
Practices for Faith-Based Organizations and nizations and houses of worship from man- Secretary shall submit to Congress, on an
Houses of Worship within the Department. made and natural disasters; annual basis, a report on the updates made
‘‘(2) PURPOSE.—The Clearinghouse shall be ‘‘(D) include any evidence or research ra- to the Clearinghouse during the preceding 1-
the primary resource of the Federal Govern- tionale supporting the determination of the year period under paragraph (1)(C), which
ment— Clearinghouse that the best practices or rec-
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shall include a description of any changes
‘‘(A) to educate and publish online best ommendations under subparagraph (B) have made to the Clearinghouse.’’.
practices and recommendations for safety been shown to have a significant effect on (b) TECHNICAL AMENDMENT.—The table of
and security for faith-based organizations improving the safety and security of individ- contents in section 1(b) of the Homeland Se-
and houses of worship; and uals in faith-based organizations and houses curity Act of 2002 (Public Law 107–296; 116
‘‘(B) to provide information relating to of worship, including— Stat. 2135) is amended—
Federal grant programs available to faith- ‘‘(i) findings and data from previous Fed- (1) by moving the item relating to section
based organizations and houses of worship. eral, State, local, Tribal, territorial, private 2220D to appear after the item relating to
‘‘(3) PERSONNEL.— sector, and nongovernmental organization section 2220C; and
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5249
(2) by inserting after the item relating to tices and recommendations of the Clearing- gees in the Near East (referred to in this Act
section 2220D the following: house; and as ‘‘UNRWA’’), which operates in Syria, Leb-
‘‘Sec. 2220E. Federal Clearinghouse on Safe- (C) any resources or programs, including anon, Jordan, the Gaza Strip, and the West
ty Best Practices for Faith- community prevention or intervention ef- Bank, to define a Palestinian refugee as a
Based Organizations and Houses forts, that may be used to assist in targeted person who—
of Worship.’’. violence and terrorism prevention. (1) resided, between June 1946 and May
SEC. 5004. NOTIFICATION OF CLEARINGHOUSE. SEC. 5006. OTHER RESOURCES. 1948, in the region controlled by Britain be-
The Secretary shall provide written notifi- The Secretary shall, on the website of the tween 1922 and 1948 that was known as Man-
cation of the establishment of the Clearing- Clearinghouse, include a separate section for datory Palestine;
house, with an overview of the resources re- other resources that shall provide a central- (2) was personally displaced as a result of
quired as described in section 2220E of the ized list of all available points of contact to the 1948 Arab-Israeli conflict; and
Homeland Security Act of 2002, as added by seek assistance in grant applications and in (3) has not accepted an offer of legal resi-
section 5003 of this division, and section 5005 carrying out the best practices and rec- dency status, citizenship, or other perma-
of this division, to— ommendations of the Clearinghouse, includ- nent adjustment in status in another coun-
(1) every State homeland security advisor; ing— try or territory.
(2) every State department of homeland se- (1) a list of contact information to reach (b) LIMITATIONS ON REFUGEE AND DERIVA-
curity; Department personnel to assist with grant- TIVE REFUGEE STATUS.—In applying the defi-
(3) other Federal agencies with grant pro- related questions; nition under subsection (a) with respect to
grams or initiatives that aid in the safety (2) the applicable Cybersecurity and Infra- refugees receiving assistance from UNRWA,
and security of faith-based organizations and structure Security Agency contact informa- it shall be the policy of the United States,
houses of worship, as determined appropriate tion to connect houses of worship with Pro- consistent with the definition of refugee in
by the Secretary; tective Security Advisors; section 101(a)(42) of the Immigration and Na-
(4) every Federal Bureau of Investigation (3) contact information for all Department tionality Act (8 U.S.C. 1101(a)(42)) and the re-
Joint Terrorism Task Force; Fusion Centers, listed by State; quirements for eligibility for refugee status
(5) every Homeland Security Fusion Cen- (4) information on the If you See Some- under section 207 of such Act (8 U.S.C. 1157),
ter; thing Say Something Campaign of the De- that—
(6) every State or territorial Governor or partment; and (1) derivative refugee status may only be
other chief executive; (5) any other appropriate contacts. extended to the spouse or a minor child of a
(7) the Committee on Homeland Security SEC. 5007. RULE OF CONSTRUCTION. Palestinian refugee; and
and Governmental Affairs and the Com- (2) an alien who is firmly resettled in any
Nothing in this division or the amend-
mittee on the Judiciary of the Senate; and country is not eligible to retain refugee sta-
ments made by this division shall be con-
(8) the Committee on Homeland Security tus.
strued to create, satisfy, or waive any re-
and the Committee on the Judiciary of the SEC. 1283. UNITED STATES CONTRIBUTIONS TO
quirement under Federal civil rights laws,
House of Representatives. UNRWA.
including—
SEC. 5005. GRANT PROGRAM OVERVIEW.
(1) title II of the Americans With Disabil- Section 301(c) of the Foreign Assistance
(a) DHS GRANTS AND RESOURCES.—The Sec- Act of 1961 (22 U.S.C. 2221) is amended to read
ities Act of 1990 (42 U.S.C. 12131 et seq.); or
retary shall include a grants program over- as follows:
view on the website of the Clearinghouse (2) title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.). ‘‘(c) WITHHOLDING.—
that shall—
SEC. 5008. EXEMPTION. ‘‘(1) DEFINITIONS.—In this subsection:
(1) be the primary location for all informa-
Chapter 35 of title 44, United States Code ‘‘(A) ANTI-SEMITIC.—The term ‘anti-Se-
tion regarding Department grant programs
(commonly known as the ‘‘Paperwork Reduc- mitic’—
that are open to faith-based organizations
tion Act’’) shall not apply to any rulemaking ‘‘(i) has the meaning adopted on May 26,
and houses of worship;
or information collection required under this 2016, by the International Holocaust Remem-
(2) directly link to each grant application
division or under section 2220E of the Home- brance Alliance as the non-legally binding
and any applicable user guides;
(3) identify all safety and security home- land Security Act of 2002, as added by section working definition of anti-Semitism; and
land security assistance programs managed 5003 of this division. ‘‘(ii) includes the contemporary examples
by the Department that may be used to im- SEC. 5009. ADDITIONAL TECHNICAL AMENDMENT. of anti-Semitism in public life, the media,
plement best practices and recommendation schools, the workplace, and in the religious
(a) AMENDMENT.—Section 904(b)(1) of the
of the Clearinghouse; sphere identified on such date by the Inter-
DOTGOV Act of 2020 (title IX of division U of
(4) annually, and concurrent with the ap- national Holocaust Remembrance Alliance.
Public Law 116–260) is amended, in the mat-
plication period for any grant identified ‘‘(B) APPROPRIATE CONGRESSIONAL COMMIT-
ter preceding subparagraph (A), by striking
TEES.—The term ‘appropriate congressional
under paragraph (1), provide information re- ‘‘Homeland Security Act’’ and inserting
lated to the required elements of grant appli- committees’ means—
‘‘Homeland Security Act of 2002’’.
cations to aid smaller faith based organiza- (b) EFFECTIVE DATE.—The amendment ‘‘(i) the Committee on Foreign Relations of
tions and houses of worship in earning access made by paragraph (1) shall take effect as if the Senate;
to Federal grants; and enacted as part of the DOTGOV Act of 2020 ‘‘(ii) the Committee on Appropriations of
(5) provide frequently asked questions and (title IX of division U of Public Law 116–260). the Senate;
answers for the implementation of best prac- --- ‘‘(iii) the Committee on Foreign Affairs of
tices and recommendations of the Clearing- SA 5767. Mr. RISCH submitted an the House of Representatives; and
house and best practices for applying for a ‘‘(iv) the Committee on Appropriations of
amendment intended to be proposed to the House of Representatives.
grant identified under paragraph (1). amendment SA 5499 submitted by Mr.
(b) OTHER FEDERAL GRANTS AND RE- ‘‘(C) BOYCOTT OF, DIVESTMENT FROM, AND
REED (for himself and Mr. INHOFE) and SANCTIONS AGAINST ISRAEL.—The term ‘boy-
SOURCES.—Each Federal agency notified
under section 5004(3) shall provide necessary intended to be proposed to the bill H.R. cott of, divestment from, and sanctions
information on any Federal grant programs 7900, to authorize appropriations for against Israel’ has the meaning given to such
or resources of the Federal agency that are fiscal year 2023 for military activities term in section 909(f)(1) of the Trade Facili-
available for faith-based organizations and of the Department of Defense, for mili- tation and Trade Enforcement Act of 2015 (19
houses of worship to the Secretary or the ap- tary construction, and for defense ac- U.S.C. 4452(f)(1)).
propriate point of contact for the Clearing- ‘‘(D) FOREIGN TERRORIST ORGANIZATION.—
tivities of the Department of Energy, The term ‘foreign terrorist organization’
house.
(c) STATE GRANTS AND RESOURCES.— to prescribe military personnel means an organization designated as a for-
(1) IN GENERAL.—Any State notified under strengths for such fiscal year, and for eign terrorist organization by the Secretary
paragraph (1), (2), or (6) of section 5004 may other purposes; which was ordered to of State in accordance with section 219(a) of
provide necessary information on any grant lie on the table; as follows: the Immigration and Nationality Act (8
programs or resources of the State available At the end of title XII, add the following: U.S.C. 1189(a)).
for faith-based organizations and houses of ‘‘(E) UNRWA.—The term ‘UNRWA’ means
Subtitle G—United Nations Relief and Works
worship to the Secretary or the appropriate the United Nations Relief and Works Agency
Agency for Palestine Refugees in the Near
point of contact for the Clearinghouse. for Palestine Refugees in the Near East.
East
(2) IDENTIFICATION OF RESOURCES.—The ‘‘(2) CERTIFICATION.—Notwithstanding any
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Clearinghouse shall, to the extent prac- SEC. 1281. SHORT TITLE. other provision of law, the United States
ticable, identify, for each State— This subtitle may be cited as the ‘‘UNRWA may not provide contributions to UNRWA,
(A) each agency responsible for safety for Accountability and Transparency Act’’. to any successor or related entity, or to the
faith-based organizations and houses of wor- SEC. 1282. STATEMENT OF POLICY. regular budget of the United Nations for the
ship in the State, or any State that does not (a) PALESTINIAN REFUGEE DEFINED.—It support of UNRWA or a successor entity
have such an agency designated; shall be the policy of the United States, in (through staff positions provided by the
(B) any grant program that may be used matters concerning the United Nations Re- United Nations Secretariat or otherwise) un-
for the purposes of implementing best prac- lief and Works Agency for Palestine Refu- less the Secretary of State submits a written
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S5250 CONGRESSIONAL RECORD — SENATE September 28, 2022
certification to the appropriate congres- ‘‘(F) UNRWA holds no accounts or other af- (B) do not endanger the security of Israel
sional committees that— filiations with financial institutions that the in any way.
‘‘(A) no official, employee, consultant, con- United States considers or believes to be
tractor, subcontractor, representative, affil- complicit in money laundering and terror fi- SA 5768. Mr. RISCH submitted an
iate of UNRWA, an UNRWA partner organi- nancing. amendment intended to be proposed to
zation, or an UNRWA contracting entity pur- ‘‘(3) PERIOD OF EFFECTIVENESS.— amendment SA 5499 submitted by Mr.
suant to completion of a thorough vetting ‘‘(A) IN GENERAL.—A certification de- REED (for himself and Mr. INHOFE) and
and background check process— scribed in paragraph (2) shall be effective
intended to be proposed to the bill H.R.
‘‘(i) is a member of, is affiliated with, or until the earlier of—
‘‘(i) the date on which the Secretary re- 7900, to authorize appropriations for
has any ties to a foreign terrorist organiza-
tion, including Hamas and Hezbollah; ceives information rendering the certifi- fiscal year 2023 for military activities
‘‘(ii) has advocated, planned, sponsored, or cation described in paragraph (2) factually of the Department of Defense, for mili-
engaged in any terrorist activity; inaccurate; or tary construction, and for defense ac-
‘‘(iii) has propagated or disseminated anti- ‘‘(ii) the date that is 180 days after the date tivities of the Department of Energy,
American, anti-Israel, or anti-Semitic rhet- on which it is submitted to the appropriate to prescribe military personnel
oric, incitement, or propaganda, including— congressional committees. strengths for such fiscal year, and for
‘‘(I) calling for or encouraging the destruc- ‘‘(B) NOTIFICATION OF RENUNCIATION.—If a
other purposes; which was ordered to
tion of Israel; certification becomes ineffective pursuant to
subparagraph (A), the Secretary shall lie on the table; as follows:
‘‘(II) failing to recognize Israel’s right to
promptly notify the appropriate congres- At the end of subtitle A of title XII, add
exist;
sional committees of the reasons for re- the following:
‘‘(III) showing maps without Israel;
‘‘(IV) describing Israelis as ‘occupiers’ or nouncing or failing to renew such certifi- SEC. 1214. LIMITATION ON FUNDING FOR PEACE-
cation. KEEPING TRAINING OF FOREIGN
‘settlers’; MILITARY FORCES.
‘‘(V) advocating, endorsing, or expressing ‘‘(4) LIMITATION.—During any year in which
a certification described in paragraph (1) is Section 552 of the Foreign Assistance Act
support for violence, hatred, jihad, mar-
in effect, the United States may not con- of 1961 (22 U.S.C. 2348a) is amended by adding
tyrdom, or terrorism, glorifying, honoring,
tribute to UNRWA, or to any successor enti- at the end the following:
or otherwise memorializing any person or ‘‘(e) None of the funds appropriated or oth-
group that has advocated, sponsored, or com- ty, an amount that—
‘‘(A) is greater than the highest contribu- erwise made available to carry out this chap-
mitted acts of terrorism, or providing mate- ter, including funding for the Global Peace
rial support to terrorists or their families; tion to UNRWA made by a member country
of the League of Arab States for such year; Operations Initiative of the Department of
‘‘(VI) expressing support for boycott of, di- State, may be used to train or support for-
vestment from, and sanctions against Israel and
‘‘(B) is greater (as a proportion of the total eign military forces in peacekeeping training
(commonly referred to as ‘BDS’); exercises administered by the Government of
‘‘(VII) claiming or advocating for a ‘right UNRWA budget) than the proportion of the
total budget for the United Nations High the People’s Republic of China or by the Peo-
of return’ of refugees into Israel; ple’s Liberation Army unless, by not later
‘‘(VIII) ignoring, denying, or not recog- Commissioner for Refugees paid by the
United States.’’. than the first day of the fiscal year in which
nizing the historic connection of the Jewish such training or support is scheduled to
people to the land of Israel; and SEC. 1284. REPORT.
occur, the Secretary of State certifies to the
‘‘(IX) calling for violence against Ameri- (a) APPROPRIATE CONGRESSIONAL COMMIT- Committee on Foreign Relations of the Sen-
cans; or TEES DEFINED.—In this section, the term
ate and the Committee on Foreign Affairs of
‘‘(iv) has used any UNRWA resources, in- ‘‘appropriate congressional committees’’ the House of Representatives that such
cluding publications, websites, or social means— training or support is important to the na-
media platforms, to propagate or dissemi- (1) the Committee on Foreign Relations of tional security interests of the United
nate anti-American, anti-Israel, or anti-Se- the Senate; States.’’.
mitic rhetoric, incitement, or propaganda, (2) the Committee on Appropriations of the
including with respect to any of the matters Senate; SA 5769. Mr. RISCH submitted an
described in subclauses (I) through (IX) of (3) the Committee on Foreign Affairs of the
clause (iii); House of Representatives; and
amendment intended to be proposed to
‘‘(B) no UNRWA school, hospital, clinic, fa- (4) the Committee on Appropriations of the amendment SA 5499 submitted by Mr.
cility, or other infrastructure or resource is House of Representatives. REED (for himself and Mr. INHOFE) and
being used by a foreign terrorist organiza- (b) IN GENERAL.—Not later than 180 days intended to be proposed to the bill H.R.
tion or any member thereof— after the date of the enactment of this Act, 7900, to authorize appropriations for
‘‘(i) for terrorist activities, such as oper- and annually thereafter, the Secretary of fiscal year 2023 for military activities
ations, planning, training, recruitment, State shall submit a report to the appro- of the Department of Defense, for mili-
fundraising, indoctrination, communica- priate congressional committees describing tary construction, and for defense ac-
tions, sanctuary, storage of weapons or other the actions being taken to implement a com-
materials; or prehensive plan for—
tivities of the Department of Energy,
‘‘(ii) as an access point to any underground (1) encouraging other countries to adopt to prescribe military personnel
tunnel network, or any other terrorist-re- the policy regarding Palestinian refugees strengths for such fiscal year, and for
lated purposes; that is described in section 1282; other purposes; which was ordered to
‘‘(C) UNRWA is subject to comprehensive (2) urging other countries to withhold their lie on the table; as follows:
financial audits by an internationally recog- contributions to UNRWA, to any successor At the end of subtitle D of title XII, add
nized third party independent auditing firm or related entity, or to the regular budget of the following:
that— the United Nations for the support of SEC. 1254. DEPARTMENT OF STATE REPORT ON
‘‘(i) is agreed upon by the Government of UNRWA or a successor entity (through staff THE PEOPLE’S REPUBLIC OF CHI-
Israel and the Palestinian Authority; and positions provided by the United Nations NA’S UNITED NATIONS PEACE-
‘‘(ii) has implemented an effective system Secretariat or otherwise) until UNRWA has KEEPING EFFORTS.
of vetting and oversight to prevent the use, met the conditions listed in subparagraphs (a) ANNUAL REPORT.—Not later than Janu-
receipt, or diversion of any UNRWA re- (A) through (F) of section 301(c)(2) of the ary 31 of each year through January 31, 2027,
sources by any foreign terrorist organization Foreign Assistance Act of 1961, as added by the Secretary of State shall submit to the
or members thereof; section 1283; appropriate congressional committees a re-
‘‘(D) no UNRWA controlled or funded facil- (3) working with other countries to phase port on the People’s Republic of China
ity, such as a school, an educational institu- out UNRWA and assist Palestinians receiv- United Nations peacekeeping efforts.
tion, or a summer camp, uses textbooks or ing UNRWA services by— (b) ELEMENTS.—The report required under
other educational materials that propagate (A) integrating such Palestinians into subsection (a) shall include an assessment of
or disseminate anti-American, anti-Israel, or their local communities in the countries in the People’s Republic of China contributions
anti-Semitic rhetoric, incitement, or propa- which they are residing; or to United Nations peacekeeping missions, in-
ganda, including with respect to any of the (B) resettling such Palestinians in coun- cluding—
matters described in subclauses (I) through tries other than Israel or territories con- (1) a detailed list of the placement of Peo-
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(IX) of subparagraph (A)(iii); trolled by Israel in the West Bank in accord- ple’s Republic of China peacekeeping troops;
‘‘(E) no recipient of UNRWA funds or loans ance with international humanitarian prin- (2) an estimate of the amount of money
is— ciples; and that the People’s Republic of China receives
‘‘(i) a member of, is affiliated with, or has (4) ensuring that the actions described in from the United Nations for its peacekeeping
any ties to a foreign terrorist organization; paragraph (3)— contributions;
or (A) are being implemented in complete co- (3) an estimate of the portion of the money
‘‘(ii) otherwise engaged in terrorist activi- ordination with, and with the support of, the People’s Republic of China receives for
ties; and Israel; and its peacekeeping operations and troops that
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5251
comes from United States contributions to (b) PURPOSE.—The purpose of this section (24) The United Nations Children’s Fund.
United Nations peacekeeping efforts; is to establish a United States Multilateral (25) The United Nations Department of
(4) an analysis comparing the locations of Aid Review (referred to in this section as the Economic and Social Affairs.
People’s Republic of China peacekeeping ‘‘Review’’) to publicly assess the value of (26) The United Nations Development Pro-
troops and the locations of ‘‘One Belt, One United States Government investments in gramme.
Road’’ projects; and multilateral entities. (27) The United Nations Entity for Gender
(5) an assessment of the number of Chinese (c) APPROPRIATE CONGRESSIONAL COMMIT- Equality and the Empowerment of Women.
United Nations peacekeepers who are part of TEES DEFINED.—In this section, the term (28) The United Nations Environment Pro-
the People’s Liberation Army or People’s ‘‘appropriate congressional committees’’ gramme.
Armed Police, including which rank, divi- means— (29) The United Nations Framework Con-
sions, branches, and theater commands. (1) the Committee on Foreign Relations of vention on Climate Change.
(c) APPROPRIATE CONGRESSIONAL COMMIT- the Senate; (30) The United Nations Office for Project
TEES DEFINED.—In this section, the term (2) the Committee on Appropriations of the Services.
‘‘appropriate congressional committees’’ Senate; (31) The United Nations Office for the Co-
means— (3) the Committee on Foreign Affairs of the ordination of Humanitarian Affairs.
(1) the Committee on Foreign Relations of House of Representatives; (32) The United Nations Office on Drugs
the Senate; and (4) the Committee on Financial Services of and Crime.
(2) the Committee on Foreign Affairs of the the House of Representatives; and (33) The United Nations Population Fund.
House of Representatives. (5) the Committee on Appropriations of the (34) The United Nations Relief and Works
At the end of subtitle D of title XII, add House of Representatives. Agency for Palestine Refugees in the Near
the following: (d) OBJECTIVES.—The objectives of the Re- East.
view are— (35) The United Nations Voluntary Fund
SEC. 1254. DEPARTMENT OF STATE REPORT ON
THE PEOPLE’S REPUBLIC OF CHI- (1) to provide a tool to guide the United for Victims of Torture.
NA’S UNITED NATIONS PEACE- States Government’s decision making and (36) The World Food Program.
KEEPING EFFORTS. prioritization with regard to funding multi- (37) The World Health Organization.
(a) ANNUAL REPORT.—Not later than Janu- lateral entities; (38) The World Meteorological Organiza-
ary 31 of each year through January 31, 2027, (2) to provide a methodological basis for al- tion.
the Secretary of State shall submit to the locating budgetary resources to entities that (f) REPORT ON REVIEW.—
appropriate congressional committees a re- advance relevant United States foreign pol- (1) SUBMISSION.—
port on the People’s Republic of China icy objectives; (A) IN GENERAL.—Not later than 21 months
United Nations peacekeeping efforts. (3) to incentivize improvements in the per- after the date of the enactment of this Act,
(b) ELEMENTS.—The report required under formance of multilateral entities to achieve the Task Force established under subsection
subsection (a) shall include an assessment of better outcomes, including in developing, (g), in regular consultation with the Peer Re-
the People’s Republic of China contributions fragile, and crisis-afflicted regions; and view Group established under subsection (h),
to United Nations peacekeeping missions, in- (4) to protect United States taxpayer in- shall submit a report to the appropriate con-
cluding— vestments in foreign assistance by pro- gressional committees that describes the
(1) a detailed list of the placement of Peo- moting transparency with regard to the findings of the Review.
ple’s Republic of China peacekeeping troops; funding of multilateral entities. (B) PUBLICATION.—The Secretary of State
(2) an estimate of the amount of money (e) SCOPE.—The Review shall assess, at a shall publish the report described in subpara-
that the People’s Republic of China receives minimum, the following multilateral enti- graph (A) on the internet website of the De-
from the United Nations for its peacekeeping ties to which the United States Government partment of State not later than 15 days
contributions; contributes voluntary or assessed funding, after the date on which the report is sub-
(3) an estimate of the portion of the money whether cash or in-kind: mitted to the appropriate congressional
the People’s Republic of China receives for (1) The World Bank Group, including the committees.
its peacekeeping operations and troops that International Bank for Reconstruction and (2) METHODOLOGY.—
comes from United States contributions to Development, the International Develop- (A) USE OF CRITERIA.—The Task Force shall
United Nations peacekeeping efforts; ment Association, and the International Fi- establish an analytical framework and as-
(4) an analysis comparing the locations of nance Corporation. sessment scorecard for the Review using the
People’s Republic of China peacekeeping (2) The regional development banks, in- criteria set forth in paragraph (3).
troops and the locations of ‘‘One Belt, One cluding the Asian Development Bank, the (B) CONSULTATION WITH CONGRESS.—
Road’’ projects; and African Development Bank, the Inter-Amer- (i) SUBMISSION OF METHODOLOGY.—Not later
(5) an assessment of the number of Chinese ican Development Bank, the European Bank than 90 days after the appointments to the
United Nations peacekeepers who are part of for Reconstruction and Development, and Peer Review Group are made pursuant to
the People’s Liberation Army or People’s the North American Development Bank. subsection (h)(2), the Task Force shall sub-
Armed Police, including which rank, divi- (3) Climate Investment Funds. mit the methodology for the Review to the
sions, branches, and theater commands. (4) The Food and Agriculture Organization. appropriate congressional committees.
(c) APPROPRIATE CONGRESSIONAL COMMIT- (5) Gavi, the Vaccine Alliance. (ii) CONSIDERATION OF CONGRESSIONAL
TEES DEFINED.—In this section, the term (6) The Global Environment Facility. VIEWS.—The Task Force may not proceed
‘‘appropriate congressional committees’’ (7) The Global Fund to Fight AIDS, Tuber- with the Review until 30 days after the
means— culosis and Malaria. methodology to the appropriate congres-
(1) the Committee on Foreign Relations of (8) The Green Climate Fund. sional committees, taking into consideration
the Senate; and (9) The Inter-American Institute for Co- the views of the Chairmen and Ranking
(2) the Committee on Foreign Affairs of the operation for Agriculture. Members of each of the appropriate congres-
House of Representatives. (10) The International Civil Aviation Orga- sional committees.
--- nization. (C) PUBLICATION OF CRITERIA AND METHOD-
SA 5770. Mr. RISCH submitted an (11) The International Committee of the OLOGY.—The Secretary of State shall publish
amendment intended to be proposed to Red Cross. the final criteria and methodology for the
amendment SA 5499 submitted by Mr. (12) The International Fund for Agricul- Review on the internet website of the De-
tural Development. partment of State not later than 60 days
REED (for himself and Mr. INHOFE) and (13) The International Labour Organiza- after submitting the proposed methodology
intended to be proposed to the bill H.R. tion. to the appropriate congressional committees
7900, to authorize appropriations for (14) The International Organization for Mi- pursuant to subparagraph (B)(i).
fiscal year 2023 for military activities gration. (3) ASSESSMENT CRITERIA.—The assessment
of the Department of Defense, for mili- (15) The International Telecommunication scorecard shall include the following cri-
tary construction, and for defense ac- Union. teria:
tivities of the Department of Energy, (16) The Joint UN Program on HIV/AIDS. (A) RELATIONSHIP OF STATED GOALS TO AC-
(17) The Multilateral Fund for the Imple- TUAL RESULTS.—The extent to which the
to prescribe military personnel
mentation of the Montreal Protocol. stated mission, goals, and objectives of the
strengths for such fiscal year, and for (18) The Office of the United Nations High entity have been achieved during the review
other purposes; which was ordered to Commissioner for Human Rights. period, including—
SSpencer on DSK126QN23PROD with SENATE
lie on the table; as follows: (19) The Office of the United Nations High (i) an identification of the stated mission,
At the end of subtitle A of title XII, add Commissioner for Refugees. goals, and objectives of each entity;
the following: (20) The Organisation for Economic Co-op- (ii) an evaluation of the extent to which
SEC. 1214. UNITED STATES MULTILATERAL AID eration and Development. the entity met its stated implementation
REVIEW. (21) The Organization of American States. timelines and achieved declared results; and
(a) SHORT TITLE.—This section may be (22) The Pacific Forum Fisheries Agency. (iii) an evaluation of whether the entity
cited as the ‘‘Multilateral Aid Review Act of (23) The Pan American Health Organiza- optimizes resources to achieve the stated
2022’’. tion. mission, goals, and objectives of the entity.
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S5252 CONGRESSIONAL RECORD — SENATE September 28, 2022
(B) RESPONSIBLE MANAGEMENT.—The extent (ii) whether continued participation in (i) review the draft report submitted under
to which management of the entity follows each entity contributes a benefit towards subparagraph (A); and
best management practices, including— achieving United States foreign policy objec- (ii) not later than 90 days before the sub-
(i) an evaluation of the ratio of manage- tives. mission of the report required under sub-
ment and administrative expenses to pro- (g) UNITED STATES MULTILATERAL REVIEW section (f)(1), provide to the Task Force and
gram expenses, including an evaluation of TASK FORCE.— to the appropriate congressional commit-
entity resources spent on nonprogrammatic (1) ESTABLISHMENT.—The President shall tees—
expenses; establish an interagency Multilateral Re- (I) an analysis of the conclusions of the re-
(ii) an evaluation of program expense view Task Force (referred to in this section port;
growth, including a comparison of the an- as the ‘‘Task Force’’) to review and assess (II) an analysis of the established meth-
nual growth of program expenses to the an- United States participation in multilateral odologies used to reach such conclusions;
nual growth of management and administra- entities identified in subsection (e) and to (III) an analysis of the evidence used to
tive expenses; and develop and submit the report required under reach such conclusions; and
(iii) an evaluation of whether the entity subsection (f) to the appropriate congres- (IV) any additional comments to improve
has established appropriate levels of senior sional committees. the evaluations and analysis of the report.
management compensation. (2) LEADERSHIP.—The Task Force shall be (5) PERIOD OF APPOINTMENT; VACANCIES.—
(C) ACCOUNTABILITY AND TRANSPARENCY.— chaired by the Secretary of State, who may (A) IN GENERAL.—Each member of the Peer
The extent to which the policies and proce- delegate his or her responsibilities under this Review Group shall be appointed for a 2-year
section to an appropriate senior Senate-con- term.
dures of the entity follow best practices of
firmed Department of State official. (B) VACANCIES.—Any vacancy in the Peer
accountability and transparency, taking into
(3) MEMBERSHIP.—The President may ap- Review Group—
consideration credible reporting regarding
point to the interagency Task Force senior (i) shall not affect the powers of the Peer
unauthorized conversion or diversion of enti-
Senate-confirmed officials from the Depart- Review Group; and
ty resources, and including an evaluation of
ment of State, the Department of the Treas- (ii) shall be filled in the same manner as
whether the entity has—
ury, the United States Agency for Inter- the original appointment.
(i) established and enforced—
national Development, the Centers for Dis- (6) MEETINGS.—
(I) appropriate auditing procedures; (A) IN GENERAL.—The Peer Review Group
(II) appropriate rules to reduce the risk of ease Control and Prevention, the Depart-
shall meet at the call of the Chairman.
conflicts of interest among the senior leader- ment of Agriculture, the Department of En-
(B) INITIAL MEETING.—The Peer Review
ship of the entity; and ergy, and any other relevant executive
Group shall hold its first meeting not later
(III) appropriate whistleblower policies; branch department or agency.
than 30 days after its last member is ap-
(ii) established and maintained— (4) CONSULTATION.—In preparing the report
pointed.
(I) appropriate records retention policies under subsection (f), including the initial re-
(C) QUORUM.—A majority of the members
and guidelines; view of methodology, the Task Force shall
of the Peer Review Group shall constitute a
(II) best practices with respect to trans- consult regularly with the Peer Review
quorum, but a lesser number of members
parency and public disclosure; and Group established under subsection (h).
may hold meetings.
(III) best practices with respect to disclo- (h) UNITED STATES MULTILATERAL AID RE- (i) TERMINATION OF AUTHORITIES.—The au-
sure of the compensation of senior leadership VIEW PEER REVIEW GROUP.— thorities and requirements provided under
officials. (1) ESTABLISHMENT.—There is established this section shall terminate on the date that
(D) ALIGNMENT WITH UNITED STATES FOR- the United States Multilateral Aid Review is 2 years after the date of the enactment of
EIGN POLICY OBJECTIVES.—The extent to Peer Review Group (referred to in this sec- this Act.
which the policies and practices of the entity tion as the ‘‘Peer Review Group’’). ---
align with relevant United States foreign (2) MEMBERSHIP.— SA 5771. Mr. RISCH (for himself, Mr.
policy objectives, including an evaluation (A) COMPOSITION.—The Peer Review Group ROUNDS, and Mr. VAN HOLLEN) sub-
of— shall be composed of 8 nongovernmental vol- mitted an amendment intended to be
(i) the entity’s stated mission, goals, and unteer members, of whom— proposed to amendment SA 5499 sub-
objectives in comparison to relevant United (i) 2 shall be appointed by the majority mitted by Mr. REED (for himself and
States foreign policy objectives; leader of the Senate;
Mr. INHOFE) and intended to be pro-
(ii) any significant divergence between the (ii) 2 shall be appointed by the minority
actions of the entity and relevant United leader of the Senate; posed to the bill H.R. 7900, to authorize
States foreign policy objectives; and (iii) 2 shall be appointed by the Speaker of appropriations for fiscal year 2023 for
(iii) whether continued participation by the House of Representatives; and military activities of the Department
the United States in the entity contributes a (iv) 2 shall be appointed by the minority of Defense, for military construction,
net benefit towards achieving relevant leader of the House of Representatives. and for defense activities of the De-
United States foreign policy objectives, in- (B) APPOINTMENT CRITERIA.—The members partment of Energy, to prescribe mili-
cluding the reasons for such conclusion. of the Peer Review Group shall have appro- tary personnel strengths for such fiscal
(E) MULTILATERAL APPROACH COMPARED TO priate expertise and knowledge of the multi- year, and for other purposes; which was
BILATERAL APPROACH.—The extent to which lateral entities subject to the Review estab- ordered to lie on the table; as follows:
pursuing relevant United States foreign pol- lished under this section. In making appoint- At the end of subtitle F of title XII, add
icy objectives through a multilateral ap- ments to the Peer Review Group, the ap- the following:
proach is effective and cost-efficient com- pointing authorities should take into ac- SEC. 1276. SOMALILAND PARTNERSHIP ACT.
pared to, or complementary to, a bilateral count potential conflicts of interest. (a) SHORT TITLE.—This section may be
approach, including an evaluation of— (C) DATE.—The appointments to the Peer cited as the ‘‘Somaliland Partnership Act’’.
(i) whether relevant United States foreign Review Group shall be made not later than (b) DEFINED TERM.—In this section, the
policy objectives are effectively pursued 30 days after the date on which the Task term ‘‘Somaliland’’ means the territory
through the entity, compared to existing or Force is established pursuant to subsection that—
potential bilateral approaches, including the (g)(1), and the terms of the members so ap- (1) received its independence from the
criteria used in the evaluation; and pointed shall begin on such date. United Kingdom on June 26, 1960, before the
(ii) whether relevant United States foreign (D) CHAIRMAN AND VICE CHAIRMAN.—The creation of the Somali Republic;
policy objectives are pursued on a cost-effec- Peer Review Group shall select a Chairman (2) has been a self-declared independent
tive basis through the entity, including the and Vice Chairman from among the members and sovereign state since 1991 that is not
amount of funding leveraged from non- of the Peer Review Group. internationally recognized; and
United States Government sources, com- (3) EXPERT ANALYSIS.—The Peer Review (3) exists as a semi-autonomous region of
pared to existing or potential bilateral ap- Group shall meet regularly with the Task the Federal Republic of Somalia.
proaches. Force, including regarding the initial review (c) REPORT ON FOREIGN ASSISTANCE AND
(F) REDUNDANCIES AND OVERLAP.—The ex- of methodology, to offer their expertise of OTHER ACTIVITIES IN SOMALILAND.—
tent to which the mission, goals, and objec- the funding and performance of multilateral (1) DEFINED TERM.—In this subsection, the
tives of the entity overlap with, or com- entities. term ‘‘appropriate congressional commit-
plement, the mission, goals, objectives, and (4) REVIEW OF REPORT.— tees’’ means—
programs of other multilateral institutions (A) IN GENERAL.—Not later than 180 days (A) the Committee on Foreign Relations of
SSpencer on DSK126QN23PROD with SENATE
to which the United States Government con- before submitting the report required under the Senate; and
tributes voluntary or assessed funding, subsection (f)(1), the Task Force shall submit (B) the Committee on Foreign Affairs of
whether cash or in-kind, including— a draft of the report to— the House of Representatives.
(i) a comparison of the extent to which rel- (i) the Peer Review Group; and (2) REPORT.—
evant United States foreign policy objectives (ii) the appropriate congressional commit- (A) IN GENERAL.—Not later than September
are effectively pursued on a cost-effective tees. 30, 2022, and annually thereafter until the
basis through each of the overlapping enti- (B) REVIEW.—The Peer Review Group date that is 5 years after the date of the en-
ties; and shall— actment of this Act, the Secretary of State,
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5253
in consultation with the Administrator of (3) REPORT TO CONGRESS.—Not later than REED (for himself and Mr. INHOFE) and
the United States Agency for International 180 days after the date of the enactment of intended to be proposed to the bill H.R.
Development, shall submit a report to the this Act, the Secretary of State, in coordina- 7900, to authorize appropriations for
appropriate congressional committees that, tion with the Secretary of Defense and the
with respect to the most recently concluded
fiscal year 2023 for military activities
heads of other relevant Federal departments
12-month period— and agencies, shall submit a classified report of the Department of Defense, for mili-
(i) describes United States foreign assist- to the appropriate congressional committees tary construction, and for defense ac-
ance to Somaliland, including— that contains the results of the feasibility tivities of the Department of Energy,
(I) the value of such assistance (in United study required under paragraph (2), including to prescribe military personnel
States dollars); an assessment of the extent to which— strengths for such fiscal year, and for
(II) the source from which such assistance (A) opportunities exist for the United other purposes; which was ordered to
was funded; States to support the training of
(III) the names of the programs through
lie on the table; as follows:
Somaliland’s security sector actors with a
which such assistance was administered; At the end of subtitle E of title III, add the
specific focus on counterterrorism and bor-
(IV) the implementing partners through following:
der and maritime security;
which such assistance was provided; SEC. 372. PLAN FOR RESOLVING CHALLENGES
(B) Somaliland’s security forces were im- REGARDING SMALL ARMS TRAINING
(V) the sponsoring bureau of the United plicated, if any, in gross violations of human AND QUALIFICATION FOR MEMBERS
States Government; and rights during the 3-year period immediately OF THE RESERVE COMPONENTS.
(VI) if the assistance broadly targeted the preceding the date of the enactment of this (a) IN GENERAL.—Not later than 180 days
Federal Republic of Somalia, the portion of Act; after the date of the enactment of this Act,
such assistance that was— (C) the United States has provided or dis- the Assistant Secretary of Defense for Man-
(aa) explicitly intended to support cussed with officials of Somaliland the provi- power and Reserve Affairs shall submit to
Somaliland; and sion of training to security forces, includ- the Committees on Armed Services of the
(bb) ultimately employed in Somaliland; ing— Senate and the House of Representatives a
(ii) details the staffing and responsibilities (i) where such training has occurred; plan for resolving existing challenges regard-
of the Department of State and the United (ii) the extent to which Somaliland secu- ing small arms training and qualifications
States Agency for International Develop- rity forces have demonstrated the ability to for members of the reserve components of
ment supporting foreign assistance, rela- absorb previous training; and the Armed Forces.
tions, consular services, and security initia- (iii) the ability of Somaliland security (b) ELEMENTS.—The plan required under
tives in Somaliland, including the location forces to maintain and appropriately utilize subsection (a) shall include—
of such personnel (duty station) and their such training, as applicable; (1) specific details for the resolution of bar-
corresponding bureau; (D) a United States diplomatic and secu- riers to small arms training and qualifica-
(iii) provides— rity engagement partnership with tions for members of the reserve components
(I) a detailed account of travel to Somaliland would have a strategic impact, of the Armed Forces; and
Somaliland by employees of the Department including by protecting the United States (2) a plan for providing necessary resources
of State and the United States Agency for and allied maritime interests in the Bab-el- for access to live-fire ranges without incur-
International Development, if any, including
Mandeb Strait and at Somaliland’s Port of ring significant cost and excessive travel
the position, duty station, and trip purpose
Berbera; time for a majority of such members.
for each such trip; or
(E) Somaliland could—
(II) the justification for not traveling to SA 5773. Mr. CRUZ submitted an
(i) serve as a maritime gateway in East Af-
Somaliland if no such personnel traveled
during the reporting period;
rica for the United States and its allies; and amendment intended to be proposed to
(ii) counter Iran’s presence in the Gulf of amendment SA 5499 submitted by Mr.
(iv) describes consular services provided by
Aden and China’s growing regional military REED (for himself and Mr. INHOFE) and
the Department of State for the residents of
presence;
Somaliland; intended to be proposed to the bill H.R.
(F) a United States security and defense
(v) discusses the Department of State’s 7900, to authorize appropriations for
Travel Advisory for Somalia related to the partnership could—
(i) bolster cooperation between Somaliland fiscal year 2023 for military activities
region of Somaliland; and of the Department of Defense, for mili-
(vi) if the Travel Advisory for all or part of and Taiwan;
Somaliland is identical to the Travel Advi- (ii) stabilize this semi-autonomous region tary construction, and for defense ac-
sory for other regions of Somalia, justifies of Somalia further as a democratic counter- tivities of the Department of Energy,
such ranking based on a security assessment weight to anti-democratic forces in the to prescribe military personnel
of the region of Somaliland. greater Horn of Africa region; and strengths for such fiscal year, and for
(B) FORM.—The report required under sub- (iii) impact the capacity of the United
other purposes; which was ordered to
paragraph (A) shall be submitted in unclassi- States to achieve policy objectives in Soma-
lia, particularly to degrade and ultimately lie on the table; as follows:
fied form, but may contain a classified At the end of subtitle B of title XIV, add
annex. defeat the terrorist threat posed by Al-
the following:
(d) FEASIBILITY STUDY.— Shabaab, the Islamic State in Somalia (the
SEC. 1414. BRIEFING ON ABILITY OF DEPART-
(1) DEFINED TERM.—In this subsection, the Somalia-based Islamic State affiliate), and MENT OF DEFENSE TO RECOVER
term ‘‘appropriate congressional commit- other terrorist groups operating in Somalia; RARE EARTH MATERIALS FROM
tees’’ means— (G) the extent to which an improved rela- END-OF-LIFE ITEMS.
(A) the Committee on Foreign Relations of tionship with Somaliland could— Not later than 180 days after the date of
the Senate; (i) support United States policy focused on the enactment of this Act, the Under Sec-
(B) the Committee on Armed Services of the Red Sea corridor, the Indo-Pacific re- retary of Defense for Acquisition and
the Senate; gion, and the Horn of Africa; Sustainment shall brief the Committees on
(C) the Committee on Foreign Affairs of (ii) improve cooperation on counterter- Armed Services of the Senate and the House
the House of Representatives; and rorism and intelligence sharing; of Representatives on the ability of the De-
(D) the Committee on Armed Services of (iii) enable cooperation on counter-traf- partment of Defense—
the House of Representatives. ficking, including the trafficking of humans, (1) to identify end-of-life items that con-
(2) FEASIBILITY STUDY.—The Secretary of wildlife, weapons, and illicit goods; and tain rare earth materials;
State, in coordination with the Secretary of (iv) support trade and development, includ- (2) to sell or barter such items to rare
Defense, shall conduct a feasibility study ing how Somaliland could benefit from Pros- earth recycling manufacturers; and
that— per Africa and other regional trade initia- (3) to ensure that recovered rare earth ma-
(A) includes coordination with Somaliland tives. terials and other critical materials are re-
security organs; (4) FORM.—The report required under para- tained in the United States.
(B) determines opportunities for collabora- graph (3) shall be submitted in unclassified
tion in the pursuit of United States national form, but may contain a classified annex. SA 5774. Mr. CRUZ submitted an
security interests in the Horn of Africa, the (e) RULE OF CONSTRUCTION.—Nothing in amendment intended to be proposed to
Gulf of Aden, and the broader Indo-Pacific this Act, including the reporting require- amendment SA 5499 submitted by Mr.
region; ment under subsection (c) and the conduct of REED (for himself and Mr. INHOFE) and
SSpencer on DSK126QN23PROD with SENATE
(C) identifies the practicability of improv- the feasibility study under subsection (d),
may be construed to convey United States
intended to be proposed to the bill H.R.
ing the professionalization and capacity of 7900, to authorize appropriations for
Somaliland security sector actors; and recognition of Somaliland as an independent
state. fiscal year 2023 for military activities
(D) identifies the most effective way to
conduct and carry out programs, trans- of the Department of Defense, for mili-
actions, and other relations in the City of SA 5772. Mr. CRUZ submitted an tary construction, and for defense ac-
Hargeisa on behalf of the United States Gov- amendment intended to be proposed to tivities of the Department of Energy,
ernment. amendment SA 5499 submitted by Mr. to prescribe military personnel
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S5254 CONGRESSIONAL RECORD — SENATE September 28, 2022
strengths for such fiscal year, and for reduced, and any actions designed to miti- (1) Abdul Malik al-Houthi.
other purposes; which was ordered to gate such a reduction. (2) Abd al-Khaliq Badr al-Din al-Houthi.
lie on the table; as follows: (4) A detailed description of the require- (3) Abdullah Yahya al-Hakim.
ments for the Department to effectuate any (c) ANSARALLAH DEFINED.—In this section,
In the funding table in section 4101, in the relocation and redeployment of members of the term ‘‘Ansarallah’’ means the movement
item relating to V–22 (MEDIUM LIFT), the Armed Forces from the country in which known as Ansarallah, the Houthi movement,
strike the amount in the Senate Authorized the total number of Armed Forces serving on or any other alias.
column and insert ‘‘1,099,795’’. active duty is being reduced and the associ-
In the funding table in section 4101, in the ated relocation of military families. SA 5777. Mr. SULLIVAN (for himself
item relating to Total Aircraft Procurement, (5) A detailed analysis of— and Ms. MURKOWSKI) submitted an
Navy, strike the amount in the Senate Au- (A) the impact of such a reduction and re- amendment intended to be proposed to
thorized column and insert ‘‘19,527,814’’. deployment of military capabilities on the
In the funding table in section 4101, in the
amendment SA 5745 proposed by Mr.
ability of the United States— SCHUMER to the bill H.R. 6833, to amend
item relating to Total Procurement, strike (i) to meet commitments under the North
the amount in the Senate Authorized column title XXVII of the Public Health Serv-
Atlantic Treaty; and
and insert ‘‘158,987,016’’. (ii) to support operations in the Middle ice Act, the Internal Revenue Code of
East and Africa; 1986, and the Employee Retirement In-
SA 5775. Mr. CRUZ submitted an (B) the impact of such a reduction and re- come Security Act of 1974 to establish
amendment intended to be proposed to deployment on the implementation of the requirements with respect to cost-shar-
amendment SA 5499 submitted by Mr. National Defense Strategy and on Joint ing for certain insulin products, and for
REED (for himself and Mr. INHOFE) and Force Planning; and other purposes; which was ordered to
intended to be proposed to the bill H.R. (C) the cost implications of such a reduc- lie on the table; as follows:
tion and redeployment, including—
7900, to authorize appropriations for At the appropriate place, insert the fol-
(i) the cost of any associated new facilities
fiscal year 2023 for military activities lowing:
to be constructed, or existing facilities to be
of the Department of Defense, for mili- SEC. ll. FEDERAL COST SHARE FOR DISASTER
renovated, at the location where the mem- RELIEF RELATED TO TYPHOON
tary construction, and for defense ac- bers of the Armed Forces are to be moved MERBOK.
tivities of the Department of Energy, and stationed; and Notwithstanding sections 403(b), 403(c)(4),
to prescribe military personnel (ii) the costs associated with rotational de- 404(a), 406(b), 407(d), 408(g)(2), 428(e)(2)(B), and
strengths for such fiscal year, and for ployments. 503(a) of the Robert T. Stafford Disaster Re-
other purposes; which was ordered to (b) APPROPRIATE COMMITTEES OF CONGRESS lief and Emergency Assistance Act (42 U.S.C.
DEFINED.—In this section, the term ‘‘appro- 5121 et seq.), for any emergency or major dis-
lie on the table; as follows: priate committees of Congress’’ means— aster declared by the President under such
At the end of subtitle C of title XII, add (1) the Committee on Armed Services and Act with a declaration occurring or an inci-
the following: the Committee on Foreign Relations of the dent period beginning between September 15,
SEC. 1239.LIMITATION ON UNITED STATES Senate; and 2022, and September 20, 2022, the Federal
FORCE STRUCTURE REDUCTIONS IN (2) the Committee on Armed Services and
EASTERN EUROPE AND THE BALTIC share of assistance, including direct Federal
the Committee on Foreign Affairs of the assistance, provided under such sections
COUNTRIES.
House of Representatives. shall be not less than 100 percent of the eligi-
(a) IN GENERAL.—The Secretary of Defense (c) TERMINATION.—This section shall cease
may not reduce the total number of members ble cost of such assistance during the 30-day
to have effect on September 30, 2023. period beginning on the date of the declara-
of the Armed Forces serving on active duty
tion.
who are stationed in each of Bulgaria, Esto- SA 5776. Mr. CRUZ submitted an
nia, Latvia, Lithuania, Poland, or Romania amendment intended to be proposed to SA 5778. Mr. MARSHALL submitted
below the levels in each such country as of amendment SA 5499 submitted by Mr.
January 1, 2022, until the date that is 120
an amendment intended to be proposed
REED (for himself and Mr. INHOFE) and to amendment SA 5499 submitted by
days after the date on which the Secretary,
intended to be proposed to the bill H.R. Mr. REED (for himself and Mr. INHOFE)
in consultation with the heads of other rel-
evant Federal departments and agencies,
7900, to authorize appropriations for and intended to be proposed to the bill
submits to the appropriate committees of fiscal year 2023 for military activities H.R. 7900, to authorize appropriations
Congress a written assessment that contains of the Department of Defense, for mili- for fiscal year 2023 for military activi-
the following: tary construction, and for defense ac- ties of the Department of Defense, for
(1) An analysis as to whether such a reduc- tivities of the Department of Energy, military construction, and for defense
tion— to prescribe military personnel activities of the Department of Energy,
(A) would be in the national security inter- strengths for such fiscal year, and for
est of the United States; and
to prescribe military personnel
other purposes; which was ordered to strengths for such fiscal year, and for
(B) would not detract from United States lie on the table; as follows:
military posture and alignment in the Euro- other purposes; which was ordered to
At the end of subtitle F of title XII, add lie on the table; as follows:
pean theater.
the following: At the appropriate place in title X, insert
(2) An analysis of the impact of such a re-
SEC. 1276. IMPOSITION OF SANCTIONS WITH RE- the following:
duction on— SPECT TO ANSARALLAH.
(A) the security of the United States; SEC. ll. PROHIBITION ON USE OF FUNDS TO
(a) IN GENERAL.—Not later than 30 days PRODUCE INSTRUCTIONAL MATE-
(B) the security of United States allies and after the date of the enactment of this Act, RIALS REGARDING GENDER IDEN-
partners in Europe; the President shall— TITY OR CORRECT PRONOUN USAGE.
(C) the deterrence and defense posture of (1) designate Ansarallah as a foreign ter- None of the funds authorized to be appro-
the North Atlantic Treaty Organization; rorist organization pursuant to section 219 of priated by this Act for fiscal year 2023 may
(D) the ability of the Armed Forces to exe- the Immigration and Nationality Act (8 be used to produce instructional materials
cute contingency plans of the Department of U.S.C. 1189); and regarding gender identity or correct pronoun
Defense, including ongoing operations exe- (2) impose, with respect to Ansarallah and usage.
cuted by the United States Central Com- any foreign person the President determines
mand and the United States Africa Com- is an official, agent, or affiliate of SA 5779. Mr. PAUL submitted an
mand; Ansarallah, the sanctions applicable with re- amendment intended to be proposed to
(E) military families, including with re- spect to a foreign person pursuant to Execu- amendment SA 5499 submitted by Mr.
spect to additional costs for relocation of as- tive Order 13224 (50 U.S.C. 1701 note; relating
sociated infrastructure; and REED (for himself and Mr. INHOFE) and
to blocking property and prohibiting trans- intended to be proposed to the bill H.R.
(F) military training and major military actions with persons who commit, threaten
exercises, including with respect to inter- 7900, to authorize appropriations for
to commit, or support terrorism).
operability and joint activities with United (b) DETERMINATION REQUIRED.—Not later fiscal year 2023 for military activities
States allies and partners. than 30 days after the President makes the of the Department of Defense, for mili-
(3) A description of—
SSpencer on DSK126QN23PROD with SENATE
designation required by paragraph (1) of sub- tary construction, and for defense ac-
(A) the consultations made with United section (a) and imposes the sanctions re- tivities of the Department of Energy,
States allies and partners in Europe, includ- quired by paragraph (2) of that subsection, to prescribe military personnel
ing a description of the consultations with the President shall submit to the Committee
each member of the North Atlantic Treaty strengths for such fiscal year, and for
on Foreign Relations of the Senate and the
Organization regarding such a reduction; and Committee on Foreign Affairs of the House other purposes; which was ordered to
(B) the capabilities that would be impacted of Representatives a determination regard- lie on the table; as follows:
in the country in which the total number of ing whether the following foreign persons are At the end of subtitle A of title XII, add
Armed Forces serving on active duty is being officials, agents, or affiliates of Ansarallah: the following:
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5255
SEC. 1214. OFFICE OF THE SPECIAL INSPECTOR of the Special Inspector General for Afghani- Ukraine, and of the programs, operations,
GENERAL FOR AFGHANISTAN RE- stan Reconstruction shall be referred to as and contracts carried out utilizing such
CONSTRUCTION AND UKRAINIAN the Office of the Special Inspector General funds, including—
MILITARY, ECONOMIC, AND HUMANI-
TARIAN AID.
for Afghanistan Reconstruction and Ukrain- (A) the oversight and accounting of the ob-
ian Military, Economic, and Humanitarian ligation and expenditure of such funds;
(a) PURPOSES.—The purposes of this section
Aid and shall carry out the purposes de- (B) the monitoring and review of activities
are—
scribed in subsection (a). funded by such funds;
(1) to provide for the independent and ob-
(2) RENAMING OF SPECIAL INSPECTOR GEN- (C) the monitoring and review of contracts
jective conduct and supervision of audits and
ERAL.—Beginning on the date of the enact- funded by such funds;
investigations relating to the programs and
ment of this Act, the Special Inspector Gen- (D) the monitoring and review of the trans-
operations funded with amounts appro-
eral for Afghanistan Reconstruction shall be fer of such funds and associated information
priated or otherwise made available to
referred to as the Special Inspector General between and among departments, agencies,
Ukraine for military, economic, and humani- for Afghanistan Reconstruction and Ukrain- and entities of the United States and private
tarian aid; ian Military, Economic, and Humanitarian and nongovernmental entities;
(2) to provide for the independent and ob- Aid. (E) the maintenance of records regarding
jective leadership and coordination of, and (3) COMPENSATION.—The annual rate of the use of such funds to facilitate future au-
recommendations concerning, policies de- basic pay of the Special Inspector General dits and investigations of the use of such
signed— shall be 3 percent higher than the annual funds;
(A) to promote economic efficiency and ef- rate of basic pay provided for positions at (F) the monitoring and review of the effec-
fectiveness in the administration of the pro- level III of the Executive Schedule under sec- tiveness of United States coordination with
grams and operations described in paragraph tion 5314 of title 5, United States Code. the Government of Ukraine, major recipients
(1); and (4) PROHIBITION ON POLITICAL ACTIVITIES.— of Ukrainian refugees, partners in the re-
(B) to prevent and detect waste, fraud, and For purposes of section 7324 of title 5, United gion, and other donor countries;
abuse in such programs and operations; and States Code, the Special Inspector General is (G) the investigation of overpayments
(3) to provide for an independent and objec- not an employee who determines policies to (such as duplicate payments or duplicate
tive means of keeping the Secretary of be pursued by the United States in the na- billing) and any potential unethical or ille-
State, the Secretary of Defense, and the tionwide administration of Federal law. gal actions of Federal employees, contrac-
heads of other relevant Federal agencies (5) REMOVAL.—The Special Inspector Gen- tors, or affiliated entities; and
fully and currently informed about— eral shall be removable from office in accord- (H) the referral of reports compiled as a re-
(A) problems and deficiencies relating to ance with section 3(b) of the Inspector Gen- sult of such investigations, as necessary, to
the administration of the programs and oper- eral Act of 1978 (5 U.S.C. App.). the Department of Justice to ensure further
ations described in paragraph (1); and (6) APPOINTMENT.—If the Special Inspector investigations, prosecutions, recovery of
(B) the necessity for, and the progress to- General is removed from office or otherwise funds, or other remedies.
ward implementing, corrective action re- leaves such office, the President shall ap- (2) OTHER DUTIES RELATED TO OVERSIGHT.—
lated to such programs. point a new Special Inspector General. The Special Inspector General shall estab-
(b) DEFINITIONS.—In this section: (d) ASSISTANT INSPECTORS GENERAL.—The lish, maintain, and oversee such systems,
(1) AMOUNTS APPROPRIATED OR OTHERWISE Special Inspector General shall be assisted procedures, and controls as the Special In-
MADE AVAILABLE FOR THE MILITARY, ECO- by— spector General considers appropriate to dis-
NOMIC, OR HUMANITARIAN AID FOR UKRAINE.— (1) the Assistant Inspector General for Au- charge the duties described in paragraph (1).
The term ‘‘amounts appropriated or other- diting appointed pursuant to section (3) CONSULTATION.—The Special Inspector
wise made available for military, economic, 1229(d)(1) of the National Defense Authoriza- General shall consult with the appropriate
or humanitarian aid for Ukraine’’ means tion Act for Fiscal Year 2008 (Public Law congressional committees before engaging in
amounts appropriated or otherwise made 110–181), who shall supervise the performance auditing activities outside of Ukraine.
available for any fiscal year— of auditing activities relating to programs (4) DUTIES AND RESPONSIBILITIES UNDER IN-
(A) for the Ukraine Security Assistance and operations supported by amounts appro- SPECTOR GENERAL ACT OF 1978.—In addition to
Initiative; priated or otherwise made available for mili- the duties specified in paragraphs (1) and (2),
(B) for Foreign Military Financing funding tary, economic, and humanitarian aid to the Special Inspector General shall have the
for Ukraine; Ukraine; and duties and responsibilities of inspectors gen-
(C) under titles III and VI of the Ukraine (2) the Assistant Inspector General for In- eral under the Inspector General Act of 1978
Supplemental Appropriations Act (division N vestigations appointed pursuant to section (5 U.S.C. App.).
of Public Law 117–103); 1229(d)(2) of the National Defense Authoriza- (5) COORDINATION OF EFFORTS.—In carrying
(D) under the Additional Ukraine Supple- tion Act for Fiscal Year 2008 (Public Law out the duties, responsibilities, and authori-
mental Appropriations Act, 2022 (Public Law 110–181), who shall supervise the performance ties of the Special Inspector General under
117–128); and of investigative activities relating to the this section, the Special Inspector General
(E) for military, economic, or humani- programs and operations described in para- shall coordinate with, and receive coopera-
tarian aid for Ukraine under any other provi- graph (1). tion from—
sion of law. (e) SUPERVISION.— (A) the Inspector General of the Depart-
(2) APPROPRIATE CONGRESSIONAL COMMIT- (1) IN GENERAL.—Except as provided in ment of Defense;
TEES.—The term ‘‘appropriate congressional paragraph (2), the Special Inspector General (B) the Inspector General of the Depart-
committees’’ means— shall report directly to, and be under the ment of State;
(A) the Committee on Appropriations of general supervision of, the Secretary of (C) the Inspector General of the United
the Senate; State and the Secretary of Defense. States Agency for International Develop-
(B) the Committee on Armed Services of (2) INDEPENDENCE TO CONDUCT INVESTIGA- ment; and
the Senate; TIONS AND AUDITS.—No officer of the Depart- (D) the Inspector General of any other rel-
(C) the Committee on Foreign Relations of ment of Defense, the Department of State, evant Federal agency.
the Senate; the United States Agency for International (g) POWERS AND AUTHORITIES.—
(D) the Committee on Appropriations of Development, or any other relevant Federal (1) AUTHORITIES UNDER INSPECTOR GENERAL
the House of Representatives; agency may prevent or prohibit the Special ACT OF 1978.—
(E) the Committee on Armed Services of Inspector General from— (A) IN GENERAL.—In carrying out the duties
the House of Representatives; and (A) initiating, carrying out, or completing specified in subsection (f), the Special In-
(F) the Committee on Foreign Affairs of any audit or investigation related to spector General shall have the authorities
the House of Representatives. amounts appropriated or otherwise made provided under section 6 of the Inspector
(3) OFFICE.—The term ‘‘Office’’ means the available for the military, economic, and hu- General Act of 1978, including the authorities
Office of the Special Inspector General for manitarian aid to Ukraine; or under subsection (e) of such section.
Afghanistan Reconstruction and Ukrainian (B) issuing any subpoena during the course (B) RETENTION OF CERTAIN AUTHORITIES.—
Military, Economic, and Humanitarian Aid of any such audit or investigation. The Special Inspector General shall retain
renamed under subsection (c)(1). (f) DUTIES.— all of the duties, powers, and authorities pro-
(4) SPECIAL INSPECTOR GENERAL.—The term (1) OVERSIGHT OF MILITARY, ECONOMIC, AND vided to the Special Inspector General for
‘‘Special Inspector General’’ means the Spe- HUMANITARIAN AID TO UKRAINE PROVIDED Afghanistan Reconstruction under section
cial Inspector General for Afghanistan Re- AFTER FEBRUARY 24, 2022.—In addition to any 1229 of the National Defense Authorization
SSpencer on DSK126QN23PROD with SENATE
construction and Ukrainian Military, Eco- duties previously carried out as the Special Act for Fiscal Year 2008 (Public Law 110–181),
nomic, and Humanitarian Aid renamed under Inspector General for Afghanistan Recon- and may utilize those powers and authorities
subsection (c)(2). struction, the Special Inspector General as are, in the judgment of the Special Inspec-
(c) EXPANSION OF THE OFFICE OF THE SPE- shall conduct, supervise, and coordinate au- tor General, necessary to carry out the du-
CIAL INSPECTOR GENERAL FOR AFGHANISTAN dits and investigations of the treatment, ties under this section.
RECONSTRUCTION.— handling, and expenditure of amounts appro- (2) AUDIT STANDARDS.—The Special Inspec-
(1) RENAMING OF OFFICE.—Beginning on the priated or otherwise made available for mili- tor General shall carry out the duties speci-
date of the enactment of this Act, the Office tary, economic, and humanitarian aid to fied in subsection (f)(1) in accordance with
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S5256 CONGRESSIONAL RECORD — SENATE September 28, 2022
section 4(b)(1) of the Inspector General Act sistance to the Special Inspector General or any major contract, grant, agreement, or
of 1978. an authorized designee. other funding mechanism that is entered
(h) PERSONNEL, FACILITIES, AND OTHER RE- (B) REPORTING OF REFUSED ASSISTANCE.— into by any Federal department or agency
SOURCES.— Whenever information or assistance re- that involves the use of amounts appro-
(1) PERSONNEL.— quested by the Special Inspector General is, priated or otherwise made available for the
(A) IN GENERAL.—The Special Inspector in the judgment of the Special Inspector military, economic, or humanitarian aid to
General may select, appoint, and employ General, unreasonably refused or not pro- Ukraine with any public or private sector en-
such officers and employees as may be nec- vided, the Special Inspector General shall tity—
essary for carrying out the duties of the Spe- immediately report the circumstances to— (A) to build or rebuild the physical infra-
cial Inspector General under this section, (i) the Secretary of State or the Secretary structure of Ukraine;
subject to the provisions of title 5, United of Defense, as appropriate; and (B) to establish or reestablish a political or
States Code, governing appointments in the (ii) the appropriate congressional commit- societal institution of Ukraine;
competitive service, and the provisions of tees. (C) to provide products or services to the
(i) REPORTS.— people of Ukraine; or
chapter 51 and subchapter III of chapter 53 of
(1) QUARTERLY REPORTS.—Not later than 30 (D) to provide security assistance to
such title, relating to classification and Gen-
days after the end of each quarter of each fis- Ukraine.
eral Schedule pay rates.
cal year, the Special Inspector General shall (3) PUBLIC AVAILABILITY.—The Special In-
(B) ADDITIONAL AUTHORITIES.—
submit to the appropriate congressional spector General shall publish each report
(i) IN GENERAL.—Subject to clause (ii), the
committees, the Secretary of State, and the submitted pursuant to paragraph (1) on a
Inspector General may exercise the authori- Secretary of Defense a report that—
ties of subsections (b) through (i) of section publicly available internet website in
(A) summarizes, for the applicable quarter, English, Ukrainian, and Russian.
3161 of title 5, United States Code, without and to the extent possible, for the period
regard to subsection (a) of such section. (4) FORM.—Each report required under
from the end of such quarter to the date on paragraph (1) shall be submitted in unclassi-
(ii) PERIODS OF APPOINTMENTS.—In exer- which the report is submitted, the activities
cising the employment authorities under fied form, but may include a classified annex
during such period of the Special Inspector if the Special Inspector General determines
subsection (b) of section 3161 of title 5, General and the activities under programs
United States Code, as provided under clause that a classified annex is necessary.
and operations funded with amounts appro- (5) SUBMISSION OF COMMENTS TO CON-
(i)— priated or otherwise made available for mili-
(I) paragraph (2) of such subsection (relat- GRESS.—During the 30-day period beginning
tary, economic, and humanitarian aid to on the date a report is received under para-
ing to periods of appointments) shall not Ukraine; and
apply; and graph (1), the Secretary of State and the Sec-
(B) includes, for applicable quarter, a de-
(II) no period of appointment may exceed retary of Defense may submit comments to
tailed statement of all obligations, expendi-
the date on which the Office terminates the appropriate congressional committees,
tures, and revenues associated with military,
under subsection (l). in unclassified form, regarding any matters
economic, and humanitarian activities in
(iii) ACQUISITION OF COMPETITIVE STATUS.— covered by the report that the Secretary of
Ukraine, including—
An employee shall acquire competitive sta- State or the Secretary of Defense considers
(i) obligations and expenditures of appro-
tus for appointment to any position in the appropriate. Such comments may include a
priated funds;
competitive service for which the employee classified annex if the Secretary of State or
(ii) a project-by-project and program-by-
possesses the required qualifications if the the Secretary of Defense considers such
program accounting of the costs incurred to
employee— date for military, economic, and humani- annex to be necessary.
(I) completes at least 12 months of contin- tarian aid to Ukraine, including an estimate (6) RULE OF CONSTRUCTION.—Nothing in this
uous service after the date of the enactment of the costs to be incurred by the Depart- subsection may be construed to authorize
of this Act; or ment of Defense, the Department of State, the public disclosure of information that is—
(II) is employed on the date on which the the United States Agency for International (A) specifically prohibited from disclosure
Office terminates. Development, and other relevant Federal by any other provision of law;
(2) EMPLOYMENT OF EXPERTS AND CONSULT- agencies to complete each project and each (B) specifically required by Executive
ANTS.—The Special Inspector General may program; order to be protected from disclosure in the
obtain the services of experts and consult- (iii) revenues attributable to, or consisting interest of defense or national security or in
ants in accordance with section 3109 of title of, funds provided by foreign nations or the conduct of foreign affairs; or
5, United States Code, at daily rates not to international organizations to programs and (C) a part of an ongoing criminal investiga-
exceed the equivalent rate prescribed for projects funded by any Federal department tion.
grade GS–15 of the General Schedule under or agency and any obligations or expendi- (j) TRANSPARENCY.—
section 5332 of such title. tures of such revenues; (1) REPORT.—Except as provided in para-
(3) CONTRACTING AUTHORITY.—To the extent (iv) revenues attributable to, or consisting graph (3), not later than 60 days after receiv-
and in such amounts as may be provided in of, foreign assets seized or frozen that con- ing a report under subsection (i)(1), the Sec-
advance by appropriations Acts, the Special tribute to programs and projects funded by retary of State and the Secretary of Defense
Inspector General may— any Federal department or agency and any shall jointly make copies of the report avail-
(A) enter into contracts and other arrange- obligations or expenditures of such revenues; able to the public upon request and at a rea-
ments for audits, studies, analyses, and (v) operating expenses of entities receiving sonable cost.
other services with public agencies and with amounts appropriated or otherwise made (2) COMMENTS.—Except as provided in para-
private persons; and available for military, economic, and hu- graph (3), not later than 60 days after sub-
(B) make such payments as may be nec- manitarian aid to Ukraine; and mitting comments pursuant to subsection
essary to carry out the duties of the Special (vi) for any contract, grant, agreement, or (i)(5), the Secretary of State and the Sec-
Inspector General. other funding mechanism described in para- retary of Defense shall jointly make copies
(4) RESOURCES.—The Secretary of State or graph (2)— of such comments available to the public
the Secretary of Defense, as appropriate, (I) the dollar amount of the contract, upon request and at a reasonable cost.
shall provide the Special Inspector General grant, agreement, or other funding mecha- (3) WAIVER.—
with— nism; (A) AUTHORITY.—The President may waive
(A) appropriate and adequate office space (II) a brief discussion of the scope of the the requirement under paragraph (1) or (2)
at appropriate locations of the Department contract, grant, agreement, or other funding with respect to availability to the public of
of State or the Department of Defense, as ap- mechanism; any element in a report submitted pursuant
propriate, in Ukraine or in European partner (III) a discussion of how the Federal de- to subsection (i)(1) or any comments sub-
countries; partment or agency involved in the contract, mitted pursuant to subsection (i)(5) if the
(B) such equipment, office supplies, and grant, agreement, or other funding mecha- President determines that such waiver is jus-
communications facilities and services as nism identified, and solicited offers from, po- tified for national security reasons.
may be necessary for the operation of such tential individuals or entities to perform the (B) NOTICE OF WAIVER.—The President shall
offices; and contract, grant, agreement, or other funding publish a notice of each waiver made under
(C) necessary maintenance services for mechanism, including a list of the potential subparagraph (A) in the Federal Register not
such offices and the equipment and facilities individuals or entities that were issued so- later than the date of the submission to the
located in such offices. licitations for the offers; and appropriate congressional committees of a
SSpencer on DSK126QN23PROD with SENATE
(5) ASSISTANCE FROM FEDERAL AGENCIES.— (IV) the justification and approval docu- report required under subsection (i)(1) or any
(A) IN GENERAL.—Upon request of the Spe- ments on which the determination to use comments under subsection (i)(5). Each such
cial Inspector General for information or as- procedures other than procedures that pro- report and comments shall specify whether a
sistance from any department, agency, or vide for full and open competition was based. waiver was made pursuant to subparagraph
other entity of the Federal Government, the (2) COVERED CONTRACTS, GRANTS, AGREE- (A) and which elements in the report or the
head of such entity shall, to the extent prac- MENTS, AND FUNDING MECHANISMS.—A con- comments were affected by such waiver.
ticable and not in contravention of any ex- tract, grant, agreement, or other funding (k) USE OF PREVIOUSLY APPROPRIATED
isting law, furnish such information or as- mechanism described in this paragraph is FUNDS.—Amounts appropriated before the
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September 28, 2022 CONGRESSIONAL RECORD — SENATE CORRECTION S5257
date of the enactment of this Act for the Of- to amendment SA 5499 submitted by (1) the Committee on Armed Services of
fice of the Special Inspector General for Af- Mr. REED (for himself and Mr. INHOFE) the Senate;
ghanistan Reconstruction may be used to and intended to be proposed to the bill (2) the Committee on Appropriations of the
carry out the duties described in subsection Senate
H.R. 7900, to authorize appropriations
(f). (3) the Committee on the Judiciary of the
(l) TERMINATION.— for fiscal year 2023 for military activi- Senate;
(1) IN GENERAL.—The Office shall terminate ties of the Department of Defense, for (4) the Committee on Foreign Relations of
on September 30, 2027. military construction, and for defense the Senate;
(2) FINAL REPORT.—Before the termination activities of the Department of Energy, (5) the Committee on Banking, Housing,
date referred to in paragraph (1), the Special to prescribe military personnel and Urban Affairs of the Senate;
Inspector General shall prepare and submit strengths for such fiscal year, and for (6) the Select Committee on Intelligence of
to the appropriate congressional committees other purposes; which was ordered to the Senate;
a final forensic audit report on programs and lie on the table; as follows: (7) the Committee on Armed Services of
operations funded with amounts appro- the House of Representatives;
At the end of subtitle C of title VII, add
priated or otherwise made available for the (8) the Committee on Appropriations of the
the following:
military, economic, and humanitarian aid to House of Representatives;
SEC. 753. PROHIBITION ON ADVERSE PERSONNEL
Ukraine. (9) the Committee on the Judiciary of the
ACTIONS TAKEN AGAINST MEMBERS
OF THE ARMED FORCES BASED ON House of Representatives;
SA 5780. Mr. TOOMEY submitted an DECLINING COVID–19 VACCINE. (10) the Committee on Foreign Affairs of
amendment intended to be proposed to (a) FINDINGS.—Congress finds the fol- the House of Representatives;
amendment SA 5499 submitted by Mr. lowing: (11) the Committee on Financial Services
REED (for himself and Mr. INHOFE) and (1) The Secretary of Defense has announced of the House of Representatives; and
intended to be proposed to the bill H.R. a COVID–19 vaccine mandate will take effect (12) the Permanent Select Committee on
for the Department of Defense. Intelligence of the House of Representatives.
7900, to authorize appropriations for (c) STRATEGY REQUIRED.—
fiscal year 2023 for military activities (2) Reports of adverse actions being taken,
or threatened, by military leadership at all (1) IN GENERAL.—Not later than 180 days
of the Department of Defense, for mili- after the date of the enactment of this Act,
levels are antithetical to our fundamental
tary construction, and for defense ac- American values. the Secretary of State, in consultation with
tivities of the Department of Energy, the Secretary of Defense, the Secretary of
(3) Any discharge other than honorable de-
to prescribe military personnel the Treasury, the Administrator of the Drug
notes a dereliction of duty or a failure to
strengths for such fiscal year, and for Enforcement Administration, the Director of
serve the United States and its people to the
National Intelligence, the Director of the Of-
other purposes; which was ordered to best of the ability of an individual.
fice of National Drug Control Policy, and the
lie on the table; as follows: (b) PROHIBITION.—Chapter 55 of title 10,
United States Code, is amended by inserting heads of other appropriate Federal agencies,
At the end of subtitle D of title I, add the shall provide a written strategy (with a clas-
after section 1107a the following new section:
following: sified annex, if necessary), to the appropriate
SEC. 144. PROCUREMENT AUTHORITY FOR COM- ‘‘§ 1107b. Prohibition on certain adverse per-
congressional committees for disrupting and
MERCIAL ENGINEERING SOFTWARE. sonnel actions related to COVID–19 vaccine
dismantling narcotics production and traf-
4 (a) PROCUREMENT AUTHORITY.—The Sec- requirement
ficking and affiliated networks linked to the
retary of the Air Force may enter into one ‘‘Notwithstanding any other provision of regime of Bashar al-Assad in Syria.
or more contracts for 6 the procurement of law, a member of the armed forces subject to (2) CONTENTS.—The strategy required under
commercial engineering software to 7 meet discharge on the basis of the member choos- paragraph (1) shall include—
the digital transformation goals and objec- ing not to receive the COVID–19 vaccine may (A) a detailed plan for—
tives of the 8 Department of the Air Force. only receive an honorable discharge.’’. (i) targeting, disrupting and degrading net-
(b) INCLUSION OF PROGRAM ELEMENT IN (c) CLERICAL AMENDMENT.—The table of works that directly and indirectly support
BUDGET MATERIALS.—In the materials sub- sections at the beginning of such chapter is the narcotics infrastructure of the Assad re-
mitted by the Secretary of the Air Force in amended by inserting after the item relating
gime, particularly through diplomatic and
support of the budget of the President 2 for to section 1107a the following new item:
intelligence support to law enforcement in-
fiscal year 2024 (as submitted to Congress ‘‘1107b. Prohibition on certain adverse per- vestigations; and
pursuant 3 to section 1105 of title 31, United sonnel actions related to COVID–19 vaccine (ii) building counter-narcotics capacity to
States Code), the Secretary shall include a requirement.’’. partner countries through assistance and
program element dedicated to the 5 procure- training to law enforcement services in
ment and management of the commercial SA 5782. Mr. MARSHALL (for him- countries (other than Syria) that are receiv-
engineer- 6 ing software described in sub- ing or transiting large quantities of
section (a).
self, Mr. RISCH, and Mr. ROUNDS) sub-
mitted an amendment intended to be Captagon;
(c) REVIEW.—ln carrying out subsection (a), (B)(i) the identification of the countries
the Secretary of the Air Force shall— proposed to amendment SA 5499 sub-
that are receiving or transiting large ship-
(1) review the commercial physics-based mitted by Mr. REED (for himself and ments of Captagon;
simulation marketspace; and Mr. INHOFE) and intended to be pro-
(2) conduct research on providers of com- (ii) an assessment of the counter-narcotics
posed to the bill H.R. 7900, to authorize capacity of such countries to interdict or
mercial software capabilities that have the
appropriations for fiscal year 2023 for disrupt the smuggling of Captagon; and
potential to expedite the progress of digital
engineering initiatives across the weapon military activities of the Department (iii) an assessment of current United
system enterprise, with a particular focus on of Defense, for military construction, States assistance and training programs to
capabilities that have the potential to gen- and for defense activities of the De- build such capacity in such countries;
erate significant life-cycle cost savings, partment of Energy, to prescribe mili- (C) the use of sanctions, including sanc-
streamline and accelerate weapon system ac- tary personnel strengths for such fiscal tions authorized under section the Caesar
quisition, and provide data-driven ap- Syria Civilian Protection Act of 2019 (22
year, and for other purposes; which was U.S.C. 8791 note; title LXXIV of division F of
proaches to inform investments by the De- ordered to lie on the table; as follows:
partment of the Air Force. Public Law 116–92), and associated actions to
At the appropriate place in title X, insert target individuals and entities directly or in-
(d) REPORT.—Not later than March 1, 2023,
the following: directly associated with the narcotics infra-
the Secretary of the Air Force shall submit
SEC. 10ll. INTERAGENCY STRATEGY TO DIS- structure of the Assad regime;
to the congressional defense committees a RUPT AND DISMANTLE NARCOTICS
report that includes— (D) the use of global diplomatic engage-
PRODUCTION AND TRAFFICKING
(1) an analysis of specific physics-based AND AFFILIATED NETWORKS
ments associated with the economic pressure
simulation capability manufacturers that LINKED TO THE REGIME OF BASHAR campaign against the Assad regime to target
deliver high mission impact with broad reach AL-ASSAD IN SYRIA. its narcotics infrastructure;
into the weapon system enterprise of the De- (a) SENSE OF CONGRESS.—It is the sense of (E) leveraging multilateral institutions
abonner on DSKJLXR7X2PROD with CONG-REC-ONLINE
partment of the Air Force; and Congress that— and cooperation with international partners
(2) a prioritized list of programs and offices (1) the Captagon trade linked to the regime to disrupt the narcotics infrastructure of the
of the Department of the Air Force that of Bashar al-Assad in Syria is a Assad regime; and
could better utilize commercial physics- transnational security threat; and (F) mobilizing a public communications
based modeling and simulation and opportu- (2) the United States should develop and campaign to increase awareness of the ex-
nities for the implementation of such mod- implement an interagency strategy to deny, tent of the connection of the Assad regime to
eling and simulation capabilities within the degrade, and dismantle Assad-linked nar- the illicit narcotics trade.
Department. cotics production and trafficking networks.
(b) DEFINED TERM.—In this section, the SA 5783. Mr. MARSHALL submitted
SA 5781. Mr. MARSHALL submitted term ‘‘appropriate congressional commit- an amendment intended to be proposed
an amendment intended to be proposed tees’’ means— to amendment SA 5499 submitted by
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S5258 CONGRESSIONAL RECORD — SENATE September 28, 2022
Mr. REED (for himself and Mr. INHOFE) (d) DESIGNATION.— (2) EXTENSION.—The Secretary of Home-
and intended to be proposed to the bill (1) IN GENERAL.—The Secretary of State land Security, in consultation with the Sec-
H.R. 7900, to authorize appropriations shall designate each of the following Mexi- retary of State—
can drug cartels as a foreign terrorist orga- (A) shall periodically review the country
for fiscal year 2023 for military activi-
nization under section 219(a) of the Immigra- conditions in Afghanistan; and
ties of the Department of Defense, for tion and Nationality Act (8 U.S.C. 1189(a)): (B) may renew the exception under sub-
military construction, and for defense (A) The Reynosa/Los Metros faction of the section (a) in 18-month increments based on
activities of the Department of Energy, Gulf Cartel. such conditions.
to prescribe military personnel (B) The Cartel Del Noreste faction of Los
strengths for such fiscal year, and for Zetas. SA 5786. Ms. KLOBUCHAR (for her-
other purposes; which was ordered to (C) The Jalisco New Generation Cartel. self and Mr. BLUMENTHAL) submitted
lie on the table; as follows: (D) The Sinaloa Cartel. an amendment intended to be proposed
At the end of subtitle C of title VII, add (2) ADDITIONAL CARTELS.—The Secretary of to amendment SA 5499 submitted by
the following: State shall designate any Mexican drug car- Mr. REED (for himself and Mr. INHOFE)
tel, or any faction of such a cartel, as a for-
SEC. 753. LIMITATION ON CONDUCTING CERTAIN
eign terrorist organization if such cartel or
and intended to be proposed to the bill
RESEARCH IN COUNTRIES OF CON-
CERN. faction meets the criteria described in such H.R. 7900, to authorize appropriations
Beginning not later than 60 days after the section 219(a). for fiscal year 2023 for military activi-
date of the enactment of this Act, the Sec- (e) REPORT.— ties of the Department of Defense, for
retary of Defense shall prohibit research (1) REPORT REQUIRED.—Not later than 30 military construction, and for defense
funded by the Department of Defense con- days after the date of the enactment of this activities of the Department of Energy,
ducted in a foreign institution involving Act, the Secretary of State, in consultation to prescribe military personnel
pathogens of pandemic potential or biologi- with the Director of National Intelligence,
shall submit to the appropriate committees
strengths for such fiscal year, and for
cal agents or toxins listed pursuant to sec- other purposes; which was ordered to
tion 351A(a)(1) of the Public Health Service of Congress a detailed report regarding—
Act (42 U.S.C. 262a(a)(1)) located in a country (A) each of the drug cartels referred to in lie on the table; as follows:
of concern, as determined by the Director of subsection (d)(1) that describes the criteria At the appropriate place, insert the fol-
National Intelligence or the head of another justifying their designations as foreign ter- lowing:
relevant Federal agency, as appropriate, in rorist organizations under section 219(a)of SEC. lll. SUPPORT FOR NATIONALS OF AF-
consultation with the Secretary of Defense. the Immigration and Nationality Act (8 GHANISTAN APPLYING FOR SPECIAL
U.S.C. 1189(a)); and IMMIGRANT VISAS OR REFUGEE
SA 5784. Mr. MARSHALL submitted (B) all other Mexican drug cartels, or fac- STATUS.
an amendment intended to be proposed tions of cartels, that the Secretary deter- (a) SENSE OF CONGRESS.—It is the sense of
mines pursuant to subsection (d)(2) meet the Congress that the United States should in-
to amendment SA 5499 submitted by
criteria for designation as foreign terrorist crease support for nationals of Afghanistan
Mr. REED (for himself and Mr. INHOFE) who—
organizations under such section 219(a), in-
and intended to be proposed to the bill (1) aided the United States mission in Af-
cluding the specific criteria justifying each
H.R. 7900, to authorize appropriations such designation. ghanistan during the past 20 years and are
for fiscal year 2023 for military activi- (2) FORM.—The report required under para- now under threat from the Taliban, specifi-
ties of the Department of Defense, for graph (1)— cally such nationals of Afghanistan who—
military construction, and for defense (A) shall be submitted in unclassified form, (A) are special immigrant visa applicants;
activities of the Department of Energy, but may include a classified annex; or
(B) shall be made available only in elec- (B) have been referred to the United States
to prescribe military personnel
tronic form; and Refugee Admissions Program, including
strengths for such fiscal year, and for through the Priority 2 designation for na-
(C) may not be printed, except upon a re-
other purposes; which was ordered to tionals of Afghanistan; and
quest for a printed copy from a congressional
lie on the table; as follows: office. (2) remain in Afghanistan or are in third
At the end of subtitle F of title X, add the countries.
following: SA 5785. Ms. KLOBUCHAR (for her- (b) REQUIREMENTS.—The Secretary of
SEC. 1064. REPORT ON DESIGNATION OF CER- self and Mr. BLUMENTHAL) submitted State, in coordination with the Secretary of
TAIN DRUG CARTELS AS FOREIGN
an amendment intended to be proposed Homeland Security and the head of any
TERRORIST ORGANIZATIONS. other relevant Federal department or agen-
(a) SHORT TITLE.—This section may be to amendment SA 5499 submitted by
cy, shall further surge capacity, including by
cited as the ‘‘Drug Cartel Terrorist Designa- Mr. REED (for himself and Mr. INHOFE) increasing consular personnel at any United
tion Act’’. and intended to be proposed to the bill States embassy or consulate in the region
(b) SENSE OF CONGRESS.—It is the sense of H.R. 7900, to authorize appropriations that processes visa applications for nationals
Congress that each of the drug cartels re- for fiscal year 2023 for military activi- of Afghanistan—
ferred to in subsection (d) meets the criteria ties of the Department of Defense, for (1) to better support nationals of Afghani-
for designation as a foreign terrorist organi- military construction, and for defense stan who—
zation under section 219 of the Immigration (A)(i) are special immigrant visa appli-
and Nationality Act (8 U.S.C. 1189).
activities of the Department of Energy,
to prescribe military personnel cants who have been approved by the Chief of
(c) DEFINED TERM.—In this section, the Mission; or
term ‘‘appropriate committees of Congress’’ strengths for such fiscal year, and for (ii) have been referred to the United States
means— other purposes; which was ordered to Refugee Admissions Program, including
(1) the Committee on Armed Services of lie on the table; as follows: through the Priority 2 designation for na-
the Senate; At the appropriate place, insert the fol- tionals of Afghanistan; and
(2) the Committee on Banking, Housing, lowing: (2) to reduce application processing times
and Urban Affairs of the Senate; SEC. lll. SUPPORT FOR NATIONALS OF AF- for such nationals of Afghanistan while en-
(3) the Committee on Foreign Relations of GHANISTAN APPLYING FOR STU- suring strict and necessary security vetting,
the Senate; DENT VISAS. including, to the extent practicable, by ena-
(4) the Committee on the Judiciary of the (a) EXCEPTION WITH RESPECT TO RESI- bling such nationals of Afghanistan who
Senate; DENCE.—To be eligible as a nonimmigrant de- have been referred to the United States Ref-
(5) the Committee on Homeland Security scribed in section 101(a)(15)(F) of the Immi- ugee Admissions Program to initiate appli-
and Governmental Affairs of the Senate; gration and Nationality Act (8 U.S.C. cation processing while still in Afghanistan.
(6) the Select Committee on Intelligence of 1101(a)(15)(F)), an individual who is a na- (c) RULE OF CONSTRUCTION.—Nothing in
the Senate; tional of Afghanistan or a person with no na- this section may be construed to require the
(7) the Committee on Armed Services of tionality who last habitually resided in Af- Secretary of State to decrease the capacity
the House of Representatives; ghanistan shall meet all requirements for to process visa applications at United States
(8) the Committee on Financial Services of such nonimmigrant status except that the embassies or consulates worldwide.
the House of Representatives; individual shall not be required to dem-
SSpencer on DSK126QN23PROD with SENATE
(9) the Committee on Foreign Affairs of the onstrate residence in Afghanistan or an in- SA 5787. Mr. WARNER submitted an
House of Representatives; tention not to abandon such residence. amendment intended to be proposed to
(10) the Committee on the Judiciary of the (b) APPLICABILITY.—
amendment SA 5499 submitted by Mr.
House of Representatives; (1) IN GENERAL.—The exception under sub-
(11) the Committee on Homeland Security section (a) shall apply during the period be- REED (for himself and Mr. INHOFE) and
of the House of Representatives; and ginning on the date of the enactment of this intended to be proposed to the bill H.R.
(12) the Permanent Select Committee on Act and ending on the date that is two years 7900, to authorize appropriations for
Intelligence of the House of Representatives. after such date of enactment. fiscal year 2023 for military activities
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5259
of the Department of Defense, for mili- (1) in subsection (a)(2)(C), by striking ‘‘sub- ment of this section, the heads of the cov-
tary construction, and for defense ac- section (b)(5)’’ and inserting ‘‘paragraphs (5) ered agencies shall jointly promulgate final
tivities of the Department of Energy, and (6) of subsection (b)’’; and rules that establish data standards for—
to prescribe military personnel (2) in subsection (b)— ‘‘(1) the collections of information reported
(A) in paragraph (5), by striking ‘‘for or on to each covered agency by financial entities
strengths for such fiscal year, and for behalf of a foreign banking institution’’; and under the jurisdiction of the covered agency;
other purposes; which was ordered to (B) by adding at the end the following: and
lie on the table; as follows: ‘‘(6) PROHIBITIONS OR CONDITIONS ON CER- ‘‘(2) the data collected from covered agen-
At the appropriate place, insert the fol- TAIN TRANSMITTALS OF FUNDS.—If the Sec- cies on behalf of the Council.
lowing: retary finds a jurisdiction outside of the ‘‘(c) DATA STANDARDS.—
SEC. lllll . SPECIAL MEASURES TO FIGHT MOD- United States, 1 or more financial institu- ‘‘(1) COMMON IDENTIFIERS; QUALITY.—The
ERN THREATS.— tions operating outside of the United States, data standards established in the final rules
(a) FINDINGS.—Congress finds the fol- 1 or more types of accounts within, or in- promulgated under subsection (b) shall—
lowing: volving, a jurisdiction outside of the United ‘‘(A) include common identifiers for collec-
(1) The Financial Crimes Enforcement Net- States, or 1 or more classes of transactions tions of information reported to covered
work (in this section referred to as within, or involving, a jurisdiction outside of agencies or collected on behalf of the Coun-
‘‘FinCEN’’) is the financial intelligence unit the United States to be of primary money cil, which shall include a common nonpropri-
of the United States tasked with safe- laundering concern, the Secretary, in con- etary legal entity identifier that is available
guarding the financial system from illicit sultation with the Secretary of State, the under an open license for all entities re-
use, combating money laundering and its re- Attorney General, and the Chairman of the quired to report to covered agencies; and
lated crimes, including terrorism, and pro- Board of Governors of the Federal Reserve ‘‘(B) to the extent practicable—
moting national security. System, may prohibit, or impose conditions ‘‘(i) render data fully searchable and ma-
(2) Under law, FinCEN may require domes- upon, certain transmittals of funds (as such chine-readable;
tic financial institutions and financial agen- term may be defined by the Secretary in a ‘‘(ii) enable high quality data through
cies to take certain ‘‘special measures’’ special measure issuance, by regulation, or schemas, with accompanying metadata docu-
against jurisdictions, institutions, classes of as otherwise permitted by law), to or from mented in machine-readable taxonomy or
transactions, or types of accounts deter- any domestic financial institution or domes- ontology models, which clearly define the se-
mined to be of primary money laundering tic financial agency if such transmittal of mantic meaning of the data, as defined by
concern, providing the Secretary with a the underlying regulatory information col-
funds involves any such jurisdiction, institu-
range of options, such as enhanced record- lection requirements;
tion, type of account, or class of trans-
keeping, that can be adapted to target spe- ‘‘(iii) ensure that a data element or data
action.’’.
cific money laundering and terrorist financ-
ing and to bring pressure on those that pose
--- asset that exists to satisfy an underlying
money laundering threats.
SA 5788. Mr. WARNER submitted an regulatory information collection require-
amendment intended to be proposed to ment be consistently identified as such in as-
(3) This special-measures authority was
amendment SA 5499 submitted by Mr. sociated machine-readable metadata;
granted in 2001, when most cross-border
REED (for himself and Mr. INHOFE) and ‘‘(iv) be nonproprietary or made available
transactions occurred through correspondent
under an open license;
or payable-through accounts held with large intended to be proposed to the bill H.R. ‘‘(v) incorporate standards developed and
financial institutions that serve as inter- 7900, to authorize appropriations for maintained by voluntary consensus stand-
mediaries to facilitate financial transactions fiscal year 2023 for military activities ards bodies; and
on behalf of other banks.
of the Department of Defense, for mili- ‘‘(vi) use, be consistent with, and imple-
(4) Innovations in financial services have
transformed and expanded methods of cross- tary construction, and for defense ac- ment applicable accounting and reporting
tivities of the Department of Energy, principles.
border transactions that could not have been
to prescribe military personnel ‘‘(2) CONSULTATION; INTEROPERABILITY.—In
envisioned 20 years ago when FinCEN was
strengths for such fiscal year, and for establishing data standards in the final rules
given its special-measures authority.
promulgated under subsection (b), the heads
(5) These innovations, particularly through other purposes; which was ordered to of the covered agencies shall—
digital assets and informal value transfer lie on the table; as follows: ‘‘(A) consult with other Federal depart-
systems, while useful to legitimate con-
After division D, insert the following: ments and agencies and multi-agency initia-
sumers and law enforcement, can be tools
DIVISION E—FINANCIAL DATA tives responsible for Federal data standards;
abused by bad actors like sanctions evaders,
TRANSPARENCY and
fraudsters, money launderers, and those who
SEC. 5001. SHORT TITLE.
‘‘(B) seek to promote interoperability of fi-
commit ransomware attacks on victimized
nancial regulatory data across members of
United States companies and that abuse the This division may be cited as the ‘‘Finan-
the Council.
financial system to move and obscure the cial Data Transparency Act of 2022’’.
‘‘(d) EFFECTIVE DATE.—The data standards
proceeds of their crimes. TITLE LI—DATA STANDARDS FOR COV- established in the final rules promulgated
(6) Ransomware attacks on United States ERED AGENCIES; DEPARTMENT OF THE under subsection (b) shall take effect not
companies requiring payments in TREASURY RULEMAKING later than 2 years after the date on which
cryptocurrencies have increased in recent
SEC. 5101. DATA STANDARDS. those final rules are promulgated under that
years, with the Treasury estimating that
(a) IN GENERAL.—Subtitle A of the Finan- subsection.’’.
ransomware payments in the United States
cial Stability Act of 2010 (12 U.S.C. 5321 et (b) CLERICAL AMENDMENT.—The table of
reached $590,000,000 in just the first half of
seq.) is amended by adding at the end the fol- contents under section 1(b) of the Dodd-
2021, compared to a total of $416,000,000 in
lowing: Frank Wall Street Reform and Consumer
2020.
‘‘SEC. 124. DATA STANDARDS. Protection Act is amended by inserting after
(7) In July 2021, the White House, with sup-
‘‘(a) DEFINITIONS.—In this section— the item relating to section 123 the fol-
port of United States allies, asserted that
‘‘(1) the term ‘covered agencies’ means— lowing:
the People’s Republic of China was respon-
sible for ransomware operations against pri- ‘‘(A) the Department of the Treasury; ‘‘Sec. 124. Data standards.’’.
vate companies that included demands of ‘‘(B) the Board of Governors; SEC. 5102. OPEN DATA PUBLICATION BY THE DE-
‘‘(C) the Office of the Comptroller of the PARTMENT OF THE TREASURY.
millions of dollars, including the 2021
ransomware attacks that breached Microsoft Currency; (a) IN GENERAL.—Subtitle A of the Finan-
email systems and affected thousands of con- ‘‘(D) the Bureau; cial Stability Act of 2010 (12 U.S.C. 5321 et
sumers, State and local municipalities, and ‘‘(E) the Commission; seq.), as amended by section 5101(a), is fur-
government contractors attributed to a ‘‘(F) the Corporation; ther amended by adding at the end the fol-
cyber espionage group with links to the Min- ‘‘(G) the Federal Housing Finance Agency; lowing:
istry of State Security of the People’s Re- ‘‘(H) the National Credit Union Adminis- ‘‘SEC. 125. OPEN DATA PUBLICATION.
public of China. tration Board; and ‘‘All public data assets published by the
(8) As ransomware attacks organized by ‘‘(I) any other primary financial regulatory Secretary under this subtitle shall be—
Chinese and other foreign bad actors con- agency designated by the Secretary; ‘‘(1) made available as an open Government
‘‘(2) the term ‘data standard’ means a data asset (as defined in section 3502 of title
SSpencer on DSK126QN23PROD with SENATE
tinue to grow in size and scope, modernizing
the special-measure authorities of FinCEN standard that specifies rules by which data is 44, United States Code);
will empower FinCEN to adapt its existing described and recorded; and ‘‘(2) freely available for download in bulk;
tools, monitor and obstruct global financial ‘‘(3) the terms ‘machine-readable’, ‘‘(3) rendered in a human-readable format;
threats, and meet the challenges of com- ‘metadata’, and ‘open license’ have the and
bating 21st century financial crime. meanings given the terms in section 3502 of ‘‘(4) accessible via application program-
(b) PROHIBITIONS OR CONDITIONS ON CERTAIN title 44, United States Code. ming interface where appropriate.’’.
TRANSMITTALS OF FUNDS.—Section 5318A of ‘‘(b) PROMULGATION OF STANDARDS.—Not (b) CLERICAL AMENDMENT.—The table of
title 31, United States Code, is amended— later than 2 years after the date of enact- contents under section 1(b) of the Dodd-
VerDate Sep 11 2014 19:01 Sep 29, 2022 Jkt 029060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\A28SE6.133 S28SEPT1
S5260 CONGRESSIONAL RECORD — SENATE September 28, 2022
Frank Wall Street Reform and Consumer sion may exempt exhibits, signatures, and ‘‘(1) REQUIREMENT.—The Commission shall,
Protection Act, as amended by section certifications from those data standards. by rule, adopt data standards for all collec-
5101(b), is further amended by inserting after ‘‘(2) CONSISTENCY.—The data standards re- tions of information with respect to periodic
the item relating to section 124 the fol- quired under paragraph (1) shall incorporate, and current reports required to be filed or
lowing: and ensure compatibility with (to the extent furnished under this section or under section
‘‘Sec. 125. Open data publication.’’. feasible), all applicable data standards estab- 15(d), except that the Commission may ex-
(c) RULEMAKING.—The Secretary of the lished in the rules promulgated under sec- empt exhibits, signatures, and certifications
Treasury shall issue rules to carry out the tion 124 of the Financial Stability Act of from those data standards.
amendments made by this section, which 2010, including, to the extent practicable, by ‘‘(2) CONSISTENCY.—The data standards re-
shall take effect not later than 2 years after having the characteristics described in quired under paragraph (1) shall incorporate,
the date on which final rules are promul- clauses (i) through (vi) of subsection (c)(1)(B) and ensure compatibility with (to the extent
gated under section 124(b) of the Financial of such section 124.’’. feasible), all applicable data standards estab-
Stability Act of 2010, as added by section (c) DATA STANDARDS FOR INFORMATION RE- lished in the rules promulgated under sec-
5101(a) of this division. QUIRED TO BE SUBMITTED OR PUBLISHED BY tion 124 of the Financial Stability Act of
SEC. 5103. NO NEW DISCLOSURE REQUIREMENTS. NATIONALLY RECOGNIZED STATISTICAL RATING 2010, including, to the extent practicable, by
Nothing in this title, or the amendments ORGANIZATIONS.—Section 15E of the Securi- having the characteristics described in
ties Exchange Act of 1934 (15 U.S.C. 78o–7) is clauses (i) through (vi) of subsection (c)(1)(B)
made by this title, shall be construed to re-
amended by adding at the end the following: of such section 124.’’.
quire the Secretary of the Treasury to col-
‘‘(w) DATA STANDARDS FOR INFORMATION (g) DATA STANDARDS FOR CORPORATE PROXY
lect or make publicly available additional AND CONSENT SOLICITATION MATERIALS UNDER
information under the Financial Stability REQUIRED TO BE SUBMITTED OR PUBLISHED
THE SECURITIES EXCHANGE ACT OF 1934.—Sec-
Act of 2010 (12 U.S.C. 5311 et seq.), beyond in- UNDER THIS SECTION.—
‘‘(1) REQUIREMENT.—The Commission shall, tion 14 of the Securities Exchange Act of 1934
formation that was collected or made pub- (15 U.S.C. 78n) is amended by adding at the
licly available under that Act, as of the day by rule, adopt data standards for all collec-
end the following:
before the date of enactment of this Act. tions of information required to be sub-
‘‘(k) DATA STANDARDS FOR PROXY AND CON-
mitted or published by a nationally recog-
TITLE LII—SECURITIES AND EXCHANGE SENT SOLICITATION MATERIALS.—
nized statistical rating organization under
COMMISSION ‘‘(1) REQUIREMENT.—The Commission shall,
this section. by rule, adopt data standards for all informa-
SEC. 5201. DATA STANDARDS REQUIREMENTS
‘‘(2) CONSISTENCY.—The data standards re- tion contained in any proxy or consent solic-
FOR THE SECURITIES AND EX-
CHANGE COMMISSION.
quired under paragraph (1) shall incorporate, itation material prepared by an issuer for an
and ensure compatibility with (to the extent annual meeting of the shareholders of the
(a) DATA STANDARDS FOR INVESTMENT AD-
feasible), all applicable data standards estab- issuer, except that the Commission may ex-
VISERS’ REPORTS UNDER THE INVESTMENT AD-
lished in the rules promulgated under sec- empt exhibits, signatures, and certifications
VISERS ACT OF 1940.—Section 204 of the In-
tion 124 of the Financial Stability Act of from those data standards.
vestment Advisers Act of 1940 (15 U.S.C. 80b–
2010, including, to the extent practicable, by ‘‘(2) CONSISTENCY.—The data standards re-
4) is amended—
having the characteristics described in quired under paragraph (1) shall incorporate,
(1) by redesignating the second subsection
clauses (i) through (vi) of subsection (c)(1)(B) and ensure compatibility with (to the extent
(d) (relating to Records of Persons With Cus-
of such section 124.’’. feasible), all applicable data standards estab-
tody of Use) as subsection (e); and
(d) DATA STANDARDS FOR ASSET-BACKED lished in the rules promulgated under sec-
(2) by adding at the end the following:
‘‘(f) DATA STANDARDS FOR REPORTS FILED SECURITIES DISCLOSURES.—Section 7(c) of the tion 124 of the Financial Stability Act of
UNDER THIS SECTION.— Securities Act of 1933 (15 U.S.C. 77g(c)) is 2010, including, to the extent practicable, by
‘‘(1) REQUIREMENT.—The Commission shall, amended by adding at the end the following: having the characteristics described in
by rule, adopt data standards for all reports ‘‘(3) DATA STANDARDS FOR ASSET-BACKED SE- clauses (i) through (vi) of subsection (c)(1)(B)
CURITIES DISCLOSURES.— of such section 124.’’.
filed by investment advisers with the Com-
mission under this section. ‘‘(A) REQUIREMENT.—The Commission (h) DATA STANDARDS FOR SECURITY-BASED
‘‘(2) CONSISTENCY.—The data standards re- shall, by rule, adopt data standards for all SWAP REPORTING.—The Securities Exchange
quired under paragraph (1) shall incorporate, disclosures required under this subsection. Act of 1934 (15 U.S.C. 78a et seq.) is amended
and ensure compatibility with (to the extent ‘‘(B) CONSISTENCY.—The data standards re- by adding at the end the following:
feasible), all applicable data standards estab- quired under subparagraph (A) shall incor- ‘‘SEC. 41. DATA STANDARDS FOR SECURITY-
porate, and ensure compatibility with (to the BASED SWAP REPORTING.
lished in the rules promulgated under sec-
extent feasible), all applicable data stand- ‘‘(a) REQUIREMENT.—The Commission shall,
tion 124 of the Financial Stability Act of
ards established in the rules promulgated by rule, adopt data standards for all reports
2010, including, to the extent practicable, by
under section 124 of the Financial Stability related to security-based swaps that are re-
having the characteristics described in
Act of 2010, including, to the extent prac- quired under this Act.
clauses (i) through (vi) of subsection (c)(1)(B) ‘‘(b) CONSISTENCY.—The data standards re-
of such section 124.’’. ticable, by having the characteristics de-
scribed in clauses (i) through (vi) of sub- quired under subsection (a) shall incor-
(b) DATA STANDARDS FOR REGISTRATION porate, and ensure compatibility with (to the
STATEMENTS AND REPORTS UNDER THE IN- section (c)(1)(B) of such section 124.’’.
(e) DATA STANDARDS FOR CORPORATE DIS- extent feasible), all applicable data stand-
VESTMENT COMPANY ACT OF 1940.—The Invest- ards established in the rules promulgated
ment Company Act of 1940 (15 U.S.C. 80a–1 et CLOSURES UNDER THE SECURITIES ACT OF
1933.—Title I of the Securities Act of 1933 (15 under section 124 of the Financial Stability
seq.) is amended— Act of 2010, including, to the extent prac-
(1) in section 8 (15 U.S.C. 80a–8), by adding U.S.C. 77a et seq.) is amended by adding at
the end the following: ticable, by having the characteristics de-
at the end the following: scribed in clauses (i) through (vi) of sub-
‘‘(g) DATA STANDARDS FOR REGISTRATION ‘‘SEC. 29. DATA STANDARDS.
section (c)(1)(B) of such section 124.’’.
STATEMENTS.— ‘‘(a) REQUIREMENT.—The Commission shall, (i) RULEMAKING.—
‘‘(1) REQUIREMENT.—The Commission shall, by rule, adopt data standards for all registra- (1) IN GENERAL.—The rules that the Securi-
by rule, adopt data standards for all registra- tion statements, and for all prospectuses in- ties and Exchange Commission are required
tion statements required to be filed with the cluded in registration statements, required to issue under the amendments made by this
Commission under this section, except that to be filed with the Commission under this section shall take effect not later than 2
the Commission may exempt exhibits, signa- title, except that the Commission may ex- years after the date on which final rules are
tures, and certifications from those data empt exhibits, signatures, and certifications promulgated under section 124(b) of the Fi-
standards. from those data standards. nancial Stability Act of 2010, as added by
‘‘(2) CONSISTENCY.—The data standards re- ‘‘(b) CONSISTENCY.—The data standards re- section 5101(a) of this division.
quired under paragraph (1) shall incorporate, quired under subsection (a) shall incor- (2) SCALING OF REGULATORY REQUIREMENTS;
and ensure compatibility with (to the extent porate, and ensure compatibility with (to the MINIMIZING DISRUPTION.—In issuing the rules
feasible), all applicable data standards estab- extent feasible), all applicable data stand- required under the amendments made by this
lished in the rules promulgated under sec- ards established in the rules promulgated section, as described in paragraph (1), the Se-
tion 124 of the Financial Stability Act of under section 124 of the Financial Stability curities and Exchange Commission—
2010, including, to the extent practicable, by Act of 2010, including, to the extent prac- (A) may scale data reporting requirements
having the characteristics described in ticable, by having the characteristics de- in order to reduce any unjustified burden on
clauses (i) through (vi) of subsection (c)(1)(B) scribed in clauses (i) through (vi) of sub- emerging growth companies, lending institu-
SSpencer on DSK126QN23PROD with SENATE
of such section 124.’’; and section (c)(1)(B) of such section 124.’’. tions, accelerated filers, smaller reporting
(2) in section 30 (15 U.S.C. 80a–29), by add- (f) DATA STANDARDS FOR PERIODIC AND CUR- companies, and other smaller issuers, as de-
ing at the end the following: RENT CORPORATE DISCLOSURES UNDER THE SE- termined by any study required under sec-
‘‘(k) DATA STANDARDS FOR REPORTS.— CURITIES EXCHANGE ACT OF 1934.—Section 13 tion 5205(b), while still providing searchable
‘‘(1) REQUIREMENT.—The Commission shall, of the Securities Exchange Act of 1934 (15 information to investors; and
by rule, adopt data standards for all reports U.S.C. 78m) is amended by adding at the end (B) shall seek to minimize disruptive
required to be filed with the Commission the following: changes to the persons affected by those
under this section, except that the Commis- ‘‘(s) DATA STANDARDS.— rules.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5261
SEC. 5202. OPEN DATA PUBLICATION BY THE SE- mulgated under section 124(b) of the Finan- (C) a summary of enforcement actions that
CURITIES AND EXCHANGE COMMIS- cial Stability Act of 2010, as added by section result from the use or analysis of machine-
SION. 5101(a) of this division, each national securi- readable data collected under the provisions
Section 4 of the Securities Exchange Act of ties association registered pursuant to sec- of law described in subparagraph (A); and
1934 (15 U.S.C. 78d) is amended by adding at tion 15A(a) of the Securities Exchange Act of (D) an analysis of how the Securities and
the end the following: 1934 (15 U.S.C. 78o–3(a)) shall issue rules to Exchange Commission uses the machine-
‘‘(k) OPEN DATA PUBLICATION.—All public adopt the standards required under sub- readable data collected by the Commission.
data assets published by the Commission section (n) of section 15A of the Securities (c) SUNSET.—Beginning on the date that is
under the securities laws and the Dodd- Exchange Act of 1934 (15 U.S.C. 78o–3), as 7 years after the date of enactment of this
Frank Wall Street Reform and Consumer added by subsection (a) of this section. Act, this section shall have no force or ef-
Protection Act (Public Law 111–203; 124 Stat. (2) SCALING OF REGULATORY REQUIREMENTS; fect.
1376) shall be— MINIMIZING DISRUPTION.—In issuing the rules SEC. 5206. NO NEW DISCLOSURE REQUIREMENTS.
‘‘(1) made available as an open Government required under paragraph (1), a national se- Nothing in this title, or the amendments
data asset (as defined in section 3502 of title curities association described in that para- made by this title, shall be construed to re-
44, United States Code); graph— quire the Securities and Exchange Commis-
‘‘(2) freely available for download in bulk; (A) may scale data reporting requirements sion, the Municipal Securities Rulemaking
‘‘(3) rendered in a human-readable format; in order to reduce any unjustified burden on Board, or any national securities association
and smaller regulated entities; and to collect or make publicly available addi-
‘‘(4) accessible via application program- (B) shall seek to minimize disruptive tional information under the provisions of
ming interface where appropriate.’’. changes to the persons affected by those law amended by this title (or under any pro-
SEC. 5203. DATA TRANSPARENCY AT THE MUNIC- standards. vision of law referenced in an amendment
IPAL SECURITIES RULEMAKING SEC. 5205. SHORTER-TERM BURDEN REDUCTION
BOARD.
made by this title), beyond information that
AND DISCLOSURE SIMPLIFICATION
was collected or made publicly available
(a) IN GENERAL.—Section 15B(b) of the Se- AT THE SECURITIES AND EXCHANGE
COMMISSION; SUNSET. under any such provision, as of the day be-
curities Exchange Act of 1934 (15 U.S.C. 78o–
(a) BETTER ENFORCEMENT OF THE QUALITY fore the date of enactment of this Act.
4(b)) is amended by adding at the end the fol-
lowing: OF CORPORATE FINANCIAL DATA SUBMITTED TO TITLE LIII—FEDERAL DEPOSIT
‘‘(8)(A) If the Board establishes informa- THE SECURITIES AND EXCHANGE COMMISSION.— INSURANCE CORPORATION
tion systems under paragraph (3), the Board (1) DATA QUALITY IMPROVEMENT PROGRAM.— SEC. 5301. DATA STANDARDS REQUIREMENTS
shall adopt data standards for information (A) IN GENERAL.—Not later than 180 days FOR THE FEDERAL DEPOSIT INSUR-
submitted through those systems. after the date of enactment of this Act, the ANCE CORPORATION.
‘‘(B) Any data standards adopted under Securities and Exchange Commission shall The Federal Deposit Insurance Act (12
subparagraph (A) shall incorporate, and en- establish a program to improve the quality U.S.C. 1811 et seq.) is amended by adding at
sure compatibility with (to the extent fea- of corporate financial data filed or furnished the end the following:
sible), all applicable data standards estab- by issuers under the Securities Act of 1933 (15 ‘‘SEC. 52. DATA STANDARDS.
lished in the rules promulgated under sec- U.S.C. 77a et seq.), the Securities Exchange ‘‘(a) DEFINITION.—In this section, the term
tion 124 of the Financial Stability Act of Act of 1934 (15 U.S.C. 78a et seq.), and the In- ‘financial company’ has the meaning given
2010, including, to the extent practicable, by vestment Company Act of 1940 (15 U.S.C. 80a– the term in section 201(a) of the Dodd-Frank
having the characteristics described in 1 et seq.). Wall Street Reform and Consumer Protec-
clauses (i) through (vi) of subsection (c)(1)(B) (B) CONTENTS.—The program established tion Act (12 U.S.C. 5381(a)).
of such section 124.’’. under subparagraph (A) shall include the fol- ‘‘(b) REQUIREMENT.—The Corporation shall,
(b) RULEMAKING.— lowing: by rule, adopt data standards for all collec-
(1) IN GENERAL.—Not later than 2 years (i) The designation of an official in the Of- tions of information with respect to informa-
after the date on which final rules are pro- fice of the Chairman of the Securities and tion received by the Corporation from any
mulgated under section 124(b) of the Finan- Exchange Commission responsible for the depository institution or financial company
cial Stability Act of 2010, as added by section improvement of the quality of data filed under this Act or under title II of the Dodd-
5101(a) of this division, the Municipal Securi- with or furnished to the Commission by Frank Wall Street Reform and Consumer
ties Rulemaking Board shall issue rules to issuers. Protection Act (12 U.S.C. 5381 et seq.).
adopt the standards required under para- (ii) The issuance by the Division of Cor- ‘‘(c) CONSISTENCY.—The data standards re-
graph (8) of section 15B(b) of the Securities poration Finance of the Securities and Ex- quired under subsection (b) shall incor-
Exchange Act of 1934 (15 U.S.C. 78o–4(b)), as change Commission of comment letters re- porate, and ensure compatibility with (to the
added by subsection (a), if the Board has es- quiring correction of errors in data filings extent feasible), all applicable data stand-
tablished information systems under para- and submissions, where necessary. ards established in the rules promulgated
graph (3) of such section 15B(b). (2) GOALS.—In establishing the program re- under section 124 of the Financial Stability
(2) SCALING OF REGULATORY REQUIREMENTS; quired under this subsection, the Securities Act of 2010, including, to the extent prac-
MINIMIZING DISRUPTION.—In issuing the rules and Exchange Commission shall seek to— ticable, by having the characteristics de-
described in paragraph (1), the Municipal Se- (A) improve the quality of data filed with scribed in clauses (i) through (vi) of sub-
curities Rulemaking Board— or furnished to the Commission to a com- section (c)(1)(B) of such section 124.’’.
(A) may scale data reporting requirements mercially acceptable level; and SEC. 5302. OPEN DATA PUBLICATION BY THE
in order to reduce any unjustified burden on (B) make data filed with or furnished to FEDERAL DEPOSIT INSURANCE COR-
PORATION.
smaller regulated entities; and the Commission useful to investors.
(B) shall seek to minimize disruptive (b) REPORT ON THE USE OF MACHINE-READ- The Federal Deposit Insurance Act (12
changes to the persons affected by those reg- ABLE DATA FOR CORPORATE DISCLOSURES.— U.S.C. 1811 et seq.), as amended by section
ulations. (1) IN GENERAL.—Not later than 180 days 5301, is further amended by adding at the end
SEC. 5204. DATA TRANSPARENCY AT NATIONAL after the date of enactment of this Act, and the following:
SECURITIES ASSOCIATIONS. once every 180 days thereafter, the Securities ‘‘SEC. 53. OPEN DATA PUBLICATION.
(a) IN GENERAL.—Section 15A of the Securi- and Exchange Commission shall submit to ‘‘All public data assets published by the
ties Exchange Act of 1934 (15 U.S.C. 78o–3) is the Committee on Banking, Housing, and Corporation under this Act or under the
amended by adding at the end the following: Urban Affairs of the Senate and the Com- Dodd-Frank Wall Street Reform and Con-
‘‘(n) DATA STANDARDS.— mittee on Financial Services of the House of sumer Protection Act (Public Law 111–203;
‘‘(1) REQUIREMENT.—A national securities Representatives a report regarding the pub- 124 Stat. 1376) shall be—
association registered pursuant to sub- lic and internal use of machine-readable data ‘‘(1) made available as an open Government
section (a) shall adopt data standards for all for corporate disclosures. data asset (as defined in section 3502 of title
information that is regularly filed with or (2) CONTENT.—Each report required under 44, United States Code);
submitted to the association. paragraph (1) shall include— ‘‘(2) freely available for download in bulk;
‘‘(2) CONSISTENCY.—The data standards re- (A) an identification of which corporate ‘‘(3) rendered in a human-readable format;
quired under paragraph (1) shall incorporate, disclosures required under section 7 of the and
and ensure compatibility with (to the extent Securities Act of 1933 (15 U.S.C. 77g), section ‘‘(4) accessible via application program-
feasible), all applicable data standards estab- 13 of the Securities Exchange Act of 1934 (15 ming interface where appropriate.’’.
lished in the rules promulgated under sec- U.S.C. 78m), and section 14 of the Securities SEC. 5303. RULEMAKING.
SSpencer on DSK126QN23PROD with SENATE
tion 124 of the Financial Stability Act of Exchange Act of 1934 (15 U.S.C. 78n) are ex- (a) IN GENERAL.—The Federal Deposit In-
2010, including, to the extent practicable, by pressed as machine-readable data and which surance Corporation shall issue rules to
having the characteristics described in are not; carry out the amendments made by this
clauses (i) through (vi) of subsection (c)(1)(B) (B) an analysis of the costs and benefits of title, which shall take effect not later than
of such section 124.’’. the use of machine-readable data in cor- 2 years after the date on which final rules
(b) RULEMAKING.— porate disclosure to investors, markets, the are promulgated under section 124(b) of the
(1) IN GENERAL.—Not later than 2 years Securities and Exchange Commission, and Financial Stability Act of 2010, as added by
after the date on which final rules are pro- issuers; section 5101(a) of this division.
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S5262 CONGRESSIONAL RECORD — SENATE September 28, 2022
(b) SCALING OF REGULATORY REQUIREMENTS; SEC. 5403. NO NEW DISCLOSURE REQUIREMENTS. additional information under the Consumer
MINIMIZING DISRUPTION.—In issuing the rules Nothing in this title, or the amendments Financial Protection Act of 2010 (12 U.S.C.
required under subsection (a), the Federal made by this title, shall be construed to re- 5481 et seq.), beyond information that was
Deposit Insurance Corporation— quire the Comptroller of the Currency to col- collected or made publicly available under
(1) may scale data reporting requirements lect or make publicly available additional that Act, as of the day before the date of en-
in order to reduce any unjustified burden on information under the Revised Statutes of actment of this Act.
smaller regulated entities; and the United States (or under any other provi- TITLE LVI—FEDERAL RESERVE SYSTEM
(2) shall seek to minimize disruptive sion of law referenced in an amendment SEC. 5601. DATA STANDARDS REQUIREMENTS
changes to the persons affected by those reg- made by this title), beyond information that FOR THE BOARD OF GOVERNORS OF
ulations. was collected or made publicly available THE FEDERAL RESERVE SYSTEM.
SEC. 5304. NO NEW DISCLOSURE REQUIREMENTS. under any such provision of law, as of the (a) DATA STANDARDS FOR INFORMATION
Nothing in this title, or the amendments day before the date of enactment of this Act. FILED OR SUBMITTED BY NONBANK FINANCIAL
made by this title, shall be construed to re- TITLE LV—BUREAU OF CONSUMER COMPANIES.—Section 161(a) of the Financial
quire the Federal Deposit Insurance Corpora- FINANCIAL PROTECTION Stability Act of 2010 (12 U.S.C. 5361(a)) is
tion to collect or make publicly available ad- amended by adding at the end the following:
SEC. 5501. DATA STANDARDS AND OPEN DATA
ditional information under the Acts amended PUBLICATION REQUIREMENTS FOR
‘‘(4) DATA STANDARDS FOR REPORTS UNDER
by this title (or under any provision of law THE BUREAU OF CONSUMER FINAN- THIS SUBSECTION.—
referenced in an amendment made by this CIAL PROTECTION. ‘‘(A) IN GENERAL.—The Board of Governors
title), beyond information that was collected (a) IN GENERAL.—Subtitle A of the Con- shall adopt data standards for all informa-
or made publicly available under any such sumer Financial Protection Act of 2010 (12 tion that, through a collection of informa-
provision, as of the day before the date of en- U.S.C. 5491 et seq.) is amended by— tion, is regularly filed with or submitted to
actment of this Act. (1) redesignating section 1018 (12 U.S.C. 5491 the Board of Governors under this subsection
TITLE LIV—OFFICE OF THE note) as section 1020; and by any nonbank financial company super-
COMPTROLLER OF THE CURRENCY (2) by inserting after section 1017 (12 U.S.C. vised by the Board of Governors or any sub-
5497) the following: sidiary thereof.
SEC. 5401. DATA STANDARDS AND OPEN DATA
PUBLICATION REQUIREMENTS FOR ‘‘SEC. 1018. DATA STANDARDS. ‘‘(B) CONSISTENCY.—The data standards re-
THE OFFICE OF THE COMPTROLLER quired under subparagraph (A) shall incor-
‘‘(a) REQUIREMENT.—The Bureau shall, by
OF THE CURRENCY. porate, and ensure compatibility with (to the
rule, adopt data standards for all collections
The Revised Statutes of the United States extent feasible), all applicable data stand-
of information that are regularly filed with
is amended by inserting after section 332 (12 ards established in the rules promulgated
or submitted to the Bureau.
U.S.C. 14) the following: under section 124, including, to the extent
‘‘(b) CONSISTENCY.—The data standards re-
‘‘SEC. 333. DATA STANDARDS; OPEN DATA PUBLI- practicable, by having the characteristics
quired under subsection (a) shall incor-
CATION. described in clauses (i) through (vi) of sub-
porate, and ensure compatibility with (to the
‘‘(a) DATA STANDARDS.— section (c)(1)(B) of section 124.’’.
extent feasible), all applicable data stand-
‘‘(1) REQUIREMENT.—The Comptroller of the (b) DATA STANDARDS FOR INFORMATION
ards established in the rules promulgated FILED OR SUBMITTED BY SAVINGS AND LOAN
Currency shall, by rule, adopt data standards under section 124 of the Financial Stability
for all collections of information that are HOLDING COMPANIES.—Section 10 of the Home
Act of 2010, including, to the extent prac- Owners’ Loan Act (12 U.S.C. 1467a) is amend-
regularly filed with or submitted to the ticable, by having the characteristics de-
Comptroller of the Currency by any entity ed by adding at the end the following:
scribed in clauses (i) through (vi) of sub- ‘‘(u) DATA STANDARDS.—
with respect to which the Office of the Comp- section (c)(1)(B) of such section 124. ‘‘(1) REQUIREMENT.—The Board shall adopt
troller of the Currency is the appropriate ‘‘SEC. 1019. OPEN DATA PUBLICATION. data standards for all information that,
Federal banking agency (as defined in sec- ‘‘All public data assets published by the through a collection of information, is regu-
tion 3 of the Federal Deposit Insurance Act Bureau shall be— larly filed with or submitted to the Board by
(12 U.S.C. 1813)). ‘‘(1) made available as an open Government any savings and loan holding company, or
‘‘(2) CONSISTENCY.—The data standards re- data asset (as defined in section 3502 of title subsidiary of a savings and loan holding
quired under paragraph (1) shall incorporate, 44, United States Code); company, other than a depository institu-
and ensure compatibility with (to the extent ‘‘(2) freely available for download in bulk; tion, under this section.
feasible), all applicable data standards estab- ‘‘(3) rendered in a human-readable format; ‘‘(2) CONSISTENCY.—The data standards re-
lished in the rules promulgated under sec- and quired under paragraph (1) shall incorporate,
tion 124 of the Financial Stability Act of ‘‘(4) accessible via application program- and ensure compatibility with (to the extent
2010, including, to the extent practicable, by ming interface where appropriate.’’. feasible), all applicable data standards estab-
having the characteristics described in (b) CLERICAL AMENDMENT.—The table of lished in the rules promulgated under sec-
clauses (i) through (vi) of subsection (c)(1)(B) contents under section 1(b) of the Dodd- tion 124 of the Financial Stability Act of
of such section 124. Frank Wall Street Reform and Consumer 2010, including, to the extent practicable, by
‘‘(b) OPEN DATA PUBLICATION.—All public
Protection Act is amended by striking the having the characteristics described in
data assets published by the Comptroller of
item relating to section 1018 and inserting clauses (i) through (vi) of subsection (c)(1)(B)
the Currency under title LXII or the Dodd-
the following: of such section 124.’’.
Frank Wall Street Reform and Consumer
‘‘Sec. 1018. Data standards. (c) DATA STANDARDS FOR INFORMATION
Protection Act (Public Law 111–203; 124 Stat. FILED OR SUBMITTED BY BANK HOLDING COM-
1376) shall be— ‘‘Sec. 1019. Open data publication.
‘‘Sec. 1020. Effective date.’’. PANIES.—Section 5 of the Bank Holding Com-
‘‘(1) made available as an open Government pany Act of 1956 (12 U.S.C. 1844) is amended
data asset (as defined in section 3502 of title SEC. 5502. RULEMAKING.
by adding at the end the following:
44, United States Code); (a) IN GENERAL.—The Director of the Bu- ‘‘(h) DATA STANDARDS.—
‘‘(2) freely available for download in bulk; reau of Consumer Financial Protection shall ‘‘(1) REQUIREMENT.—The Board shall adopt
‘‘(3) rendered in a human-readable format; issue rules to carry out the amendments data standards for all information that,
and made by section 5501, which shall take effect through a collection of information, is regu-
‘‘(4) accessible via application program- not later than 2 years after the date on larly filed with or submitted to the Board by
ming interface where appropriate.’’. which final rules are promulgated under sec- any bank holding company in a report under
SEC. 5402. RULEMAKING. tion 124(b) of the Financial Stability Act of subsection (c).
(a) IN GENERAL.—The Comptroller of the 2010, as added by section 5101(a) of this divi- ‘‘(2) CONSISTENCY.—The data standards re-
Currency shall issue rules to carry out the sion. quired under paragraph (1) shall incorporate,
amendments made by section 5401, which (b) SCALING OF REGULATORY REQUIREMENTS; and ensure compatibility with (to the extent
shall take effect not later than 2 years after MINIMIZING DISRUPTION.—In issuing the rules feasible), all applicable data standards estab-
the date on which final rules are promul- required under subsection (a), the Director of lished in the rules promulgated under sec-
gated under section 124(b) of the Financial the Bureau of Consumer Financial Protec- tion 124 of the Financial Stability Act of
Stability Act of 2010, as added by section tion— 2010, including, to the extent practicable, by
5101(a) of this division. (1) may scale data reporting requirements having the characteristics described in
(b) SCALING OF REGULATORY REQUIREMENTS; in order to reduce any unjustified burden on clauses (i) through (vi) of subsection (c)(1)(B)
MINIMIZING DISRUPTION.—In issuing the rules smaller regulated entities; and
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of such section 124.’’.
required under subsection (a), the Comp- (2) shall seek to minimize disruptive (d) DATA STANDARDS FOR INFORMATION SUB-
troller of the Currency— changes to the persons affected by those reg- MITTED BY FINANCIAL MARKET UTILITIES OR
(1) may scale data reporting requirements ulations. INSTITUTIONS UNDER THE PAYMENT, CLEAR-
in order to reduce any unjustified burden on SEC. 5503. NO NEW DISCLOSURE REQUIREMENTS. ING, AND SETTLEMENT SUPERVISION ACT OF
smaller regulated entities; and Nothing in this title, or the amendments 2010.—Section 809 of the Payment, Clearing,
(2) shall seek to minimize disruptive made by this title, shall be construed to re- and Settlement Supervision Act of 2010 (12
changes to the persons affected by those reg- quire the Bureau of Consumer Financial Pro- U.S.C. 5468) is amended by adding at the end
ulations. tection to collect or make publicly available the following:
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5263
‘‘(h) DATA STANDARDS.— of information and reports regularly filed SEC. 5802. OPEN DATA PUBLICATION BY THE
‘‘(1) REQUIREMENT.—The Board of Gov- with or submitted to the Administration FEDERAL HOUSING FINANCE AGEN-
ernors shall adopt data standards for all in- CY.
under this Act.
formation that, through a collection of infor- ‘‘(b) CONSISTENCY.—The data standards re- Part 1 of subtitle A of the Federal Housing
mation, is regularly filed with or submitted quired under subsection (a) shall incor- Enterprises Financial Safety and Soundness
to the Board or the Council by any financial porate, and ensure compatibility with (to the Act of 1992 (12 U.S.C. 4511 et seq.), as amend-
market utility or financial institution under extent feasible), all applicable data stand- ed by section 5801, is further amended by
subsection (a) or (b). ards established in the rules promulgated adding at the end the following:
‘‘(2) CONSISTENCY.—The data standards re- under section 124 of the Financial Stability ‘‘SEC. 1319I. OPEN DATA PUBLICATION.
quired under paragraph (1) shall incorporate, Act of 2010, including, to the extent prac- ‘‘All public data assets published by the
and ensure compatibility with (to the extent ticable, by having the characteristics de- Agency shall be—
feasible), all applicable data standards estab- scribed in clauses (i) through (vi) of sub- ‘‘(1) made available as an open Government
lished in the rules promulgated under sec- section (c)(1)(B) of such section 124.’’. data asset (as defined in section 3502 of title
tion 124 of the Financial Stability Act of 44, United States Code);
SEC. 5702. OPEN DATA PUBLICATION BY THE NA-
2010, including, to the extent practicable, by TIONAL CREDIT UNION ADMINIS- ‘‘(2) freely available for download in bulk;
having the characteristics described in TRATION. ‘‘(3) rendered in a human-readable format;
clauses (i) through (vi) of subsection (c)(1)(B) Title I of the Federal Credit Union Act (12 and
of such section 124.’’. U.S.C. 1752 et seq.), as amended by section ‘‘(4) accessible via application program-
SEC. 5602. OPEN DATA PUBLICATION BY THE 5701, is further amended by adding at the end ming interface where appropriate.’’.
BOARD OF GOVERNORS OF THE FED- the following: SEC. 5803. RULEMAKING.
ERAL RESERVE SYSTEM. (a) IN GENERAL.—The Director of the Fed-
‘‘SEC. 133. OPEN DATA PUBLICATION.
The Federal Reserve Act (12 U.S.C. 226 et eral Housing Finance Agency shall issue
seq.) is amended by adding at the end the fol- ‘‘All public data assets published by the rules to carry out the amendments made by
lowing: Administration under this title shall be— this title, which shall take effect not later
‘‘SEC. 32. OPEN DATA PUBLICATION BY THE ‘‘(1) made available as an open Government than 2 years after the date on which final
BOARD OF GOVERNORS. data asset (as defined in section 3502 of title rules are promulgated under section 124(b) of
‘‘All public data assets published by the 44, United States Code); the Financial Stability Act of 2010, as added
Board of Governors under this Act, the Bank ‘‘(2) freely available for download in bulk; by section 5101(a) of this division.
Holding Company Act of 1956 (12 U.S.C. 1841 ‘‘(3) rendered in a human-readable format; (b) MINIMIZING DISRUPTION.—In issuing the
et seq.), the Financial Stability Act of 2010 and regulations required under subsection (a),
(12 U.S.C. 5311 et seq.), the Home Owners’ ‘‘(4) accessible via application program- the Director of the Federal Housing Finance
Loan Act (12 U.S.C. 1461 et seq.), the Pay- ming interface where appropriate.’’. Agency shall seek to minimize disruptive
ment, Clearing, and Settlement Supervision SEC. 5703. RULEMAKING. changes to the persons affected by those
Act of 2010 (12 U.S.C. 5461 et seq.), or the En- (a) IN GENERAL.—The National Credit rules.
hancing Financial Institution Safety and
Union Administration Board shall issue rules SEC. 5804. NO NEW DISCLOSURE REQUIREMENTS.
Soundness Act of 2010 (title III of Public Law
to carry out the amendments made by this Nothing in this title, or the amendments
111–203) (or any provision of law amended by
title, which shall take effect not later than made by this title, shall be construed to re-
that Act) shall be—
2 years after the date on which final rules quire the Federal Housing Finance Agency
‘‘(1) made available as an open Government
are promulgated under section 124(b) of the to collect or make publicly available addi-
data asset (as defined in section 3502 of title
Financial Stability Act of 2010, as added by tional information under the Federal Hous-
44, United States Code);
section 5101(a) of this division. ing Enterprises Financial Safety and Sound-
‘‘(2) freely available for download in bulk;
(b) SCALING OF REGULATORY REQUIREMENTS; ness Act of 1992 (12 U.S.C. 4501 et seq.), be-
‘‘(3) rendered in a human-readable format;
MINIMIZING DISRUPTION.—In issuing the rules yond information that was collected or made
and
required under subsection (a), the National publicly available under that Act, as of the
‘‘(4) accessible via application program-
Credit Union Administration Board— day before the date of enactment of this Act.
ming interface where appropriate.’’.
(1) may scale data reporting requirements TITLE LIX—MISCELLANEOUS
SEC. 5603. RULEMAKING.
in order to reduce any unjustified burden on SEC. 5901. RULES OF CONSTRUCTION.
(a) IN GENERAL.—The Board of Governors
smaller regulated entities; and (a) NO EFFECT ON INTELLECTUAL PROP-
of the Federal Reserve System shall issue
rules to carry out the amendments made by (2) shall seek to minimize disruptive ERTY.—Nothing in this division, or the
this title, which shall take effect not later changes to the persons affected by those reg- amendments made by this division, may be
than 2 years after the date on which final ulations. construed to alter the existing legal protec-
rules are promulgated under section 124(b) of SEC. 5704. NO NEW DISCLOSURE REQUIREMENTS. tions of copyrighted material or other intel-
the Financial Stability Act of 2010, as added Nothing in this title, or the amendments lectual property rights of any non-Federal
by section 5101(a) of this division. made by this title, shall be construed to re- person.
(b) SCALING OF REGULATORY REQUIREMENTS; quire the National Credit Union Administra- (b) NO EFFECT ON MONETARY POLICY.—
MINIMIZING DISRUPTION.—In issuing the rules tion Board to collect or make publicly avail- Nothing in this division, or the amendments
required under subsection (a), the Board of able additional information under the Fed- made by this division, may be construed to
Governors of the Federal Reserve System— eral Credit Union Act (12 U.S.C. 1751 et seq.), apply to activities conducted, or data stand-
(1) may scale data reporting requirements beyond information that was collected or ards used, in connection with monetary pol-
in order to reduce any unjustified burden on made publicly available under that Act, as of icy proposed or implemented by the Board of
smaller regulated entities; and the day before the date of enactment of this Governors of the Federal Reserve System or
(2) shall seek to minimize disruptive Act. the Federal Open Market Committee.
changes to the persons affected by those reg- (c) PRESERVATION OF AGENCY AUTHORITY TO
TITLE LVIII—FEDERAL HOUSING FINANCE
ulations. TAILOR REQUIREMENTS.—Nothing in this divi-
AGENCY
SEC. 5604. NO NEW DISCLOSURE REQUIREMENTS. sion, or the amendments made by this divi-
Nothing in this title, or the amendments SEC. 5801. DATA STANDARDS REQUIREMENTS sion, may be construed to prohibit the head
made by this title, shall be construed to re- FOR THE FEDERAL HOUSING FI-
NANCE AGENCY.
of a covered agency, as defined in section
quire the Board of Governors of the Federal 124(a) of the Financial Stability Act of 2010,
Reserve System to collect or make publicly Part 1 of subtitle A of the Federal Housing as added by section 5101(a) of this division,
available additional information under any Enterprises Financial Safety and Soundness from tailoring those standards when those
Act amended by this title, any Act ref- Act of 1992 (12 U.S.C. 4511 et seq.) is amended standards are adopted under this division
erenced in an amendment made by this title, by adding at the end the following: and the amendments made by this division.
or any Act amended by an Act referenced in ‘‘SEC. 1319H. DATA STANDARDS. SEC. 5902. CLASSIFIED AND PROTECTED INFOR-
an amendment made by this title, beyond in- ‘‘(a) REQUIREMENT.—The Agency shall, by MATION.
formation that was collected or made pub- rule, adopt data standards for all collections (a) IN GENERAL.—Nothing in this division,
licly available under any such provision of of information that are regularly filed with or the amendments made by this division,
law, as of the day before the date of enact- or submitted to the Agency. shall require the disclosure to the public of—
ment of this Act. ‘‘(b) CONSISTENCY.—The data standards re- (1) information that would be exempt from
TITLE LVII—NATIONAL CREDIT UNION quired under subsection (a) shall incor- disclosure under section 552 of title 5, United
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ADMINISTRATION porate, and ensure compatibility with (to the States Code (commonly known as the ‘‘Free-
SEC. 5701. DATA STANDARDS. extent feasible), all applicable data stand- dom of Information Act’’); or
Title I of the Federal Credit Union Act (12 ards established in the rules promulgated (2) information protected under—
U.S.C. 1752 et seq.) is amended by adding at under section 124 of the Financial Stability (A) section 552a of title 5, United States
the end the following: Act of 2010, including, to the extent prac- Code (commonly known as the ‘‘Privacy Act
‘‘SEC. 132. DATA STANDARDS. ticable, by having the characteristics de- of 1974’’); or
‘‘(a) REQUIREMENT.—The Board shall, by scribed in clauses (i) through (vi) of sub- (B) section 6103 of the Internal Revenue
rule, adopt data standards for all collections section (c)(1)(B) of such section 124.’’. Code of 1986.
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S5264 CONGRESSIONAL RECORD — SENATE September 28, 2022
(b) EXISTING AGENCY REGULATIONS.—Noth- (3) CISA.—The term ‘‘CISA’’ means the Cy- can improve the cybersecurity of small enti-
ing in this division, or the amendments made bersecurity and Infrastructure Security ties.
by this division, shall be construed to re- Agency. ‘‘(2) EXISTING RECOMMENDATIONS.—The Di-
quire the Secretary of the Treasury, the Se- (4) COMMISSION.—The term ‘‘Commission’’ rector shall ensure that each annual cyberse-
curities and Exchange Commission, the Fed- means the Federal Trade Commission. curity report incorporates—
eral Deposit Insurance Corporation, the (5) SECRETARY.—The term ‘‘Secretary’’ ‘‘(A) cybersecurity resources developed by
Comptroller of the Currency, the Director of means the Secretary of Commerce. NIST, as required by the NIST Small Busi-
the Bureau of Consumer Financial Protec- (b) ANNUAL REPORT.— ness Cybersecurity Act (Public Law 115–236);
tion, the Board of Governors of the Federal (1) AMENDMENT.—Subtitle A of title XXII and
Reserve System, the National Credit Union of the Homeland Security Act of 2002 (6 ‘‘(B) the most recent version of the Cyber-
Administration Board, the Director of the U.S.C. 651 et seq.) is amended by adding at security Framework, or successor resource,
Federal Housing Finance Agency, or the the end the following: maintained by NIST.
head of any other primary financial regu- ‘‘SEC. 2220E. ANNUAL CYBERSECURITY REPORT ‘‘(3) CONSIDERATION FOR SPECIFIC TYPES OF
latory agency (as defined in section 2 of the FOR SMALL ENTITIES. SMALL ENTITIES.—The Director may include
Dodd-Frank Wall Street Reform and Con- ‘‘(a) DEFINITIONS.— and prioritize the development of cybersecu-
sumer Protection Act (12 U.S.C. 5301)) des- ‘‘(1) ADMINISTRATION.—The term ‘Adminis- rity recommendations, as required under
ignated by the Secretary of the Treasury to tration’ means the Small Business Adminis- paragraph (1), appropriate for specific types
amend existing regulations and procedures tration. of small entities in addition to recommenda-
regarding the sharing and disclosure of non- ‘‘(2) ADMINISTRATOR.—The term ‘Adminis- tions applicable for all small entities.
public information, including confidential trator’ means the Administrator of the Ad- ‘‘(4) CONSULTATION.—In publishing the an-
supervisory information. ministration. nual cybersecurity report, the Director shall,
SEC. 5903. DISCRETIONARY SURPLUS FUND. ‘‘(3) ANNUAL CYBERSECURITY REPORT.—The to the degree practicable and as appropriate,
(a) IN GENERAL.—Section 7(a)(3)(A) of the term ‘annual cybersecurity report’ means consult with—
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is the annual cybersecurity report published ‘‘(A) the Administrator, the Secretary of
amended by striking ‘‘$6,825,000,000’’ and in- and promoted under subsections (b) and (c), Commerce, the Commission, and the Direc-
serting ‘‘$6,725,000,000’’. respectively. tor of NIST;
(b) EFFECTIVE DATE.—The amendment ‘‘(4) COMMISSION.—The term ‘Commission’ ‘‘(B) small entities, insurers, State govern-
made by subsection (a) shall take effect on means the Federal Trade Commission. ments, companies that work with small enti-
September 30, 2031. ‘‘(5) ELECTRONIC DEVICE.—The term ‘elec- ties, and academic and Federal and non-Fed-
SEC. 5904. REPORT. tronic device’ means any electronic equip- eral experts in cybersecurity; and
Not later than 3 years after the date of en- ment that is— ‘‘(C) any other entity as determined appro-
actment of this Act, the Comptroller General ‘‘(A) used by an employee or contractor of priate by the Director.
of the United States shall submit to Con- a small entity for the purpose of performing ‘‘(c) PROMOTION OF ANNUAL CYBERSECURITY
gress a report on the feasibility, costs, and work for the small entity; REPORT FOR SMALL BUSINESSES.—
potential benefits of building upon the tax- ‘‘(B) capable of connecting to the internet ‘‘(1) PUBLICATION.—The annual cybersecu-
onomy established by this division, and the or another communication network; and rity report, and previous versions of the re-
amendments made by this division, to arrive ‘‘(C) capable of sending, receiving, or proc- port as appropriate, shall be—
at a Federal governmentwide regulatory essing personal information. ‘‘(A) made available, prominently and free
compliance standardization mechanism simi- ‘‘(6) NIST.—The term ‘NIST’ means the of charge, on the public website of the Agen-
lar to Standard Business Reporting. National Institute of Standards and Tech- cy; and
SEC. 5905. DETERMINATION OF BUDGETARY EF- nology. ‘‘(B) linked to from relevant portions of
FECTS. ‘‘(7) SMALL BUSINESS.—The term ‘small the websites of the Administration and the
The budgetary effects of this division, for business’ has the meaning given the term Minority Business Development Agency, as
the purpose of complying with the Statutory ‘small business concern’ in section 3 of the determined by the Administrator and the Di-
Pay-As-You-Go Act of 2010, shall be deter- Small Business Act (15 U.S.C. 632). rector of the Minority Business Development
mined by reference to the latest statement ‘‘(8) SMALL ENTITY.—The term ‘small enti- Agency, respectively.
titled ‘‘Budgetary Effects of PAYGO Legisla- ty’ means— ‘‘(2) PROMOTION GENERALLY.—The Director,
tion’’ for this division, submitted for print- ‘‘(A) a small business; the Administrator, and the Secretary of
ing in the Congressional Record by the ‘‘(B) a small governmental jurisdiction; Commerce shall, to the degree practicable,
Chairman of the House Budget Committee, and promote the annual cybersecurity report
provided that such statement has been sub- ‘‘(C) a small organization. through relevant resources that are intended
mitted prior to the vote on passage. ‘‘(9) SMALL GOVERNMENTAL JURISDICTION.— for or known to be regularly used by small
--- The term ‘small governmental jurisdiction’ entities, including agency documents,
SA 5789. Ms. ROSEN (for herself and means governments of cities, counties, websites, and events.
Mr. CORNYN) submitted an amendment towns, townships, villages, school districts, ‘‘(d) T RAINING AND T ECHNICAL ASSIST-
or special districts with a population of less ANCE.—The Director, the Administrator, and
intended to be proposed to amendment
than 50,000. the Director of the Minority Business Devel-
SA 5499 submitted by Mr. REED (for opment Agency shall make available to em-
‘‘(10) SMALL ORGANIZATION.—The term
himself and Mr. INHOFE) and intended ‘small organization’ means any not-for-profit ployees of small entities voluntary training
to be proposed to the bill H.R. 7900, to enterprise that is independently owned and and technical assistance on how to imple-
authorize appropriations for fiscal year operated and is not dominant in its field. ment the recommendations of the annual cy-
2023 for military activities of the De- ‘‘(b) ANNUAL CYBERSECURITY REPORT.— bersecurity report.’’.
partment of Defense, for military con- ‘‘(1) IN GENERAL.—Not later than 180 days (2) TECHNICAL AND CONFORMING AMEND-
after the date of enactment of this section, MENT.—The table of contents in section 1(b)
struction, and for defense activities of
and not less frequently than annually there- of the Homeland Security Act of 2002 (Public
the Department of Energy, to prescribe
after, the Director shall publish a report for 107–296; 116 Stat. 2135) is amended—
military personnel strengths for such (A) by moving the item relating to section
small entities that documents and promotes
fiscal year, and for other purposes; 2220D to appear after the item relating to
evidence-based cybersecurity policies and
which was ordered to lie on the table; controls for use by small entities, which section 2220C; and
as follows: shall— (B) by inserting after the item relating to
At the appropriate place, insert the fol- ‘‘(A) include basic controls that have the section 2220D the following:
lowing: most impact in protecting small entities ‘‘Sec. 2220E. Annual cybersecurity report for
SEC. ll. IMPROVING CYBERSECURITY OF against common cybersecurity threats and small entities.’’.
SMALL ENTITIES. risks; (c) REPORT TO CONGRESS.—
(a) DEFINITIONS.—In this section: ‘‘(B) include protocols and policies to ad- (1) IN GENERAL.—Not later than 1 year after
(1) ADMINISTRATOR.—The term ‘‘Adminis- dress common cybersecurity threats and the date of enactment of this Act, and annu-
trator’’ means the Administrator of the risks posed by electronic devices, regardless ally thereafter for 10 years, the Secretary
Small Business Administration. of whether the electronic devices are— shall submit to Congress a report describing
(2) ANNUAL CYBERSECURITY REPORT; SMALL ‘‘(i) issued by the small entity to employ- methods to improve the cybersecurity of
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BUSINESS; SMALL ENTITY; SMALL GOVERN- ees and contractors of the small entity; or small entities, including through the adop-
MENTAL JURISDICTION; SMALL ORGANIZATION.— ‘‘(ii) personal to the employees and con- tion of policies, controls, and classes of prod-
The terms ‘‘annual cybersecurity report’’, tractors of the small entity; and ucts and services that have been dem-
‘‘small business’’, ‘‘small entity’’, ‘‘small ‘‘(C) recommend, as practicable— onstrated to reduce cybersecurity risk.
governmental jurisdiction’’, and ‘‘small or- ‘‘(i) measures to improve the cybersecurity (2) MATTERS TO BE INCLUDED.—The report
ganization’’ have the meanings given those of small entities; and required under paragraph (1) shall—
terms in section 2220E of the Homeland Secu- ‘‘(ii) configurations and settings for some (A) identify barriers or challenges for
rity Act of 2002, as added by subsection (b). of the most commonly used software that small entities in purchasing or acquiring
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5265
classes of products and services that promote section shall be construed to provide any ad- struction, and for defense activities of
the cybersecurity of small entities; ditional regulatory authority to CISA. the Department of Energy, to prescribe
(B) assess market availability, market military personnel strengths for such
pricing, and affordability of classes of prod- SA 5790. Ms. ROSEN (for herself and
fiscal year, and for other purposes;
ucts and services that promote the cyberse- Mr. BARRASSO) submitted an amend-
curity of small entities, with particular at- which was ordered to lie on the table;
ment intended to be proposed to as follows:
tention to identifying high-risk and under- amendment SA 5499 submitted by Mr.
served sectors or regions; At the appropriate place in title II, insert
REED (for himself and Mr. INHOFE) and the following:
(C) estimate the costs and benefits of poli-
cies that promote the cybersecurity of small intended to be proposed to the bill H.R. SEC. 2ll. APPLICATION OF PUBLIC-PRIVATE
7900, to authorize appropriations for TALENT EXCHANGE PROGRAMS IN
entities, including— THE DEPARTMENT OF DEFENSE TO
(i) tax breaks; fiscal year 2023 for military activities QUANTUM INFORMATION SCIENCES
(ii) grants and subsidies; and of the Department of Defense, for mili- AND TECHNOLOGY RESEARCH.
(iii) other incentives as determined appro- tary construction, and for defense ac- In carrying out section 1599g of title 10,
priate by the Secretary; tivities of the Department of Energy, United States Code, the Secretary of Defense
(D) describe evidence-based cybersecurity may establish public-private exchange pro-
to prescribe military personnel
controls and policies that improve the cyber- grams, each with up to 10 program partici-
security of small entities; strengths for such fiscal year, and for
pants, focused on private sector entities
(E) with respect to the incentives described other purposes; which was ordered to working on quantum information sciences
in subparagraph (C), recommend measures lie on the table; as follows: and technology research applications.
that can effectively improve cybersecurity At the end of subtitle D of title III, add the SEC. 2ll. BRIEFING ON SCIENCE, MATHE-
at scale for small entities; and following: MATICS, AND RESEARCH FOR
(F) include any other matters as the Sec- SEC. 357. REQUIREMENT TO INCLUDE THE MOD- TRANSFORMATION (SMART) DE-
retary determines relevant. ULAR AIRBORNE FIRE FIGHTING FENSE EDUCATION PROGRAM.
(3) SPECIFIC SECTORS OF SMALL ENTITIES.— SYSTEM MISSION AS PART OF THE Not later than three years after the date of
BASING CRITERIA FOR C–130J AIR- the enactment of this Act, the Secretary of
In preparing the report required under para-
CRAFT FOR THE AIR NATIONAL Defense shall provide Congress with a brief-
graph (1), the Secretary may include matters GUARD.
applicable for specific sectors of small enti- ing on participation and use of the program
The Secretary of the Air Force shall in- under section 4093 of title 10, United States
ties in addition to matters applicable to all clude the Modular Airborne Fire Fighting
small entities. Code, with a particular focus on levels of in-
System (MAFFS) mission as part of the bas- terest from students engaged in studying
(4) CONSULTATION.—In preparing the report ing criteria of the Air Force for C–130J air-
required under paragraph (1), the Secretary quantum fields.
craft for the Air National Guard. SEC. 2ll. IMPROVEMENTS TO DEFENSE QUAN-
shall consult with—
TUM INFORMATION SCIENCE AND
(A) the Administrator, the Director of SA 5791. Ms. HASSAN submitted an TECHNOLOGY RESEARCH AND DE-
CISA, and the Commission; and
(B) small entities, insurers of risks related
amendment intended to be proposed to VELOPMENT PROGRAM.
amendment SA 5499 submitted by Mr. (a) FELLOWSHIP PROGRAM AUTHORIZED.—
to cybersecurity, State governments, cyber- Section 234 of the John S. McCain National
security and information technology compa- REED (for himself and Mr. INHOFE) and
Defense Authorization Act for Fiscal Year
nies that work with small entities, and aca- intended to be proposed to the bill H.R. 2019 (Public Law 115–232; 10 U.S.C. 4001 note)
demic and Federal and non-Federal experts 7900, to authorize appropriations for is amended—
in cybersecurity. fiscal year 2023 for military activities (1) by redesignating subsection (f) as sub-
(d) PERIODIC CENSUS ON STATE OF CYBERSE- of the Department of Defense, for mili- section (g); and
CURITY OF SMALL BUSINESSES.—
(1) IN GENERAL.—Not later than 1 year after tary construction, and for defense ac- (2) by inserting after subsection (e) the fol-
tivities of the Department of Energy, lowing new subsection (f):
the date of enactment of this Act, and not ‘‘(f) FELLOWSHIPS.—
less frequently than every 24 months there- to prescribe military personnel
‘‘(1) PROGRAM AUTHORIZED.—In carrying
after for 10 years, the Administrator shall strengths for such fiscal year, and for out the program required by subsection (a)
submit to Congress and make publicly avail- other purposes; which was ordered to and subject to the availability of appropria-
able data on the state of cybersecurity of lie on the table; as follows: tions to carry out this subsection, the Sec-
small businesses, including, to the extent At the end of subtitle E of title V, add the retary may carry out a program of fellow-
practicable— following: ships in quantum information science and
(A) adoption of the cybersecurity rec- SEC. 564. AMENDMENTS TO PATHWAYS FOR technology research and development for in-
ommendations from the annual cybersecu- COUNSELING IN THE TRANSITION dividuals who have a graduate or post-grad-
rity report among small businesses; ASSISTANCE PROGRAM.
uate degree.
(B) the most significant and widespread cy- Section 1142(c)(1) of title 10, United States ‘‘(2) EQUAL ACCESS.—In carrying out the
bersecurity threats facing small businesses; Code, is amended— program under paragraph (1), the Secretary
(C) the amount small businesses spend on (1) in subparagraph (E), by striking ‘‘Dis- may establish procedures to ensure that mi-
cybersecurity products and services; and ability’’ and inserting ‘‘Potential or con- nority, geographically diverse, and economi-
(D) the personnel small businesses dedicate firmed disability’’; cally disadvantaged students have equal ac-
to cybersecurity, including the amount of (2) in subparagraph (F), by striking ‘‘Char- cess to fellowship opportunities under such
total personnel time, whether by employees acter’’ and inserting ‘‘Potential or confirmed program.’’.
or contractors, dedicated to cybersecurity character’’; (b) MULTIDISCIPLINARY PARTNERSHIPS WITH
efforts. (3) by redesignating subparagraph (M) as UNIVERSITIES.—Such section is further
(2) VOLUNTARY PARTICIPATION.—In carrying subparagraph (R); and amended—
out paragraph (1), the Administrator shall (4) by inserting after subparagraph (L) the (1) by redesignating subsection (g), as re-
collect data from small businesses that par- following new subparagraphs: designated by subsection (a)(1), as subsection
ticipate on a voluntary basis. ‘‘(M) Child care requirements of the mem- (h); and
(3) FORM.—The data required under para- ber (including whether a dependent of the (2) by inserting after subsection (f), as
graph (1) shall be produced in unclassified member is enrolled in the Exceptional Fam- added by subsection (a)(2), the following new
form but may contain a classified annex. ily Member Program). subsection (g):
(4) CONSULTATION.—In preparing to collect ‘‘(N) The employment status of other ‘‘(g) MULTIDISCIPLINARY PARTNERSHIPS
the data required under paragraph (1), the adults in the household of the member. WITH UNIVERSITIES.—In carrying out the pro-
Administrator shall consult with— ‘‘(O) The proximity of the duty station of gram under subsection (a), the Secretary of
(A) the Secretary, the Director of CISA, the member to the anticipated post-separa- Defense may develop partnerships with uni-
and the Commission; and tion residence of the member (including versities to enable students to engage in
(B) small businesses, insurers of risks re- whether the member was separated from multidisciplinary courses of study.’’.
lated to cybersecurity, cybersecurity and in- family while on duty).’’. SEC. 2ll. IMPROVEMENTS TO NATIONAL QUAN-
formation technology companies that work TUM INITIATIVE PROGRAM.
with small businesses, and academic and SA 5792. Ms. HASSAN (for herself and (a) INVOLVEMENT OF DEPARTMENT OF DE-
Mr. THUNE) submitted an amendment FENSE AND INTELLIGENCE COMMUNITY IN NA-
SSpencer on DSK126QN23PROD with SENATE
Federal and non-Federal experts in cyberse-
curity. intended to be proposed to amendment TIONAL QUANTUM INITIATIVE ADVISORY COM-
(5) PRIVACY.—In carrying out this sub- MITTEE.—
SA 5499 submitted by Mr. REED (for
section, the Administrator shall ensure that (1) QUALIFICATIONS.—Subsection (b) of sec-
himself and Mr. INHOFE) and intended
any publicly available data is anonymized tion 104 of the National Quantum Initiative
to be proposed to the bill H.R. 7900, to Act (Public Law 115–368; 15 U.S.C. 8814) is
and does not reveal personally identifiable
information. authorize appropriations for fiscal year amended by striking ‘‘and Federal labora-
(e) RULE OF CONSTRUCTION.—Nothing in 2023 for military activities of the De- tories’’ and inserting ‘‘Federal laboratories,
this section or the amendments made by this partment of Defense, for military con- and defense and intelligence researchers’’.
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S5266 CONGRESSIONAL RECORD — SENATE September 28, 2022
(2) INTEGRATION.—Such section is amend- amendment intended to be proposed to (J) any other services or activities the Sec-
ed— amendment SA 5499 submitted by Mr. retary considers appropriate to support the
(A) by redesignating subsections (e) REED (for himself and Mr. INHOFE) and needs of eligible children.
through (g) as subsection (f) through (h), re- (c) REQUIREMENTS FOR FAMILY COORDINA-
intended to be proposed to the bill H.R. TORS.—
spectively; and
(B) by inserting after subsection (d) the
7900, to authorize appropriations for (1) IN GENERAL.—Not later than three years
following new subsection (e): fiscal year 2023 for military activities after the date of the enactment of this Act,
‘‘(e) INTEGRATION OF DEPARTMENT OF DE- of the Department of Defense, for mili- the Secretary shall—
FENSE AND INTELLIGENCE COMMUNITY.—The tary construction, and for defense ac- (A) place at each medical center of the De-
Advisory Committee shall take such actions tivities of the Department of Energy, partment not fewer than one Family Coordi-
as may be necessary, including by modifying to prescribe military personnel nator; and
policies and procedures of the Advisory Com- strengths for such fiscal year, and for (B) ensure adequate staffing and resources
mittee, to ensure the full integration of the at each such medical center to ensure Fam-
other purposes; which was ordered to
Department of Defense and the intelligence ily Coordinators are able to carry out their
community (as defined in section 3 of the Na-
lie on the table; as follows: duties.
tional Security Act of 1947 (50 U.S.C. 3003)) in At the end of subtitle C of title VII, insert (2) FAMILY COORDINATORS.—
activities of the Advisory Committee.’’. the following: (A) EMPLOYMENT.—Each Family Coordi-
(b) CLARIFICATION OF PURPOSE OF MULTI- SEC. 753. HELPING HEROES ACT OF 2022. nator placed at a medical center of the De-
DISCIPLINARY CENTERS FOR QUANTUM RE- (a) SHORT TITLE.—This section may be partment under paragraph (1) shall be em-
SEARCH AND EDUCATION.—Section 302(c) of cited as the ‘‘Helping Heroes Act of 2022’’. ployed full-time by the Department as a
the National Quantum Initiative Act (Public (b) DEFINITIONS.—In this section: Family Coordinator and shall have no other
Law 115–368; 15 U.S.C. 8842(c)) is amended— (1) DEPARTMENT.—The term ‘‘Department’’ duties in addition to the duties of a Family
(1) in paragraph (2), by striking ‘‘; and’’ and means the Department of Veterans Affairs. Coordinator.
inserting a semicolon; (2) DISABLED VETERAN.—The term ‘‘dis- (B) QUALIFICATIONS.—
(2) in paragraph (3), by striking the period abled veteran’’ has the meaning given that (i) IN GENERAL.—To qualify to be a Family
at the end and inserting ‘‘; and’’; and term in section 4211 of title 38, United States Coordinator under paragraph (1), an indi-
(3) by adding at the end the following new Code. vidual shall—
paragraph: (3) ELIGIBLE CHILD.—The term ‘‘eligible (I) be a social worker licensed, registered,
‘‘(4) encouraging workforce collaboration, child’’, with respect to an eligible veteran, or certified in accordance with the require-
both with private industry and among Fed- means an individual who— ments of any State; and
eral entities, including Department of De- (A) is a ward, child (including stepchild), (II) have a graduate degree in social work
fense components and the intelligence com- grandchild, or sibling (including stepsibling or a related field.
munity (as defined in section 3 of the Na- or halfsibling) of the eligible veteran; and (ii) WAIVER.—The Secretary may waive the
tional Security Act of 1947 (50 U.S.C. 3003)).’’. (B) is less than 18 years of age. qualifications required by clause (i) to per-
(c) COORDINATION OF NATIONAL QUANTUM IN- (4) ELIGIBLE VETERAN.—The term ‘‘eligible mit individuals in other professions to serve
FORMATION SCIENCE RESEARCH CENTERS.— veteran’’ means a disabled veteran who has a as Family Coordinators.
Section 402(d) of the National Quantum Ini- service-connected disability rated at 70 per- (C) DUTIES.—Each Family Coordinator
tiative Act (Public Law 115–368; 15 U.S.C. cent or more. shall—
8852(d)) is amended— (5) FAMILY COORDINATOR.—The term ‘‘Fam- (i) assess the needs of the families of vet-
(1) by redesignating paragraphs (2) and (3) ily Coordinator’’ means an individual placed erans using evidence-based strategies;
as paragraphs (3) and (4), respectively; and at a medical center of the Department pursu- (ii) build positive relationships with such
(2) by inserting after paragraph (1) the fol- ant to subsection (c). families;
lowing new paragraph (2): (6) FAMILY SUPPORT PROGRAM.—The term (iii) refer veterans to local, State, and Fed-
‘‘(2) other research entities of the Federal ‘‘Family Support Program’’ means the pro- eral resources that support veterans and
government, including research entities in gram established under subsection (d). their families;
the Department of Defense and research en- (7) NON-DEPARTMENT PROVIDER.—The term (iv) develop and maintain a list of—
tities in the intelligence community (as de- ‘‘non-Department provider’’ means a public (I) supportive services offered by the med-
fined in section 3 of the National Security or non-profit entity that is not an entity of ical center at which the Family Coordinator
Act of 1947 (50 U.S.C. 3003));’’. the Department. is placed; and
(d) NATIONAL QUANTUM COORDINATION OF- (8) SECRETARY.—The term ‘‘Secretary’’ (II) supportive services offered at reduced
FICE, COLLABORATION WHEN REPORTING TO means the Secretary of Veterans Affairs. or no cost by non-Department providers lo-
CONGRESS.—Section 102 of the National (9) SUPPORTIVE SERVICES.—The term ‘‘sup- cated in the catchment area of such medical
Quantum Initiative Act (Public Law 115–368; portive services’’ means services that ad- center; and
15 U.S.C. 8812) is amended— dress the social, emotional, and mental (v) develop and maintain on an internet
(1) by redesignating subsection (c) as sub- health, career-readiness, and other needs of website a list of family resources that shall
section (d); and eligible children, including— be made available for all veterans in the
(2) by inserting after subsection (b) the fol- (A) wellness services, including mental, catchment area of such medical center who
lowing new subsection (c): emotional, behavioral, and physical health are enrolled in the patient enrollment sys-
‘‘(c) COLLABORATION WHEN REPORTING TO and nutritional counseling and assistance; tem of the Department established and oper-
CONGRESS.—The Coordination Office shall (B) peer-support programs for children; ated under section 1705(a) of title 38, United
ensure that when participants in the Na- (C) assistance completing college admis- States Code.
tional Quantum Initiative Program prepare sion and financial aid applications, including (d) ESTABLISHMENT OF FAMILY SUPPORT
and submit reports to Congress that they do the Free Application for Federal Student Aid PROGRAM.—
so in collaboration with each other and as described in section 483(a) of the Higher Edu- (1) IN GENERAL.—Not later than one year
appropriate Federal civilian, defense, and in- cation Act (20 U.S.C. 1090), and accessing vet- after the date of the enactment of this Act,
telligence research entities.’’. erans’ education benefits as defined under the Secretary shall establish a program to be
(e) REPORTING TO ADDITIONAL COMMITTEES section 480(c)(2) of such Act (20 U.S.C. 1087vv) known as the Family Support Program to
OF CONGRESS.—Paragraph (2) of section 2 of that eligible children may be eligible to re- provide and coordinate the provision of sup-
such Act (15 U.S.C. 8801) is amended to read ceive; portive services to eligible veterans and eli-
as follows: (D) assistance with accessing workforce de- gible children.
‘‘(2) APPROPRIATE COMMITTEES OF CON- velopment programs, including programs (2) IMPLEMENTATION OF FAMILY SUPPORT
GRESS.—The term ‘appropriate committees providing the activities authorized under PROGRAM.—To carry out the Family Support
of Congress’ means— section 129 of the Workforce Innovation and Program, the Secretary shall—
‘‘(A) the Committee on Commerce, Opportunity Act (29 U.S.C. 3164), and pro- (A) provide supportive services through
Science, and Transportation, the Committee grams of vocational rehabilitation services, medical centers of the Department;
on Energy and Natural Resources, the Com- including programs authorized under title I (B) collaborate with relevant Federal agen-
mittee on Armed Services, and the Select of the Rehabilitation Act of 1973 (29 U.S.C. cies to provide supportive services;
Committee on Intelligence of the Senate; 720 et seq.); (C) provide funding to non-Department
and (E) sports and recreation; providers pursuant to paragraph (3); and
‘‘(B) the Committee on Energy and Com- (F) after-school care and summer learning (D) engage in any other activities the Sec-
SSpencer on DSK126QN23PROD with SENATE
merce, the Committee on Science, Space, opportunities; retary considers appropriate.
and Technology, the Committee on Armed (G) dependent care, including home and (3) FUNDING TO NON-DEPARTMENT PRO-
Services, and the Permanent Select Com- community-based services; VIDERS.—
mittee on Intelligence of the House of Rep- (H) other resources for low-income fami- (A) IN GENERAL.—The Secretary may enter
resentatives.’’. lies; into contracts and award grants to provide
--- (I) assistance transitioning from active funding to eligible non-Department pro-
SA 5793. Mrs. MURRAY (for herself duty in the Armed Forces to veteran status; viders to participate in the Family Support
and Mr. BOOZMAN) submitted an and Program.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5267
(B) ELIGIBILITY.— (AA) the relationship to the eligible vet- (1) IN GENERAL.—In furtherance of the Wil-
(i) IN GENERAL.—The Secretary shall estab- eran; derness Act (16 U.S.C. 1131 et seq.), the fol-
lish and make publicly available the criteria (BB) age; lowing Federal land in the Olympic National
for a non-Department provider to be eligible (CC) race; Forest in the State of Washington com-
to participate in the Family Support Pro- (DD) ethnicity; prising approximately 126,554 acres, as gen-
gram. (EE) gender identity; erally depicted on the map entitled ‘‘Pro-
(ii) CRITERIA.—The criteria required by (FF) sexual orientation; posed Wild Olympics Wilderness and Wild
clause (i) shall include requirements for a (GG) disability; and and Scenic Rivers Act’’ and dated April 8,
non-Department provider— (HH) English proficiency and whether a 2019 (referred to in this subsection as the
(I) to provide a description of— language other than English is spoken at ‘‘map’’), is designated as wilderness and as
(aa) each supportive service proposed to be home; components of the National Wilderness Pres-
provided to eligible children; and (cc) a summary of the supportive services ervation System:
(bb) the demonstrated record of the non- carried out under the Family Support Pro- (A) LOST CREEK WILDERNESS.—Certain Fed-
Department provider in providing such sup- gram and the costs to the Department of eral land managed by the Forest Service,
portive service; such supportive services; and comprising approximately 7,159 acres, as gen-
(II) to demonstrate the ability to serve (dd) an assessment, measured by a survey erally depicted on the map, which shall be
families of veterans in a manner that is trau- of participants, of whether participation in known as the ‘‘Lost Creek Wilderness’’.
ma-informed and culturally and linguis- the Family Support Program resulted in (B) RUGGED RIDGE WILDERNESS.—Certain
positive outcomes for eligible veterans and Federal land managed by the Forest Service,
tically appropriate; and
eligible children. comprising approximately 5,956 acres, as gen-
(III) to agree to oversight by the Secretary
(e) OUTREACH ON AVAILABILITY OF SERV- erally depicted on the map, which shall be
regarding—
ICES.—The Secretary shall conduct an out- known as the ‘‘Rugged Ridge Wilderness’’.
(aa) the use of funds provided by the De-
reach program to ensure eligible veterans (C) ALCKEE CREEK WILDERNESS.—Certain
partment under this paragraph; and
who are enrolled in the patient enrollment Federal land managed by the Forest Service,
(bb) the quality of supportive services pro-
system of the Department established and comprising approximately 1,787 acres, as gen-
vided.
operated under section 1705(a) of title 38, erally depicted on the map, which shall be
(C) NOTICE.—The Secretary shall promptly known as the ‘‘Alckee Creek Wilderness’’.
United States Code, employees of the De-
provide to eligible non-Department providers (D) GATES OF THE ELWHA WILDERNESS.—Cer-
partment, and potential State, local, and
selected by the Secretary to participate in tain Federal land managed by the Forest
Federal entities are informed of the Family
the Family Support Program notice of the Support Program and the availability of Service, comprising approximately 5,669
award of funds under this paragraph to en- Family Coordinators. acres, as generally depicted on the map,
sure such providers have sufficient time to (f) TRANSITION ASSISTANCE.—Not later than which shall be known as the ‘‘Gates of the
prepare to provide supportive services under one year after the date of the enactment of Elwha Wilderness’’.
the Family Support Program. this Act, the Secretary shall include infor- (E) BUCKHORN WILDERNESS ADDITIONS.—Cer-
(D) AUTHORIZED ACTIVITIES.—Funds pro- mation regarding supportive services avail- tain Federal land managed by the Forest
vided under this paragraph shall be used to able for members of the Armed Forces who Service, comprising approximately 21,965
provide supportive services. are being separated from active duty and acres, as generally depicted on the map, is
(E) TRAINING.—For each non-Department their families, including mental health and incorporated in, and shall be managed as
provider selected by the Secretary to partici- other services for children, in the transition part of, the ‘‘Buckhorn Wilderness’’, as des-
pant in the Family Support Program, the assistance curriculum offered by the Depart- ignated by section 3 of the Washington State
Secretary shall offer training and technical ment. Wilderness Act of 1984 (16 U.S.C. 1132 note;
assistance regarding the planning, develop- (g) SURVEY.— Public Law 98–339).
ment, and provision of supportive services (1) IN GENERAL.—Not later than one year (F) GREEN MOUNTAIN WILDERNESS.—Certain
under the Family Support Program. after the date of the enactment of this Act, Federal land managed by the Forest Service,
(4) COORDINATION WITH OTHER DEPARTMENT and annually thereafter for five years, the comprising approximately 4,790 acres, as gen-
OF VETERANS AFFAIRS PROGRAMS.—The Sec- Secretary shall conduct a survey of disabled erally depicted on the map, which shall be
retary shall share best practices with and fa- veterans and their families to identify and known as the ‘‘Green Mountain Wilderness’’.
cilitate referrals of eligible veterans and better understand the needs of such disabled (G) THE BROTHERS WILDERNESS ADDITIONS.—
their families, as appropriate, from the Fam- veterans and their families. Certain land managed by the Forest Service,
ily Support Program to other programs of (2) CONTENT.—The survey required under comprising approximately 8,625 acres, as gen-
the Department, such as the program of sup- paragraph (1) shall include questions with re- erally depicted on the map, is incorporated
port services for caregivers of veterans under spect to— in, and shall be managed as part of, the ‘‘The
section 1720G(b) of title 38, United States (A) the types and quality of support dis- Brothers Wilderness’’, as designated by sec-
Code. abled veterans receive from the children of tion 3 of the Washington State Wilderness
(5) REPORTING REQUIREMENTS.— such disabled veterans; and Act of 1984 (16 U.S.C. 1132 note; Public Law
(A) ANNUAL REPORT.—Not later than one (B) the unmet needs of such children. 98–339).
year after the date of the commencement of (h) NONDISCRIMINATION.—Programs or ac- (H) MOUNT SKOKOMISH WILDERNESS ADDI-
the Family Support Program, and annually tivities receiving funds under this section TIONS.—Certain land managed by the Forest
thereafter, each non-Department provider in may not discriminate on the basis of race, Service, comprising approximately 8,933
receipt of funds under the Family Support color, national origin, religion, sex, sexual acres, as generally depicted on the map, is
Program shall submit to the Secretary a re- orientation, gender identity, disability sta- incorporated in, and shall be managed as
port describing the supportive services car- tus, or age. part of, the ‘‘Mount Skokomish Wilderness’’,
ried out with such funds during the year cov- (i) AUTHORIZATION OF APPROPRIATIONS.— as designated by section 3 of the Washington
ered by such report. There are authorized to be appropriated to State Wilderness Act of 1984 (16 U.S.C. 1132
(B) REPORTS TO CONGRESS.— the Secretary such funds as may be nec- note; Public Law 98–339).
(i) REPORT ON ADDITIONAL RESOURCES.—Not essary to carry out this section. (I) WONDER MOUNTAIN WILDERNESS ADDI-
later than 90 days after the date of the enact- --- TIONS.—Certain land managed by the Forest
SA 5794. Mrs. MURRAY submitted an
ment of this Act, the Secretary shall submit Service, comprising approximately 26,517
to Congress a report on the potential need amendment intended to be proposed to acres, as generally depicted on the map, is
for additional resources for family members amendment SA 5499 submitted by Mr. incorporated in, and shall be managed as
of eligible veterans other than eligible chil- REED (for himself and Mr. INHOFE) and part of, the ‘‘Wonder Mountain Wilderness’’,
dren. intended to be proposed to the bill H.R. as designated by section 3 of the Washington
(ii) REPORT ON PROGRESS.— 7900, to authorize appropriations for State Wilderness Act of 1984 (16 U.S.C. 1132
(I) IN GENERAL.—Not later than one year fiscal year 2023 for military activities note; Public Law 98–339).
after the commencement of the Family Sup- of the Department of Defense, for mili- (J) MOONLIGHT DOME WILDERNESS.—Certain
port Program, the Secretary shall submit to tary construction, and for defense ac- Federal land managed by the Forest Service,
the Committee on Veterans’ Affairs of the comprising approximately 9,117 acres, as gen-
tivities of the Department of Energy,
Senate and the Committee on Veterans’ Af- erally depicted on the map, which shall be
fairs of the House of Representatives a re- to prescribe military personnel known as the ‘‘Moonlight Dome Wilderness’’.
port on the progress of the Family Support strengths for such fiscal year, and for (K) SOUTH QUINAULT RIDGE WILDERNESS.—
SSpencer on DSK126QN23PROD with SENATE
Program. other purposes; which was ordered to Certain Federal land managed by the Forest
(II) CONTENTS.—The report required by sub- lie on the table; as follows: Service, comprising approximately 10,887
clause (I) shall include— At the end of subtitle G of title X, add the acres, as generally depicted on the map,
(aa) the number of eligible veterans and el- following: which shall be known as the ‘‘South
igible children who received supportive serv- SEC. 1077. WILD OLYMPICS WILDERNESS AND Quinault Ridge Wilderness’’.
ices under the Family Support Program; WILD AND SCENIC RIVERS. (L) COLONEL BOB WILDERNESS ADDITIONS.—
(bb) the demographic data of eligible vet- (a) DESIGNATION OF OLYMPIC NATIONAL FOR- Certain Federal land managed by the Forest
erans and family members, including— EST WILDERNESS AREAS.— Service, comprising approximately 353 acres,
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S5268 CONGRESSIONAL RECORD — SENATE September 28, 2022
as generally depicted on the map, is incor- (1) IN GENERAL.—Section 3(a) of the Wild retary of Agriculture, except that portions of
porated in, and shall be managed as part of, and Scenic Rivers Act (16 U.S.C. 1274(a)) is the river within the boundaries of Olympic
the ‘‘Colonel Bob Wilderness’’, as designated amended by adding at the end the following: National Park shall be administered by the
by section 3 of the Washington State Wilder- ‘‘(231) ELWHA RIVER, WASHINGTON.—The ap- Secretary of the Interior, in the following
ness Act of 1984 (16 U.S.C. 1132 note; Public proximately 29.0-mile segment of the Elwha classes:
Law 98–339). River and tributaries from the source to Cat ‘‘(A) The approximately 19.0-mile segment
(M) SAM’S RIVER WILDERNESS.—Certain Creek, to be administered by the Secretary from the headwaters to the Brothers Wilder-
Federal land managed by the Forest Service, of the Interior as a wild river. ness boundary, as a wild river.
comprising approximately 13,418 acres, as ‘‘(232) DUNGENESS RIVER, WASHINGTON.—The ‘‘(B) The approximately 1.9-mile segment
generally depicted on the map, which shall segment of the Dungeness River from the from the Brothers Wilderness boundary to
be known as the ‘‘Sam’s River Wilderness’’. headwaters to the State of Washington De- the private land in T. 25 N., R. 3 W., sec. 1,
(N) CANOE CREEK WILDERNESS.—Certain partment of Natural Resources land in T. 29 as a scenic river.
Federal land managed by the Forest Service, N., R. 4 W., sec. 12, to be administered by the ‘‘(236) HAMMA HAMMA RIVER, WASHINGTON.—
comprising approximately 1,378 acres, as gen- Secretary of Agriculture, except that por- The segment of the Hamma Hamma River
erally depicted on the map, which shall be tions of the river within the boundaries of from the headwaters to the eastern edge of
known as the ‘‘Canoe Creek Wilderness’’. Olympic National Park shall be adminis- the NW1⁄4 sec. 21, T. 24 N., R. 3 W., to be ad-
(2) ADMINISTRATION.— tered by the Secretary of the Interior, in- ministered by the Secretary of Agriculture,
(A) MANAGEMENT.—Subject to valid exist- cluding the following segments of the in the following classes:
ing rights, the land designated as wilderness mainstem and major tributary the Gray Wolf ‘‘(A) The approximately 3.1-mile segment
by paragraph (1) shall be administered by the River, in the following classes: from the headwaters to the Mt. Skokomish
Secretary of Agriculture (referred to in this ‘‘(A) The approximately 5.8-mile segment Wilderness boundary, as a wild river.
subsection as the ‘‘Secretary’’), in accord- of the Dungeness River from the headwaters ‘‘(B) The approximately 5.8-mile segment
ance with the Wilderness Act (16 U.S.C. 1131 to the 2870 Bridge, as a wild river. from the Mt. Skokomish Wilderness bound-
et seq.), except that any reference in that ‘‘(B) The approximately 2.1-mile segment ary to Lena Creek, as a scenic river.
Act to the effective date of that Act shall be of the Dungeness River from the 2870 Bridge ‘‘(C) The approximately 6.8-mile segment
considered to be a reference to the date of to Silver Creek, as a scenic river. from Lena Creek to the eastern edge of the
enactment of this Act. ‘‘(C) The approximately 2.7-mile segment NW1⁄4 sec. 21, T. 24 N., R. 3 W., to be adminis-
(B) MAP AND DESCRIPTION.— of the Dungeness River from Silver Creek to tered as a recreational river through a coop-
(i) IN GENERAL.—As soon as practicable Sleepy Hollow Creek, as a wild river. erative management agreement between the
after the date of enactment of this Act, the ‘‘(D) The approximately 6.3-mile segment State of Washington and the Secretary of
Secretary shall file a map and a legal de- of the Dungeness River from Sleepy Hollow Agriculture, as provided in section 10(e).
scription of the land designated as wilder- Creek to the Olympic National Forest bound- ‘‘(237) SOUTH FORK SKOKOMISH RIVER, WASH-
ness by paragraph (1) with— ary, as a scenic river. INGTON.—The segment of the South Fork
(I) the Committee on Natural Resources of ‘‘(E) The approximately 1.9-mile segment Skokomish River from the headwaters to the
the House of Representatives; and of the Dungeness River from the National Olympic National Forest boundary to be ad-
(II) the Committee on Energy and Natural Forest boundary to the State of Washington ministered by the Secretary of Agriculture,
Resources of the Senate. Department of Natural Resources land in T. in the following classes:
(ii) EFFECT.—Each map and legal descrip- 29 N., R. 4 W., sec. 12, to be administered as ‘‘(A) The approximately 6.7-mile segment
tion filed under clause (i) shall have the a recreational river through a cooperative from the headwaters to Church Creek, as a
same force and effect as if included in this management agreement between the State wild river.
subsection, except that the Secretary may of Washington and the Secretary of Agri- ‘‘(B) The approximately 8.3-mile segment
correct minor errors in the map and legal de- culture, as provided in section 10(e). from Church Creek to LeBar Creek, as a sce-
scription. ‘‘(F) The approximately 16.1-mile segment nic river.
(iii) PUBLIC AVAILABILITY.—Each map and of the Gray Wolf River from the headwaters ‘‘(C) The approximately 4.0-mile segment
legal description filed under clause (i) shall to the 2870 Bridge, as a wild river. from LeBar Creek to upper end of gorge in
be filed and made available for public inspec- ‘‘(G) The approximately 1.1-mile segment the NW1⁄4 sec. 22, T. 22 N., R. 5 W., as a rec-
tion in the appropriate office of the Forest of the Gray Wolf River from the 2870 Bridge reational river.
Service. to the confluence with the Dungeness River, ‘‘(D) The approximately 6.0-mile segment
(3) POTENTIAL WILDERNESS.— as a scenic river. from the upper end of the gorge to the Olym-
(A) IN GENERAL.—In furtherance of the pur- ‘‘(233) BIG QUILCENE RIVER, WASHINGTON.— pic National Forest boundary, as a scenic
poses of the Wilderness Act (16 U.S.C. 1131 et The segment of the Big Quilcene River from river.
seq.), certain Federal land managed by the the headwaters to the City of Port Townsend ‘‘(238) MIDDLE FORK SATSOP RIVER, WASH-
Forest Service, comprising approximately water intake facility, to be administered by INGTON.—The approximately 7.9-mile seg-
5,346 acres as identified as ‘‘Potential Wilder- the Secretary of Agriculture, in the fol- ment of the Middle Fork Satsop River from
ness’’ on the map, is designated as potential lowing classes: the headwaters to the Olympic National For-
wilderness. ‘‘(A) The approximately 4.4-mile segment est boundary, to be administered by the Sec-
(B) DESIGNATION AS WILDERNESS.—On the from the headwaters to the Buckhorn Wil- retary of Agriculture, as a scenic river.
date on which the Secretary publishes in the derness boundary, as a wild river. ‘‘(239) WEST FORK SATSOP RIVER, WASH-
Federal Register notice that any noncon- ‘‘(B) The approximately 5.3-mile segment INGTON.—The approximately 8.2-mile seg-
forming uses in the potential wilderness des- from the Buckhorn Wilderness boundary to ment of the West Fork Satsop River from
ignated by subparagraph (A) have termi- the City of Port Townsend water intake fa- the headwaters to the Olympic National For-
nated, the potential wilderness shall be— cility, as a scenic river. est boundary, to be administered by the Sec-
(i) designated as wilderness and as a com- ‘‘(C) Section 7(a), with respect to the li- retary of Agriculture, as a scenic river.
ponent of the National Wilderness Preserva- censing of dams, water conduits, reservoirs, ‘‘(240) WYNOOCHEE RIVER, WASHINGTON.—
tion System; and powerhouses, transmission lines, or other The segment of the Wynoochee River from
(ii) incorporated into the adjacent wilder- project works, shall apply to the approxi- the headwaters to the head of Wynoochee
ness area. mately 5-mile segment from the City of Port Reservoir to be administered by the Sec-
(4) ADJACENT MANAGEMENT.— Townsend water intake facility to the Olym- retary of Agriculture, except that portions of
(A) NO PROTECTIVE PERIMETERS OR BUFFER pic National Forest boundary. the river within the boundaries of Olympic
ZONES.—The designations in this section ‘‘(234) DOSEWALLIPS RIVER, WASHINGTON.— National Park shall be administered by the
shall not create a protective perimeter or The segment of the Dosewallips River from Secretary of the Interior, in the following
buffer zone around any wilderness area. the headwaters to the private land in T. 26 classes:
(B) NONCONFORMING USES PERMITTED OUT- N., R. 3 W., sec. 15, to be administered by the ‘‘(A) The approximately 2.5-mile segment
SIDE OF BOUNDARIES OF WILDERNESS AREAS.— Secretary of Agriculture, except that por- from the headwaters to the boundary of the
Any activity or use outside of the boundary tions of the river within the boundaries of Wonder Mountain Wilderness, as a wild river.
of any wilderness area designated under this Olympic National Park shall be adminis- ‘‘(B) The approximately 7.4-mile segment
subsection shall be permitted even if the ac- tered by the Secretary of the Interior, in the from the boundary of the Wonder Mountain
tivity or use would be seen or heard within following classes: Wilderness to the head of Wynoochee Res-
the boundary of the wilderness area. ‘‘(A) The approximately 12.9-mile segment ervoir, as a recreational river.
(5) FIRE, INSECTS, AND DISEASES.—The Sec- from the headwaters to Station Creek, as a ‘‘(241) EAST FORK HUMPTULIPS RIVER, WASH-
SSpencer on DSK126QN23PROD with SENATE
retary may take such measures as are nec- wild river. INGTON.—The segment of the East Fork
essary to control fire, insects, and diseases, ‘‘(B) The approximately 6.8-mile segment Humptulips River from the headwaters to
in the wilderness areas designated by this from Station Creek to the private land in T. the Olympic National Forest boundary to be
subsection, in accordance with section 4(d)(1) 26 N., R. 3 W., sec. 15, as a scenic river. administered by the Secretary of Agri-
of the Wilderness Act (16 U.S.C. 1133(d)(1)) ‘‘(235) DUCKABUSH RIVER, WASHINGTON.—The culture, in the following classes:
and subject to such terms and conditions as segment of the Duckabush River from the ‘‘(A) The approximately 7.4-mile segment
the Secretary determines to be appropriate. headwaters to the private land in T. 25 N., R. from the headwaters to the Moonlight Dome
(b) WILD AND SCENIC RIVER DESIGNATIONS.— 3 W., sec. 1, to be administered by the Sec- Wilderness boundary, as a wild river.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5269
‘‘(B) The approximately 10.3-mile segment ‘‘(247) SOUTH FORK CALAWAH RIVER, WASH- (C) COMPREHENSIVE MANAGEMENT PLAN RE-
from the Moonlight Dome Wilderness bound- INGTON.—The segment of the South Fork QUIREMENTS.—Updated management plans
ary to the Olympic National Forest bound- Calawah River and the major tributary under subparagraph (A) or (B) satisfy the re-
ary, as a scenic river. Sitkum River from the headwaters to Hyas quirements under section 3(d) of the Wild
‘‘(242) WEST FORK HUMPTULIPS RIVER, WASH- Creek to be administered by the Secretary of and Scenic Rivers Act (16 U.S.C. 1274(d)).
INGTON.—The approximately 21.4-mile seg- Agriculture, except those portions of the (c) EXISTING RIGHTS AND WITHDRAWAL.—
ment of the West Fork Humptulips River river within the boundaries of Olympic Na- (1) IN GENERAL.—In accordance with sec-
from the headwaters to the Olympic Na- tional Park shall be administered by the tion 12(b) of the Wild and Scenic Rivers Act
tional Forest Boundary, to be administered Secretary of the Interior, including the fol- (16 U.S.C. 1283(b)), nothing in this Act or the
by the Secretary of Agriculture, as a scenic lowing segments in the following classes: amendment made by subsection (b)(1) affects
river. ‘‘(A) The approximately 15.7-mile segment or abrogates existing rights, privileges, or
‘‘(243) QUINAULT RIVER, WASHINGTON.—The of the South Fork Calawah River from the contracts held by private parties, nor does
segment of the Quinault River from the headwaters to the Sitkum River, as a wild this section in any way modify or direct the
headwaters to private land in T. 24 N., R. 8 river. management, acquisition, or disposition of
W., sec. 33, to be administered by the Sec- ‘‘(B) The approximately 0.9-mile segment land managed by the Washington Depart-
retary of the Interior, in the following class- of the South Fork Calawah River from the ment of Natural Resources on behalf of the
es: Sitkum River to Hyas Creek, as a scenic State of Washington.
‘‘(A) The approximately 16.5-mile segment river. (2) WITHDRAWAL.—Subject to valid existing
from the headwaters to Graves Creek, as a ‘‘(C) The approximately 1.6-mile segment rights, the Federal land within the bound-
wild river. of the Sitkum River from the headwaters to aries of the river segments designated by
‘‘(B) The approximately 6.7-mile segment the Rugged Ridge Wilderness boundary, as a this section and the amendment made by
from Graves Creek to Cannings Creek, as a wild river. subsection (b)(1) is withdrawn from all forms
scenic river. ‘‘(D) The approximately 11.9-mile segment of—
‘‘(C) The approximately 1.0-mile segment of the Sitkum River from the Rugged Ridge (A) entry, appropriation, or disposal under
from Cannings Creek to private land in T. 24 Wilderness boundary to the confluence with the public land laws;
N., R. 8 W., sec. 33, as a recreational river. the South Fork Calawah, as a scenic river. (B) location, entry, and patent under the
‘‘(244) QUEETS RIVER, WASHINGTON.—The ‘‘(248) SOL DUC RIVER, WASHINGTON.—The mining laws; and
segment of the Queets River from the head- segment of the Sol Duc River from the head- (C) disposition under all laws relating to
waters to the Olympic National Park bound- waters to the Olympic National Park bound- mineral and geothermal leasing or mineral
ary to be administered by the Secretary of ary to be administered by the Secretary of materials.
the Interior, except that portions of the river the Interior, including the following seg- (d) TREATY RIGHTS.—Nothing in this sec-
outside the boundaries of Olympic National ments of the mainstem and certain tribu- tion alters, modifies, diminishes, or extin-
Park shall be administered by the Secretary taries in the following classes: guishes the reserved treaty rights of any In-
of Agriculture, including the following seg- ‘‘(A) The approximately 7.0-mile segment dian Tribe with hunting, fishing, gathering,
ments of the mainstem and certain tribu- of the Sol Duc River from the headwaters to and cultural or religious rights as protected
taries in the following classes: the end of Sol Duc Hot Springs Road, as a by a treaty.
‘‘(A) The approximately 28.6-mile segment wild river. ---
of the Queets River from the headwaters to ‘‘(B) The approximately 10.8-mile segment SA 5795. Mrs. MURRAY submitted an
the confluence with Sams River, as a wild of the Sol Duc River from the end of Sol Duc amendment intended to be proposed to
river. Hot Springs Road to the Olympic National amendment SA 5499 submitted by Mr.
‘‘(B) The approximately 16.0-mile segment Park boundary, as a scenic river.
of the Queets River from the confluence with ‘‘(C) The approximately 14.2-mile segment REED (for himself and Mr. INHOFE) and
Sams River to the Olympic National Park of the North Fork Sol Duc River from the intended to be proposed to the bill H.R.
boundary, as a scenic river. headwaters to the Olympic Hot Springs Road 7900, to authorize appropriations for
‘‘(C) The approximately 15.7-mile segment bridge, as a wild river. fiscal year 2023 for military activities
of the Sams River from the headwaters to ‘‘(D) The approximately 0.2-mile segment of the Department of Defense, for mili-
the confluence with the Queets River, as a of the North Fork Sol Duc River from the tary construction, and for defense ac-
scenic river. Olympic Hot Springs Road bridge to the con- tivities of the Department of Energy,
‘‘(D) The approximately 17.7-mile segment fluence with the Sol Duc River, as a scenic
of Matheny Creek from the headwaters to river.
to prescribe military personnel
the confluence with the Queets River, to be ‘‘(E) The approximately 8.0-mile segment strengths for such fiscal year, and for
administered as a scenic river through a co- of the South Fork Sol Duc River from the other purposes; which was ordered to
operative management agreement between headwaters to the confluence with the Sol lie on the table; as follows:
the State of Washington and the Secretary Duc River, as a scenic river. At the end of title XII, add the following:
of Agriculture, as provided in section 10(e). ‘‘(249) LYRE RIVER, WASHINGTON.—The ap- Subtitle G—Arms Export Control Act
‘‘(245) HOH RIVER, WASHINGTON.—The seg- proximately 0.2-mile segment of the Lyre Amendments
ment of the Hoh River and the major tribu- River from Lake Crescent to the Olympic
SEC. 1281. REQUIRED ASSESSMENT OF RISK OF
tary South Fork Hoh from the headwaters to National Park boundary, to be administered EXPORTED WEAPONS BEING USED
Olympic National Park boundary, to be ad- by the Secretary of the Interior as a scenic TO VIOLATE PRINCIPLES OF HUMAN
ministered by the Secretary of the Interior, river.’’. RIGHTS OR THE LAW OF ARMED
in the following classes: (2) EFFECT.—The amendment made by CONFLICT.
‘‘(A) The approximately 20.7-mile segment paragraph (1) does not affect valid existing (a) LETTERS OF OFFER.—Section 36(b)(1) of
of the Hoh River from the headwaters to water rights. the Arms Export Control Act (22 U.S.C.
Jackson Creek, as a wild river. (3) UPDATES TO LAND AND RESOURCE MAN- 2776(b)(1)) is amended—
‘‘(B) The approximately 6.0-mile segment AGEMENT PLANS.— (1) in subparagraph (O), by striking ‘‘; and’’
of the Hoh River from Jackson Creek to the (A) IN GENERAL.—Except as provided in and inserting a semicolon;
Olympic National Park boundary, as a scenic subparagraph (B), not later than 3 years (2) in subparagraph (P), by striking the pe-
river. after the date of enactment of this Act, the riod at the end and inserting ‘‘; and’’; and
‘‘(C) The approximately 13.8-mile segment Secretary of Agriculture shall, with respect (3) by inserting after subparagraph (P) the
of the South Fork Hoh River from the head- to the designations made under subsection following new subparagraph:
waters to the Olympic National Park bound- (a) on lands under the jurisdiction of the ‘‘(Q) an assessment of the risk of the de-
ary, as a wild river. Secretary, incorporate such designations fense articles, defense services, or design and
‘‘(D) The approximately 4.6-mile segment into updated management plans for units of construction services to be offered being
of the South Fork Hoh River from the Olym- the National Forest System in accordance used to violate principles of human rights or
pic National Park boundary to the Wash- with applicable laws (including regulations). the law of armed conflict, prepared by the
ington State Department of Natural Re- (B) EXCEPTION.—The date specified in sub- Secretary of State through the Assistant
sources boundary in T. 27 N., R. 10 W., sec. 29, paragraph (A) shall be 5 years after the date Secretary for the Bureau of Democracy,
to be administered as a recreational river of enactment of this Act if the Secretary of Human Rights, and Labor, in consultation
through a cooperative management agree- Agriculture— with the Secretary of Defense and the Direc-
ment between the State of Washington and (i) is unable to meet the requirement under tor of Central Intelligence.’’.
SSpencer on DSK126QN23PROD with SENATE
the Secretary of Agriculture, as provided in that paragraph by the date specified in such (b) EXPORT LICENSE APPLICATIONS.—Sec-
section 10(e). subparagraph; and tion 36(c)(1) of the Arms Export Control Act
‘‘(246) BOGACHIEL RIVER, WASHINGTON.—The (ii) not later than 3 years after the date of (22 U.S.C. 2776(c)(1)) is amended—
approximately 25.6-mile segment of the enactment of this Act, includes in the De- (1) by striking ‘‘and (C)’’ and inserting
Bogachiel River from the source to the partment of Agriculture annual budget sub- ‘‘(C)’’; and
Olympic National Park boundary, to be ad- mission to Congress a request for additional (2) by inserting after ‘‘items to be ex-
ministered by the Secretary of the Interior, sums as may be necessary to meet the re- ported’’ the following: ‘‘, and (D) an assess-
as a wild river. quirement of that subparagraph. ment of the risk of the items being used to
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S5270 CONGRESSIONAL RECORD — SENATE September 28, 2022
violate principles of human rights or the law (b) CONSIDERATION OF HUMAN RIGHTS VIO- SA 5796. Mrs. MURRAY submitted an
of armed conflict, prepared by the Secretary LATIONS.—Subsection (b)(1) of section 40B of amendment intended to be proposed to
of State through the Assistant Secretary for the Arms Export Control Act, as redesig- amendment SA 5499 submitted by Mr.
the Bureau of Democracy, Human Rights, nated by subsection (a) of this section, is
and Labor, in consultation with the Sec- amended by inserting ‘‘(including use to REED (for himself and Mr. INHOFE) and
retary of Defense and the Director of Central commit serious violations of the laws of intended to be proposed to the bill H.R.
Intelligence’’. armed conflict and international human 7900, to authorize appropriations for
rights law)’’ after ‘‘to diversion or other mis- fiscal year 2023 for military activities
SEC. 1282. INCLUSION IN BLUE LANTERN PRO-
use’’. of the Department of Defense, for mili-
GRAM OF CONSIDERATION OF USE
OF DEFENSE ARTICLES AND SERV- SEC. 1283. CONSIDERATION OF RISK OF COMMIS- tary construction, and for defense ac-
ICES TO COMMIT SERIOUS VIOLA- SION OF VIOLATIONS OF HUMAN
RIGHTS OR THE LAW OF ARMED
tivities of the Department of Energy,
TIONS OF THE LAWS OF ARMED CON-
FLICT AND INTERNATIONAL HUMAN CONFLICT IN ISSUING EXPORT LI- to prescribe military personnel
RIGHTS LAW. CENSES. strengths for such fiscal year, and for
Section 38(a)(2) of the Arms Export Control other purposes; which was ordered to
(a) TECHNICAL CORRECTION.—Chapter 3A of Act (22 U.S.C. 2778(a)(2)) is amended by in- lie on the table; as follows:
the Arms Export Control Act (22 U.S.C. 2785) serting after ‘‘conflict,’’ the following: ‘‘be
is amended by redesignating the second sec- used to commit violations of human rights At the appropriate place in the table in
tion designated section 40A as section 40B. or the law of armed conflict,’’. section 2401(a), insert the following:
Washington ..................................................... Naval Undersea Warfare Center Keyport ........................................................................................ $24,640,000
At the appropriate place in the table in
section 4601, under the heading ‘‘Defense-
Wide’’, insert the following:
Defense-Wide Washington, Naval Undersea Warfare Cold Water Training Austere Environment Facility ............................................. 0 24,640
Center Keyport
SA 5797. Mrs. MURRAY submitted an SEC. 632. PLAN FOR IMPROVING ACCESS TO SEC. 1083. PROVISION OF FERTILITY TREATMENT
THRIFT SAVINGS PLAN. AND COUNSELING TO CERTAIN MEM-
amendment intended to be proposed to BERS OF THE ARMED FORCES AND
amendment SA 5499 submitted by Mr. Not later than 18 months after the date of SPOUSES, PARTNERS, AND GESTA-
REED (for himself and Mr. INHOFE) and the enactment of this Act, the Federal Re- TIONAL SURROGATES OF SUCH
intended to be proposed to the bill H.R. tirement Thrift Investment Board shall sub- MEMBERS.
mit to Congress a plan for improving the ac- (a) FERTILITY TREATMENT AND COUN-
7900, to authorize appropriations for
cess of members of the Armed Forces to in- SELING.—
fiscal year 2023 for military activities formation about the Thrift Savings Plan (1) IN GENERAL.—The Secretary of Defense
of the Department of Defense, for mili- that— shall furnish fertility treatment and coun-
tary construction, and for defense ac- (1) takes into account the time likely to seling, including through the use of assisted
tivities of the Department of Energy, pass between the mailing of account infor- reproductive technology, to a covered mem-
to prescribe military personnel mation to a member of the Armed Forces ber of the Armed Forces or a spouse, partner,
strengths for such fiscal year, and for and the time the member is likely to receive or gestational surrogate of such a member.
other purposes; which was ordered to the information; and (2) ELIGIBILITY FOR TREATMENT AND COUN-
(2) makes recommendations for statutory SELING.—Fertility treatment and counseling
lie on the table; as follows:
changes necessary to improve such access. shall be furnished under paragraph (1) with-
At the end of subtitle F of title III, add the out regard to the sex, gender identity, sexual
following: orientation, or marital status of the covered
SEC. 389. AUTHORIZATION OF AMOUNTS FOR SA 5799. Mrs. MURRAY submitted an member of the Armed Forces.
SERVICEWOMEN’S COMMEMORA- amendment intended to be proposed to (3) IN VITRO FERTILIZATION.—In the case of
TIVE PARTNERSHIPS. amendment SA 5499 submitted by Mr. in vitro fertilization treatment furnished
Section 362(b) of the William M. (Mac) REED (for himself and Mr. INHOFE) and under paragraph (1), the Secretary may fur-
Thornberry National Defense Authorization intended to be proposed to the bill H.R. nish not more than three completed cycles
Act for Fiscal Year 2021 (Public Law 116–283; or six attempted cycles of in vitro fertiliza-
7900, to authorize appropriations for tion, whichever occurs first, to an individual
10 U.S.C. 7771 note prec.) is amended— fiscal year 2023 for military activities
(1) by striking ‘‘Of the amounts’’ and in- under such paragraph.
of the Department of Defense, for mili- (b) PROCUREMENT OF GAMETES.—If a cov-
serting the following:
‘‘(1) FISCAL YEAR 2021.—Of the amounts’’; tary construction, and for defense ac- ered member of the Armed Forces is unable
and tivities of the Department of Energy, to provide their gametes for purposes of fer-
(2) by adding at the end the following new to prescribe military personnel tility treatment under subsection (a), the
paragraph: strengths for such fiscal year, and for Secretary shall, at the election of such mem-
‘‘(2) FISCAL YEAR 2023.—Of the amounts ber, allow such member to receive such
other purposes; which was ordered to treatment with donated gametes and pay or
available to the Department of Defense for lie on the table; as follows:
fiscal year 2023, $1,000,000 shall be available reimburse such member the reasonable costs
for Servicewomen’s Commemorative Part- At the end of title X, add the following: of procuring gametes from a donor.
nerships under section (a).’’. (c) RULE OF CONSTRUCTION.—Nothing in
Subtitle H—Reproductive and Fertility this section shall be construed to require the
Preservation Assistance Secretary—
SA 5798. Mrs. MURRAY submitted an (1) to find or certify a gestational surro-
SEC. 1081. SHORT TITLE.
amendment intended to be proposed to gate for a covered member of the Armed
amendment SA 5499 submitted by Mr. This subtitle may be cited as the ‘‘Veteran Forces or to connect a gestational surrogate
REED (for himself and Mr. INHOFE) and Families Health Services Act of 2022’’. with such a member; or
intended to be proposed to the bill H.R. (2) to find or certify gametes from a donor
CHAPTER 1—REPRODUCTIVE AND FER- for a covered member of the Armed Forces or
7900, to authorize appropriations for TILITY PRESERVATION ASSISTANCE to connect such a member with gametes
fiscal year 2023 for military activities FOR MEMBERS OF THE ARMED FORCES from a donor.
of the Department of Defense, for mili- (d) DEFINITIONS.—In this section:
SEC. 1082. DEFINITIONS.
tary construction, and for defense ac- (1) ASSISTED REPRODUCTIVE TECHNOLOGY.—
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tivities of the Department of Energy, In this chapter: The term ‘‘assisted reproductive technology’’
to prescribe military personnel (1) ACTIVE DUTY.—The term ‘‘active duty’’ includes in vitro fertilization and other fer-
strengths for such fiscal year, and for has the meaning given that term in section tility treatments in which both eggs and
other purposes; which was ordered to 101(d)(1) of title 10, United States Code. sperm are handled when clinically appro-
(2) ARMED FORCES.—The term ‘‘Armed priate.
lie on the table; as follows: Forces’’ has the meaning given the term (2) COVERED MEMBER OF THE ARMED
At the end of subtitle D of title VI, add the ‘‘armed forces’’ in section 101(a)(4) of such FORCES.—The term ‘‘covered member of the
following: title. Armed Forces’’ means a member of the
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5271
Armed Forces who has an infertility condi- SEC. 1085. CRYOPRESERVATION AND STORAGE SEC. 1087. COORDINATION BETWEEN DEPART-
tion, unless the Secretary can show that the OF GAMETES OF MEMBERS OF THE MENT OF DEFENSE AND DEPART-
ARMED FORCES ON ACTIVE DUTY. MENT OF VETERANS AFFAIRS ON
member was completely infertile before serv-
FURNISHING OF FERTILITY TREAT-
ice on active duty in the Armed Forces. (a) IN GENERAL.—The Secretary of Defense MENT AND COUNSELING.
(3) FERTILITY TREATMENT.—The term ‘‘fer- shall provide members of the Armed Forces (a) IN GENERAL.—The Secretary of Defense
tility treatment’’ includes the following: on active duty in the Armed Forces with the and the Secretary of Veterans Affairs shall
(A) Procedures that use assisted reproduc- opportunity to cryopreserve and store their share best practices and facilitate referrals,
tive technology. gametes prior to— as they consider appropriate, on the fur-
(B) Sperm retrieval. (1) deployment to a combat zone; or nishing of fertility treatment and counseling
(C) Egg retrieval. (2) a duty assignment that includes a haz- to individuals eligible for the receipt of such
(D) Artificial insemination. ardous assignment, as determined by the counseling and treatment from the Secre-
(E) Embryo transfer. Secretary. taries.
(F) Such other treatments as the Secretary
(b) PERIOD OF TIME.— (b) MEMORANDUM OF UNDERSTANDING.—The
of Defense considers appropriate.
(1) IN GENERAL.—The Secretary shall pro- Secretary of Defense and the Secretary of
(4) INFERTILITY CONDITION.—The term ‘‘in-
vide for the cryopreservation and storage of Veterans Affairs shall enter into a memo-
fertility condition’’ includes—
gametes of any member of the Armed Forces randum of understanding—
(A) a diagnosis of infertility; or
under subsection (a) in a facility of the De- (1) providing that the Secretary of Defense
(B) the inability to conceive or safely carry
partment of Defense or of a private entity will ensure access by the Secretary of Vet-
a pregnancy to term, including as a result of
and the transportation of such gametes, at erans Affairs to gametes of veterans stored
treatment for another condition.
no cost to the member, until the date that is by the Department of Defense for purposes of
(5) PARTNER.—The term ‘‘partner’’, with
one year after the retirement, separation, or furnishing fertility treatment under section
respect to a member of the Armed Forces,
release of the member from the Armed 1720K of title 38, United States Code, as
means an individual selected by the member
Forces. added by section 1089(a); and
who agrees to share with the member the pa-
(2) CONTINUED CRYOPRESERVATION AND (2) authorizing the Department of Veterans
rental responsibilities with respect to any
STORAGE.—At the end of the one-year period Affairs to compensate the Department of De-
child born as a result of the use of any fer-
specified in paragraph (1), the Secretary fense for the cryopreservation, transpor-
tility treatment under this section.
shall permit an individual whose gametes tation, and storage of gametes of veterans
SEC. 1084. ESTABLISHMENT OF FERTILITY PRES-
ERVATION PROCEDURES AFTER AN were cryopreserved and stored in a facility of under section 1085.
INJURY OR ILLNESS. the Department as described in that para- CHAPTER 2—REPRODUCTIVE AND
(a) IN GENERAL.—The Secretary of Defense, graph to select, including pursuant to an ad- ADOPTION ASSISTANCE FOR VETERANS
acting through the Assistant Secretary of vance medical directive or military testa-
SEC. 1088. INCLUSION OF FERTILITY TREATMENT
Defense for Health Affairs, shall establish mentary instrument completed under sub- AND COUNSELING UNDER THE DEFI-
procedures for the retrieval of gametes, as section (c), one of the following options: NITION OF MEDICAL SERVICES IN
soon as medically appropriate, from a mem- (A) To continue such cryopreservation and TITLE 38.
ber of the Armed Forces in cases in which storage in such facility with the cost of such Section 1701(6) of title 38, United States
the fertility of such member is potentially cryopreservation and storage borne by the Code, is amended by adding at the end the
jeopardized as a result of an injury or illness individual. following new subparagraph:
incurred or aggravated while serving on ac- (B) To transfer the gametes to a private ‘‘(I) Fertility treatment and counseling, in-
tive duty in the Armed Forces in order to cryopreservation and storage facility se- cluding treatment using assisted reproduc-
preserve the medical options of such mem- lected by the individual. tive technology.’’.
ber. (C) To transfer the gametes to a facility of SEC. 1089. FERTILITY TREATMENT AND COUN-
(b) CONSENT FOR RETRIEVAL OF GAMETES.— the Department of Veterans Affairs if SELING FOR CERTAIN VETERANS
Gametes may be retrieved from a member of cryopreservation and storage is available to AND SPOUSES, PARTNERS, AND GES-
the Armed Forces under subsection (a) the individual at such facility. TATIONAL SURROGATES OF SUCH
only— (3) DISPOSAL OF GAMETES.—If an individual VETERANS.
(1) with the specific consent of the mem- described in paragraph (2) does not make a (a) IN GENERAL.—Subchapter II of chapter
ber; or selection under subparagraph (A), (B), or (C) 17 of title 38, United States Code, is amended
(2) if the member is unable to consent, if a of such paragraph, the Secretary may dis- by adding at the end the following new sec-
medical professional determines that— pose of the gametes of the individual not ear- tion:
(A) the future fertility of the member is lier than the date that is 90 days after the ‘‘§ 1720K. Fertility treatment and counseling
potentially jeopardized as a result of an in- end of the one-year period specified in para- for certain veterans and spouses, partners,
jury or illness described in subsection (a) or graph (1) with respect to the individual. and gestational surrogates of such veterans
will be potentially jeopardized as a result of
(c) ADVANCE MEDICAL DIRECTIVE AND MILI- ‘‘(a) IN GENERAL.—(1) The Secretary shall
treating such injury or illness;
TARY TESTAMENTARY INSTRUMENT.—A mem- furnish fertility treatment and counseling,
(B) the member lacks the capacity to con-
ber of the Armed Forces who elects to including through the use of assisted repro-
sent to the retrieval of gametes and is likely
cryopreserve and store their gametes under ductive technology, to a covered veteran or a
to regain such capacity; and
this section must complete an advance med- spouse, partner, or gestational surrogate of a
(C) the retrieval of gametes under this sec-
ical directive, as defined in section 1044c(b) covered veteran if the veteran, and the
tion is in the medical interest of the mem-
of title 10, United States Code, and a mili- spouse, partner, or gestational surrogate of
ber.
(c) CONSENT FOR USE OF RETRIEVED tary testamentary instrument, as defined in the veteran, as applicable, apply jointly for
GAMETES.—Gametes retrieved from a mem- section 1044d(b) of such title, that explicitly such treatment and counseling through a
ber of the Armed Forces under subsection (a) specifies the use of their cryopreserved and process prescribed by the Secretary.
may be used only— stored gametes if such member dies or other- ‘‘(2) Fertility treatment and counseling
(1) with the specific consent of the mem- wise loses the capacity to consent to the use shall be furnished under paragraph (1) with-
ber; or of their cryopreserved and stored gametes. out regard to the sex, gender identity, sexual
(2) if the member has lost the ability to (d) AGREEMENTS.—To carry out this sec- orientation, or marital status of the covered
consent permanently, as determined by a tion, the Secretary may enter into agree- veteran.
medical professional, as specified in an ad- ments with private entities that provide ‘‘(3) In the case of in vitro fertilization
vance directive or testamentary instrument cryopreservation, transportation, and stor- treatment furnished under paragraph (1), the
executed by the member. age services for gametes. Secretary may furnish not more than three
(d) DISPOSAL OF GAMETES.—In accordance completed cycles or six attempted cycles of
with regulations prescribed by the Secretary SEC. 1086. ASSISTANCE WITH AND CONTINUITY in vitro fertilization, whichever occurs first,
for purpose of this subsection, the Secretary OF CARE REGARDING REPRODUC- to an individual under such paragraph.
TIVE AND FERTILITY PRESERVA-
shall dispose of gametes retrieved from a ‘‘(b) PROCUREMENT OF GAMETES.—If a cov-
TION SERVICES.
member of the Armed Forces under sub- ered veteran is unable to provide their
section (a)— The Secretary of Defense shall ensure that gametes for purposes of fertility treatment
(1) with the specific consent of the mem- employees of the Department of Defense as- under subsection (a), the Secretary shall, at
ber; or sist members of the Armed Forces— the election of such member, allow such vet-
SSpencer on DSK126QN23PROD with SENATE
(2) if the member— (1) in navigating the services provided eran to receive such treatment with donated
(A) has lost the ability to consent perma- under this chapter; gametes and pay or reimburse such veteran
nently, as determined by a medical profes- (2) in finding a provider that meets the the reasonable costs of procuring gametes
sional; and needs of such members with respect to such from a donor.
(B) has not specified the use of their services; and ‘‘(c) COORDINATION OF CARE FOR OTHER IN-
gametes in an advance directive or testa- (3) in continuing the receipt of such serv- DIVIDUALS.—In the case of a veteran or a
mentary instrument executed by the mem- ices without interruption during a perma- spouse, partner, or gestational surrogate of a
ber. nent change of station for such members. veteran not described in subsection (a) who
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S5272 CONGRESSIONAL RECORD — SENATE September 28, 2022
is seeking fertility treatment and coun- ‘‘(b) LIMITATION AMOUNT.—For purposes of SEC. 1093.ANNUAL REPORT ON FERTILITY
seling, the Secretary may coordinate fer- this section, the limitation amount is the TREATMENT AND COUNSELING FUR-
NISHED BY DEPARTMENT OF VET-
tility treatment and counseling for such vet- amount equal to the cost the Department
ERANS AFFAIRS.
eran, spouse, partner, or gestational surro- would incur by paying the expenses of three
(a) IN GENERAL.—Not later than one year
gate. adoptions by covered veterans, as deter-
‘‘(d) OUTREACH AND TRAINING.—The Sec- after the date of the enactment of this Act,
mined by the Secretary.
retary shall carry out an outreach and train- and not less frequently than annually there-
‘‘(c) COVERED VETERAN DEFINED.—In this
after, the Secretary of Veterans Affairs shall
ing program to ensure veterans and health section, the term ‘covered veteran’ has the
submit to the Committee on Veterans’ Af-
care providers of the Department are aware meaning given that term in section 1720K(f)
fairs of the Senate and the Committee on
of— of this title.’’. Veterans’ Affairs of the House of Representa-
‘‘(1) the availability of and eligibility re- (b) CLERICAL AMENDMENT.—The table of tives a report on the fertility treatment and
quirements for fertility treatment and coun- sections at the beginning of subchapter VIII counseling furnished by the Department of
seling under this section; and of chapter 17 of such title is amended by in- Veterans Affairs, including through non-De-
‘‘(2) any changes to fertility treatment and serting after the item relating to section 1789 partment providers, during the year pre-
counseling covered under this section. the following new item:
‘‘(e) RULE OF CONSTRUCTION.—Nothing in ceding the submittal of the report.
‘‘1790. Adoption assistance.’’. (b) ELEMENTS.—Each report submitted
this section shall be construed to require the
SEC. 1091. ASSISTANCE WITH AND CONTINUITY under subsection (a) shall include, for the pe-
Secretary—
OF CARE REGARDING REPRODUC- riod covered by the report, the following:
‘‘(1) to find or certify a gestational surro- TIVE AND FERTILITY PRESERVA- (1) The number of veterans who were diag-
gate for a covered veteran or to connect a TION SERVICES. nosed with clinical infertility, disaggregated
gestational surrogate with a covered vet- The Secretary of Veterans Affairs shall en- by age, race, ethnicity, sex, gender identity,
eran; or sure that employees of the Department of sexual orientation, marital status, type of
‘‘(2) to furnish maternity care to a covered Veterans Affairs assist veterans— disability (if applicable), geographic loca-
veteran or spouse, partner, or gestational (1) in navigating the services provided tion, era of military service, and, to the ex-
surrogate of a covered veteran in addition to under this title and the amendments made tent possible to determine, the cause of in-
what is otherwise required by law. by this title;
‘‘(f) DEFINITIONS.—In this section: fertility of such veterans.
(2) in finding a provider that meets the (2) The number of veterans who received
‘‘(1) The term ‘assisted reproductive tech-
needs of such veterans with respect to such fertility treatment or counseling furnished
nology’ includes in vitro fertilization and
services; and by the Department of Veterans Affairs, in-
other fertility treatments in which both eggs
(3) in continuing the receipt of such serv- cluding through non-Department providers,
and sperm are handled when clinically ap-
ices without interruption if such veterans disaggregated by age, race, ethnicity, sex,
propriate.
move to a different geographic location. gender identity, sexual orientation, marital
‘‘(2) The term ‘covered veteran’ means a
veteran who— SEC. 1092. FACILITATION OF REPRODUCTION status, type of disability (if applicable), geo-
AND INFERTILITY RESEARCH. graphic location, era of military service,
‘‘(A) has an infertility condition, unless
the Secretary can show that the veteran was (a) IN GENERAL.—Subchapter II of chapter and, to the extent possible to determine, the
completely infertile before service in the ac- 73 of title 38, United States Code, is amended cause of infertility of such veterans.
tive military, naval, or air service; and by adding at the end the following new sec- (3) The number of veterans who self-re-
‘‘(B) is enrolled in the system of annual pa- tion: ported difficulty becoming pregnant or suc-
tient enrollment established under section ‘‘§ 7330D. Facilitation of reproduction and in- cessfully carrying a pregnancy to term to a
1705(a) of this title. fertility research health care provider of the Department or a
‘‘(3) The term ‘fertility treatment’ includes non-Department provider, disaggregated by
‘‘(a) FACILITATION OF RESEARCH RE- age, race, ethnicity, sex, gender identity,
the following: QUIRED.—The Secretary shall facilitate re-
‘‘(A) Procedures that use assisted repro- sexual orientation, marital status, type of
search conducted collaboratively by the Sec- disability (if applicable), and geographic lo-
ductive technology. retary of Defense and the Secretary of
‘‘(B) Sperm retrieval. cation of such veterans.
Health and Human Services to improve the (4) The number of veterans who were ex-
‘‘(C) Egg retrieval. ability of the Department of Veterans Af-
‘‘(D) Artificial insemination. posed to hazardous chemical or biological
fairs to meet the long-term reproductive agents during service in the Armed Forces
‘‘(E) Embryo transfer. health care needs of veterans who have a
‘‘(F) Such other treatments as the Sec- who—
genitourinary service-connected disability or (A) received a clinical diagnosis of infer-
retary considers appropriate. a condition that was incurred or aggravated
‘‘(4) The term ‘infertility condition’ in- tility; or
in line of duty in the active military, naval, (B) self-reported difficulty becoming preg-
cludes— or air service, such as a spinal cord injury,
‘‘(A) a diagnosis of infertility; or nant or successfully carrying a pregnancy to
military sexual trauma, or a mental health term.
‘‘(B) the inability to conceive or safely condition, that affects the ability of the vet-
carry a pregnancy to term, including as a re- (5) The number of spouses, partners, and
eran to reproduce. gestational surrogates of veterans who re-
sult of treatment for another condition. ‘‘(b) DISSEMINATION OF INFORMATION.—The
‘‘(5) The term ‘partner’, with respect to a ceived fertility treatment or counseling fur-
Secretary shall ensure that information pro- nished by the Department, including through
veteran, means an individual selected by the duced by the research facilitated under this
veteran who agrees to share with the veteran non-Department providers.
section that may be useful for other activi- (6) The cost to the Department of fur-
the parental responsibilities with respect to ties of the Veterans Health Administration
any child born as a result of the use of any nishing fertility treatment and counseling,
is disseminated throughout the Veterans including through non-Department pro-
fertility treatment under this section.’’. Health Administration.’’.
(b) CLERICAL AMENDMENT.—The table of viders, disaggregated by cost of services and
(b) CLERICAL AMENDMENT.—The table of administration.
sections at the beginning of subchapter II of sections at the beginning of subchapter II of
chapter 17 of such title is amended by insert- (7) The average cost to the Department per
chapter 73 of such title is amended by insert- recipient of fertility treatment and coun-
ing after the item relating to section 1720J ing after the item relating to section 7330C
the following new item: seling.
the following new item: (8) In cases in which the Department fur-
‘‘1720K. Fertility treatment and counseling ‘‘7330D. Facilitation of reproduction and in- nished fertility treatment through the use of
for certain veterans and fertility research.’’. assisted reproductive technology, including
spouses, partners, and gesta- (c) REPORT.— through non-Department providers, the aver-
tional surrogates of such vet- (1) IN GENERAL.—Not later than three years age number of cycles per person furnished,
erans.’’. after the date of the enactment of this Act, disaggregated by type of treatment.
SEC. 1090. ADOPTION ASSISTANCE FOR CERTAIN the Secretary of Veterans Affairs shall sub- (9) A description of how fertility treatment
VETERANS.
mit to Congress a report on the research ac- and counseling services of the Department,
(a) IN GENERAL.—Subchapter VIII of chap- tivities conducted by the Secretary under including those services provided through
ter 17 of title 38, United States Code, is section 7330D of title 38, United States Code, non-Department providers, are coordinated
amended by adding at the end the following as added by subsection (a). with similar services of the Department of
new section: (2) ELEMENTS.—The report submitted under Defense, including the average wait time for
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‘‘§ 1790. Adoption assistance paragraph (1) shall include demographic data veterans to transfer from the health system
‘‘(a) IN GENERAL.—The Secretary may pay on veterans included in the research con- of the Department of Defense to the Vet-
an amount, not to exceed the limitation ducted under section 7330D of title 38, United erans Health Administration.
amount, to assist a covered veteran in the States Code, as added by subsection (a), (c) DEFINITIONS.—In this section, the terms
adoption of one or more children, without re- disaggregated by age, race, ethnicity, sex, ‘‘assisted reproductive technology’’ and
gard to the sex, gender identity, sexual ori- gender identity, sexual orientation, marital ‘‘partner’’ have the meanings given those
entation, or marital status of the covered status, type of disability (if applicable), and terms in section 1720K(f) of title 38, United
veteran. geographic location of such veterans. States Code, as added by section 1089(a).
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5273
SEC. 1094. REPORT ON TIMELINESS AND ADE- ‘‘(1) ESTABLISHMENT.—There is established ommendation and, if not, a description of
QUACY OF ACCESS BY VETERANS TO an Advisory Council on Financial Readiness why the Secretary has not implemented the
FERTILITY TREATMENT AND COUN- (in this section referred to as the ‘Council’). recommendation.
SELING SERVICES FURNISHED BY
DEPARTMENT OF VETERANS AF-
‘‘(2) MEMBERSHIP.— ‘‘(8) TERMINATION.—Section 14(a) of the
FAIRS. ‘‘(A) IN GENERAL.—The Council shall con- Federal Advisory Committee Act (5 U.S.C.
sist of 12 members appointed by the Sec- App.) (relating to termination) shall not
(a) IN GENERAL.—Not later than 180 days
retary of Defense, as follows: apply to the Council.
after the date of the enactment of this Act,
‘‘(i) Three shall be representatives of mili- ‘‘(9) DEFINITIONS.—In this subsection:
and not less frequently than every 180 days
tary support organizations. ‘‘(A) MILITARY SUPPORT ORGANIZATION.—
thereafter, the Secretary of Veterans Affairs
‘‘(ii) Three shall be representatives of vet- The term ‘military support organization’
shall submit to Congress a report containing
erans service organizations. means an organization that provides support
data on the timeliness and adequacy of ac-
‘‘(iii) Three shall be representatives of pri- to members of the armed forces and their
cess by veterans to fertility treatment and
vate, nonprofit organizations with a vested families with respect to education, finances,
counseling services furnished by the Depart-
interest in education and communication of health care, employment, and overall well-
ment of Veterans Affairs, including through financial education and financial services.
non-Department providers. being.
‘‘(iv) Three shall be representatives of gov- ‘‘(B) VETERANS SERVICE ORGANIZATION.—
(b) ELEMENTS.—Each report submitted ernmental entities with a vested interest in
under subsection (a) shall include, for the pe- The term ‘veterans service organization’
education and communication of financial means any organization recognized by the
riod covered by the report, the following: education and financial services.
(1) The average number of days from when Secretary for the representation of veterans
‘‘(B) QUALIFICATIONS.—The Secretary shall under section 5902 of title 38.’’.
a veteran first seeks fertility treatment to appoint members to the Council from among
when a referral for such treatment is made individuals qualified to appraise military SA 5801. Mrs. MURRAY submitted an
and the average number of days from when compensation, military retirement, and fi-
such referral is made to when an appoint-
amendment intended to be proposed to
nancial literacy training. amendment SA 5499 submitted by Mr.
ment for such treatment occurs, ‘‘(C) TERMS.—Members of the Council shall
disaggregated by facility of the Department REED (for himself and Mr. INHOFE) and
serve for terms of three years, except that, of
or non-Department provider. the members first appointed— intended to be proposed to the bill H.R.
(2) The average number of days from when ‘‘(i) four shall be appointed for terms of 7900, to authorize appropriations for
a veteran first seeks fertility counseling to one year; fiscal year 2023 for military activities
when a referral for such counseling is made ‘‘(ii) four shall be appointed for terms of of the Department of Defense, for mili-
and the average number of days from when two years; and tary construction, and for defense ac-
such referral is made to when an appoint- ‘‘(iii) four shall be appointed for terms of tivities of the Department of Energy,
ment for such counseling occurs, three years.
disaggregated by facility of the Department to prescribe military personnel
‘‘(D) REAPPOINTMENT.—A member of the
or non-Department provider. Council may be reappointed for additional
strengths for such fiscal year, and for
(3) The number of available providers of terms. other purposes; which was ordered to
the Department and non-Department pro- ‘‘(E) VACANCIES.—Any member appointed lie on the table; as follows:
viders for fertility treatment and counseling to fill a vacancy occurring before the expira- At the end of subtitle E of title V, add the
in each State or territory, disaggregated by tion of the term of office for which such following:
facility. member’s predecessor was appointed shall be SEC. 564. INCLUSION OF MILITARY FAMILY SPE-
(4) The average number of days it takes for appointed only for the remainder of such CIAL NEEDS COUNSELING IN THE
the Secretary to pay claims for fertility term. TRANSITION ASSISTANCE PROGRAM.
treatment and counseling services from non- ‘‘(3) DUTIES AND FUNCTIONS.—The Council Section 1142 of title 10, United States Code,
Department providers under section 1703D of shall— is amended—
title 38, United States Code. ‘‘(A) advise the Secretary with respect to (1) in subsection (b), by adding at the end
SEC. 1095. REGULATIONS ON FURNISHING OF matters relating to the financial literacy the following new paragraph:
FERTILITY TREATMENT AND COUN- and financial readiness of members of the ‘‘(20)(A) Counseling for the member and the
SELING AND ADOPTION ASSISTANCE armed forces; and family of the member, including the spouse
BY DEPARTMENT OF VETERANS AF- ‘‘(B) submit to the Secretary recommenda- and dependents of the member, on any loss of
FAIRS. tions with respect to those matters. family medical and special needs benefits
Not later than 18 months after the date of ‘‘(4) MEETINGS.— due to the transition of the member.
the enactment of this Act, the Secretary of ‘‘(A) IN GENERAL.—The Council shall meet ‘‘(B) The creation of a personalized plan for
Veterans Affairs shall prescribe regula- not less frequently than twice each year and support and services in the State the family
tions— at such other times as the Secretary re- will transfer to, including services such as
(1) to carry out section 1720K of title 38, quests. respite care, special education support, Med-
United States Code, as added by section ‘‘(B) QUORUM.—A majority of members icaid waivers, Supplemental Security In-
1089(a); and shall constitute a quorum and action shall come, conservatorship services, and services
(2) to carry out section 1790 of such title, as be taken only by a majority vote of the for incapacitated dependents.
added by section 1090(a). members present and voting. ‘‘(C) Options to allow a Judge Advocate
‘‘(5) SUPPORT SERVICES.—The Secretary— General to have power of attorney privileges
SA 5800. Mrs. MURRAY submitted an ‘‘(A) shall provide to the Council an execu- to complete required documentation for de-
amendment intended to be proposed to tive secretary and such secretarial, clerical, pendent needs prior to the separation of the
amendment SA 5499 submitted by Mr. and other support services as the Council member.’’; and
REED (for himself and Mr. INHOFE) and considers necessary to carry out the duties (2) in subsection (c)(1)(E), by inserting ‘‘,
of the Council; and including family members with special
intended to be proposed to the bill H.R.
‘‘(B) may request that other Federal agen- needs’’ after ‘‘Disability’’.
7900, to authorize appropriations for cies provide statistical data, reports, and
fiscal year 2023 for military activities other information that is reasonably acces- SA 5802. Mr. COONS (for himself, Ms.
of the Department of Defense, for mili- sible to assist the Council in the perform- MURKOWSKI, Mr. BENNET, Ms. ROSEN,
tary construction, and for defense ac- ance of the duties of the Council. Mr. CASSIDY, Ms. COLLINS, Mrs. SHA-
tivities of the Department of Energy, ‘‘(6) COMPENSATION.—While away from HEEN, Mr. PADILLA, and Mr. KAINE) sub-
to prescribe military personnel their homes or regular places of business in mitted an amendment intended to be
strengths for such fiscal year, and for the performance of services for the Council,
proposed to amendment SA 5499 sub-
members of the Council shall be allowed
other purposes; which was ordered to mitted by Mr. REED (for himself and
travel expenses, including per diem in lieu of
lie on the table; as follows: subsistence, in the same manner as persons Mr. INHOFE) and intended to be pro-
At the end of subtitle D of title VI, add the employed intermittently in the Government posed to the bill H.R. 7900, to authorize
following: service are allowed expenses under section appropriations for fiscal year 2023 for
SEC. 632. ADVISORY COUNCIL ON FINANCIAL 5703 of title 5. military activities of the Department
READINESS. ‘‘(7) ANNUAL REPORT.—Not less frequently
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of Defense, for military construction,
Section 992 of title 10, United States Code, than annually, the Secretary shall submit to and for defense activities of the De-
is amended— Congress a report that—
partment of Energy, to prescribe mili-
(1) by redesignating subsection (e) as sub- ‘‘(A) describes each recommendation re-
section (f); and ceived from the Council during the preceding tary personnel strengths for such fiscal
(2) by inserting after subsection (d) the fol- year; and year, and for other purposes; which was
lowing new subsection (e): ‘‘(B) includes a statement, with respect to ordered to lie on the table; as follows:
‘‘(e) ADVISORY COUNCIL ON FINANCIAL READ- each such recommendation, of whether the At the appropriate place in subtitle G of
INESS.— Secretary has implemented the rec- title X, insert the following:
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S5274 CONGRESSIONAL RECORD — SENATE September 28, 2022
SEC. 10ll. NATIONAL CLIMATE ADAPTATION (12) IMPLEMENTATION PLAN.—The term ‘‘Im- (ii) the consequence that would result if
AND RESILIENCE STRATEGY. plementation Plan’’ means the Implementa- the hazard occurred.
(a) DEFINITIONS.—In this section: tion Plan jointly developed by the Chief Re- (22) SLOW-ONSET CLIMATE HAZARD.—
(1) ADAPTATION.—The term ‘‘adaptation’’ silience Officer and the Working Groups (A) IN GENERAL.—The term ‘‘slow-onset cli-
means an adjustment in a natural or human under subsection (e)(2). mate hazard’’ means an environmental haz-
system in response to a new or changing en- (13) INDIAN TRIBE.—The term ‘‘Indian ard driven or exacerbated by climate change
vironmental condition, including such an ad- Tribe’’ has the meaning given the term in that evolves gradually through time due to
justment associated with climate change, section 4 of the Indian Self-Determination incremental change or because of an increas-
that exploits beneficial opportunities or and Education Assistance Act (25 U.S.C. ing frequency or intensity of recurring cli-
moderates negative effects. 5304). mate impacts.
(2) ADAPTIVE CAPACITY.—The term ‘‘adapt- (B) INCLUSIONS.—The term ‘‘slow-onset cli-
(14) NATIONAL CLIMATE ASSESSMENT.—The
ive capacity’’ means the ability of a sys- mate hazard’’ includes hazards such as—
term ‘‘National Climate Assessment’’ means
tem— (i) sea level rise;
the assessment delivered to Congress and the
(A) to adjust to climate vulnerabilities to (ii) desertification;
President pursuant to section 106 of the
moderate potential damage or harm; (iii) biodiversity loss or the alteration of or
(B) to take advantage of new, and poten- Global Change Research Act of 1990 (15
U.S.C. 2936). shift in habitat range of individual species or
tially beneficial, opportunities; or entire biomes;
(C) to cope with change. (15) NATURAL INFRASTRUCTURE.—The term
‘‘natural infrastructure’’ means infrastruc- (iv) increasing temperatures;
(3) CASCADING CLIMATE HAZARDS.—The term (v) ocean acidification;
‘‘cascading climate hazards’’ means a series ture that—
(vi) saltwater intrusion;
of successive environmental hazards trig- (A) uses, restores, or emulates natural eco-
(vii) soil salinization;
gered by an initial hazard that is driven or logical, geological, or physical processes; and
(viii) drought and water scarcity;
exacerbated by climate change, such that (B)(i) is created through the action of nat-
(ix) reduced snow pack;
the impacts to vulnerable systems are ampli- ural physical, geological, biological, and
(x) sea ice retreat;
fied. chemical processes over time;
(xi) glacial ice retreat;
(4) CHIEF RESILIENCE OFFICER.—The term (ii) is created by human design, engineer-
(xii) permafrost thaw; and
‘‘Chief Resilience Officer’’ means the Chief ing, and construction to emulate or act in (xiii) coastal and river bank erosion.
Resilience Officer of the United States ap- concert with natural processes; or (23) STRATEGY.—The term ‘‘Strategy’’
pointed by the President under subsection (iii) involves the use of plants, soils, and means the National Climate Adaptation and
(b)(1)(A). other natural features, including through Resilience Strategy required to be developed
(5) CLIMATE CHANGE.—The term ‘‘climate the creation, restoration, or preservation of jointly by the Chief Resilience Officer and
change’’ means changes in average atmos- natural areas using materials appropriate to the Working Groups under subsection (e)(1).
pheric and oceanic conditions that persist the region to manage stormwater and runoff, (24) TERRITORIAL GOVERNMENT.—The term
over multiple decades or longer and are nat- to attenuate flooding and storm surges, to ‘‘territorial government’’ means the govern-
ural or anthropogenic in origin, including— manage erosion and saltwater intrusion, and ment of a territory (as defined in section
(A) both increases and decreases in tem- for other related purposes. 602(g) of the Social Security Act (42 U.S.C.
perature; (16) NON-FEDERAL PARTNER.—The term 802(g))).
(B) shifts in precipitation; ‘‘non-Federal partner’’ means a member of a (25) VULNERABILITY.—The term ‘‘vulner-
(C) shifts in ecoregion or biome geography unit of State, local, or territorial govern- ability’’ means the propensity or predisposi-
and phenology, as applicable; ment, the government of an Indian Tribe, tion of a human individual or community or
(D) changing risk from certain types of the government of a Freely Associated physical, biological, or socioeconomic sys-
rapid-onset climate hazards and slow-onset State, a private sector entity, or another in- tem to be susceptible to and adversely af-
climate hazards; and dividual or organization not affiliated with fected by the impacts of climate change.
(E) changes to other features of the cli- the Federal Government. (26) WORKING GROUP.—The term ‘‘Working
mate system. (17) OPERATIONS REPORT.—The term ‘‘Oper- Group’’ means a National Climate Adapta-
(6) CLIMATE INFORMATION.—The term ‘‘cli- ations Report’’ means the National Climate tion and Resilience Working Group estab-
mate information’’ means information, data, Adaptation and Resilience Operations Report lished by the Chief Resilience Officer under
or products that enhance knowledge and un- jointly developed by the Chief Resilience Of- subsection (b)(2).
derstanding of climate science, risk, condi- ficer and the Working Groups under sub- (b) CHIEF RESILIENCE OFFICER AND NA-
tions, vulnerability, or impact, including— section (d). TIONAL CLIMATE ADAPTATION AND RESILIENCE
(A) climate data products; (18) RAPID-ONSET CLIMATE HAZARD.—The WORKING GROUPS.—
(B) historic or future climate projections term ‘‘rapid-onset climate hazard’’ means an (1) CHIEF RESILIENCE OFFICER.—
or scenarios; abrupt environmental hazard driven or exac- (A) IN GENERAL.—Not later than 120 days
(C) climate risk or vulnerability informa- erbated by climate change that occurs quick- after the date of enactment of this Act, the
tion; ly or unexpectedly and triggers impacts that President shall identify or appoint a Chief
(D) data or information related to climate materialize rapidly and interact with condi- Resilience Officer of the United States to
adaptation and mitigation; and tions of exposure and vulnerability to result serve in the Executive Office of the Presi-
(E) other best available climate science. in a disaster. dent.
(7) COMPOUND CLIMATE HAZARDS.—The term (19) REPRESENTED AGENCY.—The term ‘‘rep- (B) DUTIES.—The Chief Resilience Officer
‘‘compound climate hazards’’ means 2 or resented agency’’ means each Federal agency shall—
more environmental hazards driven or exac- from which the Chief Resilience Officer ap- (i) serve the President by directing a
erbated by climate change that occur simul- points a member to a Working Group under whole-of-government effort to build resil-
taneously or successively, such that the im- subsection (b)(2)(D)(ii)(II). ience to climate change vulnerabilities in
pacts to vulnerable systems are amplified. (20) RESILIENCE.—The term ‘‘resilience’’ the United States (as described in the Na-
(8) COUNCIL.—The term ‘‘Council’’ means means the capacity of a social, physical, eco- tional Climate Assessment or other relevant
the Partners Council on Climate Adaptation nomic, or environmental system to cope analyses identified by the Chief Resilience
and Resilience established by subsection with an environmental hazard event, trend, Officer) in collaboration with existing Fed-
(c)(1). or disturbance that is driven or exacerbated eral initiatives and interagency adaptation
(9) FEDERAL AGENCY.—The term ‘‘Federal by climate change by responding or reorga- efforts;
agency’’ has the meaning given the term nizing in ways that maintain, to the greatest (ii) establish Working Groups in accord-
‘‘Executive agency’’ in section 105 of title 5, extent practicable, the essential function, ance with paragraph (2) to facilitate inter-
United States Code. identity, and structure of the system and en- agency coordination with respect to climate
(10) FREELY ASSOCIATED STATE.—The term sure that, in the event of a rapid-onset cli- resilience and adaptation; and
‘‘Freely Associated State’’ means— mate hazard or a slow-onset climate hazard, (iii) at the end of a presidential adminis-
(A) the Federated States of Micronesia; basic human needs are met, while also main- tration, delegate the duties of the Chief Re-
(B) the Republic of the Marshall Islands; taining the capacity for adaptation and silience Officer to the Executive Secretary of
and transformation. the Working Groups designated under para-
(C) the Republic of Palau. (21) RISK.— graph (2)(F)(i)(I) until a new Chief Resilience
(11) FRONTLINE COMMUNITIES.—The term (A) IN GENERAL.—The term ‘‘risk’’ means Officer is appointed.
‘‘frontline communities’’ means human com- the potential for consequences in a situation (C) COMPENSATION.—The Chief Resilience
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munities that— in which— Officer shall be compensated by the Federal
(A) are highly vulnerable to climate (i) something of value is at stake; and Government at level III of the Executive
change or exposed to climate risk; (ii) the outcome is uncertain. Schedule in subchapter II of chapter 53 of
(B) experience the earliest, most adverse (B) INCLUSION.—The term ‘‘risk’’ includes title 5, United States Code.
impacts of climate change; and the potential for consequences described in (2) WORKING GROUPS.—
(C) may have a reduced ability to adapt to subparagraph (A) that is evaluated as the (A) ESTABLISHMENT.—
climate change due to a lack of resources, product obtained by multiplying— (i) IN GENERAL.—Subject to clause (ii), the
political power, or adaptive capacity. (i) the probability of a hazard occurring; by Chief Resilience Officer shall establish the
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5275
minimum number of National Climate Adap- a represented agency to serve as Executive Federal partner members of the Council as
tation and Resilience Working Groups that Secretary of the Working Groups. follows:
is necessary to carry out the duties and pur- (II) EMPLOYMENT.—The employee des- (I) 12 members who are employees of State
poses described in subparagraph (C). ignated as Executive Secretary under sub- governments, local governments, territorial
(ii) LIMITATION.—The Chief Resilience Offi- clause (I) shall remain an employee of the governments, the governments of Indian
cer shall not establish more than 5 Working agency, department, or program from which Tribes, or the governments of Freely Associ-
Groups. the employee was appointed. ated States, of which—
(B) FOCUS.—Each Working Group shall (ii) NECESSARY ASSISTANCE.—To carry out (aa) not fewer than 2 shall be employees of
focus on a topic or series of related topics the purposes of each Working Group, as de- a State government;
with respect to climate adaptation and resil- scribed in subparagraph (C), each represented (bb) not fewer than 2 shall be employees of
ience, as determined by the Chief Resilience agency with a member on the Working a unit of local government;
Officer. Group shall furnish necessary assistance to (cc) not fewer than 2 shall be employees of
(C) DUTIES AND PURPOSE.—Each Working that Working Group, such as— the government of an Indian Tribe; and
Group shall, under the leadership of the (I) a detail of employees to the Working (dd) not fewer than 2 shall be employees of
Chief Resilience Officer, with respect to the Group to perform such functions, consistent a territorial government or the government
focus of the Working Group— with the purposes of the Working Group de- of a Freely Associated State; and
(i) coordinate a whole-of-government plan scribed in subparagraph (C), as the Chief Re- (II) 8 members who represent nongovern-
to build resilience to the applicable climate silience Officer may assign, including sup- mental organizations and the private sector,
change vulnerabilities described in the Na- port staff for the Executive Secretary ap- of which—
tional Climate Assessment or other relevant pointed under clause (i)(I); and (aa) 3 shall represent nongovernmental or-
analyses identified by the Chief Resilience (II) on request of the Chief Resilience Offi- ganizations;
Officer; cer, undertaking special studies for the (bb) 3 shall represent the private sector;
(ii) assist in the development of the appli- Working Group as may be appropriate to and
cable portions of— carry out the functions of the Working (cc) 2 shall represent academic institu-
(I) the Operations Report; Group. tions.
(II) the Strategy; and (c) PARTNERS COUNCIL ON CLIMATE ADAPTA- (iii) REPRESENTED AGENCY MEMBERS.—The
(III) the Implementation Plan; and TION AND RESILIENCE.— Chief Resilience Officer may, with the con-
(iii) assist in the standardization across (1) ESTABLISHMENT.—There is established a sent of those representatives, appoint not
represented agencies of, with respect to cli- council, to be known as the ‘‘Partners Coun- more than 3 representatives of represented
mate change, the term ‘‘resilience’’ to pro- cil on Climate Adaptation and Resilience’’. agencies to the Council that the Chief Resil-
mote greater consistency in Federal resil- (2) MISSION AND FUNCTION.—The Council ience Officer determines would promote dia-
ience leadership. shall work to improve the climate adapta- logue useful for implementation of the du-
(D) STRUCTURE.— tion and resilience operations of the Federal ties of the Council while keeping the size of
(i) CHAIRPERSON.— Government by providing recommendations the Council manageable.
(I) IN GENERAL.—Subject to a designation through the Chief Resilience Officer, includ- (iv) SELECTION.—To the maximum extent
under subclause (III), the Chief Resilience ing those recommendations contained in the practicable, the Chief Resilience Officer shall
Officer shall serve as chairperson of each report required under paragraph (3), that seek to select members of the Council who—
Working Group. identify how the Federal Government can (I) possess first-hand, lived experience of
(II) TEMPORARY CHAIRPERSON.—The Presi- better support non-Federal partners with eq- climate vulnerability in the United States,
dent or the Chief Resilience Officer may des- uitable resources, technical assistance, im- including direct experience working with, or
ignate another staff member or member of a proved policies, and other assistance to help as members of, frontline communities; and
Working Group to act temporarily as the frontline communities build resilience to cli- (II) represent a diversity of—
chairperson of that Working Group in the ab- mate change. (aa) perspectives;
sence of the Chief Resilience Officer. (3) REPORT.—Not later than 16 months (bb) demographics;
(III) DESIGNATED AGENCY CHAIRPERSON.— after the date of enactment of this Act, and (cc) geographies;
The Chief Resilience Officer may designate every 3 years thereafter, the Council, acting (dd) political affiliations; and
as chairperson of a Working Group the head through the Chief Resilience Officer, shall (ee) institution sizes, including representa-
of a represented agency that serves on that submit to the President and the Working tives of both small and large units of govern-
Working Group. Groups a report that includes— ment and businesses.
(ii) MEMBERSHIP.—In establishing a Work- (A) an analysis of the deficiencies or gaps (v) TERM.—Members appointed to the
ing Group, the Chief Resilience Officer in the climate resilience operations of the Council shall serve a single term of not more
shall— Federal Government that reduce or fail to than 3 years, except that—
(I) identify each Federal agency with oper- increase the capacity of non-Federal part- (I) of the initial members appointed to the
ations or organizational units that are rel- ners to adapt to climate change; Council, the Chief Resilience Officer shall
evant to the focus of the Working Group; and (B) an identification of the resources, in- appoint—
(II) appoint 1 member of each Federal cluding Federal funding, necessary for non- (aa) 1⁄2 of the members to serve for a term
agency identified under subclause (I) to rep- Federal partners to adequately adapt to cli- of 18 months; and
resent that Federal agency on the Working mate change; and (bb) 1⁄2 of the members to serve a term of 3
Group. (C) recommendations with respect to how years; and
(iii) REQUIREMENT.—In appointing a mem- the Federal Government could better sup- (II) the Chief Resilience Officer may extend
ber of a Working Group under clause (ii)(II), port efforts by non-Federal partners to expe- the term of any member of the Council by a
the Chief Resilience Officer shall, to the ditiously address vulnerabilities associated period of not more than 1 year on a one-time
maximum extent practicable, appoint the with climate change and build climate resil- basis, if the Chief Resilience Officer deter-
head of the portion of the represented agency ience. mines it necessary to support the work of
that is most relevant to the focus of the (4) CHAIR AND VICE-CHAIR.—The Chief Resil- the Council.
Working Group. ience Officer shall serve as chairperson of (vi) VACANCIES.—
(iv) DUTIES OF MEMBERS.—Each member of the Council and shall appoint a vice-chair- (I) IN GENERAL.—A vacancy in the Council
a Working Group— person from among the members of the shall be filled in the same manner in which
(I) shall attend meetings of the Working Council appointed pursuant to paragraph (5). the original selection was made.
Group; and (5) MEMBERSHIP.— (II) APPOINTMENT OF NEW MEMBERS.—After
(II) work to support the duties of the (A) IN GENERAL.—In addition to the Chief the expiration of the term for which a mem-
Working Group. Resilience Officer, the Council shall consist ber of the Council is appointed, the member
(E) MEETINGS.— of not more than 23 members appointed by may continue to serve until a successor is
(i) IN GENERAL.—Each Working Group shall the Chief Resilience Officer. appointed.
meet not less frequently than once every 180 (B) APPOINTMENT.— (6) MEETINGS.—
days. (i) IN GENERAL.—The Chief Resilience Offi- (A) IN GENERAL.—The Council shall meet
(ii) QUORUM.—3⁄4 of the members of a Work- cer shall appoint members of the Council not less frequently than once every 180 days.
ing Group shall constitute a quorum of the who can support the Working Groups by ar- (B) QUORUM.—3⁄4 of the members of the
Working Group. ticulating how the Federal Government can Council shall constitute a quorum of the
SSpencer on DSK126QN23PROD with SENATE
(iii) REMOTE PARTICIPATION.—A member of better support State governments, local gov- Council.
a Working Group may participate in a meet- ernments, territorial governments, the gov- (C) REMOTE PARTICIPATION.—A member of
ing of that Working Group through tele- ernments of Indian Tribes, the governments the Council may participate in a meeting of
conference or similar means. of Freely Associated States, nonprofit orga- the Council through teleconference or simi-
(F) SUPPORT PERSONNEL.— nizations, or private sector entities to build lar means.
(i) EXECUTIVE SECRETARY.— resilience to climate change. (7) APPLICABILITY OF FACA.—Section 14 of
(I) IN GENERAL.—The Chief Resilience Offi- (ii) NON-FEDERAL PARTNER MEMBERS.—The the Federal Advisory Committee Act (5
cer shall designate a permanent employee of Chief Resilience Officer shall appoint 20 non- U.S.C. App.) shall not apply to the Council.
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S5276 CONGRESSIONAL RECORD — SENATE September 28, 2022
(d) NATIONAL CLIMATE ADAPTATION AND RE- (B) UPDATES.—Not later than the date that (II) Better preparing the United States for
SILIENCE OPERATIONS REPORT.—Not later is 3 years after the date on which the Chief the adverse impacts experienced or antici-
than 16 months after the date of enactment Resilience Officer and the Working Groups pated to be experienced as a result of—
of this Act, and every 3 years thereafter, the jointly and simultaneously submit the Strat- (aa) rapid-onset climate hazards;
Chief Resilience Officer and the Working egy to the President and Congress under sub- (bb) slow-onset climate hazards;
Groups shall jointly and simultaneously sub- paragraph (A), and every 3 years thereafter, (cc) compound climate hazards; and
mit to the President and Congress a National the Chief Resilience Officer and the Working (dd) cascading climate hazards.
Climate Adaptation and Resilience Oper- Groups shall jointly submit an updated (III) Educating, engaging, or developing
ations Report that includes— version of the Strategy to the President and the skills of the workforce of the represented
(1) a summary of the existing climate resil- Congress to account for— agencies with respect to topics related to cli-
ience operations of each represented agency (i) new science related to climate change, mate change vulnerability and resilience to
that includes— resilience, and adaptation; promote effective Federal resilience oper-
(A) the roles and responsibilities of each (ii) relevant changes in Federal Govern- ations.
represented agency in building national re- ment structure, congressional authorities, or (IV) An identification of opportunities and
silience to the climate vulnerabilities de- appropriations; and appropriate circumstances for represented
scribed in the National Climate Assessment (iii) any other necessary improvements or agencies to better utilize natural infrastruc-
or other analyses relevant to each rep- changes identified by the Chief Resilience ture as an adaptation strategy.
resented agency; Officer. (ii) SUPPORT OF NON-FEDERAL PARTNERS’
(B) the major findings and conclusions (C) PURPOSE AND SCOPE.—The Strategy RESPONSE TO CLIMATE CHANGE.—
from climate adaptation plans or risk or vul- shall describe strategies for the Federal Gov- (I) Methods for represented agencies to
nerability assessments prepared by each rep- ernment, in partnership with non-Federal better collaborate and work directly with
resented agency; partners, to address the vulnerabilities of non-Federal partners to increase the resil-
(C) the mechanisms by which each rep- the United States to climate change de- ience and adaptive capacity of State govern-
resented agency supports the resilience ef- scribed in the National Climate Assessment ments, local governments, territorial gov-
forts of non-Federal partners, such as by pro- or other relevant analyses identified by the ernments, the governments of Indian Tribes,
viding funding, resources, and technical as- Chief Resilience Officer to ensure that— the governments of Freely Associated
sistance; and (i) the United States has an overarching States, and other non-Federal partners.
(D) an assessment of how each represented strategic vision to respond to climate change (II) Educating non-Federal partners about
agency is working to ensure equitable adap- that— the availability of Federal funding opportu-
tation outcomes; and (I) identifies national climate resilience nities identified in the Operations Report
(2) a cross-agency analysis of the resilience goals and guides national climate adaptation under subsection (d)(2)(B), including the de-
operations identified under paragraph (1) efforts; velopment of a centralized, cross-agency por-
that— (II) facilitates the incorporation of the cli- tal that allows non-Federal partners to eas-
(A) identifies— mate resilience goals identified under sub- ily identify and apply for appropriate Fed-
(i) the challenges, barriers, or disincen- clause (I) into relevant national programs, eral funding opportunities for the specific re-
tives for the Federal Government to build re- operations, and strategies; silience needs of those non-Federal partners.
silience to climate change in the United (III) develops proactive, long-term, sce- (III) Clarifying, simplifying, and harmo-
States; nario-based strategies to plan for and re- nizing the planning requirements and appli-
(ii) the inconsistencies in goals, priorities, spond to current and future climate impacts cation processes for State governments,
or strategies underlying climate resilience to human communities, natural resources local governments, territorial governments,
operations and policy across represented and public land, and infrastructure and other the governments of Indian Tribes, and the
agencies that may inhibit effective inter- physical assets; governments of Freely Associated States to
agency coordination to support national cli- (IV) emphasizes forward-thinking adapta- access Federal funds for climate adaptation
mate resilience, including— tion strategies, including predisaster mitiga- and resilience efforts across represented
(I) the areas of necessary differences in tion, that seek to overcome repeated climate agencies.
those goals, priorities, or strategies; and impacts to vulnerable systems and commu- (IV) Identifying under-resourced commu-
(II) the justifications for those inconsist- nities; nities and communities with low adaptive
encies; (V) prioritizes climate resilience efforts to capacity and resilience and to directly sup-
(iii) areas of overlap or redundant use of support the most vulnerable human commu- port those communities in applying for Fed-
resources between or among represented nities and the most urgent national resil- eral funds for climate adaptation and resil-
agencies, including recommendations to ience challenges, as determined by the Chief ience efforts.
eliminate any unnecessary or unintentional Resilience Officer in consultation with the (V) Supporting the retreat or relocation of
redundancy; Working Groups; human communities in areas that are at in-
(iv) gaps or deficiencies in resilience oper- (VI) avoids unnecessary redundancies and creasing risk from climate change, in par-
ations and policy that need to be addressed inefficiencies in the national planning for ticular from slow-onset climate hazards, in-
in the context of the Strategy; and response to climate change; and cluding strategies to better manage equi-
(v) opportunities for greater collaboration (VII) recognizes the vulnerability of nat- table property buyouts, managed retreat, or
between or among represented agencies to ural systems to climate change and under- relocation options for communities in those
improve Federal Government resilience oper- scores the importance of promoting eco- areas.
ations and policy; and system resilience to preserve the intrinsic (iii) CLIMATE INFORMATION.—
(vi) opportunities for greater collaboration value of nature and support ecosystem serv- (I) Increasing the accessibility and utility
between the Federal Government and non- ices relied on by human beings; of climate information that is produced, pub-
Federal partners to build local-level adaptive (ii) Federal investments in Federal and lished, or hosted by the Federal Government,
capacity and resilience; and non-Federal infrastructure and assets pro- including strategies to better collaborate
(B) includes a review and summary of all mote climate resilience to the maximum ex- across the represented agencies and work
available Federal funding from represented tent practicable; and with non-Federal partners—
agencies that is specifically allocated for cli- (iii) the adaptive capacity and resilience of (aa) to provide the high-quality, locally
mate adaptation activities to be undertaken State governments, local governments, terri- relevant climate information and, where
by non-Federal partners, including— torial governments, the governments of In- practicable and useful, transparent and
(i) a summary of Federal funding available dian Tribes, and governments of Freely Asso- replicable downscaled climate projections
in appropriations accounts and subaccounts; ciated States are maximized to the max- that are necessary to support local-level ad-
(ii) disparities between the supply and de- imum extent practicable. aptation efforts;
mand for adaptation funding available to (D) COUNCIL RECOMMENDATIONS.—In devel- (bb) to establish improved methods of com-
non-Federal partners; and oping the Strategy, the Chief Resilience Offi- municating climate risk and other relevant
(iii) existing mechanisms to ensure Federal cer and Working Groups shall consider the climate information;
funding allocations are being directed to recommendations of the Council. (cc) to better educate non-Federal partners
frontline communities with the greatest (E) INCLUSIONS.—In addition to the over- about the available resources for climate in-
level of vulnerability. arching strategies developed in accordance formation; and
(e) NATIONAL CLIMATE ADAPTATION AND RE- with subparagraph (C), the Strategy shall in- (dd) to assist non-Federal partners in se-
SILIENCE STRATEGY.— clude information with respect to the fol- lecting and using appropriate climate infor-
SSpencer on DSK126QN23PROD with SENATE
(1) STRATEGY.— lowing: mation or related tools.
(A) IN GENERAL.—Not later than 2 years (i) DIRECT FEDERAL GOVERNMENT RESPONSE (II) Standardized procedures to synthesize,
after the date of enactment of this Act, the TO CLIMATE CHANGE.— align, and update climate information pro-
Chief Resilience Officer and the Working (I) Addressing the limitations, duced, published, or hosted by the Federal
Groups shall jointly submit and simulta- redundancies, and opportunities for im- Government to create arrays of standardized
neously to the President and Congress a Na- proved resilience operations of the Federal national, regional, and, where applicable,
tional Climate Adaptation and Resilience Government that are identified in the Oper- local climate information for adaptation
Strategy. ations Report. planning.
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5277
(III) An assessment of the necessity and essary to facilitate a unified national plan to ‘‘(2) USE OF FUNDS.—
utility of developing or improving a central- build resilience to climate change; and ‘‘(A) IN GENERAL.—A State receiving funds
ized clearinghouse and dedicated Federal (C) the use of any relevant metrics and in- under paragraph (1) shall use the funds for
program for climate information to better dicators described in paragraph (1)(E)(iv). repairs to dwelling units described in sub-
provide climate information to end users. (3) ASSESSMENT.—Not later than 2 years paragraph (B) that will remediate the appli-
(IV) Developing the centralized clearing- following the completion of each Strategy cable structural defects or hazards of the
house or dedicated Federal program de- under paragraph (1)(A) and each Implemen- dwelling unit so that weatherization meas-
scribed in subclause (III), if such an effort is tation Plan, the Comptroller General of the ures may be installed.
determined to be necessary by the Chief Re- United States shall simultaneously submit ‘‘(B) DWELLING UNIT.—A dwelling unit re-
silience Officer. to the President and Congress a report that ferred to in subparagraph (A) is a dwelling
(iv) RESILIENCE METRICS AND INDICATORS.— assesses— unit occupied by a low-income person that,
At the discretion of the Chief Resilience Offi- (A) the extent to which the Strategy and on inspection pursuant to the program under
cer, developing or improving resilience Implementation Plan have been carried out this part, was found to have significant de-
metrics and indicators to assist the Federal by the Federal Government, which shall be fects or hazards that prevented the installa-
Government and non-Federal partners— judged, as appropriate, based on any metrics tion of weatherization measures under the
(I) to the maximum extent practicable, to and indicators developed to track progress in program.
consistently measure the resilience of increasing resilience under paragraph ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In
human communities, natural systems, and (1)(E)(iv); addition to amounts authorized to be appro-
physical assets to climate change; (B) the effectiveness of the actions taken priated under section 422, there is authorized
(II) to set baselines and targets to measur- under the Strategy and Implementation Plan to be appropriated to the Secretary to carry
ably increase climate resilience over time; and the resulting outcomes of those actions out this subsection $65,000,000 for each of fis-
and in building national resilience to climate cal years 2023 through 2027.’’.
(III) to better monitor and assess the effec- change; and (b) STATE AVERAGE COST PER UNIT.—
tiveness of various resilience-building activi- (C) the progress made towards the develop- (1) IN GENERAL.—Section 415(c) of the En-
ties after implementation. ment of an effective whole-of-government ef- ergy Conservation and Production Act (42
(v) FUNDING CLIMATE ADAPTATION.— fort to build resilience to the climate U.S.C. 6865(c)) is amended—
(I) Helping to prioritize Federal funding vulnerabilities described in the National Cli- (A) in paragraph (1)—
expenditures for adaptation and resilience in mate Assessment or other relevant analyses (i) in the matter preceding subparagraph
consideration of the greatest vulnerabilities. identified by the Chief Resilience Officer, in- (A)—
(II) Creating financial incentives for adap- cluding recommendations for additional (I) in the first sentence, by striking
tation and resilience efforts. steps necessary to reach this goal. ‘‘$6,500’’ and inserting ‘‘$12,000’’; and
(III) A review of the cost-benefit analysis (4) PUBLIC COMMENT.—The Chief Resilience (II) by striking ‘‘(c)(1) Except as provided
methodologies and discount rates used by Officer shall— in paragraphs (3) and (4)’’ and inserting the
represented agencies for all Federal invest- (A) publish draft and final versions of the following:
ments, including a review of the implica- Strategy and Implementation Plan, and each ‘‘(c) FINANCIAL ASSISTANCE.—
tions of those methodologies and discount update to the Strategy and Implementation ‘‘(1) IN GENERAL.—Except as provided in
rates for climate adaptation and resilience. paragraphs (3), (4), and (6)’’;
Plan; and
(IV) Recommendations to improve the (ii) by conforming the margins of subpara-
(B) through publication in the Federal
methodologies described in subclause (III) to graphs (A) through (D) to the margin of sub-
Register, solicit comments from the public
reflect— paragraph (E);
on the draft versions of the documents pub-
(aa) the added value of resilience planning (iii) in subparagraph (D), by striking ‘‘,
lished under subparagraph (A) for a period of
and construction methodologies over the and’’ and inserting ‘‘; and’’; and
60 days, which the Chief Resilience Officer
lifetime of a project or unit of infrastruc- (iv) in subparagraph (E), by adding a period
and the Working Groups shall consider be-
ture; at the end;
fore submitting final versions of the Strat-
(bb) the benefits of natural infrastructure (B) in paragraph (2), in the first sentence,
egy and Implementation Plan, and updates
investments; by striking ‘‘weatherized (including dwelling
(cc) the potential value of retreat and relo- to the Strategy and Implementation Plan, to
the President and Congress. units partially weatherized)’’ and inserting
cation as adaptation solutions; and ‘‘fully weatherized’’;
(f) SUNSET.—This section ceases to be effec-
(dd) to what extent existing cost-benefit (C) in paragraph (4), by striking ‘‘$3,000’’
tive on the date that is the earlier of—
analysis methodologies lead to inequitable and inserting ‘‘$6,000’’;
(1) the date on which the Comptroller Gen-
outcomes or outcomes that increase climate (D) in paragraph (5)—
eral of the United States submits to the
vulnerability. (i) in subparagraph (A)(i), by striking
President and Congress the third assessment
(vi) SOCIAL EQUITY.—
report under subsection (e)(3); and ‘‘(6)(A)(ii)’’ and inserting ‘‘(7)(A)(ii)’’; and
(I) Ensuring that the costs, benefits, and
(2) the date that is the last day of fiscal (ii) by striking ‘‘(6)(A)(i)(I)’’ each place it
risks resulting from climate resilience ef-
year 2033. appears and inserting ‘‘(7)(A)(i)(I)’’;
forts, including funding allocations, the
(E) by redesignating paragraph (6) as para-
methodologies for determining funding allo- SA 5803. Mr. REED (for himself and graph (7); and
cations, and existing and future policies, are
equitably distributed among sectors of soci- Ms. COLLINS) submitted an amendment (F) by inserting after paragraph (5) the fol-
intended to be proposed to amendment lowing:
ety, types of communities, and geographies.
SA 5499 submitted by Mr. REED (for ‘‘(6) LIMIT INCREASE.—The Secretary may
(II) Ensuring that federally supported cli-
himself and Mr. INHOFE) and intended increase the amount of financial assistance
mate resilience efforts are—
provided per dwelling unit under this part
(aa) designed in consultation with the com- to be proposed to the bill H.R. 7900, to
beyond the limit specified in paragraph (1) if
munities that will be affected by those ef- authorize appropriations for fiscal year the Secretary determines that market condi-
forts; and 2023 for military activities of the De- tions require such an increase to achieve the
(bb) centered on the needs of those commu- partment of Defense, for military con- purposes of this part.’’.
nities.
struction, and for defense activities of (2) CONFORMING AMENDMENT.—Section
(III) To the greatest extent practicable, in-
tegrating social equity considerations across the Department of Energy, to prescribe 414D(b)(1)(C) of the Energy Conservation and
military personnel strengths for such Production Act (42 U.S.C. 6864d(b)(1)(C)) is
all aspects of the Strategy.
fiscal year, and for other purposes; amended by striking ‘‘415(c)(6)(A)’’ and in-
(2) IMPLEMENTATION PLAN.—Concurrently
which was ordered to lie on the table; serting ‘‘415(c)(7)’’.
with the Strategy and each update of the
Strategy, the Chief Resilience Officer and as follows: SA 5804. Mr. PORTMAN submitted an
the Working Groups shall jointly and simul- At the appropriate place, insert the fol-
taneously submit to the President and Con-
amendment intended to be proposed to
lowing: amendment SA 5499 submitted by Mr.
gress an Implementation Plan that describes SEC. ll. WEATHERIZATION ASSISTANCE PRO-
how represented agencies intend to carry out GRAM. REED (for himself and Mr. INHOFE) and
the Strategy, which shall include— (a) WEATHERIZATION READINESS FUND.— intended to be proposed to the bill H.R.
(A) a description of the roles and respon- Section 414 of the Energy Conservation and 7900, to authorize appropriations for
sibilities of each represented agency in car- Production Act (42 U.S.C. 6864) is amended fiscal year 2023 for military activities
SSpencer on DSK126QN23PROD with SENATE
rying out each element of the Strategy de- by adding at the end the following: of the Department of Defense, for mili-
scribed in paragraph (1); ‘‘(d) WEATHERIZATION READINESS FUND.— tary construction, and for defense ac-
(B) a plan to enter into such interagency ‘‘(1) IN GENERAL.—The Secretary shall es-
tivities of the Department of Energy,
agreements between and among represented tablish a fund, to be known as the ‘Weather-
agencies, partnerships with non-Federal en- ization Readiness Fund’, from which the Sec- to prescribe military personnel
tities, and other agreements for coordination retary shall distribute funds to States re- strengths for such fiscal year, and for
between and among the Federal Government ceiving financial assistance under this part, other purposes; which was ordered to
and non-Federal partners as may be nec- in accordance with subsection (a). lie on the table; as follows:
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S5278 CONGRESSIONAL RECORD — SENATE September 28, 2022
At the appropriate place, insert the fol- to economic security and trade, as such mat- (B) in subparagraph (B), by adding at the
lowing: ters relate to the mission and the operations end the following:
SEC. ll. DHS TRADE AND ECONOMIC SECURITY of the Department. ‘‘(vi) Any gift to an institution of higher
COUNCIL. ‘‘(3) ADDITIONAL RESPONSIBILITIES.—In addi- education from a foreign person, or the entry
(a) ESTABLISHMENT OF THE DHS TRADE AND tion to the duties specified in paragraph (2), into a contract by such an institution with a
ECONOMIC SECURITY COUNCIL.— the Assistant Secretary for Trade and Eco- foreign person, if—
(1) DEFINITIONS.—In this subsection: nomic Security, at the direction of the ‘‘(I)(aa) the value of the gift or contract
(A) COUNCIL.—The term ‘‘Council’’ means Under Secretary for Strategy, Policy, and equals or exceeds $1,000,000; or
the DHS Trade and Economic Security Coun- Plans, may— ‘‘(bb) the institution receives, directly or
cil established under paragraph (2). ‘‘(A) oversee— indirectly, more than one gift from or enters
(B) DEPARTMENT.—The term ‘‘Department’’ ‘‘(i) coordination of supply chain policy; into more than one contract, directly or in-
means the Department of Homeland Secu- and directly, with the same foreign person for
rity. ‘‘(ii) assessments and reports to Congress the same purpose the aggregate value of
(C) ECONOMIC SECURITY.—The term ‘‘eco- related to critical economic security do- which, during the period of 2 consecutive cal-
nomic security’’ has the meaning given that mains; endar years, equals or exceeds $1,000,000; and
term in section 890B(c)(2) of the Homeland ‘‘(B) serve as the representative of the ‘‘(II) the gift or contract—
Security Act of 2002 (6 U.S.C. 474(c)(2)). Under Secretary for Strategy, Policy, and ‘‘(aa) relates to research, development, or
(D) SECRETARY.—The term ‘‘Secretary’’ Plans for the purposes of representing the production of critical technologies and pro-
means the Secretary of Homeland Security. Department on—
vides the foreign person potential access to
(2) DHS TRADE AND ECONOMIC SECURITY ‘‘(i) the Committee on Foreign Investment
any material nonpublic technical informa-
COUNCIL.—In accordance with the mission of in the United States; and
the Department under section 101(b) of the tion (as defined in subparagraph (D)(ii)) in
‘‘(ii) the Committee for the Assessment of
Homeland Security Act of 2002 (6 U.S.C. the possession of the institution; or
Foreign Participation in the United States
111(b)), and in particular paragraph (1)(F) of ‘‘(bb) is a restricted or conditional gift or
Telecommunications Services Sector;
that section, the Secretary shall establish a contract (as defined in section 117(h) of the
‘‘(C) coordinate with stakeholders in other
standing council of component heads or their Higher Education Act of 1965 (20 U.S.C.
Federal departments and agencies and non-
designees within the Department, which governmental entities with trade and eco- 1011f(h))) that establishes control.’’; and
shall be known as the ‘‘DHS Trade and Eco- nomic security interests, authorities, and re- (C) by adding at the end the following:
nomic Security Council’’. sponsibilities; and ‘‘(G) FOREIGN GIFTS TO AND CONTRACTS WITH
(3) DUTIES OF THE COUNCIL.—Pursuant to INSTITUTIONS OF HIGHER EDUCATION.—For pur-
‘‘(D) perform such additional duties as the
the scope of the mission of the Department Secretary or the Under Secretary of Strat- poses of subparagraph (B)(vi):
as described in paragraph (2), the Council egy, Policy, and Plans may prescribe. ‘‘(i) CONTRACT.—The term ‘contract’ means
shall provide to the Secretary advice and ‘‘(4) DEFINITIONS.—In this subsection: any agreement for the acquisition by pur-
recommendations on matters of trade and ‘‘(A) CRITICAL ECONOMIC SECURITY DOMAIN.— chase, lease, or barter of property or services
economic security, including— The term ‘critical economic security do- by a foreign person, for the direct benefit or
(A) identifying concentrated risks for trade main’ means any infrastructure, industry, use of either of the parties.
and economic security; technology, or intellectual property (or com- ‘‘(ii) GIFT.—The term ‘gift’ means any gift
(B) setting priorities for securing the trade bination thereof) that is essential for the of money or property.
and economic security of the United States; economic security of the United States. ‘‘(iii) INSTITUTION OF HIGHER EDUCATION.—
(C) coordinating Department-wide activity ‘‘(B) ECONOMIC SECURITY.—The term ‘eco- The term ‘institution of higher education’
on trade and economic security matters; nomic security’ has the meaning given that means any institution, public or private, or,
(D) with respect to the development of the term in section 890B(c)(2).’’. if a multicampus institution, any single
continuity of the economy plan of the Presi- (c) RULE OF CONSTRUCTION.—Nothing in campus of such institution, in any State—
dent under section 9603 of the William M. this section or the amendments made by this ‘‘(I) that is legally authorized within such
(Mac) Thornberry National Defense Author- section shall be construed to affect or dimin- State to provide a program of education be-
ization Act of Fiscal Year 2021 (6 U.S.C. 322); ish the authority otherwise granted to any yond secondary school;
(E) proposing statutory and regulatory other officer of the Department of Homeland ‘‘(II) that provides a program for which the
changes impacting trade and economic secu- Security. institution awards a bachelor’s degree (or
rity; and --- provides not less than a 2-year program
(F) any other matters the Secretary con- SA 5805. Mr. RISCH submitted an which is acceptable for full credit toward
siders appropriate. amendment intended to be proposed to such a degree) or a more advanced degree;
(4) CHAIR AND VICE CHAIR.—The Under Sec- amendment SA 5499 submitted by Mr. ‘‘(III) that is accredited by a nationally
retary for Strategy, Policy, and Plans of the REED (for himself and Mr. INHOFE) and recognized accrediting agency or associa-
Department— tion; and
intended to be proposed to the bill H.R.
(A) shall serve as Chair of the Council; and ‘‘(IV) to which the Federal Government ex-
7900, to authorize appropriations for tends Federal financial assistance (directly
(B) may designate a Council member as a fiscal year 2023 for military activities
Vice Chair. or indirectly through another entity or per-
of the Department of Defense, for mili- son), or that receives support from the ex-
(5) MEETINGS.—The Council shall meet not
less frequently than quarterly, as well as—
tary construction, and for defense ac- tension of Federal financial assistance to
(A) at the call of the Chair; or tivities of the Department of Energy, any of the institution’s subunits.’’.
(B) at the direction of the Secretary. to prescribe military personnel (2) MANDATORY DECLARATIONS.—Subsection
(6) BRIEFINGS.—Not later than 180 days strengths for such fiscal year, and for (b)(1)(C)(v)(IV)(aa) of such section is amend-
after the date of enactment of this Act and other purposes; which was ordered to ed by adding at the end the following: ‘‘Such
every 180 days thereafter for 4 years, the lie on the table; as follows: regulations shall require a declaration under
Council shall brief the Committee on Home- this subclause with respect to a covered
At the end of subtitle F of title XII, add
land Security and Governmental Affairs of transaction described in subsection
the following:
the Senate and the Committee on Homeland (a)(4)(B)(vi)(II)(aa).’’.
SEC. 1276. REVIEW BY COMMITTEE ON FOREIGN
Security of the House of Representatives on INVESTMENT IN THE UNITED (3) FACTORS TO BE CONSIDERED.—Subsection
the actions and activities of the Council. STATES OF CERTAIN FOREIGN GIFTS (f) of such section is amended—
(b) ASSISTANT SECRETARY FOR TRADE AND TO AND CONTRACTS WITH INSTITU- (A) in paragraph (10), by striking ‘‘; and’’
ECONOMIC SECURITY.—Section 709 of the TIONS OF HIGHER EDUCATION. and inserting a semicolon;
Homeland Security Act of 2002 (6 U.S.C. 349) (a) AMENDMENTS TO DEFENSE PRODUCTION (B) by redesignating paragraph (11) as
is amended— ACT OF 1950.— paragraph (12); and
(1) by redesignating subsection (g) as sub- (1) DEFINITION OF COVERED TRANSACTION.— (C) by inserting after paragraph (10) the
section (h); and Subsection (a)(4) of section 721 of the Defense following:
(2) by inserting after subsection (f) the fol- Production Act of 1950 (50 U.S.C. 4565) is ‘‘(11) as appropriate, and particularly with
lowing: amended— respect to covered transactions described in
‘‘(g) ASSISTANT SECRETARY FOR TRADE AND (A) in subparagraph (A)— subsection (a)(4)(B)(vi), the importance of
ECONOMIC SECURITY.— (i) in clause (i), by striking ‘‘; and’’ and in- academic freedom at institutions of higher
‘‘(1) IN GENERAL.—There is established serting a semicolon; education in the United States; and’’.
SSpencer on DSK126QN23PROD with SENATE
within the Office of Strategy, Policy, and (ii) in clause (ii), by striking the period at (4) MEMBERSHIP OF CFIUS.—Subsection (k)
Plans an Assistant Secretary for Trade and the end and inserting ‘‘; and’’; and of such section is amended—
Economic Security. (iii) by adding at the end the following: (A) in paragraph (2)—
‘‘(2) DUTIES.—At the direction of the Under ‘‘(iii) any transaction described in subpara- (i) by redesignating subparagraphs (H), (I),
Secretary for Strategy, Policy, and Plans, graph (B)(vi) proposed or pending after the and (J) as subparagraphs (I), (J), and (K), re-
the Assistant Secretary for Trade and Eco- date of the enactment of the National De- spectively; and
nomic Security shall be responsible for pol- fense Authorization Act for Fiscal Year (ii) by inserting after subparagraph (G) the
icy formulation regarding matters relating 2023.’’; following:
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5279
‘‘(H) In the case of a covered transaction ments made by subsection (a), including of the Department of Defense, for mili-
involving an institution of higher education structuring penalties and filing fees to re- tary construction, and for defense ac-
(as defined in subsection (a)(4)(G)), the Sec- duce such burdens, shortening timelines for tivities of the Department of Energy,
retary of Education.’’; and reviews and investigations, allowing for sim-
(B) by adding at the end the following: plified and streamlined declaration and no-
to prescribe military personnel
‘‘(8) INCLUSION OF OTHER AGENCIES ON COM- tice requirements, and implementing any strengths for such fiscal year, and for
MITTEE.—In considering including on the procedures necessary to protect academic other purposes; which was ordered to
Committee under paragraph (2)(K) the heads freedom; and lie on the table; as follows:
of other executive departments, agencies, or (B) guidance with respect to— At the appropriate place, insert the fol-
offices, the President shall give due consider- (i) which gifts and contracts described in lowing:
ation to the heads of relevant research and described in clause (vi)(II)(aa) of subsection SEC. llll. GOVERNMENT ACCOUNTABILITY
science agencies, departments, and offices, (a)(4)(B) of section 721 of the Defense Produc- OFFICE UNIMPLEMENTED PRIORITY
including the Secretary of Health and tion Act of 1950, as added by subsection RECOMMENDATIONS.
Human Services, the Director of the Na- (a)(1), would be subject to filing mandatory The Comptroller General of the United
tional Institutes of Health, and the Director declarations under subsection (b)(1)(C)(v)(IV) States shall, as part of the Comptroller Gen-
of the National Science Foundation.’’. of that section; and eral’s annual reporting to committees of
(5) CONTENTS OF ANNUAL REPORT RELATING (ii) the meaning of ‘‘control’’, as defined in Congress—
TO CRITICAL TECHNOLOGIES.—Subsection subsection (a) of that section, as that term (1) consolidate Matters for Congressional
(m)(3) of such section is amended— applies to covered transactions described in Consideration from the Government Ac-
(A) in subparagraph (B), by striking ‘‘; clause (vi) of paragraph (4)(B) of that sec- countability Office in one report organized
and’’ and inserting a semicolon; tion, as added by subsection (a)(1). by policy topic that includes the amount of
(B) in subparagraph (C), by striking the pe- (3) ISSUANCE OF FINAL RULE.—The Com- time such Matters have been unimplemented
riod at the end and inserting a semicolon; mittee shall issue a final rule to carry out and submit such report to congressional
and the amendments made by subsection (a) leadership and the oversight committees of
(C) by adding at the end the following: after assessing the findings of the pilot pro- each House;
‘‘(D) an evaluation of whether there are gram required by subsection (e). (2) with respect to the annual letters sent
foreign malign influence or espionage activi- (e) PILOT PROGRAM.— by the Comptroller General to individual
ties directed or directly assisted by foreign (1) IN GENERAL.—Beginning on the date agency heads and relevant congressional
governments against institutions of higher that is 30 days after the publication in the committees on the status of unimplemented
education (as defined in subsection (a)(4)(G)) Federal Register of the matter required by priority recommendations, identify any ad-
aimed at obtaining research and develop- paragraph (2) and ending on the date that is ditional congressional oversight actions that
ment methods or secrets related to critical 570 days thereafter, the Committee shall con- can help agencies implement such priority
technologies; and duct a pilot program to assess methods for recommendations and address any under-
‘‘(E) an evaluation of, and recommendation implementing the review of covered trans- lying issues relating to such implementa-
for any changes to, reviews conducted under actions described in clause (vi) of section tion;
this section that relate to institutions of 721(a)(4)(B) of the Defense Production Act of (3) make publicly available the informa-
higher education, based on an analysis of dis- 1950, as added by subsection (a)(1). tion described in paragraphs (1) and (2); and
closure reports submitted to the chairperson (2) PROPOSED DETERMINATION.—Not later (4) publish any known costs of
under section 117(a) of the Higher Education than 270 days after the date of the enactment unimplemented priority recommendations, if
Act of 1965 (20 U.S.C. 1011f(a)).’’. of this Act, the Committee shall, in con- applicable.
(b) INCLUSION OF CFIUS IN REPORTING ON sultation with the Secretary of Education,
FOREIGN GIFTS UNDER HIGHER EDUCATION ACT publish in the Federal Register— SA 5807. Mr. PORTMAN submitted an
OF 1965.—Section 117 of the Higher Education (A) a proposed determination of the scope amendment intended to be proposed to
Act of 1965 (20 U.S.C. 1011f) is amended— of and procedures for the pilot program re- amendment SA 5499 submitted by Mr.
(1) in subsection (a), by inserting after quired by paragraph (1); REED (for himself and Mr. INHOFE) and
‘‘the Secretary’’ the following: ‘‘and the Sec- (B) an assessment of the burden on institu-
retary of the Treasury (in the capacity of the intended to be proposed to the bill H.R.
tions of higher education likely to result 7900, to authorize appropriations for
Secretary as the chairperson of the Com- from compliance with the pilot program;
mittee on Foreign Investment in the United fiscal year 2023 for military activities
(C) recommendations for addressing any
States under section 721(k)(3) of the Defense such burdens, including shortening timelines of the Department of Defense, for mili-
Production Act of 1950 (50 U.S.C. for reviews and investigations, structuring tary construction, and for defense ac-
4565(k)(3)))’’; and penalties and filing fees, and simplifying and tivities of the Department of Energy,
(2) in subsection (d)— streamlining declaration and notice require- to prescribe military personnel
(A) in paragraph (1)— ments to reduce such burdens; and strengths for such fiscal year, and for
(i) by striking ‘‘with the Secretary’’ and (D) any procedures necessary to ensure
inserting ‘‘with the Secretary and the Sec- other purposes; which was ordered to
that the pilot program does not infringe lie on the table; as follows:
retary of the Treasury’’; and upon academic freedom.
(ii) by striking ‘‘to the Secretary’’ and in- At the appropriate place, insert the fol-
(3) REPORT ON FINDINGS.—Upon conclusion
serting ‘‘to each such Secretary’’; and lowing:
of the pilot program required by paragraph
(B) in paragraph (2), by striking ‘‘with the SEC. lllll. TECHNOLOGICAL HAZARDS PRE-
(1), the Committee shall submit to Congress PAREDNESS TRAINING.
Secretary’’ and inserting ‘‘with the Sec- a report on the findings of that pilot pro-
retary and the Secretary of the Treasury’’. (a) DEFINITIONS.—In this section:
gram that includes—
(c) EFFECTIVE DATE; APPLICABILITY.—The (1) ADMINISTRATOR.—The term ‘‘Adminis-
(A) a summary of the reviews conducted by
amendments made by subsection (a) shall— trator’’ means the Administrator of the Fed-
the Committee under the pilot program and
(1) take effect on the date of the enactment eral Emergency Management Agency.
the outcome of such reviews;
of this Act, subject to the requirements of (2) INDIAN TRIBAL GOVERNMENT.—The term
(B) an assessment of any additional re-
subsections (d) and (e); and ‘‘Indian Tribal government’’ has the mean-
sources required by the Committee to carry
(2) apply with respect to any covered trans- ing given the term ‘‘Indian tribal govern-
out this section or the amendments made by
action the review or investigation of which ment’’ in section 102 of the Robert T. Staf-
subsection (a);
is initiated under section 721 of the Defense ford Disaster Relief and Emergency Assist-
(C) findings regarding the additional bur-
Production Act of 1950 on or after the date ance Act (42 U.S.C. 5122).
den on institutions of higher education like-
that is 30 days after the publication in the (3) LOCAL GOVERNMENT; STATE.—The terms
ly to result from compliance with the
Federal Register of the notice required under ‘‘local government’’ and ‘‘State’’ have the
amendments made by subsection (a) and any
subsection (e)(2). meanings given those terms in section 102 of
additional recommended steps to reduce
(d) REGULATIONS.— the Robert T. Stafford Disaster Relief and
those burdens; and
(1) IN GENERAL.—The Committee on For- Emergency Assistance Act (42 U.S.C. 5122).
(D) any recommendations for Congress to
eign Investment in the United States (in this (4) TECHNOLOGICAL HAZARD AND RELATED
consider regarding the scope or procedures
section referred to as the ‘‘Committee’’), EMERGING THREAT.—The term ‘‘technological
described in this section or the amendments
which shall include the Secretary of Edu- hazard and related emerging threat’’—
made by subsection (a).
cation for purposes of this subsection, shall (A) means a hazard that involves materials
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prescribe regulations as necessary and appro- SA 5806. Mr. PORTMAN submitted an created by humans that pose a unique hazard
priate to implement the amendments made to the general public and environment and
amendment intended to be proposed to
by subsection (a). which may result from—
(2) ELEMENTS.—The regulations prescribed amendment SA 5499 submitted by Mr. (i) an accident;
under paragraph (1) shall include— REED (for himself and Mr. INHOFE) and (ii) an emergency caused by another haz-
(A) regulations accounting for the burden intended to be proposed to the bill H.R. ard; or
on institutions of higher education likely to 7900, to authorize appropriations for (iii) intentional use of the hazardous mate-
result from compliance with the amend- fiscal year 2023 for military activities rials; and
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S5280 CONGRESSIONAL RECORD — SENATE September 28, 2022
(B) includes a chemical, radiological, bio- REED (for himself and Mr. INHOFE) and tivities carried out to test and evaluate the
logical, and nuclear hazard. intended to be proposed to the bill H.R. national preparedness goal and related plans
(b) ASSISTANCE AND TRAINING FOR COMMU- 7900, to authorize appropriations for and strategies as described in section 648(b)
NITIES WITH TECHNOLOGICAL HAZARDS AND of the Post-Katrina Emergency Management
RELATED EMERGING THREATS.—
fiscal year 2023 for military activities
Reform Act of 2006 (6 U.S.C. 748(b)).
(1) IN GENERAL.—The Administrator shall of the Department of Defense, for mili- (9) TRIBAL GOVERNMENT.—The term ‘‘Tribal
maintain the capacity to provide States and tary construction, and for defense ac- government’’ means the recognized gov-
local governments with technological haz- tivities of the Department of Energy, erning body of any Indian or Alaska Native
ards and related emerging threats technical to prescribe military personnel Tribe, band, nation, pueblo, village, commu-
assistance, training, and other preparedness strengths for such fiscal year, and for nity, component band, or component res-
programming to build community resilience other purposes; which was ordered to ervation, that is individually identified (in-
to technological hazards and related emerg- lie on the table; as follows: cluding parenthetically) in the most recent
ing threats. list published pursuant to section 104 of the
(2) AUTHORITIES.—The Administrator shall At the end, add the following: Federally Recognized Indian Tribe List Act
carry out paragraph (1) in accordance with— DIVISION E—GLOBAL CASTROPHIC RISK of 1994 (25 U.S.C. 5131).
(A) the Robert T. Stafford Disaster Relief MANAGEMENT ACT OF 2022 SEC. 5003. INTERAGENCY COMMITTEE ON GLOB-
and Emergency Assistance Act (42 U.S.C. SEC. 5001. SHORT TITLE. AL CATASTROPHIC RISK.
5121 et seq.); This Act may be cited as the ‘‘Global Cata- (a) ESTABLISHMENT.—Not later than 90 days
(B) section 1236 of the Disaster Recovery strophic Risk Management Act of 2022’’. after the date of enactment of this Act, the
Reform Act of 2018 (42 U.S.C. 5196g); and SEC. 5002. DEFINITIONS. President shall establish an interagency
(C) the Post-Katrina Emergency Manage- In this division: committee on global catastrophic risk.
ment Reform Act of 2006 (Public Law 109–295; (1) BASIC NEED.—The term ‘‘basic need’’— (b) MEMBERSHIP.—The committee shall in-
120 Stat. 1394). (A) means any good, service, or activity clude senior representatives of—
(3) ASSESSMENT AND NOTIFICATION.—In car- necessary to protect the health, safety, and (1) the Assistant to the President for Na-
rying out paragraph (1), the Administrator general welfare of the civilian population of tional Security Affairs;
shall— the United States; and (2) the Director of the Office of Science and
(A) use any available and appropriate (B) includes— Technology Policy;
multi-hazard risk assessment and mapping (i) food; (3) the Director of National Intelligence
tools and capabilities to identify the commu- (ii) water; and the Director of the National Intelligence
nities that have the highest risk of and vul- (iii) shelter; Council;
nerability to a technological hazard in each (iv) basic communication services; (4) the Secretary of Homeland Security and
State; and (v) basic sanitation and health services; the Administrator of the Federal Emergency
(B) ensure each State and Indian Tribal and Management Agency;
government is aware of— (vi) public safety. (5) the Secretary of State and the Under
(i) the communities identified under sub- (2) CATASTROPHIC INCIDENT.—The term Secretary of State for Arms Control and
paragraph (A); and ‘‘catastrophic incident’’— International Security;
(ii) the availability of programming under (A) means any natural or man-made dis- (6) the Attorney General and the Director
this section for— aster that results in extraordinary levels of of the Federal Bureau of Investigation;
(I) technological hazards and related casualties or damage, mass evacuations, or (7) the Secretary of Energy, the Under Sec-
emerging threats preparedness; and disruption severely affecting the population, retary of Energy for Nuclear Security, and
(II) building community capability. infrastructure, environment, economy, na- the Director of Science;
(4) REPORT.—Not later than 1 year after tional morale, or government functions in an (8) the Secretary of Health and Human
the date of enactment of this Act, and annu- area; and Services, the Assistant Secretary for Pre-
ally thereafter, the Administrator shall sub- (B) may include an incident— paredness and Response, and the Assistant
mit to the Committee on Homeland Security (i) with a sustained national impact over a Secretary of Global Affairs;
and Governmental Affairs of the Senate, the prolonged period of time; (9) the Secretary of Commerce, the Under
Committee on Appropriations of the Senate, (ii) that may rapidly exceed resources Secretary of Commerce for Oceans and At-
the Committee on Homeland Security of the available to State and local government and mosphere, and the Under Secretary of Com-
House of Representatives, the Committee on private sector authorities in the impacted merce for Standards and Technology;
Appropriations of the House of Representa- area; or (10) the Secretary of the Interior and the
tives, and the Committee on Transportation (iii) that may significantly interrupt gov- Director of the United States Geological
and Infrastructure of the House of Rep- ernmental operations and emergency serv- Survey;
resentatives a report relating to— ices to such an extent that national security (11) the Administrator of the Environ-
(A) actions taken to implement this sec- could be threatened. mental Protection Agency and the Assistant
tion; and (3) COMMITTEE.—The term ‘‘committee’’ Administrator for Water;
(B) technological hazards and related means the interagency committee on global (12) the Administrator of the National Aer-
emerging threats preparedness programming catastrophic risk established under section onautics and Space Administration;
provided under this section during the 1-year 5003. (13) the Director of the National Science
period preceding the date of submission of (4) CRITICAL INFRASTRUCTURE.—The term Foundation;
the report. ‘‘critical infrastructure’’ has the meaning (14) the Secretary of the Treasury;
(5) CONSULTATION.—The Secretary of given the term in section 1016(e) of the Crit- (15) the Chair of the Board of Governors of
Homeland Security may seek continuing ical Infrastructure Protection Act of 2001 (42 the Federal Reserve System;
input relating to technological hazards and U.S.C. 5195c(e)). (16) the Secretary of Defense, the Assistant
related emerging threats preparedness needs (5) EXISTENTIAL RISK.—The term ‘‘existen- Secretary of the Army for Civil Works, and
by consulting State, Tribal, territorial, and tial risk’’ means the potential for an out- the Chief of Engineers and Commanding Gen-
local emergency services organizations and come that would result in human extinction. eral of the Army Corps of Engineers;
private sector stakeholders. (6) GLOBAL CATASTROPHIC RISK.—The term (17) the Chairman of the Joint Chiefs of
(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘global catastrophic risk’’ means the risk of Staff;
There are authorized to be appropriated to events or incidents consequential enough to (18) the Administrator of the United States
carry out this section $20,000,000 for each of significantly harm, set back, or destroy Agency for International Development; and
fiscal years 2023 through 2024. human civilization at the global scale. (19) other stakeholders the President deter-
(d) SAVINGS PROVISION.—Nothing in this (7) GLOBAL CATASTROPHIC AND EXISTENTIAL mines appropriate.
section shall diminish or divert resources THREATS.—The term ‘‘global catastrophic (c) CHAIRMANSHIP.—The committee shall be
from— and existential threats’’ means those threats co-chaired by a senior representative of the
(1) the full completion of federally-led that with varying likelihood can produce President and the Deputy Administrator of
chemical surety material storage missions consequences severe enough to result in sig- the Federal Emergency Management Agency
or chemical demilitarization missions that nificant harm or destruction of human civili- for Resilience.
are underway as of the date of enactment of zation at the global scale, or lead to human SEC. 5004. REPORT REQUIRED.
this Act; or extinction. Examples of global catastrophic (a) IN GENERAL.—Not later than 1 year
SSpencer on DSK126QN23PROD with SENATE
(2) any transitional activities or other and existential threats include severe global after the date of enactment of this Act, and
community assistance incidental to the com- pandemics, nuclear war, asteroid and comet every 10 years thereafter, the President, with
pletion of the missions described in para- impacts, supervolcanoes, sudden and severe support from the committee, shall conduct
graph (1). changes to the climate, and intentional or and submit to Congress a report containing a
--- accidental threats arising from the use and detailed assessment of global catastrophic
SA 5808. Mr. PORTMAN submitted an development of emerging technologies. and existential risk.
amendment intended to be proposed to (8) NATIONAL EXERCISE PROGRAM.—The (b) MATTERS COVERED.—Each report re-
amendment SA 5499 submitted by Mr. term ‘‘national exercise program’’ means ac- quired under subsection (a) shall include —
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5281
(1) expert estimates of cumulative global (2) an assessment of the need to revise Ex- of the United States to provide for the gen-
catastrophic and existential risk in the next ecutive Order 13961 (85 Fed. Reg. 79379; relat- eral welfare;
30 years, including separate estimates for the ing to governance and integration of Federal (5) how the strategy will be implemented
likelihood of occurrence and potential con- mission resilience), Presidential Policy Di- should multiple levels of critical infrastruc-
sequences; rective–40 (July 15, 2016; relating to national ture be destroyed or taken offline entirely
(2) expert-informed analyses of the risk of continuity policy), or successor policies to for an extended period of time; and
the most concerning specific global cata- account for global catastrophic and existen- (6) the authorities the President would im-
strophic and existential threats, including tial risk cumulatively or for particular plicate in responding to a catastrophic inci-
separate estimates, where reasonably fea- threats; dent.
sible and credible, of each threat for its like- (3) an assessment of any technology gaps (c) ASSUMPTIONS.—In designing the strat-
lihood of occurrence and its potential con- limiting mitigation of global catastrophic egy under subsection (a), the President shall
sequences, as well as associated uncertain- and existential risks for continuity of oper- account for certain factors to make the
ties; ations and continuity of government plans; strategy operationally viable, including the
(3) a comprehensive list of potential cata- (4) a budget proposal for continuity of gov- assumption that—
strophic or existential threats, including ernment and continuity of operations pro- (1) multiple levels of critical infrastructure
even those that may have very low likeli- grams necessary to adequately maintain na- have been taken offline or destroyed by cata-
hood; tional essential functions during global ca- strophic incidents or the effects of cata-
(4) technical assessments and lay expla- tastrophes; strophic incidents;
nations of the analyzed global catastrophic (5) recommendations for legislative actions (2) impacted sectors may include—
and existential risks, including their quali- and technology development and implemen- (A) the transportation sector;
tative character and key factors affecting tation actions necessary to improve con- (B) the communication sector;
their likelihood of occurrence and potential tinuity of government and continuity of op- (C) the energy sector;
consequences; erations plans and programs; (D) the healthcare and public health sec-
(5) an explanation of any factors that limit (6) a plan for increased senior leader in- tor;
the ability of the President to assess the risk volvement in continuity of operations and (E) the water and wastewater sector; and
both cumulatively and for particular continuity of government exercises; and (F) the financial sector;
threats, and how those limitations may be (7) other matters deemed appropriate by (3) State, local, Tribal, and territorial gov-
overcome through future research or with the co-chairs of the committee. ernments have been equally affected or made
additional resources, programs, or authori- (c) FORM.—The report required under sub- largely inoperable by catastrophic incidents
ties; section (a) shall be submitted in unclassified or the effects of catastrophic incidents;
(6) a review of the effectiveness of intel- form, but may include a classified annex. (4) the emergency has exceeded the re-
ligence collection, early warning and detec- SEC. 5006. ENHANCED CATASTROPHIC INCIDENT sponse capabilities of State and local govern-
ANNEX.
tion systems, or other functions and pro- ments under the Robert T. Stafford Disaster
(a) IN GENERAL.—The President, with sup- Relief and Emergency Assistance Act (42
grams necessary to evaluate the risk of par-
port from the committee, shall supplement
ticular global catastrophic and existential U.S.C. 5121 et seq.) and other relevant dis-
each Federal Interagency Operational Plan
threats, if any exist and as applicable for aster response laws; and
to include an annex containing a strategy to
particular threats; (5) the United States military is suffi-
ensure the health, safety, and general wel-
(7) a forecast of if and why global cata- ciently engaged in armed or cyber conflict
fare of the civilian population affected by
strophic and existential risk is likely to in- catastrophic incidents by— with State or non-State adversaries, or is
crease or decrease significantly in the next (1) providing for the basic needs of the ci- otherwise unable to augment domestic re-
30 years, both qualitatively and quan- vilian population of the United States that is sponse capabilities in a significant manner
titatively, as well as a description of associ- impacted by catastrophic incidents in the due to a catastrophic incident.
ated uncertainties; (d) EXISTING PLANS.—The President may
United States;
(8) proposals for how the Federal Govern- incorporate existing contingency plans in
(2) coordinating response efforts with State
ment may more adequately assess global the strategy developed under subsection (a)
and local governments, the private sector,
catastrophic and existential risk on an ongo- so long as those contingency plans are
and nonprofit relief organizations;
ing basis in future years; amended to be operational in accordance
(3) promoting personal and local readiness
(9) recommendations for legislative ac- with the requirements under this section.
and non-reliance on government relief dur-
tions, as appropriate, to support the evalua- (e) AVAILABILITY.—The strategy developed
ing periods of heightened tension or after
tion and assessment of global catastrophic under subsection (a) shall be available to the
catastrophic incidents; and
and existential risk; and public but may include a classified, or other
(4) developing international partnerships
(10) other matters deemed appropriate by restricted, annex to be made available to the
with allied nations for the provision of relief
the President. appropriate committees of Congress and ap-
services and goods.
(c) CONSULTATION REQUIREMENT.—In pro- (b) ELEMENTS OF THE STRATEGY.—The propriate government entities.
ducing the report required under subsection strategy required under subsection (a) shall SEC. 5007. VALIDATION OF THE STRATEGY
(a), the President, with support from the THROUGH AN EXERCISE.
include a description of—
committee, shall regularly consult with ex- (1) actions the President will take to en- Not later than 1 year after the addition of
perts on global catastrophic and existential sure the basic needs of the civilian popu- the annex required under section 5006, the
risks, including from non-governmental, aca- lation of the United States in a catastrophic Department of Homeland Security shall lead
demic, and private sector institutions. incident are met; an exercise as part of the national exercise
(d) FORM.—The report required under sub- (2) how the President will coordinate with program, in coordination with the com-
section (a) shall be submitted in unclassified non-Federal entities to multiply resources mittee, to test and enhance the
form, but may include a classified annex. and enhance relief capabilities, including— operationalization of the strategy required
SEC. 5005. REPORT ON CONTINUITY OF OPER- (A) State and local governments; under section 5006.
ATIONS AND CONTINUITY OF GOV- (B) Tribal governments; SEC. 5008. RECOMMENDATIONS.
ERNMENT PLANNING. (C) State disaster relief agencies; (a) IN GENERAL.—The President shall pro-
(a) IN GENERAL.—Not later than 180 days (D) State and local disaster relief man- vide recommendations to Congress for—
after the submission of the report required agers; (1) actions that should be taken to prepare
under section 5004, the President, with sup- (E) State National Guards; the United States to implement the strategy
port from the committee, shall produce a re- (F) law enforcement and first response en- required under section 5006, increase readi-
port on the adequacy of continuity of oper- tities; and ness, and address preparedness gaps for re-
ations and continuity of government plans (G) nonprofit relief services; sponding to the impacts of catastrophic inci-
based on the assessed global catastrophic (3) actions the President will take to en- dents on citizens of the United States; and
and existential risk. hance individual resiliency to the effects of a (2) additional authorities that should be
(b) MATTERS COVERED.—The report re- catastrophic incident, which actions shall in- considered for Federal agencies and the
quired under subsection (a) shall include— clude— President to more effectively implement the
(1) a detailed assessment of the ability of (A) readiness alerts to the public during strategy required under section 5006.
continuity of government and continuity of periods of elevated threat; (b) INCLUSION IN REPORTS.—The President
operations plans and programs, as defined by (B) efforts to enhance domestic supply and may include the recommendations required
SSpencer on DSK126QN23PROD with SENATE
Executive Order 13961 (85 Fed. Reg. 79379; re- availability of critical goods and basic neces- under subsection (a) in a report submitted
lating to governance and integration of Fed- sities; and under section 5009.
eral mission resilience), Presidential Policy (C) information campaigns to ensure the SEC. 5009. REPORTING REQUIREMENTS.
Directive–40 (July 15, 2016; relating to na- public is aware of response plans and services Not later than 1 year after the date on
tional continuity policy), or successor poli- that will be activated when necessary; which Department of Homeland Security
cies, to maintain national essential func- (4) efforts the President will undertake and leads the exercise under section 5007, the
tions following global catastrophes, both cu- agreements the President will seek with President shall submit to Congress a report
mulatively and for particular threats; international allies to enhance the readiness that includes—
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S5282 CONGRESSIONAL RECORD — SENATE September 28, 2022
(1) a description of the efforts of the Presi- Transnational Criminal Investigative Unit a ‘‘(I) the Committee on Energy and Com-
dent to develop and update the strategy re- monetary stipend in an amount associated merce of the House of Representatives;
quired under section 5006; and with their duties dedicated to unit activities. ‘‘(J) the Permanent Select Committee on
(2) an after-action report following the ‘‘(e) ANNUAL BRIEFING.—The Director of Intelligence of the House of Representatives;
conduct of the exercise described in section U.S. Immigration and Customs Enforcement, ‘‘(K) the Committee on Foreign Affairs of
5007. during the 5-year period beginning on the the House of Representatives;
SEC. 5010. RULE OF CONSTRUCTION. date of the enactment of this Act, shall pro- ‘‘(L) the Committee on Armed Services of
Nothing in this division shall be construed vide an annual unclassified briefing to the the House of Representatives;
to supersede the civilian emergency manage- congressional committees referred to in sub- ‘‘(M) the Committee on Science, Space,
ment authority of the Administrator of the section (c)(2), which may include a classified and Technology of the House of Representa-
Federal Emergency Management Agency session, if necessary, that identifies— tives; and
under the Robert T. Stafford Disaster Relief ‘‘(1) the number of vetted members of ‘‘(N) the Committee on Education and
and Emergency Assistance Act (42 U.S.C. Transnational Criminal Investigative Unit Labor of the House of Representatives.
5121 et seq.) or the Post Katrina Emergency in each country; ‘‘(2) COUNCIL.—The term ‘Council’ means
Management Reform Act (6 U.S.C. 701 et ‘‘(2) the amount paid in stipends to such the Federal Research Security Council es-
seq.). members, disaggregated by country; and tablished under section 7902(a).
‘‘(3) relevant enforcement statistics, such ‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu-
SA 5809. Mr. PORTMAN (for himself as arrests and progress made on joint inves- tive agency’ has the meaning given that
and Ms. HASSAN) submitted an amend- tigations, in each such country.’’.
term in section 105 of title 5.
(c) CLERICAL AMENDMENT.—The table of
ment intended to be proposed to contents for the Homeland Security Act of
‘‘(4) FEDERAL RESEARCH SECURITY RISK.—
amendment SA 5499 submitted by Mr. The term ‘Federal research security risk’
2002 (Public Law 107–296) is amended by in-
REED (for himself and Mr. INHOFE) and means the risk posed by malign state actors
serting after the item relating to section
intended to be proposed to the bill H.R. and other persons to the security and integ-
890B the following:
rity of research and development conducted
7900, to authorize appropriations for ‘‘Sec. 890C. Transnational Criminal Inves- using research and development funds award-
fiscal year 2023 for military activities tigative Units.’’. ed by Executive agencies.
of the Department of Defense, for mili- ‘‘(5) INSIDER.—The term ‘insider’ means
tary construction, and for defense ac- SA 5810. Mr. PORTMAN submitted an any person with authorized access to any
tivities of the Department of Energy, amendment intended to be proposed to United States Government resource, includ-
to prescribe military personnel amendment SA 5499 submitted by Mr. ing personnel, facilities, information, re-
strengths for such fiscal year, and for REED (for himself and Mr. INHOFE) and search, equipment, networks, or systems.
other purposes; which was ordered to intended to be proposed to the bill H.R. ‘‘(6) INSIDER THREAT.—The term ‘insider
lie on the table; as follows: 7900, to authorize appropriations for threat’ means the threat that an insider will
fiscal year 2023 for military activities use his or her authorized access (wittingly or
At the end of subtitle B of title X, add the unwittingly) to harm the national and eco-
following: of the Department of Defense, for mili-
nomic security of the United States or nega-
SEC. 1012.STIPENDS FOR TRANSNATIONAL tary construction, and for defense ac-
tively affect the integrity of a Federal agen-
CRIMINAL INVESTIGATIVE UNITS. tivities of the Department of Energy, cy’s normal processes, including damaging
(a) SHORT TITLE.—This section may be to prescribe military personnel the United States through espionage, sabo-
cited as the ‘‘Transnational Criminal Inves- strengths for such fiscal year, and for tage, terrorism, unauthorized disclosure of
tigative Unit Stipend Act’’. other purposes; which was ordered to national security information or nonpublic
(b) IN GENERAL.—Subtitle H of title VIII of
the Homeland Security Act of 2002 (6 U.S.C.
lie on the table; as follows: information, a destructive act (which may
At the appropriate place, insert the fol- include physical harm to another in the
451 et seq.) is amended by adding at the end
lowing: workplace), or through the loss or degrada-
the following:
TITLE lll—SAFEGUARDING AMERICAN tion of departmental resources, capabilities,
‘‘SEC. 890C. TRANSNATIONAL CRIMINAL INVES-
INNOVATION and functions.
TIGATIVE UNITS.
‘‘(7) RESEARCH AND DEVELOPMENT.—
‘‘(a) IN GENERAL.—The Secretary shall op- SEC. ll01. SHORT TITLE.
‘‘(A) IN GENERAL.—The term ‘research and
erate Transnational Criminal Investigative This title may be cited as the ‘‘Safe- development’ means all research activities,
Units within United States Immigration and guarding American Innovation Act’’. both basic and applied, and all development
Customs Enforcement, Homeland Security SEC. ll02. FEDERAL RESEARCH SECURITY activities.
Investigations. COUNCIL.
‘‘(B) DEVELOPMENT.—The term ‘develop-
‘‘(b) COMPOSITION.—Each Transnational (a) IN GENERAL.—Subtitle V of title 31, ment’ means experimental development.
Criminal Investigative Unit shall be com- United States Code, is amended by adding at
posed of trained foreign law enforcement of- ‘‘(C) EXPERIMENTAL DEVELOPMENT.—The
the end the following: term ‘experimental development’ means cre-
ficials who shall collaborate with Homeland
‘‘CHAPTER 79—FEDERAL RESEARCH ative and systematic work, drawing upon
Security Investigations to investigate and
SECURITY COUNCIL knowledge gained from research and prac-
prosecute individuals involved in
transnational criminal activity. ‘‘Sec. tical experience, which—
‘‘(c) VETTING REQUIREMENT.— ‘‘7901. Definitions. ‘‘(i) is directed toward the production of
‘‘(1) IN GENERAL.—Upon entry into a ‘‘7902. Federal Research Security Council es- new products or processes or improving ex-
Transnational Criminal Investigative Unit, tablishment and membership. isting products or processes; and
and at periodic intervals while serving in ‘‘7903. Functions and authorities. ‘‘(ii) like research, will result in gaining
such a unit, foreign law enforcement offi- ‘‘7904. Strategic plan. additional knowledge.
cials shall be required to pass certain secu- ‘‘7905. Annual report. ‘‘(D) RESEARCH.—The term ‘research’—
‘‘7906. Requirements for Executive agencies. ‘‘(i) means a systematic study directed to-
rity evaluations, which may include a back-
ground check, a polygraph examination, a ‘‘§ 7901. Definitions ward fuller scientific knowledge or under-
urinalysis test, or other measures that the ‘‘In this chapter: standing of the subject studied; and
Director of U.S. Immigration and Customs ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(ii) includes activities involving the
Enforcement determines to be appropriate. TEES.—The term ‘appropriate congressional training of individuals in research tech-
‘‘(2) REPORT.—The Director of U.S. Immi- committees’ means— niques if such activities—
gration and Customs Enforcement shall sub- ‘‘(A) the Committee on Homeland Security ‘‘(I) utilize the same facilities as other re-
mit a report to the Committee on Homeland and Governmental Affairs of the Senate; search and development activities; and
Security and Governmental Affairs of the ‘‘(B) the Committee on Commerce, ‘‘(II) are not included in the instruction
Senate and the Committee on Homeland Se- Science, and Transportation of the Senate; function.
curity of the House of Representatives that ‘‘(C) the Select Committee on Intelligence ‘‘(8) UNITED STATES RESEARCH COMMUNITY.—
describes— of the Senate; The term ‘United States research commu-
‘‘(A) the procedures used for vetting ‘‘(D) the Committee on Foreign Relations nity’ means—
Transnational Criminal Investigative Unit of the Senate; ‘‘(A) research and development centers of
SSpencer on DSK126QN23PROD with SENATE
members; and ‘‘(E) the Committee on Armed Services of Executive agencies;
‘‘(B) any additional measures that should the Senate; ‘‘(B) private research and development cen-
be implemented to prevent personnel in vet- ‘‘(F) the Committee on Health, Education, ters in the United States, including for profit
ted units from being compromised by crimi- Labor, and Pensions of the Senate; and nonprofit research institutes;
nal organizations. ‘‘(G) the Committee on Oversight and Re- ‘‘(C) research and development centers at
‘‘(d) MONETARY STIPEND.—The Director of form of the House of Representatives; institutions of higher education (as defined
U.S. Immigration and Customs Enforcement ‘‘(H) the Committee on Homeland Security in section 101(a) of the Higher Education Act
is authorized to pay vetted members of a of the House of Representatives; of 1965 (20 U.S.C. 1001(a)));
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5283
‘‘(D) research and development centers of ‘‘(4) LEAD SECURITY ADVISOR.—The Director ‘‘(7) Identifying and issuing guidance for
States, United States territories, Indian of the National Counterintelligence and Se- developing compliance and oversight pro-
tribes, and municipalities; curity Center shall designate a senior level grams for Executive agencies to ensure that
‘‘(E) government-owned, contractor-oper- official from the National Counterintel- research and development grant recipients
ated United States Government research and ligence and Security Center to be the lead accurately report conflicts of interest and
development centers; and security advisor to the Council for purposes conflicts of commitment in accordance with
‘‘(F) any person conducting federally fund- of this chapter. subsection (c)(1). Such programs shall in-
ed research or receiving Federal research ‘‘(d) MEETINGS.—The Council shall meet clude an assessment of—
grant funding. not later than 60 days after the date of the ‘‘(A) a grantee’s support from foreign
‘‘§ 7902. Federal Research Security Council enactment of the Safeguarding American In- sources and affiliations, appointments, or
establishment and membership novation Act and not less frequently than participation in talent programs with for-
‘‘(a) ESTABLISHMENT.—There is established, quarterly thereafter. eign funding institutions or laboratories; and
in the Office of Management and Budget, a ‘‘§ 7903. Functions and authorities ‘‘(B) the impact of such support and affili-
Federal Research Security Council, which ations, appointments, or participation in tal-
‘‘(a) DEFINITIONS.—In this section:
shall develop federally funded research and ent programs on United States national se-
‘‘(1) IMPLEMENTING.—The term ‘imple-
development grant making policy and man- curity and economic interests.
menting’ means working with the relevant
agement guidance to protect the national ‘‘(8) Providing guidance to Executive agen-
Federal agencies, through existing processes
and economic security interests of the cies regarding appropriate application of
and procedures, to enable those agencies to
United States. consequences for violations of disclosure re-
put in place and enforce the measures de-
‘‘(b) MEMBERSHIP.— quirements.
scribed in this section.
‘‘(1) IN GENERAL.—The following agencies ‘‘(9) Developing and implementing a cross-
‘‘(2) UNIFORM APPLICATION PROCESS.—The agency policy and providing guidance related
shall be represented on the Council: term ‘uniform application process’ means a
‘‘(A) The Office of Management and Budg- to the use of digital persistent identifiers for
process employed by Federal science agen- individual researchers supported by, or
et.
cies to maximize the collection of informa- working on, any Federal research grant with
‘‘(B) The Office of Science and Technology
tion regarding applicants and applications, the goal to enhance transparency and secu-
Policy.
as determined by the Council. rity, while reducing administrative burden
‘‘(C) The Department of Defense. ‘‘(b) IN GENERAL.—The Chairperson of the
‘‘(D) The Department of Homeland Secu- for researchers and research institutions.
Council shall consider the missions and re-
rity. ‘‘(10) Engaging with the United States re-
sponsibilities of Council members in deter-
‘‘(E) The Office of the Director of National search community in conjunction with the
mining the lead agencies for Council func-
Intelligence. National Science and Technology Council
tions. The Council shall perform the fol-
‘‘(F) The Department of Justice. and the National Academies Science, Tech-
lowing functions:
‘‘(G) The Department of Energy. nology and Security Roundtable created
‘‘(1) Developing and implementing, across
‘‘(H) The Department of Commerce. under section 1746 of the National Defense
all Executive agencies that award research
‘‘(I) The Department of Health and Human Authorization Act for Fiscal Year 2020 (Pub-
and development grants, awards, and con-
Services. lic Law 116–92; 42 U.S.C. 6601 note) in per-
tracts, a uniform application process for
‘‘(J) The Department of State. forming the functions described in para-
grants in accordance with subsection (c).
‘‘(K) The Department of Transportation. graphs (1), (2), and (3) and with respect to
‘‘(L) The National Aeronautics and Space ‘‘(2) Developing and implementing policies
issues relating to Federal research security
Administration. and providing guidance to prevent malign
risks.
‘‘(M) The National Science Foundation. foreign interference from unduly influencing
‘‘(11) Carrying out such other functions,
‘‘(N) The Department of Education. the peer review process for federally funded
consistent with Federal law, that are nec-
‘‘(O) The Small Business Administration. research and development.
essary to reduce Federal research security
‘‘(P) The Council of Inspectors General on ‘‘(3) Identifying or developing criteria for
risks.
Integrity and Efficiency. sharing among Executive agencies and with ‘‘(c) REQUIREMENTS FOR UNIFORM GRANT
‘‘(Q) Other Executive agencies, as deter- law enforcement and other agencies, as ap- APPLICATION PROCESS.—In developing the
mined by the Chairperson of the Council. propriate, information regarding individuals uniform application process for Federal re-
‘‘(2) LEAD REPRESENTATIVES.— who violate disclosure policies and other search and development grants required
‘‘(A) DESIGNATION.—Not later than 45 days policies related to research security. under subsection (b)(1), the Council shall—
after the date of the enactment of the Safe- ‘‘(4) Identifying an appropriate Executive ‘‘(1) ensure that the process—
guarding American Innovation Act, the head agency— ‘‘(A) requires principal investigators, co-
of each agency represented on the Council ‘‘(A) to accept and protect information principal investigators, and key personnel
shall designate a representative of that agen- submitted by Executive agencies and non- associated with the proposed Federal re-
cy as the lead representative of the agency Federal entities based on the process estab- search or development grant project—
on the Council. lished pursuant to paragraph (1); and ‘‘(i) to disclose biographical information,
‘‘(B) FUNCTIONS.—The lead representative ‘‘(B) to facilitate the sharing of informa- all affiliations, including any foreign mili-
of an agency designated under subparagraph tion received under subparagraph (A) to sup- tary, foreign government-related organiza-
(A) shall ensure that appropriate personnel, port, consistent with Federal law— tions, and foreign-funded institutions, and
including leadership and subject matter ex- ‘‘(i) the oversight of federally funded re- all current and pending support, including
perts of the agency, are aware of the busi- search and development; from foreign institutions, foreign govern-
ness of the Council. ‘‘(ii) criminal and civil investigations of ments, or foreign laboratories, and all sup-
‘‘(c) CHAIRPERSON.— misappropriated Federal funds, resources, port received from foreign sources; and
‘‘(1) DESIGNATION.—Not later than 45 days and information; and ‘‘(ii) to certify the accuracy of the required
after the date of the enactment of the Safe- ‘‘(iii) counterintelligence investigations. disclosures under penalty of perjury; and
guarding American Innovation Act, the Di- ‘‘(5) Identifying, as appropriate, Executive ‘‘(B) uses a machine-readable application
rector of the Office of Management and agencies to provide— form to assist in identifying fraud and ensur-
Budget shall designate a senior level official ‘‘(A) shared services, such as support for ing the eligibility of applicants;
from the Office of Management and Budget conducting Federal research security risk as- ‘‘(2) design the process—
to serve as the Chairperson of the Council. sessments, activities to mitigate such risks, ‘‘(A) to reduce the administrative burden
‘‘(2) FUNCTIONS.—The Chairperson shall and oversight and investigations with re- on persons applying for Federal research and
perform functions that include— spect to grants awarded by Executive agen- development funding; and
‘‘(A) subject to subsection (d), developing a cies; and ‘‘(B) to promote information sharing
schedule for meetings of the Council; ‘‘(B) common contract solutions to support across the United States research commu-
‘‘(B) designating Executive agencies to be the verification of the identities of persons nity, while safeguarding sensitive informa-
represented on the Council under subsection participating in federally funded research tion; and
(b)(1)(Q); and development. ‘‘(3) complete the process not later than 1
‘‘(C) in consultation with the lead rep- ‘‘(6) Identifying and issuing guidance, in year after the date of the enactment of the
resentative of each agency represented on accordance with subsection (e) and in coordi- Safeguarding American Innovation Act.
the Council, developing a charter for the nation with the National Insider Threat ‘‘(d) REQUIREMENTS FOR INFORMATION SHAR-
Council; and Task Force established by Executive Order
SSpencer on DSK126QN23PROD with SENATE
ING CRITERIA.—In identifying or developing
‘‘(D) not later than 7 days after completion 13587 (50 U.S.C. 3161 note) for expanding the criteria and procedures for sharing informa-
of the charter, submitting the charter to the scope of Executive agency insider threat pro- tion with respect to Federal research secu-
appropriate congressional committees. grams, including the safeguarding of re- rity risks under subsection (b)(3), the Coun-
‘‘(3) LEAD SCIENCE ADVISOR.—The Director search and development from exploitation, cil shall ensure that such criteria address, at
of the Office of Science and Technology Pol- compromise, or other unauthorized disclo- a minimum—
icy shall designate a senior level official to sure, taking into account risk levels and the ‘‘(1) the information to be shared;
be the lead science advisor to the Council for distinct needs, missions, and systems of each ‘‘(2) the circumstances under which shar-
purposes of this chapter. such agency. ing is mandated or voluntary;
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S5284 CONGRESSIONAL RECORD — SENATE September 28, 2022
‘‘(3) the circumstances under which it is ‘‘(i) the science and technology of that for- ‘‘(3) sharing relevant information with
appropriate for an Executive agency to rely eign country; or other Executive agencies, as determined ap-
on information made available through such ‘‘(ii) federally funded research and develop- propriate by the Council in a manner con-
sharing in exercising the responsibilities and ment; and sistent with section 7903; and
authorities of the agency under applicable ‘‘(C) practices within the research enter- ‘‘(4) reporting on the effectiveness of the
laws relating to the award of grants; prise of a foreign country that do not adhere Federal research security risk management
‘‘(4) the procedures for protecting intellec- to the United States scientific values of strategy of the Executive agency consistent
tual capital that may be present in such in- openness, transparency, reciprocity, integ- with guidance issued by the Office of Man-
formation; and rity, and merit-based competition. agement and Budget and the Council.’’.
‘‘(5) appropriate privacy protections for ‘‘(g) EXCLUSION ORDERS.—To reduce Fed- (b) CLERICAL AMENDMENT.—The table of
persons involved in Federal research and de- eral research security risk, the Interagency chapters at the beginning of title 31, United
velopment. Suspension and Debarment Committee shall States Code, is amended by inserting after
‘‘(e) REQUIREMENTS FOR INSIDER THREAT provide quarterly reports to the Director of the item relating to chapter 77 the following:
PROGRAM GUIDANCE.—In identifying or devel- the Office of Management and Budget and ‘‘79. Federal Research Security Coun-
oping guidance with respect to insider threat the Director of the Office of Science and cil ................................................. 7901.’’.
programs under subsection (b)(6), the Council Technology Policy that detail— SEC. ll03. FEDERAL GRANT APPLICATION
shall ensure that such guidance provides for, ‘‘(1) the number of ongoing investigations FRAUD.
at a minimum— by Council Members related to Federal re- (a) IN GENERAL.—Chapter 47 of title 18,
‘‘(1) such programs— search security that may result, or have re- United States Code, is amended by adding at
‘‘(A) to deter, detect, and mitigate insider sulted, in agency pre-notice letters, suspen- the end the following:
threats; and sions, proposed debarments, and debarments; ‘‘§ 1041. Federal grant application fraud
‘‘(B) to leverage counterintelligence, secu- ‘‘(2) Federal agencies’ performance and ‘‘(a) DEFINITIONS.—In this section:
rity, information assurance, and other rel- compliance with interagency suspensions ‘‘(1) FEDERAL AGENCY.—The term ‘Federal
evant functions and resources to identify and and debarments; agency’ has the meaning given the term
counter insider threats; and ‘‘(3) efforts by the Interagency Suspension ‘agency’ in section 551 of title 5, United
‘‘(2) the development of an integrated capa- and Debarment Committee to mitigate Fed- States Code.
bility to monitor and audit information for eral research security risk; ‘‘(2) FEDERAL GRANT.—The term ‘Federal
the detection and mitigation of insider ‘‘(4) proposals for developing a unified Fed- grant’—
threats, including through— eral policy on suspensions and debarments; ‘‘(A) means a grant awarded by a Federal
‘‘(A) monitoring user activity on computer and agency;
networks controlled by Executive agencies; ‘‘(5) other current suspension and debar- ‘‘(B) includes a subgrant awarded by a non-
‘‘(B) providing employees of Executive ment related issues. Federal entity to carry out a Federal grant
agencies with awareness training with re- ‘‘(h) SAVINGS PROVISION.—Nothing in this program; and
spect to insider threats and the responsibil- section may be construed— ‘‘(C) does not include—
ities of employees to report such threats; ‘‘(1) to alter or diminish the authority of ‘‘(i) direct United States Government cash
‘‘(C) gathering information for a central- any Federal agency; or assistance to an individual;
ized analysis, reporting, and response capa- ‘‘(2) to alter any procedural requirements ‘‘(ii) a subsidy;
bility; and or remedies that were in place before the ‘‘(iii) a loan;
‘‘(D) information sharing to aid in tracking date of the enactment of the Safeguarding ‘‘(iv) a loan guarantee; or
the risk individuals may pose while moving American Innovation Act. ‘‘(v) insurance.
across programs and affiliations; ‘‘(3) FEDERAL GRANT APPLICATION.—The
‘‘§ 7904. Annual report
‘‘(3) the development and implementation term ‘Federal grant application’ means an
of policies and procedures under which the ‘‘Not later than November 15 of each year,
the Chairperson of the Council shall submit application for a Federal grant.
insider threat program of an Executive agen- ‘‘(4) FOREIGN COMPENSATION.—The term
cy accesses, shares, and integrates informa- a report to the appropriate congressional
committees that describes the activities of ‘foreign compensation’ means a title, mone-
tion and data derived from offices within the tary compensation, access to a laboratory or
agency and shares insider threat information the Council during the preceding fiscal year.
other resource, or other benefit received
with the executive agency research sponsors; ‘‘§ 7905. Requirements for Executive agencies
from—
‘‘(4) the designation of senior officials with ‘‘(a) IN GENERAL.—The head of each Execu- ‘‘(A) a foreign government;
authority to provide management, account- tive agency on the Council shall be respon- ‘‘(B) a foreign government institution; or
ability, and oversight of the insider threat sible for— ‘‘(C) a foreign public enterprise.
program of an Executive agency and to make ‘‘(1) assessing Federal research security ‘‘(5) FOREIGN GOVERNMENT.—The term ‘for-
resource recommendations to the appro- risks posed by persons participating in feder- eign government’ includes a person acting or
priate officials; and ally funded research and development; purporting to act on behalf of—
‘‘(5) such additional guidance as is nec- ‘‘(2) avoiding or mitigating such risks, as ‘‘(A) a faction, party, department, agency,
essary to reflect the distinct needs, missions, appropriate and consistent with the stand- bureau, subnational administrative entity,
and systems of each Executive agency. ards, guidelines, requirements, and practices or military of a foreign country; or
‘‘(f) ISSUANCE OF WARNINGS RELATING TO identified by the Council under section ‘‘(B) a foreign government or a person pur-
RISKS AND VULNERABILITIES IN INTER- 7903(b); porting to act as a foreign government, re-
NATIONAL SCIENTIFIC COOPERATION.— ‘‘(3) prioritizing Federal research security gardless of whether the United States recog-
‘‘(1) IN GENERAL.—The Council, in conjunc- risk assessments conducted under paragraph nizes the government.
tion with the lead security advisor des- (1) based on the applicability and relevance ‘‘(6) FOREIGN GOVERNMENT INSTITUTION.—
ignated under section 7902(c)(4), shall estab- of the research and development to the na- The term ‘foreign government institution’
lish a process for informing members of the tional security and economic competitive- means a foreign entity owned by, subject to
United States research community and the ness of the United States; the control of, or subject to regulation by a
public, through the issuance of warnings de- ‘‘(4) ensuring that initiatives impacting foreign government.
scribed in paragraph (2), of potential risks Federally funded research grant making pol- ‘‘(7) FOREIGN PUBLIC ENTERPRISE.—The
and vulnerabilities in international sci- icy and management to protect the national term ‘foreign public enterprise’ means an en-
entific cooperation that may undermine the and economic security interests of the terprise over which a foreign government di-
integrity and security of the United States United States are integrated with the activi- rectly or indirectly exercises a dominant in-
research community or place at risk any fed- ties of the Council; and fluence.
erally funded research and development. ‘‘(5) ensuring that the initiatives of the ‘‘(8) LAW ENFORCEMENT AGENCY.—The term
‘‘(2) CONTENT.—A warning described in this Council comply with title VI of the Civil ‘law enforcement agency’—
paragraph shall include, to the extent the Rights Act of 1964 (42 U.S.C. 2000d et seq.). ‘‘(A) means a Federal, State, local, or Trib-
Council considers appropriate, a description ‘‘(b) INCLUSIONS.—The responsibility of the al law enforcement agency; and
of— head of an Executive agency for assessing ‘‘(B) includes—
‘‘(A) activities by the national govern- Federal research security risk described in ‘‘(i) the Office of Inspector General of an
ment, local governments, research institu- subsection (a) includes— establishment (as defined in section 12 of the
tions, or universities of a foreign country— ‘‘(1) developing an overall Federal research Inspector General Act of 1978 (5 U.S.C. App.))
‘‘(i) to exploit, interfere, or undermine re- security risk management strategy and im- or a designated Federal entity (as defined in
SSpencer on DSK126QN23PROD with SENATE
search and development by the United States plementation plan and policies and processes section 8G(a) of the Inspector General Act of
research community; or to guide and govern Federal research secu- 1978 (5 U.S.C. App.)); and
‘‘(ii) to misappropriate scientific knowl- rity risk management activities by the Exec- ‘‘(ii) the Office of Inspector General, or
edge resulting from federally funded re- utive agency; similar office, of a State or unit of local gov-
search and development; ‘‘(2) integrating Federal research security ernment.
‘‘(B) efforts by strategic competitors to ex- risk management practices throughout the ‘‘(9) OUTSIDE COMPENSATION.—The term
ploit the research enterprise of a foreign lifecycle of the grant programs of the Execu- ‘outside compensation’ means any com-
country that may place at risk— tive agency; pensation, resource, or support (regardless of
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5285
monetary value) made available to the appli- (C) entities involved in export control vio- unclassified form, but may be accompanied
cant in support of, or related to, any re- lations or the theft of intellectual property; by a classified annex.
search endeavor, including a title, research (D) a government that seeks to undermine (f) SUNSET.—This section shall cease to be
grant, cooperative agreement, contract, in- the integrity and security of the United effective on the date that is 2 years after the
stitutional award, access to a laboratory, or States research community; or date of the enactment of this Act.
other resource, including materials, travel (E) other associations or collaborations ---
compensation, or work incentives. that pose a national security threat based on SA 5811. Mr. PORTMAN (for himself
‘‘(b) PROHIBITION.—It shall be unlawful for intelligence assessments; and and Mr. PETERS) submitted an amend-
any individual to knowingly— (4) weigh the proportionality of risks and ment intended to be proposed to
‘‘(1) prepare or submit a Federal grant ap- the factors listed in paragraphs (1) through amendment SA 5499 submitted by Mr.
plication that fails to disclose the receipt of (3). REED (for himself and Mr. INHOFE) and
any outside compensation, including foreign (c) SANCTIONS DESCRIBED.—The sanctions intended to be proposed to the bill H.R.
compensation, by the individual, the value of described in this subsection are the fol- 7900, to authorize appropriations for
which is not less than $1,000; lowing: fiscal year 2023 for military activities
‘‘(2) forge, counterfeit, or otherwise falsify (1) INELIGIBILITY FOR VISAS AND ADMISSION
a document for the purpose of obtaining a of the Department of Defense, for mili-
TO THE UNITED STATES.—An alien described in
Federal grant; or subsection (a) may be— tary construction, and for defense ac-
‘‘(3) prepare, submit, or assist in the prepa- (A) inadmissible to the United States; tivities of the Department of Energy,
ration or submission of a Federal grant ap- (B) ineligible to receive a visa or other doc- to prescribe military personnel
plication or document in connection with a umentation to enter the United States; and strengths for such fiscal year, and for
Federal grant application that— (C) otherwise ineligible to be admitted or other purposes; which was ordered to
‘‘(A) contains a material false statement; paroled into the United States or to receive lie on the table; as follows:
‘‘(B) contains a material misrepresenta- any other benefit under the Immigration and At the appropriate place, insert the fol-
tion; or Nationality Act (8 U.S.C. 1101 et seq.). lowing:
‘‘(C) fails to disclose a material fact. (2) CURRENT VISAS REVOKED.— SEC. lll. CISA TECHNICAL CORRECTIONS AND
‘‘(c) EXCEPTION.—Subsection (b) does not (A) IN GENERAL.—An alien described in sub- IMPROVEMENTS.
apply to an activity— section (a) is subject to revocation of any (a) TECHNICAL AMENDMENT RELATING TO
‘‘(1) carried out in connection with a law- visa or other entry documentation regardless DOTGOV ACT OF 2020.—
fully authorized investigative, protective, or of when the visa or other entry documenta- (1) AMENDMENT.—Section 904(b)(1) of the
intelligence activity of— tion is or was issued. DOTGOV Act of 2020 (title IX of division U of
‘‘(A) a law enforcement agency; or (B) IMMEDIATE EFFECT.—A revocation Public Law 116–260) is amended, in the mat-
‘‘(B) a Federal intelligence agency; or under clause (A) shall take effect imme- ter preceding subparagraph (A), by striking
‘‘(2) authorized under chapter 224. diately, and automatically cancel any other ‘‘Homeland Security Act’’ and inserting
‘‘(d) PENALTY.—Any individual who vio- valid visa or entry documentation that is in ‘‘Homeland Security Act of 2002’’.
lates subsection (b)— the alien’s possession, in accordance with (2) EFFECTIVE DATE.—The amendment
‘‘(1) shall be fined in accordance with this section 221(i) of the Immigration and Nation- made by paragraph (1) shall take effect as if
title, imprisoned for not more than 5 years, ality Act. enacted as part of the DOTGOV Act of 2020
or both, in accordance with the level of se- (3) EXCEPTION TO COMPLY WITH INTER- (title IX of division U of Public Law 116–260).
verity of that individual’s violation of sub- NATIONAL OBLIGATIONS.—The sanctions de- (b) CONSOLIDATION OF DEFINITIONS.—
section (b); and scribed in this subsection shall not apply (1) IN GENERAL.—Title XXII of the Home-
‘‘(2) shall be prohibited from receiving a with respect to an alien if admitting or pa- land Security Act of 2002 (6 U.S.C. 651 et seq.)
Federal grant during the 5-year period begin- roling the alien into the United States is is amended by inserting before the subtitle A
ning on the date on which a sentence is im- necessary to permit the United States to heading the following:
posed on the individual under paragraph comply with the Agreement regarding the ‘‘SEC. 2200. DEFINITIONS.
(1).’’. Headquarters of the United Nations, signed ‘‘Except as otherwise specifically provided,
(b) CLERICAL AMENDMENT.—The analysis at Lake Success June 26, 1947, and entered in this title:
for chapter 47 of title 18, United States Code, into force November 21, 1947, between the ‘‘(1) AGENCY.—The term ‘Agency’ means
is amended by adding at the end the fol- United Nations and the United States, or the Cybersecurity and Infrastructure Secu-
lowing: other applicable international obligations. rity Agency.
‘‘1041. Federal grant application fraud.’’. (d) REPORTING REQUIREMENT.—Not later ‘‘(2) AGENCY INFORMATION.—The term
SEC. ll04. RESTRICTING THE ACQUISITION OF than 180 days after the date of the enactment ‘agency information’ means information col-
EMERGING TECHNOLOGIES BY CER- of this Act, and semi-annually thereafter lected or maintained by or on behalf of an
TAIN ALIENS. until the sunset date set forth in subsection agency.
(a) IN GENERAL.—The Secretary of State (f), the Secretary of State, in coordination ‘‘(3) AGENCY INFORMATION SYSTEM.—The
may impose the sanctions described in sub- with the Director of National Intelligence, term ‘agency information system’ means an
section (c) if the Secretary determines an the Director of the Office of Science and information system used or operated by an
alien is seeking to enter the United States to Technology Policy, the Secretary of Home- agency or by another entity on behalf of an
knowingly acquire sensitive or emerging land Security, the Secretary of Defense, the agency.
technologies to undermine national security Secretary of Energy, the Secretary of Com- ‘‘(4) APPROPRIATE CONGRESSIONAL COMMIT-
interests of the United States by benefitting merce, and the heads of other appropriate TEES.—The term ‘appropriate congressional
an adversarial foreign government’s security Federal agencies, shall submit a report to committees’ means—
or strategic capabilities. the Committee on the Judiciary of the Sen- ‘‘(A) the Committee on Homeland Security
(b) RELEVANT FACTORS.—To determine ate, the Committee on Foreign Relations of and Governmental Affairs of the Senate; and
whether to impose sanctions under sub- the Senate, the Committee on Homeland Se- ‘‘(B) the Committee on Homeland Security
section (a), the Secretary of State shall— curity and Governmental Affairs of the Sen- of the House of Representatives.
(1) take account of information and anal- ate, the Committee on the Judiciary of the ‘‘(5) CRITICAL INFRASTRUCTURE INFORMA-
yses relevant to implementing subsection (a) House of Representatives, the Committee on TION.—The term ‘critical infrastructure in-
from the Office of the Director of National Foreign Affairs of the House of Representa- formation’ means information not custom-
Intelligence, the Department of Health and tives, and the Committee on Oversight and arily in the public domain and related to the
Human Services, the Department of Defense, Reform of the House of Representatives that security of critical infrastructure or pro-
the Department of Homeland Security, the identifies— tected systems—
Department of Energy, the Department of (1) any criteria, if relevant used to describe ‘‘(A) actual, potential, or threatened inter-
Commerce, and other appropriate Federal the alien in subsection (a); ference with, attack on, compromise of, or
agencies; (2) the number of individuals determined incapacitation of critical infrastructure or
(2) take account of the continual expert as- to be subject to sanctions under subsection protected systems by either physical or com-
sessments of evolving sensitive or emerging (a), including the nationality of each such puter-based attack or other similar conduct
technologies that foreign adversaries are individual and the reasons for each sanctions (including the misuse of or unauthorized ac-
targeting; determination; and cess to all types of communications and data
(3) take account of relevant information (3) the number of days from the date of the transmission systems) that violates Federal,
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concerning the foreign person’s employment consular interview until a final decision is State, or local law, harms interstate com-
or collaboration, to the extent known, issued for each application for a visa consid- merce of the United States, or threatens
with— ered under this section, listed by applicants’ public health or safety;
(A) foreign military and security related country of citizenship and relevant con- ‘‘(B) the ability of any critical infrastruc-
organizations that are adversarial to the sulate. ture or protected system to resist such inter-
United States; (e) CLASSIFICATION OF REPORT.—Each re- ference, compromise, or incapacitation, in-
(B) foreign institutions involved in the port required under subsection (d) shall be cluding any planned or past assessment, pro-
theft of United States research; submitted, to the extent practicable, in an jection, or estimate of the vulnerability of
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S5286 CONGRESSIONAL RECORD — SENATE September 28, 2022
critical infrastructure or a protected system, ‘‘(B) EXCLUSION.—The term ‘defensive ‘‘(D) facilitating information sharing and
including security testing, risk evaluation measure’ does not include a measure that de- operational coordination with threat re-
thereto, risk management planning, or risk stroys, renders unusable, provides unauthor- sponse; and
audit; or ized access to, or substantially harms an in- ‘‘(E) providing guidance on how best to uti-
‘‘(C) any planned or past operational prob- formation system or information stored on, lize Federal resources and capabilities in a
lem or solution regarding critical infrastruc- processed by, or transiting such information timely, effective manner to speed recovery
ture or protected systems, including repair, system not owned by— from cybersecurity risks.
recovery, reconstruction, insurance, or con- ‘‘(i) the entity operating the measure; or ‘‘(19) NATIONAL SECURITY SYSTEM.—The
tinuity, to the extent it is related to such in- ‘‘(ii) another entity or Federal entity that term ‘national security system’ has the
terference, compromise, or incapacitation. is authorized to provide consent and has pro- meaning given the term in section 11103 of
‘‘(6) CYBER THREAT INDICATOR.—The term vided consent to that private entity for oper- title 40, United States Code.
‘cyber threat indicator’ means information ation of such measure. ‘‘(20) SECTOR RISK MANAGEMENT AGENCY.—
that is necessary to describe or identify— ‘‘(11) DIRECTOR.—The term ‘Director’ The term ‘Sector Risk Management Agency’
‘‘(A) malicious reconnaissance, including means the Director Cybersecurity and Infra- means a Federal department or agency, des-
anomalous patterns of communications that structure Security Agency ignated by law or Presidential directive,
appear to be transmitted for the purpose of ‘‘(12) HOMELAND SECURITY ENTERPRISE.— with responsibility for providing institu-
gathering technical information related to a The term ‘Homeland Security Enterprise’ tional knowledge and specialized expertise of
cybersecurity threat or security vulner- means relevant governmental and non- a sector, as well as leading, facilitating, or
ability; governmental entities involved in homeland supporting programs and associated activi-
‘‘(B) a method of defeating a security con- security, including Federal, State, local, and ties of its designated critical infrastructure
trol or exploitation of a security vulner- Tribal government officials, private sector sector in the all hazards environment in co-
ability; representatives, academics, and other policy ordination with the Department.
‘‘(C) a security vulnerability, including experts. ‘‘(21) SECURITY CONTROL.—The term ‘secu-
anomalous activity that appears to indicate ‘‘(13) INCIDENT.—The term ‘incident’ means rity control’ means the management, oper-
the existence of a security vulnerability; an occurrence that actually or imminently ational, and technical controls used to pro-
‘‘(D) a method of causing a user with le- jeopardizes, without lawful authority, the in- tect against an unauthorized effort to ad-
gitimate access to an information system or tegrity, confidentiality, or availability of in- versely affect the confidentiality, integrity,
information that is stored on, processed by, formation on an information system, or ac- and availability of an information system or
or transiting an information system to un- tually or imminently jeopardizes, without its information.
wittingly enable the defeat of a security con- lawful authority, an information system. ‘‘(22) SECURITY VULNERABILITY.—The term
trol or exploitation of a security vulner- ‘‘(14) INFORMATION SHARING AND ANALYSIS ‘security vulnerability’ means any attribute
ability; ORGANIZATION.—The term ‘Information Shar- of hardware, software, process, or procedure
‘‘(E) malicious cyber command and con- ing and Analysis Organization’ means any that could enable or facilitate the defeat of
trol; formal or informal entity or collaboration a security control.
‘‘(F) the actual or potential harm caused created or employed by public or private sec- ‘‘(23) SHARING.—The term ‘sharing’ (includ-
by an incident, including a description of the tor organizations, for purposes of— ing all conjugations thereof) means pro-
information exfiltrated as a result of a par- ‘‘(A) gathering and analyzing critical infra- viding, receiving, and disseminating (includ-
ticular cybersecurity threat; structure information, including informa- ing all conjugations of each such terms).’’.
‘‘(G) any other attribute of a cybersecurity tion related to cybersecurity risks and inci- (2) TECHNICAL AND CONFORMING AMEND-
threat, if disclosure of such attribute is not dents, in order to better understand security MENTS.—The Homeland Security Act of 2002
otherwise prohibited by law; or problems and interdependencies related to (6 U.S.C. 101 et seq.) is amended—
‘‘(H) any combination thereof. critical infrastructure, including cybersecu- (A) by amending section 2201 (6 U.S.C. 651)
‘‘(7) CYBERSECURITY PURPOSE.—The term rity risks and incidents, and protected sys- to read as follows:
‘cybersecurity purpose’ means the purpose of tems, so as to ensure the availability, integ- ‘‘SEC. 2201. DEFINITION.
protecting an information system or infor- rity, and reliability thereof; ‘‘In this subtitle, the term ‘Cybersecurity
mation that is stored on, processed by, or ‘‘(B) communicating or disclosing critical Advisory Committee’ means the advisory
transiting an information system from a cy- infrastructure information, including cyber- committee established under section
bersecurity threat or security vulnerability. security risks and incidents, to help prevent, 2219(a).’’;
‘‘(8) CYBERSECURITY RISK.—The term ‘cy- detect, mitigate, or recover from the effects (B) in section 2202 (6 U.S.C. 652)—
bersecurity risk’— of an interference, a compromise, or an inca- (i) in subsection (a)(1), by striking ‘‘(in this
‘‘(A) means threats to and vulnerabilities pacitation problem related to critical infra- subtitle referred to as the Agency)’’;
of information or information systems and structure, including cybersecurity risks and (ii) in subsection (b)(1), by striking ‘‘in this
any related consequences caused by or re- incidents, or protected systems; and subtitle referred to as the ‘Director’)’’; and
sulting from unauthorized access, use, dis- ‘‘(C) voluntarily disseminating critical in- (iii) in subsection (f)—
closure, degradation, disruption, modifica- frastructure information, including cyberse- (I) in paragraph (1), by inserting ‘‘Execu-
tion, or destruction of such information or curity risks and incidents, to its members, tive’’ before ‘‘Assistant Director’’; and
information systems, including such related State, local, and Federal Governments, or (II) in paragraph (2), by inserting ‘‘Execu-
consequences caused by an act of terrorism; any other entities that may be of assistance tive’’ before ‘‘Assistant Director’’;
and in carrying out the purposes specified in sub- (C) in section 2209 (6 U.S.C. 659)—
‘‘(B) does not include any action that sole- paragraphs (A) and (B). (i) by striking subsection (a);
ly involves a violation of a consumer term of ‘‘(15) INFORMATION SYSTEM.—The term ‘in- (ii) by redesignating subsections (b)
service or a consumer licensing agreement. formation system’ has the meaning given the through subsection (o) as subsections (a)
‘‘(9) CYBERSECURITY THREAT.— term in section 3502 of title 44, United States through (n), respectively;
‘‘(A) IN GENERAL.—Except as provided in Code. (iii) in subsection (c)(1), as so redesig-
subparagraph (B), the term ‘cybersecurity ‘‘(16) INTELLIGENCE COMMUNITY.—The term nated—
threat’ means an action, not protected by ‘intelligence community’ has the meaning (I) in subparagraph (A)(iii), as so redesig-
the First Amendment to the Constitution of given the term in section 3(4) of the National nated, by striking ‘‘, as that term is defined
the United States, on or through an informa- Security Act of 1947 (50 U.S.C. 3003(4)). under section 3(4) of the National Security
tion system that may result in an unauthor- ‘‘(17) MONITOR.—The term ‘monitor’ means Act of 1947 (50 U.S.C. 3003(4))’’; and
ized effort to adversely impact the security, to acquire, identify, or scan, or to possess, (II) in subparagraph (B)(ii), by striking
availability, confidentiality, or integrity of information that is stored on, processed by, ‘‘information sharing and analysis organiza-
an information system or information that or transiting an information system. tions’’ and inserting ‘‘Information Sharing
is stored on, processed by, or transiting an ‘‘(18) NATIONAL CYBERSECURITY ASSET RE- and Analysis Organizations’’;
information system. SPONSE ACTIVITIES.—The term ‘national cy- (iv) in subsection (d), as so redesignated—
‘‘(B) EXCLUSION.—The term ‘cybersecurity bersecurity asset response activities’ (I) in the matter preceding paragraph (1),
threat’ does not include any action that sole- means— by striking ‘‘subsection (c)’’ and inserting
ly involves a violation of a consumer term of ‘‘(A) furnishing cybersecurity technical as- ‘‘subsection (b)’’; and
service or a consumer licensing agreement. sistance to entities affected by cybersecurity (II) in paragraph (1)(E)(ii)(II), by striking
‘‘(10) DEFENSIVE MEASURE.— risks to protect assets, mitigate ‘‘information sharing and analysis organiza-
‘‘(A) IN GENERAL.—Except as provided in vulnerabilities, and reduce impacts of cyber tions’’ and inserting ‘‘Information Sharing
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subparagraph (B), the term ‘defensive meas- incidents; and Analysis Organizations’’;
ure’ means an action, device, procedure, sig- ‘‘(B) identifying other entities that may be (v) in subsection (j), as so redesignated, by
nature, technique, or other measure applied at risk of an incident and assessing risk to striking ‘‘subsection (c)(8)’’ and inserting
to an information system or information the same or similar vulnerabilities; ‘‘subsection (b)(8)’’;
that is stored on, processed by, or transiting ‘‘(C) assessing potential cybersecurity (vi) by redesignating the first subsections
an information system that detects, pre- risks to a sector or region, including poten- (p) and (q) and second subsections (p) and (q)
vents, or mitigates a known or suspected cy- tial cascading effects, and developing courses as subsections (o) and (p) and subsections (q)
bersecurity threat or security vulnerability. of action to mitigate such risks; and (r), respectively; and
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September 28, 2022 CONGRESSIONAL RECORD — SENATE S5287
(vii) in subsection (o), as so redesignated— committees of Congress’’ and inserting ‘‘ap- (III) in paragraph (4), by striking ‘‘section
(I) in paragraph (2)(A), by striking ‘‘sub- propriate congressional committees’’ 2210(b)(1)’’ and inserting ‘‘section 2210(a)(1)’’;
section (c)(12)’’ and inserting ‘‘subsection (K) in section 2220C(f) (6 U.S.C. 665i(f))— and
(b)(12)’’; and (i) by striking paragraph (1); (IV) in paragraph (5), by striking ‘‘section
(II) in paragraph (3)(B)(i), by striking ‘‘sub- (ii) by redesignating paragraphs (2) and (3) 2213(b)’’ and inserting ‘‘section 2213(a)’’; and
section (c)(12)’’ and inserting ‘‘subsection as paragraphs (1) and (2), respectively; and (ii) in subsection (c)(1)(A)(vi), by striking
(b)(12)’’; (iii) in paragraph (2), as so redesignated, by ‘‘section 2213(c)(5)’’ and inserting ‘‘section
(D) in section 2210 (6 U.S.C. 660)— striking ‘‘(enacted as division N of the Con- 2213(b)(5)’’; and
(i) by striking subsection (a); solidated Appropriations Act, 2016 (Public (D) in section 227(b) (6 U.S.C. 1525(b)), by
(ii) by redesignating subsections (b) Law 114–113; 6 U.S.C. 1501(9))’’ and inserting striking ‘‘section 2213(d)(2)’’ and inserting
through (e) as subsections (a) through (d), re- ‘‘(6 U.S.C. 1501)’’; and ‘‘section 2213(c)(2)’’.
spectively; (L) in section 2222 (6 U.S.C. 671)— (2) PUBLIC HEALTH SERVICE ACT.—Section
(iii) in subsection (b), as so redesignated— (i) by striking paragraphs (3), (5), and (8); 2811(b)(4)(D) of the Public Health Service Act
(I) by striking ‘‘information sharing and (ii) by redesignating paragraph (4) as para- (42 U.S.C. 300hh–10(b)(4)(D)) is amended by
analysis organizations (as defined in section graph (3); and striking ‘‘section 228(c) of the Homeland Se-
2222(5))’’ and inserting ‘‘Information Sharing (iii) by redesignating paragraphs (6) and (7) curity Act of 2002 (6 U.S.C. 149(c))’’ and in-
and Analysis Organizations’’; and as paragraphs (4) and (5), respectively. serting ‘‘section 2210(b) of the Homeland Se-
(II) by striking ‘‘(as defined in section (3) TABLE OF CONTENTS AMENDMENTS.—The curity Act of 2002 (6 U.S.C. 660(b))’’.
2209)’’; and table of contents in section 1(b) of the Home- (3) WILLIAM M. (MAC) THORNBERRY NATIONAL
(iv) in subsection (c), as so redesignated, by land Security Act of 2002 (Public Law 107–296; DEFENSE AUTHORIZATION ACT OF FISCAL YEAR
striking ‘‘subsection (c)’’ and inserting ‘‘sub- 116 Stat. 2135) is amended— 2021.—Section 9002 of the William M. (Mac)
section (b)’’; (A) by inserting before the item relating to Thornberry National Defense Authorization
(E) in section 2211 (6 U.S.C. 661), by strik- subtitle A of title XXII the following: Act for Fiscal Year 2021 (6 U.S.C. 652a) is
ing subsection (h); amended—
‘‘Sec. 2200. Definitions.’’;
(F) in section 2212 (6 U.S.C. 662), by strik- (A) in subsection (a)—
(B) by striking the item relating to section
ing ‘‘information sharing and analysis orga- (i) by striking paragraph (5);
2201 and insert the following:
nizations (as defined in section 2222(5))’’ and (ii) by redesignating paragraphs (6) and (7)
inserting ‘‘Information Sharing and Analysis ‘‘Sec. 2201. Definition.’’; and
(C) by moving the item relating to section as paragraphs (5) and (6), respectively;
Organizations’’; (iii) by amending paragraph (7) to read as
(G) in section 2213 (6 U.S.C. 663)— 2220D to appear after the item relating to
section 2220C. follows:
(i) by striking subsection (a); ‘‘(7) SECTOR RISK MANAGEMENT AGENCY.—
(ii) by redesignating subsections (b) (4) CYBERSECURITY ACT OF 2015 DEFINI-
TIONS.—Section 102 of the Cybersecurity Act The term ‘Sector Risk Management Agency’
through (f) as subsections (a) through (e), re- has the meaning given the term in section
spectively; of 2015 (6 U.S.C. 1501) is amended—
(A) by striking paragraphs (4) through (7) 2200 of the Homeland Security Act of 2002.’’;
(iii) in subsection (b), as so redesignated, (B) in subsection (c)(3)(B), by striking
by striking ‘‘subsection (b)’’ each place it ap- and inserting the following:
‘‘(4) CYBERSECURITY PURPOSE.—The term ‘‘section 2201(5)’’ and inserting ‘‘section
pears and inserting ‘‘subsection (a)’’; 2200’’; and
(iv) in subsection (c), as so redesignated, in ‘cybersecurity purpose’ has the meaning
given the term in section 2200 of the Home- (C) in subsection (d), by striking ‘‘section
the matter preceding paragraph (1), by strik-
land Security Act of 2002. 2215 of the Homeland Security Act of 2002, as
ing ‘‘subsection (b)’’ and inserting ‘‘sub-
‘‘(5) CYBERSECURITY THREAT.—The term added by this section’’ and inserting ‘‘section
section (a)’’; and
‘cybersecurity threat’ has the meaning given 2218 of the Homeland Security Act of 2002 (6
(v) in subsection (d), as so redesignated—
the term in section 2200 of the Homeland Se- U.S.C. 665d)’’.
(I) in paragraph (1)—
curity Act of 2002. (4) NATIONAL SECURITY ACT OF 1947.—Section
(aa) in the matter preceding subparagraph
‘‘(6) CYBER THREAT INDICATOR.—The term 113B(b)(4) of the National Security Act of
(A), by striking ‘‘subsection (c)(2)’’ and in-
‘cyber threat indicator’ has the meaning 1947 (50 U.S.C. 3049a(b)(4)) is amended by
serting ‘‘subsection (b)(2)’’;
given the term in section 2200 of the Home- striking section ‘‘226 of the Homeland Secu-
(bb) in subparagraph (A), by striking ‘‘sub-
land Security Act of 2002. rity Act of 2002 (6 U.S.C. 147)’’ and inserting
section (c)(1)’’ and inserting ‘‘subsection
‘‘(7) DEFENSIVE MEASURE.—The term ‘defen- ‘‘section 2208 of the Homeland Security Act
(b)(1)’’; and
sive measure’ has the meaning given the of 2002 (6 U.S.C. 658)’’.
(cc) in subparagraph (B), by striking ‘‘sub-
term in section 2200 of the Homeland Secu- (5) IOT CYBERSECURITY IMPROVEMENT ACT OF
section (c)(2)’’ and inserting ‘‘subsection
rity Act of 2002.’’; 2020.—Section 5(b)(3) of the IoT Cybersecurity
(b)(2)’’; and
(B) by striking paragraph (13) and inserting Improvement Act of 2020 (15 U.S.C. 278g–
(II) in paragraph (2), by striking ‘‘sub-
the following: 3c(b)(3)) is amended by striking ‘‘section
section (c)(2)’’ and inserting ‘‘subsection
‘‘(13) MONITOR.— The term ‘monitor’ has 2209(m) of the Homeland Security Act of 2002
(b)(2)’’;
the meaning given the term in section 2200 of (6 U.S.C. 659(m))’’ and inserting ‘‘section
(H) in section 2216 (6 U.S.C. 665b)—
the Homeland Security Act of 2002.’’; and 2209(l) of the Homeland Security Act of 2002
(i) in subsection (d)(2), by striking ‘‘infor-
(C) by striking paragraphs (16) and (17) and (6 U.S.C. 659(l))’’.
mation sharing and analysis organizations’’
inserting the following: (6) SMALL BUSINESS ACT.—Section
and inserting ‘‘Information Sharing and
‘‘(16) SECURITY CONTROL.—The term ‘secu- 21(a)(8)(B) of the Small Business Act (15
Analysis Organizations’’; and
rity control’ has the meaning given the term U.S.C. 648(a)(8)(B)) is amended by striking
(ii) by striking subsection (f) and inserting
in section 2200 of the Homeland Security Act ‘‘section 2209(a)’’ and inserting ‘‘section
the following:
‘‘(f) CYBER DEFENSE OPERATION DEFINED.— of 2002. 2200’’.
In this section, the term ‘cyber defense oper- ‘‘(17) SECURITY VULNERABILITY.—The term (7) TITLE 46.—Section 70101(2) of title 46,
ation’ means the use of a defensive meas- ‘security vulnerability’ has the meaning United States Code, is amended by striking
ure.’’; given the term in section 2200 of the Home- ‘‘section 227 of the Homeland Security Act of
(I) in section 2218(c)(4)(A) (6 U.S.C. land Security Act of 2002.’’. 2002 (6 U.S.C. 148)’’ and inserting ‘‘section
665d(4)(A)), by striking ‘‘information sharing (c) ADDITIONAL TECHNICAL AND CONFORMING 2200 of the Homeland Security Act of 2002’’.
and analysis organizations’’ and inserting AMENDMENTS.— ---
‘‘Information Sharing and Analysis Organi- (1) FEDERAL CYBERSECURITY ENHANCEMENT SA 5812. Ms. KLOBUCHAR (for her-
zations’’; ACT OF 2015.—The Federal Cybersecurity En- self and Mr. TILLIS) submitted an
(J) in section 2220A (6 U.S.C. 665g)— hancement Act of 2015 (6 U.S.C. 1521 et seq.) amendment intended to be proposed to
(i) in subsection (a)— is amended— amendment SA 5499 submitted by Mr.
(I) by striking paragraphs (1), (2), (5), and (A) in section 222 (6 U.S.C. 1521)— REED (for himself and Mr. INHOFE) and
(6); and (i) in paragraph (2), by striking ‘‘section
(II) by redesignating paragraphs (3), (4), (7), 2210’’ and inserting ‘‘section 2200’’; and
intended to be proposed to the bill H.R.
(8), (9), (10), (11), and (12) as paragraphs (1) (ii) in paragraph (4), by striking ‘‘section 7900, to authorize appropriations for
through (8), respectively; 2209’’ and inserting ‘‘section 2200’’; fiscal year 2023 for military activities
(ii) in subsection (e)(2)(B)(xiv)(II)(aa), by (B) in section 223(b) (6 U.S.C. 151 note), by of the Department of Defense, for mili-
striking ‘‘information sharing and analysis striking ‘‘section 2213(b)(1)’’ each place it ap- tary construction, and for defense ac-
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organization’’ and inserting ‘‘Information pears and inserting ‘‘section 2213(a)(1)’’; tivities of the Department of Energy,
Sharing and Analysis Organization’’; (C) in section 226 (6 U.S.C. 1524)— to prescribe military personnel
(iii) in subsection (p), by striking ‘‘appro- (i) in subsection (a)— strengths for such fiscal year, and for
priate committees of Congress’’ and insert- (I) in paragraph (1), by striking ‘‘section
ing ‘‘appropriate congressional committees’’; 2213’’ and inserting ‘‘section 2200’’;
other purposes; which was ordered to
and (II) in paragraph (2), by striking ‘‘section lie on the table; as follows:
(iv) in subsection (q)(4), in the matter pre- 102’’ and inserting ‘‘section 2200 of the Home- At the appropriate place, insert the fol-
ceding clause (i), by striking ‘‘appropriate land Security Act of 2002’’; lowing:
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S5288 CONGRESSIONAL RECORD — SENATE September 28, 2022
SEC. lll. ENTREPRENEURSHIP ASSISTANCE (e) USE OF RESULTS; OUTREACH.—In car- where more than 293,000,000 people were im-
FOR MILITARY SPOUSES. rying out the program described in sub- pacted by data breaches in 2021.
(a) DEFINITIONS.—In this section— section (b), the Administrator shall— (3) Since 2017, losses resulting from iden-
(1) the term ‘‘Administrator’’ means the (1) take into consideration the results of tity fraud have increased by 333 percent, and,
Administrator of the Small Business Admin- the survey conducted under subsection (d)(1); in 2020, those losses totaled $56,000,000,000.
istration; and and (4) The Director of the Treasury Depart-
(2) the term ‘‘small business concern’’ has (2) develop an outreach program to ensure ment Financial Crimes Enforcement Net-
the meaning given the term in section 3(a) of that the program becomes well-known. work has stated that the abuse of personally
the Small Business Act (15 U.S.C. 632(a)). (f) CONSULTATION PERMITTED.—In carrying identifiable information and other building
(b) PROGRAM.— out this section, the Administrator may con- blocks of identity is a key enabler behind
(1) IN GENERAL.—Subject to paragraph (2), sult with the Secretary of Defense, as deter- much of the fraud and cybercrime affecting
the Administrator shall establish a program mined necessary by the Administrator. the United States today.
within the Small Business Administration, (5) The inadequacy of current digital iden-
the purpose of which shall be to assist mili- SA 5813. Ms. KLOBUCHAR (for her- tity solutions degrades security and privacy
tary spouses in forming, operating, and self and Ms. COLLINS) submitted an for all people in the United States, and next
growing small business concerns. amendment intended to be proposed to generation solutions are needed that im-
(2) EXTENSION OF EXISTING PROGRAM.—In amendment SA 5499 submitted by Mr. prove security, privacy, equity, and accessi-
lieu of establishing a new program, the Ad- REED (for himself and Mr. INHOFE) and bility.
ministrator may carry out the purposes de- (6) Government entities, as authoritative
intended to be proposed to the bill H.R. issuers of identity in the United States, are
scribed in paragraph (1) through an exten-
sion of a program that is in existence, as of 7900, to authorize appropriations for uniquely positioned to deliver critical com-
the date of enactment of this Act, if that ex- fiscal year 2023 for military activities ponents that address deficiencies in the dig-
tension is tailored to military spouses and of the Department of Defense, for mili- ital identity infrastructure of the United
otherwise achieves those purposes and satis- tary construction, and for defense ac- States and augment private sector digital
fies the requirements of this section. tivities of the Department of Energy, identity and authentication solutions.
(c) ASSISTANCE.—The assistance provided to prescribe military personnel (7) State governments are particularly
by the Administrator under the program de- strengths for such fiscal year, and for well-suited to play a role in enhancing dig-
scribed in subsection (b) shall include the ital identity solutions used by both the pub-
other purposes; which was ordered to lic and private sectors, given the role of
following:
lie on the table; as follows: State governments as the issuers of driver’s
(1) Assistance for military spouses in iden-
tifying and understanding the requirements At the appropriate place in title X, insert licenses and other identity documents com-
with respect to forming and operating a the following: monly used today.
small business concern. SEC. lll. EXPANSION OF MEMBERSHIP OF THE (8) The public and private sectors should
(2) Assistance for military spouses in ADVISORY COMMITTEE ON MINOR- collaborate to deliver solutions that promote
ITY VETERANS TO INCLUDE VET- confidence, privacy, choice, equity, accessi-
strengthening the expertise and skills nec- ERANS WHO ARE LESBIAN, GAY, BI-
essary for the formation and operation of a SEXUAL, TRANSGENDER, GENDER
bility, and innovation. The private sector
small business concern, including the exper- DIVERSE, GENDER NON-CON- drives much of the innovation around digital
tise and skills necessary to create a sustain- FORMING, INTERSEX, OR QUEER. identity in the United States and has an im-
able small business concern throughout the (a) EXPANSION OF MEMBERSHIP.—Sub- portant role to play in delivering digital
uniquely challenging requirements of life as section (a)(2)(A) of section 544 of title 38, identity solutions.
a military spouse, which arise as a result United States Code, is amended— (9) The bipartisan Commission on Enhanc-
of— (1) in clause (iv), by striking ‘‘and’’ at the ing National Cybersecurity has called for the
(A) military deployments; end; Federal Government to ‘‘create an inter-
(B) military-related absences from the (2) in clause (v), by striking the period at agency task force directed to find secure,
workforce; or the end and inserting ‘‘; and’’; and user-friendly, privacy-centric ways in which
(C) multiple permanent changes of duty (3) by inserting after clause (v) the fol- agencies can serve as 1 authoritative source
station or other long-term relocations for lowing new clause: to validate identity attributes in the broader
military reasons. ‘‘(vi) veterans who are lesbian, gay, bisex- identity market. This action would enable
(3) Through military spouse entrepreneur- ual, transgender, gender diverse, gender non- Government agencies and the private sector
ship organizations and business volunteer conforming, intersex, or queer.’’. to drive significant risk out of new account
entities (including by entering into coopera- (b) EFFECTIVE DATE.—Clause (vi) of section openings and other high-risk, high-value on-
tive agreements with those organizations 544(a)(2)(A) of title 38, United States Code, line services, and it would help all citizens
and entities), providing mentorship to mili- shall apply to appointments made on or after more easily and securely engage in trans-
tary spouses with respect to entrepreneur- the date of the enactment of this Act. actions online.’’.
ship. (10) The National Institute of Standards
(4) Any other assistance that the Adminis- SA 5814. Ms. SINEMA (for herself and and Technology has published digital iden-
trator determines to be appropriate. Ms. LUMMIS) submitted an amendment tity guidelines that address technical re-
(d) SURVEY; REPORT; USE OF RESULTS.— intended to be proposed to amendment quirements for identity proofing and the au-
(1) SURVEY.— thentication of users, but those guidelines do
SA 5499 submitted by Mr. REED (for not cover requirements for providing iden-
(A) IN GENERAL.—The Administrator, in himself and Mr. INHOFE) and intended
consultation with such nonprofit organiza- tity attribute validation services that could
tions and other stakeholders determined ap-
to be proposed to the bill H.R. 7900, to be used to support identity proofing.
propriate by the Administrator, shall con- authorize appropriations for fiscal year (11) It should be the policy of the Federal
duct a survey at select military installations 2023 for military activities of the De- Government to use the authorities and capa-
to identify the barriers to forming, oper- partment of Defense, for military con- bilities of the Federal Government, in co-
ating, and growing small business concerns struction, and for defense activities of ordination with State, local, Tribal, and ter-
that are faced by military spouses as a result the Department of Energy, to prescribe ritorial partners and private sector
of life as a military spouse, including as a re- innovators, to enhance the security, reli-
military personnel strengths for such ability, privacy, equity, accessibility, and
sult of the conditions described in subpara- fiscal year, and for other purposes;
graphs (A), (B), and (C) of subsection (c)(2). convenience of consent-based digital identity
(B) ANALYSIS REQUIRED.—The survey con-
which was ordered to lie on the table; solutions that support and protect trans-
ducted under subparagraph (A) shall include as follows: actions between individuals, government en-
an analysis of the challenges that military At the appropriate place, insert the fol- tities, and businesses, and that enable people
spouses face in accessing capital and other lowing: in the United States to prove who they are
critical resources with respect to forming, SEC. lll. IMPROVING DIGITAL IDENTITY. online.
operating, and growing small business con- (a) FINDINGS.—Congress finds the fol- (b) DEFINITIONS.—In this section:
cerns, including the education, mentoring, lowing: (1) APPROPRIATE NOTIFICATION ENTITIES.—
and training that is required to form, oper- (1) The lack of an easy, affordable, reliable, The term ‘‘appropriate notification entities’’
ate, and grow a small business concern. and secure way for organizations, businesses, means—
SSpencer on DSK126QN23PROD with SENATE
(2) REPORT.—Not later than 180 days after and government agencies to identify whether (A) the President;
the date of enactment of this Act, the Ad- an individual is who they claim to be online (B) the Committee on Homeland Security
ministrator shall submit to the Committee creates an attack vector that is widely ex- and Governmental Affairs of the Senate; and
on Small Business and Entrepreneurship of ploited by adversaries in cyberspace and pre- (C) the Committee on Oversight and Re-
the Senate and the Committee on Small cludes many high-value transactions from form of the House of Representatives.
Business of the House of Representatives a being available online. (2) DIGITAL IDENTITY VERIFICATION.—The
report containing the results of the survey (2) Incidents of identity theft and identity term ‘‘digital identity verification’’ means a
conducted under paragraph (1). fraud continue to rise in the United States, process to verify the identity or an identity
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