Amendments to SA 5499 on H.R. 7900 — Congressional Record, Senate, September 29, 2022
Summary
A page of the Congressional Record, Senate, dated September 29, 2022, at page S5572, under the heading Text of Amendments, listing amendments intended to be proposed to amendment SA 5499, submitted by Mr. Reed and Mr. Inhofe, to H.R. 7900, the defense authorization bill for fiscal year 2023. It lists SA 6415, submitted by Mr. Schatz, Mrs. Shaheen, Ms. Warren and Mr. Padilla, SA 6428 by Mr. Toomey, SA 6429 by Mr. Risch, SA 6430 by Ms. Murkowski and Mr. King and SA 6431 by Mr. Sasse. It prints the start of an amendment adding SEC. 730 under title VII, a clarification regarding licensure.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Amendments to SA 5499 on H.R. 7900 — Congressional Record, Senate, September 29, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-09-29-crec-2022-09-29-pt1-pgs5572-9a45f02e2c/
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S5572 CONGRESSIONAL RECORD — SENATE September 29, 2022
SA 5499 submitted by Mr. REED (for himself be proposed to the bill H.R. 7900, supra; (for himself and Mr. INHOFE) and intended to
and Mr. INHOFE) and intended to be proposed which was ordered to lie on the table. be proposed to the bill H.R. 7900, supra;
to the bill H.R. 7900, supra; which was or- SA 6428. Mr. TOOMEY submitted an which was ordered to lie on the table.
dered to lie on the table. amendment intended to be proposed to
f
SA 6415. Mr. SCHATZ (for himself, Mrs. amendment SA 5499 submitted by Mr. REED
SHAHEEN, Ms. WARREN, and Mr. PADILLA) (for himself and Mr. INHOFE) and intended to TEXT OF AMENDMENTS
submitted an amendment intended to be pro- be proposed to the bill H.R. 7900, supra;
posed to amendment SA 5499 submitted by which was ordered to lie on the table.
Mr. REED (for himself and Mr. INHOFE) and SA 6429. Mr. RISCH submitted an amend- SA 6033. Mr. SULLIVAN submitted
intended to be proposed to the bill H .R. 7900, ment intended to be proposed to amendment an amendment intended to be proposed
supra; which was ordered to lie on the table. SA 5499 submitted by Mr. REED (for himself to amendment SA 5499 submitted by
SA 6416. Mr. SCHATZ submitted an amend- and Mr. INHOFE) and intended to be proposed Mr. REED (for himself and Mr. INHOFE)
ment intended to be proposed to amendment to the bill H.R. 7900, supra; which was or-
and intended to be proposed to the bill
SA 5499 submitted by Mr. REED (for himself dered to lie on the table.
and Mr. INHOFE) and intended to be proposed SA 6430. Ms. MURKOWSKI (for herself and H.R. 7900, to authorize appropriations
to the bill H.R. 7900, supra; which was or- Mr. KING) submitted an amendment intended for fiscal year 2023 for military activi-
dered to lie on the table. to be proposed to amendment SA 5499 sub- ties of the Department of Defense, for
SA 6417. Mr. SCHATZ submitted an amend- mitted by Mr. REED (for himself and Mr. military construction, and for defense
ment intended to be proposed to amendment INHOFE) and intended to be proposed to the activities of the Department of Energy,
SA 5499 submitted by Mr. REED (for himself bill H.R. 7900, supra; which was ordered to lie to prescribe military personnel
and Mr. INHOFE) and intended to be proposed on the table. strengths for such fiscal year, and for
to the bill H.R. 7900, supra; which was or- SA 6431. Mr. SASSE submitted an amend-
dered to lie on the table. ment intended to be proposed to amendment other purposes; which was ordered to
SA 6418. Ms. CANTWELL submitted an SA 5499 submitted by Mr. REED (for himself lie on the table; as follows:
amendment intended to be proposed to and Mr. INHOFE) and intended to be proposed At the end of subtitle B of title VII, add
amendment SA 5499 submitted by Mr. REED to the bill H.R. 7900, supra; which was or- the following:
(for himself and Mr. INHOFE) and intended to dered to lie on the table. SEC. 730. CLARIFICATION REGARDING LICEN-
be proposed to the bill H.R. 7900, supra; SA 6432. Mr. SASSE submitted an amend- SURE REQUIREMENTS FOR PROVI-
which was ordered to lie on the table. ment intended to be proposed to amendment SION OF NON-MEDICAL COUNSELING
SA 6419. Ms. CANTWELL submitted an SA 5499 submitted by Mr. REED (for himself SERVICES BY CERTAIN HEALTH-
amendment intended to be proposed to and Mr. INHOFE) and intended to be proposed CARE PROFESSIONALS.
amendment SA 5499 submitted by Mr. REED to the bill H.R. 7900, supra; which was or- Section 1094 of title 10, United States Code
(for himself and Mr. INHOFE) and intended to dered to lie on the table. is amended—
be proposed to the bill H.R. 7900, supra; SA 6433. Mr. SASSE submitted an amend- (1) in subsection (d)(1), by inserting ‘‘, in-
which was ordered to lie on the table. ment intended to be proposed to amendment cluding by providing non-medical counseling
SA 6420. Mr. SANDERS (for himself, Mr. SA 5499 submitted by Mr. REED (for himself services in connection with such practice,’’
MARKEY, and Ms. WARREN) submitted an and Mr. INHOFE) and intended to be proposed after ‘‘the health profession or professions of
amendment intended to be proposed to to the bill H.R. 7900, supra; which was or- the health-care professional’’; and
amendment SA 5499 submitted by Mr. REED dered to lie on the table. (2) in subsection (e), by adding at the end
(for himself and Mr. INHOFE) and intended to SA 6434. Mr. THUNE submitted an amend- the following new paragraph:
be proposed to the bill H.R. 7900, supra; ment intended to be proposed to amendment ‘‘(3) The term ‘non-medical counseling’—
which was ordered to lie on the table. SA 5499 submitted by Mr. REED (for himself ‘‘(A) means short-term, non-therapeutic
SA 6421. Mr. SANDERS submitted an and Mr. INHOFE) and intended to be proposed counseling that is not an appropriate sub-
amendment intended to be proposed to to the bill H.R. 7900, supra; which was or- stitute for individuals in need of clinical
amendment SA 5499 submitted by Mr. REED dered to lie on the table. therapy; and
(for himself and Mr. INHOFE) and intended to SA 6435. Ms. CANTWELL (for herself and ‘‘(B) includes counseling that is supportive
be proposed to the bill H.R. 7900, supra; Mr. WICKER) submitted an amendment in- in nature and addresses issues such as gen-
which was ordered to lie on the table. tended to be proposed to amendment SA 5499 eral conditions of living, life skills, improv-
SA 6422. Mr. SANDERS submitted an submitted by Mr. REED (for himself and Mr. ing relationships at home and at work, stress
amendment intended to be proposed to INHOFE) and intended to be proposed to the management, adjustment issues (such as
amendment SA 5499 submitted by Mr. REED bill H.R. 7900, supra; which was ordered to lie those related to returning from a deploy-
(for himself and Mr. INHOFE) and intended to on the table. ment), marital problems, parenting, and
be proposed to the bill H.R. 7900, supra; SA 6436. Ms. CANTWELL (for herself and grief and loss.’’.
which was ordered to lie on the table. Mr. WICKER) submitted an amendment in-
SA 6423. Mr. INHOFE (for himself and Ms. tended to be proposed to amendment SA 5499 SA 6034. Mr. WICKER submitted an
DUCKWORTH) submitted an amendment in- submitted by Mr. REED (for himself and Mr. amendment intended to be proposed to
tended to be proposed to amendment SA 5499 INHOFE) and intended to be proposed to the amendment SA 5499 submitted by Mr.
submitted by Mr. REED (for himself and Mr. bill H.R. 7900, supra; which was ordered to lie REED (for himself and Mr. INHOFE) and
INHOFE) and intended to be proposed to the on the table.
bill H.R. 7900, supra; which was ordered to lie SA 6437. Ms. CANTWELL (for herself and
intended to be proposed to the bill H.R.
on the table. Mr. WICKER) submitted an amendment in- 7900, to authorize appropriations for
SA 6424. Mr. MENENDEZ (for himself, Mr. tended to be proposed to amendment SA 5499 fiscal year 2023 for military activities
KENNEDY, Mr. BOOKER, Mr. BLUMENTHAL, Mr. submitted by Mr. REED (for himself and Mr. of the Department of Defense, for mili-
COONS, Mr. BROWN, Mr. DURBIN, Mrs. FEIN- INHOFE) and intended to be proposed to the tary construction, and for defense ac-
STEIN, Ms. HASSAN, Mr. CASEY, and Mr. bill H.R. 7900, supra; which was ordered to lie tivities of the Department of Energy,
KAINE) submitted an amendment intended to on the table. to prescribe military personnel
be proposed to amendment SA 5499 sub- SA 6438. Mr. PETERS (for himself and Mr.
strengths for such fiscal year, and for
mitted by Mr. REED (for himself and Mr. PORTMAN) submitted an amendment intended
INHOFE) and intended to be proposed to the to be proposed to amendment SA 5499 sub- other purposes; which was ordered to
bill H.R. 7900, supra; which was ordered to lie mitted by Mr. REED (for himself and Mr. lie on the table; as follows:
on the table. INHOFE) and intended to be proposed to the At the end of subtitle C of title X, add the
SA 6425. Mr. MENENDEZ (for himself and bill H.R. 7900, supra; which was ordered to lie following:
Mr. CRAMER) submitted an amendment in- on the table. SEC. 1026. AUTHORITY TO CONVEY BY DONATION
tended to be proposed to amendment SA 5499 SA 6439. Mr. WICKER submitted an amend- CERTAIN VESSELS FOR HUMANI-
submitted by Mr. REED (for himself and Mr. ment intended to be proposed to amendment TARIAN ASSISTANCE AND DISASTER
INHOFE) and intended to be proposed to the SA 5499 submitted by Mr. REED (for himself RELIEF PURPOSES.
bill H.R. 7900, supra; which was ordered to lie and Mr. INHOFE) and intended to be proposed (a) AUTHORITY TO CONVEY.—The Secretary
on the table. to the bill H.R. 7900, supra; which was or- of the Navy may convey, by donation, all
SA 6426. Ms. ERNST submitted an amend- dered to lie on the table. right, title, and interest of the United States
ment intended to be proposed to amendment SA 6440. Mr. WARNER submitted an Government in and to any vessel described in
SA 5499 submitted by Mr. REED (for himself amendment intended to be proposed to subsection (b) to the Coalition of Hope Foun-
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and Mr. INHOFE) and intended to be proposed amendment SA 5499 submitted by Mr. REED dation, Inc., a nonprofit organization, for use
to the bill H.R. 7900, supra; which was or- (for himself and Mr. INHOFE) and intended to in the provision of humanitarian assistance
dered to lie on the table. be proposed to the bill H.R. 7900, supra; and disaster relief services, if the vessel is no
SA 6427. Mr. CASSIDY submitted an which was ordered to lie on the table. longer required by the United States Govern-
amendment intended to be proposed to SA 6441. Mr. PADILLA submitted an ment.
amendment SA 5499 submitted by Mr. REED amendment intended to be proposed to (b) VESSELS DESCRIBED.—The vessels de-
(for himself and Mr. INHOFE) and intended to amendment SA 5499 submitted by Mr. REED scribed in this subsection are the following
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5573
vessels, which have been stricken from the TITLE ll—NATIONAL STRATEGY FOR (vi) enable dynamic contracting and con-
Naval Vessel Register: THE RESEARCH AND DEVELOPMENT OF tract execution through smart contracts;
(1) The former U.S.S. Tarawa (LHA–1) DISTRIBUTED LEDGER TECHNOLOGIES (vii) enable participants to collaborate in
(2) The former U.S.S. Peleliu (LHA–5). SEC. ll. DEFINITIONS. trustless and disintermediated environ-
In this title: ments;
(c) TERMS OF CONVEYANCE.—
(1) DIRECTOR.—Except as otherwise ex- (viii) enable the operations and governance
(1) DELIVERY OF VESSEL.—The Secretary of
pressly provided, the term ‘‘Director’’ means of distributed organizations; and
the Navy shall deliver a vessel conveyed
the Director of the Office of Science and (ix) create new ownership models for dig-
under subsection (a)— ital items.
(A) at a location and on a date of convey- Technology Policy.
(2) DISTRIBUTED LEDGER.—The term ‘‘dis- (B) In consideration of the potential risks
ance as mutually agreed to by the Secretary of applications of distributed ledger tech-
and the recipient; and tributed ledger’’ means a ledger that—
(A) is shared across a set of distributed nologies under subparagraph (A), the Direc-
(B) in its condition on that date. tor shall take into account, where applica-
(2) LIMITATIONS ON LIABILITY AND RESPONSI- nodes, which are devices or processes, that
participate in a network and store a com- ble—
BILITY.—
plete or partial replica of the ledger; (i) software vulnerabilities in distributed
(A) IMMUNITY OF THE UNITED STATES.—The ledger technologies and smart contracts;
United States and all departments and agen- (B) is synchronized between the nodes;
(ii) limited consumer literacy on engaging
cies thereof, and their officers and employ- (C) has data appended to it by following
with applications of distributed ledger tech-
ees, shall not be liable at law or in equity for the ledger’s specified consensus mechanism;
nologies in a secure way;
any injury or damage to any person or prop- (D) may be accessible to anyone (public) or
(iii) the use of distributed ledger tech-
erty occurring on a vessel donated under this restricted to a subset of participants (pri-
nologies in illicit finance and their use in
section. vate); and
combating illicit finance;
(B) IMPROVEMENTS, UPGRADES, AND RE- (E) may require participants to have au-
(iv) manipulative, deceptive, and fraudu-
PAIRS.—Notwithstanding any other law, the thorization to perform certain actions
lent practices that harm consumers engaging
Department of Defense, and the officers and (permissioned) or require no authorization
with applications of distributed ledger tech-
employees of the Department of Defense, (permissionless).
nologies;
shall have no responsibility or obligation to (3) DISTRIBUTED LEDGER TECHNOLOGY.—The
(v) the implications of different consensus
make, engage in, or provide funding for, any term ‘‘distributed ledger technology’’ means mechanisms for digital ledgers and govern-
improvement, upgrade, modification, main- technology that enables the operation and ance and accountability mechanisms for ap-
tenance, preservation, or repair to a vessel use of distributed ledgers. plications of distributed ledger technologies,
donated under this section. (4) INSTITUTION OF HIGHER EDUCATION.—The which may include decentralized networks;
(C) CLAIMS ARISING FROM EXPOSURE TO HAZ- term ‘‘institution of higher education’’ has (vi) foreign activities in the development
ARDOUS MATERIAL.—The Secretary may not the meaning given the term in section 101 of and deployment of distributed ledger tech-
convey a vessel under this section unless the the Higher Education Act of 1965 (20 U.S.C. nologies and their associated tools and infra-
recipient agrees to hold the United States 1001). structure; and
Government harmless for any claim arising (5) RELEVANT CONGRESSIONAL COMMIT- (vii) environmental, sustainability, and
from exposure to hazardous material, includ- TEES.—The term ‘‘relevant congressional economic impacts of the computational re-
ing asbestos and polychlorinated biphenyls, committees’’ means— sources required for distributed ledger tech-
after the conveyance of the vessel, except for (A) the Committee on Commerce, Science, nologies.
any claim arising before the date of the con- and Transportation of the Senate; and (3) Potential uses for distributed ledger
veyance or from use of the vessel by the Gov- (B) the Committee on Science, Space, and technologies that could improve the oper-
ernment after that date. Technology of the House of Representatives. ations and delivery of services by Federal
(3) CONVEYANCE TO BE AT NO COST TO DE- (6) SMART CONTRACT.—The term ‘‘smart agencies, taking into account the potential
PARTMENT OF DEFENSE.—Any conveyance of a contract’’ means a computer program stored of digital ledger technologies to—
vessel under this section, the demilitariza- in a distributed ledger system that is exe- (A) improve the efficiency and effective-
tion of Munitions List items of that vessel, cuted when certain predefined conditions are ness of privacy-preserving data sharing
the maintenance and preservation of that satisfied and wherein the outcome of any among Federal agencies and with State,
vessel after conveyance, and the ultimate execution of the program may be recorded on local, territorial, and Tribal governments;
disposal of that vessel shall be made at no the distributed ledger. (B) promote government transparency by
cost to the Department of Defense. SEC. ll. NATIONAL DISTRIBUTED LEDGER improving data sharing with the public;
(4) ADDITIONAL TERMS.—The Secretary may TECHNOLOGY R&D STRATEGY. (C) introduce or mitigate risks that may
require such additional terms in connection (a) IN GENERAL.—The Director, or a des- threaten individuals’ rights or access to Fed-
with the conveyance authorized by this sec- ignee of the Director, shall, in coordination eral services; and
tion as the Secretary considers appropriate. with the National Science and Technology (D) automate and modernize processes for
Council, and the heads of such other relevant assessing and ensuring regulatory compli-
(d) DEFINITIONS.—In this section: Federal agencies as the Director considers ance.
(1) NONPROFIT ORGANIZATION.—The term appropriate and in consultation with such (4) Ways to support public and private sec-
‘‘nonprofit organization’’ means an organiza- nongovernmental entities as the Director tor dialogue on areas of research that could
tion described in section 501(c)(3) of the In- considers appropriate, develop a national enhance the efficiency, scalability, inter-
ternal Revenue Code of 1986 and exempt from strategy for the research and development of operability, security, and privacy of applica-
taxation under section 501(a) of that Code. distributed ledger technologies and their ap- tions using distributed ledger technologies.
(2) MUNITIONS LIST.—The term ‘‘Munitions plications, with a particular focus on appli- (5) The need for increased coordination of
List’’ means the United States Munitions cations of public and permissionless distrib- the public and private sectors on the devel-
List created and controlled under section 38 uted ledgers. In developing the national opment of voluntary standards, including
of the Arms Export Control Act (22 U.S.C. strategy, the Director shall consider the fol- those regarding security, smart contracts,
2778). lowing: cryptographic protocols, virtual routing and
--- (1) Current efforts and coordination by forwarding, interoperability, zero-knowledge
Federal agencies to invest in the research proofs, and privacy, for distributed ledger
SA 6035. Mr. WICKER (for himself
and development of distributed ledger tech- technologies and their applications.
and Ms. LUMMIS) submitted an amend- nologies and their applications, including (6) Applications of distributed ledger tech-
ment intended to be proposed to through programs like the Small Business nologies that could positively benefit society
amendment SA 5499 submitted by Mr. Innovation Research and Small Business but that receive relatively little private sec-
REED (for himself and Mr. INHOFE) and Technology Transfer programs. tor investment.
(2)(A) The potential benefits and risks of (7) The United States position in global
intended to be proposed to the bill H.R.
applications of distributed ledger tech- leadership and competitiveness across re-
7900, to authorize appropriations for nologies across different industry sectors, in- search, development, and deployment of dis-
fiscal year 2023 for military activities cluding their potential to— tributed ledger technologies.
of the Department of Defense, for mili- (i) lower transactions costs and facilitate (b) CONSULTATION.—
tary construction, and for defense ac- new types of commercial transactions; (1) IN GENERAL.—In carrying out the Direc-
(ii) protect privacy and increase individ- tor’s duties under this section, the Director
tivities of the Department of Energy,
uals’ data sovereignty; shall consult with the following:
to prescribe military personnel
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(iii) reduce friction to the interoperability (A) Private industry.
strengths for such fiscal year, and for of digital systems; (B) Institutions of higher education.
other purposes; which was ordered to (iv) increase the accessibility, auditability, (C) Nonprofit organizations, including
lie on the table; as follows: security, efficiency, and transparency of dig- foundations dedicated to supporting distrib-
ital services; uted ledger technologies and their applica-
At the appropriate place, insert the fol- (v) increase market competition in the tions.
lowing: provision of digital services; (D) State governments.
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S5574 CONGRESSIONAL RECORD — SENATE September 29, 2022
(E) Such other persons as the Director con- (5) game theory, mechanism design, and ec- (3) consider, in the selection of a project,
siders appropriate. onomics underpinning and facilitating the whether the project addresses a pressing
(2) REPRESENTATION.—The Director shall operations and governance of decentralized need not already addressed by another orga-
ensure consultations with the following: networks enabled by distributed ledger tech- nization or Federal agency;
(A) Rural and urban stakeholders from nologies; (4) establish plans to mitigate potential
across the Nation. (6) the social behaviors of participants in risks, for example those to privacy, of poten-
(B) Small, medium, and large businesses. decentralized networks enabled by distrib- tial projects;
(C) Subject matter experts representing uted ledger technologies; (5) produce an example solution leveraging
multiple industrial sectors. (7) human-centric design approaches to distributed ledger technologies for 1 of the
(c) COORDINATION.—In carrying out this make distributed ledger technologies and applications identified in paragraph (1);
section, the Director shall, for purposes of their applications more usable and acces- (6) hold a competitive process to select pri-
avoiding duplication of activities, consult, sible; and vate sector partners, if they are engaged, to
cooperate, and coordinate with the programs (8) use cases for distributed ledger tech- support the implementation of the example
and policies of other relevant Federal agen- nologies across various industry sectors and solution;
cies, including the interagency process out- government, including applications per- (7) consider hosting the project at the Na-
lined in section 3 of Executive Order 14067 (87 taining to— tional Cybersecurity Center of Excellence;
Fed. Reg. 14143; relating ensuring responsible (A) digital identity, including trusted iden- and
development of digital assets). tity and identity management; (8) ensure that cybersecurity best practices
(d) NATIONAL STRATEGY.—Not later than 1
(B) digital property rights; consistent with the Cybersecurity Frame-
year after the date of enactment of this Act,
(C) delivery of public services; work of the National Institute of Standards
the Director shall submit to the relevant
congressional committees and the President (D) supply chain transparency; and Technology are demonstrated in the
a national strategy that includes the fol- (E) medical information management; project.
lowing: (F) inclusive financial services; (c) BRIEFINGS TO CONGRESS.—Not later
(1) Priorities for the research and develop- (G) community governance; than 1 year after the date of enactment of
ment of distributed ledger technologies and (H) charitable giving; this Act, the Director of the National Insti-
their applications. (I) public goods funding; tute of Standards and Technology shall offer
(2) Plans to support public and private sec- (J) digital credentials; a briefing to the relevant congressional com-
tor investment and partnerships in research (K) regulatory compliance; mittees on the progress and current findings
and technology development for societally (L) infrastructure resilience; and from the project under this section.
beneficial applications of distributed ledger (M) peer-to-peer transactions. (d) PUBLIC REPORT.—Not later than 12
technologies. (b) ACCELERATING INNOVATION.—The Direc- months after the completion of the project
(3) Plans to mitigate the risks of distrib- tor of the National Science Foundation shall under this section, the Director of the Na-
uted ledger technologies and their applica- consider supporting startups that leverage tional Institute of Standards and Technology
tions. distributed ledger technologies, have the po- shall make public a report on the results and
(4) An identification of additional re- tential to positively benefit society, and findings from the project.
sources, administrative action, or legislative have the potential for commercial viability,
action recommended to assist with the im- through programs like the Small Business
Innovation Research and Small Business SA 6036. Mr. WICKER submitted an
plementation of such strategy.
(e) RESEARCH AND DEVELOPMENT FUND- Technology Transfer programs. amendment intended to be proposed to
ING.—The Director shall, as the Director con-
(c) CONSIDERATION OF NATIONAL DISTRIB- amendment SA 5499 submitted by Mr.
siders necessary, consult with the Director UTED LEDGER TECHNOLOGY RESEARCH AND DE- REED (for himself and Mr. INHOFE) and
VELOPMENT STRATEGY.—In making awards
of the Office of Management and Budget and intended to be proposed to the bill H.R.
with the heads of such other elements of the under subsection (a), the Director of the Na-
tional Science Foundation shall take into
7900, to authorize appropriations for
Executive Office of the President as the Di- fiscal year 2023 for military activities
rector considers appropriate, to ensure that account the national strategy, as described
the recommendations and priorities with re- in section ll(d). of the Department of Defense, for mili-
spect to research and development funding, (d) FUNDAMENTAL RESEARCH.—The Director tary construction, and for defense ac-
as expressed in the national strategy devel- of the National Science Foundation shall tivities of the Department of Energy,
oped under this section, are incorporated in continue to make awards supporting funda- to prescribe military personnel
the development of annual budget requests mental research in areas related to distrib-
strengths for such fiscal year, and for
for Federal research agencies. uted ledger technologies and their applica-
tions, such as applied cryptography and dis- other purposes; which was ordered to
(f) AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated to tributed systems. lie on the table; as follows:
the Director $1,000,000 to carry out this sec- SEC. ll. DISTRIBUTED LEDGER TECHNOLOGY At the end of subtitle B of title IX, add the
tion for fiscal years 2023 and 2024. APPLIED RESEARCH PROJECT. following:
SEC. ll. DISTRIBUTED LEDGER TECHNOLOGY (a) APPLIED RESEARCH PROJECT.—Subject
SEC. 916. CLARIFICATION OF PEACETIME FUNC-
RESEARCH. to the availability of appropriations, the Di- TIONS OF THE NAVY.
(a) IN GENERAL.—The Director of the Na- rector of the National Institute of Standards
and Technology, shall carry out an applied Section 8062(a) of title 10, United States
tional Science Foundation shall make
research project to study and demonstrate Code, is amended—
awards, on a competitive basis, to institu-
the potential benefits and unique capabili- (1) in the second sentence, by striking ‘‘pri-
tions of higher education or nonprofit orga-
ties of distributed ledger technologies. marily’’ and inserting ‘‘for the peacetime
nizations (or consortia of such institutions
(b) ACTIVITIES.—In carrying out the applied promotion of the national security interests
or organizations) to support research, includ-
ing socio-technical research, on distributed research project, the Director of the Na- and prosperity of the United States and’’;
ledger technologies and their applications, tional Institute of Standards and Technology and
with a particular focus on applications of shall— (2) in the third sentence, by striking ‘‘for
public and permissionless distributed ledg- (1) identify potential applications of dis- the effective prosecution of war’’ and insert-
ers, which may include research on— tributed ledger technologies, including those ing ‘‘for the duties described in the preceding
(1) the implications on trust, transparency, that could benefit activities at the Depart- sentence’’.
privacy, accountability, and energy con- ment of Commerce or at other Federal agen-
sumption of different consensus mechanisms cies, considering applications that could— SA 6037. Mr. WICKER submitted an
and hardware choices, and approaches for ad- (A) improve the privacy and interoper- amendment intended to be proposed to
dressing these implications; ability of digital identity and access man- amendment SA 5499 submitted by Mr.
(2) approaches for improving the security, agement solutions; REED (for himself and Mr. INHOFE) and
privacy, resiliency, interoperability, per- (B) increase the integrity and transparency
intended to be proposed to the bill H.R.
formance, and scalability of distributed ledg- of supply chains through the secure and lim-
er technologies and their applications, which ited sharing of relevant supplier informa- 7900, to authorize appropriations for
may include decentralized networks; tion; fiscal year 2023 for military activities
(3) approaches for identifying and address- (C) facilitate increased interoperability of the Department of Defense, for mili-
ing vulnerabilities and improving the per- across healthcare information systems and tary construction, and for defense ac-
formance and expressive power of smart con- consumer control over the movement of tivities of the Department of Energy,
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tracts; their medical data; or to prescribe military personnel
(4) the implications of quantum computing (D) be of benefit to the public or private strengths for such fiscal year, and for
on applications of distributed ledger tech- sectors, as determined by the Director in
other purposes; which was ordered to
nologies, including long-term protection of consultation with relevant stakeholders;
sensitive information (such as medical or (2) solicit and provide the opportunity for lie on the table; as follows:
digital property), and techniques to address public comment relevant to potential At the end of subtitle G of title X, add the
them; projects; following:
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5575
SEC. 1077.ENHANCED COLLABORATION BE- SEC. 2842. LAND CONVEYANCE, STARKVILLE, MIS- (f) ADDITIONAL TERMS AND CONDITIONS.—
TWEEN DEPARTMENT OF DEFENSE SISSIPPI. The Secretary may require such additional
AND HISTORICALLY BLACK COL- (a) CONVEYANCE AUTHORIZED.—The Sec- terms and conditions in connection with the
LEGES AND UNIVERSITIES AND MI- retary of the Army (in this section referred
NORITY-SERVING INSTITUTIONS OF conveyance under subsection (a) as the Sec-
to as the ‘‘Secretary’’) may convey to the retary considers appropriate to protect the
HIGHER EDUCATION.
City of Starkville, Mississippi (in this sec- interests of the United States.
(a) PARTNERSHIPS PROGRAM.—
tion referred to as the ‘‘City’’), all right,
(1) PLAN.—Not later than 90 days after the
title, and interest of the United States in SA 6040. Mr. WICKER (for himself
date of the enactment of this Act, the Sec- and to a parcel of real property, including
retary of Defense shall submit to the con- improvements thereon, located at 343 High-
and Mrs. HYDE-SMITH) submitted an
gressional defense committees a plan for a way 12, Starkville, Mississippi 39759, to be amendment intended to be proposed to
program to establish partnerships between used for economic development purposes. amendment SA 5499 submitted by Mr.
historically black colleges and universities (b) REVERSIONARY INTEREST.— REED (for himself and Mr. INHOFE) and
(HBCUs) and minority-serving institutions of (1) IN GENERAL.—If the Secretary deter- intended to be proposed to the bill H.R.
higher education (MSIs) and defense labora- mines at any time that the property con-
tories, Federal defense agencies and organi-
7900, to authorize appropriations for
veyed under subsection (a) is not being used fiscal year 2023 for military activities
zations, the defense industry, university af- in accordance with the purpose of the con-
filiated research centers, federally funded re- veyance specified in such subsection, all
of the Department of Defense, for mili-
search and development centers, and other right, title, and interest in and to the prop- tary construction, and for defense ac-
institutions of higher education in research, erty, including any improvements thereto, tivities of the Department of Energy,
development, testing, and evaluation in shall, at the option of the Secretary, revert to prescribe military personnel
areas important to the national security to and become the property of the United strengths for such fiscal year, and for
functions of the Department of Defense. States, and the United States shall have the other purposes; which was ordered to
(2) IMPLEMENTATION.—The Secretary of De- right of immediate entry onto such property.
fense shall implement the program described lie on the table; as follows:
(2) DETERMINATION.—A determination by
in paragraph (1) by not later than July 1, At the end of subtitle D of title I, add the
the Secretary under paragraph (1) shall be
2023. following:
made on the record after an opportunity for
(b) HBCU/MSI SPONSORED PROGRAMS a hearing. SEC. 144. PROHIBITION ON DIVESTITURE OF T–1A
SHARED SERVICES CENTER.—Not later than 90 (c) CONSIDERATION.— TRAINER AIRCRAFT.
days after the date of the enactment of this (1) IN GENERAL.—As consideration for the The Secretary of the Air Force may not di-
Act, the Secretary of Defense shall submit to conveyance of property under subsection (a), vest any T–1A trainer aircraft until the Sec-
the congressional defense committees a plan the City shall pay to the United States an retary—
to establish an HBCU/MSI Sponsored Pro- amount equal to the fair market value of the (1) has implemented undergraduate pilot
grams Shared Services Center (SPSSC) to training 2.5 fleet-wide; and
property to be conveyed.
provide Federal research and contract pur- (2) submits to Congress the date on which
(2) DETERMINATION OF FAIR MARKET
suit, capture, and administration support to the T–7A aircraft will achieve full oper-
VALUE.—The Secretary shall determine the
covered institutions. The SPSSC shall be ational capability.
fair market value of the property to be con-
formed and managed by a commercial or
veyed under subsection (a) using an inde-
academic entity, or a consortium that in- SA 6041. Mr. WICKER submitted an
cludes commercial and academic entities. pendent appraisal based on the highest and
The plans shall include a means to have the best use of the property. amendment intended to be proposed to
SPSSC in operation by not later than July 1, (3) TREATMENT OF CONSIDERATION RE- amendment SA 5499 submitted by Mr.
2023. CEIVED.—Consideration received under para- REED (for himself and Mr. INHOFE) and
graph (1) shall be deposited in the special ac- intended to be proposed to the bill H.R.
SA 6038. Mr. WICKER submitted an count in the Treasury established under sub-
7900, to authorize appropriations for
amendment intended to be proposed to paragraph (A) of section 572(b)(5) of title 40,
United States Code, and shall be available in fiscal year 2023 for military activities
amendment SA 5499 submitted by Mr. of the Department of Defense, for mili-
accordance with subparagraph (B) of such
REED (for himself and Mr. INHOFE) and tary construction, and for defense ac-
section.
intended to be proposed to the bill H.R. (d) PAYMENT OF COSTS OF CONVEYANCE.— tivities of the Department of Energy,
7900, to authorize appropriations for (1) PAYMENT.— to prescribe military personnel
fiscal year 2023 for military activities (A) IN GENERAL.—The Secretary may re- strengths for such fiscal year, and for
of the Department of Defense, for mili- quire the City to cover all costs (except costs
other purposes; which was ordered to
tary construction, and for defense ac- for environmental remediation of the prop-
erty) to be incurred by the Secretary, or to lie on the table; as follows:
tivities of the Department of Energy,
to prescribe military personnel reimburse the Secretary for costs incurred At the end of subtitle C of title I, add the
by the Secretary, to carry out the convey- following:
strengths for such fiscal year, and for
ance under subsection (a), including survey SEC. 131. PROCUREMENT AUTHORITIES FOR CER-
other purposes; which was ordered to TAIN AMPHIBIOUS SHIPBUILDING
costs, costs for environmental documenta-
lie on the table; as follows: tion, and any other administrative costs re- PROGRAMS.
At the end of subtitle G of title X, add the lated to the conveyance. (a) CONTRACT AUTHORITY.—
following: (B) REFUND.—If amounts are collected (1) PROCUREMENT AUTHORIZED.—The Sec-
SEC. 1077. NATIONAL FLAGSHIP LANGUAGE INI- from the City under subparagraph (A) in ad- retary of the Navy may enter into one or
TIATIVE GRANT PROGRAM. more contracts for the procurement of up to
vance of the Secretary incurring the actual
Section 811(a) of the David L. Boren Na- costs, and the amount collected exceeds the five covered ships.
tional Security Education Act of 1991 (50 costs actually incurred by the Secretary to (2) PROCUREMENT IN CONJUNCTION WITH EX-
U.S.C. 1911(a)) is amended by striking ‘‘be- carry out the conveyance under subsection ISTING CONTRACTS.—The ships authorized to
ginning with fiscal year 2020, $16,000,000’’ and be procured under paragraph (1) may be pro-
(a), the Secretary shall refund the excess
inserting ‘‘beginning with fiscal year 2023, cured as additions to existing contracts cov-
amount to the City.
$28,000,000’’. ering such programs.
(2) TREATMENT OF AMOUNTS RECEIVED.—
Amounts received under paragraph (1) as re- (b) CERTIFICATION REQUIRED.—A contract
SA 6039. Mr. WICKER (for himself
imbursement for costs incurred by the Sec- may not be entered into under subsection (a)
and Mrs. HYDE-SMITH) submitted an unless the Secretary of the Navy certifies to
retary to carry out the conveyance under
amendment intended to be proposed to subsection (a) shall be credited to the fund or the congressional defense committees, in
amendment SA 5499 submitted by Mr. account that was used to cover the costs in- writing, not later than 30 days before entry
REED (for himself and Mr. INHOFE) and curred by the Secretary in carrying out the into the contract, each of the following,
intended to be proposed to the bill H.R. conveyance, or to an appropriate fund or ac- which shall be prepared by the milestone de-
7900, to authorize appropriations for count currently available to the Secretary cision authority for such programs:
fiscal year 2023 for military activities for the purposes for which the costs were (1) The use of such a contract is consistent
of the Department of Defense, for mili- paid. Amounts so credited shall be merged with the Commandant of the Marine Corp’s
tary construction, and for defense ac- with amounts in such fund or account and projected force structure requirements for
shall be available for the same purposes, and amphibious ships.
tivities of the Department of Energy,
dlhill on DSK120RN23PROD with SENATE
subject to the same conditions and limita- (2) The use of such a contract will result in
to prescribe military personnel significant savings compared to the total an-
tions, as amounts in such fund or account.
strengths for such fiscal year, and for (e) DESCRIPTION OF PROPERTY.—The exact ticipated costs of carrying out the program
other purposes; which was ordered to acreage and legal description of the property through annual contracts. In certifying cost
lie on the table; as follows: to be conveyed under subsection (a) shall be savings under the preceding sentence, the
At the end of subtitle C of title XXVIII, determined by a survey satisfactory to the Secretary shall include a written expla-
add the following: Secretary. nation of—
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S5576 CONGRESSIONAL RECORD — SENATE September 29, 2022
(A) the estimated end cost and appro- (ii) by striking ‘‘the Secretary of Defense’’ (1) in the section heading, by striking ‘‘CY-
priated funds by fiscal year, by hull, without and inserting ‘‘the Secretary of Commerce’’; BERSECURITY AND LEGAL PROFESSIONALS’’ and
the authority provided in subsection (a); (2) in paragraph (2)— inserting ‘‘COVERED EMPLOYEES’’;
(B) the estimated end cost and appro- (A) in subparagraph (A)— (2) in subsection (a), by striking ‘‘cyberse-
priated funds by fiscal year, by hull, with the (i) in the matter preceding clause (i), by curity and legal professionals’’ and inserting
authority provided in subsection (a); striking ‘‘the Secretary’’ and inserting ‘‘the ‘‘covered employees’’;
(C) the estimated cost savings or increase Secretary of Defense’’; and (3) in subsection (b)—
by fiscal year, by hull, with the authority (ii) in clause (i), by striking ‘‘the Secretary (A) in the subsection heading, by striking
provided in subsection (a); of Defense’’ and inserting ‘‘the Secretary of ‘‘CYBERSECURITY AND LEGAL PROFESSIONALS’’
(D) the discrete actions that will accom- Commerce’’; and and inserting ‘‘COVERED EMPLOYEES’’; and
plish such cost savings or avoidance; and (B) by amending subparagraph (B) to read (B) by striking paragraph (1) and inserting
(E) the contractual actions that will en- as follows: the following new paragraph (1):
sure the estimated cost savings are realized. ‘‘(B) Upon the request of the Secretary of ‘‘(1) IN GENERAL.—The covered employees
(3) There is a reasonable expectation that Defense, the Secretary of Commerce shall described in this subsection are civilian em-
throughout the contemplated contract pe- provide to the Secretary of Defense an as- ployees in the Department of Defense perma-
riod the Secretary of the Navy will request sessment of the quantity of imports of any nently assigned to a combatant command es-
funding for the contract at the level required article that is the subject of an investigation tablished under section 161 of this title,
to avoid contract cancellation. conducted under this subsection and the cir- whose primary duties involve—
(4) There is a stable design for the property cumstances under which the article is im- ‘‘(A) oversight or development of oper-
to be acquired and the technical risks associ- ported.’’; ational plans, nuclear activities, or space as-
ated with such property are not excessive. (3) in paragraph (3)— sets; and
(5) The estimates of both the cost of the (A) in subparagraph (A)— ‘‘(B) a requirement to maintain a top se-
contract and the anticipated cost avoidance (i) in the first sentence, by striking ‘‘the cret security clearance.’’;
through the use of a contract authorized Secretary shall submit’’ and all that follows (4) in subsection (c), by striking ‘‘cyberse-
under subsection (a) are realistic. through ‘‘recommendations of the Sec- curity and legal professionals’’ and inserting
(6) The use of such a contract will promote retary’’ and inserting ‘‘the Secretary of De- ‘‘covered employees’’;
the national security of the United States. fense and the Secretary of Commerce shall (5) in subsection (d)(1), by striking ‘‘cyber-
(7) During the fiscal year in which such jointly submit to the President and Congress security or legal professional’’ and inserting
contract is to be awarded, sufficient funds a report on the findings of the investigation ‘‘covered employee’’;
will be available to perform the contract in and, based on such findings, the rec- (6) in subsection (e)(1), in the matter pre-
such fiscal year. ommendations of the Secretary of Com- ceding subparagraph (A), by striking ‘‘cyber-
(c) AUTHORITY FOR ADVANCE PROCURE- merce’’; and security or legal professionals’’ and inserting
MENT.—The Secretary of the Navy may enter (ii) in the second sentence— ‘‘covered employees’’;
into one or more contracts for advance pro- (I) by striking ‘‘Secretary finds’’ and in- (7) in subsection (f)—
curement associated with a vessel or vessels serting ‘‘Secretaries find’’; and (A) in paragraph (1), by striking ‘‘cyberse-
for which authorization to enter into a con- (II) by striking ‘‘Secretary shall’’ and in- curity or legal professionals’’ and inserting
tract is provided under subsection (a), and serting ‘‘Secretaries shall’’; and ‘‘covered employees’’;
for systems and subsystems associated with (B) in subparagraph (B), by striking ‘‘by (B) in paragraph (3), by striking ‘‘cyberse-
such vessels in economic order quantities the Secretary’’; and curity or legal professionals’’ and inserting
when cost savings are achievable. (4) in paragraph (4), by striking ‘‘Sec- ‘‘covered employees’’; and
(d) CONDITION FOR OUT-YEAR CONTRACT retary’’ and inserting ‘‘Secretary of De- (C) in paragraph (4)—
PAYMENTS.—A contract entered into under fense’’. (i) by striking ‘‘cybersecurity or legal pro-
subsection (a) shall provide that any obliga- (b) CONFORMING AMENDMENTS.—Section 232
fessionals’’ and inserting ‘‘covered employ-
tion of the United States to make a payment of the Trade Expansion Act of 1962 (19 U.S.C.
ees’’; and
under the contract for a fiscal year is subject 1862) is amended—
(ii) by striking ‘‘cybersecurity and legal
to the availability of appropriations for that (1) in subsection (c)(1)(A)—
professionals’’ and inserting ‘‘employees’’;
purpose for such fiscal year. (A) by striking ‘‘in which the Secretary’’
(8) in subsection (g)—
(e) DEFINITIONS.—In this section— and inserting ‘‘that’’; and
(A) in paragraph (1), by striking ‘‘cyberse-
(1) the term ‘‘covered ship’’ means a San (B) in clause (i), by striking ‘‘of the Sec-
curity or legal professional’’ and inserting
Antonio-class or America-class ship; and retary’’;
‘‘covered employee’’; and
(2) the term ‘‘milestone decision author- (2) in the first subsection (d), by striking
(B) in paragraph (2)—
ity’’ has the meaning given the term in sec- ‘‘the Secretary and the President’’ each
(i) by striking ‘‘cybersecurity or legal pro-
tion 2366a(d) of title 10, United States Code. place it appears and inserting ‘‘the Secretary
fessional’’ and inserting ‘‘covered em-
of Defense, the Secretary of Commerce, and
ployee’’; and
SA 6042. Mr. TOOMEY (for himself the President’’;
(ii) by striking ‘‘as a cybersecurity or legal
and Mr. PORTMAN) submitted an (3) by redesignating the second subsection
professional.’’ and inserting a period;
amendment intended to be proposed to (d) as subsection (e); and
(9) in subsection (i), by striking ‘‘individ-
(4) in paragraph (1) of subsection (e), as re-
amendment SA 5499 submitted by Mr. uals serving in with the Department of De-
designated by paragraph (2), by striking ‘‘the
REED (for himself and Mr. INHOFE) and fense as cybersecurity and legal profes-
Secretary’’ and inserting ‘‘the Secretary of
intended to be proposed to the bill H.R. sionals’’ and inserting ‘‘covered employees’’;
Defense’’.
7900, to authorize appropriations for (10) by striking subsections (j) and (k) and
SA 6043. Mrs. FISCHER submitted an inserting the following new subsections (j)
fiscal year 2023 for military activities
and (k):
of the Department of Defense, for mili- amendment intended to be proposed to
‘‘(j) POLICY.—The Secretary of Defense
tary construction, and for defense ac- amendment SA 5499 submitted by Mr. shall administer the pilot program under
tivities of the Department of Energy, REED (for himself and Mr. INHOFE) and policies prescribed by the Secretary for pur-
to prescribe military personnel intended to be proposed to the bill H.R. poses of the pilot program.
strengths for such fiscal year, and for 7900, to authorize appropriations for ‘‘(k) TERMINATION.—The authority of the
other purposes; which was ordered to fiscal year 2023 for military activities Secretary of Defense to appoint individuals
lie on the table; as follows: of the Department of Defense, for mili- for service with the Department of Defense
tary construction, and for defense ac- as covered employees under the pilot pro-
At the end of subtitle F of title XII, add gram shall expire on December 31, 2029.’’; and
the following: tivities of the Department of Energy,
to prescribe military personnel (11) by striking subsections (l) and (m) and
SEC. 1276. RESPONSIBILITY OF SECRETARY OF redesignating subsection (n) and subsection
DEFENSE FOR INVESTIGATIONS strengths for such fiscal year, and for (l).
UNDER SECTION 232 OF THE TRADE other purposes; which was ordered to
EXPANSION ACT OF 1962. (b) CLERICAL AMENDMENT.—The table of
lie on the table; as follows: contents in section 2(b) of such Act (Public
(a) IN GENERAL.—Section 232(b) of the
At the appropriate place in title XI, insert Law 115–91; 131 Stat. 1283) is amended by
Trade Expansion Act of 1962 (19 U.S.C.
the following: striking the item relating to section 1110 and
1862(b)) is amended—
SEC. ll. MODIFICATION OF PILOT PROGRAM ON inserting the following new item:
(1) in paragraph (1)— ENHANCED PERSONNEL MANAGE-
dlhill on DSK120RN23PROD with SENATE
(A) in subparagraph (A), by striking ‘‘the MENT SYSTEM FOR CYBERSECURIY
‘‘Sec. 1110. Pilot program on enhanced per-
Secretary of Commerce (hereafter in the sec- AND LEGAL PROFESSIONALS IN THE sonnel management system for
tion referred to as the ‘Secretary’)’’ and in- DEPARTMENT OF DEFENSE. covered employees in the De-
serting ‘‘the Secretary of Defense’’; and (a) IN GENERAL.—Section 1110 of the Na- partment of Defense.’’.
(B) in subparagraph (B)— tional Defense Authorization Act for Fiscal
(i) by striking ‘‘The Secretary’’ and insert- Year 2018 (Public Law 115–91; 131 Stat. 1631; SA 6044. Mrs. FISCHER submitted an
ing ‘‘The Secretary of Defense’’; and 10 U.S.C. 1580 note prec.) is amended— amendment intended to be proposed to
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5577
amendment SA 5499 submitted by Mr. (b) SENSE OF CONGRESS.—It is the sense of (11) On January 1st, 1891, Major General
REED (for himself and Mr. INHOFE) and Congress that women who served in the Nelson A. Miles, Commander of the Division
intended to be proposed to the bill H.R. Cadet Nurse Corps honorably stepped up for of Missouri, telegraphed Major General John
their country during its time of need in M. Schofield, Commander-in-Chief of the
7900, to authorize appropriations for Army notifying him that ‘‘[I]t is stated that
World War II, significantly contributing to
fiscal year 2023 for military activities the war effort and the safety and security of the disposition of four hundred soldiers and
of the Department of Defense, for mili- the United States. four pieces of artillery was fatally defective
tary construction, and for defense ac- (c) EXPRESSION OF GRATITUDE.—Congress and large number of soldiers were killed and
tivities of the Department of Energy, hereby expresses deep gratitude for the wounded by the fire from their own ranks
to prescribe military personnel women who answered the call to duty and and a very large number of women and chil-
strengths for such fiscal year, and for served in the Cadet Nurses Corp. dren were killed in addition to the Indian
other purposes; which was ordered to men’’.
SA 6046. Ms. WARREN submitted an (12) The United States awarded 20 Medals
lie on the table; as follows:
amendment intended to be proposed to of Honor to soldiers of the U.S. 7th Cavalry
At the end of subtitle C of title VIII, add following their participation in the Wounded
amendment SA 5499 submitted by Mr.
the following: Knee Massacre.
SEC. 848. REPORT ON INDUSTRIAL BASE CAPAC-
REED (for himself and Mr. INHOFE) and
(13) In 2001, the Cheyenne River Sioux
ITY TO SUPPORT PLANNED OVER- intended to be proposed to the bill H.R.
Tribe, a member Tribe of the Great Sioux
HEAD PERSISTENT INFRARED EN- 7900, to authorize appropriations for Nation, upon information provided by
TERPRISE ARCHITECTURE PRO- fiscal year 2023 for military activities
GRAMS. Lakota elders and by veterans, passed Tribal
(a) IN GENERAL.—Not later than 180 days of the Department of Defense, for mili- Council Resolution No. 132–01, requesting
after the date of the enactment of this Act, tary construction, and for defense ac- that the Federal Government revoke the
the Under Secretary of Defense for Acquisi- tivities of the Department of Energy, Medals of Honor from the soldiers of the
tion and Sustainment shall submit to the to prescribe military personnel United States Army, 7th Cavalry issued fol-
congressional defense committees a report strengths for such fiscal year, and for lowing the massacre of unarmed men,
assessing the industrial base capacity to sup- women, children, and elderly of the Great
other purposes; which was ordered to Sioux Nation on December 29, 1890, on Tribal
port planned overhead persistent infrared en- lie on the table; as follows:
terprise architecture programs, including— Lands near Wounded Knee Creek.
At the end of subtitle G of title V, add the (14) The National Congress of American In-
(1) Next Generation OPIR Block 0; and
following: dians requested in a 2007 Resolution that the
(2) Resilient Missile Warning Missile
SEC. 589. RESCISSION OF MEDALS OF HONOR Congress ‘‘renounce the issuance of said
Tracking.
AWARDED FOR ACTS AT WOUNDED medals, and/or to proclaim that the medals
(b) FORM.—The report required under sub- KNEE CREEK ON DECEMBER 29, 1890.
section (a) shall be submitted in unclassified are null and void, given the atrocities com-
(a) SHORT TITLE.—This section may be mitted upon unarmed men, women, children
form, but may include a classified annex.
cited as the ‘‘Remove the Stain Act’’. and elderly of the Great Sioux Nation’’.
SA 6045. Ms. WARREN (for herself, (b) FINDINGS.—Congress makes the fol- (15) General Miles contemporaneously stat-
lowing findings: ed that a ‘‘[w]holesale massacre occurred and
Mr. DAINES, Ms. COLLINS, and Mr. KING) (1) The Medal of Honor is the highest mili-
submitted an amendment intended to I have never heard of a more brutal, cold-
tary award of the United States. blooded massacre than that at Wounded
be proposed to amendment SA 5499 sub- (2) Congress found that to earn the Medal Knee’’.
mitted by Mr. REED (for himself and of Honor ‘‘the deed of the person . . . must be (16) Allowing any Medal of Honor, the
Mr. INHOFE) and intended to be pro- so outstanding that it clearly distinguishes United States highest and most prestigious
posed to the bill H.R. 7900, to authorize his gallantry beyond the call of duty from military decoration, to recognize a member
appropriations for fiscal year 2023 for lesser forms of bravery’’. of the Armed Forces for distinguished serv-
military activities of the Department (3) The actions of Medal of Honor recipi- ice for participating in the massacre of hun-
ents inspire bravery in those currently serv- dreds of unarmed Native Americans is a dis-
of Defense, for military construction,
ing in the Armed Forces and those who will service to the integrity of the United States
and for defense activities of the De- come to serve in the future. and its citizens, and impinges on the integ-
partment of Energy, to prescribe mili- (4) Those listed on the Medal of Honor Roll rity of the award and those who have earned
tary personnel strengths for such fiscal have come to exemplify the best traits of the Medal since.
year, and for other purposes; which was members of the Armed Forces, a long and (c) RESCISSION OF MEDALS OF HONOR
ordered to lie on the table; as follows: proud lineage of those who went beyond the AWARDED FOR ACTS AT WOUNDED KNEE CREEK
At the end of subtitle G of title V, add the call of service to the United States of Amer- ON DECEMBER 29, 1890.—
following: ica. (1) IN GENERAL.—Each Medal of Honor
SEC. 5lll. SENSE OF CONGRESS REGARDING (5) To date the Medal of Honor has been awarded for acts at Wounded Knee Creek,
WOMEN WHO SERVED AS CADET awarded only 3,522 times, including only 145 Lakota Pine Ridge Indian Reservation,
NURSES DURING WORLD WAR II. times for the Korean War, 126 times in World South Dakota, on December 29, 1890, is re-
(a) FINDINGS.—Congress makes the fol- War I, 23 times during the Global War on scinded.
lowing findings: Terror, and 20 times for the massacre at (2) MEDAL OF HONOR ROLL.—The Secretary
(1) In June of 1943, Congress enacted the Wounded Knee. concerned shall remove the name of each in-
Bolton Act, establishing the United States (6) The Medal of Honor is awarded in the dividual awarded a Medal of Honor for acts
Cadet Nurse Corps as a uniformed service of name of Congress. described in paragraph (1) from the Army,
the Public Health Administration. Through (7) As found in Senate Concurring Resolu- Navy, Air Force, and Coast Guard Medal of
the Corps, women received free, expedited tion 153 of the 101st Congress, on December Honor Roll maintained under section 1134a of
nursing education in exchange for ‘‘service 29, 1890 the 7th Cavalry of the United States title 10, United States Code.
in essential nursing for the duration of the engaged a tribal community ‘‘resulting in (3) RETURN OF MEDAL NOT REQUIRED.—No
war’’. the tragic death and injury of approximately person may be required to return to the Fed-
(2) During World War II, the United States 350–375 Indian men, women, and children’’ led eral Government a Medal of Honor rescinded
faced a severe shortage of qualified nurses, by Lakota Chief Spotted Elk of the under paragraph (1).
threatening the ability of the United States Miniconjou band at ‘‘Cankpe’ Opi Wakpa’’ or (4) NO DENIAL OF BENEFITS.—This section
to meet domestic and military medical ‘‘Wounded Knee Creek’’. shall not be construed to deny any individual
needs. (8) This engagement became known as the any benefit from the Federal Government.
(3) In total, 124,065 women graduated from ‘‘Wounded Knee Massacre’’, and took place
training under the Cadet Nurse program, between unarmed Native Americans and sol- SA 6047. Ms. WARREN submitted an
going on to serve in military hospitals, Vet- diers, heavily armed with standard issue amendment intended to be proposed to
erans Administration hospitals, Marine hos- army rifles as well as four ‘‘Hotchkiss guns’’ amendment SA 5499 submitted by Mr.
pitals, private hospitals, public health agen- with five 37 mm barrels capable of firing 43 REED (for himself and Mr. INHOFE) and
cies, and public hospitals until the program rounds per minute. intended to be proposed to the bill H.R.
ended in 1948. (9) Nearly two-thirds of the Native Ameri- 7900, to authorize appropriations for
(4) In 1944, the Federal Security Agency cans killed during the Massacre were un- fiscal year 2023 for military activities
identified ‘‘national recognition for ren- armed women and children who were partici- of the Department of Defense, for mili-
dlhill on DSK120RN23PROD with SENATE
dering a vital war service’’ as a privilege of pating in a ceremony to restore their tradi-
tary construction, and for defense ac-
service in the Corps. tional homelands prior to the arrival of Eu-
(5) By 1945, Cadet Nurses accounted for 80 ropean settlers. tivities of the Department of Energy,
percent of the domestic nursing workforce. (10) Poor tactical emplacement of the sol- to prescribe military personnel
(6) The Cadet Nurse Corps has been cred- diers meant that most of the casualties suf- strengths for such fiscal year, and for
ited with preventing the collapse of the do- fered by the United States troops were in- other purposes; which was ordered to
mestic nursing workforce. flicted by friendly fire. lie on the table; as follows:
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S5578 CONGRESSIONAL RECORD — SENATE September 29, 2022
At the appropriate place in title V, insert (2) CRITICAL TRADING PARTNER.—The term lished under subsection (a) at not less than
the following: ‘‘critical trading partner’’ means a person 90 percent of the staffing level needed to
SEC. lllll. DEPARTMENT OF DEFENSE RE- that has the ability to restrict, impede, or maintain operating bed capacities to support
VIEW OF PROSPECTIVE COVERED foreclose access to its inputs, customers, operation planning requirements.
TRANSACTIONS. partners, goods, services, technology, plat- (2) USE OF CIVILIAN PERSONNEL.—The Sec-
(a) IN GENERAL.— form, facilities, or tools in a way that harms retary of Defense may augment the staffing
(1) DEPARTMENT NOTIFICATION.—The parties the competitive process or limits the ability of military personnel at Core Casualty Re-
to a covered transaction shall simulta- of the customers or suppliers of the person to ceiving Facilities established under sub-
neously file the notification under section 7A carry out business effectively. section (a) with civilian personnel to achieve
of the Clayton Act (15 U.S.C. 18a) with the (3) DEPARTMENT.—The term ‘‘Department’’ the staffing requirement under paragraph (1).
Department. means the Department of Defense. (3) EXECUTIVE STAFFING.—The Secretary
(2) DEPARTMENT ASSESSMENT.—For each (4) MAJOR DEFENSE SUPPLIER.—The term shall staff each Core Casualty Receiving Fa-
covered transaction, the Department shall— ‘‘major defense supplier’’ means— cility established under subsection (a) with a
(A) assess whether the transaction is likely (A) any current prime contractor of a civilian Chief Financial Officer and a civil-
to harm the public interest; and major system as defined in section 2302(5), of ian Chief Operations Officer with experience
(B) assess whether any divestiture or other title 10, United States Code; in the management of civilian hospital sys-
structural remedy would likely benefit the (B) any current prime contractor, under a tems to ensure continuity in management of
public interest, and if so, describe the rec- contract awarded pursuant to section the facility.
ommended structural remedy. 2304(c)(3), title 10, United States Code, for (e) FUNDING.—The Secretary shall include
(3) DEADLINE.—The Department shall de- reasons described in subparagraph (A) of that with the submission to Congress by the
termine whether a covered transaction is section; or President of the annual budget of the De-
likely to harm the public interest not later partment of Defense for a fiscal year under
(C) any prime contractor or subcontractor
than the end of the waiting period under sec-
that the Secretary of Defense, the Deputy section 1105(a) of title 31, United States
tion 7A of the Clayton Act (15 U.S.C. 18a).
Secretary of Defense, the Undersecretary of Code, a line item budget request for each
(4) ADDITIONAL DOCUMENTATION.—The par-
Defense for Acquisition and Sustainment, or Core Casualty Receiving Facility established
ties to a covered transaction shall simulta-
the Deputy Assistant Secretary of Defense under subsection (a) that includes the fund-
neously provide to the Department any addi-
for Manufacturing and Industrial Base Pol- ing requirements for the operation and main-
tional documentation or information sub-
icy designates as a main source of supply, in- tenance of each such facility.
mitted to the Department of Justice or the
cluding any firm that supplies or could sup- (f) DEFINITIONS.—In this section:
Federal Trade Commission during the wait-
ply goods or services directly or indirectly to (1) CORE CASUALTY RECEIVING FACILITIES.—
ing period under section 7A of the Clayton
the Department or any company with tech- The term ‘‘Core Casualty Receiving Facili-
Act (15 U.S.C. 18a).
nology potentially significant to defense ca- ties’’ means Role 4 medical treatment facili-
(5) COMPULSORY PROCESS.—The Department
pabilities. ties that serve as the medical hubs for re-
may use compulsory process, including
ceipt of casualties that may result from
issuing subpoenas or civil investigative de- SA 6048. Mr. REED (for himself and combat, natural disasters, mass casualty
mands, in order to assess the potential im-
pacts of a covered transaction.
Mr. INHOFE) submitted an amendment events, or other national emergencies.
intended to be proposed to amendment (2) ROLE 4 MEDICAL TREATMENT FACILI-
(6) REPORTING.—All findings, assessments,
SA 5499 submitted by Mr. REED (for TIES.—The term ‘‘Role 4 medical treatment
and recommendations of the Department de-
himself and Mr. INHOFE) and intended facilities’’ means facilities that provide the
scribed in this subsection shall be reported
full range of preventative, curative, acute,
to the Department of Justice or the Federal to be proposed to the bill H.R. 7900, to convalescent, restorative, and rehabilitative
Trade Commission, as applicable, and may authorize appropriations for fiscal year care.
be reported in the Hart-Scott-Rodino annual 2023 for military activities of the De-
reports. partment of Defense, for military con-
(b) STANDARDS REGARDING HARM TO THE SA 6049. Mr. REED (for himself and
PUBLIC INTEREST.— struction, and for defense activities of Mr. YOUNG) submitted an amendment
(1) IN GENERAL.—Harms to the public inter- the Department of Energy, to prescribe intended to be proposed to amendment
est described in this section include harms to military personnel strengths for such SA 5499 submitted by Mr. REED (for
competition, national security, sustainment fiscal year, and for other purposes; himself and Mr. INHOFE) and intended
of the industrial and technological base, in- which was ordered to lie on the table; to be proposed to the bill H.R. 7900, to
novation, access to critical technologies, the as follows: authorize appropriations for fiscal year
workforce, or talent management in the in- At the end of subtitle B of title VII, insert 2023 for military activities of the De-
dustrial base. the following:
(2) DETERMINATION.—Notwithstanding any partment of Defense, for military con-
SEC. 730. ESTABLISHMENT OF CORE CASUALTY struction, and for defense activities of
other harms to the public interest that may RECEIVING FACILITIES TO IMPROVE
be determined when evaluating a covered MEDICAL FORCE GENERATION AND
the Department of Energy, to prescribe
transaction, the Department may determine READINESS. military personnel strengths for such
that the transaction is likely to harm the (a) IN GENERAL.—Pursuant to the require- fiscal year, and for other purposes;
public interest if— ments of this section, the Secretary of De- which was ordered to lie on the table;
(A) any party is a critical trading partner fense shall establish certain military med- as follows:
in the supply chains or business ecosystems ical treatment facilities as Core Casualty
of the parties; In title X, add at the end the following:
Receiving Facilities to maintain the medical
(B) any party offers overlapping, com- capability and capacity required to diagnose, Subtitle H—Council on Military, National,
peting, or functionally equivalent services or treat, and rehabilitate large volume combat and Public Service
products to those of the major defense sup- casualties and to provide a medical response SEC. 1081. ESTABLISHMENT OF COUNCIL ON
plier; to natural disasters, mass casualty events, MILITARY, NATIONAL, AND PUBLIC
(C) the acquiring person would have a mar- or other national emergencies as may be di- SERVICE.
ket share of greater than 33 percent of any rected by the President or the Secretary. (a) ESTABLISHMENT.—
relevant market; or (b) LOCATION OF FACILITIES.—The Secretary (1) IN GENERAL.—There is established in the
(D) the transaction would result in a shall ensure that facilities established under Executive Office of the President a Council
Herfindahl-Hirschman Index greater than subsection (a) are geographically located to on Military, National, and Public Service (in
1,800 in any relevant market and increase the facilitate aeromedical evacuation of casual- this section referred to as the ‘‘Council’’).
Herfindahl-Hirschman Index by more than ties from military operational theaters. (2) FUNCTIONS.—The Council shall—
100 in such relevant market. (c) TIMELINE FOR ESTABLISHMENT.— (A) advise the President with respect to
(3) ADDITIONAL CONSIDERATIONS.—The De- (1) DESIGNATION.—Not later than October 1, promoting and expanding opportunities for
partment may use additional considerations 2024, the Secretary shall designate four mili- military service, national service, and public
when determining whether a covered trans- tary medical treatment facilities as Core service for all people of the United States;
action is likely to harm the public interest. Casualty Receiving Facilities to be estab- (B) coordinate policies and initiatives of
(c) DEFINITIONS.—In this section: lished under subsection (a). the executive branch to promote and expand
(1) COVERED TRANSACTION.—The term ‘‘cov- (2) OPERATIONAL.—Not later than October opportunities for military service, national
ered transaction’’ means an actual or pro- 1, 2025, the Secretary shall ensure that the service, and public service; and
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posed merger, acquisition, joint venture, facilities designated under paragraph (1) are (C) coordinate policies and initiatives of
strategic alliance, or investment— fully staffed and operational. the executive branch to foster an increased
(A) for which the parties are required to (d) PERSONNEL ASSIGNMENT.— sense of service and civic responsibility
file a notification under section 7A of the (1) IN GENERAL.—The Secretary of Defense among all people of the United States.
Clayton Act (15 U.S.C. 18a); and shall ensure that the Secretaries of the mili- (b) COMPOSITION.—
(B) any party to the transaction is, owns, tary departments assign military personnel (1) DIRECTOR.—The President shall appoint
or controls a major defense supplier. to Core Casualty Receiving Facilities estab- an individual to serve as the Assistant to the
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5579
President for Military, National, and Public National, and Public Service Strategy, which that do not exceed the daily equivalent of
Service and the Director of the Council, who shall set forth— the annual rate of basic pay prescribed for
shall serve at the pleasure of the President. (A) a review of programs and initiatives of level V of the Executive Schedule under sec-
The Assistant to the President for Military, the Federal Government relating to the tion 5316 of that title.
National, and Public Service shall serve as mandate of the Council; (4) ADVISORY COMMITTEES.—The Council
the head of the Council. (B) notable initiatives by State, local, and may, in carrying out the functions of the
(2) MEMBERSHIP.—In addition to the Direc- Tribal governments and by nongovernmental Council, direct a member of the Council to
tor, the Council shall be composed of such of- entities to increase awareness of and partici- establish advisory committees composed of
ficers as the President may designate. pation in service programs; representatives from outside the Federal
(3) MEETINGS.—The Council shall meet on a (C) current and foreseeable trends for serv- Government.
quarterly basis, or more frequently as the ice to address the needs of the United States; (5) AUTHORITY TO ACCEPT GIFTS.—The Coun-
Director of the Council may direct. and cil may accept, use, and dispose of gifts or
(c) RESPONSIBILITIES OF THE COUNCIL.—The (D) a program for addressing any defi- donations of services, goods, and property,
Council shall— ciencies identified by the Council, together except for cash, from non-Federal entities
(1) assist and advise the President and the with recommendations for legislation; for the purposes of aiding and facilitating
heads of Executive agencies in the establish- (10) not later than 4 years after the date of the work of the Council.
enactment of this Act, and quadrennially (6) AUTHORITY TO ACCEPT VOLUNTARY SERV-
ment of policies, goals, objectives, and prior-
thereafter, prepare and submit to the Presi- ICES.—Notwithstanding section 1342 of title
ities to promote service and civic responsi-
dent and Congress a Quadrennial Report on 31, United States Code, the Council may ac-
bility among all people of the United States;
Cross-Service Participation on the basis of cept and employ voluntary and uncompen-
(2) develop and recommend to the Presi-
the activities carried out under the strategy sated services in furtherance of the purposes
dent and the heads of Executive agencies
submitted under paragraph (9); of the Council.
policies of common interest to Executive
(11) prepare, for inclusion in the annual (f) AUTHORIZATION OF APPROPRIATIONS.—
agencies for increasing the participation,
budget submission by the President to Con- There are authorized to be appropriated such
and propensity of people of the United States
gress under section 1105 of title 31, United sums as may be necessary to carry out this
to participate, in military service, national
States Code, a detailed, separate analysis by section.
service, and public service in order to ad- budget function, by agency, and by initiative (g) CONFORMING AMENDMENT.—Section
dress national security and other current area for the preceding fiscal year, the cur- 1105(a) of title 31, United States Code, is
and future needs of the United States includ- rent fiscal year, and the fiscal years for amended by adding at the end the following:
ing policies for— which the budget is submitted, identifying ‘‘(40) a separate statement of the amount
(A) reevaluating benefits for the Federal the amounts of gross and net appropriations of appropriations requested for the Council
public service and national service programs or obligational authority and outlays for ini- on Military, National, and Public Service in
in order to increase awareness of and remove tiatives, consistent with the priorities of the the Executive Office of the President.
barriers to entry into such programs; President, under the Quadrennial Military, ‘‘(41) a detailed, separate analysis by budg-
(B) ensuring that the participation in and National, and Public Service Strategy, with et function, by agency, and by initiative area
leadership of the military, the Federal public separate displays for mandatory and discre- for the preceding fiscal year, the current fis-
service, and national service programs re- tionary amounts; cal year, and the fiscal years for which the
flects the diversity of the United States in- (12) develop a joint national service mes- budget is submitted, identifying the amounts
cluding by race, gender, ethnicity, and dis- saging strategy that incorporates domestic of gross and net appropriations or
ability status; and and international service that both the Cor- obligational authority and outlays for initia-
(C) developing pathways to service for high poration for National and Community Serv- tives, consistent with the priorities of the
school graduates, college students, and re- ice and the Peace Corps would promote; and President, under the Quadrennial Military,
cent college graduates; (13) perform such other functions as the National, and Public Service Strategy re-
(3) serve as the interagency lead for identi- President may direct. quired by section 1081(c)(9) of the National
fying critical skills to address national secu- (d) RESPONSIBILITIES OF THE DIRECTOR OF Defense Authorization Act for Fiscal Year
rity and other needs of the United States, THE COUNCIL.—In addition to duties relating 2023, with separate displays for mandatory
with responsibility for coordinating govern- to the responsibilities of the Council de- and discretionary amounts.’’.
mentwide efforts to address gaps in critical scribed in subsection (c), the Director of the SEC. 1082. INTERNET-BASED SERVICE PLATFORM.
skills and identifying methods to recruit and Council shall— (a) DECLARATION OF POLICY.—It is the pol-
retain individuals possessing such critical (1) coordinate with the Assistant to the icy of the United States, in promoting a cul-
skills; President for National Security Affairs for ture of service in the United States and
(4) serve as a forum for Federal officials re- any matter that may affect national secu- meeting the recruiting needs for military
sponsible for military service, national serv- rity; service, national service, and public service
ice, and public service programs to coordi- (2) at the discretion of the President, serve programs, to provide a comprehensive, inter-
nate and develop interagency, cross-service as spokesperson of the executive branch on active, and integrated internet-based plat-
initiatives; issues related to military service, national form to enable the people of the United
(5) lead the effort of the Federal Govern- service, and public service; States to learn about and connect with serv-
ment to develop joint awareness and recruit- (3) upon request by a committee or sub- ice organizations and opportunities and as-
ment, retention, and marketing initiatives committee of the Senate or of the House of sist in the recruiting needs of service organi-
involving military service, national service, Representatives, appear before any such zations.
and public service, including the sharing of committee or subcommittee to represent the (b) DEFINITIONS.—In this section:
marketing and recruiting research between position of the executive branch on matters (1) DIRECTOR.—The term ‘‘Director’’ means
and among service agencies; within the scope of the responsibilities of the the Director of the Council on Military, Na-
(6) consider approaches for assessing im- Council; and tional, and Public Service.
pacts of service on the needs of the United (4) perform such other functions as the (2) MEMBER.—The term ‘‘member’’ means
States and individuals participating in and President may direct. an individual who is a member of the Service
benefitting from such service; (e) ORGANIZATIONAL MATTERS.— Platform under this section.
(7) consult, as the Council considers advis- (1) ASSISTANT TO THE PRESIDENT FOR MILI- (3) SERVICE MISSION.—The term ‘‘service
able, with representatives of non-Federal en- TARY, NATIONAL, AND PUBLIC SERVICE.—The mission’’ means the objectives of a service
tities, including State, local, and Tribal gov- Assistant to the President for Military, Na- organization or a service opportunity.
ernments, State and local educational agen- tional, and Public Service shall be com- (4) SERVICE OPPORTUNITY.—The term ‘‘serv-
cies, State Commissions, institutions of pensated at the rate of basic pay prescribed ice opportunity’’ means any paid, volunteer,
higher education, nonprofit organizations, for level II of the Executive Schedule under or other position with a service organization.
philanthropic organizations, and the private section 5313 of title 5, United States Code. (5) SERVICE ORGANIZATION.—The term
sector, in order to promote and develop ini- (2) STAFF.—The Council may employ offi- ‘‘service organization’’ means any military
tiatives to foster and reward military serv- cers and employees as necessary to carry out service, national service, or public service
ice, national service, and public service; of the functions of the Council. Such officers organization that participates in the Service
(8) oversee the response to and implemen- and employees of the Council shall be com- Platform.
tation of, as appropriate, the recommenda- pensated at a rate not more than the rate of (6) SERVICE PLATFORM.—The term ‘‘Service
tions of the National Commission on Mili- basic pay prescribed for level IV of the Exec- Platform’’ means the comprehensive, inter-
tary, National, and Public Service estab- utive Schedule under section 5315 of title 5, active, and integrated internet-based plat-
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lished under section 553 of the National De- United States Code. form established under this section.
fense Authorization Act for Fiscal Year 2017 (3) EXPERTS AND CONSULTANTS.—The Coun- (7) SERVICE TYPE.—The term ‘‘service
(Public Law 114–328; 130 Stat. 2132); cil may, as necessary to carry out of the type’’ means the period and form of service
(9) not later than 2 years after the date of functions of the Council, procure temporary with a service organization, including part-
enactment of this Act, and quadrennially and intermittent services of experts and con- time, full-time, term limited, sabbatical,
thereafter, prepare and submit to the Presi- sultants under section 3109(b) of title 5, temporary, episodic, or emergency options
dent and Congress a Quadrennial Military, United States Code, at rates for individuals for paid, volunteer, or stipend-based service.
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S5580 CONGRESSIONAL RECORD — SENATE September 29, 2022
(8) STATE.—The term ‘‘State’’ means the (iii) professional skills, training, licenses, have consented to be contacted and meet the
several States, the District of Columbia, the and certifications; needs of such service organization;
Commonwealth of Puerto Rico, and any (iv) service organization preferences; (4) incorporate, to the extent permitted by
other territory or possession of the United (v) service type preferences; law and regulation, the ability of a member
States. (vi) service mission preferences; and to securely upload information on education,
(9) UNIFORMED SERVICES.—The term ‘‘uni- (vii) geographic preferences. employment, and skills related to the serv-
formed services’’ has the meaning given such (B) UPDATES.—A member may, at any ice organizations and service opportunities
term in subsection (a)(5) of section 101 of time, update the personal and other informa- from internet-based professional, recruiting,
title 10, United States Code. tion of the member available on the Service and social media systems, consistent with
(c) ESTABLISHMENT OF THE SERVICE PLAT- Platform. security requirements;
FORM.—The Director, in coordination with (C) RENEWAL OF CONSENT REGARDING MILI- (5) ensure compatibility with relevant in-
the Director of the Office of Management TARY SERVICE.—The Director shall send to a formation systems of Executive agencies and
and Budget, shall establish, maintain, and member who consents to serve under para- military departments;
promote the Service Platform to serve as a graph (2)(B)(ii)(V) an annual request to con- (6) use state-of-the-art technology and ana-
centralized resource and database for the firm the continued consent to serve by the lytical tools to facilitate the efficacy of the
people of the United States to learn about member. Service Platform in connecting members
and connect with organizations and opportu- (4) WITHDRAWAL OF MEMBERS.—A member with service opportunities and service orga-
nities related to military service, national may withdraw as a member by submitting to nizations; and
service, or public service and for such organi- the Director a request to withdraw. Not later (7) retain all personal information in a
zations to identify people of the United
than 30 days after the date of such request to manner that protects the privacy of mem-
States with the skills necessary to address
withdraw, all records regarding such member bers in accordance with section 552a of title
the needs of such organizations.
(d) OPERATION OF SERVICE PLATFORM.— shall be removed from the Service Platform 5, United States Code, and other applicable
(1) PUBLIC ACCESSIBILITY.—The Director, in and any other data storage locations the Di- law, provide access to information relating
coordination with the Director of the Office rector may use relating to the Service Plat- to a member only in accordance with the
of Management and Budget, shall determine, form, notwithstanding any obligations under consent of the member or as required by ap-
and make accessible to the public, informa- chapter 31 of title 44, United States Code plicable law, and incorporate data security
tion about service organizations and service (commonly known as the ‘‘Federal Records and control policies that are adequate to en-
opportunities, without any requirement that Act of 1950’’). sure the confidentiality and security of in-
an individual seeking such access become a (e) SERVICE ORGANIZATIONS.— formation provided and maintained on the
member. (1) EXECUTIVE AGENCIES AND MILITARY DE- Service Platform.
(2) MEMBERS.— PARTMENTS.—All Executive agencies and (g) DEVELOPMENT OF SERVICE PLATFORM
(A) IN GENERAL.—Any individual meeting military departments shall participate in PLAN.—
criteria established by the Director by regu- the Service Platform as service organiza- (1) IMPLEMENTATION PLAN.—Not later than
lation may register as a member under sub- tions. 180 days after the date of enactment of this
paragraph (B). (2) NON-FEDERAL SERVICE ORGANIZATIONS.— Act, the Director, in coordination with the
(B) REGISTRATION.— State, local, and Tribal government agen- Director of the Office of Management and
(i) IN GENERAL.—An individual that reg- cies, and nongovernmental organizations Budget, shall develop a detailed plan to im-
isters under this subparagraph as a member that undertake national service programs, plement the Service Platform that complies
shall be entitled to access information about may participate in the Service Platform, with all the requirements of this section.
service organizations and service opportuni- subject to subsection (h). (2) CONSULTATION REQUIRED.—In developing
ties available through the Service Platform. (3) INFORMATION ON SERVICE ORGANIZA- the plan under this subsection, the Director
(ii) INFORMATION AND CONSENT FROM INDI- TIONS.—Each service organization partici- shall consult with the Secretary of Defense,
VIDUAL.—An individual meeting the criteria pating in the Service Platform shall make the Chief Executive Officer of the Corpora-
established under subparagraph (A) and seek- available on the Service Platform— tion for National and Community Service,
ing to become a member— (A) information sufficient for a member to the Director of the Office of Personnel Man-
(I) shall provide to the Director such infor- identify and understand the service opportu- agement, the head of the United States Dig-
mation as the Director may determine nec- nities and service mission of such service or- ital Service and, as needed, the heads of
essary to facilitate the functionality of the ganization; other Executive agencies. Such consultation
Service Platform; (B) information on the availability of serv- may include seeking assistance in the de-
(II) shall, unless specifically electing not ice opportunities by service type; sign, development, and creation of the Serv-
to, consent to share any information entered (C) internet links to the hiring and recruit- ice Platform.
into the Service Platform with, and to be ing websites of such service organization; (3) TECHNICAL ADVICE PERMITTED.—
contacted by, any public service or national and (A) IN GENERAL.—In developing the plan
service organization that participates in the (D) such additional information as the Di- under this subsection, the Director may—
Service Platform; rector may require. (i) seek and receive technical advice from
(III) may consent to share any information (4) ADDITIONAL PLATFORMS NOT PRE- experts outside of the Federal Government;
entered into the Service Platform with, and CLUDED.—Nothing in this subsection shall and
to be contacted by, any uniformed service prevent any service organization from estab- (ii) form a committee of such experts to as-
that participates in the Service Platform; lishing or maintaining a separate internet- sist in the design and development of the
(IV) may consent to be contacted for po- based system or platform to recruit individ- Service Platform.
tential service with any national service or uals for employment or for volunteer or (B) VOLUNTEER SERVICE.—Notwithstanding
public service organization in the event of a other service opportunities. section 1342 of title 31, United States Code,
national emergency; and (f) MINIMUM DESIGN REQUIREMENTS.—The the Director may accept the voluntary serv-
(V) may consent to be contacted to join Service Platform shall— ices of such experts under this paragraph.
the uniformed services on a voluntary basis (1) provide the public with access to infor- (C) FEDERAL ADVISORY COMMITTEE ACT.—A
during an emergency requiring national mo- mation on service organizations and service committee of the experts formed under this
bilization. opportunities through an internet-based sys- paragraph shall not be subject to the Federal
(iii) VERIFICATION.—Upon receipt of the in- tem that is user-friendly, interactive, acces- Advisory Committee Act (5 U.S.C. App.).
formation and, as relevant, consent from an sible, and fully functional through mobile (4) INFORMATION COLLECTION AUTHORIZED.—
individual under clause (ii), the Director applications and other widely used commu- (A) IN GENERAL.—In developing the plan
shall— nications media, without a requirement that under this subsection, the Director may col-
(I) verify that the individual has not pre- any person seeking such access register as a lect information from the public through
viously registered as a member; and member; focus groups, surveys, and other mecha-
(II) if such individual has not previously (2) provide an individual with the ability to nisms.
registered as a member, register such indi- register as a member in order to customize (B) PAPERWORK REDUCTION ACT.—The re-
vidual as a member and by written notice their experience in accordance with sub- quirements under subchapter I of chapter 35
(including by electronic communication), no- section (d)(3)(A), including providing mecha- of title 44, United States Code (commonly
tify such member of such registration. nisms to— known as the ‘‘Paperwork Reduction Act’’)
(3) USE OF SERVICE PLATFORM.— (A) connect such member with service or- shall not apply to activities authorized
(A) ADDITIONAL INFORMATION.—The Service ganizations and service opportunities that under this paragraph.
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Platform shall enable a member to provide match the interests of the member; and (h) REGULATIONS.—Not later than 12
additional information to improve the (B) ensure robust search capabilities to fa- months after the date of enactment of this
functionality of the Service Platform, as de- cilitate the ability of the member to explore Act, the Director of the Office of Manage-
termined relevant by the Director, including service organizations and service opportuni- ment and Budget shall issue regulations to
information regarding the member’s— ties; carry out this section including—
(i) educational background; (3) include mechanisms to enable a service (1) procedures that enable State, local, and
(ii) employment background; organization to connect with members who Tribal government agencies to participate in
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5581
the Service Platform as service organiza- munity Service, the Director of the Peace Chief Executive Officer of the Corporation
tions; Corps, and the Director of the Office of Per- for National and Community Service’’; and
(2) procedures that enable nongovern- sonnel Management. (iii) in paragraph (3), by inserting ‘‘and the
mental organizations that undertake na- (c) DURATION.—The pilot program under Chief Executive Officer’’ after ‘‘The Secre-
tional service programs to participate in the this section shall terminate not earlier than taries’’;
Service Platform as service organizations; 2 years after the date of commencement of (B) in subsection (b), by adding at the end
and such pilot program. the following:
(3) a timeline to implement the procedures (d) STATUS REPORTS.—Not later than 12 ‘‘(11) Provide information on public service
described in subparagraphs (A) and (B). months after the date of commencement of opportunities, training on public service job
(i) REPORTS TO CONGRESS.—Not later than the pilot program authorized under this sec- recruiting, and the advantages of careers
12 months after the date of enactment of this tion, and not later than 12 months there- with the Federal Government.’’;
Act and annually thereafter, the Director, in after, the Director of the Council on Mili- (C) in subsection (c)(2)(A), by striking ‘‘and
coordination with the Director of the Office tary, National, and Public Service shall sub- the Secretary of Veterans Affairs,’’ and in-
of Management and Budget, shall provide a mit to Congress reports evaluating the pilot serting ‘‘, the Secretary of Veterans Affairs,
report to Congress on the Service Platform. program carried out under this section. and the Chief Executive Officer of the Cor-
Such report shall include the following: (e) AUTHORIZATION OF APPROPRIATIONS.— poration for National and Community Serv-
(1) Details on the status of implementation There are authorized to be appropriated such ice,’’;
of the Service Platform and plans for further sums as may be necessary to carry out this (D) in subsection (d), in the matter pre-
development of the Service Platform. section. ceding paragraph (1), by inserting ‘‘and the
(2) Participation rates of service organiza- SEC. 1084. JOINT MARKET RESEARCH AND RE- Chief Executive Officer of the Corporation
tions and members. CRUITING PROGRAM TO ADVANCE for National and Community Service’’ after
(3) The number of individuals visiting the MILITARY AND NATIONAL SERVICE.
‘‘the Secretaries’’; and
Service Platform, the number of service or- (a) PROGRAM AUTHORIZED.—The Secretary (E) by adding at the end the following new
ganizations participating in the platform, of Defense, the Chief Executive Officer of the subsection:
and the number of service opportunities Corporation for National and Community
‘‘(g) CORPORATION FOR NATIONAL AND COM-
available in the preceding 12-month period. Service, and the Director of the Peace Corps
MUNITY SERVICE PROGRAMS.—In establishing
(4) Information on any cybersecurity or may carry out a joint market research, mar-
and carrying out a program under this sec-
privacy concerns. ket studies, recruiting, and advertising pro-
tion, the Chief Executive Officer of the Cor-
(5) The results of any surveys or studies gram to complement the existing programs
poration for National and Community Serv-
undertaken to increase the use and efficacy of the military departments, the national
ice shall do the following:
of the Service Platform. service programs administered by the Cor-
‘‘(1) Provide information concerning na-
(6) Any additional information the Direc- poration, and the Peace Corps.
(b) INFORMATION SHARING PERMITTED.—Sec- tional service opportunities, including—
tor or the President considers appropriate. ‘‘(A) opportunities to acquire and enhance
(j) AUTHORIZATION OF APPROPRIATIONS.— tion 503 of title 10, United States Code, shall
not be construed to prohibit sharing of infor- technical skills available through national
There are authorized to be appropriated to service;
the Director for each fiscal year such funds mation among, or joint marketing efforts of,
the Department of Defense, the Corporation ‘‘(B) certifications and verifications of job
as may be necessary to carry out this sec- skills and experience available through na-
tion. for National and Community Service, and
the Peace Corps to carry out this section. tional service;
(k) SELECTIVE SERVICE SYSTEM.—Section 10
(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) support services and benefits available
of the Military Selective Service Act (50
There are authorized to be appropriated such during terms of national service; and
U.S.C. 3809) is amended by adding at the end
sums as may be necessary for carrying out ‘‘(D) job analysis techniques, job search
the following:
‘‘(i) SERVICE PLATFORM.—The Director of this section. techniques, and job interview techniques spe-
Selective Service shall provide to all reg- SEC. 1085. INFORMATION SHARING TO ADVANCE
cific to approved national service positions
istrants, on the website of the Selective MILITARY AND NATIONAL SERVICE. (as defined in section 101 of the National and
Service System and in communications with (a) ESTABLISHMENT OF PLAN.—The Sec- Community Service Act of 1990 (42 U.S.C.
registrants relating to registration, informa- retary of Defense, the Chief Executive Offi- 12511)).
tion about the Service Platform established cer of the Corporation for National and Com- ‘‘(2) Inform members of the armed forces
under section 1082 of the National Defense munity Service, and the Director of the that the Department of Defense and the De-
Authorization Act for Fiscal Year 2023. The Peace Corps shall establish a joint plan to partment of Homeland Security are required,
Director of Selective Service shall provide to provide an applicant who is ineligible, or under section 1143(a) of this title, to provide
each registrant, at the time of registration, otherwise not selected, for service in the proper certification or verification of job
an option to transfer to the Service Platform Armed Forces, in a national service program skills and experience acquired while on ac-
the information the registrant has provided administered by the Corporation for Na- tive duty that may have application to serv-
to the Selective Service System. The Direc- tional and Community Service, or in the ice in programs of the Corporation for Na-
tor of Selective Service shall consult with Peace Corps, with information about the tional and Community Service.
the Director of the Council on Military, Na- forms of service for which such applicant has ‘‘(3) Work with military and veterans’ serv-
tional, and Public Service to ensure that in- not applied. ice organizations and other appropriate orga-
formation provided by the Selective Service (b) REPORT TO CONGRESS.—Not later than nizations in promoting and publicizing job
System is compatible with the information 12 months after the date of enactment of this fairs for such members.
requirements of the Service Platform.’’. Act, the Secretary of Defense, the Chief Ex- ‘‘(4) Provide information about disability-
ecutive Officer of the Corporation for Na- related employment and education protec-
SEC. 1083. PILOT PROGRAM TO COORDINATE
MILITARY, NATIONAL, AND PUBLIC tional and Community Service, and the Di- tions.’’.
SERVICE RECRUITMENT. rector of the Peace Corps shall submit to (2) CONFORMING AND CLERICAL AMEND-
(a) PILOT PROGRAM AUTHORIZED.—The Di- Congress a report on the plan established MENTS.—
rector of the Council on Military, National, under subsection (a). (A) HEADING AMENDMENT.—The heading of
and Public Service may carry out a pilot SEC. 1086.TRANSITION OPPORTUNITIES FOR section 1144 of such title is amended to read
program in coordination with departments MILITARY SERVICEMEMBERS AND as follows:
and agencies responsible for recruiting indi- NATIONAL SERVICE PARTICIPANTS. ‘‘§ 1144. Employment assistance, job training
viduals for military service, national service, (a) EMPLOYMENT ASSISTANCE.—Section assistance, and other transitional services:
and public service, to focus on recruiting in- 1143(c)(1) of title 10, United States Code, is Department of Labor and the Corporation
dividuals from underserved markets and de- amended by inserting ‘‘the Corporation for for National and Community Service’’.
mographic populations, such as those defined National and Community Service,’’ after
(B) TABLE OF SECTIONS.—The table of sec-
by gender, geography, socioeconomic status, ‘‘State employment agencies,’’. tions at the beginning of chapter 58 of such
and critical skills, as determined by each (b) EMPLOYMENT ASSISTANCE, JOB TRAINING
title is amended by striking the item relat-
participating department or agency, to bet- ASSISTANCE, AND OTHER TRANSITIONAL SERV-
ing to section 1144 and inserting the fol-
ter reflect the demographics of the United ICES: DEPARTMENT OF LABOR.—
lowing new item:
States while ensuring that recruiting needs (1) IN GENERAL.—Section 1144 of title 10,
are met. United States Code, is amended— ‘‘1144. Employment assistance, job training
(b) CONSULTATION.—In developing a pilot (A) in subsection (a)— assistance, and other transi-
program under this section, the Director of (i) in paragraph (1), by striking ‘‘and the tional services: Department of
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the Council on Military, National, and Pub- Secretary of Veterans Affairs,’’ and inserting Labor and the Corporation for
lic Service shall consult with the Secretary ‘‘the Secretary of Veterans Affairs, and the National and Community Serv-
of Defense, the Secretary of Homeland Secu- Chief Executive Officer of the Corporation ice.’’.
rity, the secretaries of the military depart- for National and Community Service,’’; (c) AUTHORITIES AND DUTIES OF THE CHIEF
ments, the Commandant of the United (ii) in paragraph (2), by striking ‘‘and the EXECUTIVE OFFICER.—Section 193A(b) of the
States Coast Guard, the Chief Executive Offi- Secretary of Veterans Affairs’’ and inserting National and Community Service Act of 1990
cer of the Corporation for National and Com- ‘‘the Secretary of Veterans Affairs, and the (42 U.S.C. 12651d(b)) is amended—
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S5582 CONGRESSIONAL RECORD — SENATE September 29, 2022
(1) in paragraph (24), by striking ‘‘and’’ at subsection (d)(3) of section 101 of title 10, vided support to the Government of Ukraine;
the end; United States Code) or active status (as de- and
(2) in paragraph (25), by striking the period fined in subsection (d)(4) of such section) in (C) to provide materiel and related services
at the end and inserting ‘‘; and’’; and one of the Armed Forces (as defined in sub- to the Government of Ukraine.
(3) by adding at the end the following new section (a)(4) of such section). (2) PUBLIC INTEREST.—
paragraph: (5) NATIONAL SERVICE.—The term ‘‘national (A) IN GENERAL.—A covered agreement may
‘‘(26) ensure that individuals completing a service’’ means participation, other than be presumed to be in the public interest for
partial or full term of service in a program military service or public service, in a pro- purposes of meeting the requirements of sub-
under subtitle C or E or part A of title I of gram that— section (a)(7) of section 3204 of title 10,
the Domestic Volunteer Service Act of 1973 (A) is designed to enhance the common United States Code.
(42 U.S.C. 4951 et seq.) receive information good and meet the needs of communities, the (B) PROCEDURES.—Notwithstanding the
about military and public service opportuni- States, or the United States; provisions of subsection (a)(7) of section 3204
ties for which they may qualify or in which (B) is funded or facilitated by— of title 10, United States Code, with respect
they may be interested.’’. (i) an organization described in section to a covered agreement—
SEC. 1087. JOINT REPORT TO CONGRESS ON INI- 501(c)(3) of the Internal Revenue Code of 1986 (i) the Secretary of Defense may delegate
TIATIVES TO INTEGRATE MILITARY and exempt from tax under section 501(a) of the authority under that subsection to an of-
AND NATIONAL SERVICE. such Code; ficer or employee who—
(a) REPORTING REQUIREMENT.—Not later (ii) an institution of higher education as (I) in the case of an officer or employee
than 4 years after the date of enactment of defined in section 101 of the Higher Edu- who is a member of the Armed Forces, is
this Act and quadrennially thereafter, the cation Act of 1965 (20 U.S.C. 1001); or serving in a grade at or above brigadier gen-
Director of the Council on Military, Na- (iii) the Federal Government or a State, eral or rear admiral (lower half); or
tional, and Public Service established under Tribal, or local government; and (II) in the case of a civilian officer or em-
section 1081, in coordination with the Sec- (C) is a program— ployee, is serving in a position with a grade
retary of Defense, the Chief Executive Offi- (i) authorized in— under the General Schedule (or any other
cer of the Corporation for National and Com- (I) the Peace Corps Act (22 U.S.C. 2501 et schedule for civilian officers or employees)
munity Service, and the Director of the seq.); that is comparable to or higher than the
Peace Corps, shall submit to Congress a joint (II) section 171 of the Workforce Innovation grade of brigadier general or rear admiral
report on cross-service recruitment, includ- and Opportunity Act (29 U.S.C. 3226) relating (lower half); and
ing recommendations for increasing joint ad- to the YouthBuild Program; (ii) not later than 7 days before using the
vertising and recruitment initiatives for the (III) the Domestic Volunteer Service Act of applicable procedures under section 3204 of
Armed Forces, programs administered by the 1973 (42 U.S.C. 4950 et seq.); or title 10, United States Code, the Secretary,
Corporation for National and Community (IV) the National and Community Service or a designee of the Secretary, shall submit
Service, and the Peace Corps. to the congressional defense committees a
Act of 1990 (42 U.S.C. 12501 et seq.); or
(b) CONTENTS OF REPORT.—Each report written notification of the use of such proce-
(ii) determined to be another relevant pro-
under subsection (a) shall include the fol- dures.
lowing: gram by the Director of the Council on Mili-
tary, National, and Public Service. (C) DOCUMENTATION.—Consistent with para-
(1) The number of Peace Corps volunteers graph (4)(C) of subsection (e) of section 3204
and participants in national service pro- (6) PUBLIC SERVICE.—The term ‘‘public
of title 10, United States Code, the docu-
service’’ means civilian employment in the
grams administered by the Corporation for mentation otherwise required by paragraph
Federal Government or a State, Tribal, or
National and Community Service, who pre- (1) of such subsection is not required in the
local government.
viously served as a member of the Armed case of a covered agreement permitted by
(7) SERVICE.—The term ‘‘service’’ means a
Forces. subsection (a)(7) of such section.
personal commitment of time, energy, and
(2) The number of members of the Armed (3) PROCUREMENT AUTHORITIES.—The spe-
talent to a mission that contributes to the
Forces who previously served in the Peace cial emergency procurement authorities pro-
public good by protecting the Nation and the
Corps or in a program administered by the vided under subsections (b) and (c) of section
citizens of the United States, strengthening
Corporation for National and Community 1903 of title 41, United States Code, may be
communities, States, or the United States, used by the Department of Defense for a cov-
Service.
or promoting the general social welfare. ered agreement.
(3) An assessment of existing (as of the
(8) STATE COMMISSION.—The term ‘‘State (4) CONTRACT FINANCING.—The Secretary
date of the reports submission) joint recruit-
Commission’’ means a State Commission on may waive the provisions of subsections (a)
ment and advertising initiatives undertaken
National and Community Service main- and (c) of section 3372 of title 10, United
by the Department of Defense, the Peace
tained by a State pursuant to section 178 of States Code, for a covered agreement.
Corps, or the Corporation for National and
the National and Community Service Act of (5) TECHNICAL DATA PACKAGES FOR LARGE-
Community Service.
1990 (42 U.S.C. 12638). CALIBER CANNON.—The requirements of sec-
(4) An assessment of the feasibility and
cost of expanding such existing initiatives.
--- tion 7542 of title 10, United States Code, do
SA 6050. Mr. REED (for himself and not apply to the transfer of technical data to
(5) An assessment of ways to improve the
ability of the reporting agencies to recruit
Mr. INHOFE) submitted an amendment an international partner for the production
individuals from the other reporting agen- intended to be proposed to amendment of large-caliber cannons produced for—
cies. SA 5499 submitted by Mr. REED (for (A) the replacement of defense articles
(c) CONSULTATION.—The Director of the himself and Mr. INHOFE) and intended from stocks of the Department of Defense
Council on Military, National, and Public to be proposed to the bill H.R. 7900, to provided to the Government of Ukraine or to
Service established under section 1081, the authorize appropriations for fiscal year foreign countries that have provided support
Secretary of Defense, the Chief Executive Of- 2023 for military activities of the De- to Ukraine at the request of the United
ficer of the Corporation for National and partment of Defense, for military con- States, or
Community Service, and the Director of the (B) contracts awarded by the Department
struction, and for defense activities of of Defense to provide materiel directly to
Peace Corps shall undertake studies of re-
cruiting efforts that are necessary to carry the Department of Energy, to prescribe the Government of Ukraine.
out the provisions of this section. Such stud- military personnel strengths for such (6) TEMPORARY EXEMPTION FROM CERTIFIED
ies may be conducted using any funds appro- fiscal year, and for other purposes; COST AND PRICING DATA REQUIREMENTS.—
priated to those entities under Federal law which was ordered to lie on the table; (A) IN GENERAL.—The requirements under
other than this subtitle. as follows: section 3702 of title 10, United States Code,
SEC. 1088. DEFINITIONS. At the end of subtitle C of title XII, add shall not apply to a covered agreement
In this subtitle: the following: awarded on a Fixed Price Incentive Firm
(1) COUNCIL ON MILITARY, NATIONAL, AND SEC. 1239. TEMPORARY AUTHORIZATIONS RE- Target basis, where target price equals ceil-
PUBLIC SERVICE.—The term ‘‘Council on Mili- LATED TO UKRAINE AND OTHER ing price, and the Government Underrun
tary, National, and Public Service’’ means MATTERS. Share ratio is 100 percent with a cap for prof-
the Council on Military, National, and Pub- (a) TEMPORARY AUTHORIZATIONS FOR COV- it of 15 percent of target cost.
lic Service established under section 1081. ERED AGREEMENTS RELATED TO UKRAINE.— (B) USE OF EXEMPTION.—The following shall
(2) EXECUTIVE AGENCY.—The term ‘‘Execu- (1) COVERED AGREEMENT DEFINED.—In this apply to an exemption under subparagraph
tive agency’’ has the meaning given that subsection, the term ‘‘covered agreement’’ (A):
term in section 105 of title 5, United States includes a contract, subcontract, trans- (i) Awarded profit dollars shall be fixed,
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Code. action, or modification of a contract, sub- but the contractor may ultimately realize a
(3) MILITARY DEPARTMENT.—The term contract, or transaction awarded by the De- profit rate of higher than 15 percent in rela-
‘‘military department’’ means each of the partment of Defense— tion to its final actual cost.
military departments listed in section 102 of (A) to build the stocks of critical muni- (ii) The prices negotiated by the Federal
title 5, United States Code. tions of the Department; Government shall not exceed the most re-
(4) MILITARY SERVICE.—The term ‘‘military (B) to provide materiel and related services cent negotiated prices for the same items
service’’ means active service (as defined in to foreign allies and partners that have pro- while allowing for appropriate adjustments,
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5583
including those for quantity differences or (B) The use of such a contract will result ing served as Superintendent of the Academy
relevant, applicable economic indices. in significant savings compared to the total to a further assignment in lieu of retirement
(C) APPLICATION.—An exemption under sub- anticipated costs of carrying out the pro- shall be subject to the advice and consent of
paragraph (A) shall apply to subcontracts gram through annual contracts. In certifying the Senate.’’.
under prime contracts that are exempt under cost savings under the preceding sentence, (b) UNITED STATES NAVAL ACADEMY.—Sec-
this paragraph. the Secretary shall include a written expla- tion 8371(b) of title 10, United States Code, is
(7) TERMINATION OF TEMPORARY AUTHORIZA- nation of— amended by adding at the end the following:
TIONS.—The provisions of this subsection (i) the estimated end cost and appropriated ‘‘In the event a waiver under this subsection
shall terminate on September 30, 2024. funds by fiscal year, by system, without the is granted, the subsequent nomination and
(b) MODIFICATION OF COOPERATIVE LOGISTIC authority provided in paragraph (1); appointment of such officer having served as
SUPPORT AGREEMENTS: NATO COUNTRIES.— (ii) the estimated end cost and appro- Superintendent of the Academy to a further
Section 2350d of title 10, United States Code, priated funds by fiscal year, by system, with assignment in lieu of retirement shall be
is amended— the authority provided in paragraph (1); subject to the advice and consent of the Sen-
(1) in the section heading, by striking ‘‘lo- (iii) the estimated cost savings or increase ate.’’.
gistic support’’ and inserting ‘‘acquisition by fiscal year, by system, with the authority (c) UNITED STATES AIR FORCE ACADEMY.—
and logistics support’’; provided in paragraph (1); Section 9321(b) of title 10, United States
(2) in subsection (a)— (iv) the discrete actions that will accom- Code, is amended by adding at the end the
(A) in paragraph (1)— plish such cost savings or avoidance; and following: ‘‘In the event a waiver under this
(i) in the matter preceding subparagraph (v) the contractual actions that will ensure subsection is granted, the subsequent nomi-
(A), by striking ‘‘logistics support’’ and in- the estimated cost savings are realized. nation and appointment of such officer hav-
serting ‘‘acquisition and logistics support’’; (C) There is a reasonable expectation that ing served as Superintendent of the Academy
and throughout the contemplated contract pe- to a further assignment in lieu of retirement
(ii) in subparagraph (B), by striking ‘‘logis- riod the Secretary will request funding for shall be subject to the advice and consent of
tic support’’ and inserting ‘‘acquisition and the contract at the level required to avoid the Senate.’’.
logistics support’’; and contract cancellation.
(B) in paragraph (2)(B), by striking ‘‘logis- SA 6052. Mr. BENNET (for himself
(D) There is a stable design for the prop-
tics support’’ and inserting ‘‘armaments and
logistics support’’; and
erty to be acquired and the technical risks and Mr. YOUNG) submitted an amend-
associated with such property are not exces- ment intended to be proposed to
(3) in subsection (b)—
sive. amendment SA 5499 submitted by Mr.
(A) in the matter preceding paragraph (1),
(E) The estimates of both the cost of the
by striking ‘‘Partnership Agreement’’ and REED (for himself and Mr. INHOFE) and
contract and the anticipated cost avoidance
inserting ‘‘Partnership Agreement or Ar-
through the use of a contract authorized intended to be proposed to the bill H.R.
rangement’’; 7900, to authorize appropriations for
under paragraph (1) are realistic.
(B) in paragraph (1)— fiscal year 2023 for military activities
(F) The use of such a contract will promote
(i) by striking ‘‘supply and acquisition of
logistics support in Europe for require- the national security of the United States. of the Department of Defense, for mili-
ments’’ and inserting ‘‘supply, services, sup- (G) During the fiscal year in which such tary construction, and for defense ac-
port, and acquisition, including armaments contract is to be awarded, sufficient funds tivities of the Department of Energy,
for requirements’’; and will be available to perform the contract in to prescribe military personnel
such fiscal year, and the future-years defense
(ii) by striking ‘‘supply and acquisition are strengths for such fiscal year, and for
appropriate’’ and inserting ‘‘supply, services, program (as defined in section 221 of title 10,
United States Code) for such fiscal year will other purposes; which was ordered to
support, and acquisition are appropriate’’; lie on the table; as follows:
and include the funding required to execute the
(C) in paragraph (2), by striking ‘‘logistics program without cancellation. At the appropriate place, insert the fol-
support’’ each place it appears and inserting (4) AUTHORITY FOR ADVANCE PROCURE- lowing:
‘‘acquisition and logistics support’’. MENT.—The Secretary may enter into one or SEC. ll. DEVELOPING ANTIMICROBIAL INNOVA-
(c) CONTRACT AUTHORITY.— more contracts for advance procurement as- TIONS.
(1) PROCUREMENT AUTHORIZED.—In fiscal sociated with a program for which authoriza- Title III of the Public Health Service Act
years 2023 and 2024, the Secretary of Defense tion to enter into a contract is provided (42 U.S.C. 241 et seq.) is amended by adding
may enter into one or more contracts for the under paragraph (1) and for systems and sub- at the end the following:
procurement of up to— systems associated with such program in ‘‘PART W—DEVELOPING ANTIMICROBIAL
(A) 750,000 XM1128 and XM1123 (155mm economic order quantities when cost savings INNOVATIONS
rounds); are achievable.
‘‘SEC. 399OO. ESTABLISHMENT OF COMMITTEE;
(B) 30,000 AGM–114 Hellfire; (5) CONDITION FOR OUT-YEAR CONTRACT PAY- SUBSCRIPTION MODEL; ADVISORY
(C) 36,000 AGM–179 Joint Air-to-Ground MENTS.—A contract entered into under para- GROUP.
Missiles (JAGM); graph (1) shall provide that any obligation of ‘‘(a) IN GENERAL.—Not later than 60 days
(D) 700 M142 High Mobility Artillery Rock- the United States to make a payment under after the date of enactment of this part, the
et Systems (HIMARS); the contract for a fiscal year is subject to Secretary shall establish a Committee on
(E) 6,000 MGM–140 Army Tactical Missile the availability of appropriations for that Critical Need Antimicrobials and appoint
Systems (ATACMS); purpose for such fiscal year. members to the Committee.
(F) 1,000 Harpoons; ‘‘(b) MEMBERS.—
(G) 800 Naval Strike Missiles; SA 6051. Mr. REED submitted an ‘‘(1) IN GENERAL.—The Committee shall
(H) 100,000 Guided Multiple Launch Rocket amendment intended to be proposed to consist of at least one representative from
Systems (GMLRS); amendment SA 5499 submitted by Mr. each of the National Institute of Allergy and
(I) 10,000 PATRIOT Advanced Capability – 3 REED (for himself and Mr. INHOFE) and Infectious Diseases, the Centers for Disease
(PAC–3) Missile Segment Enhancement intended to be proposed to the bill H.R. Control and Prevention, the Biomedical Ad-
(MSE); 7900, to authorize appropriations for vanced Research and Development Author-
(J) 20,000 FIM–92 Stinger; fiscal year 2023 for military activities ity, the Food and Drug Administration, the
(K) 25,000 FGM–148 Javelin; of the Department of Defense, for mili- Centers for Medicare & Medicaid Services,
(L) 20,000 AIM–120 Advanced Medium- the Veterans Health Administration, and the
Range Air-to-Air Missile (AMRAAM); and
tary construction, and for defense ac- Department of Defense.
(M) 1,000 M777 Howitzer. tivities of the Department of Energy, ‘‘(2) CHAIR.—The Secretary shall appoint
(2) PROCUREMENT IN CONJUNCTION WITH EX- to prescribe military personnel one of the members of the Committee to
ISTING CONTRACTS.—The systems authorized strengths for such fiscal year, and for serve as the Chair of the Committee.
to be procured under paragraph (1) may be other purposes; which was ordered to ‘‘(c) DUTIES.—Not later than 1 year after
procured as additions to existing contracts lie on the table; as follows: the appointment of all initial members of
covering such programs. At the end of subtitle E of title V, add the the Committee, the Secretary, in collabora-
(3) CERTIFICATION REQUIRED.—A contract following: tion with the Committee, and in consulta-
may not be entered into under paragraph (1) SEC. 564. ADVICE AND CONSENT REQUIREMENT tion with the Critical Need Antimicrobials
unless the Secretary certifies to the congres- FOR WAIVERS OF MANDATORY RE- Advisory Group established under subsection
sional defense committees in writing, not TIREMENT FOR SUPERINTENDENTS (g), shall do the following:
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later than 7 days before entry into the con- OF MILITARY SERVICE ACADEMIES. ‘‘(1) Develop a list of infections and patient
tract, each of the following, which shall be (a) UNITED STATES MILITARY ACADEMY.— types for which new antimicrobial drug de-
prepared by the milestone decision authority Section 7321(b) of title 10, United States velopment is needed, taking into account pa-
for each such program: Code, is amended by adding at the end the tient factors, organisms, sites of infection,
(A) The use of such a contract is consistent following: ‘‘In the event a waiver under this and type of infections for which there is an
with the projected force structure require- subsection is granted, the subsequent nomi- unmet medical need, findings from the most
ments for such program. nation and appointment of such officer hav- recent report entitled ‘Antibiotic Resistance
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S5584 CONGRESSIONAL RECORD — SENATE September 29, 2022
Threats in the United States’ issued by the ‘‘(D) other elements of the subscription abilities, for health care professionals and
Centers for Disease Control and Prevention, contract process, in accordance with this patients about appropriate use of the anti-
or an anticipated unmet medical need, in- part. microbial drug;
cluding a potential global health security ‘‘(2) DEVELOPMENT OF FINAL REGULATIONS.— ‘‘(dd) submit a plan for registering the
threat. For the list developed under this Before finalizing the regulations under para- antimicrobial drug in additional countries
paragraph, the Secretary, in collaboration graph (1), the Secretary shall solicit public where an unmet medical need exists, which
with the Committee, may use the infection comment and hold public meetings for the such plan may be consistent with the Stew-
list in such most recent report for up to 3 period beginning on the date on which the ardship and Access Plan (SAP) Development
years following the date of enactment of this proposed regulations are issued and ending Guide (2021);
part and subsequently update the list under on the date that is 120 days after such date ‘‘(ee) subject to subparagraph (B), ensure a
this paragraph in accordance with subsection of issuance. The Secretary shall finalize and reliable drug supply chain, thus leading to
(e). publish such regulations not later than 120 an interruption of the supply of the anti-
‘‘(2) Develop regulations, in accordance days after the close of such period of public microbial drug in the United States for more
with subsection (d), outlining favored char- comment and meetings. than 60 days; or
acteristics of critical need antimicrobial ‘‘(3) SUBSCRIPTION CONTRACT OFFICE.—Not ‘‘(ff) make meaningful progress toward
drugs, that are evidence based, clinically fo- later than 6 months after the date of enact- completion of Food and Drug Administra-
cused, and designed to improve patient out- ment of this part, the Secretary shall pro- tion-required postmarketing studies, includ-
comes in treating the infections described in pose an agency or office in the Department ing such studies that are evidence based; and
paragraph (1), and establishing criteria for of Health and Human Services to manage the
‘‘(II) other terms as determined by the Sec-
how each such characteristic or combina- establishment and payment of subscription
retary; and
tions of multiple characteristics will adjust contracts awarded under section 399OO–2, in-
‘‘(iii) if—
the monetary value of a subscription con- cluding eligibility, requirements, and con-
‘‘(I) a phase 3 clinical study has been initi-
tract awarded under subsection (f) or section tract amounts. The Secretary shall solicit
public comment and finalize the agency or ated for the antimicrobial drug; or
399OO–2. The favored characteristics shall be
weighed for purposes of such monetary value office no later than 45 days following the ‘‘(II) the antimicrobial drug has been ap-
such that meeting certain characteristics, or proposed agency or office. Such agency or of- proved under section 505(c) of the Federal
meeting more than one such characteristic, fice shall be referred to as the ‘Subscription Food, Drug, and Cosmetic Act or licensed
increases the monetary value. Such favored Contract Office’. under section 351(a).
characteristics of an antimicrobial drug ‘‘(e) LIST OF INFECTIONS AND PATIENT ‘‘(B) WAIVER.—The requirement under sub-
shall include— TYPES.—The Secretary, in collaboration paragraph (A)(ii)(I)(ee) may be waived in the
‘‘(A) treating infections and patients on with the Committee, shall update the list of case that an emergency prohibits access to a
the list under paragraph (1); infections and patient types under sub- reliable drug supply chain.
‘‘(B) improving clinical and patient out- section (c)(1) at least every 2 years. ‘‘(3) TRANSITIONAL GUIDANCE.—Not later
comes for patients with multi-drug-resistant ‘‘(f) TRANSITIONAL SUBSCRIPTION CON- than 120 days after the appointment of the
infections; TRACTS.— initial members of the Committee, the Sec-
‘‘(C) being a first-approved antimicrobial ‘‘(1) IN GENERAL.—Not earlier than 30 days retary shall issue, in consultation with the
drug that has the evidence of addressing after the date of enactment of this part and Committee, transitional guidance outlining
unmet medical needs for the treatment of a ending on the date that the Secretary final- the antimicrobial drugs that are eligible for
serious or life-threatening infection, and, to izes the subscription contract regulations transitional subscription contracts under
a lesser extent, second and third drugs that under subsection (d), the Secretary may use paragraph (1), the requirements to enter into
treat such infections; up to $1,000,000,000 of the amount appro- a transitional subscription contract under
‘‘(D) route of administration, especially priated under section 399OO–4(a) to engage in paragraph (2), and the process by which drug
through oral administration; transitional subscription contracts of up to 3 developers can enter into transitional sub-
‘‘(E)(i) containing no active moiety (as de- years in length with antimicrobial devel- scription contracts with the Secretary under
fined by the Secretary in section 314.3 of opers, as determined by the Secretary, that this subsection.
title 21, Code of Federal Regulations (or any have developed antimicrobial drugs treating ‘‘(4) PAYMENT OFFICE AND MECHANISM.—Not
successor regulations)) that has been ap- infections listed in the most recent report later than 30 days after the date of enact-
proved in any other application under sec- entitled ‘Antibiotic Resistance Threats in ment of this part, the Secretary shall deter-
tion 505(b) of the Federal Food, Drug, and the United States’ issued by the Centers for mine the agency or office in the Department
Cosmetic Act or intending to be the subject Disease Control and Prevention, and may in- of Health and Human Services that will man-
of a new biological product license applica- clude antimicrobial drugs that are qualified age the transitional subscription contracts,
tion under section 351(a); infectious disease products (as defined in sec- including eligibility, requirements, and con-
‘‘(ii) being a member of a new class of tion 505E(g) of the Federal Food, Drug, and tract amounts, during the period described
drugs with a novel target and novel mode of Cosmetic Act), innovative biological prod- in paragraph (1).
action that are distinctly different from the ucts, or innovative drugs that achieve im-
target or mode of any antimicrobial drug ap- proved clinical and patient outcomes ‘‘(g) CRITICAL NEED ANTIMICROBIAL ADVI-
proved under section 505 of such Act or li- through immunomodulation. Such a con- SORY GROUP.—
censed under section 351, including reduced tract may authorize the contractor to use ‘‘(1) IN GENERAL.—Not later than 30 days
toxicity; funds made available under the contract for after the appointment of all initial members
‘‘(iii) not being affected by cross-resistance completion of postmarketing clinical stud- of the Committee, the Secretary, in collabo-
to any antimicrobial drug approved under ies, manufacturing, and other preclinical and ration with the Committee, shall establish a
such section 505 or licensed under such sec- clinical efforts. Critical Need Antimicrobial Advisory Group
tion 351; ‘‘(2) REQUIREMENTS.— (referred to in this subsection as the ‘Advi-
‘‘(F) improving patient outcomes for an in- ‘‘(A) IN GENERAL.—The Secretary, through sory Group’) and appoint members to the Ad-
fection through a novel chemical scaffold or the office described in paragraph (4), may visory Group.
mechanism of action; enter into a contract under paragraph (1)— ‘‘(2) MEMBERS.—The members of the Advi-
‘‘(G) having received a transitional sub- ‘‘(i) if the Secretary determines that the sory Group shall include—
scription contract under subsection (f); and antimicrobial drug is intended to treat an in- ‘‘(A) not fewer than 6 individuals who are—
‘‘(H) any other characteristic the Sec- fection and improves patient outcomes for ‘‘(i) infectious disease specialists; or
retary, in collaboration with the Committee, which there is an unmet clinical need, an an- ‘‘(ii) other health experts with expertise in
determines necessary. ticipated clinical need, or drug resistance; researching antimicrobial resistance, health
‘‘(d) REGULATIONS.— ‘‘(ii) subject to terms including— economics, or commercializing anti-
‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(I) that the Secretary shall cease any microbial drugs; and
after the appointment of the initial members payment installments under a transitional ‘‘(B) not fewer than 5 patient advocates.
of the Committee, the Secretary shall issue subscription contract if the sponsor does ‘‘(3) CHAIR.—The Secretary shall appoint
proposed regulations which shall include— not— one of the members of the Advisory Group to
‘‘(A) a process by which the sponsors can ‘‘(aa) ensure commercial and Federal avail- serve as the Chair.
apply for an antimicrobial drug to become a ability of the antimicrobial drug within 30 ‘‘(4) CONFLICTS OF INTEREST.—In appointing
critical need antimicrobial drug under sec- days of receiving first payment under the members under paragraph (2), the Secretary
tion 399OO–1; contract; shall ensure that no member receives com-
‘‘(B) how subscription contracts under such ‘‘(bb) identify, track, and publicly report pensation in any manner from a commercial
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section shall be established and paid; drug resistance data, patient outcomes, and or for-profit entity that develops
‘‘(C) the favored characteristics under sub- trends using available data related to the antimicrobials or that might benefit from
section (c)(2), how such characteristics will antimicrobial drug; antimicrobial development.
be weighed, and the minimum number and ‘‘(cc) develop and implement education and ‘‘(5) APPLICABILITY OF FACA.—Except as
kind of favored characteristics needed for an communications strategies, including com- otherwise provided in this subsection, the
antimicrobial drug to be designated a crit- munications for individuals with limited Federal Advisory Committee Act shall apply
ical need antimicrobial drug; and English proficiency and individuals with dis- to the Advisory Group.
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5585
‘‘SEC. 399O–1. CRITICAL NEED ANTIMICROBIAL nostic approaches, to inform use of the drug; ‘‘(5) submit a plan for registering the drug
DRUG APPLICATION AND PAYMENT and in additional countries where an unmet med-
THROUGH SUBSCRIPTION CON- ical need exists;
‘‘(B) may be developed in partnership with
TRACTS.
the Secretary, infectious disease experts, di- ‘‘(6) ensure a reliable drug supply chain,
‘‘(a) IN GENERAL.— where any interruption to the supply chain
agnostic experts or developers, laboratory
‘‘(1) SUBMISSION OF REQUEST.—The sponsor will not last for more than 60 days in the
experts, or another entity.
of an application under section 505(b) of the United States;
‘‘(2) CONSULTATION.—The Secretary shall
Federal Food, Drug, and Cosmetic Act or ‘‘(7) complete any postmarketing studies
consult with relevant professional societies
section 351(a) for an antimicrobial drug may required by the Food and Drug Administra-
and the Critical Need Antimicrobial Advi-
request that the Secretary designate the tion in a timely manner;
sory Group established under section
drug as a critical need antimicrobial. A re- ‘‘(8) produce the drug at a reasonable vol-
399OO(g) to ensure that clinical guidelines
quest for such designation may be submitted ume determined with the Secretary to en-
issued by the Secretary under paragraph (3),
after the Secretary grants for such drug an sure patient access to the drug;
with respect to an antimicrobial drug des-
investigational new drug exemption under ‘‘(9) price the drug at a price that is not
ignated under subsection (a), includes the
section 505(i) of the Federal Food, Drug, and lower than a comparable generic drug;
use of appropriate diagnostic approaches,
Cosmetic Act or section 351(a)(3), and shall ‘‘(10) abide by the manufacturing and envi-
taking into consideration the diagnostic
be submitted not later than 5 years after the ronmental best practices in the supply chain
plan submitted by a sponsor under paragraph
date of approval under section 505(c) of the for the control of discharge of antimicrobial
(1).
Federal Food, Drug, and Cosmetic Act or li- active pharmaceutical ingredients to ensure
‘‘(3) PUBLICATION OF CLINICAL GUIDELINES.—
censure under section 351(a). minimal discharge into, or contamination of,
Not later than 1 year after the Secretary
‘‘(2) CONTENT OF REQUEST.—A request under the environment by antimicrobial agents or
makes the first designation under subsection
paragraph (1) shall include information, such products as a result of the manufacturing
(a), and not less than every 3 years there-
as clinical, preclinical and postmarketing process; and
after, the Secretary shall publish clinical
data, evidence of patient outcomes, a list of ‘‘(11) abide by other terms as the Secretary
guidelines in consultation with relevant pro-
the favorable characteristics described in may require.
fessional societies with respect to each anti-
section 399OO(c)(2), and any other material ‘‘(c) AMOUNT AND TERMS OF CONTRACTS.—
microbial drug that has been approved or li-
that the Secretary in consultation with the ‘‘(1) AMOUNTS.—A subscription contract
censed as described in subsection (a)(1) and
Committee requires. under this section shall be for the sale to the
that has been designated under subsection
‘‘(3) REVIEW BY SECRETARY.—The Secretary Secretary of any quantity of the anti-
(a), which guidelines shall set forth the evi-
shall promptly review all requests for des- microbial drug needed over the term of the
dence-based recommendations for pre-
ignation submitted under this subsection, as- contract under paragraph (2), at an agreed
scribing the drug, in accordance with the
sess all required application components, upon price, for a total projected amount de-
evidence in submissions of the sponsor under
and determine if the antimicrobial drug is termined by the Secretary that is not less
paragraph (1) and after consultation under
likely to meet the favorable characteristics than $750,000,000 and not more than
paragraph (2), as appropriate.
identified in the application upon the com- $3,000,000,000, adjusted for inflation, account-
‘‘SEC. 399O–2. SUBSCRIPTION CONTRACTS. ing for the favored characteristic or com-
pletion of clinical development. After re-
view, the Secretary shall approve or deny ‘‘(a) APPLICATION FOR A SUBSCRIPTION CON- bination of favored characteristics of the
each request for designation not later than TRACT.— drug, including improved patient outcomes,
90 days after receiving a request. If the Sec- ‘‘(1) SUBMISSION OF APPLICATIONS.—After as determined by the Secretary, in consulta-
retary approves a request, it shall publish approval under section 505(c) of the Federal tion with the Committee, under subsection
the value of the contract that the critical Food, Drug, and Cosmetic Act or licensure (a)(2), and shall be allocated from the
need antimicrobial developer would be eligi- under section 351(a), the sponsor of an anti- amount made available under section 399OO–
ble to receive if such developer successfully microbial drug designated as a critical need 4(a). Not later than 6 months after the sub-
demonstrates that the drug meets the max- antimicrobial under section 399OO–1 may scription contract is granted under sub-
imum value of the favored characteristics submit an application for a subscription con- section (a), the Secretary shall provide pay-
listed in the application. tract with the Secretary, under a procedure ments for purchased drugs in installments
‘‘(4) LENGTH OF DESIGNATION PERIOD.—A established by the Secretary. established by the Secretary in consultation
designation granted under this section shall ‘‘(2) REVIEW OF APPLICATIONS.—The Sec- with the sponsor of the antimicrobial drug
be in effect for a period of 10 years after the retary shall, in consultation with the Com- and in accordance with subsection (d)(3).
date that the designation is approved, and mittee— Funds received by the sponsor shall be used
shall remain in effect for such period even if ‘‘(A) review all applications for subscrip- to support criteria qualification under sub-
the infection treated by such drug is later re- tion contracts under paragraph (1) and assess section (b), the completion of postmarketing
moved from the list of infections under sec- all required application components; clinical studies, manufacturing, other pre-
tion 399OO(c)(1). ‘‘(B) determine the extent to which the clinical and clinical activities, or other ac-
‘‘(5) SUBSEQUENT REVIEWS.—No sooner than critical need antimicrobial meets the fa- tivities agreed to by the Secretary and spon-
2 years after a designation approval or denial vored characteristics identified under sec- sor in the contract.
under subsection (3), the sponsor may re- tion 399OO(c)(2), and deny any application ‘‘(2) TERMS.—
quest a subsequent review to re-evaluate the for a drug that meets none of such character- ‘‘(A) INITIAL TERM.—The initial term of a
value of a contract to include any new infor- istics; and contract under this subsection shall be no
mation. ‘‘(C) assign a monetary value to the con- less than 5 years or greater than the greater
‘‘(b) DEVELOPMENT OF DESIGNATED tract based on the regulations developed of 10 years or the remaining period of time
DRUGS.—If a critical need antimicrobial des- under section 399OO(d). during which the sponsor has patent protec-
ignation is granted during clinical develop- ‘‘(b) CRITERIA.—To qualify for a subscrip- tions or a remaining exclusivity period with
ment of an antimicrobial drug, the Secretary tion contract under this section, the sponsor respect to the antimicrobial drug in the
may work with the sponsor to maximize the of an antimicrobial drug designated as a crit- United States, as listed in the publication of
opportunity for the sponsor to successfully ical need antimicrobial shall agree to— the Food and Drug Administration entitled
demonstrate that the antimicrobial drug ‘‘(1) ensure commercial and Federal avail- ‘Approved Drug Products with Therapeutic
possesses the favored characteristics of high- ability of the antimicrobial drug within 30 Equivalence Evaluations’. Payments may be
monetary valued products identified under days of receiving first payment under the in equal annual installments with the option
section 399OO(c)(2). contract, and sufficient supply for suscepti- to redeem 50 percent of the last year’s reim-
‘‘(c) APPROPRIATE USE OF CRITICAL NEED bility device manufacturers; bursement in year 1 of the contract in order
ANTIMICROBIAL.— ‘‘(2) identify, track, and publicly report to offset costs of establishing manufacturing
‘‘(1) IN GENERAL.—The sponsor of an anti- drug resistance data, patient outcomes, and capacity, or another subscription arrange-
microbial drug that receives designation trends using available data related to the ment to which the Secretary and sponsor
under subsection (a) shall within 90 days of antimicrobial drug; agree. Subscription contracts shall remain in
such designation, submit to the Secretary a ‘‘(3) develop and implement education and effect for such period even if the infection
plan for appropriate use of diagnostics, in communications strategies, including com- treated by such antimicrobial drug is later
order for the Secretary and Committee to munications for individuals with limited removed from the list of infections under
consider such plan in developing clinical English proficiency and individuals with dis- section 399OO(c)(1).
guidelines. An appropriate use plan— abilities, for health care professionals and ‘‘(B) EXTENSION OF CONTRACTS.—The Sec-
‘‘(A) shall include— patients about appropriate use of the anti- retary may extend a subscription contract
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‘‘(i) the appropriate use of the drug; and microbial drug; with a sponsor under this subsection beyond
‘‘(ii) the appropriate use of diagnostic ‘‘(4) submit an appropriate use assessment the initial contract period. A single contract
tools, where available, such as diagnostic to the Secretary, Committee, Food and Drug extension may be in effect not later than the
testing for biomarkers related to anti- Administration, and Centers for Disease Con- date on which all periods of exclusivity
microbial-resistant pathogens and dem- trol and Prevention every 2 years regarding granted by the Food and Drug Administra-
onstrating improved infection diagnosis and use of the antimicrobial drug, including how tion expire and shall be in an amount not to
benefit with the drug, or other targeted diag- the drug is being marketed; exceed $25,000,000 per year. All other terms of
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S5586 CONGRESSIONAL RECORD — SENATE September 29, 2022
an extended contract shall be the same as ‘‘(B) fails to meet criteria under subsection ‘‘(1) IN GENERAL.—The Secretary, acting
the terms of the initial contract. The total (b); or through the Director of the Centers for Dis-
amount of funding used on such contract ex- ‘‘(C) does not complete a postmarket study ease Control and Prevention, shall use the
tensions shall be no more than $1,000,000,000, required by the Food and Drug Administra- National Healthcare Safety Network and
and shall be allocated from the amount made tion during the length of the term of the other appropriate surveillance systems to as-
available under section 399OO–4. contract; sess—
‘‘(C) MODIFICATION OF CONTRACTS.—The ‘‘(2) the annual international and private ‘‘(A) appropriate conditions, patient out-
Secretary or sponsor, 1 year after the start insurance market revenues with respect to comes, and measures causally related to
of the contract period under this subsection an antimicrobial drug (not counting any sub- antibacterial resistance, including types of
and every 2 years thereafter, may request a scription revenues from any source pursuant infections, the causes for infections, the
modification of the amount of the contract to a contract under this section or other types of patients with infections, and wheth-
based on information that adjusts favored international or private entities) exceed 5 er infections are acquired in a community or
characteristics in section 399OO(c)(2). times the average annual amount of the sub- hospital setting, increased lengths of hos-
‘‘(3) ADJUSTMENT.—In the case of an anti- scription contract paid by the Secretary as pital stay, increased costs, and rates of mor-
microbial drug that received a transitional certified by the sponsor annually; or tality; and
subscription contract under section 399OO(f), ‘‘(3) if the total revenue of the sponsor ‘‘(B) changes in bacterial resistance to
the amount of a subscription contract for from government programs that pay for antimicrobial drugs in relation to patient
such drug under this section shall be reduced drugs subject to a contract agreement en- outcomes, including changes in percent re-
by the amount of the transitional subscrip- tered into pursuant to subsection (c)(2), for a sistance, prevalence of antibiotic-resistant
tion contract under such section 399OO(f) for year exceeds the amount of the subscription infections, rates of patient survival, patient
such drug. contract paid by the Secretary for that year. symptoms and function in their daily lives,
‘‘(4) CONTRACTS FOR GENERIC AND BIO- ‘‘(f) PRIVATE PAYER AND INTERNATIONAL and other such changes.
SIMILAR VERSIONS.—Notwithstanding any PAYER PARTICIPATION.—The Secretary shall ‘‘(2) ANTIBIOTIC USE DATA.—The Secretary,
other provision in this part, the Secretary make efforts to increase the participation of acting through the Director of the Centers
may award a subscription contract under domestic private payors and international for Disease Control and Prevention, shall
this section to a manufacturer of a generic payors in subscription contracts or other work with Federal agencies (including the
or biosimilar version of an antimicrobial types of value-based arrangements that are Department of Veterans Affairs, the Depart-
drug for which a subscription contract has similar to the subscription contracts author- ment of Defense, the Department of Home-
been awarded under this section. Such con- ized under this section. land Security, the Bureau of Prisons, the In-
tracts shall be awarded in accordance with a ‘‘SEC. 399O–3. ENCOURAGING APPROPRIATE USE dian Health Service, and the Centers for
procedure, including for determining the OF ANTIBIOTICS, COMBATING RE- Medicare & Medicaid Services), private ven-
terms and amounts of such contracts, estab- SISTANCE, AND IMPROVING PA- dors, health care organizations, pharmacy
lished by the Secretary. TIENT OUTCOMES. benefit managers, and other entities as ap-
‘‘(d) ANNUAL ANTIMICROBIAL DRUG SPONSOR ‘‘(a) ESTABLISHMENT OF HEALTH FACILITY propriate to obtain reliable and comparable
REVENUE LIMITATIONS.— GRANT PROGRAM.— human antibiotic drug consumption data (in-
‘‘(1) IN GENERAL.—Pursuant to a contract ‘‘(1) IN GENERAL.—Not later than 1 year cluding, as available and appropriate, vol-
entered into under this section, during the after the date of enactment of this part, the ume antibiotic distribution data and anti-
term of such a contract, the annual net rev- Secretary and the Director of the Centers for biotic use data, including prescription data)
enue from sales of the applicable anti- Disease Control and Prevention shall coordi- by State or metropolitan areas.
microbial drug for beneficiaries or enrollees nate with the Administrator of the Health ‘‘(3) ANTIBIOTIC RESISTANCE TREND AND PA-
in Federal health care programs shall be sub- Resources and Services Administration, the TIENT OUTCOMES DATA.—The Secretary, act-
tracted from the annual payment install- Administrator of the Centers for Medicare & ing through the Director of the Centers for
ments determined in the subscription con- Medicaid Services, the National Coordinator Disease Control and Prevention, shall inten-
tract. The Secretary shall coordinate with for Health Information Technology, and sify and expand efforts to collect antibiotic
the relevant agencies of the Federal Govern- other relevant agencies, to establish a grant resistance and patient outcomes data and en-
ment to carry out this subsection in a man- program under the Centers for Disease Con- courage adoption of the Antibiotic Use and
ner that ensures minimal disruption to how trol and Prevention to support hospital, Resistance Module within the National
a health care provider currently acquires ap- skilled nursing facility, and other inpatient Healthcare Safety Network among all health
plicable antimicrobial drugs. facility efforts— care facilities across the continuum of care,
‘‘(2) REGULATIONS.—To carry out this sub- ‘‘(A) to judiciously use antimicrobial including, as appropriate, acute care hos-
section, the Secretary shall promulgate reg- drugs, such as by establishing or imple- pitals, dialysis facilities, nursing homes, am-
ulations to identify the Federal health care menting appropriate use programs, including bulatory surgical centers, and other ambula-
programs applicable under this section and infectious disease telehealth programs, using tory health care settings in which anti-
to establish the methodology and data col- appropriate diagnostic tools, partnering with microbial drugs are routinely prescribed.
lection requirements necessary to determine academic hospitals, increasing health care- The Secretary shall seek to collect such data
the amount to be subtracted from any con- associated infection reporting, and moni- from electronic medication administration
tract. Any methodology established for the toring antimicrobial resistance and patient reports and laboratory systems to produce
collection of data and calculation of the outcomes; and the reports described in paragraph (4).
amount to be subtracted from any contract ‘‘(B) to participate in the National ‘‘(4) PUBLIC AVAILABILITY OF DATA.—The
shall take into account any legally man- Healthcare Safety Network Antimicrobial Secretary, acting through the Director of
dated or voluntary discounts and rebates Use and Resistance Module or the Emerging the Centers for Disease Control and Preven-
provided by the manufacturer of the applica- Infections Program Healthcare-Associated tion, shall, for the purposes of improving the
ble antimicrobial drug to the government Infections Community Interface activity of monitoring of important trends in patient
programs that pay for such drugs subject to the Centers for Disease Control and Preven- outcomes in relation to antibacterial resist-
a contract agreement entered into pursuant tion or a similar reporting program, as speci- ance—
to subsection (c)(2). fied by the Secretary, relating to anti- ‘‘(A) make the data derived from surveil-
‘‘(3) DEFINITIONS.—In this subsection: microbial drugs. lance under this subsection publicly avail-
‘‘(A) APPLICABLE ANTIMICROBIAL DRUG.— ‘‘(2) PRIORITIZATION.—In awarding grants able through reports issued on a regular
The term ‘applicable antimicrobial drug’ under paragraph (1), the Secretary shall basis that is not less than annually; and
means an antimicrobial drug for which the prioritize hospitals or skilled nursing facili- ‘‘(B) examine opportunities to make such
sponsor of such drug receives a subscription ties without an existing program to judi- data available in near real time.
contract under subsection (a). ciously use antimicrobial drugs, subsection ‘‘SEC. 399O–4. APPROPRIATIONS.
‘‘(B) FEDERAL HEALTH CARE PROGRAM.—The (d) hospitals (as defined in subparagraph (B) ‘‘(a) IN GENERAL.—To carry out this part,
term ‘Federal health care program’ has the of section 1886(d)(2) of the Social Security there are hereby appropriated to the Sec-
meaning given such term in section 1128B(f) Act that are located in rural areas (as de- retary, out of amounts in the Treasury not
of the Social Security Act, except that, for fined in subparagraph (D) of such section), otherwise appropriated, $6,000,000,000, for fis-
purposes of this subsection, such term in- critical access hospitals (as defined in sec- cal year 2023, to remain available until ex-
cludes the health insurance program under tion 1861(mm)(1) of such Act), hospitals serv- pended.
chapter 89 of title 5, United States Code. ing Tribal-populations, and safety-net hos- ‘‘(b) EMERGENCY DESIGNATION.—
‘‘(e) FAILURE TO ADHERE TO TERMS.—The pitals. ‘‘(1) IN GENERAL.—The amounts provided by
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Secretary shall cease any payment install- ‘‘(3) FUNDING.—Of the amounts appro- this section are designated as an emergency
ments under a contract under this section priated under section 399OO–4, the Secretary requirement pursuant to section 4(g) of the
if— shall reserve $500,000,000 to carry out this Statutory Pay-As-You-Go Act of 2010.
‘‘(1) the sponsor— subsection. ‘‘(2) DESIGNATION IN SENATE.—In the Sen-
‘‘(A) permanently withdraws the anti- ‘‘(b) SURVEILLANCE AND REPORTING OF AN- ate, this section is designated as an emer-
microbial drug from the market in the TIBIOTIC USE, RESISTANCE, AND PATIENT OUT- gency requirement pursuant to section
United States; COMES.— 4112(a) of H. Con. Res. 71 (115th Congress), the
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5587
concurrent resolution on the budget for fis- ‘‘SEC. 513. OFFICE OF CIVIL RIGHTS AND INCLU- served community disparities in the delivery
cal year 2018. SION. of such programs and activities; and
‘‘SEC. 399O–5. STUDIES AND REPORTS. ‘‘(a) DEFINITIONS.—In this section— ‘‘(C) carrying out such other responsibil-
‘‘(a) IN GENERAL.—Not later than 6 years ‘‘(1) the term ‘appropriate committees of ities of the Office of Equal Rights as in effect
after the date of enactment of this part, the Congress’ means— on the day before the date of enactment of
Comptroller General of the United States ‘‘(A) the Committee on Homeland Security the Achieving Fairness in Disaster Response,
shall complete a study on the effectiveness and Governmental Affairs of the Senate; and Recovery, and Resilience Act of 2022, as de-
of this part in developing priority anti- ‘‘(B) the Committee on Transportation and termined appropriate by the Administrator.
microbial drugs and improving patient out- Infrastructure, the Committee on Oversight ‘‘(2) REDUCING DISPARITIES IN PREPARED-
comes. Such study shall examine the indica- and Reform, and the Committee on Home- NESS, RESPONSE, AND RECOVERY.—
tions for, usage of, development of resistance land Security of the House of Representa- ‘‘(A) IN GENERAL.—The Director shall de-
with respect to, and private and societal tives; velop measures to evaluate the effectiveness
value of critical need antimicrobial drugs, ‘‘(2) the term ‘Director’ means the Director of the activities of program offices in the
and the impact of the programs under this of the Office of Civil Rights and Inclusion; Agency and the activities of recipients
part on patient outcomes and markets of ‘‘(3) the term ‘disaster assistance’ means aimed at reducing disparities in the services
critical need antimicrobial drugs. The Comp- assistance provided under titles IV and V of provided to underserved communities.
troller General shall report to the Com- the Robert T. Stafford Disaster Relief and ‘‘(B) REQUIREMENT.—The measures devel-
mittee on Health, Education, Labor, and Emergency Assistance Act (42 U.S.C. 5170 et oped under subparagraph (A) shall—
Pensions of the Senate and the Committee seq.); ‘‘(i) evaluate community outreach activi-
on Energy and Commerce of the House of ‘‘(4) the term ‘Office’ means the Office of ties, language services, workforce com-
Representatives on the findings of such Civil Rights and Inclusion; and petence, historical assistance for grants and
study. ‘‘(5) the term ‘underserved community’ loans provided to individuals and State,
‘‘(b) ANTIBIOTIC USE IN THE UNITED STATES; means— local, tribal, and territorial governments,
ANNUAL REPORTS.—The Director of the Cen- ‘‘(A) a rural community; the effects of disaster declaration thresholds
ters for Disease Control and Prevention ‘‘(B) a low-income community; on underserved communities, the percentage
shall, each year, update the report entitled ‘‘(C) the disability community; of contracts awarded to underserved busi-
‘Antibiotic Use in the United States’ to in- ‘‘(D) the Native American and Alaskan Na- nesses, historical barriers to equitable as-
clude updated information on progress and tive community; sistance across race and class during and
opportunities with respect to data, pro- ‘‘(E) the African-American community; after disasters, and other areas, as deter-
grams, and resources for prescribers to pro- ‘‘(F) the Asian community; mined by the Director; and
mote appropriate use of antimicrobial drugs. ‘‘(G) the Hispanic (including persons of ‘‘(ii) identify the communities implicated
‘‘(c) REPORT ON ANTIMICROBIAL PROPHY- Mexican, Puerto Rican, Cuban, and Central in the evaluations conducted under clause
LACTICS.—Not later than 3 years after the or South American origin) community; (i).
date of enactment of this part, the Director ‘‘(H) the Pacific Islander community; ‘‘(C) COORDINATION WITH OTHER OFFICES.—In
of the Centers for Disease Control and Pre- ‘‘(I) the Middle Eastern and North African carrying out this section, the Director
vention shall publish a report on anti- community; and shall—
microbial prophylactics. ‘‘(J) any other historically disadvantaged ‘‘(i) participate in scenario-based disaster
‘‘SEC. 399O–6. DEFINITIONS. community, as determined by the Director. response exercises at the Agency;
‘‘In this part— ‘‘(b) OFFICE OF CIVIL RIGHTS AND INCLU- ‘‘(ii) coordinate with the Office of Minority
‘‘(1) the term ‘antimicrobial drug’— SION.—
Health of the Department of Health and
‘‘(A) means, subject to subparagraph (B), a ‘‘(1) IN GENERAL.—The Office of Equal Human Services;
product that is— Rights of the Agency shall, on and after the ‘‘(iii) coordinate with the Office of Civil
‘‘(i) a drug that directly inhibits replica- date of enactment of the Achieving Fairness Rights of the Department of Agriculture;
tion of or kills bacteria or fungi relevant to in Disaster Response, Recovery, and Resil- ‘‘(iv) as appropriate, coordinate with other
the proposed indication at concentrations ience Act of 2022, be known as the Office of relevant offices across the Federal Govern-
likely to be attainable in humans to achieve Civil Rights and Inclusion. ment, including by leading a voluntary task
the intended therapeutic effect; or ‘‘(2) REFERENCES.—Any reference to the Of- force to address disaster response needs of
‘‘(ii) a biological product that acts directly fice of Equal Rights of the Agency in any underserved communities;
on bacteria or fungi or on the substances law, regulation, map, document, record, or ‘‘(v) coordinate with the Office for Civil
produced by such bacteria or fungi; and other paper of the United States shall be Rights and Civil Liberties of the Depart-
‘‘(B) does not include— deemed to be a reference to the Office of ment; and
‘‘(i) a drug that achieves the effect de- Civil Rights and Inclusion. ‘‘(vi) investigate allegations of unequal
scribed by subparagraph (A)(i) only at a con- ‘‘(c) DIRECTOR.—
disaster assistance based on race or ethnic
centration that cannot reasonably be studied ‘‘(1) IN GENERAL.—The Office shall be head-
origin or refer those allegations to the ap-
in humans because of its anticipated tox- ed by a Director, who shall report to the Ad-
propriate office.
icity; or ministrator.
‘‘(2) REQUIREMENT.—The Director shall ‘‘(f) GRANTS AND CONTRACTS.—In carrying
‘‘(ii) a vaccine; and out this section, to further inclusion and en-
‘‘(2) the term ‘Committee’ means the Com- have documented experience and expertise in
civil rights, underserved community inclu- gagement of underserved communities
mittee on Critical Need Antimicrobials es- throughout preparedness, response, recovery,
tablished under section 399OO.’’. sion research, disaster preparedness, or resil-
ience disparities elimination. and mitigation and to eliminate underserved
--- community disparities in the delivery of dis-
SA 6053. Mr. PETERS submitted an ‘‘(d) PURPOSE.—The purpose of the Office is
to— aster assistance, as described in subsection
amendment intended to be proposed to (d), the Administrator shall—
‘‘(1) improve underserved community ac-
amendment SA 5499 submitted by Mr. cess to disaster assistance; ‘‘(1) administer and evaluate Agency pro-
REED (for himself and Mr. INHOFE) and ‘‘(2) improve the quality of disaster assist- grams and activities, including the programs
intended to be proposed to the bill H.R. ance received by underserved communities; and activities of recipients of preparedness,
7900, to authorize appropriations for ‘‘(3) eliminate underserved community dis- response, recovery, and mitigation grants
fiscal year 2023 for military activities parities in the delivery of disaster assist- and contracts, to—
of the Department of Defense, for mili- ance; and ‘‘(A) further inclusion and engagement of
‘‘(4) carry out such other responsibilities of underserved communities and underserved
tary construction, and for defense ac- businesses; and
tivities of the Department of Energy, the Office of Equal Rights as in effect on the
day before the date of enactment of the ‘‘(B) improve outcomes for underserved
to prescribe military personnel Achieving Fairness in Disaster Response, Re- communities tied to Agency programs and
strengths for such fiscal year, and for covery, and Resilience Act of 2022, as deter- activities; and
other purposes; which was ordered to mined appropriate by the Administrator. ‘‘(2) establish an underserved community
lie on the table; as follows: ‘‘(e) AUTHORITIES AND DUTIES.— initiative to award grants to, and enter into
At the appropriate place, insert the fol- ‘‘(1) IN GENERAL.—The Director shall be re- cooperative agreements and contracts with,
lowing: sponsible for— nonprofit entities.
SEC. lll. OFFICE OF CIVIL RIGHTS AND INCLU- ‘‘(A) improving— ‘‘(g) DISABILITY COORDINATOR.—
SION. ‘‘(i) underserved community access to dis- ‘‘(1) IN GENERAL.—There shall be within the
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(a) SHORT TITLE.—This section may be aster assistance before and after a disaster; Office a Disability Coordinator to ensure
cited as the ‘‘Achieving Fairness in Disaster and that the needs of individuals with disabil-
Response, Recovery, and Resilience Act of ‘‘(ii) the quality of Agency assistance un- ities are being properly addressed by
2022’’. derserved communities receive; proactively engaging with disability and un-
(b) ESTABLISHMENT OF OFFICE.—Section 513 ‘‘(B) reviewing preparedness, response, and derserved communities and State, local, and
of the Homeland Security Act of 2002 (6 recovery programs and activities of the tribal governments in emergency prepared-
U.S.C. 321b) is amended to read as follows: Agency to ensure the elimination of under- ness and disaster relief.
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S5588 CONGRESSIONAL RECORD — SENATE September 29, 2022
‘‘(2) RESPONSIBILITIES.—The Disability Co- aimed at reducing preparedness, response, the Committee on the Judiciary of the Sen-
ordinator shall be responsible for— and recovery disparities; and ate; and
‘‘(A) providing guidance and coordination ‘‘(C) the number and types of allegations of ‘‘(B) the Committee on Homeland Secu-
on matters relating to individuals with dis- unequal disaster assistance investigated by rity, the Committee on Transportation and
abilities in emergency planning require- the Director or referred to other appropriate Infrastructure, the Committee on Oversight
ments and relief efforts in the event of a nat- offices. and Reform, the Committee on Energy and
ural disaster, act of terrorism, or other man- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Commerce, and the Committee on the Judi-
made disaster; There are authorized to be appropriated such ciary of the House of Representatives.
‘‘(B) interacting with the staff of the Agen- sums as are necessary to carry out this sec- ‘‘(4) The term ‘budget’, with respect to a
cy, the National Council on Disability, the tion.’’. fiscal year, means the budget for that fiscal
Interagency Coordinating Council on Pre- (c) TECHNICAL AND CONFORMING AMEND- year that is submitted to Congress by the
paredness and Individuals with Disabilities MENTS.—The table of contents in section 1(b) President under section 1105(a) of title 31,
established under Executive Order 13347 (6 of the Homeland Security Act of 2002 (Public United States Code.
U.S.C. 314 note; relating to individuals with Law 107–296; 116 Stat. 2135) is amended by ‘‘(5) The term ‘covered facility or asset’
disabilities in emergency preparedness), striking the item relating to section 513 (6 means any facility or asset that—
other agencies of the Federal Government, U.S.C. 321b) and inserting the following: ‘‘(A) is identified as high-risk and a poten-
and State, local, and tribal government au- ‘‘Sec. 513. Office of Civil Rights and Inclu- tial target for unlawful unmanned aircraft or
thorities relating to the needs of individuals sion.’’. unmanned aircraft system activity by the
with disabilities in emergency planning re- (d) COVID–19 RESPONSE.— Secretary or the Attorney General, or by the
quirements and relief efforts in the event of (1) IN GENERAL.—During the period of time chief executive of the jurisdiction in which a
a natural disaster, act of terrorism, or other for which there is a major disaster or emer- State, local, Tribal, or territorial law en-
man-made disaster; gency declared by the President under sec- forcement agency designated pursuant to
‘‘(C) consulting with stakeholders that rep- tion 401 or 501, respectively, of the Robert T. subsection (d)(2) operates after review and
resent the interests and rights of individuals Stafford Disaster Relief and Emergency As- approval of the Secretary or the Attorney
with disabilities about the needs of individ- sistance Act (42 U.S.C. 5170, 5191) declared General, in coordination with the Secretary
uals with disabilities in emergency planning with respect to COVID–19, the Director of the of Transportation with respect to potentially
requirements and relief efforts in the event Office of Civil Rights and Inclusion shall reg- impacted airspace, through a risk-based as-
of a natural disaster, act of terrorism, or ularly consult with State, local, territorial, sessment for purposes of this section (except
other man-made disaster; and Tribal government officials and commu- that in the case of the missions described in
‘‘(D) ensuring the coordination and dis- nity-based organizations from underserved clauses (i)(II) and (iii)(I) of subparagraph (C),
semination of best practices and model evac- communities the Office of Civil Rights and such missions shall be presumed to be for the
uation plans and sheltering for individuals Inclusion identifies as disproportionately protection of a facility or asset that is as-
with disabilities; impacted by COVID–19. sessed to be high-risk and a potential target
‘‘(E) ensuring the development of training (2) FACA APPLICABILITY.—The Federal Ad- for unlawful unmanned aircraft or unmanned
materials and a curriculum for training visory Committee Act (5 U.S.C. App.) shall aircraft system activity);
emergency response providers, State, local, not apply to any consultation conducted ‘‘(B) is located in the United States; and
and tribal government officials, and others under paragraph (1). ‘‘(C) directly relates to 1 or more—
on the needs of individuals with disabilities; --- ‘‘(i) missions authorized to be performed by
‘‘(F) promoting the accessibility of tele- SA 6054. Mr. PETERS (for himself, the Department, consistent with governing
phone hotlines and websites relating to Mr. JOHNSON, and Mr. PORTMAN) sub- statutes, regulations, and orders issued by
emergency preparedness, evacuations, and the Secretary, pertaining to—
mitted an amendment intended to be
disaster relief; ‘‘(I) security or protection functions of the
‘‘(G) working to ensure that video pro- proposed to amendment SA 5499 sub-
U.S. Customs and Border Protection, includ-
gramming distributors, including broad- mitted by Mr. REED (for himself and
ing securing or protecting facilities, aircraft,
casters, cable operators, and satellite tele- Mr. INHOFE) and intended to be pro- and vessels, whether moored or underway;
vision services, make emergency informa- posed to the bill H.R. 7900, to authorize ‘‘(II) United States Secret Service protec-
tion accessible to individuals with hearing appropriations for fiscal year 2023 for tion operations pursuant to sections 3056(a)
and vision disabilities; military activities of the Department and 3056A(a) of title 18, United States Code,
‘‘(H) providing guidance to State, local, of Defense, for military construction, and the Presidential Protection Assistance
and tribal government officials and other in- Act of 1976 (18 U.S.C. 3056 note);
and for defense activities of the De-
dividuals, and implementing policies, relat- ‘‘(III) protection of facilities pursuant to
ing to the availability of accessible transpor- partment of Energy, to prescribe mili-
section 1315(a) of title 40, United States
tation options for individuals with disabil- tary personnel strengths for such fiscal
Code;
ities in the event of an evacuation; year, and for other purposes; which was ‘‘(IV) transportation security functions of
‘‘(I) providing guidance and implementing ordered to lie on the table; as follows: the Transportation Security Administration;
policies to external stakeholders to ensure At the appropriate place, insert the fol- or
that the rights and wishes of individuals lowing: ‘‘(V) the security or protection functions
with disabilities regarding post-evacuation SEC. ll. SAFEGUARDING THE HOMELAND FROM for facilities, assets, and operations of Home-
residency and relocation are respected; THE THREATS POSED BY UNMANNED land Security Investigations;
‘‘(J) ensuring that meeting the needs of in- AIRCRAFT SYSTEMS. ‘‘(ii) missions authorized to be performed
dividuals with disabilities is a component of (a) SHORT TITLE.—This section may be by the Department of Justice, consistent
the national preparedness system established cited as the ‘‘Safeguarding the Homeland with governing statutes, regulations, and or-
under section 644 of the Post-Katrina Emer- from the Threats Posed by Unmanned Air- ders issued by the Attorney General, per-
gency Management Reform Act of 2006 (6 craft Systems Act of 2022’’. taining to—
U.S.C. 744); (b) DEPARTMENT OF HOMELAND SECURITY ‘‘(I) personal protection operations by—
‘‘(K) coordinate technical assistance for AND DEPARTMENT OF JUSTICE UNMANNED AIR- ‘‘(aa) the Federal Bureau of Investigation
Agency programs based on input from under- CRAFT SYSTEM DETECTION AND MITIGATION as specified in section 533 of title 28, United
served communities through a designee of ENFORCEMENT AUTHORITY.—Subtitle A of States Code; or
the Director; and title II of the Homeland Security Act of 2002 ‘‘(bb) the United States Marshals Service
‘‘(L) any other duties assigned by the Di- (6 U.S.C. 121 et seq.) is amended by striking as specified in section 566 of title 28, United
rector. section 210G (6 U.S.C. 124n) and inserting the States Code;
‘‘(h) REPORTS.— following: ‘‘(II) protection of penal, detention, and
‘‘(1) IN GENERAL.—Not later than 1 year ‘‘SEC. 210G. PROTECTION OF CERTAIN FACILI- correctional facilities and operations con-
after the date of enactment of the Achieving TIES AND ASSETS FROM UNMANNED ducted by the Federal Bureau of Prisons and
Fairness in Disaster Response, Recovery, and AIRCRAFT. prisoner operations and transport conducted
Resilience Act of 2022, and biennially there- ‘‘(a) DEFINITIONS.—In this section: by the United States Marshals Service;
after, the Administrator shall submit to the ‘‘(1) The term ‘air navigation facility’ has ‘‘(III) protection of the buildings and
appropriate committees of Congress a report the meaning given the term in section grounds leased, owned, or operated by or for
describing the activities carried out under 40102(a)(4) of title 49, United States Code. the Department of Justice, and the provision
this section during the period for which the ‘‘(2) The term ‘airport’ has the meaning of security for Federal courts, as specified in
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report is being prepared. given the term in section 47102(2) of title 49, section 566 of title 28, United States Code; or
‘‘(2) CONTENTS.—Each report submitted United Sates Code. ‘‘(IV) protection of an airport or air navi-
under paragraph (1) shall include— ‘‘(3) The term ‘appropriate committees of gation facility;
‘‘(A) a narrative on activities conducted by Congress’ means— ‘‘(iii) missions authorized to be performed
the Office; ‘‘(A) the Committee on Homeland Security by the Department or the Department of
‘‘(B) the results of the measures developed and Governmental Affairs, the Committee on Justice, acting together or separately, con-
to evaluate the effectiveness of activities Commerce, Science, and Transportation, and sistent with governing statutes, regulations,
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5589
and orders issued by the Secretary or the At- ‘‘(B) To qualify for use of the authorities ‘‘(H) Civil rights and civil liberties guaran-
torney General, respectively, pertaining to— described in subsection (b) or (c), respec- teed by the First and Fourth Amendments to
‘‘(I) protection of a National Special Secu- tively, a contractor conducting operations the Constitution of the United States.
rity Event and Special Event Assessment described in those subsections must— ‘‘(11) The terms ‘unmanned aircraft’ and
Rating event; ‘‘(i) be directly contracted by the Depart- ‘unmanned aircraft system’ have the mean-
‘‘(II) the provision of support to a State, ment or the Department of Justice; ings given those terms in section 44801 of
local, Tribal, or territorial law enforcement ‘‘(ii) operate at a government-owned or title 49, United States Code.
agency, upon request of the chief executive government-leased facility or asset; ‘‘(b) AUTHORITY OF THE DEPARTMENT OF
officer of the State or territory, to ensure ‘‘(iii) not conduct inherently governmental HOMELAND SECURITY AND DEPARTMENT OF
protection of people and property at mass functions; JUSTICE.—Notwithstanding section 46502 of
gatherings, that is limited to a specified du- ‘‘(iv) be trained to safeguard privacy and title 49, United States Code, or sections 32,
ration and location, within available re- civil liberties; and 1030, 1367, and chapters 119 and 206 of title 18,
sources, and without delegating any author- ‘‘(v) be trained and certified by the Depart- United States Code, the Secretary and the
ity under this section to State, local, Tribal, ment or the Department of Justice to meet Attorney General may, for their respective
or territorial law enforcement; Departments, take, and may authorize per-
the established guidance and regulations of
‘‘(III) protection of an active Federal law sonnel with assigned duties that include the
the Department or the Department of Jus-
enforcement investigation, emergency re- safety, security, or protection of people, fa-
tice, respectively.
sponse, or security function, that is limited cilities, or assets to take, actions described
‘‘(C) For purposes of subsection (c)(1), the in subsection (e)(2) that are necessary to de-
to a specified duration and location; or
term ‘personnel’ includes any officer, em- tect, identify, monitor, track, and mitigate a
‘‘(IV) the provision of security or protec-
ployee, or contractor who is authorized to credible threat (as defined by the Secretary
tion support to critical infrastructure own-
perform duties that include the safety, secu- and the Attorney General, in consultation
ers or operators, for static critical infra-
rity, or protection of people, facilities, or as- with the Secretary of Transportation
structure facilities and assets upon the re-
sets, of— through the Administrator of the Federal
quest of the owner or operator;
‘‘(i) a State, local, Tribal, or territorial law Aviation Administration) that an unmanned
‘‘(iv) missions authorized to be performed
by the United States Coast Guard, including enforcement agency; and aircraft system or unmanned aircraft poses
those described in clause (iii) as directed by ‘‘(ii) an owner or operator of an airport or to the safety or security of a covered facility
the Secretary, and as further set forth in critical infrastructure. or asset.
section 528 of title 14, United States Code, ‘‘(10) The term ‘risk-based assessment’ ‘‘(c) ADDITIONAL LIMITED AUTHORITY FOR
and consistent with governing statutes, reg- means an evaluation of threat information DETECTION, IDENTIFICATION, MONITORING, AND
ulations, and orders issued by the Secretary specific to a covered facility or asset and, TRACKING.—
of the Department in which the Coast Guard with respect to potential impacts on the ‘‘(1) IN GENERAL.—Subject to paragraphs (2)
is operating; and safety and efficiency of the national airspace and (3), and notwithstanding sections 1030
‘‘(v) responsibilities of State, local, Tribal, system and the needs of law enforcement and and 1367 and chapters 119 and 206 of title 18,
and territorial law enforcement agencies national security at each covered facility or United States Code, any State, local, Tribal,
designated pursuant to subsection (d)(2) per- asset identified by the Secretary or the At- or territorial law enforcement agency, the
taining to— torney General, respectively, of each of the Department of Justice, the Department, and
‘‘(I) protection of National Special Secu- following factors: any owner or operator of an airport or crit-
rity Event and Special Event Assessment ‘‘(A) Potential impacts to safety, effi- ical infrastructure may authorize personnel,
Rating events or other mass gatherings in ciency, and use of the national airspace sys- with assigned duties that include the safety,
the jurisdiction of the State, local, Tribal, or tem, including potential effects on manned security, or protection of people, facilities,
territorial law enforcement agency; aircraft and unmanned aircraft systems or or assets, to use equipment authorized under
‘‘(II) protection of critical infrastructure unmanned aircraft, aviation safety, airport this subsection to take actions described in
assessed by the Secretary as high-risk for operations, infrastructure, and air naviga- subsection (e)(1) that are necessary to de-
unmanned aircraft systems or unmanned air- tion services relating to the use of any sys- tect, identify, monitor, or track an un-
craft attack or disruption, including airports tem or technology for carrying out the ac- manned aircraft system or unmanned air-
in the jurisdiction of the State, local, Tribal, tions described in subsection (e)(2). craft within the respective areas of responsi-
or territorial law enforcement agency; ‘‘(B) Options for mitigating any identified bility or jurisdiction of the authorized per-
‘‘(III) protection of government buildings, impacts to the national airspace system re- sonnel.
assets, or facilities in the jurisdiction of the lating to the use of any system or tech- ‘‘(2) AUTHORIZED EQUIPMENT.—Equipment
State, local, Tribal, or territorial law en- nology, including minimizing, when possible, authorized for unmanned aircraft system de-
forcement agency; or the use of any technology that disrupts the tection, identification, monitoring, or track-
‘‘(IV) protection of disaster response in the transmission of radio or electronic signals, ing under this subsection shall be limited to
jurisdiction of the State, local, Tribal, or for carrying out the actions described in sub- systems or technologies—
territorial law enforcement agency. section (e)(2). ‘‘(A) tested and evaluated by the Depart-
‘‘(6) The term ‘critical infrastructure’ has ‘‘(C) Potential consequences of the impacts ment or the Department of Justice, includ-
the meaning given the term in section 1016(e) of any actions taken under subsection (e)(2) ing evaluation of any potential counterintel-
of the Critical Infrastructure Protection Act to the national airspace system and infra- ligence or cybersecurity risks;
of 2001 (42 U.S.C. 5195c(e)). structure if not mitigated. ‘‘(B) that are annually reevaluated for any
‘‘(7) The terms ‘electronic communication’, ‘‘(D) The ability to provide reasonable ad- changes in risks, including counterintel-
‘intercept’, ‘oral communication’, and ‘wire vance notice to aircraft operators consistent ligence and cybersecurity risks;
communication’ have the meanings given with the safety of the national airspace sys- ‘‘(C) determined by the Federal Commu-
those terms in section 2510 of title 18, United tem and the needs of law enforcement and nications Commission and the National Tele-
States Code. national security. communications and Information Adminis-
‘‘(8) The term ‘homeland security or jus- ‘‘(E) The setting and character of any cov- tration not to adversely impact the use of
tice budget materials’, with respect to a fis- ered facility or asset, including— the communications spectrum;
cal year, means the materials submitted to ‘‘(i) whether the covered facility or asset is ‘‘(D) determined by the Federal Aviation
Congress by the Secretary and the Attorney located in a populated area or near other Administration not to adversely impact the
General in support of the budget for that fis- structures; use of the aviation spectrum or otherwise ad-
cal year. ‘‘(ii) whether the covered facility or asset versely impact the national airspace system;
‘‘(9)(A) The term ‘personnel’ means— is open to the public; and
‘‘(i) an officer, employee, or contractor of ‘‘(iii) whether the covered facility or asset ‘‘(E) that are included on a list of author-
the Department or the Department of Jus- is used for nongovernmental functions; and ized equipment maintained by the Depart-
tice, who is authorized to perform duties ‘‘(iv) any potential for interference with ment, in coordination with the Department
that include safety, security, or protection wireless communications or for injury or of Justice, the Federal Aviation Administra-
of people, facilities, or assets; or damage to persons or property. tion, the Federal Communications Commis-
‘‘(ii) an employee who— ‘‘(F) The setting, character, duration, and sion, and the National Telecommunications
‘‘(I) is authorized to perform law enforce- national airspace system impacts of Na- and Information Administration.
ment and security functions on behalf of a tional Special Security Event and Special ‘‘(3) STATE, LOCAL, TRIBAL, AND TERRI-
State, local, Tribal, or territorial law en- Event Assessment Rating events, to the ex- TORIAL COMPLIANCE.—Each State, local, Trib-
forcement agency designated under sub- tent not already discussed in the National al, or territorial law enforcement agency or
dlhill on DSK120RN23PROD with SENATE
section (d)(2); and Special Security Event and Special Event owner or operator of an airport or critical in-
‘‘(II) is trained and certified to perform Assessment Rating nomination process. frastructure acting pursuant to this sub-
those duties, including training specific to ‘‘(G) Potential consequences to national section shall—
countering unmanned aircraft threats and security, public safety, or law enforcement if ‘‘(A) prior to any such action, issue a writ-
mitigating risks in the national airspace, in- threats posed by unmanned aircraft systems ten policy certifying compliance with the
cluding with respect to protecting privacy or unmanned aircraft are not mitigated or privacy protections of subparagraphs (A)
and civil liberties. defeated. through (D) of subsection (j)(2);
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S5590 CONGRESSIONAL RECORD — SENATE September 29, 2022
‘‘(B) certify compliance with such policy to shall terminate after the 5-year period begin- ‘‘(7) RESTRICTIONS.—Any entity acting pur-
the Secretary and the Attorney General an- ning on the date that is 180 days after the suant to the authorities granted under this
nually, and immediately notify the Sec- date of enactment of the Safeguarding the subsection—
retary and Attorney General of any non- Homeland from the Threats Posed by Un- ‘‘(A) may do so only using equipment au-
compliance with such policy or the privacy manned Aircraft Systems Act of 2022. thorized by the Department, in coordination
protections of subparagraphs (A) through (D) ‘‘(B) AUTHORITY OF PILOT PROGRAM AGEN- with the Department of Justice, the Federal
of subsection (j)(2); and CIES.—The authority of an agency designated Communications Commission, the National
‘‘(C) comply with any additional guidance under the pilot program established under Telecommunications and Information Ad-
issued by the Secretary or the Attorney Gen- this subsection to exercise any of the au- ministration, and the Department of Trans-
eral relating to implementation of this sub- thorities granted under the pilot program portation (through the Federal Aviation Ad-
section. shall terminate not later than 6 years after ministration) according to the criteria de-
‘‘(4) PROHIBITION.—Nothing in this sub- the date that is 180 days after the date of en- scribed in subsection (c)(2);
section shall be construed to authorize the actment of the Safeguarding the Homeland ‘‘(B) shall, prior to any such action, issue
taking of any action described in subsection from the Threats Posed by Unmanned Air- a written policy certifying compliance with
(e) other than the actions described in para- craft Systems Act of 2022, or upon revocation the privacy protections of subparagraphs (A)
graph (1) of that subsection. pursuant to paragraph (2)(B)(ii). through (D) of subsection (j)(2);
‘‘(d) PILOT PROGRAM FOR STATE, LOCAL, ‘‘(4) AUTHORIZATION.—Notwithstanding sec- ‘‘(C) shall ensure that all personnel under-
TRIBAL, AND TERRITORIAL LAW ENFORCE- tion 46502 of title 49, United States Code, or taking any actions listed under this sub-
MENT.— sections 32, 1030, 1367 and chapters 119 and 206 section are properly trained in accordance
‘‘(1) IN GENERAL.—The Secretary and the of title 18, United States Code, any State, with the criteria that the Secretary and At-
Attorney General may carry out a pilot pro- local, Tribal, or territorial law enforcement torney General shall collectively establish,
gram to evaluate the potential benefits of agency designated pursuant to paragraph (2) in consultation with the Secretary of Trans-
State, local, Tribal, and territorial law en- may authorize personnel with assigned du- portation, the Administrator of the Federal
forcement agencies taking actions that are ties that include the safety, security, or pro- Aviation Administration, the Chair of the
necessary to mitigate a credible threat (as tection of people, facilities, or assets to take Federal Communications Commission, the
defined by the Secretary and the Attorney such actions as are described in subsection Assistant Secretary of Commerce for Com-
General, in consultation with the Secretary (e)(2) that are necessary to detect, identify, munications and Information, and the Ad-
of Transportation through the Adminis- monitor, track, or mitigate a credible threat ministrator of the National Telecommuni-
trator of the Federal Aviation Administra- (as defined by the Secretary and the Attor- cations and Information Administration; and
tion) that an unmanned aircraft system or ney General, in consultation with the Sec- ‘‘(D) shall comply with any additional
unmanned aircraft poses to the safety or se- retary of Transportation, through the Ad- guidance relating to compliance with this
curity of a covered facility or asset. ministrator of the Federal Aviation Admin- subsection issued by the Secretary or Attor-
‘‘(2) DESIGNATION.— istration) that an unmanned aircraft system ney General.
‘‘(A) IN GENERAL.—The Secretary or the or unmanned aircraft poses to the safety or ‘‘(e) ACTIONS DESCRIBED.—
Attorney General, with the concurrence of security of a covered facility or asset under ‘‘(1) IN GENERAL.—The actions authorized
the Secretary of Transportation (through subsection (a)(5)(C)(v). under subsection (c) that may be taken by a
the Administrator of the Federal Aviation ‘‘(5) EXEMPTION.— State, local, Tribal, or territorial law en-
Administration), may, under the pilot pro- ‘‘(A) IN GENERAL.—Subject to subparagraph forcement agency, the Department, the De-
gram established under paragraph (1), des- (B), the Chair of the Federal Communica- partment of Justice, and any owner or oper-
ignate 1 or more State, local, Tribal, or ter- tions Commission, in consultation with the ator of an airport or critical infrastructure,
ritorial law enforcement agencies approved Administrator of the National Telecommuni- are limited to actions during the operation
by the respective chief executive officer of cations and Information Administration, of an unmanned aircraft system, to detect,
the State, local, Tribal, or territorial law en- shall implement a process for considering identify, monitor, and track the unmanned
forcement agency to engage in the activities the exemption of 1 or more law enforcement aircraft system or unmanned aircraft, with-
authorized in paragraph (4) under the direct agencies designated under paragraph (2), or out prior consent, including by means of
oversight of the Department or the Depart- any station operated by the agency, from intercept or other access of a wire commu-
ment of Justice, in carrying out the respon- any provision of title III of the Communica- nication, an oral communication, or an elec-
sibilities authorized under subsection tions Act of 1934 (47 U.S.C. 151 et seq.) to the tronic communication used to control the
(a)(5)(C)(v). extent that the designated law enforcement unmanned aircraft system or unmanned air-
‘‘(B) DESIGNATION PROCESS.— agency takes such actions as are described in craft.
‘‘(i) NUMBER OF AGENCIES AND DURATION.— subsection (e)(2) and may establish condi- ‘‘(2) CLARIFICATION.—The actions author-
On and after the date that is 180 days after tions or requirements for such exemption. ized in subsections (b) and (d)(4) are the fol-
the date of enactment of the Safeguarding ‘‘(B) REQUIREMENTS.—The Chair of the Fed- lowing:
the Homeland from the Threats Posed by Un- eral Communications Commission, in con- ‘‘(A) During the operation of the unmanned
manned Aircraft Systems Act of 2022, the sultation with the Administrator of the Na- aircraft system or unmanned aircraft, de-
Secretary and the Attorney General, pursu- tional Telecommunications and Information tect, identify, monitor, and track the un-
ant to subparagraph (A), may designate a Administration, may grant an exemption manned aircraft system or unmanned air-
combined total of not more than 12 State, under subparagraph (A) only if the Chair of craft, without prior consent, including by
local, Tribal, and territorial law enforce- the Federal Communications Commission in means of intercept or other access of a wire
ment agencies for participation in the pilot consultation with the Administrator of the communication, an oral communication, or
program, and may designate 12 additional National Telecommunications and Informa- an electronic communication used to control
State, local, Tribal, and territorial law en- tion Administration finds that the grant of the unmanned aircraft system or unmanned
forcement agencies each year thereafter, an exemption— aircraft.
provided that not more than 60 State, local, ‘‘(i) is necessary to achieve the purposes of ‘‘(B) Warn the operator of the unmanned
Tribal, and territorial law enforcement agen- this subsection; and aircraft system or unmanned aircraft, in-
cies in total may be designated during the 5- ‘‘(ii) will serve the public interest. cluding by passive or active, and direct or in-
year period of the pilot program. ‘‘(C) REVOCATION.—Any exemption granted direct, physical, electronic, radio, and elec-
‘‘(ii) REVOCATION.—The Secretary and the under subparagraph (A) shall terminate tromagnetic means.
Attorney General, in consultation with the automatically if the designation granted to ‘‘(C) Disrupt control of the unmanned air-
Secretary of Transportation (through the the law enforcement agency under paragraph craft system or unmanned aircraft, without
Administrator of the Federal Aviation Ad- (2)(A) is revoked by the Secretary or the At- prior consent of the operator of the un-
ministration)— torney General under paragraph (2)(B)(ii) or manned aircraft system or unmanned air-
‘‘(I) may revoke a designation under sub- is terminated under paragraph (3)(B). craft, including by disabling the unmanned
paragraph (A) if the Secretary, Attorney ‘‘(6) REPORTING.—Not later than 2 years aircraft system or unmanned aircraft by
General, and Secretary of Transportation after the date on which the first law enforce- intercepting, interfering, or causing inter-
(through the Administrator of the Federal ment agency is designated under paragraph ference with wire, oral, electronic, or radio
Aviation Administration) concur in the rev- (2), and annually thereafter for the duration communications used to control the un-
ocation; and of the pilot program, the Secretary and the manned aircraft system or unmanned air-
‘‘(II) shall revoke a designation under sub- Attorney General shall inform the appro- craft.
paragraph (A) if the Secretary, the Attorney priate committees of Congress in writing of ‘‘(D) Seize or exercise control of the un-
General, or the Secretary of Transportation the use by any State, local, Tribal, or terri- manned aircraft system or unmanned air-
dlhill on DSK120RN23PROD with SENATE
(through the Administrator of the Federal torial law enforcement agency of any au- craft.
Aviation Administration) withdraws concur- thority granted pursuant to paragraph (4), ‘‘(E) Seize or otherwise confiscate the un-
rence. including a description of any privacy or manned aircraft system or unmanned air-
‘‘(3) TERMINATION OF PILOT PROGRAM.— civil liberties complaints known to the Sec- craft.
‘‘(A) DESIGNATION.—The authority to des- retary or Attorney General in connection ‘‘(F) Use reasonable force, if necessary, to
ignate an agency for inclusion in the pilot with the use of that authority by the des- disable, damage, or destroy the unmanned
program established under this subsection ignated agencies. aircraft system or unmanned aircraft.
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5591
‘‘(f) RESEARCH, TESTING, TRAINING, AND ‘‘(1) IN GENERAL.—The Secretary and the ‘‘(1) IN GENERAL.—Any regulation or guid-
EVALUATION.— Attorney General shall coordinate with the ance issued to carry out an action under sub-
‘‘(1) REQUIREMENT.— Administrator of the Federal Aviation Ad- section (e) by the Secretary or the Attorney
‘‘(A) IN GENERAL.—Notwithstanding section ministration before carrying out any action General, respectively, shall ensure for the
46502 of title 49, United States Code, or any authorized under this section in order that Department or the Department of Justice,
provision of title 18, United States Code, the the Administrator may ensure the action respectively, that—
Secretary, the Attorney General, and the does not adversely impact or interfere with— ‘‘(A) the interception of, acquisition of, ac-
heads of the State, local, Tribal, or terri- ‘‘(A) safe airport operations; cess to, maintenance of, or use of any com-
torial law enforcement agencies designated ‘‘(B) navigation; munication to or from an unmanned aircraft
pursuant to subsection (d)(2) shall conduct ‘‘(C) air traffic services; or system or unmanned aircraft under this sec-
research, testing, training on, and evalua- ‘‘(D) the safe and efficient operation of the tion is conducted in a manner consistent
tion of any equipment, including any elec- national airspace system. with the First and Fourth Amendments to
tronic equipment, to determine the capa- ‘‘(2) GUIDANCE.—Before issuing any guid- the Constitution of the United States and
bility and utility of the equipment prior to ance, or otherwise implementing this sec- any applicable provision of Federal law;
the use of the equipment in carrying out any tion, the Secretary or the Attorney General ‘‘(B) any communication to or from an un-
action described in subsection (e). shall, respectively, coordinate with— manned aircraft system or unmanned air-
‘‘(B) COORDINATION.—Personnel and con- ‘‘(A) the Secretary of Transportation in craft are intercepted or acquired only to the
tractors who do not have duties that include order that the Secretary of Transportation extent necessary to support an action de-
the safety, security, or protection of people, may ensure the guidance or implementation scribed in subsection (e);
facilities, or assets may engage in research, does not adversely impact or interfere with ‘‘(C) any record of a communication de-
testing, training, and evaluation activities any critical infrastructure relating to trans- scribed in subparagraph (B) is maintained
pursuant to subparagraph (A). portation; and only for as long as necessary, and in no event
‘‘(2) TRAINING OF FEDERAL, STATE, LOCAL, ‘‘(B) the Administrator of the Federal for more than 180 days, unless the Secretary
TERRITORIAL, AND TRIBAL LAW ENFORCEMENT Aviation Administration in order that the or the Attorney General, as applicable, de-
PERSONNEL.—The Attorney General, through Administrator may ensure the guidance or termines that maintenance of the record is—
the Director of the Federal Bureau of Inves- implementation does not adversely impact ‘‘(i) required under Federal law;
tigation, may— or interfere with— ‘‘(ii) necessary for the purpose of litiga-
‘‘(A) provide training relating to measures ‘‘(i) safe airport operations; tion; and
to mitigate a credible threat that an un- ‘‘(ii) navigation; ‘‘(iii) necessary to investigate or prosecute
manned aircraft or unmanned aircraft sys- ‘‘(iii) air traffic services; or a violation of law, including by—
tem poses to the safety or security of a cov- ‘‘(iv) the safe and efficient operation of the ‘‘(I) directly supporting an ongoing secu-
ered facility or asset to any personnel who national airspace system. rity operation; or
are authorized to take such measures, in- ‘‘(3) COORDINATION WITH THE FAA.—The Sec- ‘‘(II) protecting against dangerous or unau-
cluding personnel authorized to take the ac- retary and the Attorney General shall co- thorized activity by unmanned aircraft sys-
tions described in subsection (e); and ordinate the development of their respective tems or unmanned aircraft; and
‘‘(B) establish or designate 1 or more facili- guidance under subsection (h) with the Sec- ‘‘(D) a communication described in sub-
ties or training centers for the purpose de- retary of Transportation (through the Ad- paragraph (B) is not disclosed to any person
scribed in subparagraph (A). ministrator of the Federal Aviation Admin- not employed or contracted by the Depart-
‘‘(3) COORDINATION FOR RESEARCH, TESTING, istration). ment or the Department of Justice unless
TRAINING, AND EVALUATION.— ‘‘(4) COORDINATION WITH THE DEPARTMENT the disclosure—
‘‘(A) IN GENERAL.—The Secretary, the At- OF TRANSPORTATION AND NATIONAL TELE- ‘‘(i) is necessary to investigate or pros-
torney General, and the heads of the State, COMMUNICATIONS AND INFORMATION ADMINIS- ecute a violation of law;
local, Tribal, or territorial law enforcement TRATION.—The Secretary and the Attorney ‘‘(ii) will support—
agencies designated pursuant to subsection General, and the heads of any State, local, ‘‘(I) the Department of Defense;
(d)(2) shall coordinate procedures governing Tribal, or territorial law enforcement agen- ‘‘(II) a Federal law enforcement, intel-
research, testing, training, and evaluation to cies designated pursuant to subsection (d)(2), ligence, or security agency;
carry out any provision under this sub- through the Secretary and the Attorney ‘‘(III) a State, local, Tribal, or territorial
section with the Administrator of the Fed- General, shall coordinate the development law enforcement agency; or
eral Aviation Administration before initi- for their respective departments or agencies ‘‘(IV) another relevant entity or person if
ating such activity in order that the Admin- of the actions described in subsection (e) the entity or person is engaged in a security
istrator of the Federal Aviation Administra- with the Secretary of Transportation or protection operation;
tion may ensure the activity does not ad- (through the Administrator of the Federal ‘‘(iii) is necessary to support a department
versely impact or interfere with safe airport Aviation Administration), the Assistant Sec- or agency listed in clause (ii) in inves-
operations, navigation, air traffic services, retary of Commerce for Communications and tigating or prosecuting a violation of law;
or the safe and efficient operation of the na- Information, and the Administrator of the ‘‘(iv) will support the enforcement activi-
tional airspace system. National Telecommunications and Informa- ties of a Federal regulatory agency relating
‘‘(B) ADDITIONAL REQUIREMENT.—Each head tion Administration. to a criminal or civil investigation of, or any
of a State, local, Tribal, or territorial law ‘‘(5) STATE, LOCAL, TRIBAL, AND TERRI- regulatory, statutory, or other enforcement
enforcement agency designated pursuant to TORIAL IMPLEMENTATION.—Prior to taking action relating to, an action described in
subsection (d)(2) shall coordinate the proce- any action authorized under subsection subsection (e);
dures governing research, testing, training, (d)(4), each head of a State, local, Tribal, or ‘‘(v) is between the Department and the
and evaluation of the law enforcement agen- territorial law enforcement agency des- Department of Justice in the course of a se-
cy through the Secretary and the Attorney ignated under subsection (d)(2) shall coordi- curity or protection operation of either de-
General, in coordination with the Federal nate, through the Secretary and the Attor- partment or a joint operation of those de-
Aviation Administration. ney General— partments; or
‘‘(g) FORFEITURE.—Any unmanned aircraft ‘‘(A) with the Secretary of Transportation ‘‘(vi) is otherwise required by law.
system or unmanned aircraft that is lawfully in order that the Administrators of non-avia- ‘‘(2) LOCAL PRIVACY PROTECTION.—In exer-
seized by the Secretary or the Attorney Gen- tion modes of the Department of Transpor- cising any authority described in subsection
eral pursuant to subsection (b) is subject to tation may evaluate whether the action may (c) or (d), a State, local, Tribal, or territorial
forfeiture to the United States pursuant to have adverse impacts on critical infrastruc- law enforcement agency designated under
the provisions of chapter 46 of title 18, ture relating to non-aviation transportation; subsection (d)(2) or owner or operator of an
United States Code. ‘‘(B) with the Administrator of the Federal airport or critical infrastructure shall ensure
‘‘(h) REGULATIONS AND GUIDANCE.—The Aviation Administration in order that the that—
Secretary, the Attorney General, and the Administrator may ensure the action will ‘‘(A) the interception of, acquisition of, ac-
Secretary of Transportation— have no adverse impact, or will not, interfere cess to, maintenance of, or use of commu-
‘‘(1) may prescribe regulations and shall with— nications to or from an unmanned aircraft
issue guidance in the respective areas of each ‘‘(i) safe airport operations; system or unmanned aircraft under this sec-
Secretary or the Attorney General to carry ‘‘(ii) navigation; tion is conducted in a manner consistent
out this section; and ‘‘(iii) air traffic services; or with—
‘‘(2) in developing regulations and guidance ‘‘(iv) the safe and efficient operation of the ‘‘(i) the First and Fourth Amendments to
dlhill on DSK120RN23PROD with SENATE
described in subparagraph (A), consult the national airspace system; and the Constitution of the United States; and
Chair of the Federal Communications Com- ‘‘(C) to allow the Department and the De- ‘‘(ii) applicable provisions of Federal, and
mission, the Administrator of the National partment of Justice to ensure that any ac- where required, State, local, Tribal, and ter-
Telecommunications and Information Ad- tion authorized by this section is consistent ritorial law;
ministration, and the Administrator of the with Federal law enforcement or in the in- ‘‘(B) any communication to or from an un-
Federal Aviation Administration. terest of national security. manned aircraft system or unmanned air-
‘‘(i) COORDINATION.— ‘‘(j) PRIVACY PROTECTION.— craft is intercepted or acquired only to the
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S5592 CONGRESSIONAL RECORD — SENATE September 29, 2022
extent necessary to support an action de- or requiring disclosure of the information de- cluding any instances that may have re-
scribed in subsection (e); scribed in paragraph (1). sulted in harm, damage, or loss to a person
‘‘(C) any record of a communication de- ‘‘(B) ACCESS.—Any request for public ac- or to private property;
scribed in subparagraph (B) is maintained cess to information described in paragraph ‘‘(ii) the guidance, policies, or procedures
only for as long as necessary, and in no event (1) shall be submitted to the originating Fed- established by the Secretary or the Attorney
for more than 180 days, unless the Secretary, eral agency, which shall process the request General to address privacy, civil rights, and
the Attorney General, or the head of a State, as required under section 552(a)(3) of title 5, civil liberties issues implicated by the ac-
local, Tribal, or territorial law enforcement United States Code. tions permitted under this section, as well as
agency designated under subsection (d)(2) de- ‘‘(m) ASSISTANCE AND SUPPORT.— any changes or subsequent efforts by the
termines that maintenance of the record is— ‘‘(1) FACILITIES AND SERVICES OF OTHER Secretary or the Attorney General that
‘‘(i) required to be maintained under Fed- AGENCIES AND NON-FEDERAL ENTITIES.— would significantly affect privacy, civil
eral, State, local, Tribal, or territorial law; ‘‘(A) IN GENERAL.—The Secretary and the rights, or civil liberties;
‘‘(ii) necessary for the purpose of any liti- Attorney General are authorized to use or ‘‘(iii) options considered and steps taken
gation; or accept from any other Federal agency, or by the Secretary or the Attorney General to
‘‘(iii) necessary to investigate or prosecute any other public or private entity, any sup- mitigate any identified impacts to the na-
a violation of law, including by— ply or service to facilitate or carry out any tional airspace system relating to the use of
‘‘(I) directly supporting an ongoing secu- action described in subsection (e). any system or technology, including the
rity or protection operation; or ‘‘(B) REIMBURSEMENT.—In accordance with minimization of the use of any technology
‘‘(II) protecting against dangerous or unau- subparagraph (A), the Secretary and the At- that disrupts the transmission of radio or
thorized activity by an unmanned aircraft torney General may accept any supply or electronic signals, for carrying out the ac-
system or unmanned aircraft; and service with or without reimbursement to tions described in subsection (e)(2); and
‘‘(D) the communication is not disclosed the entity providing the supply or service ‘‘(iv) each instance in which a communica-
outside the agency or entity unless the dis- and notwithstanding any provision of law tion intercepted or acquired during the
closure— that would prevent the use or acceptance of course of operations of an unmanned aircraft
‘‘(i) is necessary to investigate or pros- the supply or service. system or unmanned aircraft was—
ecute a violation of law; ‘‘(C) AGREEMENTS.—To implement the re- ‘‘(I) held in the possession of the Depart-
‘‘(ii) would support the Department of De- quirements of subsection (a)(5)(C), the Sec- ment or the Department of Justice for more
fense, a Federal law enforcement, intel- retary or the Attorney General may enter than 180 days; or
ligence, or security agency, or a State, local, into 1 or more agreements with the head of ‘‘(II) shared with any entity other than the
Tribal, or territorial law enforcement agen- another executive agency or with an appro- Department or the Department of Justice;
cy; priate official of a non-Federal public or pri- ‘‘(C) an explanation of how the Secretary,
‘‘(iii) would support the enforcement ac- vate agency or entity, as may be necessary the Attorney General, and the Secretary of
tivities of a Federal regulatory agency in and proper to carry out the responsibilities Transportation have—
connection with a criminal or civil inves- of the Secretary and Attorney General under ‘‘(i) informed the public as to the possible
tigation of, or any regulatory, statutory, or this section. use of authorities granted under this section;
other enforcement action relating to, an ac- ‘‘(2) MUTUAL SUPPORT.— and
tion described in subsection (e); ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(ii) engaged with Federal, State, local,
‘‘(iv) is to the Department or the Depart- (B), the Secretary and the Attorney General Tribal, and territorial law enforcement agen-
ment of Justice in the course of a security or are authorized to provide support or assist- cies to implement and use authorities grant-
protection operation of either the Depart- ance, upon the request of a Federal agency ed under this section;
ment or the Department of Justice, or a or department conducting— ‘‘(D) an assessment of whether any gaps or
joint operation of the Department and De- ‘‘(i) a mission described in subsection insufficiencies remain in laws, regulations,
partment of Justice; or (a)(5)(C); and policies that impede the ability of the
‘‘(v) is otherwise required by law. ‘‘(ii) a mission described in section 130i of Federal Government or State, local, Tribal,
‘‘(k) BUDGET.— title 10, United States Code; or and territorial governments and owners or
‘‘(1) IN GENERAL.—The Secretary and the ‘‘(iii) a mission described in section 4510 of operators of critical infrastructure to
Attorney General shall submit to Congress, the Atomic Energy Defense Act (50 U.S.C. counter the threat posed by the malicious
as a part of the homeland security or justice 2661). use of unmanned aircraft systems and un-
budget materials for each fiscal year after ‘‘(B) REQUIREMENTS.—Any support or as- manned aircraft;
fiscal year 2023, a consolidated funding dis- sistance provided by the Secretary or the At- ‘‘(E) an assessment of efforts to integrate
play that identifies the funding source for torney General shall only be granted— unmanned aircraft system threat assess-
the actions described in subsection (e) within ‘‘(i) for the purpose of fulfilling the roles ments within National Special Security
the Department and the Department of Jus- and responsibilities of the Federal agency or Event and Special Event Assessment Rating
tice. department that made the request for the planning and protection efforts;
‘‘(2) CLASSIFICATION.—Each funding display mission for which the request was made; ‘‘(F) recommendations to remedy any gaps
submitted under paragraph (1) shall be in un- ‘‘(ii) when exigent circumstances exist; or insufficiencies described in subparagraph
classified form but may contain a classified ‘‘(iii) for a specified duration and location; (D), including recommendations relating to
annex. ‘‘(iv) within available resources; necessary changes in law, regulations, or
‘‘(l) PUBLIC DISCLOSURES.— ‘‘(v) on a non-reimbursable basis; and policies;
‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(vi) in coordination with the Adminis- ‘‘(G) a description of the impact of the au-
provision of State, local, Tribal, or terri- trator of the Federal Aviation Administra- thorities granted under this section on—
torial law, information shall be governed by tion. ‘‘(i) lawful operator access to national air-
the disclosure obligations set forth in sec- ‘‘(n) SEMIANNUAL BRIEFINGS AND NOTIFICA- space; and
tion 552 of title 5, United States Code (com- TIONS.— ‘‘(ii) unmanned aircraft systems and un-
monly known as the ‘Freedom of Informa- ‘‘(1) IN GENERAL.—On a semiannual basis manned aircraft integration into the na-
tion Act’), if the information relates to— beginning 180 days after the date of enact- tional airspace system; and
‘‘(A) any capability, limitation, or sen- ment of the Safeguarding the Homeland from ‘‘(H) a summary from the Secretary of any
sitive detail of the operation of any tech- the Threats Posed by Unmanned Aircraft data and results obtained pursuant to sub-
nology used to carry out an action described Systems Act of 2022, the Secretary and the section (r), including an assessment of—
in subsection (e)(1) of this section; or Attorney General shall, respectively, provide ‘‘(i) how the details of the incident were
‘‘(B) an operational procedure or protocol a briefing to the appropriate committees of obtained; and
used to carry out this section. Congress on the activities carried out pursu- ‘‘(ii) whether the operation involved a vio-
‘‘(2) STATE, LOCAL, TRIBAL, OR TERRITORIAL ant to this section. lation of Federal Aviation Administration
AGENCY USE.— ‘‘(2) REQUIREMENT.—The Secretary and the aviation regulations.
‘‘(A) CONTROL.—Information described in Attorney General each shall conduct the ‘‘(4) UNCLASSIFIED FORM.—Each briefing re-
paragraph (1) that is obtained by a State, briefing required under paragraph (1) jointly quired under paragraph (1) shall be in unclas-
local, Tribal, or territorial law enforcement with the Secretary of Transportation. sified form but may be accompanied by an
agency from a Federal agency under this sec- ‘‘(3) CONTENT.—Each briefing required additional classified briefing.
tion— under paragraph (1) shall include— ‘‘(5) NOTIFICATION.—
‘‘(i) shall remain subject to the control of ‘‘(A) policies, programs, and procedures to ‘‘(A) IN GENERAL.—Not later than 30 days
the Federal agency, notwithstanding that mitigate or eliminate impacts of activities after an authorized department, agency, or
dlhill on DSK120RN23PROD with SENATE
the State, local, Tribal, or territorial law en- carried out pursuant to this section to the owner or operator of an airport or critical in-
forcement agency has the information de- national airspace system and other critical frastructure deploys any new technology to
scribed in paragraph (1) in the possession of infrastructure relating to national transpor- carry out the actions described in subsection
the State, local, Tribal, or territorial law en- tation; (e), the Secretary and the Attorney General
forcement agency; and ‘‘(B) a description of— shall, respectively or jointly, as appropriate,
‘‘(ii) shall not be subject to any State, ‘‘(i) each instance in which any action de- submit a notification of the deployment to
local, Tribal, or territorial law authorizing scribed in subsection (e) has been taken, in- the appropriate committees of Congress.
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5593
‘‘(B) CONTENTS.—Each notification sub- develop policies, plans, and procedures for (D) such regulations as may be prescribed
mitted pursuant to subparagraph (A) shall the implementation of the database— by the Office of Foreign Assets Control of
include a description of options considered ‘‘(i) in coordination with the Attorney the Department of the Treasury;
to mitigate any identified impacts to the na- General, the Secretary of Defense, and the (4) disclose to the Secretary any relevant
tional airspace system relating to the use of Secretary of Transportation (through the communications between the offeror and rel-
any system or technology, including the Administrator of the Federal Aviation Ad- evant individuals, organizations, or govern-
minimization of the use of any technology ministration); and ments that directly or indirectly control
that disrupts the transmission of radio or ‘‘(ii) in consultation with State, local, physical access to the location at which the
electronic signals in carrying out the actions Tribal, and territorial law enforcement agen- contract is to be performed; and
described in subsection (e). cy representatives, including representatives (5) disclose to the Secretary any employees
‘‘(o) RULE OF CONSTRUCTION.—Nothing in of fusion centers. of, or consultants to, the offeror that worked
this section shall be construed to— ‘‘(B) REPORTING.—The policies, plans, and for the Department of Defense in any con-
‘‘(1) vest in the Secretary, the Attorney procedures developed under subparagraph (A) tracting or policymaking position during the
General, or any State, local, Tribal, or terri- shall include criteria for Federal, State, 10-year period before the offer.
torial law enforcement agency, authorized local, Tribal, and territorial reporting of un- (c) PROVISION OF FUEL AS A LOGISTICS
under subsection (c) or designated under sub- manned aircraft systems or unmanned air- SERVICE.—Section 880(c)(3) of the John S.
section (d)(2) any authority of the Secretary craft incidents. McCain National Defense Authorization Act
of Transportation or the Administrator of ‘‘(C) DATA RETENTION.—The policies, plans, for Fiscal Year 2019 (Public Law 115–232, 41
the Federal Aviation Administration; and procedures developed under subpara- U.S.C. 3701 note) is amended by inserting ‘‘,
graph (A) shall ensure that data on security- including bulk fuel supply and delivery,’’
‘‘(2) vest in the Secretary of Transpor-
related incidents in the United States in- after ‘‘logistics services’’.
tation, the Administrator of the Federal (d) REPORT REQUIRED.—Not later than 180
Aviation Administration, or any State, volving unmanned aircraft and unmanned
days after the award of a contract exceeding
local, Tribal, or territorial law enforcement aircraft systems that is retained as criminal $50,000,000 in value for the supply of fuel to
agency designated under subsection (d)(2) intelligence information is retained based on any location outside the United States in
any authority of the Secretary or the Attor- the reasonable suspicion standard, as per- which the United States is engaged in con-
ney General; mitted under part 23 of title 28, Code of Fed- tingency operations, the Inspector General
‘‘(3) vest in the Secretary any authority of eral Regulations.’’. of the Department of Defense shall submit to
the Attorney General; the congressional defense committees a re-
‘‘(4) vest in the Attorney General any au- SA 6055. Mr. CRUZ submitted an port including—
thority of the Secretary; or amendment intended to be proposed to (1) an assessment of the price per gallon for
‘‘(5) provide a new basis of liability with amendment SA 5499 submitted by Mr. fuel under the contract along with an assess-
respect to an officer of a State, local, Tribal, ment of the price per gallon for fuel paid by
or territorial law enforcement agency des-
REED (for himself and Mr. INHOFE) and
other organizations in the same country or
ignated under subsection (d)(2) or who par- intended to be proposed to the bill H.R.
region of the country; and
ticipates in the protection of a mass gath- 7900, to authorize appropriations for (2) an assessment of the ability of the con-
ering identified by the Secretary or Attorney fiscal year 2023 for military activities tractor to comply with sanctions with re-
General under subsection (a)(5)(C)(iii)(II), of the Department of Defense, for mili- spect to Iran and monitor for violations of
who— tary construction, and for defense ac- those sanctions.
‘‘(A) is acting in the official capacity of the tivities of the Department of Energy,
individual as an officer; and to prescribe military personnel SA 6056. Mr. CRAMER submitted an
‘‘(B) does not exercise the authority grant-
strengths for such fiscal year, and for amendment intended to be proposed to
ed to the Secretary and the Attorney Gen- amendment SA 5499 submitted by Mr.
eral by this section. other purposes; which was ordered to
REED (for himself and Mr. INHOFE) and
‘‘(p) TERMINATION.— lie on the table; as follows:
At the end of subtitle B of title III, add the
intended to be proposed to the bill H.R.
‘‘(1) TERMINATION OF ADDITIONAL LIMITED 7900, to authorize appropriations for
AUTHORITY FOR DETECTION, IDENTIFICATION, following:
fiscal year 2023 for military activities
MONITORING, AND TRACKING.—The authority SEC. 322. ASSURANCE OF INTEGRITY OF OVER-
to carry out any action authorized under SEAS FUEL SUPPLIES. of the Department of Defense, for mili-
subsection (c), if performed by a non-Federal (a) IN GENERAL.—Before awarding a con- tary construction, and for defense ac-
entity, shall terminate on the date that is 5 tract to an offeror for the supply of fuel to tivities of the Department of Energy,
years and 6 months after the date of enact- any location outside the United States in to prescribe military personnel
ment of the Safeguarding the Homeland from which the United States is engaged in con- strengths for such fiscal year, and for
the Threats Posed by Unmanned Aircraft tingency operations, the Secretary of De- other purposes; which was ordered to
Systems Act of 2022 and the authority for the fense shall— lie on the table; as follows:
pilot program established under subsection (1) ensure, to the maximum extent prac- At the end of subtitle B of title VIII, add
(d) shall terminate as provided for in para- ticable, that no otherwise responsible offeror the following:
graph (3) of that subsection. is disqualified on the basis of an unsupported SEC. 829. MODIFICATION OF CONTRACTS AND OP-
‘‘(2) TERMINATION OF AUTHORITIES WITH RE- denial of access to a facility or equipment by TIONS TO PROVIDE ECONOMIC
SPECT TO COVERED FACILITIES AND ASSETS.— the government of the host country; and PRICE ADJUSTMENTS.
The authority to carry out this section with (2) ensure that the offeror complies with (a) AUTHORITY.—Notwithstanding any
respect to a covered facility or asset shall the requirements of subsection (b) other provision of law, amounts authorized
terminate on the date that is 7 years after (b) REQUIREMENT.—An offeror offering to to be appropriated by this Act for the De-
the date of enactment of the Safeguarding supply fuel to any location of the Depart- partment of Defense may be used to modify
the Homeland from the Threats Posed by Un- ment of Defense outside the United States the terms and conditions of a contract or op-
manned Aircraft Systems Act of 2022. shall— tion, without consideration, to provide an
‘‘(q) SCOPE OF AUTHORITY.—Nothing in this (1) certify to the Secretary of Defense that economic price adjustment consistent with
section shall be construed to provide the sections 16.203–1 and 16.203–2 of the Federal
it has not been suspended or debarred from
Secretary or the Attorney General with any Acquisition Regulation during the relevant
receiving Federal Government contracts;
period of performance for that contract or
additional authority other than the authori- (2) certify to the Secretary that the pro-
option and as specified in section 16.203–3 of
ties described in subsections (a)(5)(C)(iii), (b), vided fuel, in whole or in part, or its deriva-
the Federal Acquisition Regulation.
(c), (d), and (f). tives, is not sourced from a country or re- (b) GUIDANCE.—Not later than 30 days after
‘‘(r) UNITED STATES GOVERNMENT DATA- gion prohibited from selling petroleum to the date of the enactment of this Act, the
BASE.— the United States, such as Iran or Venezuela; Under Secretary of Defense for Acquisition
‘‘(1) AUTHORIZATION.—The Department is (3) furnish to the Secretary such records as and Sustainment shall issue guidance imple-
authorized to develop a Federal database to are necessary to verify compliance with such menting the authority under this section.
enable the transmission of data concerning anti-corruption statutes and regulations as
security-related incidents in the United the Secretary determines necessary, includ- SA 6057. Mr. RISCH submitted an
States involving unmanned aircraft and un- ing— amendment intended to be proposed to
manned aircraft systems between Federal, (A) the Foreign Corrupt Practices Act of amendment SA 5499 submitted by Mr.
State, local, Tribal, and territorial law en- 1977 (Public Law 95–213); REED (for himself and Mr. INHOFE) and
dlhill on DSK120RN23PROD with SENATE
forcement agencies for purposes of con- (B) the International Traffic in Arms Reg-
intended to be proposed to the bill H.R.
ducting analyses of such threats in the ulations under subchapter M of chapter I of
United States. title 22, Code of Federal Regulations; 7900, to authorize appropriations for
‘‘(2) POLICIES, PLANS, AND PROCEDURES.— (C) the Export Administration Regula- fiscal year 2023 for military activities
‘‘(A) COORDINATION AND CONSULTATION.—Be- tions, as defined in section 1742 of the Export of the Department of Defense, for mili-
fore implementation of the database devel- Control Reform Act of 2018 (50 U.S.C. 4801); tary construction, and for defense ac-
oped under paragraph (1), the Secretary shall and tivities of the Department of Energy,
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S5594 CONGRESSIONAL RECORD — SENATE September 29, 2022
to prescribe military personnel monstrably strengthen migration manage- (B) to effectively respond to cybersecurity
strengths for such fiscal year, and for ment systems; threats, including state-sponsored threats;
other purposes; which was ordered to (6) counter the malign influence of state and
and non-state actors and misinformation and (C) to strengthen resilience against
lie on the table; as follows:
disinformation campaigns; cyberattacks and cybercrime.
At the appropriate place, insert the fol-
(7) foster mechanisms for cooperation on (c) NOTIFICATION REQUIREMENT.—Any
lowing:
emergency preparedness and rapid recovery agreement, instrument, or memoranda of un-
Subtitle G—Western Hemisphere Partnership from natural disasters, including by— derstanding, including any accompanying
SEC. 1281. SHORT TITLE. (A) establishing regional preparedness, re- annexes, apendices, and implementation
This subtitle may be cited as the ‘‘Western covery, and emergency management centers plans, related to efforts undertaken pursuant
Hemisphere Partnership Act of 2022’’. to facilitate rapid response to survey and to subsection (b) should be submitted to the
SEC. 1282. UNITED STATES POLICY IN THE WEST- help maintain planning on regional disaster Committee on Foreign Relations of the Sen-
ERN HEMISPHERE. anticipated needs and possible resources; and ate and the Committee on Foreign Affairs of
It is the policy of the United States to pro- (B) training disaster recovery officials on the House of Representatives not later than
mote security, stability, economic pros- latest techniques and lessons learned from 30 days after completion of the agreement,
perity, and democratic governance in the United States experiences; and instrument, or memoranda.
Western Hemisphere by— (8) foster regional mechanisms for early
warning and response to pandemics in the SEC. 1285. PROMOTING ECONOMIC AND COMMER-
(1) enhancing the capacity and technical
CIAL PARTNERSHIPS IN THE WEST-
capabilities of partner nation government Western Hemisphere, including through—
ERN HEMISPHERE.
institutions, including civilian law enforce- (A) improved cooperation with and re-
ment, the judiciary, and security forces; search by the United States Centers for Dis- (a) SENSE OF CONGRESS.—It is the sense of
(2) encouraging private sector-led eco- ease Control and Prevention through re- Congress that the United States should en-
nomic growth, respect for property rights, gional pandemic response centers; hance economic and commercial ties with
the rule of law, and enforceable investment (B) personnel exchanges for technology partners in the region to promote a pros-
rules; and transfer and skills development; and perous Western Hemisphere by modernizing
(3) advancing the principles and practices (C) surveying and mapping of health net- and deepening trade and investment frame-
expressed in the Charter of the Organization works to build local health capacity. works, encouraging market-based economic
of American States, the American Declara- (c) LIMITATIONS ON USE OF TECHNOLOGIES.— reforms, and encouraging transparency and
tion on the Rights and Duties of Man, and Operational technologies transferred pursu- adherence to the rule of law in investment
the Inter-American Democratic Charter. ant to subsection (b) to partner governments dealings.
for intelligence, defense, or law enforcement (b) IN GENERAL.—The Secretary of State,
SEC. 1283. PROMOTING SECURITY AND STABILITY
IN THE WESTERN HEMISPHERE. purposes should be used solely for the pur-
in coordination with the United States Trade
poses for which the technology was intended.
(a) SENSE OF CONGRESS.—It is the sense of Representative, the Chief Executive Officer
The United States shall take all necessary
Congress that the United States should of the Development Finance Corporation,
steps to ensure that the use of such oper-
strengthen security cooperation with demo- and other relevant Federal agencies, may
ational technologies is consistent with
cratic nations in the Western Hemisphere to support the improvement of economic condi-
United States law, including protections of
promote a secure hemisphere and to address freedom of expression, freedom of movement, tions in the Western Hemisphere through
the negative impacts of transnational crimi- and freedom of association. collaborative efforts that—
nal organizations and malign external state (1) facilitate a more open, transparent, and
SEC. 1284. PROMOTING DIGITALIZATION AND CY-
actors. BERSECURITY IN THE WESTERN competitive environment for United States
(b) COLLABORATIVE EFFORTS.—The Sec- HEMISPHERE. businesses and promote robust and com-
retary of State, in coordination with the (a) SENSE OF CONGRESS.—It is the sense of prehensive trade capacity-building and trade
Secretary of Defense and the heads of other Congress that the United States should sup- facilitation by—
relevant Federal agencies, may support the port digitalization and expand cybersecurity (A) reducing trade and nontariff barriers
improvement of security conditions in the cooperation in the Western Hemisphere to between the countries in the region, estab-
Western Hemisphere through collaborative promote economic prosperity and security of lishing a mechanism for pursuing Mutual
efforts that— the region. Recognition Agreements and Formalized
(1) enhance the institutional capacity and (b) PROMOTION OF DIGITALIZATION AND CY- Regulatory Cooperation Agreements in pri-
technical capabilities of defense and security BERSECURITY.—The Secretary of State, in co- ority sectors of the economy;
institutions in democratic partner nations to ordination with the heads of other relevant (B) establishing a forum for discussing and
conduct national or regional security mis- Federal agencies, may promote digitaliza- evaluating technical and other assistance
sions, including through regular bilateral tion and cybersecurity in the Western Hemi- needs to help establish streamlined ‘‘single
and multilateral engagements, foreign mili- sphere through collaborative efforts that— window’’ processes to facilitate movement of
tary sales and financing, international mili- (1) promote connectivity and facilitation goods and common customs arrangements
tary education, and training programs, and for e-commerce by trusted companies and procedures to lower costs of goods in
other means; through bilateral or multilateral agreements transit and speed to destination;
(2) provide technical assistance and mate- or other relevant memoranda of under- (C) building relationships and exchanges
rial support (including, as appropriate, ra- standing— between relevant regulatory bodies in the
dars, vessels, and communications equip- (A) to open market access on a national United States and democratic countries in
ment) to relevant security forces to disrupt, treatment, nondiscriminatory basis; the Western Hemisphere to promote best
degrade, and dismantle organizations in- (B) to establish understandings and agree- practices and transparency in rulemaking,
volved in illicit narcotics trafficking, ments on cybersecurity and appropriate implementation, and enforcement, and pro-
transnational criminal activities, illicit min- ‘‘rules of the road’’ on other cyber issues vide training and assistance to help improve
ing, and illegal, unreported, and unregulated through cyber diplomacy; and supply chain management in the Western
fishing, and other illicit activities; (C) to help partner countries make their Hemisphere;
(3) enhance the institutional capacity and cyber infrastructure more resilient to at- (D) establishing regional fora for identi-
technical capabilities of relevant civilian tacks and easier to restore after an attack; fying, raising, and addressing supply chain
law enforcement and judicial institutions to (2) advance the provision of digitized gov- management issues, including infrastructure
strengthen the rule of law, respect of inter- ernment services with the greatest likeli- needs and strengthening of investment rules
nationally-recognized human rights, and hood of promoting transparency, lowering and regulatory frameworks; and
transparent governance and to improve re- business costs, and expanding citizens’ ac- (E) establishing a dedicated program of
gional cooperation to disrupt, degrade, and cess to public services and public informa- trade missions and reverse trade missions to
dismantle transnational organized criminal tion; and increase commercial contacts and ties be-
networks, terrorist organizations, including (3) develop robust cybersecurity partner- tween the United States and Western Hemi-
training and anticorruption programs and ships— sphere partner countries;
technical solutions and resources; (A) to share best practices to mitigate the (2) establish frameworks or mechanisms to
(4) enhance port management and mari- risks to digital infrastructure from— review the long-term financial sustainability
time security partnerships and airport man- (i) the inclusion of components and archi- and security implications of foreign invest-
agement and aviation security partnerships tectures from untrusted providers in digital ments in strategic sectors or services;
to disrupt, degrade, and dismantle networks and communications supply (3) establish competitive and transparent
dlhill on DSK120RN23PROD with SENATE
transnational criminal networks and facili- chains; and infrastructure project selection and procure-
tate the legitimate flow of people, goods, and (ii) the management of architectures by ment processes that promote transparency,
services; untrusted providers, particularly providers open competition, financial sustainability,
(5) strengthen cooperation to deter illegal with close ties to, or that are susceptible to and robust adherence to global standards and
migration across the Western Hemisphere, pressure from, governments or security serv- norms; and
dismantle human smuggling and trafficking ices without reliable legal checks on govern- (4) advance robust and comprehensive en-
networks, and increase cooperation to de- mental powers; ergy production and integration, including
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5595
through a more open, transparent, and com- 7900, to authorize appropriations for (b) TABLE OF SECTIONS AMENDMENT.—The
petitive environment for United States com- fiscal year 2023 for military activities table of sections at the beginning of such
panies competing in the Western Hemi- of the Department of Defense, for mili- chapter is amended by adding at the end the
sphere, including by— following new item:
tary construction, and for defense ac-
(A) facilitating further development of in- ‘‘398. Sharing cyber capabilities and related
tegrated regional energy markets; tivities of the Department of Energy,
information with foreign oper-
(B) improving management of grids, in- to prescribe military personnel ational partners.’’.
cluding technical capability to ensure the strengths for such fiscal year, and for
trustworthiness of electricity providers, car- other purposes; which was ordered to SA 6059. Mr. SCOTT of Florida sub-
riers, and management and distribution sys- lie on the table; as follows: mitted an amendment intended to be
tems; At the appropriate place in title XVI, in- proposed to amendment SA 5499 sub-
(C) facilitating private sector-led develop- sert the following:
mitted by Mr. REED (for himself and
ment of reliable power generation capacity; SEC. lll. SHARING CYBER CAPABILITIES AND
(D) establishing a process for surveying RELATED INFORMATION WITH FOR- Mr. INHOFE) and intended to be pro-
grid capacity and management focused on EIGN OPERATIONAL PARTNERS. posed to the bill H.R. 7900, to authorize
identifying electricity service efficiencies (a) AUTHORIZATION.—Chapter 19 of title 10, appropriations for fiscal year 2023 for
and establishing cooperative mechanisms for United States Code, is amended by adding at military activities of the Department
providing technical assistance for— the end the following new section: of Defense, for military construction,
(i) grid management, power pricing, and ‘‘§ 398. Sharing cyber capabilities and related and for defense activities of the De-
tariff issues; information with foreign operational part-
partment of Energy, to prescribe mili-
(ii) establishing and maintaining appro- ners
tary personnel strengths for such fiscal
priate regulatory best practices; and ‘‘(a) AUTHORITY TO SHARE CYBER CAPABILI-
(iii) proposals to establish regional power TIES.—The Secretary of Defense may, in con-
year, and for other purposes; which was
grids for the purpose of promoting the sale of sultation with the Secretary of State, pro- ordered to lie on the table; as follows:
excess supply to consumers across borders; vide cyber capabilities and related informa- At the end of subtitle B of title XXVIII,
and tion developed or procured by the Depart- add the following:
ment of Defense to foreign countries or orga- SEC. 2825. AUDIT OF CERTAIN MILITARY HOUS-
(E) exploring opportunities to partner with
ING CONDITIONS IN KEY WEST,
the private sector and multilateral institu- nizations described in subsection (b) without
FLORIDA.
tions, such as the World Bank and the Inter- compensation, if the Secretary determines
(a) IN GENERAL.—Not later than 30 days
American Development Bank, to promote that the provision of such cyber capabilities
after the date of the enactment of this Act,
universal access to reliable and affordable is primarily for the benefit of the United
the Secretary of the Navy shall commence
electricity in the Western Hemisphere. States.
‘‘(b) FOREIGN COUNTRIES AND ORGANIZA- the conduct of an audit to assess—
SEC. 1286.
PROMOTING TRANSPARENCY AND (1) the conditions of housing units at Naval
DEMOCRATIC GOVERNANCE IN THE TIONS DESCRIBED.—The foreign countries or
WESTERN HEMISPHERE. organizations described in this subsection Air Station Key West Sigsbee Park Annex;
(a) SENSE OF CONGRESS.—It is the sense of are the following: (2) the percentage of those units that are
Congress that the United States should sup- ‘‘(1) The defense or security ministry of a considered unsafe or unhealthy housing
port efforts to strengthen the capacity of member country of the North Atlantic Trea- units;
democratic governance institutions and ty Organization, the Government of Aus- (3) the process used to report housing con-
processes in the Western Hemisphere to pro- tralia, the Government of Japan, the Gov- cerns relating to those units;
mote a more transparent, democratic, and ernment of the Republic of Korea, the Gov- (4) the extent to which individuals who ex-
prosperous region. ernment of Israel, or the Government of New perience unsafe or unhealthy housing units
(b) IN GENERAL.—The Secretary of State, Zealand. at Naval Air Station Key West Sigsbee Park
in coordination with the Administrator of ‘‘(2) A subsidiary of the North Atlantic Annex incur relocation, per diem, or similar
the United States Agency for International Treaty Organization. expenses as a direct result of displacement
Development and heads of other relevant ‘‘(3) The defense or security ministry of a that are not covered by a landlord, insur-
Federal agencies, should support strength- country other than a country described in ance, or claims process and the feasibility of
ening of democratic institutions and pro- paragraph (1), if the Secretary determines providing reimbursement for uncovered ex-
moting transparence in the Western Hemi- that sharing capabilities under subsection penses; and
sphere through collaborative efforts that— (a) with such defense or security ministry is (5) what is needed to provide appropriate
(1) strengthen the capacity of national in the national security interest of the and safe living quarters for members of the
electoral institutions to ensure free, fair, United States. Armed Forces and their families in Key
and transparent electoral processes, includ- ‘‘(c) PROCEDURES.—(1) Prior to the first use West, Florida.
ing through pre-election assessment mis- of the authority provided by subsection (a), (b) REPORT.—Not later than 90 days after
sions, technical assistance, and independent the Secretary of Defense shall establish and the commencement of the audit under sub-
local and international election monitoring submit to the appropriate committees of section (a), the Secretary of the Navy shall
and observation missions; Congress procedures for a coordination proc- submit to the Committees on Armed Serv-
(2) enhance the capabilities of democrat- ess for subseciton (a) that is consistent with ices of the Senate and the House of Rep-
ically elected national legislatures, par- the operational timelines required to support resentatives a report on the results of the
liamentary bodies, and autonomous regu- the national security of the United States. audit.
‘‘(2) The Secretary shall promptly notify (c) DEFINITIONS.—In this section:
latory institutions to conduct oversight;
the appropriate committees of Congress in (1) PRIVATIZED MILITARY HOUSING.—The
(3) strengthen the capacity of subnational
writing of any changes to the procedures es- term ‘‘privatized military housing’’ means
government institutions to govern in a
tablished under paragraph (1) at least 14 days military housing provided under subchapter
democratic and transparent manner, includ-
prior to the adoption of any such changes. IV of chapter 169 of title 10, United States
ing through training and technical assist-
‘‘(d) NOTIFICATION REQUIRED.—(1) The Sec- Code.
ance;
retary of Defense shall promptly submit to (2) UNSAFE OR UNHEALTHY HOUSING UNIT.—
(4) facilitate substantive collaborative dia-
the appropriate committees of Congress no- The term ‘‘unsafe or unhealthy housing
logue between government, civil society, and
tice in writing of any use of the authority unit’’ means a unit of privatized military
the private sector to generate issue-based
provided by subsection (a) no later than 48 housing in which is present, at levels exceed-
policies; and
hours following the use of the authority. ing national standards or guidelines, at least
(5) combat corruption at local and national
‘‘(2) Notification under paragraph (1) shall one of the following hazards:
levels, including through trainings, coopera-
include a certification that the provision of (A) Physiological hazards, including the
tion agreements, and bilateral or multilat-
the cyber capabilities was primarily for the following:
eral anticorruption mechanisms that
benefit of the United States. (i) Dampness or microbial growth.
strengthen attorneys general and prosecu-
‘‘(e) DEFINITIONS.—In this section: (ii) Lead-based paint.
tors offices.
‘‘(1) The term ‘appropriate committees of (iii) Asbestos or manmade fibers.
SEC. 1287. WESTERN HEMISPHERE DEFINED.
Congress’ means— (iv) Ionizing radiation.
In this subtitle, the term ‘‘Western Hemi- ‘‘(A) the congressional defense committees; (v) Biocides.
sphere’’ does not include Cuba, Nicaragua, or ‘‘(B) the Committee on Foreign Relations (vi) Carbon monoxide.
Venezuela, except for purposes of section of the Senate; and (vii) Volatile organic compounds.
1286.
dlhill on DSK120RN23PROD with SENATE
‘‘(C) Committee on Foreign Affairs of the (viii) Infectious agents.
House of Representatives. (ix) Fine particulate matter.
SA 6058. Mr. RISCH submitted an
‘‘(2) The term ‘cyber capability’ means a (B) Psychological hazards, including the
amendment intended to be proposed to device or computer program, including any following:
amendment SA 5499 submitted by Mr. combination of software, firmware, or hard- (i) Ease of access by unlawful intruders.
REED (for himself and Mr. INHOFE) and ware, designed to create an effect in or (ii) Lighting issues.
intended to be proposed to the bill H.R. through cyberspace.’’. (iii) Poor ventilation.
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S5596 CONGRESSIONAL RECORD — SENATE September 29, 2022
(iv) Safety hazards. resentatives a report on the findings of the each year beginning in the second year in
(v) Other hazards similar to the hazards Committee. which the claims processor carries out the
specified in clauses (i) through (iv). (e) MILITARY SERVICE ACADEMY DEFINED.— duties of the claims processor for the Depart-
In this section, the term ‘‘military service ment.
SA 6060. Mr. SCOTT of Florida sub- academy’’ means the following: (3) REQUIRED ELEMENTS.—The training es-
mitted an amendment intended to be (1) The United States Military Academy, tablished under paragraph (1) shall include
proposed to amendment SA 5499 sub- West Point, New York. instruction on stressor development and
mitted by Mr. REED (for himself and (2) The United States Naval Academy, An- verification.
napolis, Maryland. (b) STANDARDIZATION OF TRAINING AT RE-
Mr. INHOFE) and intended to be pro- GIONAL OFFICES.—Not later than 180 days
(3) The United States Air Force Academy,
posed to the bill H.R. 7900, to authorize Colorado Springs, Colorado. after the date of the enactment of this Act,
appropriations for fiscal year 2023 for (4) The United States Coast Guard Acad- the Secretary, acting through the Under Sec-
military activities of the Department emy, New London, Connecticut. retary, shall standardize the training pro-
of Defense, for military construction, (5) The United States Merchant Marine vided at regional offices of the Veterans Ben-
and for defense activities of the De- Academy, Kings Point, New York. efits Administration to the employees of
partment of Energy, to prescribe mili- such regional offices.
SA 6061. Ms. KLOBUCHAR submitted (c) FORMAL PROCESS FOR CONDUCT OF AN-
tary personnel strengths for such fiscal NUAL ANALYSIS OF TRENDS.—Not later than
year, and for other purposes; which was an amendment intended to be proposed
180 days after the date of the enactment of
ordered to lie on the table; as follows: to amendment SA 5499 submitted by this Act, the Secretary, acting through the
At the end of subtitle C of title VII, add Mr. REED (for himself and Mr. INHOFE) Under Secretary, shall establish a formal
the following: and intended to be proposed to the bill process to analyze, on an annual basis, train-
SEC. 753. INDEPENDENT REVIEW COMMITTEE ON H.R. 7900, to authorize appropriations ing needs based on identified processing
PREVENTABLE DEATHS AT MILI- for fiscal year 2023 for military activi- error trends.
TARY INSTALLATIONS IN THE (d) FORMAL PROCESS FOR CONDUCT OF AN-
UNITED STATES.
ties of the Department of Defense, for
NUAL STUDIES.—
(a) IN GENERAL.—There is established with- military construction, and for defense (1) IN GENERAL.—Not later than 180 days
in the Department of Defense an independent activities of the Department of Energy, after the date of the enactment of this Act,
review committee (in this section referred to to prescribe military personnel the Secretary, acting through the Under Sec-
as the ‘‘Committee’’) to review recent deaths strengths for such fiscal year, and for retary, shall establish a formal process to
among members of the Armed Forces at other purposes; which was ordered to conduct, on an annual basis, studies to help
military installations in the United States. lie on the table; as follows: guide the national training program estab-
(b) MEMBERS.— At the end of subtitle B of title VII, add lished under subsection (a)(1).
(1) IN GENERAL.—The Secretary of Defense the following: (2) ELEMENTS.—Each study conducted
shall select members of the Committee from SEC. 730. TRAINING FOR MEDICAL PROFES- under paragraph (1) shall cover the fol-
among individuals who have experience in SIONALS ON USE OF INDIVIDUAL lowing:
the Armed Forces (whether on active duty, LONGITUDINAL EXPOSURE RECORD. (A) Military post-traumatic stress disorder
in the reserve components, or at a military Beginning on October 1, 2023, the Secretary stressors.
service academy) and are not currently em- of Defense shall provide mandatory training (B) Decisionmaking claims for claims proc-
ployed by the Federal Government. not less frequently than annually to primary essors.
(2) EXPERTISE.—In selecting members of care providers and relevant specialty care (e) ANNUAL UPDATES TO POST-TRAUMATIC
the Committee under paragraph (1), the Sec- providers of the Department of Defense, as STRESS DISORDER PROCEDURAL GUIDANCE.—
retary shall ensure that each such member determined by the Director of the Defense Not later than 180 days after the date of the
has a background in law enforcement, mili- Health Agency, on how to use the Individual enactment of this Act and not less fre-
tary or criminal investigations, or military Longitudinal Exposure Record and when it quently than once each year thereafter, the
or criminal legal proceedings. would be appropriate to consult such record Secretary, acting through the Under Sec-
(c) DUTIES.— given patient symptoms and history. retary, shall evaluate the guidance relating
(1) REVIEW.—The Committee shall carry to post traumatic stress disorder to deter-
out a review of whether the relevant com- SA 6062. Ms. KLOBUCHAR (for her- mine if updates are warranted to provide
mands and units at military installations in claims processors of the Department with
self and Mr. ROUNDS) submitted an
the United States were operating within the better resources regarding best practices for
spirit of applicable policies of the Depart- amendment intended to be proposed to claims processing, including specific guid-
ment of Defense and the applicable military amendment SA 5499 submitted by Mr. ance regarding development of claims in-
department for post-traumatic stress dis- REED (for himself and Mr. INHOFE) and volving compensation for service-connected
order, suicides, substance use disorders, and intended to be proposed to the bill H.R. posttraumatic stress disorder.
investigations of deaths, with a focus on 7900, to authorize appropriations for
overdose deaths and fentanyl. fiscal year 2023 for military activities SA 6063. Mr. BLUMENTHAL sub-
(2) ELEMENTS.—The review carried out of the Department of Defense, for mili- mitted an amendment intended to be
under paragraph (1) shall include the fol-
tary construction, and for defense ac- proposed to amendment SA 5499 sub-
lowing: mitted by Mr. REED (for himself and
(A) An assessment of the staffing level, tivities of the Department of Energy,
to prescribe military personnel Mr. INHOFE) and intended to be pro-
training, education, and ability of leaders at posed to the bill H.R. 7900, to authorize
all levels to receive and respond to substance strengths for such fiscal year, and for
appropriations for fiscal year 2023 for
use disorder, post-traumatic stress disorder, other purposes; which was ordered to
military activities of the Department
suicide, and death at military installations lie on the table; as follows:
in the United States. At the appropriate place in title X, insert of Defense, for military construction,
(B) An assessment of the climate and cul- the following: and for defense activities of the De-
ture regarding self-reporting for members of SEC. lll. IMPROVING PROCESSING BY DEPART- partment of Energy, to prescribe mili-
the Armed Forces at military installations MENT OF VETERANS AFFAIRS OF tary personnel strengths for such fiscal
in the United States to determine stigmas DISABILITY CLAIMS FOR POST- year, and for other purposes; which was
and ways to avoid those stigmas to ensure TRAUMATIC STRESS DISORDER.
ordered to lie on the table; as follows:
such members get the care they need with- (a) TRAINING FOR CLAIMS PROCESSORS WHO At the end of subtitle D of title VI, add the
out fear of negative impact on their career. HANDLE CLAIMS RELATING TO POST-TRAU- following:
(C) An assessment of the impact of sub- MATIC STRESS DISORDER.—
SEC. 632. LIMITATIONS ON SALE AND USE OF
stance use on the readiness of such members (1) UPDATE TRAINING PROGRAMS.—Not later PORTABLE HEATING DEVICES ON
at military installations in the United than 180 days after the date of the enactment MILITARY INSTALLATIONS.
States. of this Act, the Secretary of Veterans Affairs (a) APPROVAL REQUIRED FOR USE OF PORT-
(D) An assessment of whether or not proper shall, acting through the Under Secretary ABLE HEATING DEVICES ON MILITARY INSTAL-
execution of the requirements under chapter for Benefits, update an ongoing, national LATIONS.—A portable heating device may not
47 of title 10, United States Code (the Uni- training program for claims processors who be used in any facility on a military installa-
form Code of Military Justice), has been car- review claims for compensation for service- tion (other than in military housing) with-
dlhill on DSK120RN23PROD with SENATE
ried out in cases involved substance abuse connected post-traumatic stress disorder. out the approval of the commander of the
and potential drug related deaths. (2) PARTICIPATION REQUIRED.—Beginning on military installation.
(d) REPORT.—Not later than one year after the date that is 180 days after the date of the (b) PROHIBITION ON SALE OF UNSAFE PORT-
the date of the enactment of this Act, the enactment of this Act, the Secretary shall ABLE HEATING DEVICES AT COMMISSARY
Committee shall submit to the Secretary of require that each claims processor described STORES AND MWR RETAIL FACILITIES.—The
Defense and the Committees on Armed Serv- in paragraph (1) participates in the training Secretary of Defense shall ensure that port-
ices of the Senate and the House of Rep- established under paragraph (1) at least once able heating devices that do not comply with
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5597
applicable voluntary consumer product safe- ‘‘(2) PREDISPUTE JOINT-ACTION WAIVER.— apply with respect to waivers made on or
ty standards are not sold at a commissary The term ‘predispute joint-action waiver’ after the date of the enactment of this Act.
store or MWR retail facility. means an agreement, whether or not part of SEC. 6lll. APPLICABILITY.
(c) EDUCATION FOR FAMILIES LIVING IN MILI- a predispute arbitration agreement, that This subtitle, and the amendments made
TARY HOUSING.—The commander of a mili- would prohibit, or waive the right of, one of by this subtitle, shall apply with respect to
tary installation shall ensure that members the parties to the agreement to participate any dispute or claim that arises or accrues
of the Armed Forces assigned to that instal- in a joint, class, or collective action in a ju- on or after the date of the enactment of this
lation and living in military family housing, dicial, arbitral, administrative, or other Act.
including military family housing acquired forum, concerning a dispute that has not yet
or constructed pursuant to subchapter IV of arisen at the time of the making of the SA 6065. Mr. BLUMENTHAL (for
chapter 169 of title 10, United States Code, agreement. himself and Mr. GRAHAM) submitted an
are provided with the recommendations of ‘‘§ 502. No validity or enforceability amendment intended to be proposed to
the Consumer Product Safety Commission ‘‘(a) IN GENERAL.—Notwithstanding any amendment SA 5499 submitted by Mr.
for operating portable heating devices safely. other provision of this title, no predispute REED (for himself and Mr. INHOFE) and
(d) DEFINITIONS.—In this section: arbitration agreement or predispute joint-
(1) MWR RETAIL FACILITY.—The term intended to be proposed to the bill H.R.
action waiver shall be valid or enforceable 7900, to authorize appropriations for
‘‘MWR retail facility’’ has the meaning given with respect to a dispute relating to disputes
that term in section 1063 of title 10, United arising under chapter 43 of title 38 or the fiscal year 2023 for military activities
States Code. Servicemembers Civil Relief Act (50 U.S.C. of the Department of Defense, for mili-
(2) PORTABLE HEATING DEVICE.—The term 3901 et seq.). tary construction, and for defense ac-
‘‘portable heating device’’ means an electric ‘‘(b) APPLICABILITY.— tivities of the Department of Energy,
heater that— ‘‘(1) IN GENERAL.—An issue as to whether to prescribe military personnel
(A) is intended to stand unsupported (free- this chapter applies with respect to a dispute strengths for such fiscal year, and for
standing); shall be determined under Federal law. The other purposes; which was ordered to
(B) can be moved from place to place with- applicability of this chapter to an agreement
in conditioned areas in a structure; to arbitrate and the validity and enforce- lie on the table; as follows:
(C) is connected to a nominal 120 VAC elec- ability of an agreement to which this chap- At the end of subtitle C of title XII, add
tric supply through a cord and plug; ter applies shall be determined by a court, the following:
(D) transfers heat by radiation, convection, rather than an arbitrator, irrespective of SEC. 1239. DESIGNATION OF THE RUSSIA FED-
whether the party resisting arbitration chal- ERATION AS A STATE SPONSOR OF
or both (either natural or forced); and
TERRORISM.
(E) is intended for residential use. lenges the arbitration agreement specifically
or in conjunction with other terms of the (a) SHORT TITLE.—This section may be
SA 6064. Mr. BLUMENTHAL sub- contract containing such agreement, and ir- cited as the ‘‘Russia is a State Sponsor of
Terrorism Act’’.
mitted an amendment intended to be respective of whether the agreement pur-
(b) FINDINGS.—Congress finds the fol-
proposed to amendment SA 5499 sub- ports to delegate such determinations to an
lowing:
mitted by Mr. REED (for himself and arbitrator.
(1) United States law authorizes the des-
‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.—
Mr. INHOFE) and intended to be pro- ignation of countries that have repeatedly
Nothing in this chapter shall apply to any
posed to the bill H.R. 7900, to authorize arbitration provision in a contract between
provided support for acts of international
appropriations for fiscal year 2023 for terrorism as state sponsors of terrorism.
an employer and a labor organization or be-
military activities of the Department (2) Cuba, the Democratic People’s Republic
tween labor organizations, except that no
of Korea, Iran, and Syria have been des-
of Defense, for military construction, such arbitration provision shall have the ef-
ignated as state sponsors of terrorism.
and for defense activities of the De- fect of waiving the right of a worker to seek
(3) At the direction of President Vladimir
partment of Energy, to prescribe mili- judicial enforcement of a right arising under
Putin, the Government of the Russian Fed-
tary personnel strengths for such fiscal a provision of the Constitution of the United
eration has promoted, and continues to pro-
States, a State constitution, or a Federal or
year, and for other purposes; which was mote, acts of international terrorism against
State statute, or public policy arising there-
ordered to lie on the table; as follows: from.’’.
political opponents and nation states.
At the appropriate place in title VI, insert (b) TECHNICAL AND CONFORMING AMEND- (4) Under the orders of President Putin, the
the following: MENTS.— Government of the Russian Federation en-
Subtitle ll—Arbitration Rights of Members (1) IN GENERAL.—Title 9, United States gaged in a campaign of terror that utilized
of the Armed Forces and Veterans Code, is amended— brutal force to target its civilians during the
(A) in section 1 by striking ‘‘of seamen,’’ Second Chechen War.
SEC. 6lll. SHORT TITLE.
and all that follows through ‘‘interstate (5) Actions by the Government of the Rus-
This subtitle may be cited as the ‘‘Justice sian Federation against civilian centers,
for Servicemembers Act of 2022’’. commerce’’ and inserting ‘‘persons and
causes of action under chapter 43 of title 38 such as Grozny (the capital of Chechnya),
SEC. 6lll. PURPOSES. left countless innocent men, women, and
The purposes of this subtitle are— or the Servicemembers Civil Relief Act (50
U.S.C. 3901 et seq.)’’; children dead or wounded.
(1) to prohibit predispute arbitration (6) Since 2014, the Government of the Rus-
agreements that force arbitration of disputes (B) in section 2, by inserting ‘‘or 5’’ before
the period at the end; sian Federation—
arising from claims brought under chapter 43 (A) has supported separatists engaging in
of title 38, United States Code, or the (C) in section 208, in the second sentence,
by inserting ‘‘or 5’’ before the period at the acts of violence against Ukrainian civilians
Servicemembers Civil Relief Act (50 U.S.C. in the Donbas region; and
3901 et seq.); and end; and
(D) in section 307, in the second sentence, (B) has detained United States citizens as
(2) to prohibit agreements and practices hostages.
that interfere with the right of persons to by inserting ‘‘or 5’’ before the period at the
end. (7) The Government of the Russian Federa-
participate in a joint, class, or collective ac- tion provides material support to Syria, a
tion related to disputes arising from claims (2) TABLE OF CHAPTERS.—The table of chap-
ters of title 9, United States Code, is amend- nation currently designated as a state spon-
brought under the provisions of the laws de- sor of terrorism.
scribed in paragraph (1). ed by adding at the end the following:
(8) According to the Congressional Re-
SEC. 6lll. ARBITRATION OF DISPUTES INVOLV- ‘‘5. Arbitration of servicemember and
search Service, the Russian Federation
ING THE RIGHTS OF veteran disputes .......................... 501’’.
spreads terror throughout the world through
SERVICEMEMBERS AND VETERANS. SEC. 6lll. LIMITATION ON WAIVER OF RIGHTS
AND PROTECTIONS UNDER
private military networks of mercenaries,
(a) IN GENERAL.—Title 9, United States
SERVICEMEMBERS CIVIL RELIEF such as the Wagner Group, in an effort to
Code, is amended by adding at the end the
ACT. ‘‘project power cheaply and deniably’’.
following:
(a) AMENDMENTS.—Section 107(a) of the (9) The Wagner Group collaborates with
‘‘CHAPTER 5—ARBITRATION OF SERVICE- the Ministry of Defense of the Russian Fed-
Servicemembers Civil Relief Act (50 U.S.C.
MEMBER AND VETERAN DISPUTES eration to support the foreign policy objec-
3918(a)) is amended—
‘‘Sec. (1) in the second sentence, by inserting tives of the Russian Federation.
‘‘501. Definitions. ‘‘and if it is made after a specific dispute has (10) The Department of the Treasury—
‘‘502. No validity or enforceability. (A) has identified the Wagner Group as ‘‘a
arisen and the dispute is identified in the
dlhill on DSK120RN23PROD with SENATE
‘‘§ 501. Definitions waiver’’ before the period at the end; and designated Russian Ministry of Defense
‘‘In this chapter: (2) in the third sentence by inserting ‘‘and proxy force’’; and
‘‘(1) PREDISPUTE ARBITRATION AGREE- if it is made after a specific dispute has aris- (B) has stated that ‘‘Wagner’s activities in
MENT.—The term ‘predispute arbitration en and the dispute is identified in the waiv- other countries, including Ukraine, Syria,
agreement’ means an agreement to arbitrate er’’ before the period at the end. Sudan, and Libya, have generated insecurity
a dispute that has not yet arisen at the time (b) APPLICATION OF AMENDMENTS.—The and incited violence against innocent civil-
of the making of the agreement. amendments made by subsection (a) shall ians’’.
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S5598 CONGRESSIONAL RECORD — SENATE September 29, 2022
(11) In February 2022, more than 400 Rus- (2) removing such designation is in the na- (3) REPORTS.—
sian mercenaries from the Wagner Group tional security interests of the United (A) IN GENERAL.—Not later than one year
were dispatched to Kyiv with orders from the States. after the date of the enactment of this Act,
Kremlin to assassinate President Volodymyr --- and annually thereafter for two years, the
Zelenskyy and members of the Government SA 6066. Mr. BLUMENTHAL sub- Director of the Extremity Trauma and Am-
of Ukraine. mitted an amendment intended to be putation Center of Excellence shall submit
(12) On March 1, 2022, Jason Blazakis, proposed to amendment SA 5499 sub- to Congress a report on the implementation
former Director of the Counterterrorism Fi- mitted by Mr. REED (for himself and of this subsection.
nance and Designations Office, Bureau of Mr. INHOFE) and intended to be pro- (B) ELEMENTS.—
Counterterrorism, Department of State, posed to the bill H.R. 7900, to authorize (i) INITIAL REPORT.— The initial report re-
wrote in reference to white supremacist quired by subparagraph (A) shall include a
groups that ‘‘Russia provides sanctuary to a
appropriations for fiscal year 2023 for description of the implementation require-
U.S.-designated terrorist group, the Russian military activities of the Department ments of the pilot program described in para-
Imperial Movement, which operates with im- of Defense, for military construction, graph (1)(D).
punity in Russian territory.’’. and for defense activities of the De- (ii) SUBSEQUENT REPORTS.—Each subse-
(13) On March 17, 2022, President partment of Energy, to prescribe mili- quent report shall include, for the one-year
Volodymyr Zelensky called for the world to tary personnel strengths for such fiscal period ending on the date of submission of
acknowledge the Russian Federation as a year, and for other purposes; which was the report—
terrorist state. ordered to lie on the table; as follows: (I) a description and assessment of the ac-
(14) The Verkhovna Rada of Ukraine has tivities of the pilot program under paragraph
At the end of subtitle C of title XII, add
appealed to Congress to encourage the De- (1)(D);
the following:
partment of State to recognize the Russian (II) an assessment of the role of the Ex-
SEC. 1239. TREATMENT FOR SEVERELY WOUND-
Federation as a state sponsor of terrorism, ED UKRAINIAN SOLDIERS.
tremity Trauma and Amputation Center of
noting that ‘‘the Russian Federation has for Excellence and partners with respect to the
(a) SENSE OF THE SENATE.—It is the sense
years supported and financed terrorist re- of the Senate that— mitigation, treatment, and rehabilitation of
gimes and terrorist organizations, including (1) the treatment and rehabilitation of se- traumatic extremity injuries and amputa-
being the main supplier of weapons to the verely wounded Ukrainian soldiers is of para- tions in Ukraine; and
Assad regime in Syria and supporting terror- mount importance to the United States and (III) any recommendation with respect to
ists in the Middle East and Latin America, Ukraine as Ukraine continues to valiantly the extension of such pilot program.
organizing acts of international terrorism, repulse an unprovoked invasion of its sov- (4) AUTHORIZATION OF APPROPRIATIONS.—Of
including the poisoning of the Skripal family the amounts appropriated by the Ukraine
ereignty by the Russian Federation;
in the United Kingdom of Great Britain and Supplemental Appropriations Act, 2022 (divi-
(2) the Senate applauds efforts by the Sec-
Northern Ireland, the downing of a civilian sion N of Public Law 117–103; 136 Stat. 776)
retary of Defense to provide treatment in
Malaysian airliner and other acts of ter- and the Additional Ukraine Supplemental
medical facilities of the United States
rorism’’. Appropriations Act, 2022 (Public Law 117–128;
Armed Forces through the Secretarial Des-
(15) On May 24, 2022, Ukrainian prosecutors 136 Stat. 1211), $1,500,000 shall be made avail-
ignee Program; and
accused 2 Wagner Group mercenaries of com- able to carry out this subsection.
(3) the Senate encourages the Secretary to
mitting war crimes against civilians near (c) ROLE OF THE TRAUMATIC BRAIN INJURY
continue working with defense officials of
Kyiv. CENTER OF EXCELLENCE IN IMPROVING TREAT-
Ukraine, and as necessary with other govern- MENT FOR ADULT AND PEDIATRIC TRAUMATIC
(16) On July 18, 2022, the United Kingdom’s mental and private sources, to fund trans-
Ministry of Defence confirmed that the Wag- BRAIN INJURIES IN UKRAINE.—
portation, lodging, meals, caretakers, and (1) RESPONSIBILITIES.—The Traumatic
ner Group plays a central role in recent any other nonmedical expenses necessary in
fighting in Ukraine, including Russia’s cap- Brain Injury Center of Excellence shall have
connection with treatment for severely the following responsibilities:
ture of Popasna and Lysyschansk. wounded Ukrainian soldiers.
(17) The United States has a range of tools (A) Not later than 180 days after the date
(b) ROLE OF THE EXTREMITY TRAUMA AND
available to hold the Russian Federation ac- of the enactment of this Act, to develop a
AMPUTATION CENTER OF EXCELLENCE IN MITI-
countable, reduce its war machine, and iso- comprehensive plan and strategy for the de-
GATING, TREATING, AND REHABILITATING
late it economically and diplomatically, in- TRAUMATIC EXTREMITY INJURIES IN
velopment of an interactive quality assess-
cluding by designating it as a state sponsor UKRAINE.— ment and quality assurance clinical decision
(1) RESPONSIBILITIES.—The Extremity support tool to provide real-time, evidence-
of terrorism and imposing corresponding
Trauma and Amputation Center of Excel- based medical care guidance for adult and
sanctions.
(c) DESIGNATION OF THE RUSSIAN FEDERA- lence shall have the following responsibil- pediatric intensive-care unit patients with
TION AS A STATE SPONSOR OF TERRORISM.— ities: severe traumatic brain injury in Ukraine.
(1) IN GENERAL.—Beginning on the date of (A) Not later than 180 days after the date (B) To develop such a clinical decision sup-
the enactment of this Act, the Russian Fed- of the enactment of this Act, to develop a port tool.
eration shall be deemed to have repeatedly comprehensive plan and strategy for the (C) To identify scientific research aimed at
provided support for acts of international mitigation, treatment, and rehabilitation of increasing compliance with internationally
terrorism and shall be designated as a state traumatic extremity injuries and amputa- approved, evidence-based treatment guide-
sponsor of terrorism pursuant to— tions in Ukraine. lines for severe adult and pediatric trau-
(A) section 1754(c)(1)(A)(i) of the Export (B) To identify scientific research aimed at matic brain injury so as to reduce patient
Control Reform Act of 2018 (50 U.S.C. saving injured extremities, avoiding amputa- mortality, improve patient level of recovery,
4813(c)(1)(A)(i)); tions, and preserving and restoring the func- and reduce long-term care costs in Ukraine.
(B) section 620A(a) of the Foreign Assist- tion of injured extremities. Such research (D) To carry out such other activities to
ance Act of 1961 (22 U.S.C. 2371(a)); shall address the current needs of Ukraine, improve and enhance the efforts of the Gov-
(C) section 40(d) of the Arms Export Con- specifically military medical needs, and the ernment of Ukraine for the treatment of se-
trol Act (22 U.S.C. 2780(d)); and full range of scientific inquiry encompassing vere adult and pediatric traumatic brain in-
(D) any other relevant provision of law. basic, translational, and clinical research. jury as the Director of the Traumatic Brain
(2) TECHNICAL AND CONFORMING AMEND- (C) To carry out such other activities to Injury Center of Excellence considers appro-
MENTS.—Section 1605A(h)(6) of title 28, improve and enhance the efforts of the Gov- priate.
United States Code, is amended— ernment of Ukraine for the mitigation, (E) To develop and implement jointly with
(A) by inserting ‘‘Congress or’’ before ‘‘the treatment, and rehabilitation of traumatic partners, including the Government of
Secretary of State’’; and extremity injuries and amputations as the Ukraine, a one-year pilot program to imple-
(B) by striking ‘‘section 6(j) of the Export Director of the Extremity Trauma and Am- ment the comprehensive plan and strategy
Administration Act of 1979 (50 U.S.C. App. putation Center of Excellence considers ap- developed under subparagraph (A).
2405(j)),’’. propriate. (2) PARTNERSHIPS.—In carrying out the re-
(d) WAIVER.—The President may remove (D) To develop and implement jointly with sponsibilities under paragraph (1), the Trau-
the designation required under subsection partners, including the Government of matic Brain Injury Center of Excellence
(c)(1) on the date that is 30 days after the Ukraine, a one-year pilot program to imple- shall partner and consult with relevant gov-
date on which the President certifies to the ment the comprehensive plan and strategy ernment agencies, institutions of higher edu-
Committee on Foreign Relations of the Sen- developed under subparagraph (A). cation, and other appropriate public and pri-
ate, the Committee on Foreign Affairs of the (2) PARTNERSHIPS.—In carrying out the re- vate entities, including international enti-
dlhill on DSK120RN23PROD with SENATE
House of Representatives, the majority lead- sponsibilities under paragraph (1), the Ex- ties.
er and minority leader of the Senate, and the tremity Trauma and Amputation Center of (3) REPORTS.—
Speaker, majority leader, and minority lead- Excellence shall partner and consult with (A) IN GENERAL.—Not later than one year
er of the House of Representatives that— relevant government agencies, institutions after the date of the enactment of this Act,
(1) the Russian Federation is no longer of higher education, and any other appro- and annually thereafter for two years, the
supporting acts of international terrorism; priate public and private entities, including Director of the Traumatic Brain Injury Cen-
and international entities. ter of Excellence shall submit to Congress a
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5599
report on the implementation of this sub- in the Federal Register, the Commission increased each year by an amount equal to
section. shall promulgate final rules. the percentage increase, if any, in the Con-
(B) ELEMENTS.— ‘‘(3) DISCLOSURES REQUIRED.—Before the sumer Price Index, as determined by the De-
(i) INITIAL REPORT.— The initial report re- consummation of a transaction effecting a partment of Labor or its successor.’’.
quired by subparagraph (A) shall include a private placement, a private placement (b) VALIDITY OF CONTRACTS WITH REG-
description of the implementation require- broker shall disclose clearly and conspicu- ISTERED PRIVATE PLACEMENT BROKERS AND
ments of the pilot program described in para- ously, in writing, to all parties to the trans- FINDERS.—Section 29 of the Securities Ex-
graph (1)(E). action as a result of the broker’s activities— change Act (15 U.S.C. 78cc) is amended by
(ii) SUBSEQUENT REPORTS.—Each subse- ‘‘(A) that the broker is acting as a private adding at the end the following:
quent report shall include, for the one-year placement broker; ‘‘(d) Subsection (b) shall not apply to a
period ending on the date of submission of ‘‘(B) the amount of any compensation or contract made for a transaction if—
the report— anticipated compensation for services ren- ‘‘(1) the transaction is one in which the
(I) a description and assessment of the ac- dered as a private placement broker in con- issuer engaged the services of a broker or
tivities of the pilot program under paragraph nection with such transaction; dealer that is not registered under this Act
(1)(E); ‘‘(C) the person to whom any such com- with respect to such transaction;
(II) an assessment of the role of the Trau- pensation is made; and ‘‘(2) such issuer received a self-certifi-
matic Brain Injury Center of Excellence and ‘‘(D) any beneficial interest in the issuer, cation from such broker or dealer certifying
partners with respect to improving inter- direct or indirect, of the private placement that such broker or dealer is a registered pri-
nationally approved, evidence-based treat- broker, of a member of the immediate family vate placement broker under section 15(p) or
ment guidelines for severe adult and pedi- of the private placement broker, of an asso- a finder under section 15(q); and
atric traumatic brain injury so as to reduce ciated person of the private placement ‘‘(3) the issuer either did not know that
patient mortality, improve patient level of broker, or of a member of the immediate such self-certification was false or did not
recovery, and reduce long-term care costs in family of such associated person. have a reasonable basis to believe that such
Ukraine; and ‘‘(4) PRIVATE PLACEMENT BROKER DEFINED.— self-certification was false.’’.
(III) any recommendation with respect to In this subsection, the term ‘private place- (c) REMOVAL OF PRIVATE PLACEMENT BRO-
the extension of such pilot program. ment broker’ means a person that— KERS FROM DEFINITIONS OF BROKER.—
(4) AUTHORIZATION OF APPROPRIATIONS.—Of ‘‘(A) receives transaction-based compensa- (1) RECORDS AND REPORTS ON MONETARY IN-
the amounts appropriated by the Ukraine tion— STRUMENTS TRANSACTIONS.—Section 5312 of
Supplemental Appropriations Act, 2022 (divi- ‘‘(i) for effecting a transaction by— title 31, United States Code, is amended in
sion N of Public Law 117–103; 136 Stat. 776) ‘‘(I) introducing an issuer of securities and subsection (a)(2)(G) by inserting ‘‘with the
and the Additional Ukraine Supplemental a buyer of such securities in connection with exception of a private placement broker as
Appropriations Act, 2022 (Public Law 117–128; the sale of a business effected as the sale of defined in section 15(p)(4) of the Securities
136 Stat. 1211), $1,500,000 shall be made avail- securities; or Exchange Act of 1934 (15 U.S.C. 78o(p)(4))’’ be-
able to carry out this subsection. ‘‘(II) introducing an issuer of securities and fore the semicolon at the end.
a buyer of such securities in connection with (2) SECURITIES EXCHANGE ACT OF 1934.—Sec-
SA 6067. Mr. CRAMER submitted an the placement of securities in transactions tion 3(a)(4) of the Securities Exchange Act of
that are exempt from registration require- 1934 (15 U.S.C. 78c(a)(4)) is amended by adding
amendment intended to be proposed to ments under the Securities Act of 1933; and
amendment SA 5499 submitted by Mr. at the end the following:
‘‘(ii) that is not with respect to— ‘‘(G) PRIVATE PLACEMENT BROKERS.—A pri-
REED (for himself and Mr. INHOFE) and ‘‘(I) a class of publicly traded securities; vate placement broker as defined in section
intended to be proposed to the bill H.R. ‘‘(II) the securities of an investment com- 15(p)(4) is not a broker for the purposes of
7900, to authorize appropriations for pany (as defined in section 3 of the Invest- this Act.’’.
fiscal year 2023 for military activities ment Company Act of 1940); or
SEC. lll03. LIMITATIONS ON STATE LAW.
of the Department of Defense, for mili- ‘‘(III) a variable or equity-indexed annuity
Section 15(i) of the Securities Exchange
or other variable or equity-indexed life in-
tary construction, and for defense ac- surance product;
Act of 1934 (15 U.S.C. 78o(i)) is amended—
tivities of the Department of Energy, ‘‘(B) with respect to a transaction for (1) by redesignating paragraph (3) as para-
to prescribe military personnel which such transaction-based compensation graph (4); and
strengths for such fiscal year, and for is received— (2) by inserting after paragraph (2) the fol-
lowing:
other purposes; which was ordered to ‘‘(i) does not handle or take possession of
the funds or securities; and ‘‘(3) PRIVATE PLACEMENT BROKERS AND FIND-
lie on the table; as follows: ERS.—
‘‘(ii) does not engage in an activity that re-
At the appropriate place, insert the fol- ‘‘(A) IN GENERAL.—No State or political
quires registration as an investment adviser
lowing: subdivision thereof may enforce any law,
under State or Federal law; and
TITLE lllll—UNLOCKING CAPITAL ‘‘(C) is not a finder as defined under sub- rule, regulation, or other administrative ac-
FOR SMALL BUSINESSES section (q). tion that imposes greater registration, audit,
SEC. lll01. SHORT TITLE. ‘‘(q) FINDER SAFE HARBOR.— financial recordkeeping, or reporting re-
This title may be cited as the ‘‘Unlocking ‘‘(1) NONREGISTRATION.—A finder is exempt quirements on a private placement broker or
Capital for Small Businesses Act of 2022’’. from the registration requirements of this finder than those that are required under
SEC. lll02. SAFE HARBORS FOR PRIVATE Act. subsections (p) and (q), respectively.
PLACEMENT BROKERS AND FIND- ‘‘(2) NATIONAL SECURITIES ASSOCIATIONS.—A ‘‘(B) DEFINITION OF STATE.—For purposes of
ERS. finder shall not be required to become a this paragraph, the term ‘State’ includes the
(a) IN GENERAL.—Section 15 of the Securi- member of any national securities associa- District of Columbia and each territory of
ties Exchange Act of 1934 (15 U.S.C. 78o) is tion. the United States.’’.
amended by adding at the end the following: ‘‘(3) FINDER DEFINED.—In this subsection,
‘‘(p) PRIVATE PLACEMENT BROKER SAFE the term ‘finder’ means a person described in SA 6068. Mr. CRAMER submitted an
HARBOR.— paragraphs (A) and (B) of subsection (p)(4) amendment intended to be proposed to
‘‘(1) REGISTRATION REQUIREMENTS.—Not that— amendment SA 5499 submitted by Mr.
later than 270 days after the date of the en- ‘‘(A) receives transaction-based compensa- REED (for himself and Mr. INHOFE) and
actment of this subsection the Commission tion of equal to or less than $500,000 in any intended to be proposed to the bill H.R.
shall promulgate regulations with respect to calendar year; 7900, to authorize appropriations for
private placement brokers that are no more ‘‘(B) receives transaction-based compensa-
fiscal year 2023 for military activities
stringent than those imposed on funding por- tion in connection with transactions that re-
tals. Not later than 270 days after the publi- sult in a single issuer selling securities val- of the Department of Defense, for mili-
cation of the proposed regulations in the ued at equal to or less than $15,000,000 in any tary construction, and for defense ac-
Federal Register, the Commission shall pro- calendar year; tivities of the Department of Energy,
mulgate final rules. ‘‘(C) receives transaction-based compensa- to prescribe military personnel
‘‘(2) NATIONAL SECURITIES ASSOCIATIONS.— tion in connection with transactions that re- strengths for such fiscal year, and for
Not later than 270 days after the date of the sult in any combination of issuers selling se- other purposes; which was ordered to
enactment of this subsection the Commis- curities valued at equal to or less than lie on the table; as follows:
sion shall promulgate regulations that re- $30,000,000 in any calendar year; or
At the appropriate place, insert the fol-
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quire the rules of any national securities as- ‘‘(D) receives transaction-based compensa-
lowing:
sociation to allow a private placement tion in connection with fewer than 16 trans-
broker to become a member of such national actions that are not part of the same offer- TITLE lllll—FAIR ACCESS TO
securities association subject to reduced ing or are otherwise unrelated in any cal- BANKING
membership requirements consistent with endar year. SEC. lll01. SHORT TITLE.
this subsection. Not later than 270 days after ‘‘(4) ADJUSTMENT FOR INFLATION.—The This title may be cited as the ‘‘Fair Access
the publication of the proposed regulations amounts described in paragraph (3) shall be to Banking Act’’.
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S5600 CONGRESSIONAL RECORD — SENATE September 29, 2022
SEC. lll02. FINDINGS. (12) anything less is not prudent risk man- network, by contract, requirement, condi-
Congress finds that— agement and may result in unsafe or un- tion, penalty, or otherwise, prohibit or in-
(1) article I of the Constitution of the sound practices, denial of fair access to fi- hibit the ability of any person who is in com-
United States guarantees the people of the nancial services, cancelling, or eliminating pliance with the law, including section
United States the right to enact public pol- certain businesses in society, and have a del- lll08 of this title, to obtain access to serv-
icy through the free and fair election of rep- eterious effect on national security and the ices or products of the payment card net-
resentatives and through the actions of national economy. work because of political or reputational
State legislatures and Congress; SEC. lll03. PURPOSE. risk considerations.
The purposes of this title are to— (c) CIVIL PENALTY.—Any payment card net-
(2) banks rightly objected to the Operation
work that violates subsection (b) shall be as-
Choke Point initiative through which cer- (1) ensure fair access to financial services
sessed a civil penalty by the Comptroller of
tain government agencies pressured banks to and fair treatment of customers by financial
the Currency of not more than 10 percent of
cut off access to financial services to lawful service providers, including national and
the value of the services or products de-
sectors of the economy; state banks, Federal savings associations
scribed in that subsection, not to exceed
(3) banks are now, however, increasingly and State and Federal credit unions;
$10,000 per violation.
employing subjective, category-based eval- (2) ensure banks conduct themselves in a
SEC. lll06. CREDIT UNIONS.
uations to deny certain persons access to fi- safe and sound manner, comply with laws
Section 206(b)(1) of the Federal Credit
nancial services in response to pressure from and regulations, treat their customers fairly,
Union Act (12 U.S.C. 1786) is amended by in-
advocates from across the political spectrum and provide fair access to financial services;
serting ‘‘or is refusing or has refused, or has
whose policy objectives are served when (3) protect against banks being able to im-
a subsidiary that is refusing or has refused,
banks deny certain customers access to fi- pede otherwise lawful commerce and thereby
to do business with any person who is in
nancial services; achieve certain public policy goals;
compliance with the law, including section
(4) the privatization of the discriminatory (4) ensure that persons involved in politi-
lll08 of the Fair Access to Banking Act,’’
practices underlying Operation Choke Point cally unpopular businesses but that are law-
after ‘‘as an insured credit union,’’.
by banks represents as great a threat to the ful under Federal law receive fair access to
SEC. lll07. USE OF AUTOMATED CLEARING
national economy, national security, and the financial services under the law; and HOUSE NETWORK.
soundness of banking and financial markets (5) ensure banks operate in a safe and (a) DEFINITIONS.—In this section:
in the United States as Operation Choke sound manner by making judgments and de- (1) COVERED CREDIT UNION.—The term ‘‘cov-
Point itself; cisions about whether to provide a customer ered credit union’’ means—
(5) banks are supported by the United with financial services on an impartial, indi- (A) any insured credit union, as defined in
States taxpayers and enjoy significant privi- vidualized risk-based analysis using empir- section 101 of the Federal Credit Union Act
leges in the financial system of the United ical data evaluated under quantifiable stand- (12 U.S.C. 1752); or
States and should not be permitted to act as ards. (B) any credit union that is eligible to
de facto regulators or unelected legislators SEC. lll04. ADVANCES TO INDIVIDUAL MEM- make application to become an insured cred-
by withholding financial services to other- BER BANKS.
it union under section 201 of the Federal
wise credit worthy businesses based on sub- (a) MEMBER BANKS.—Section 10B of the Credit Union Act (12 U.S.C. 1781).
jective political reasons, bias or prejudices; Federal Reserve Act (12 U.S.C. 347b) is (2) MEMBER BANK.—The term ‘‘member
(6) banks are not well-equipped to balance amended by adding at the end the following: bank’’ has the meaning given the term in the
risks unrelated to financial exposures and ‘‘(c) PROHIBITION ON USE OF DISCOUNT WIN- third undesignated paragraph of the first
the operations required to deliver financial DOW LENDING PROGRAMS.—No member bank
section of the Federal Reserve Act (12 U.S.C.
services; with more than $10,000,000,000 in total con- 221).
(7) the United States taxpayers came to solidated assets, or subsidiary of the member (b) PROHIBITION.—No covered credit union,
the aid for large banks during the great re- bank, may use a discount window lending member bank, or State-chartered non-mem-
cession of 2008 because they were deemed too program if the member bank or subsidiary ber bank with more than $10,000,000,000 in
important to the national economy to be refuses to do business with any person who is total consolidated assets, or a subsidiary of
permitted to fail; in compliance with the law, including sec- the covered credit union, member bank, or
(8) when a bank predicates the access to fi- tion lll08 of the Fair Access to Banking State-chartered non-member bank, may use
nancial services of a person on factors or in- Act.’’. the Automated Clearing House Network if
formation (such as the lawful products a cus- (b) INSURED DEPOSITORY INSTITUTIONS.— that member bank, credit union, or sub-
tomer manufactures or sells or the services Section 8(a)(2)(A) of the Federal Deposit In- sidiary of the member bank or credit union,
the customer provides) other than quan- surance Act (12 U.S.C. 1818(a)(2)(A)) is refuses to do business with any person who is
titative, impartial risk-based standards, the amended— in compliance with the law, including sec-
bank has failed to act consistent with basic (1) in clause (ii), by striking ‘‘or’’ at the tion lll08 of this title.
principles of sound risk management and end; SEC. lll08. FAIR ACCESS TO FINANCIAL SERV-
failed to provide fair access to financial serv- (2) in clause (iii), by striking the comma at ICES.
ices; the end and inserting ‘‘; or’’; and (a) DEFINITIONS.—In this section:
(9) banks have a responsibility to make de- (3) by adding at the end the following: (1) BANK.—The term ‘‘bank’’—
cisions about whether to provide a person ‘‘(iv) an insured depository institution (A) means an entity for which the Office of
with financial services on the basis of impar- with more than $10,000,000,000 in total con- the Comptroller of the Currency is the ap-
tial criteria free from prejudice or favor- solidated assets, or subsidiary of the insured propriate Federal banking agency, as defined
itism; depository institution, that refuses to do in section 3 of the Federal Deposit Insurance
(10) while fair access to financial services business with any person who is in compli- Act (12 U.S.C. 1813); and
does not obligate a bank to offer any par- ance with the law, including section lll08 (B) includes—
ticular financial service to the public, or to of the Fair Access to Banking Act.’’. (i) member banks;
operate in any particular geographic area, or (c) NONMEMBER BANKS, TRUST COMPANIES, (ii) non-member banks;
to provide a service the bank offers to any AND OTHER DEPOSITORY INSTITUTIONS.—Sec- (iii) covered credit unions;
particular person, it is necessary that— tion 13 of the Federal Reserve Act (12 U.S.C. (iv) State-chartered non-member banks;
(A) the financial services a bank chooses to 342) is amended by inserting ‘‘Provided fur- and
offer in the geographic areas in which the ther, That no such nonmember bank or trust (v) trust companies.
bank operates be made available to all cus- company or other depository institution (2) COVERED BANK.—
tomers based on the quantitative, impartial with more than $10,000,000,000 in total con- (A) IN GENERAL.—The term ‘‘covered bank’’
risk-based standards of the bank, and not solidated assets, or subsidiary of such non- means a bank that has the ability to—
based on whether the customer is in a par- member bank or trust company or other de- (i) raise the price a person has to pay to
ticular category of customers; pository institution, may refuse to do busi- obtain an offered financial service from the
(B) banks assess the risks posed by indi- ness with any person who is in compliance bank or from a competitor; or
vidual customers on a case-by-case basis, with the law, including , including section (ii) significantly impede a person, or the
rather than category-based assessment; and lll08 of the Fair Access to Banking Act:’’ business activities of a person, in favor of or
(C) banks implement controls to manage after ‘‘appropriate:’’. to the advantage of another person.
relationships commensurate with these risks SEC. lll05. PAYMENT CARD NETWORK. (B) PRESUMPTION.—
associated with each customer, not a strat- (a) DEFINITION.—In this section, the term (i) IN GENERAL.—A bank shall not be pre-
egy of total avoidance of particular indus- ‘‘payment card network’’ has the meaning sumed to be a covered bank if the bank has
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tries or categories of customers; given the term in section 921(c) of the Elec- less than $10,000,000,000 in total assets.
(11) banks are free to provide or deny fi- tronic Fund Transfer Act (15 U.S.C. 1693o– (ii) REBUTTABLE PRESUMPTION.—
nancial services to any individual customer, 2(c)). (I) IN GENERAL.—A bank is presumed to be
but first, the banks must rely on empirical (b) PROHIBITION.—No payment card net- a covered bank if the bank has $10,000,000,000
data that are evaluated consistent with the work, including a subsidiary of a payment or more in total assets.
established, impartial risk-management card network, may, directly or through any (II) REBUTTAL.—A bank that meets the cri-
standards of the bank; and agent, processor, or licensed member of the teria under subclause (I) can seek to rebut
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5601
this presumption by submitting to the Office trict court of the United States against any and required to be accessible by Federal and
of the Comptroller of the Currency written covered bank or covered credit union that State agencies under section 7(a)(2) of the
materials that, in the judgement of the agen- violates or fails to comply with the require- Federal Deposit Insurance Act (12 U.S.C.
cy, demonstrate the bank does not meet the ments under this title, for harm that person 1817(a)(2)) or State law, as applicable.
definition of covered bank. suffered as a result of such violation. ‘‘(e) COORDINATION WITH STATE BANKING
(3) COVERED CREDIT UNION.—The term ‘‘cov- (2) NO EXHAUSTION.—It shall not be nec- AGENCIES.—Where a State bank is principal
ered credit union’’ means— essary for a person to exhaust its adminis- shareholder or principal member of a bank
(A) any insured credit union, as defined in trative remedies before commencing a civil service company or where a State bank is
section 101 of the Federal Credit Union Act action under this title. any other shareholder or member of the
(12 U.S.C. 1752); or (3) DAMAGES.—If a person prevails in a civil bank service company, the appropriate Fed-
(B) any credit union that is eligible to action under this title, a court shall award eral banking agency, in carrying out exami-
make application to become an insured cred- the person— nations authorized by this section, shall—
it union under section 201 of the Federal (A) reasonable attorney’s fees and costs; ‘‘(1) provide reasonable and timely notice
Credit Union Act (12 U.S.C. 1781). and to the State banking agency; and
(4) DENY.—The term ‘‘deny’’ means to deny (B) treble damages. ‘‘(2) to the fullest extent possible, coordi-
or refuse to enter into or terminate an exist- nate and avoid duplication of examination
ing financial services relationship with a SA 6069. Mr. CRAMER (for himself activities, reporting requirements, and re-
person. quests for information.’’;
and Ms. WARREN) submitted an amend-
(5) FAIR ACCESS TO FINANCIAL SERVICES.— (E) in subsection (f), as so redesignated, by
ment intended to be proposed to inserting ‘‘, in consultation with State bank-
The term ‘‘fair access to financial services’’
means persons engaged in activities lawful
amendment SA 5499 submitted by Mr. ing agencies,’’ after ‘‘appropriate Federal
under Federal law are able to obtain finan- REED (for himself and Mr. INHOFE) and banking agencies’’; and
cial services at banks without impediments intended to be proposed to the bill H.R. (F) by adding at the end the following:
caused by a prejudice against or dislike for a 7900, to authorize appropriations for ‘‘(g) RULE OF CONSTRUCTION.—Nothing in
person or the business of the customer, prod- fiscal year 2023 for military activities this section shall be construed as granting
ucts or services sold by the person, or favor- authority for a State banking agency to ex-
of the Department of Defense, for mili- amine a bank service company where no
itism for market alternatives to the business tary construction, and for defense ac-
of the person. such authority exists in State law.’’.
(6) FINANCIAL SERVICE.—The term ‘‘finan-
tivities of the Department of Energy, SEC. lll03. DETERMINATION OF BUDGETARY
cial service’’ means a financial product or to prescribe military personnel EFFECTS.
service, including— strengths for such fiscal year, and for The budgetary effects of this title, for the
(A) commercial and merchant banking; other purposes; which was ordered to purpose of complying with the Statutory
(B) lending; lie on the table; as follows: Pay-As-You-Go Act of 2010, shall be deter-
(C) financing; mined by reference to the latest statement
At the appropriate place, insert the fol- titled ‘‘Budgetary Effects of PAYGO Legisla-
(D) leasing; lowing:
(E) cash, asset and investment manage- tion’’ for this title, submitted for printing in
TITLE lllll—BANK SERVICE the Congressional Record by the Chairman of
ment and advisory services;
COMPANY EXAMINATION COORDINATION the House Budget Committee, provided that
(F) credit card services;
(G) payment processing; SEC. lll01. SHORT TITLE. such statement has been submitted prior to
This title may be cited as the ‘‘Bank Serv- the vote on passage.
(H) security and foreign exchange trading
and brokerage services; and ice Company Examination Coordination Act
of 2022’’. SA 6070. Mr. INHOFE (for himself
(I) insurance products.
(7) MEMBER BANK.—The term ‘‘member SEC. lll02. BANK SERVICE COMPANY ACT IM- and Ms. DUCKWORTH) submitted an
bank’’ has the meaning given the term in the PROVEMENTS. amendment intended to be proposed to
third undesignated paragraph of the first The Bank Service Company Act (12 U.S.C. amendment SA 5499 submitted by Mr.
section of the Federal Reserve Act (12 U.S.C. 1861 et seq.) is amended— REED (for himself and Mr. INHOFE) and
221). (1) in section 1(b)— intended to be proposed to the bill H.R.
(8) PERSON.—The term ‘‘person’’— (A) by redesignating paragraphs (2) 7900, to authorize appropriations for
(A) means— through (9) as paragraphs (3) through (10), re- fiscal year 2023 for military activities
(i) any natural person; or spectively; and of the Department of Defense, for mili-
(ii) any partnership, corporation, or other (B) by inserting after paragraph (1) the fol-
lowing:
tary construction, and for defense ac-
business or legal entity; and
‘‘(2) the term ‘State banking agency’ shall tivities of the Department of Energy,
(B) includes a customer.
(b) REQUIREMENTS.— have the same meaning given the term to prescribe military personnel
(1) IN GENERAL.—To provide fair access to ‘State Bank Supervisor’ under section 3 of strengths for such fiscal year, and for
financial services, a covered bank, including the Federal Deposit Insurance Act;’’; other purposes; which was ordered to
a subsidiary of a covered bank, shall, except (2) in section 5(a), by inserting ‘‘, in con- lie on the table; as follows:
as necessary to comply with another provi- sultation with the State banking agency,’’ At the appropriate place, insert the fol-
sion of law— after ‘‘banking agency’’; and lowing:
(A) make each financial service it offers (3) in section 7— SEC. ll. FEDERAL CHARTER FOR THE NA-
available to all persons in the geographic (A) in subsection (a)— TIONAL CENTER FOR THE ADVANCE-
market served by the covered bank on pro- (i) in the first sentence, by inserting ‘‘or MENT OF AVIATION.
portionally equal terms; State banking agency’’ after ‘‘appropriate (a) SHORT TITLE.—This section may be
(B) not deny any person a financial service Federal banking agency’’; and cited as the ‘‘National Center for the Ad-
the covered bank offers unless the denial is (ii) in the second sentence, by striking vancement of Aviation Act of 2022’’.
justified by such quantified and documented ‘‘Federal banking agency that supervises any (b) IN GENERAL.—Chapter 1 of title 49,
failure of the person to meet quantitative, other shareholder or member’’ and inserting United States Code, is amended by adding at
impartial risk-based standards established in ‘‘Federal or State banking agency that su- the end the following:
advance by the covered bank; pervises any other shareholder or member’’; ‘‘§ 120. National Center for the Advancement
(C) not deny, in coordination with or at the (B) in subsection (c)— of Aviation
request of others, any person a financial (i) by inserting ‘‘or a State banking agen- ‘‘(a) FEDERAL CHARTER AND STATUS.—
service the covered bank offers; and cy’’ after ‘‘appropriate Federal banking ‘‘(1) IN GENERAL.—The National Center for
(D) when denying any person financial agency’’; and the Advancement of Aviation (in this section
services the covered bank offers, to provide (ii) by striking ‘‘such agency’’ each place referred to as the ‘Center’) is a federally
written justification to the person explain- such term appears and inserting ‘‘such Fed- chartered entity. The Center is a private
ing the basis for the denial, including any eral or State agency’’; independent entity, not a department, agen-
specific laws or regulations the covered bank (C) by redesignating subsection (d) as sub- cy, or instrumentality of the United States
believes are being violated by the person or section (f); Government or a component thereof. Except
customer, if any. (D) by inserting after subsection (c) the as provided in subsection (f)(1), an officer or
(2) JUSTIFICATION REQUIREMENT.—A jus- following: employee of the Center is not an officer or
tification described in paragraph (1)(D) may ‘‘(d) AVAILABILITY OF INFORMATION.—Infor- employee of the Federal Government.
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not be based solely on the reputational risk mation obtained pursuant to the regulation ‘‘(2) PERPETUAL EXISTENCE.—Except as oth-
to the depository institution. and examination of service providers under erwise provided, the Center shall have per-
(c) CAUSE OF ACTION FOR VIOLATIONS OF this section or applicable State law may be petual existence.
THIS SECTION.— furnished by and accessible to Federal and ‘‘(b) GOVERNING BODY.—
(1) IN GENERAL.—Notwithstanding any State agencies to the same extent that su- ‘‘(1) IN GENERAL.—The Board of Directors
other provision of law, a person may com- pervisory information concerning depository (in this section referred to as the ‘Board’) is
mence a civil action in the appropriate dis- institutions is authorized to be furnished to the governing body of the Center.
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S5602 CONGRESSIONAL RECORD — SENATE September 29, 2022
‘‘(2) AUTHORITY OF POWERS.— members of the Board that are not ex-officio ‘‘(c) PURPOSE OF THE CENTER.—The purpose
‘‘(A) IN GENERAL.—The Board shall adopt a members under paragraph (3)(A)(i). of the Center is to—
constitution, bylaws, regulations, policies, ‘‘(5) ADMINISTRATIVE MATTERS.— ‘‘(1) develop a skilled and robust U.S. avia-
and procedures to carry out the purpose of ‘‘(A) MEETINGS.— tion and aerospace workforce;
the Center and may take any other action ‘‘(i) IN GENERAL.—The Board shall meet at ‘‘(2) provide a forum to support collabora-
that it considers necessary (in accordance the call of the Chair but not less than 2 tion and cooperation between governmental,
with the duties and powers of the Center) for times each year and may, as appropriate, non-governmental, and private aviation and
the management and operation of the Cen- conduct business by telephone or other elec- aerospace sector stakeholders regarding the
ter. The Board is responsible for the general tronic means. advancement of the U.S. aviation and aero-
policies and management of the Center and ‘‘(ii) OPEN.— space workforce, including general, business,
for the control of all funds of the Center. ‘‘(I) IN GENERAL.—Except as provided in and commercial aviation, education, labor,
‘‘(B) POWERS OF BOARD.—The Board shall subclause (II), a meeting of the Board shall manufacturing and international organiza-
have the power to do the following: be open to the public. tions; and
‘‘(i) Adopt and alter a corporate seal. ‘‘(II) EXCEPTION.—A meeting, or any por- ‘‘(3) serve as a repository for research con-
‘‘(ii) Establish and maintain offices to con- tion of a meeting, may be closed if the ducted by institutions of higher education,
duct its activities. Board, in public session, votes to close the research institutions, or other stakeholders
‘‘(iii) Enter into contracts or agreements meeting because the matters to be dis- regarding the aviation and aerospace work-
as a private entity not subject to the re- cussed— force, or related technical and skill develop-
quirements of title 41. ‘‘(aa) relate solely to the internal per- ment.
‘‘(iv) Acquire, own, lease, encumber, and sonnel rules and practices of the Center; ‘‘(d) DUTIES OF THE CENTER.—In order to
transfer property as necessary and appro- ‘‘(bb) may result in disclosure of commer- accomplish the purpose described in sub-
priate to carry out the purposes of the Cen- cial or financial information obtained from a section (c), the Center shall perform the fol-
ter. person that is privileged or confidential; lowing duties:
‘‘(v) Publish documents and other publica- ‘‘(cc) may disclose information of a per- ‘‘(1) Improve access to aviation and aero-
tions in a publicly accessible manner. sonal nature where disclosure would con- space education and related skills training
‘‘(vi) Incur and pay obligations as a private stitute a clearly unwarranted invasion of to help grow the U.S. aviation and aerospace
entity not subject to the requirements of personal privacy; or workforce, including—
title 31. ‘‘(dd) are matters that are specifically ex- ‘‘(A) assessing the current U.S. aviation
‘‘(vii) Make or issue grants and include any empted from disclosure by Federal or State and aerospace workforce challenges and
conditions on such grants in furtherance of law. identifying actions to address these chal-
the purpose and duties of the Center. ‘‘(iii) PUBLIC ANNOUNCEMENT.—At least 1 lenges, including by developing a comprehen-
‘‘(viii) Perform any other act necessary week before a meeting of the Board, and as sive workforce strategy;
and proper to carry out the purposes of the soon as practicable thereafter if there are ‘‘(B) establishing scholarship, apprentice-
Center as described in its constitution and any changes to the information described in ship, internship or mentorship programs for
bylaws or duties outlined in this section. subclauses (I) through (III), the Board shall individuals who wish to pursue a career in an
‘‘(3) MEMBERSHIP OF THE BOARD.— make a public announcement of the meeting aviation- or aerospace-related field, includ-
‘‘(A) IN GENERAL.—The Board shall have 11 that describes— ing individuals in economically disadvan-
Directors as follows: ‘‘(I) the time, place, and subject matter of taged areas or individuals who are members
‘‘(i) EX-OFFICIO MEMBERSHIP.—The fol- the meeting; of underrepresented groups in the aviation
lowing individuals, or their designees, shall ‘‘(II) whether the meeting is to be open or and aerospace sector;
be considered ex-officio members of the closed to the public; and ‘‘(C) supporting the development of avia-
Board: ‘‘(III) the name and appropriate contact in- tion and aerospace education curricula, in-
‘‘(I) The Administrator of the Federal formation of a person who can respond to re- cluding syllabi, training materials, and les-
Aviation Administration. quests for information about the meeting. son plans, for use by middle schools and high
‘‘(II) The Executive Director, pursuant to ‘‘(iv) RECORD.—The Board shall keep a schools, institutions of higher education,
paragraph (5)(D). transcript of minutes from each Board meet- secondary education institutions, or tech-
‘‘(ii) APPOINTMENTS.— ing. Such transcript shall be made available nical training and vocational schools; and
‘‘(I) IN GENERAL.—From among those mem- to the public in an accessible format, except ‘‘(D) building awareness of youth-oriented
bers of the public who are highly respected for portions of the meeting that are closed aviation and aerospace programs and other
and have knowledge and experience in the pursuant to subparagraph (A)(ii)(II). outreach programs.
fields of aviation, finance, or academia— ‘‘(B) QUORUM.—A majority of members of ‘‘(2) Support the personnel or veterans of
‘‘(aa) the Secretary of Transportation shall the Board shall constitute a quorum. the Armed Forces seeking to transition to a
appoint 5 members to the Board; ‘‘(C) RESTRICTION.—No member of the career in civil aviation or aerospace through
‘‘(bb) the Secretary of Defense shall ap- Board shall participate in any proceeding, outreach, training, apprenticeships, or other
point 1 member to the Board; application, ruling or other determination, means.
‘‘(cc) the Secretary of Veterans Affairs contract claim, scholarship award, con- ‘‘(3) Amplify and support the research and
shall appoint 1 member to the Board; troversy, or other matter in which the mem- development efforts conducted as part of the
‘‘(dd) the Secretary of Education shall ap- ber, the member’s employer or prospective National Aviation Research Plan, as re-
point 1 member to the Board; employer, or the member’s spouse, partner, quired under section 44501(c), and work done
‘‘(ee) the Administrator of the National or minor child has a direct financial interest. at the Centers of Excellence and Technical
Aeronautics and Space Administration shall Any person who violates this subparagraph Centers of the Federal Aviation Administra-
appoint 1 member to the Board. may be fined not more than $10,000, impris- tion regarding the aviation and aerospace
‘‘(II) TERMS.— oned for not more than 2 years, or both. workforce, or related technical and skills de-
‘‘(aa) IN GENERAL.—The members appointed ‘‘(D) EXECUTIVE DIRECTOR.—The Board velopment, including organizing and hosting
under subclause (I) shall serve for a term of shall appoint and fix the pay of an Executive symposiums, conferences, and other forums
3 years and may be reappointed. Director of the Center (in this section re- as appropriate, between the Federal Aviation
‘‘(bb) STAGGERING TERMS.—To ensure sub- ferred to as the ‘Executive Director’) who Administration, aviation and aerospace
sequent appointments to the Board are stag- shall— stakeholders, and other interested parties, to
gered, of the 9 members first appointed under ‘‘(i) serve as a Member of the Board; discuss current and future research efforts
subclause (I), 3 shall be appointed for a term ‘‘(ii) serve at the pleasure of the Board, and technical work.
of 1 year, 3 shall be appointed for a term of under such terms and conditions as the ‘‘(e) GRANTS.—
2 years, and 3 shall be appointed for a term Board shall establish; ‘‘(1) IN GENERAL.—In order to accomplish
of 3 years. ‘‘(iii) is subject to removal by the Board at the purpose under subsection (c) and duties
‘‘(III) CONSIDERATION.—In considering the discretion of the Board; and under subsection (d), the Center may issue
whom to appoint to the Board, the Secre- ‘‘(iv) be responsible for the daily manage- grants to eligible entities to—
taries and Administrator referenced in sub- ment and operation of the Center and for ‘‘(A) create, develop, deliver, or update—
clause (I) shall, to the maximum extent carrying out the purposes and duties of the ‘‘(i) middle and high school aviation cur-
practicable, ensure the overall composition Center. ricula, including syllabi, training materials,
of the Board adequately represents the fields ‘‘(E) APPOINTMENT OF PERSONNEL.—The equipment and lesson plans, that are de-
of aviation and academia. Board shall designate to the Executive Di- signed to prepare individuals to become air-
‘‘(B) VACANCIES.—A vacancy on the Board rector the authority to appoint additional craft pilots, aerospace engineers, unmanned
dlhill on DSK120RN23PROD with SENATE
shall be filled in the same manner as the ini- personnel as the Board considers appropriate aircraft system operators, aviation mainte-
tial appointment. and necessary to carry out the purposes and nance technicians, or other aviation mainte-
‘‘(C) STATUS.—All Members of the Board duties of the Center. nance professionals, or to support the con-
shall have equal voting powers, regardless if ‘‘(F) PUBLIC INFORMATION.—Nothing in this tinuing education of any of the aforemen-
they are ex-officio members or appointed. section may be construed to withhold disclo- tioned individuals; or
‘‘(4) CHAIR OF THE BOARD.—The Board shall sure of information or records that are sub- ‘‘(ii) aviation curricula, including syllabi,
choose a Chair of the Board from among the ject to disclosure under section 552 of title 5. training materials, equipment and lesson
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5603
plans, used at institutions of higher edu- in furtherance of the purpose and duties of Board. Once established, the membership of
cation, secondary education institutions, or the Center. such working group shall choose a Chair
by technical training and vocational schools, ‘‘(4) VOLUNTARY SERVICES.—The Center from among the members of the working
that are designed to prepare individuals to may accept from any person voluntary serv- group by majority vote.
become aircraft pilots, aerospace engineers, ices to be provided in furtherance of the pur- ‘‘(3) TERMINATION.—Unless determined oth-
unmanned aircraft system operators, avia- pose and duties of the Center. erwise by the Board, any working group es-
tion maintenance technicians, or other avia- ‘‘(g) RESTRICTIONS OF THE CENTER.— tablished by the Board under this subsection
tion maintenance professionals, or to refresh ‘‘(1) PROFIT.—The Center may not engage shall be constituted for a time period of not
the knowledge of any of the aforementioned in business activity for profit. more than 3 years.
individuals; or ‘‘(2) STOCKS AND DIVIDENDS.—The Center ‘‘(j) RECORDS OF ACCOUNTS.—The Center
‘‘(B) support the professional development may not issue any shares of stock or declare shall keep correct and complete records of
of educators using the curriculum in sub- or pay any dividends. accounts.
paragraph (A); ‘‘(3) POLITICAL ACTIVITIES.—The Center ‘‘(k) DUTY TO MAINTAIN TAX-EXEMPT STA-
‘‘(C) establish new education programs shall be nonpolitical and may not provide fi- TUS.—The Center shall be operated in a man-
that teach technical skills used in aviation nancial aid or assistance to, or otherwise ner and for purposes that qualify the Center
maintenance, including purchasing equip- contribute to or promote the candidacy of, for exemption from taxation under the Inter-
ment, or to improve existing programs; any individual seeking elective public office nal Revenue Code as an organization de-
‘‘(D) establish scholarships, internships or or political party. The Center may not en- scribed in section 501(c)(3) of such Code.
apprenticeships for individuals pursuing em- gage in activities that are, directly, or indi- ‘‘(l) ANNUAL REPORT.—The Board shall sub-
ployment in the aviation maintenance indus- rectly, intended to be or likely to be per- mit an annual report to the appropriate com-
try; ceived as advocating or influencing the legis- mittees of Congress that, at minimum,—
‘‘(E) support outreach about educational lative process. ‘‘(1) includes a review and examination of—
opportunities and careers in the aviation ‘‘(4) DISTRIBUTION OF INCOME OR ASSETS.— ‘‘(A) the activities performed as set forth
maintenance industry, including in economi- The assets of the Center may not inure to in subsections (d) and (e) during the prior fis-
cally disadvantaged areas; or the benefit of any member of the Board, or cal year;
‘‘(F) support the transition to careers in any officer or employee of the Center or be ‘‘(B) the advisory committee as described
aviation maintenance, including for mem- distributed to any person. This subsection under subsection (h); and
bers of the Armed Forces. does not prevent the payment of reasonable ‘‘(C) the working groups as described under
‘‘(2) ELIGIBLE ENTITIES.—An eligible entity compensation to any officer, employee, or subsection (i); and
under this subsection includes— other person or reimbursement for actual ‘‘(2) provides recommendations to improve
‘‘(A) an air carrier, as defined in section and necessary expenses in amounts approved the role, responsibilities, and functions of
40102, an air carrier engaged in intrastate or by the Board. the Center to achieve the purpose set forth
intra-U.S. territorial operations, an air car- ‘‘(5) LOANS.—The Center may not make a in subsection (c).
rier engaged in commercial operations cov- loan to any member of the Board or any offi- ‘‘(m) AUDIT BY THE DEPARTMENT OF TRANS-
ered by part 135 or part 91 of title 14, Code of cer or employee of the Center. PORTATION INSPECTOR GENERAL.—
Federal Regulations, operations, or a labor ‘‘(6) NO CLAIM OF GOVERNMENTAL APPROVAL ‘‘(1) IN GENERAL.—Not later than 2 years
organization representing aircraft pilots; OR AUTHORITY.—The Center may not claim after the date on which the Center is estab-
‘‘(B) an accredited institution of higher approval of Congress or of the authority of lished under subsection (a), the inspector
education or a high school or secondary the United States for any of its activities. general of the Department of Transportation
school (as defined in section 8101 of the High- ‘‘(h) ADVISORY COMMITTEE.— shall conduct a review of the Center.
er Education Act of 1965 (20 U.S.C. 7801)); ‘‘(1) IN GENERAL.—The Executive Director ‘‘(2) CONTENTS.—The review shall—
‘‘(C) a flight school that provides flight shall appoint members to an advisory com- ‘‘(A) include, at a minimum—
training, as defined in part 61 of title 14, mittee subject to approval by the Board. ‘‘(i) an evaluation of the efforts taken at
Code of Federal Regulations, or that holds a Members of the Board may not sit on the ad- the Center to achieve the purpose set forth
pilot school certificate under part 141 of title visory committee. in subsection (c); and
14, Code of Federal Regulations; ‘‘(2) MEMBERSHIP.—The advisory com- ‘‘(ii) the recommendations provided by the
‘‘(D) a State or local governmental entity; mittee shall consist of 15 members who rep- Board in subsection (l)(2); and
or resent various aviation industry and labor ‘‘(B) provide any other information that
‘‘(E) an organization representing aircraft stakeholders, stakeholder associations, and the inspector general determines is appro-
users, aircraft owners, or aircraft pilots; others as determined appropriate by the priate.
‘‘(F) a holder of a certificate issued under Board. The advisory committee shall select a ‘‘(3) REPORT ON AUDIT.—
part 21, 121, 135, or 145 of title 14, Code of Chair and Vice Chair from among its mem- ‘‘(A) REPORT TO SECRETARY.—Not later
Federal Regulations or a labor organization bers by majority vote. Members of the advi- than 30 days after the date of completion of
representing aviation maintenance workers; sory committee shall be appointed for a term the audit, the inspector general shall submit
or of 5 years. to the Secretary a report on the results of
‘‘(G) other organizations at the discretion ‘‘(3) DUTIES.—The advisory committee the audit.
of the Board. shall— ‘‘(B) REPORT TO CONGRESS.—Not later than
‘‘(3) LIMITATION.—No organization that re- ‘‘(A) provide recommendations to the 60 days after the date of receipt of the report
ceives a grant under this section may sell or Board on an annual basis regarding the pri- under subparagraph (A), the Secretary shall
make a profit from the creation, develop- orities for the activities of the Center; submit to the appropriate committees of
ment, delivery, or updating of high school ‘‘(B) consult with the Board on an ongoing Congress a copy of the report, together with,
aviation curricula. basis regarding the appropriate powers of the if appropriate, a description of any actions
‘‘(f) ADMINISTRATIVE MATTERS OF THE CEN- Board to accomplish the purposes and duties taken or to be taken to address the results of
TER.— of the Center; the audit.
‘‘(1) DETAILEES.— ‘‘(C) provide relevant data and information ‘‘(n) FUNDING.—
‘‘(A) IN GENERAL.—At the request of the to the Center in order to carry out the duties ‘‘(1) IN GENERAL.—In order to carry out this
Center, the head of any Federal agency or set forth in subsection (d); and section, notwithstanding any other provision
department may, at the discretion of such ‘‘(D) nominate United States citizens for of law, an amount equal to 3 percent of the
agency or department, detail to the Center, consideration by the Board to be honored an- interest from investment credited to the Air-
on a reimbursable basis, any employee of the nually by the Center for such citizens’ ef- port and Airway Trust Fund shall be trans-
agency or department. forts in promoting U.S. aviation or aviation ferred annually from the Airport and Airway
‘‘(B) CIVIL SERVANT STATUS.—The detail of education and enhancing the aviation work- Trust Fund as a direct lump sum payment on
an employee under subparagraph (A) shall be force in the United States. the first day of October to the Center to
without interruption or loss of civil service ‘‘(4) MEETINGS.—The provisions for meet- carry out this section and shall be available
status or privilege. ings of the Board under subsection (b)(5) until expended without further act of appro-
‘‘(2) NAMES AND SYMBOLS.—The Center may shall apply as similarly as is practicable to priation.
accept, retain, and use proceeds derived from meetings of the advisory committee. ‘‘(2) CALCULATION.—In carrying out para-
the Center’s use of the exclusive right to use ‘‘(i) WORKING GROUPS.— graph (1), the Secretary of the Treasury shall
its name and seal, emblems, and badges in- ‘‘(1) IN GENERAL.—The Board may establish calculate the transfer of funding based on
corporating such name as lawfully adopted and appoint the membership of the working the estimates of revenues into the Airport
by the Board in furtherance of the purpose groups as determined necessary and appro- and Airway Trust Fund from the previous
dlhill on DSK120RN23PROD with SENATE
and duties of the Center. priate to achieve the purpose of the Center fiscal year.
‘‘(3) GIFTS, GRANTS, BEQUESTS, AND DE- under subsection (c). ‘‘(o) EXCEPTION.—The Secretary of Trans-
VISES.—The Center may accept, retain, use, ‘‘(2) MEMBERSHIP.—Any working group es- portation may temporarily waive expendi-
and dispose of gifts, grants, bequests, or de- tablished by the Board shall have members tures or obligations under subsection (n) in
vises of money, services, or property from representing various aviation industry and the case of—
any public or private source for the purpose labor stakeholders, stakeholder associations, ‘‘(1) an appropriation measure for a fiscal
of covering the costs incurred by the Center and others, as determined appropriate by the year is not enacted before the beginning of
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S5604 CONGRESSIONAL RECORD — SENATE September 29, 2022
such fiscal year or a joint resolution making Federal National Mortgage Association for (d) DURATION.—The Secretary shall carry
continuing appropriations is not in effect; or the purchase or securitization of cooperative out the pilot program required by subsection
‘‘(2) a national emergency or other signifi- housing loans.’’. (a) during the five-year period beginning on
cant event that results in a significant loss (b) AUTHORITY TO ADVERTISE.—The Sec- the date of the commencement of the pilot
in total funding to the Airport and Airway retary of Veterans Affairs shall use the au-
program.
Trust Fund, as determined by the Secretary. thority of the Secretary under section 532 of
‘‘(p) DEFINITIONS.—In this section: title 38, United States Code, to advertise the (e) LOCATIONS.—
‘‘(1) APPROPRIATE COMMITTEES OF CON- availability of loan guarantees for housing (1) IN GENERAL.—The Secretary shall carry
GRESS.—The term ‘appropriate committees cooperative share loans under section out the pilot program at not fewer than five
of Congress’ means the Committee on Trans- 3710(a)(12) of such title and shall take such locations selected by the Secretary for pur-
portation and Infrastructure of the House of other appropriate actions as may be nec- poses of the pilot program.
Representatives and the Committee on Com- essary, including by the issuance of guid- (2) EXISTING INITIATIVE.—Of the locations
merce, Science, and Transportation of the ance, to notify eligible veterans, partici- selected under paragraph (1), four of which
Senate. pating lenders, and interested realtors of the shall be the locations participating in the
‘‘(2) INSTITUTION OF HIGHER EDUCATION.— availability of such loan guarantees and the initiative required under section 104 of the
The term ‘institution of higher education’ procedures and requirements that apply to Honoring America’s Veterans and Caring for
has the meaning given such term in section the obtaining of such guarantees. Camp Lejeune Families Act of 2012 (Public
101 of the Higher Education Act of 1965 (20 Law 112–154; 126 Stat. 1169) as of the date of
U.S.C. 1001). SA 6072. Mr. TESTER (for himself the enactment of this Act.
‘‘(3) STEM.—The term ‘STEM’ means and Mr. MORAN) submitted an amend- (f) ANNUAL REPORTS.—
science, technology, engineering, and mathe- ment intended to be proposed to (1) IN GENERAL.—Not later than one year
matics.’’. amendment SA 5499 submitted by Mr. after the date of the commencement of the
(c) CLERICAL AMENDMENT.—The analysis REED (for himself and Mr. INHOFE) and pilot program required by subsection (a) and
for chapter 1 of title 49, United States Code, each year thereafter for the duration of the
is amended by inserting after the item relat-
intended to be proposed to the bill H.R.
7900, to authorize appropriations for pilot program, the Secretary shall submit to
ing to section 119 the following: the Committee on Veterans’ Affairs of the
‘‘120. National Center for the Advancement fiscal year 2023 for military activities Senate and the Committee on Veterans’ Af-
of Aviation.’’. of the Department of Defense, for mili- fairs of the House of Representatives a re-
(d) EXPENDITURE AUTHORITY FROM THE AIR- tary construction, and for defense ac- port on the findings of the Secretary with re-
PORT AND AIRWAYS TRUST FUND.—Section tivities of the Department of Energy, spect to the pilot program.
9502(d)(1)(A) of the Internal Revenue Code of to prescribe military personnel (2) CONTENTS.—Each report submitted
1986 is amended by striking the semicolon at strengths for such fiscal year, and for under paragraph (1) shall include the fol-
the end and inserting ‘‘or the National Cen- lowing:
other purposes; which was ordered to
ter for the Advancement of Aviation Act of (A) The number of individuals who bene-
2022;’’. lie on the table; as follows:
fitted from the pilot program, disaggregated
(e) PREVENTION OF DUPLICATIVE PRO- At the end of subtitle G of title X, add the
by age, race or ethnicity, and sex, to the ex-
GRAMS.—The Board of Directors of the Na- following:
tent possible.
tional Center for the Advancement of Avia- SEC. 1077. PILOT PROGRAM FOR TRAVEL COST
(B) The average distance traveled by each
tion established under section 120 of title 49, REIMBURSEMENT FOR VETERANS
ACCESSING READJUSTMENT COUN- individual to a Vet Center under the pilot
United States Code (as added by subsection program.
SELING SERVICES.
(b) of this section), shall coordinate with the (C) The definition of financial hardship de-
(a) PILOT PROGRAM REQUIRED.—Not later
Administrator of the Federal Aviation Ad- termined by the Secretary under subsection
than 270 days after the date of the enactment
ministration to prevent any programs of the (b)(2)(B).
of this Act, the Secretary of Veterans Affairs
Center from duplicating programs estab- (D) A description of how funds are distrib-
shall establish and commence a pilot pro-
lished under section 625 of the FAA Reau- uted under the pilot program.
gram, within the Readjustment Counseling
thorization Act of 2018 (49 U.S.C. 40101 note). (E) The average amount of funds distrib-
Service of the Veterans Health Administra-
tion, to assess the feasibility and advis- uted per instance, disaggregated by Vet Cen-
SA 6071. Mr. SCHUMER submitted an ter.
ability of providing payment to cover or off-
amendment intended to be proposed to (F) A description of any impediments to
set financial difficulties of an individual in
amendment SA 5499 submitted by Mr. accessing or using transportation to and the Secretary in paying expenses or allow-
REED (for himself and Mr. INHOFE) and from the nearest Vet Center providing the ances under the pilot program.
intended to be proposed to the bill H.R. necessary readjustment counseling services (G) An assessment of the potential for
7900, to authorize appropriations for for the plan of service of the individual. fraudulent receipt of payment under the
fiscal year 2023 for military activities (b) PARTICIPATION.— pilot program and the recommendations of
(1) IN GENERAL.—In carrying out the pilot the Secretary for legislative or administra-
of the Department of Defense, for mili-
program required by subsection (a), the Sec- tive action to reduce such fraud.
tary construction, and for defense ac- (H) Such recommendations for legislative
retary shall limit participation—
tivities of the Department of Energy, (A) by individuals pursuant to paragraph or administrative action as the Secretary
to prescribe military personnel (2); and considers appropriate with respect to the
strengths for such fiscal year, and for (B) by Vet Centers pursuant to paragraph payment of such expenses or allowances.
other purposes; which was ordered to (3). (g) VET CENTER DEFINED.—In this section,
lie on the table; as follows: (2) PARTICIPATION BY INDIVIDUALS.— the term ‘‘Vet Center’’ means a center for re-
At the appropriate place in title X, insert (A) IN GENERAL.—The Secretary shall limit adjustment counseling and related mental
the following: participation in the pilot program to individ-
health services for veterans under section
SEC. ll. IMPROVEMENT OF DEPARTMENT OF uals who are—
(i) eligible for services at a Vet Center par- 1712A of title 38, United States Code.
VETERANS AFFAIRS LOAN GUAR-
ANTEE FOR PURCHASE OF RESIDEN- ticipating in the pilot program; and
TIAL COOPERATIVE HOUSING UNITS. (ii) experiencing financial hardship. SA 6073. Mr. TESTER submitted an
(a) IN GENERAL.—Section 3710 of title 38, (B) FINANCIAL HARDSHIP.—The Secretary
United States Code, is amended— shall determine the meaning of ‘‘financial amendment intended to be proposed to
(1) in subsection (a)(12), by striking ‘‘With hardship’’ for purposes of subparagraph amendment SA 5499 submitted by Mr.
respect to a loan guaranteed after the date of (A)(ii). REED (for himself and Mr. INHOFE) and
the enactment of this paragraph and before (3) PARTICIPATION OF VET CENTERS.—Vet intended to be proposed to the bill H.R.
the date that is five years after that date, Centers participating in the program shall be
7900, to authorize appropriations for
to’’ and inserting ‘‘To’’; and chosen by the Secretary from among those
(2) by striking subsection (h) and inserting Vet Centers serving individuals in areas des- fiscal year 2023 for military activities
the following new subsection (h): ignated by the Secretary as rural, highly of the Department of Defense, for mili-
‘‘(h) A loan may not be guaranteed under rural, or Tribal land. tary construction, and for defense ac-
subsection (a)(12) before the date on which (c) TRAVEL ALLOWANCES AND REIMBURSE- tivities of the Department of Energy,
the Secretary prescribes regulations setting MENTS.—Under the pilot program required by
to prescribe military personnel
dlhill on DSK120RN23PROD with SENATE
forth requirements for underwriting, loan subsection (a), the Secretary shall provide a
processing, project standards, share eligi- participating individual a travel allowance strengths for such fiscal year, and for
bility, valuation, and other criteria the Sec- or reimbursement at the earliest time prac- other purposes; which was ordered to
retary determines necessary. The Secretary ticable, but not later than 10 business days lie on the table; as follows:
shall ensure that such regulations are con- before the date of the appointment for which
sistent, to the extent the Secretary deter- such allowance or reimbursement is to be At the end of subtitle E of title V, add the
mines suitable, with the requirements of the used. following:
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5605
SEC. 564. IMPROVEMENT OF AUTHORITY ON LAN- 7900, to authorize appropriations for the date of the enactment of this Act and
GUAGE TRAINING CENTERS FOR shall apply to payments for months begin-
MEMBERS OF THE ARMED FORCES
fiscal year 2023 for military activities
of the Department of Defense, for mili- ning on or after that date.
AND CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE. tary construction, and for defense ac- SA 6076. Mr. TESTER (for himself
(a) IN GENERAL.—Subsection (a) of section tivities of the Department of Energy, and Ms. MURKOWSKI) submitted an
529 of the National Defense Authorization to prescribe military personnel
Act for Fiscal Year 2010 (10 U.S.C. 2001 note
amendment intended to be proposed to
strengths for such fiscal year, and for amendment SA 5499 submitted by Mr.
prec.) is amended by striking ‘‘may carry
out’’ and inserting ‘‘shall carry out’’.
other purposes; which was ordered to REED (for himself and Mr. INHOFE) and
(b) CONFORMING AMENDMENTS.—Such sec- lie on the table; as follows: intended to be proposed to the bill H.R.
tion is further amended by striking ‘‘author- At the end of subtitle D of title VI, add the 7900, to authorize appropriations for
ized by subsection (a)’’ each place it appears following: fiscal year 2023 for military activities
and inserting ‘‘required by subsection (a)’’. SEC. 632. ELIGIBILITY OF DISABILITY RETIREES of the Department of Defense, for mili-
WITH FEWER THAN 20 YEARS OF
SERVICE AND A COMBAT-RELATED
tary construction, and for defense ac-
SA 6074. Mr. TESTER (for himself tivities of the Department of Energy,
DISABILITY FOR CONCURRENT RE-
and Mr. MORAN) submitted an amend- CEIPT OF VETERANS’ DISABILITY to prescribe military personnel
ment intended to be proposed to COMPENSATION AND RETIRED PAY. strengths for such fiscal year, and for
amendment SA 5499 submitted by Mr. (a) CONCURRENT RECEIPT IN CONNECTION other purposes; which was ordered to
REED (for himself and Mr. INHOFE) and WITH CSRC.—Section 1413a(b)(3)(B) of title lie on the table; as follows:
intended to be proposed to the bill H.R. 10, United States Code, is amended by strik- At the end of subtitle G of title X, add the
7900, to authorize appropriations for ing ‘‘creditable service,’’ and all that follows following:
fiscal year 2023 for military activities and inserting the following: ‘‘creditable serv- SEC. 1077. TECHNICAL CORRECTION TO ELIGI-
ice— BILITY FOR COUNSELING AND
of the Department of Defense, for mili- ‘‘(i) the retired pay of the retiree is not TREATMENT FOR MILITARY SEXUAL
tary construction, and for defense ac- subject to reduction under sections 5304 and TRAUMA TO INCLUDE ALL FORMER
tivities of the Department of Energy, 5305 of title 38; and MEMBERS OF THE RESERVE COMPO-
to prescribe military personnel ‘‘(ii) no monthly amount shall be paid the NENTS OF THE ARMED FORCES.
strengths for such fiscal year, and for retiree under subsection (a).’’. Section 1720D of title 38, United States
(b) CONCURRENT RECEIPT GENERALLY.—Sec- Code, is amended—
other purposes; which was ordered to (1) in subsection (a)—
lie on the table; as follows: tion 1414(b)(2) of title 10, United States Code,
is amended by striking ‘‘Subsection (a)’’ and (A) in paragraph (1), by striking ‘‘a phys-
At the end of subtitle G of title X, add the ical assault of a sexual nature’’ and all that
all that follows and inserting the following:
following: follows through the period at the end and in-
‘‘Subsection (a)—
SEC. 1077. TECHNICAL CORRECTIONS TO HON- serting ‘‘military sexual trauma.’’; and
‘‘(A) applies to a member described in
ORING OUR PACT ACT OF 2022. (B) in paragraph (2)(A), by striking ‘‘that
paragraph (1) of that subsection who is re-
(a) PRESUMPTION OF SERVICE CONNECTION tired under chapter 61 of this title with less was suffered by the member while serving on
FOR CERTAIN DISEASES ASSOCIATED WITH EX- duty, regardless of duty status or line of
than 20 years of service otherwise creditable
POSURE TO BURN PITS AND OTHER TOXINS.— duty determination (as that term is used in
under chapter 1405 of this title, or with less
Section 1120(b)(2) of title 38, United States than 20 years of service computed under sec- section 12323 of title 10)’’; and
Code, as added by section 406(b) of the Hon- tion 12732 of this title, at the time of the (2) by striking subsections (f) and (g) and
oring our PACT Act of 2022 (Public Law 117– member’s retirement if the member has a inserting the following new subsection (f):
168; 136 Stat. 1784), is amended— combat-related disability (as that term is de- ‘‘(f) In this section:
(1) by striking subparagraph (G); and fined in section 1413a(e) of this title), except ‘‘(1) The term ‘former member of the
(2) by redesignating subparagraphs (H) that in the application of subsection (a) to Armed Forces’ means a person who served on
through (K) as (G) through (J), respectively. such a member, any reference in that sub- active duty, active duty for training, or inac-
(b) CONGRESSIONAL APPROVAL OF CERTAIN tive duty training, and who was discharged
section to a qualifying service-connected dis-
MEDICAL FACILITY ACQUISITIONS.—Subpara- or released therefrom under any condition
ability shall be deemed to be a reference to
graph (C) of section 703(c)(5) of the Honoring that is not—
that combat-related disability; but
our PACT Act of 2022 (Public Law 117–168; 136 ‘‘(A) a discharge by court-martial; or
‘‘(B) does not apply to any member so re-
Stat. 1797) is amended to read as follows: ‘‘(B) a discharge subject to a bar to bene-
tired if the member does not have a combat-
‘‘(C) by striking ‘or a major medical facil- fits under section 5303 of this title.
related disability.’’.
ity lease (as defined in subsection (c) TECHNICAL AND CONFORMING AMEND- ‘‘(2) The term ‘military sexual trauma’
(a)(3)(B))’;’’. MENTS.— means, with respect to a former member of
(c) USE OF COMPETITIVE PROCEDURES TO AC- the Armed Forces, a physical assault of a
(1) AMENDMENTS REFLECTING END OF CON-
QUIRE SPACE FOR THE PURPOSE OF PROVIDING sexual nature, battery of a sexual nature, or
CURRENT RECEIPT PHASE-IN PERIOD.—Section
HEALTH-CARE RESOURCES TO VETERANS.— sexual harassment which occurred while the
1414 of title 10, United States Code, is further
Subsection (h)(1) of section 8103 of title 38, former member of the Armed Forces was
amended—
United States Code, as added by section 704 serving on duty, regardless of duty status or
(A) in subsection (a)(1)—
of the Honoring our PACT Act of 2022 (Public line of duty determination (as that term is
(i) by striking the second sentence; and
Law 117–168; 136 Stat. 1799), is amended by used in section 12323 of title 10).
(ii) by striking subparagraphs (A) and (B);
striking ‘‘section 2304 of title 10’’ and insert- ‘‘(3) The term ‘sexual harassment’ means
(B) by striking subsection (c) and redesig-
ing ‘‘section 3301 of title 41’’. unsolicited verbal or physical contact of a
nating subsections (d) and (e) as subsections
(d) EFFECTIVE DATE.—The amendments sexual nature which is threatening in char-
(c) and (d), respectively; and
made by this section shall take effect as if acter.’’.
(C) in subsection (d), as redesignated, by
included in the enactment of the Honoring
striking paragraphs (3) and (4).
our PACT Act of 2022 (Public Law 117–168).
(2) SECTION HEADING.—The heading of such
SA 6077. Mr. ROUNDS submitted an
section 1414 is amended to read as follows: amendment intended to be proposed to
SA 6075. Mr. TESTER (for himself, amendment SA 5499 submitted by Mr.
Mr. CRAPO, Mr. BENNET, Mr. ‘‘§ 1414. Members eligible for retired pay who
are also eligible for veterans’ disability REED (for himself and Mr. INHOFE) and
BLUMENTHAL, Mr. BROWN, Mrs. CAPITO, intended to be proposed to the bill H.R.
compensation: concurrent receipt’’.
Mr. CASEY, Mr. COONS, Mr. CORNYN, Mr. 7900, to authorize appropriations for
(3) TABLE OF SECTIONS.—The table of sec-
CRAMER, Mr. CRUZ, Mr. DURBIN, Mrs. fiscal year 2023 for military activities
tions at the beginning of chapter 71 of such
FEINSTEIN, Mr. GRAHAM, Ms. HASSAN, title is amended by striking the item relat- of the Department of Defense, for mili-
Mr. HICKENLOOPER, Ms. HIRONO, Mrs. ing to section 1414 and inserting the fol- tary construction, and for defense ac-
HYDE-SMITH, Mr. KELLY, Mr. KING, Ms. lowing new item: tivities of the Department of Energy,
KLOBUCHAR, Mr. LEAHY, Mr. LUJÁN, Mr. ‘‘1414. Members eligible for retired pay who to prescribe military personnel
MANCHIN, Mr. MENENDEZ, Mr. MERKLEY, are also eligible for veterans’ strengths for such fiscal year, and for
Mr. MORAN, Mrs. MURRAY, Mr. OSSOFF, disability compensation: con- other purposes; which was ordered to
Mr. PADILLA, Mr. PETERS, Mr. current receipt.’’. lie on the table; as follows:
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PORTMAN, Mr. RISCH, Ms. ROSEN, Mr. (4) CONFORMING AMENDMENT.—Section At the end of subtitle D of title III, add the
ROUNDS, Mr. RUBIO, Mr. SANDERS, Mrs. 1413a(f) of such title is amended by striking following:
‘‘Subsection (d)’’ and inserting ‘‘Subsection SEC. 357. SENSE OF CONGRESS ON PROCURE-
SHAHEEN, Ms. STABENOW, Mr. VAN HOL- (c)’’. MENT OF TECHNOLOGY FOR WEAP-
LEN, Mr. WARNER, and Mr. WARNOCK) (d) EFFECTIVE DATE.—The amendments ONS SYSTEMS.
submitted an amendment intended to made by this section shall take effect on the It is the Sense of Congress that in order to
be proposed by him to the bill H.R. first day of the first month beginning after begin to improve the mission readiness of
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S5606 CONGRESSIONAL RECORD — SENATE September 29, 2022
the critical weapons systems of the United vador and the capacity of the electric grid in (1) APPROPRIATE CONGRESSIONAL COMMIT-
States and to materially reduce costs associ- El Salvador to deliver electricity meeting or TEES.—The term ‘‘appropriate congressional
ated with the maintenance of those weapons exceeding the level available before the committees’’ means—
systems, such sums as needed should be ap- adoption of a cryptocurrency as legal tender; (A) the Committee on Homeland Security
propriated for the procurement of tech- and and Governmental Affairs of the Senate;
nology that has been validated to simulta- (x) the feasibility of using cryptocurrency (B) the Committee on Commerce, Science,
neously monitor circuit paths under test and mining activities for purposes of enhancing and Transportation of the Senate;
continuously detect and isolate the precise grid resiliency in El Salvador. (C) the Committee on the Judiciary of the
location of intermittent circuit failures in (3) A description of the internet infrastruc- Senate;
durations as short as 100 nanoseconds. ture of El Salvador and an assessment of— (D) the Committee on Armed Services of
(A) the degree to which cryptocurrency is the Senate;
SA 6078. Mr. RISCH (for himself and used in El Salvador; (E) the Committee on Appropriations of
Mr. MENENDEZ) submitted an amend- (B) matters relating to chain of custody the Senate;
ment intended to be proposed to and the potential for hacking and cybertheft (F) the Committee on Homeland Security
amendment SA 5499 submitted by Mr. of cryptocurrency; and of the House of Representatives;
REED (for himself and Mr. INHOFE) and (C) access to transparent and affordable (G) the Committee on the Judiciary of the
intended to be proposed to the bill H.R. internet and digital infrastructure among House of Representatives;
7900, to authorize appropriations for the unbanked population of El Salvador. (H) the Committee on Transportation and
fiscal year 2023 for military activities (c) PLAN TO MITIGATE POTENTIAL SIGNIFI- Infrastructure of the House of Representa-
CANT RISKS TO UNITED STATES FINANCIAL tives;
of the Department of Defense, for mili-
SYSTEM POSED BY ADOPTION OF (I) the Committee on Energy and Com-
tary construction, and for defense ac- CRYPTOCURRENCY AS LEGAL TENDER IN CER- merce of the House of Representatives;
tivities of the Department of Energy, TAIN COUNTRIES.—Not later than 90 days (J) the Committee on Armed Services of
to prescribe military personnel after the submittal of the report required by the House of Representatives; and
strengths for such fiscal year, and for subsection (a), the Secretary of State and (K) the Committee on Appropriations of
other purposes; which was ordered to the Secretary of the Treasury, in coordina- the House of Representatives.
lie on the table; as follows: tion with the heads of other relevant Federal (2) COVERED FACILITY OR ASSET.—The term
At the end of subtitle E of title XII, add departments and agencies, shall jointly sub- ‘‘covered facility or asset’’ has the meaning
the following: mit to the appropriate committees of Con- given such term in section 210G(k)(3) of the
SEC. 1262.REPORTS ON ADOPTION OF gress a plan to mitigate any potential risk to Homeland Security Act of 2002 (6 U.S.C.
CRYPTOCURRENCY AS LEGAL TEN- the United States financial system posed by 124n(k)(3)).
DER IN EL SALVADOR. the adoption of a cryptocurrency as legal (c) IN GENERAL.—Not later than 180 days
(a) IN GENERAL.—Not later than 60 days tender in— after the date of the enactment of this Act,
after the date of the enactment of this Act, (1) El Salvador; and the Secretary of Homeland Security shall
the Secretary of State and the Secretary of (2) any other country that uses the United work with the Attorney General, the Admin-
the Treasury, in coordination with the heads States dollar as legal tender. istrator of the Federal Aviation Administra-
of other relevant Federal departments and (d) SUBSEQUENT REPORT.—Not later than tion, and the Secretary of Defense to develop
agencies, shall jointly submit to the appro- 270 days after the submittal of the report re- a strategy for creating a unified posture on
priate committees of Congress a report on quired by subsection (a), the Secretary of counter-unmanned aircraft systems (referred
the adoption by the Government of El Sal- State and the Secretary of the Treasury, in to in this section as ‘‘C-UAS’’) capabilities
vador of a cryptocurrency as legal tender. coordination with the heads of other rel- and protections at—
(b) ELEMENTS.—The report required by sub- evant Federal departments and agencies, (1) covered facilities or assets along inter-
section (a) shall include the following: shall jointly submit to the appropriate com- national borders of the United States; and
(1) A description of the process followed by mittees of Congress an updated version of (2) any other border-adjacent facilities or
the Government of El Salvador to develop such report, including a description of any assets at which such capabilities may be uti-
and enact the Bitcoin Law (Legislative De- significant development related to the risks lized under Federal law.
cree No. 57, Official Record No. 110, Volume to the United States financial system posed (d) ELEMENTS.—The strategy required to be
431, enacted June 9, 2021), which provides the by the use of a cryptocurrency as legal ten- developed under subsection (c) shall include
cryptocurrency, Bitcoin, with legal tender der in El Salvador. the following elements:
status in El Salvador. (e) APPROPRIATE COMMITTEES OF CONGRESS (1) An examination of C-UAS capabilities
(2) An assessment of— DEFINED.—In this section, the term ‘‘appro- at covered facilities or assets along the bor-
(A) the regulatory framework in El Sal- priate committees of Congress’’ means— der, or such other border-adjacent facilities
vador with respect to the adoption of a (1) the Committee on Foreign Relations or assets at which such capabilities may be
cryptocurrency as legal tender and the tech- and the Committee on Banking, Housing, utilized under Federal law, and their usage
nical capacity of El Salvador to ensure the and Urban Affairs of the Senate; and to detect or mitigate credible threats to
financial integrity and cybersecurity stand- (2) the Committee on Foreign Affairs and homeland security, including the facilitation
ards associated with virtual-asset trans- the Committee on Financial Services of the of illicit activities, or for other purposes au-
actions; House of Representatives. thorized by law.
(B) whether the regulatory framework in (2) An examination of efforts to protect
El Salvador meets the recommendations of SA 6079. Mr. LANKFORD (for himself privacy and civil liberties in the context of
the Financial Action Task Force with re- C-UAS operations, including with respect to
spect to virtual-asset transactions;
and Ms. SINEMA) submitted an amend-
impacts on border communities and protec-
(C) the impact on individuals and busi- ment intended to be proposed to tions of the First and Fourth Amendments
nesses of requiring tender of Bitcoin; and amendment SA 5499 submitted by Mr. to the United States Constitution.
(D) the impact of such adoption of a REED (for himself and Mr. INHOFE) and (3) An examination of intelligence sources
cryptocurrency on— intended to be proposed to the bill H.R. and methods, including drone operators and
(i) the macroeconomic stability and public 7900, to authorize appropriations for artificial intelligence equipment, and rel-
finances of El Salvador, including taxation; fiscal year 2023 for military activities evant due process considerations.
(ii) the rule of law and democratic govern- (4) An assessment of the availability and
ance in El Salvador;
of the Department of Defense, for mili-
interoperability of C-UAS detection and
(iii) the unbanked population in El Sal- tary construction, and for defense ac-
mitigation technology.
vador; tivities of the Department of Energy, (5) An assessment of the training, includ-
(iv) the flow of remittances from the to prescribe military personnel ing training relating to the protection of pri-
United States to El Salvador; strengths for such fiscal year, and for vacy and civil liberties, required for success-
(v) El Salvador’s relations with multilat- other purposes; which was ordered to ful operation of C-UAS detection and mitiga-
eral financial institutions, such as the Inter- lie on the table; as follows: tion technology.
national Monetary Fund and the Word Bank; (6) An assessment of specific methods of
At the end of subtitle D of title X, add the
(vi) bilateral and international efforts to operability for deployment and recommenda-
following:
combat transnational illicit activities; tions for additional resources needed.
SEC. 1035. INTERAGENCY STRATEGY FOR CRE-
(vii) El Salvador’s bilateral economic and (7) An assessment of interagency research
ATING A UNIFIED POSTURE ON
commercial relationship with the United COUNTER-UNMANNED AIRCRAFT and development efforts, including the po-
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States and the potential for reduced use by SYSTEMS CAPABILITIES AND PRO- tential for expanding such efforts.
El Salvador of the United States dollar; TECTIONS AT INTERNATIONAL BOR- (e) SUBMISSION TO CONGRESS.—Not later
(viii) existing United States sanctions DERS OF THE UNITED STATES. than 180 days after the date of the enactment
frameworks and the potential for the use of (a) SHORT TITLE.—This section may be of this Act, the Secretary of Homeland Secu-
cryptocurrency to affect such sanctions; cited as the ‘‘Protecting the Border from Un- rity shall submit the strategy developed pur-
(ix) the environmental impact of manned Aircraft Systems Act’’ suant to subsection (c) to the appropriate
cryptocurrency mining activities in El Sal- (b) DEFINITIONS.— In this section: congressional committees.
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5607
(f) ANNUAL REPORT.—Not later than 180 ties of the Department of Defense, for SEC. 1276. TRANSFER OF EXCESS OLIVER HAZ-
days after the date of the enactment of this ARD PERRY-CLASS GUIDED-MISSILE
military construction, and for defense FRIGATES TO EGYPT.
Act, and annually thereafter for the fol- activities of the Department of Energy,
lowing 7 years, the Secretary of Homeland (a) IN GENERAL.—The President is author-
to prescribe military personnel ized to transfer to the Government of Egypt
Security, the Attorney General, the Admin-
istrator of the Federal Aviation Administra- strengths for such fiscal year, and for the Oliver Hazard Perry-class guided-missile
tion, and the Secretary of Defense shall other purposes; which was ordered to frigates ex-USS CARR (FFG–52) and ex-USS
jointly submit a report to the appropriate lie on the table; as follows: ELROD (FFG–55) on a grant basis under sec-
congressional committees that describes— At the end of subtitle E of title X, add the tion 516 of the Foreign Assistance Act of 1961
(1) the resources necessary to carry out the following: (22 U.S.C. 2321j) on or after the date on which
the President submits to the appropriate
strategy developed pursuant to subsection SEC. 1052. PROHIBITION ON THE INDEFINITE DE-
TENTION OF CITIZENS AND LAWFUL committees of Congress a certification de-
(c); and
PERMANENT RESIDENTS. scribed in subsection (b).
(2) any significant developments relating (b) CERTIFICATION.—The certification de-
to the elements described in subsection (d). (a) SHORT TITLE.—This section may be
cited as the ‘‘Due Process Guarantee Act’’. scribed in this subsection is a certification of
SA 6080. Mr. GRAHAM (for himself (b) LIMITATION ON DETENTION.— the President of the following:
(1) IN GENERAL.—Section 4001(a) of title 18, (1) The President has received reliable as-
and Mr. BLUMENTHAL) submitted an surances that the Government of Egypt and
United States Code, is amended—
amendment intended to be proposed to any Egyptian state-owned enterprises—
(A) by striking ‘‘No citizen’’ and inserting
amendment SA 5499 submitted by Mr. the following: (A) are not knowingly engaged in any ac-
REED (for himself and Mr. INHOFE) and ‘‘(1) No citizen or lawful permanent resi- tivity subject to sanctions under the Coun-
intended to be proposed to the bill H.R. dent of the United States’’; and tering America’s Adversaries Through Sanc-
7900, to authorize appropriations for (B) by adding at the end the following: tions Act (22 U.S.C. 9401 et seq.), including an
fiscal year 2023 for military activities ‘‘(2) Any Act of Congress that authorizes activity related to Russian Su–35 warplanes
an imprisonment or detention described in or other advanced military technologies; and
of the Department of Defense, for mili-
paragraph (1) shall be consistent with the (B) will not knowingly engage in activity
tary construction, and for defense ac- Constitution and expressly authorize such subject to sanctions under the Countering
tivities of the Department of Energy, imprisonment or detention.’’. America’s Adversaries Through Sanctions
to prescribe military personnel (2) APPLICABILITY.—Nothing in section Act (22 U.S.C. 9401 et seq.) in the future.
strengths for such fiscal year, and for 4001(a)(2) of title 18, United States Code, as (2) The Egyptian crews participating in
other purposes; which was ordered to added by paragraph (1)(B), may be construed training related to and involved in the oper-
lie on the table; as follows: to limit, narrow, abolish, or revoke any de- ation of the vessels transferred under this
At the end of subtitle C of title XII, add tention authority conferred by statute, dec- section are subject to the requirements of
the following: laration of war, authorization to use mili- section 620M of the Foreign Assistance Act
SEC. 1239. ENSURING UKRAINIAN SOVEREIGNTY.
tary force, or similar authority effective of 1961 (22 U.S.C. 2378d), section 362 of title 10,
(a) SHORT TITLE.—This section may be prior to the date of the enactment of this United States Code, and other relevant
cited as the ‘‘Ensuring Ukrainian Sov- Act. human rights vetting to ensure that United
(c) RELATIONSHIP TO AN AUTHORIZATION TO States-funded assistance related to the
ereignty Act’’.
USE MILITARY FORCE, DECLARATION OF WAR, transfer of the vessels under this section are
(b) PURPOSE.—The purpose of this section
OR SIMILAR AUTHORITY.—Section 4001 of title not provided to Egyptian security forces
is to ensure that any country that recognizes
18, United States Code, as amended by sub- that have committed gross violations of
the annexation by the Russian Federation of
section (b) is further amended— internationally recognized human rights or
any part of Ukraine, including any territory
(1) by redesignating subsection (b) as sub- other documented human rights abuses.
taken from Ukraine beginning in 2014 and
section (c); and (3) The Government of Egypt is no longer
the results of any referenda sponsored by the
(2) by inserting after subsection (a) the fol- unlawfully or wrongfully detaining United
Russian Federation that are held within
lowing: States nationals or lawful permanent resi-
Russian-occupied areas of Ukraine’s ‘‘(b)(1) No United States citizen or lawful
Donetsk, Luhansk, Zaporizhzhia, and dents, based on criteria that may include—
permanent resident who is apprehended in (A) the detained individual has presented
Kherson regions, does not receive any eco- the United States may be imprisoned or oth-
nomic or military assistance from the credible information of factual innocence to
erwise detained without charge or trial un- United States officials;
United States. less such imprisonment or detention is ex-
(c) TERMINATION OF FOREIGN ASSISTANCE.— (B) information exists that the individual
pressly authorized by an Act of Congress. is detained solely or substantially because he
(1) RESTRICTIONS.—The President shall im- ‘‘(2) A general authorization to use mili-
mediately terminate all economic and mili- or she is a citizen or national of the United
tary force, a declaration of war, or any simi-
tary assistance from the United States to States;
lar authority, on its own, may not be con-
any country that recognizes any annexation (C) information exists that the individual
strued to authorize the imprisonment or de-
described in subsection (b) and is prohibited is being detained in violation of internation-
tention without charge or trial of a citizen
from providing any such assistance to any ally protected rights and freedoms, such as
or lawful permanent resident of the United
such country. freedom of expression, association, assembly,
States apprehended in the United States.
(2) REPORT.—The President shall— ‘‘(3) Paragraph (2) shall apply to an author- or religion;
(A) submit a report to Committee on For- ization to use military force, a declaration of (D) the individual is being detained in vio-
eign Relations of the Senate, the Committee war, or any similar authority enacted before, lation of the laws of the detaining country;
on Armed Services of the Senate, the Com- on, or after the date of the enactment of the (E) independent nongovernmental organi-
mittee on Appropriations of the Senate, the Due Process Guarantee Act. zations or journalists have raised legitimate
Committee on Foreign Affairs of the House ‘‘(4) This section may not be construed to questions about the innocence of the de-
of Representatives, the Committee on Armed authorize the imprisonment or detention of a tained individual;
Services of the House of Representatives, citizen of the United States, a lawful perma- (F) the United States embassy in the coun-
and the Committee on Appropriations of the nent resident of the United States, or any try in which the individual is detained has
House of Representatives that— other person who is apprehended in the received credible reports that the detention
(i) lists all of the countries that are subject United States.’’. is a pretext;
to the restrictions described in paragraph (1); (G) police reports show evidence of the
and SA 6082. Mr. MURPHY submitted an lack of a credible investigation;
(ii) identifies the amount of funding af- amendment intended to be proposed to (H) the individual is detained in a country
fected by such restrictions, disaggregated by amendment SA 5499 submitted by Mr. in which the Department of State has deter-
country and program; and REED (for himself and Mr. INHOFE) and mined in its annual human rights reports
(B) submit an update of such report to the that the judicial system is not independent
intended to be proposed to the bill H.R. or impartial, is susceptible to corruption, or
committees referred to in subparagraph (A)
7900, to authorize appropriations for is incapable of rendering just verdicts;
whenever a country is added to, or removed
from, the list referred to in subparagraph fiscal year 2023 for military activities (I) the individual is detained in inhumane
(A). of the Department of Defense, for mili- conditions; and
tary construction, and for defense ac- (J) the international right to due process
SA 6081. Mrs. FEINSTEIN submitted tivities of the Department of Energy, of law has been sufficiently impaired so as to
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an amendment intended to be proposed to prescribe military personnel render the detention arbitrary.
to amendment SA 5499 submitted by (c) VIOLATIONS.—The President may not
strengths for such fiscal year, and for transfer a vessel under this section unless
Mr. REED (for himself and Mr. INHOFE) other purposes; which was ordered to the Government of Egypt agrees that if any
and intended to be proposed to the bill lie on the table; as follows: condition described in subsection (b) is vio-
H.R. 7900, to authorize appropriations At the end of subtitle F of title XII, add lated after the transfer of the vessel, the
for fiscal year 2023 for military activi- the following: Government of Egypt will re-transfer the
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S5608 CONGRESSIONAL RECORD — SENATE September 29, 2022
vessel to the United States at the sole cost SA 6083. Mr. MURPHY submitted an (8) An April 2022 brief from the United Na-
to the Government of Egypt, without using amendment intended to be proposed to tions Global Crisis Response Group on Food,
United States funds, including United States amendment SA 5499 submitted by Mr. Energy and Finance on the impacts of the
foreign military assistance funds. war in Ukraine on developing countries
(d) GRANTS NOT COUNTED IN ANNUAL TOTAL REED (for himself and Mr. INHOFE) and
called for the immediate suspension of sur-
OF TRANSFERRED EXCESS DEFENSE ARTI- intended to be proposed to the bill H.R. charge payments for a minimum of 2 years,
CLES.—The value of a vessel transferred to 7900, to authorize appropriations for because ‘‘[s]urcharges do not make sense
the Government of Egypt under this section fiscal year 2023 for military activities during a global crisis since the need for more
shall not be counted against the aggregate of the Department of Defense, for mili- financing does not stem from national condi-
value of excess defense articles transferred tary construction, and for defense ac- tions but from the global economy shock’’.
in any fiscal year under section 516 of the (b) REVIEW OF SURCHARGE POLICY AT THE
tivities of the Department of Energy,
Foreign Assistance Act of 1961 (22 U.S.C. INTERNATIONAL MONETARY FUND.—The Sec-
2321j). to prescribe military personnel
strengths for such fiscal year, and for retary of the Treasury shall instruct the
(e) COSTS OF TRANSFERS.—Any expense in- United States Executive Director at the
curred by the United States in connection other purposes; which was ordered to International Monetary Fund to use the
with the transfer of a vessel under this sec- lie on the table; as follows: voice and vote of the United States to—
tion shall be charged to the Government of At the end of subtitle F of title XII, add (1) initiate an immediate review by the
Egypt notwithstanding section 516(e) of the the following: IMF of the surcharge policy of the IMF to be
Foreign Assistance Act of 1961 (22 U.S.C. completed, and its results and underlying
2321j(e)). SEC. 1276. REVIEW OF LOAN SURCHARGE POLICY
OF INTERNATIONAL MONETARY data published, within 365 days; and
(f) REPAIR AND REFURBISHMENT IN UNITED
FUND. (2) suspend and waive surcharge payments
STATES SHIPYARDS.—To the maximum extent
(a) FINDINGS.—Congress finds as follows: during the pendency of the review.
practicable, the President shall require, as a
condition of the transfer of a vessel under (1) The International Monetary Fund (in (c) COMPONENTS OF THE REVIEW OF SUR-
this section referred to as the ‘‘IMF’’) im- CHARGE POLICY.—The review referred to in
this section, that the Government of Egypt
have such repair or refurbishment of the ves- poses a surcharge, in addition to standard in- subsection (b) should include the following:
sel as is needed, before the vessel joins the terest and service fees, of 200 basis points on (1) A borrower-by-borrower analysis of sur-
naval forces of Egypt, performed at a ship- outstanding credit provided through its Gen- charges in terms of cost and as a percentage
yard located in the United States, including eral Resources Account that exceeds 187.5 of national spending on debt service on IMF
a United States Navy shipyard. percent of the IMF country quota, and an ad- loans, food security, and health for the 5-
(g) EXPIRATION OF AUTHORITY.—The au- ditional 100 basis points if that credit has year period beginning at the start of the
thority to transfer a vessel under this sec- been outstanding for over 36 or 51 months, COVID–19 pandemic.
tion shall expire at the end of the three-year depending on the facility. (2) Evaluation of the policy’s direct impact
period beginning on the date of the enact- (2) According to the IMF, ‘‘These level and on—
ment of this Act. time-based surcharges are intended to help (A) disincentivizing large and prolonged re-
(h) REQUIRED REPORT.— mitigate credit risk by providing members liance on IMF credit;
(1) IN GENERAL.—Not later than 60 days be- with incentives to limit their demand for (B) mitigating the credit risks taken by
fore the transfer of a vessel under this sec- Fund assistance and encourage timely repur- the IMF;
tion, the President shall submit to the ap- chases while at the same time generating in- (C) improving borrower balance of pay-
propriate committees of Congress a report come for the Fund to accumulate pre- ments and debt sustainability, particularly
describing the following: cautionary balances.’’. during periods of contraction, unrest, and
(A) The specific operational activities and (3) According to a 2021 report by the Euro- pandemic;
objectives intended for the vessel upon re- pean Network on Debt and Development, (D) promoting fiscally responsible policy
ceipt by the Government of Egypt. surcharges increase the average cost of bor- reforms;
(B) A detailed description of how the trans- rowing from the IMF by over 64 percent for (E) disincentivizing borrowers from seek-
fer of the vessel will help alleviate United surcharged countries. Surcharges increased ing opaque and potentially predatory bilat-
States mission requirements in the Bab el Ukraine’s borrowing costs on its IMF lending eral loans; and
Mandeb and the Red Sea. program by nearly 27 percent, Jordan’s by 72 (F) improving the ability of borrowers to
(C) A detailed description of how the trans- percent, and Egypt’s by over 104 percent. repay private creditors and access the pri-
fer of the vessel will complement Combined (4) As a result of the invasion by the Rus- vate credit market.
Maritime Forces (CMF) mission goals and sian Federation, the World Bank predicts (3) Recommendations for—
activities, including those of Combined Task that Ukraine will experience an economic (A) identifying alternative sources of fund-
Forces 150, 151, 152, and 153. contraction of 45 percent in 2022. Yet ing for the IMF’s precautionary balances
(D) A detailed description of incidents, Ukraine is expected to pay the IMF an esti- that prioritize stable funding sources and eq-
during the five-year period immediately pre- mated $483,000,000 in surcharges from 2021 uitable burden-sharing among IMF members;
ceding the date of such transfer, of arbitrary through 2027. and
detention, violence, and state-sanctioned (5) The Ukraine Comprehensive Debt Pay- (B) determining whether the IMF should
harassment by the Government of Egypt ment Relief Act of 2022 (H.R. 7081), which re- maintain, reform, temporarily suspend, or
against United States citizens, individuals in quires the Department of Treasury to make eliminate the use of surcharges.
the United States, and their family members efforts to secure debt relief for Ukraine, was (d) CONSULTATIONS.—The review referred to
who are not United States citizens, in both passed by the House of Representatives on in subsection (b) must incorporate extensive
Egypt and in the United States, and a deter- May 11, 2022, with overwhelming bipartisan consultation with relevant experts, particu-
mination as to whether such incidents con- support, by a vote of 362 Yeas to 56 Nays. larly those from countries that are currently
stitute a pattern of acts of intimidation or (6) As a result of the war in Ukraine and paying or have recently paid surcharges.
harassment. other factors, the World Bank predicted that Those experts should include government of-
(E) A description of policy efforts to ensure global growth rates will slow to 2.9 percent ficials responsible for overseeing economic
that United States security assistance pro- in 2022, down nearly half from 2021. External development, social services, and defense,
grams with Egypt are formulated in a man- public debt of developing economies is at United Nations officials, economic research
ner that will avoid identification of the record levels, and the World Bank, the IMF, institutes, academics, and civil society orga-
United States, through such programs, with and the United Nations have all warned of nizations.
governments that deny to their people inter- coming defaults and a potential global debt ---
nationally recognized human rights and fun- crisis. As food and energy prices rise, the SA 6084. Mr. PETERS submitted an
damental freedoms, in accordance with sec- World Food Program has estimated that amendment intended to be proposed to
tion 502B of the Foreign Assistance Act of 750,000 people are at immediate risk of star- amendment SA 5499 submitted by Mr.
1961 (22 U.S.C. 2304). vation or death, and 323,000,000 people may
REED (for himself and Mr. INHOFE) and
(2) FORM.—The report required by this sub- experience acute food insecurity before the
end of the year. intended to be proposed to the bill H.R.
section shall be submitted in unclassified
form, but may include a separate classified (7) Since 2020, the number of countries pay- 7900, to authorize appropriations for
annex. ing surcharges to the IMF has increased fiscal year 2023 for military activities
(i) APPROPRIATE COMMITTEES OF CONGRESS from 9 to 16. A December 2021 IMF policy of the Department of Defense, for mili-
DEFINED.—In this section, the term ‘‘appro- paper notes that under the IMF’s model- tary construction, and for defense ac-
dlhill on DSK120RN23PROD with SENATE
priate committees of Congress’’ means— based World Economic Outlook scenario tivities of the Department of Energy,
(1) the Committee on Foreign Relations ‘‘the number of surcharge-paying members to prescribe military personnel
and the Committee on Armed Services of the would increase to 38 in FY 2024 and FY 2025’’
strengths for such fiscal year, and for
Senate; and and that under the Fund’s ‘‘adverse scenario,
(2) the Committee on Foreign Affairs and the number of surcharge-paying members other purposes; which was ordered to
the Committee on Armed Services of the and the amount of surcharge income would lie on the table; as follows:
House of Representatives. increase even more sharply’’. At the end, add the following:
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5609
DIVISION E—OFFICES OF COUNTERING and other related emerging threats, subject tect and report on weapons of mass destruc-
WEAPONS OF MASS DESTRUCTION AND to the research, development, testing, and tion and chemical, biological, radiological,
HEALTH SECURITY evaluation coordination requirement de- nuclear, and other related emerging threats
SEC. 5001. SHORT TITLE; TABLE OF CONTENTS. scribed in subparagraph (G); weapons or unauthorized material, in coordi-
(a) SHORT TITLE.—This division may be ‘‘(B) in coordination with the Office for nation with other Federal agencies, as appro-
cited as the ‘‘Offices of Countering Weapons Strategy, Policy, and Plans, lead develop- priate, and establish performance metrics to
of Mass Destruction and Health Security Act ment of policies and strategies to counter evaluate the effectiveness of individual de-
of 2022’’. weapons of mass destruction and chemical, tectors and detection systems in detecting
(b) TABLE OF CONTENTS.—The table of con- biological, radiological, nuclear, and other those weapons or material—
related emerging threats on behalf of the De- ‘‘(I) under realistic operational and envi-
tents for this division is as follows:
partment; ronmental conditions; and
Sec. 5001. Short title, table of contents. ‘‘(C) identify, assess, and prioritize capa- ‘‘(II) against realistic adversary tactics
TITLE I—COUNTERING WEAPONS OF bility gaps relating to the strategic and mis- and countermeasures;
MASS DESTRUCTION OFFICE sion objectives of the Department for weap- ‘‘(B) in coordination with end users, con-
Sec. 5101. Countering Weapons of Mass De- ons of mass destruction and chemical, bio- duct, support, coordinate, and encourage a
struction Office. logical, radiological, nuclear, and other re- transformational program of research and
Sec. 5102. Rule of construction. lated emerging threats; development to generate and improve tech-
‘‘(D) in coordination with the Office of In- nologies to detect, protect against, and re-
TITLE II—OFFICE OF HEALTH SECURITY
telligence and Analysis, support components port on the illicit entry, transport, assem-
Sec. 5201. Office of Health Security. of the Department, and Federal, State, local, bly, or potential use within the United
Sec. 5202. Medical countermeasures pro- Tribal, and territorial partners, provide in- States of weapons of mass destruction and
gram. telligence and information analysis and re- chemical, biological, radiological, nuclear,
Sec. 5203. Confidentiality of medical quality ports on weapons of mass destruction and and other related emerging threats weapons
assurance records. chemical, biological, radiological, nuclear, or unauthorized material, and coordinate
Sec. 5204. Portability of licensure. and other related emerging threats; with the Under Secretary for Science and
Sec. 5205. Technical and conforming amend- ‘‘(E) in consultation with the Science and Technology on research and development ef-
ments. Technology Directorate, assess risk to the forts relevant to the mission of the Office
TITLE I—COUNTERING WEAPONS OF United States from weapons of mass destruc- and the Under Secretary for Science and
MASS DESTRUCTION OFFICE tion and chemical, biological, radiological, Technology;
SEC. 5101. COUNTERING WEAPONS OF MASS DE- nuclear, and other related emerging threats; ‘‘(C) before carrying out operational test-
STRUCTION OFFICE. ‘‘(F) lead development and prioritization of ing under subparagraph (A), develop a test-
(a) HOMELAND SECURITY ACT OF 2002.—Title Department requirements to counter weap- ing and evaluation plan that articulates the
XIX of the Homeland Security Act of 2002 (6 ons of mass destruction and chemical, bio- requirements for the user and describes how
U.S.C. 590 et seq.) is amended— logical, radiological, nuclear, and other re- these capability needs will be tested in de-
(1) in section 1901 (6 U.S.C. 591)— lated emerging threats, subject to the re- velopmental test and evaluation and oper-
(A) in subsection (c), by amending para- search, development, testing, and evaluation ational test and evaluation;
coordination requirement described in sub- ‘‘(D) as appropriate, develop, acquire, and
graphs (1) and (2) to read as follows:
paragraph (G), which requirements shall be— deploy equipment to detect and report on
‘‘(1) matters and strategies pertaining to—
‘‘(i) developed in coordination with end weapons of mass destruction and chemical,
‘‘(A) weapons of mass destruction; and
users; and biological, radiological, nuclear, and other
‘‘(B) chemical, biological, radiological, nu-
‘‘(ii) reviewed by the Joint Requirements related emerging threats weapons or unau-
clear, and other related emerging threats;
Council, as directed by the Secretary; thorized material in support of Federal,
and
‘‘(G) in coordination with the Science and State, local, Tribal, and territorial govern-
‘‘(2) coordinating the efforts of the Depart-
Technology Directorate, direct, fund, and co- ments;
ment to counter—
ordinate capability development activities ‘‘(E) support and enhance the effective
‘‘(A) weapons of mass destruction; and
to counter weapons of mass destruction and sharing and use of appropriate information
‘‘(B) chemical, biological, radiological, nu- all chemical, biological, radiological, nu- on weapons of mass destruction and chem-
clear, and other related emerging threats.’’; clear, and other related emerging threats re- ical, biological, radiological, nuclear, and
and search, development, test, and evaluation other related emerging threats and related
(B) by striking subsection (e); matters, including research, development, emerging issues generated by elements of
(2) by amending section 1921 (6 U.S.C. 591g) testing, and evaluation expertise, threat the intelligence community (as defined in
to read as follows: characterization, technology maturation, section 3 of the National Security Act of 1947
‘‘SEC. 1921. MISSION OF THE OFFICE. prototyping, and technology transition; (50 U.S.C. 3003)), law enforcement agencies,
‘‘The Office shall be responsible for— ‘‘(H) acquire, procure, and deploy counter other Federal agencies, State, local, Tribal,
‘‘(1) coordinating the efforts of the Depart- weapons of mass destruction capabilities, and territorial governments, and foreign
ment to counter— and serve as the lead advisor of the Depart- governments, as well as provide appropriate
‘‘(A) weapons of mass destruction; and ment on component acquisition, procure- information to those entities;
‘‘(B) chemical, biological, radiological, nu- ment, and deployment of counter-weapons of ‘‘(F) consult, as appropriate, with the Fed-
clear, and other related emerging threats; mass destruction capabilities; eral Emergency Management Agency and
and ‘‘(I) in coordination with the Office of other departmental components, on weapons
‘‘(2) enhancing the ability of Federal, Health Security, support components of the of mass destruction and chemical, biological,
State, local, Tribal, and territorial partners Department, and Federal, State, local, Trib- radiological, nuclear, and other related
to prevent, detect, protect against, and miti- al, and territorial partners on chemical, bio- emerging threats and efforts to mitigate,
gate the impacts of attacks using— logical, radiological, nuclear, and other re- prepare, and respond to all threats in sup-
‘‘(A) weapons of mass destruction against lated emerging threats health matters; port of the State, local, and Tribal commu-
the United States; and ‘‘(J) provide expertise on weapons of mass nities; and
‘‘(B) chemical, biological, radiological, nu- destruction and chemical, biological, radio- ‘‘(G) perform other duties as assigned by
clear, and other related emerging threats logical, nuclear, and other related emerging the Secretary.’’;
against the United States.’’; threats to Department and Federal partners (C) in subsection (b), as so redesignated—
(3) in section 1922 (6 U.S.C. 591h)— to support engagements and efforts with (i) in the subsection heading, by striking
(A) by striking subsection (b); and international partners subject to the re- ‘‘MISSION’’ and inserting ‘‘RADIOLOGICAL AND
(B) by redesignating subsection (c) as sub- search, development, testing, and evaluation NUCLEAR RESPONSIBILITIES’’;
section (b); coordination requirement under subpara- (ii) in paragraph (1)—
(4) in section 1923 (6 U.S.C. 592)— graph (G); and (I) by inserting ‘‘deploy,’’ after ‘‘acquire,’’;
(A) by redesignating subsections (a) and (b) ‘‘(K) carry out any other duties assigned to and
as subsections (b) and (d), respectively; the Office by the Secretary. (II) by striking ‘‘deployment’’ and insert-
(B) by inserting before subsection (b), as so ‘‘(2) DETECTION AND REPORTING.—For pur- ing ‘‘operations’’;
redesignated, the following: poses of the detection and reporting respon- (iii) by striking paragraphs (6) through
‘‘(a) OFFICE RESPONSIBILITIES.— sibilities of the Office for weapons of mass (10);
‘‘(1) IN GENERAL.—For the purposes of co- destruction and chemical, biological, radio- (iv) redesignating paragraphs (11) and (12)
ordinating the efforts of the Department to logical, nuclear, and other related emerging as paragraphs (6) and (7), respectively;
dlhill on DSK120RN23PROD with SENATE
counter weapons of mass destruction and threats, the Office shall— (v) in paragraph (6)(B), as so redesignated,
chemical, biological, radiological, nuclear, ‘‘(A) in coordination with end users, in- by striking ‘‘national strategic five-year
and other related emerging threats, the Of- cluding State, local, Tribal, and territorial plan referred to in paragraph (10)’’ and in-
fice shall— partners, as appropriate— serting ‘‘United States national technical
‘‘(A) provide expertise and guidance to De- ‘‘(i) carry out a program to test and evalu- nuclear forensics strategic planning’’;
partment leadership and components on ate technology, in consultation with the (vi) in paragraph (7)(C)(v), as so redesig-
chemical, biological, radiological, nuclear, Science and Technology Directorate, to de- nated—
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S5610 CONGRESSIONAL RECORD — SENATE September 29, 2022
(I) in the matter preceding subclause (I), ‘‘(d) REPORT.—Not later than 2 years after ‘‘(B) shall—
by inserting ‘‘except as otherwise provided,’’ the date of enactment of the Offices of Coun- ‘‘(i) describe the biodefense mission and
before ‘‘require’’; and tering Weapons of Mass Destruction and role of the Department, as well as how such
(II) in subclause (II)— Health Security Act of 2022, the Secretary mission and role relates to the biodefense
(aa) in the matter preceding item (aa), by shall submit to the appropriate congres- lines of effort of the Department;
striking ‘‘death or disability’’ and inserting sional committees an update on the STC pro- ‘‘(ii) clarify, as necessary, biodefense roles,
‘‘death, disability, or a finding of good cause gram.’’; and responsibilities, and capabilities of the com-
as determined by the Assistant Secretary (8) by adding at the end the following: ponents and offices of the Department in-
(including extreme hardship, extreme need, ‘‘SEC. 1929. ACCOUNTABILITY. volved in the biodefense lines of effort of the
or the needs of the Office) and for which the ‘‘(a) DEPARTMENTWIDE STRATEGY.— Department;
Assistant Secretary may grant a waiver of ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(iii) establish how biodefense lines of ef-
the repayment obligation’’; and after the date of enactment of Offices of fort of the Department are to be coordinated
(bb) in item (bb), by adding ‘‘and’’ at the Countering Weapons of Mass Destruction and within the Department;
end; Health Security Act of 2022, and every 4 ‘‘(iv) establish how the Department en-
(vii) by striking paragraph (13); and years thereafter, the Secretary shall create a gages with public and private partners in the
(viii) by redesignating paragraph (14) as Departmentwide strategy and implementa- biodefense enterprise, including other Fed-
paragraph (8); and tion plan to counter weapons of mass de- eral agencies, national laboratories and
(D) by inserting after subsection (b), as so struction and chemical, biological, radio- sites, and State, local, Tribal, and territorial
redesignated, the following: logical, nuclear, and other related emerging entities, with specificity regarding the fre-
‘‘(c) CHEMICAL AND BIOLOGICAL RESPON- threats, which should— quency and nature of such engagement by
SIBILITIES.—The Office— ‘‘(A) have clearly identified authorities, Department components and offices with
‘‘(1) shall be responsible for coordinating specified roles, objectives, benchmarks, ac- State, local, Tribal and territorial entities;
with other Federal efforts to enhance the countability, and timelines; and
ability of Federal, State, local, and Tribal ‘‘(B) incorporate the perspectives of non- ‘‘(v) include information relating to—
governments to prevent, detect, protect Federal and private sector partners; and ‘‘(I) milestones and performance metrics
against, and mitigate the impacts of chem- ‘‘(C) articulate how the Department will that are specific to the biodefense mission
ical and biological threats against the contribute to relevant national-level strate- and role of the Department described in
United States; and gies and work with other Federal agencies. clause (i); and
‘‘(2) shall— ‘‘(2) CONSIDERATION.—The Secretary shall ‘‘(II) implementation of any operational
‘‘(A) serve as a primary entity of the Fed- appropriately consider weapons of mass de- changes necessary to carry out clauses (iii)
eral Government to further develop, acquire, struction and chemical, biological, radio- and (iv).
deploy, and support the operations of a na- logical, nuclear, and other related emerging ‘‘(4) PERIODIC UPDATE.—Beginning not later
tional biosurveillance system in support of threats when creating the strategy and im- than 5 years after the issuance of the bio-
Federal, State, local, Tribal, and territorial plementation plan required under paragraph defense strategy and implementation plans
governments, and improve that system over (1). required under paragraph (3), and not less
time; ‘‘(3) REPORT.—The Office shall submit to often than once every 5 years thereafter, the
‘‘(B) enhance the chemical and biological the appropriate congressional committees a Secretary shall review and update, as nec-
detection efforts of Federal, State, local, report on the updated Departmentwide strat- essary, such strategy and plans.
Tribal, and territorial governments and pro- egy and implementation plan required under ‘‘(5) CONGRESSIONAL OVERSIGHT.—Not later
vide guidance, tools, and training to help en- paragraph (1). than 30 days after the issuance of the bio-
sure a managed, coordinated response; and ‘‘(b) DEPARTMENTWIDE BIODEFENSE REVIEW defense strategy and implementation plans
‘‘(C) collaborate with the Biomedical Ad- AND STRATEGY.— required under paragraph (3), the Secretary
vanced Research and Development Author- ‘‘(1) IN GENERAL.—Not later than 180 days shall brief the Committee on Homeland Se-
ity, the Office of Health Security, the De- after the date of enactment of the Offices of curity and Governmental Affairs of the Sen-
fense Advanced Research Projects Agency, Countering Weapons of Mass Destruction and ate and the Committee on Homeland Secu-
and the National Aeronautics and Space Ad- Health Security Act of 2022, the Secretary, rity of the House of Representatives regard-
ministration, and other relevant Federal in consultation with appropriate stake- ing such strategy and plans.
‘‘(c) EMPLOYEE MORALE.—Not later than
stakeholders, and receive input from indus- holders representing Federal, State, Tribal,
180 days after the date of enactment of the
try, academia, and the national laboratories territorial, academic, private sector, and
Offices of Countering Weapons of Mass De-
on chemical and biological surveillance ef- nongovernmental entities, shall conduct a
struction and Health Security Act of 2022,
forts.’’; Departmentwide review of biodefense activi-
the Office shall submit to and brief the ap-
(5) in section 1924 (6 U.S.C. 593), by striking ties and strategies. propriate congressional committees on a
‘‘section 11011 of the Strom Thurmond Na- ‘‘(2) REVIEW.—The review required under strategy and plan to continuously improve
tional Defense Authorization Act for Fiscal paragraph (1) shall— morale within the Office.
Year 1999 (5 U.S.C. 3104 note).’’ and inserting ‘‘(A) identify with specificity the bio- ‘‘(d) COMPTROLLER GENERAL.—Not later
‘‘section 4092 of title 10, United States Code, defense lines of effort of the Department, in- than 1 year after the date of enactment of
except that the authority shall be limited to cluding relating to biodefense roles, respon- the Offices of Countering Weapons of Mass
facilitate the recruitment of experts in the sibilities, and capabilities of components and Destruction and Health Security Act of 2022,
chemical, biological, radiological, or nuclear offices of the Department; the Comptroller General of the United States
specialties.’’; ‘‘(B) assess how such components and of- shall conduct a review of and brief the appro-
(6) in section 1927(a)(1)(C) (6 U.S.C. fices coordinate internally and with public priate congressional committees on—
596a(a)(1)(C))— and private partners in the biodefense enter- ‘‘(1) the efforts of the Office to prioritize
(A) in clause (i), by striking ‘‘required prise; the programs and activities that carry out
under section 1036 of the National Defense ‘‘(C) identify any policy, resource, capa- the mission of the Office, including research
Authorization Act for Fiscal Year 2010’’; bility, or other gaps in the Department’s and development;
(B) in clause (ii), by striking ‘‘and’’ at the ability to assess, prevent, protect against, ‘‘(2) the consistency and effectiveness of
end; and respond to biological threats; and stakeholder coordination across the mission
(C) in clause (iii), by striking the period at ‘‘(D) identify any organizational changes of the Department, including operational
the end and inserting ‘‘; and’’; and or reforms necessary for the Department to and support components of the Department
(D) by adding at the end the following: effectively execute its biodefense mission and State and local entities; and
‘‘(iv) includes any other information re- and role, including with respect to public ‘‘(3) the efforts of the Office to manage and
garding national technical nuclear forensics and private partners in the biodefense enter- coordinate the lifecycle of research and de-
activities carried out under section 1923.’’; prise. velopment within the Office and with other
(7) in section 1928 (6 U.S.C. 596b)— ‘‘(3) STRATEGY.—Not later than 1 year after components of the Department, including
(A) in subsection (a), by striking ‘‘high- completion of the review required under the Science and Technology Directorate.
risk urban areas’’ and inserting ‘‘jurisdic- paragraph (1), the Secretary shall issue a ‘‘(e) NATIONAL ACADEMIES OF SCIENCES, EN-
tions designated under subsection (c)’’; biodefense strategy for the Department GINEERING, AND MEDICINE.—
(B) in subsection (c)(1), by striking ‘‘from that— ‘‘(1) STUDY.—The Secretary shall enter
among high-risk urban areas under section ‘‘(A) is informed by such review and is into an agreement with the National Acad-
2003’’ and inserting ‘‘based on the capability aligned with section 1086 of the National De- emies of Sciences, Engineering, and Medicine
dlhill on DSK120RN23PROD with SENATE
and capacity of the jurisdiction, as well as fense Authorization Act for Fiscal Year 2017 to conduct a consensus study and report to
the relative threat, vulnerability, and con- (6 U.S.C. 104; relating to the development of the Secretary and the appropriate congres-
sequences from terrorist attacks and other a national biodefense strategy and associ- sional committees on—
high-consequence events utilizing nuclear or ated implementation plan, including a re- ‘‘(A) the role of the Department in pre-
other radiological materials’’; and view and assessment of biodefense policies, paring, detecting, and responding to biologi-
(C) by striking subsection (d) and inserting practices, programs, and initiatives) or any cal and health security threats to the home-
the following: successor strategy; and land;
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5611
‘‘(B) recommendations to improve depart- (b) COUNTERING WEAPONS OF MASS DE- (iv) by redesignating paragraph (5) as para-
mental biosurveillance efforts against bio- STRUCTION ACT OF 2018.—Section 2 of the graph (13); and
logical threats, including any relevant bio- Countering Weapons of Mass Destruction Act (v) by inserting after paragraph (4) the fol-
logical detection methods and technologies; of 2018 (Public Law 115–387; 132 Stat. 5162) is lowing:
and amended— ‘‘(5) overseeing all medical and public
‘‘(C) the feasibility of different techno- (1) in subsection (b)(2) (6 U.S.C. 591 note), health activities of the Department, includ-
logical advances for biodetection compared by striking ‘‘1927’’ and inserting ‘‘1926’’; and ing the delivery, advisement, and oversight
to the cost, risk reduction, and timeliness of (2) in subsection (g) (6 U.S.C. 591 note)— of direct patient care and the organization,
those advances. (A) in the matter preceding paragraph (1), management, and staffing of component op-
‘‘(2) BRIEFING.—Not later than 1 year after by striking ‘‘one year after the date of the erations that deliver direct patient care;
the date on which the Secretary receives the enactment of this Act, and annually there- ‘‘(6) advising the head of each component
report required under paragraph (1), the Sec- after,’’ and inserting ‘‘June 30 of each year,’’; of the Department that delivers direct pa-
retary shall brief the appropriate congres- and tient care regarding the recruitment and ap-
sional committees on— (B) in paragraph (2), by striking ‘‘Security, pointment of a component chief medical offi-
‘‘(A) the implementation of the rec- including research and development activi- cer and deputy chief medical officer or the
ommendations included in the report; and ties’’ and inserting ‘‘Security’’. employee who functions in the capacity of
‘‘(B) the status of biological detection at (c) SECURITY AND ACCOUNTABILITY FOR chief medical officer and deputy chief med-
the Department, and, if applicable, timelines EVERY PORT ACT OF 2006.—The Security and ical officer;
for the transition from Biowatch to updated Accountability for Every Port Act of 2006 (6 ‘‘(7) advising the Secretary and the head of
technology. U.S.C. 901 et seq.) is amended— each component of the Department that de-
‘‘(f) ADVISORY COUNCIL.— (1) in section 1(b) (Public Law 109–347; 120 livers direct patient care regarding knowl-
‘‘(1) ESTABLISHMENT.—Not later than 180 Stat 1884), by striking the item relating to edge and skill standards for medical per-
days after the date of enactment of the Of- section 502; and sonnel and the assessment of that knowledge
fices of Countering Weapons of Mass De- (2) by striking section 502 (6 U.S.C. 592a). and skill;
struction and Health Security Act of 2022, SEC. 5102. RULE OF CONSTRUCTION. ‘‘(8) advising the Secretary and the head of
the Secretary shall establish an advisory Nothing in this title or the amendments each component of the Department that de-
body to advise on the ongoing coordination made by this title shall be construed to af- livers patient care regarding the collection,
of the efforts of the Department to counter fect or diminish the authorities or respon- storage, and oversight of medical records;
weapons of mass destruction, to be known as sibilities of the Under Secretary for Science ‘‘(9) with respect to any psychological
the Advisory Council for Countering Weap- and Technology. health counseling or assistance program of
ons of Mass Destruction (in this subsection TITLE II—OFFICE OF HEALTH SECURITY the Department, including such a program of
referred to as the ‘Advisory Council’). SEC. 5201. OFFICE OF HEALTH SECURITY.
a law enforcement, operational, or support
‘‘(2) MEMBERSHIP.—The members of the Ad- component of the Department, advising the
(a) ESTABLISHMENT.—The Homeland Secu-
visory Council shall— head of each such component with such a
rity Act of 2002 (6 U.S.C. 101 et seq.) is
‘‘(A) be appointed by the Assistant Sec- program regarding—
amended—
retary; and ‘‘(A) ensuring such program includes safe-
(1) in section 103 (6 U.S.C. 113)—
‘‘(B) to the extent practicable, represent a guards against adverse action, including
(A) in subsection (a)(2)—
geographic (including urban and rural) and automatic referrals for a fitness for duty ex-
(i) by striking ‘‘the Assistant Secretary for
substantive cross section of officials, from amination, by such component with respect
Health Affairs,’’; and
State, local, and Tribal governments, aca- to any employee solely because such em-
(ii) by striking ‘‘Affairs, or’’ and inserting
demia, the private sector, national labora- ployee self-identifies a need for psycho-
‘‘Affairs or’’; and
tories, and nongovernmental organizations, logical health counseling or assistance or re-
(B) in subsection (d), by adding at the end
including, as appropriate— ceives such counseling or assistance;
the following:
‘‘(i) members selected from the emergency ‘‘(B) increasing the availability and num-
‘‘(6) A Chief Medical Officer.’’;
management field and emergency response ber of local psychological health profes-
(2) by adding at the end the following:
providers; sionals with experience providing psycho-
‘‘(ii) State, local, and Tribal government ‘‘TITLE XXIII—OFFICE OF HEALTH logical support services to personnel;
officials; SECURITY’’; ‘‘(C) establishing a behavioral health cur-
‘‘(iii) experts in the public and private sec- (3) by redesignating section 1931 (6 U.S.C. riculum for employees at the beginning of
tors with expertise in chemical, biological, 597) as section 2301 and transferring such sec- their careers to provide resources early re-
radiological, and nuclear agents and weap- tion to appear after the heading for title garding the importance of psychological
ons; XXIII, as added by paragraph (2); and health;
‘‘(iv) representatives from the national (4) in section 2301, as so redesignated— ‘‘(D) establishing periodic management
laboratories; and (A) in the section heading, by striking training on crisis intervention and such com-
‘‘(v) such other individuals as the Assist- ‘‘CHIEF MEDICAL OFFICER’’ and inserting ‘‘OF- ponent’s psychological health counseling or
ant Secretary determines to be appropriate. FICE OF HEALTH SECURITY’’; assistance program;
‘‘(3) RESPONSIBILITIES.— The Advisory (B) by striking subsections (a) and (b) and ‘‘(E) improving any associated existing em-
Council shall— inserting the following: ployee peer support programs, including by
‘‘(A) advise the Assistant Secretary on all ‘‘(a) IN GENERAL.—There is established in making additional training and resources
aspects of countering weapons of mass de- the Department an Office of Health Security. available for peer support personnel in the
struction; ‘‘(b) HEAD OF OFFICE OF HEALTH SECU- workplace across such component;
‘‘(B) incorporate State, local, and Tribal RITY.—The Office of Health Security shall be ‘‘(F) developing and implementing a vol-
government, national laboratories, and pri- headed by a chief medical officer, who untary alcohol treatment program that in-
vate sector input in the development of the shall— cludes a safe harbor for employees who seek
strategy and implementation plan of the De- ‘‘(1) be the Assistant Secretary for Health treatment;
partment for countering weapons of mass de- Security and the Chief Medical Officer of the ‘‘(G) including, when appropriate, collabo-
struction; and Department; rating and partnering with key employee
‘‘(C) establish performance criteria for a ‘‘(2) be a licensed physician possessing a stakeholders and, for those components with
national biological detection system and re- demonstrated ability in and knowledge of employees with an exclusive representative,
view the testing protocol for biological de- medicine and public health; the exclusive representative with respect to
tection prototypes. ‘‘(3) be appointed by the President; and such a program;
‘‘(4) CONSULTATION.—To ensure input from ‘‘(4) report directly to the Secretary.’’; ‘‘(10) in consultation with the Chief Infor-
and coordination with State, local, and Trib- (C) in subsection (c)— mation Officer of the Department—
al governments, the Assistant Secretary (i) in the matter preceding paragraph (1), ‘‘(A) identifying methods and technologies
shall regularly consult and work with the by striking ‘‘medical issues related to nat- for managing, updating, and overseeing pa-
Advisory Council on the administration of ural disasters, acts of terrorism, and other tient records; and
Federal assistance provided by the Depart- man-made disasters’’ and inserting ‘‘over- ‘‘(B) setting standards for technology used
ment, including with respect to the develop- sight of all medical, public health, and work- by the components of the Department re-
ment of requirements for countering weap- force health and safety matters of the De- garding the collection, storage, and over-
ons of mass destruction programs, as appro- partment’’; sight of medical records;
dlhill on DSK120RN23PROD with SENATE
priate. (ii) in paragraph (1), by striking ‘‘, the Ad- ‘‘(11) advising the Secretary and the head
‘‘(5) VOLUNTARY SERVICE.—The members of ministrator of the Federal Emergency Man- of each component of the Department that
the Advisory Council shall serve on the Advi- agement Agency, the Assistant Secretary, delivers direct patient care regarding con-
sory Council on a voluntary basis. and other Department officials’’ and insert- tracts for the delivery of direct patient care,
‘‘(6) FACA.—The Federal Advisory Com- ing ‘‘and all other Department officials’’; other medical services, and medical supplies;
mittee Act (5 U.S.C. App.) shall not apply to (iii) in paragraph (4), by striking ‘‘and’’ at ‘‘(12) coordinating with the Countering
the Advisory Council.’’. the end; Weapons of Mass Destruction Office and
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S5612 CONGRESSIONAL RECORD — SENATE September 29, 2022
other components of the Department as di- Act, and serving as the Chief Medical Officer ical care, including activities conducted by
rected by the Secretary to enhance the abil- of the Department of Homeland Security on individuals, committees, or other review
ity of Federal, State, local, Tribal, and terri- the day before the date of enactment of this bodies responsible for quality assurance, cre-
torial governments to prevent, detect, pro- Act, shall continue to serve as the Chief dentials, infection control, incident report-
tect against, and mitigate the health effects Medical Officer of the Department on and ing, the delivery, advisement, and oversight
of chemical, biological, radiological, and nu- after the date of enactment of this Act with- of direct patient care and assessment (in-
clear issues; and’’; and out the need for reappointment. cluding treatment procedures, blood, drugs,
(D) by adding at the end the following: (2) RULE OF CONSTRUCTION.—The rule of and therapeutics), medical records, health
‘‘(d) ASSISTANCE AND AGREEMENTS.—The construction described in section 2(hh) of the resources management review, and identi-
Secretary, acting through the Chief Medical Presidential Appointment Efficiency and fication and prevention of medical, mental
Officer, in support of the medical and public Streamlining Act of 2011 (5 U.S.C. 3132 note) health, or dental incidents and risks.
health activities of the Department, may— shall not apply to the Chief Medical Officer ‘‘(3) MEDICAL QUALITY ASSURANCE RECORD
‘‘(1) provide technical assistance, training, of the Department of Homeland Security, in- OF THE DEPARTMENT.—The term ‘medical
and information and distribute funds cluding the incumbent who holds the posi- quality assurance record of the Department’
through grants and cooperative agreements tion on the day before the date of enactment means all information, including the pro-
to State, local, Tribal, and territorial gov- of this Act, and such officer shall be paid ceedings, records (including patient records
ernments and nongovernmental organiza- pursuant to section 3132(a)(2) or 5315 of title that the Department creates and maintains
tions; 5, United States Code. as part of a system of records), minutes, and
‘‘(2) enter into other transactions; (3) TRANSFER.—The Secretary of Homeland reports that—
‘‘(3) enter into agreements with other Fed- Security shall transfer to the Chief Medical ‘‘(A) emanate from quality assurance pro-
eral agencies; and Officer of the Department of Homeland Secu- gram activities described in paragraph (2);
‘‘(4) accept services from personnel of com- rity— and
ponents of the Department and other Federal (A) all functions, personnel, budget author- ‘‘(B) are produced or compiled by the De-
agencies on a reimbursable or nonreimburs- ity, and assets of the Under Secretary for partment as part of a medical quality assur-
able basis. Management relating to workforce health ance program.
‘‘(e) OFFICE OF HEALTH SECURITY PRIVACY ‘‘(b) CONFIDENTIALITY OF RECORDS.—A med-
and safety, as in existence on the day before
OFFICER.—There shall be a Privacy Officer in ical quality assurance record of the Depart-
the date of enactment of this Act;
the Office of Health Security with primary ment that is created as part of a medical
(B) all functions, personnel, budget author-
responsibility for privacy policy and compli- quality assurance program—
ity, and assets of the Assistant Secretary for
ance within the Office, who shall— ‘‘(1) is confidential and privileged; and
the Countering Weapons of Mass Destruction
‘‘(1) report directly to the Chief Medical ‘‘(2) except as provided in subsection (d),
Office relating to the Chief Medical Officer,
Officer; and may not be disclosed to any person or entity.
including the Medical Operations Direc- ‘‘(c) PROHIBITION ON DISCLOSURE AND TESTI-
‘‘(2) ensure privacy protections are inte-
torate of the Countering Weapons of Mass MONY.—Except as otherwise provided in this
grated into all Office of Health Security ac-
Destruction Office, as in existence on the section—
tivities, subject to the review and approval
day before the date of enactment of this Act; ‘‘(1) no part of any medical quality assur-
of the Privacy Officer of the Department to
and ance record of the Department may be sub-
the extent consistent with the authority of
(C) all functions, personnel, budget author- ject to discovery or admitted into evidence
the Privacy Officer of the Department under
ity, and assets of the Assistant Secretary for in any judicial or administrative proceeding;
section 222.
‘‘(f) ACCOUNTABILITY.— the Countering Weapons of Mass Destruction and
‘‘(1) STRATEGY AND IMPLEMENTATION Office associated with the efforts pertaining ‘‘(2) an individual who reviews or creates a
PLAN.—Not later than 180 days after the date to the program coordination activities relat- medical quality assurance record of the De-
of enactment of this section, and every 4 ing to defending the food, agriculture, and partment or who participates in any pro-
years thereafter, the Secretary shall create a veterinary defenses of the Office, as in exist- ceeding that reviews or creates a medical
Departmentwide strategy and implementa- ence on the day before the date of enactment quality assurance record of the Department
tion plan to address health threats. of this Act. may not be permitted or required to testify
‘‘(2) BRIEFING.—Not later than 90 days after SEC. 5202. MEDICAL COUNTERMEASURES PRO- in any judicial or administrative proceeding
GRAM.
the date of enactment of this section, the with respect to the record or with respect to
Secretary shall brief the appropriate con- The Homeland Security Act of 2002 (6 any finding, recommendation, evaluation,
gressional committees on the organizational U.S.C. 101 et seq.) is amended by redesig- opinion, or action taken by that individual
transformations of the Office of Health Secu- nating section 1932 (6 U.S.C. 597a) as section in connection with the record.
rity, including how best practices were used 2304 and transferring such section to appear ‘‘(d) AUTHORIZED DISCLOSURE AND TESTI-
in the creation of the Office of Health Secu- after section 2303, as so redesignated by sec- MONY.—
rity.’’; tion 5201 of this division. ‘‘(1) IN GENERAL.—Subject to paragraph (2),
(5) by redesignating section 710 (6 U.S.C. SEC. 5203. CONFIDENTIALITY OF MEDICAL QUAL- a medical quality assurance record of the De-
350) as section 2302 and transferring such sec- ITY ASSURANCE RECORDS. partment may be disclosed, and a person de-
tion to appear after section 2301, as so redes- Title XXIII of the Homeland Security Act scribed in subsection (c)(2) may give testi-
ignated; of 2002, as added by this division, is amended mony in connection with the record, only as
(6) in section 2302, as so redesignated— by adding at the end the following: follows:
(A) in the section heading, by striking ‘‘SEC. 2305. CONFIDENTIALITY OF MEDICAL ‘‘(A) To a Federal agency or private orga-
‘‘MEDICAL SUPPORT’’ and inserting ‘‘SAFETY’’; QUALITY ASSURANCE RECORDS. nization, if the medical quality assurance
(B) in subsection (a), by striking ‘‘Under ‘‘(a) DEFINITIONS.—In this section: record of the Department or testimony is
Secretary for Management’’ each place that ‘‘(1) HEALTH CARE PROVIDER.—The term needed by the Federal agency or private or-
term appears and inserting ‘‘Chief Medical ‘health care provider’ means an individual ganization to—
Officer’’; and who— ‘‘(i) perform licensing or accreditation
(C) in subsection (b)— ‘‘(A) is— functions related to Department health care
(i) in the matter preceding paragraph (1), ‘‘(i) an employee of the Department; facilities, a facility affiliated with the De-
by striking ‘‘Under Secretary for Manage- ‘‘(ii) a detailee to the Department from an- partment, or any other location authorized
ment, in coordination with the Chief Medical other Federal agency; by the Secretary for the performance of
Officer,’’ and inserting ‘‘Chief Medical Offi- ‘‘(iii) a personal services contractor of the health care services; or
cer’’; and Department; or ‘‘(ii) perform monitoring, required by law,
(ii) in paragraph (3), by striking ‘‘as ‘‘(iv) hired under a contract for services; of Department health care facilities, a facil-
deemed appropriate by the Under Sec- ‘‘(B) performs health care services as part ity affiliated with the Department, or any
retary,’’; of duties of the individual in that capacity; other location authorized by the Secretary
(7) by redesignating section 528 (6 U.S.C. and for the performance of health care services.
321q) as section 2303 and transferring such ‘‘(C) has a current, valid, and unrestricted ‘‘(B) To an administrative or judicial pro-
section to appear after section 2302, as so re- license or certification— ceeding concerning an adverse action related
designated; and ‘‘(i) that is issued by a State, the District to the credentialing of or health care pro-
(8) in section 2303(a), as so redesignated, by of Columbia, or a commonwealth, territory, vided by a present or former health care pro-
striking ‘‘Assistant Secretary for the Coun- or possession of the United States; and vider by the Department.
tering Weapons of Mass Destruction Office’’ ‘‘(ii) that is for the practice of medicine, ‘‘(C) To a governmental board or agency or
dlhill on DSK120RN23PROD with SENATE
and inserting ‘‘Chief Medical Officer’’. osteopathic medicine, dentistry, nursing, to a professional health care society or orga-
(b) TRANSITION AND TRANSFERS.— emergency medical services, or another nization, if the medical quality assurance
(1) TRANSITION.—The individual appointed health profession. record of the Department or testimony is
pursuant to section 1931 of the Homeland Se- ‘‘(2) MEDICAL QUALITY ASSURANCE PRO- needed by the board, agency, society, or or-
curity Act of 2002 (6 U.S.C. 597) of the Depart- GRAM.—The term ‘medical quality assurance ganization to perform licensing,
ment of Homeland Security, as in effect on program’ means any activity carried out by credentialing, or the monitoring of profes-
the day before the date of enactment of this the Department to assess the quality of med- sional standards with respect to any health
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5613
care provider who is or was a health care provided in good faith based on prevailing (A) in the paragraph heading, by striking
provider for the Department. professional standards at the time the med- ‘‘HAWAIIAN NATIVE-SERVING’’ and inserting
‘‘(D) To a hospital, medical center, or ical quality assurance program activity took ‘‘NATIVE HAWAIIAN-SERVING’’; and
other institution that provides health care place. (B) by striking ‘‘Hawaiian native-serving’’
services, if the medical quality assurance ‘‘(i) APPLICATION TO INFORMATION IN CER- and inserting ‘‘ ‘Native Hawaiian-serving’’;
record of the Department or testimony is TAIN OTHER RECORDS.—Nothing in this sec- (6) by striking the subtitle heading for sub-
needed by the institution to assess the pro- tion shall be construed as limiting access to title C of title XIX;
fessional qualifications of any health care the information in a record created and (7) by striking section 1932 (6 U.S.C. 597a);
provider who is or was a health care provider maintained outside a medical quality assur- and
for the Department and who has applied for ance program, including the medical record (8) in section 2306, as so redesignated by
or been granted authority or employment to of a patient, on the grounds that the infor- section 5204 of this division—
provide health care services in or on behalf mation was presented during meetings of a (A) by inserting ‘‘PORTABILITY OF LICEN-
of the institution. review body that are part of a medical qual- SURE.’’ after ‘‘2306.’’; and
‘‘(E) To an employee, a detailee, or a con- ity assurance program. (B) in subsection (a), by striking ‘‘(a) Not-
tractor of the Department who has a need for ‘‘(j) PENALTY.—Any person who willfully withstanding’’ and inserting the following:
the medical quality assurance record of the discloses a medical quality assurance record ‘‘(a) IN GENERAL.—Notwithstanding’’.
Department or testimony to perform official of the Department other than as provided in
duties or duties within the scope of their this section, knowing that the record is a SA 6085. Mr. BLUMENTHAL (for
contract. medical quality assurance record of the De- himself, Mr. WYDEN, Ms. WARREN, Mr.
‘‘(F) To a criminal or civil law enforce- partment shall be fined not more than $3,000 KING, Mr. BENNET, Mrs. MURRAY, Ms.
ment agency or instrumentality charged in the case of a first offense and not more HIRONO, Mr. KAINE, Mr. DURBIN, Mr.
under applicable law with the protection of than $20,000 in the case of a subsequent of-
BOOKER, Mr. HICKENLOOPER, Ms. KLO-
the public health or safety, if a qualified rep- fense.
‘‘(k) RELATIONSHIP TO COAST GUARD.—The BUCHAR, Mr. VAN HOLLEN, Mr. SANDERS,
resentative of the agency or instrumentality
makes a written request that the medical requirements of this section shall not apply Mrs. GILLIBRAND, Mrs. FEINSTEIN, Ms.
quality assurance record of the Department to any medical quality assurance record of COLLINS, Ms. BALDWIN, Mr. HEINRICH,
or testimony be provided for a purpose au- the Department that is created by or for the and Mr. MURPHY) submitted an amend-
thorized by law. Coast Guard as part of a medical quality as- ment intended to be proposed to
‘‘(G) In an administrative or judicial pro- surance program.’’. amendment SA 5499 submitted by Mr.
ceeding commenced by a criminal or civil SEC. 5204. PORTABILITY OF LICENSURE. REED (for himself and Mr. INHOFE) and
law enforcement agency or instrumentality (a) TRANSFER.—Section 16005 of the CARES intended to be proposed to the bill H.R.
described in subparagraph (F), but only with Act (6 U.S.C. 320 note) is redesignated as sec-
respect to the subject of the proceeding.
7900, to authorize appropriations for
tion 2306 of the Homeland Security Act of
‘‘(2) PERSONALLY IDENTIFIABLE INFORMA- 2002 and transferred so as to appear after sec-
fiscal year 2023 for military activities
TION.— tion 2305, as added by section 5203 of this di- of the Department of Defense, for mili-
‘‘(A) IN GENERAL.—With the exception of vision. tary construction, and for defense ac-
the subject of a quality assurance action, (b) REPEAL.—Section 2306 of the Homeland tivities of the Department of Energy,
personally identifiable information of any Security Act of 2002, as so redesignated by to prescribe military personnel
person receiving health care services from subsection (a), is amended by striking sub- strengths for such fiscal year, and for
the Department or of any other person asso- section (c). other purposes; which was ordered to
ciated with the Department for purposes of a SEC. 5205. TECHNICAL AND CONFORMING
medical quality assurance program that is
lie on the table; as follows:
AMENDMENTS.
disclosed in a medical quality assurance The Homeland Security Act of 2002 (6 At the end of subtitle G of title X, add the
record of the Department shall be deleted U.S.C. 101 et seq.) is amended— following:
from that record before any disclosure of the (1) in the table of contents in section 1(b) SEC. 1077. LIMITATION ON COPAYMENTS FOR
record is made outside the Department. CONTRACEPTION FOR VETERANS.
(Public Law 107–296; 116 Stat. 2135)—
‘‘(B) APPLICATION.—The requirement under (A) by striking the items relating to sec- Section 1722A(a)(2) of title 38, United
subparagraph (A) shall not apply to the re- tions 528 and 529 and inserting the following: States Code, is amended—
lease of information that is permissible (1) by striking ‘‘to pay’’ and all that fol-
‘‘Sec. 528. Transfer of equipment during a lows through the period and inserting ‘‘to
under section 552a of title 5, United States public health emergency.’’;
Code (commonly known as the ‘Privacy Act pay—’’; and
(B) by striking the items relating to sec- (2) by adding at the end the following new
of 1974’). tions 710, 711, 712, and 713 and inserting the
‘‘(e) DISCLOSURE FOR CERTAIN PURPOSES.— subparagraphs:
following: ‘‘(A) an amount in excess of the cost to the
Nothing in this section shall be construed—
‘‘(1) to authorize or require the with- ‘‘Sec. 710. Employee engagement. Secretary for medication described in para-
holding from any person or entity aggregate ‘‘Sec. 711. Annual employee award program. graph (1); or
statistical information regarding the results ‘‘Sec. 712. Acquisition professional career ‘‘(B) an amount for any contraceptive item
of medical quality assurance programs; or program.’’; for which coverage under health insurance
‘‘(2) to authorize the withholding of any (C) by inserting after the item relating to coverage is required without the imposition
medical quality assurance record of the De- section 1928 the following: of any cost-sharing requirement pursuant to
partment from a committee of either House ‘‘Sec. 1929. Accountability.’’; section 2713(a)(4) of the Public Health Serv-
of Congress, any joint committee of Con- (D) by striking the items relating to sub- ice Act (42 U.S.C. 300gg–13(a)(4)).’’.
gress, or the Comptroller General of the title C of title XIX and sections 1931 and 1932;
United States if the record pertains to any and SA 6086. Ms. HASSAN (for herself and
matter within their respective jurisdictions. (E) by adding at the end the following: Ms. MURKOWSKI) submitted an amend-
‘‘(f) PROHIBITION ON DISCLOSURE OF INFOR- ‘‘TITLE XXIII—OFFICE OF HEALTH ment intended to be proposed to
MATION, RECORD, OR TESTIMONY.—A person or SECURITY amendment SA 5499 submitted by Mr.
entity having possession of or access to a
medical quality assurance record of the De- ‘‘Sec. 2301. Office of Health Security. REED (for himself and Mr. INHOFE) and
partment or testimony described in this sec- ‘‘Sec. 2302. Workforce health and safety. intended to be proposed to the bill H.R.
tion may not disclose the contents of the ‘‘Sec. 2303. Coordination of Department of 7900, to authorize appropriations for
record or testimony in any manner or for Homeland Security efforts re- fiscal year 2023 for military activities
any purpose except as provided in this sec- lated to food, agriculture, and
of the Department of Defense, for mili-
tion. veterinary defense against ter-
rorism. tary construction, and for defense ac-
‘‘(g) EXEMPTION FROM FREEDOM OF INFOR-
MATION ACT.—A medical quality assurance ‘‘Sec. 2304. Medical countermeasures pro- tivities of the Department of Energy,
record of the Department shall be exempt gram. to prescribe military personnel
from disclosure under section 552(b)(3) of ‘‘Sec. 2305. Confidentiality of medical qual- strengths for such fiscal year, and for
title 5, United States Code (commonly ity assurance records. other purposes; which was ordered to
known as the ‘Freedom of Information Act’). ‘‘Sec. 2306. Portability of licensure.’’; lie on the table; as follows:
‘‘(h) LIMITATION ON CIVIL LIABILITY.—A per- (2) by redesignating section 529 (6 U.S.C.
At the end of title X, add the following:
dlhill on DSK120RN23PROD with SENATE
son who participates in the review or cre- 321r) as section 528;
ation of, or provides information to a person (3) in section 704(e)(4) (6 U.S.C. 344(e)(4)), by Subtitle H—Mainstreaming Addiction
or body that reviews or creates, a medical striking ‘‘section 711(a)’’ and inserting ‘‘sec- Treatment
quality assurance record of the Department tion 710(a))’’; SEC. 1081. SHORT TITLE.
shall not be civilly liable for that participa- (4) by redesignating sections 711, 712, and This subtitle may be cited as the
tion or for providing that information if the 713 as sections 710, 711, and 712, respectively; ‘‘Mainstreaming Addiction Treatment Act of
participation or provision of information was (5) in section 1923(b)(3) (6 U.S.C. 592(b)(3))— 2022’’.
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S5614 CONGRESSIONAL RECORD — SENATE September 29, 2022
SEC. 1082. ELIMINATING SEPARATE REGISTRA- SEC. 1083. NATIONAL EDUCATION CAMPAIGN. to prescribe military personnel
TION REQUIREMENT FOR DIS- (a) IN GENERAL.—The Secretary of Health
PENSING NARCOTIC DRUGS IN
strengths for such fiscal year, and for
and Human Services, acting through the As- other purposes; which was ordered to
SCHEDULES III, IV, AND V FOR MAIN-
sistant Secretary for Mental Health and Sub-
TENANCE OR DETOXIFICATION lie on the table; as follows:
TREATMENT. stance Use, shall conduct a national cam-
paign to educate practitioners with respect At the appropriate place in subtitle G of
(a) IN GENERAL.—Section 303(g) of the Con- to the elimination of the separate registra- title X, insert the following:
trolled Substances Act (21 U.S.C. 823(g)) is tion requirement under section 303(g) of the SEC. 10ll. AMENDMENT TO REGULATIONS EX-
amended— EMPTING ENGINES/EQUIPMENT FOR
Controlled Substances Act (21 U.S.C. 823(g)), NATIONAL SECURITY.
(1) by striking paragraph (2); as in effect on the day before the date of en- Not later than 90 days after the date of en-
(2) by striking ‘‘(g)(1) Except as provided in actment of this Act, for dispensing narcotic actment of this Act, the Administrator of
paragraph (2), practitioners who dispense drugs in schedule III, IV, and V for mainte- the Environmental Protection Agency shall
narcotic drugs to individuals for mainte- nance or detoxification treatment. revise the regulations under section 1068.225
nance treatment or detoxification treat- (b) REQUIRED COMPONENTS.—The national of title 40, Code of Federal Regulations (as in
ment’’ and inserting ‘‘(g) Practitioners who education campaign under subsection (a) effect on the date of enactment of this Act),
dispense narcotic drugs (other than narcotic shall— to specify that an engine or equipment is ex-
drugs in schedule III, IV, or V) to individuals (1) encourage practitioners to integrate empt under that section without a request
for maintenance treatment or detoxification substance use treatment into their practices; described in that section if the engine or
treatment’’; and equipment—
(3) by redesignating subparagraphs (A), (B), (2) include education on publicly available (1) is for a marine vessel;
and (C) as paragraphs (1), (2), and (3), respec- educational resources and training modules (2) has a rated horsepower of 60 or less; and
tively; and that can assist practitioners in treating pa- (3) will be owned by a Federal, State, or
(4) in paragraph (2), as so redesignated, by tients with a substance use disorder. local emergency response or public safety
redesignating clauses (i) and (ii) as subpara- SEC. 1084. COMMUNITY HEALTH AIDES AND COM- agency responsible for domestic response or
graphs (A) and (B), respectively. MUNITY HEALTH PRACTITIONERS. homeland security activities.
(b) TECHNICAL AND CONFORMING EDITS.— (a) PRACTICE OF TELEMEDICINE.—Section
(1) Section 304 of the Controlled Sub- 102 of the Controlled Substances Act (21 SA 6088. Mr. TILLIS submitted an
stances Act (21 U.S.C. 824) is amended— U.S.C. 802) is amended— amendment intended to be proposed to
(A) in subsection (a), by striking (1) in paragraph (54)(A), by striking clause amendment SA 5499 submitted by Mr.
‘‘303(g)(1)’’ each place it appears and insert- (i) and inserting the following: REED (for himself and Mr. INHOFE) and
ing ‘‘303(g)’’; and ‘‘(i) while the patient is—
‘‘(I) being treated by, and physically lo-
intended to be proposed to the bill H.R.
(B) in subsection (d)(1), by striking
cated in, a hospital or clinic registered under 7900, to authorize appropriations for
‘‘303(g)(1)’’ and inserting ‘‘303(g)’’.
(2) Section 309A(a) of the Controlled Sub- section 303(f); or fiscal year 2023 for military activities
stances Act (21 U.S.C. 829a(a)) is amended by ‘‘(II) for purposes of section 302(h), being of the Department of Defense, for mili-
striking paragraph (2) and inserting the fol- treated by a community health aide or com- tary construction, and for defense ac-
lowing: munity health practitioner; and’’; tivities of the Department of Energy,
‘‘(2) the controlled substance— (2) by redesignating paragraph (58) as para- to prescribe military personnel
‘‘(A) is a narcotic drug in schedule III, IV, graph (59); strengths for such fiscal year, and for
or V to be administered for the purpose of (3) by redesignating the second paragraph other purposes; which was ordered to
maintenance or detoxification treatment; designated as paragraph (57) (relating to the
definition of ‘‘serious drug felony’’) as para-
lie on the table; as follows:
and
graph (58); At the end of subtitle G of title X, add the
‘‘(B) is to be administered by injection or
(4) by moving paragraphs (57), (58) (as so re- following:
implantation;’’.
designated), and (59) (as so redesignated) 2 SEC. 1077. MEMBERSHIP OF THE COMMITTEE ON
(3) Section 520E–4(c) of the Public Health FOREIGN INVESTMENT IN THE
Service Act (42 U.S.C. 290bb–36d(c)) is amend- ems to the left; and UNITED STATES.
ed, in the matter preceding paragraph (1), by (5) by adding at the end the following:
Section 721(k)(2) of the Defense Production
striking ‘‘information on any qualified prac- ‘‘(60) The terms ‘community health aide’
Act of 1950 (50 U.S.C. 4565(k)(2)) is amended—
titioner that is certified to prescribe medica- and ‘community health practitioner’ have
(1) by redesignating subparagraphs (H)
tion for opioid dependency under section the meanings within the meaning of section
through (J) as subparagraphs (I) through (K),
303(g)(2)(B) of the Controlled Substances 119 of the Indian Health Care Improvement
respectively; and
Act’’ and inserting ‘‘information on any Act (25 U.S.C. 1616l).’’.
(2) by inserting after subparagraph (G) the
practitioner who prescribes narcotic drugs in (b) DISPENSATION OF NARCOTIC DRUGS IN
following:
schedule III, IV, or V of section 202(c) of the SCHEDULE III, IV, OR V.—Section 302 of the
‘‘(H) The Secretary of Agriculture.’’.
Controlled Substances Act (21 U.S.C. 812(c)) Controlled Substances Act (21 U.S.C. 822) is
for the purpose of maintenance or detoxifica- amended by adding at the end the following: SA 6089. Mr. TILLIS submitted an
tion treatment’’. ‘‘(h) DISPENSATION OF NARCOTIC DRUGS IN amendment intended to be proposed to
(4) Section 544(a)(3) of the Public Health SCHEDULE III, IV, OR V BY CERTAIN PRACTI-
TIONERS.—
amendment SA 5499 submitted by Mr.
Service Act (42 U.S.C. 290dd–3(a)(3)) is
‘‘(1) IN GENERAL.—Notwithstanding sub- REED (for himself and Mr. INHOFE) and
amended by striking ‘‘any practitioner dis-
pensing narcotic drugs pursuant to section section (a)(2), a community health aide or intended to be proposed to the bill H.R.
303(g) of the Controlled Substances Act’’ and community health practitioner may dispense 7900, to authorize appropriations for
inserting ‘‘any practitioner dispensing nar- a narcotic drug in schedule III, IV, or V, such fiscal year 2023 for military activities
cotic drugs for the purpose of maintenance as buprenorphine, or a combination of such of the Department of Defense, for mili-
or detoxification treatment’’. drugs, to an individual for maintenance tary construction, and for defense ac-
(5) Section 1833 of the Social Security Act treatment or detoxification treatment (or tivities of the Department of Energy,
(42 U.S.C. 1395l) is amended by striking sub- both) without being registered under this to prescribe military personnel
section (bb). title if the drug is prescribed by a practi-
tioner through the practice of telemedicine.
strengths for such fiscal year, and for
(6) Section 1834(o) of the Social Security
‘‘(2) PREEMPTION.—Notwithstanding sec- other purposes; which was ordered to
Act (42 U.S.C. 1395m(o)) is amended by strik-
ing paragraph (3). tion 708, a State may not require a commu- lie on the table; as follows:
(7) Section 1866F(c)(3) of the Social Secu- nity health aide or community health practi- At the end of subtitle D of title XXXI, add
rity Act (42 U.S.C. 1395cc–6(c)(3)) is amend- tioner to be licensed by the State in order to the following:
ed— dispense narcotic drugs in accordance with SEC. 313lll. INCLUSION OF PHOSPHATE AND
paragraph (1) of this subsection.’’. POTASH AS CRITICAL MINERALS.
(A) in subparagraph (A), by inserting
‘‘and’’ at the end; The list of critical minerals published in
(B) in subparagraph (B), by striking ‘‘; SA 6087. Mr. TILLIS submitted an the notice of the Secretary of the Interior
and’’ and inserting a period; and amendment intended to be proposed to entitled ‘‘2022 Final List of Critical Min-
(C) by striking subparagraph (C). erals’’ (87 Fed. Reg. 10381 (February 24, 2022))
amendment SA 5499 submitted by Mr.
(8) Section 1903(aa)(2)(C) of the Social Se- shall be deemed to include phosphate and
REED (for himself and Mr. INHOFE) and
dlhill on DSK120RN23PROD with SENATE
curity Act (42 U.S.C. 1396b(aa)(2)(C)) is potash.
intended to be proposed to the bill H.R.
amended—
7900, to authorize appropriations for SA 6090. Mr. CASSIDY (for himself,
(A) in clause (i), by inserting ‘‘and’’ at the
end; fiscal year 2023 for military activities Mr. WYDEN, and Mr. WHITEHOUSE) sub-
(B) by striking clause (ii); and of the Department of Defense, for mili- mitted an amendment intended to be
(C) by redesignating clause (iii) as clause tary construction, and for defense ac- proposed to amendment SA 5499 sub-
(ii). tivities of the Department of Energy, mitted by Mr. REED (for himself and
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5615
Mr. INHOFE) and intended to be pro- drug-trafficking organizations and (i) the activities of transnational criminal
posed to the bill H.R. 7900, to authorize transnational criminal organizations in the organizations, including illicit trade and
appropriations for fiscal year 2023 for Western Hemisphere that use trade-based trade-based money laundering; and
money laundering to disguise the proceeds of (ii) the illicit economies such organiza-
military activities of the Department
drug trafficking. tions operate in;
of Defense, for military construction, (14) The presence of drug traffickers in the (D) coordinate with international partners
and for defense activities of the De- United States and their intrinsic connection to implement that strategy, exhorting those
partment of Energy, to prescribe mili- to international threat networks, as well as partners to strengthen their approaches to
tary personnel strengths for such fiscal the use of licit trade to further their mo- combating transnational criminal organiza-
year, and for other purposes; which was tives, is a national security concern. tions; and
ordered to lie on the table; as follows: (15) Drug-trafficking organizations fre- (E) review that strategy on a biennial basis
quently use the trade-based money laun- and improve it as needed in order to most ef-
At the end of subtitle F of title XII, add
dering scheme known as the ‘‘Black Market fectively address illicit economies, illicit
the following:
Peso Exchange’’ to move their ill-gotten trade, and trade-based money laundering by
SEC. 1276. SENSE OF CONGRESS ON THREAT
POSED BY ACTIVITIES OF
gains out of the United States and into Cen- exploring the use of emerging technologies
TRANSNATIONAL CRIMINAL ORGANI- tral and South America. and other new avenues for interrupting and
ZATIONS. (16) United States ports and U.S. Customs putting an end to those activities; and
(a) FINDINGS.—Congress makes the fol- and Border Protection do not have the ca- (3) the Trade Transparency Unit program
lowing findings: pacity to properly examine the 60,000,000 of the Department of Homeland Security
(1) Trade-based money laundering is among shipping containers that pass through should take steps to strengthen its work, in-
the most widely used and least understood United States ports annually, with only 2 to cluding in countries that the Department of
forms of money laundering, disguising pro- 5 percent of that cargo actively inspected. State has identified as major money laun-
ceeds of crime by moving value through (17) Trade-based money laundering can dering jurisdictions under section 489 of the
international trade transactions in an at- only be combated effectively if the intel- Foreign Assistance Act of 1961 (22 U.S.C.
tempt to legitimize illicit origins of money ligence community, law enforcement agen- 2291h).
cies, the Department of State, the Depart- ---
or products.
(2) The transnational nature and com- ment of Defense, the Department of the SA 6091. Ms. MURKOWSKI (for her-
plexity of trade-based money laundering Treasury, the Department of Homeland Se- self and Mr. CASEY) submitted an
make detection and investigation exceed- curity, the Department of Justice, and the amendment intended to be proposed to
ingly difficult. private sector work together. amendment SA 5499 submitted by Mr.
(3) Drug trafficking organizations, ter- (18) Drug-trafficking organizations, ter- REED (for himself and Mr. INHOFE) and
rorist organizations, and other transnational rorist organizations, and other transnational
criminal organizations disguise the proceeds
intended to be proposed to the bill H.R.
criminal organizations have succeeded at 7900, to authorize appropriations for
trade-based money laundering despite the of their illegal activities behind sophisti-
best efforts of United States law enforce- cated mechanisms that operate seamlessly fiscal year 2023 for military activities
ment. between licit and illicit trade and financial of the Department of Defense, for mili-
(4) Trade-based money laundering includes transactions, making it almost impossible to tary construction, and for defense ac-
other offenses such as tax evasion, disrup- address without international cooperation. tivities of the Department of Energy,
tion of markets, profit loss for businesses, (19) Whereas the United States has estab- to prescribe military personnel
and corruption of government officials, and lished Trade Transparency Units with 18 strengths for such fiscal year, and for
constitutes a persistent threat to the econ- partner countries, including with major
drug-producing and transit countries, to fa-
other purposes; which was ordered to
omy and security of the United States. lie on the table; as follows:
(5) Trade-based money laundering can re- cilitate the increased exchange of import-ex-
sult in the decreased collection of customs port data to combat trade-based money laun- At the end, add the following:
duties as a result of the undervaluation of dering. DIVISION E—CAPTA REAUTHORIZATION
imports and fraudulent cargo manifests. (b) SENSE OF CONGRESS.—It is the sense of ACT OF 2022
(6) Trade-based money laundering can de- Congress that— SEC. 5001 SHORT TITLE.
crease tax revenue collected as a result of (1) the activities of transnational criminal This division may be cited as the ‘‘CAPTA
the sale of underpriced goods in the market- organizations and their networks, and the Reauthorization Act of 2022’’.
place. means by which such organizations and net- SEC. 5002. AMENDED CAPTA TABLE OF CON-
(7) Trade-based money laundering is one works move and launder their ill-gotten TENTS.
mechanism by which counterfeiters infil- gains, such as through the use of illicit The Child Abuse Prevention and Treat-
trate supply chains, threatening the quality economies, illicit trade, and trade-based ment Act (42 U.S.C. 5101 et seq.) is amended—
and safety of consumer, industrial, and mili- money laundering, pose a threat to the na- (1) by striking section 2; and
tary products. tional interests and national security of the (2) by amending the table of contents
(8) Drug trafficking organizations collabo- United States and allies and partners of the under section 1(b) to read as follows:
rate with Chinese criminal networks to laun- United States around the world; ‘‘TABLE OF CONTENTS
der profits from drug trafficking through (2) in addition to considering the coun- ‘‘Sec. 1. Short title.
Chinese messaging applications. tering of illicit economies, illicit trade, and ‘‘Sec. 2. Definitions.
(9) On March 16, 2021, the Commander of trade-based money laundering as a national
‘‘TITLE I—GENERAL PROGRAM
the United States Southern Command, Ad- priority and committing to detect, address,
miral Faller, testified to the Committee on and prevent such activities, the President ‘‘Sec. 101. Office on Child Abuse and Neglect.
Armed Services of the Senate that should— ‘‘Sec. 102. Interagency work group on child
transnational criminal organizations ‘‘mar- (A) continue to assess, in the periodic na- abuse and neglect.
ket in drugs and people and guns and illegal tional risk assessments on money laun- ‘‘Sec. 103. National clearinghouse for infor-
mining, and one of the prime sources that dering, terrorist financing, and proliferation mation relating to child abuse.
‘‘Sec. 104. Research and assistance activi-
underwrites their efforts is Chinese money- financing conducted by the Department of
ties.
laundering’’. the Treasury, the ongoing risks of trade-
‘‘Sec. 105. Grants to States, Indian Tribes or
(10) The deaths and violence associated based money laundering;
Tribal organizations, and public
with drug traffickers, the financing of ter- (B) finalize the assessment described in the
or private agencies and organi-
rorist organizations and other violent non- Explanatory Statement accompanying the
zations.
state actors, and the adulteration of supply Financial Services and General Government ‘‘Sec. 106. Grants to States for child abuse
chains with counterfeit goods showcase the Appropriations Act, 2020 (division C of the or neglect prevention and treat-
danger trade-based money laundering poses Consolidated Appropriations Act, 2020 (Pub- ment programs.
to the United States. lic Law 116–93)), which directs the Financial ‘‘Sec. 107. Grants to States for programs re-
(11) Trade-based money laundering under- Crimes Enforcement Network of the Depart- lating to the investigation and
mines national security and the rule of law ment of the Treasury to thoroughly assess prosecution of child abuse and
in countries where it takes place. the risk that trade-based money laundering neglect cases.
(12) Illicit profits for transnational crimi- and other forms of illicit finance pose to na- ‘‘Sec. 108. National child abuse hotline.
nal organizations and other criminal organi- tional security; ‘‘Sec. 109. Miscellaneous requirements relat-
dlhill on DSK120RN23PROD with SENATE
zations can lead to instability globally. (C) work expeditiously to develop, finalize, ing to assistance.
(13) The United States is facing a drug use and execute a strategy, as described in sec- ‘‘Sec. 110. Coordination of child abuse and
and overdose epidemic, as well as an increase tion 6506 of the Anti-Money Laundering Act neglect programs.
in consumption of synthetic drugs, such as of 2020 (title LXV of division F of Public Law ‘‘Sec. 111. Reports.
methamphetamine and fentanyl, which is 116–283; 134 Stat. 4631), drawing on the mul- ‘‘Sec. 112. Monitoring and oversight.
often enabled by Chinese money laundering tiple instruments of United States national ‘‘Sec. 113. Rule of construction.
organizations operating in coordination with power available, to counter— ‘‘Sec. 114. Authorization of appropriations.
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S5616 CONGRESSIONAL RECORD — SENATE September 29, 2022
‘‘TITLE II—COMMUNITY-BASED GRANTS disability as defined in section 632 of such strong and children are less likely to experi-
FOR THE PREVENTION OF CHILD Act (20 U.S.C. 1432). ence child abuse and neglect.
ABUSE AND NEGLECT ‘‘(5) CHILD OR YOUTH OVERREPRESENTED IN ‘‘(16) RESPITE CARE SERVICES.—The term
‘‘Sec. 201. Purposes. THE CHILD WELFARE SYSTEM.—The term ‘child ‘respite care services’ means services, includ-
‘‘Sec. 202. Authorization of grants. or youth overrepresented in the child welfare ing the services of crisis nurseries, that are—
‘‘Sec. 203. Lead entity. system’ includes any children and youth who ‘‘(A) provided in the temporary absence of
‘‘Sec. 204. Application. belong to populations who are the focus of the regular caregiver (meaning a parent,
‘‘Sec. 205. Uses of funds. research efforts authorized under section other relative, foster parent, adoptive par-
‘‘Sec. 206. Performance measures. 404N of the Public Health Service Act (42 ent, or guardian);
‘‘Sec. 207. National technical assistance for U.S.C. 283p) or described in the National In- ‘‘(B) provided to children who—
community-based family stitutes of Health notice NOT–OD–19–139 ‘‘(i) are in danger of child abuse or neglect;
strengthening services. issued on August 28, 2019. ‘‘(ii) have experienced child abuse or ne-
‘‘Sec. 208. Rule of construction. ‘‘(6) COMMUNITY-BASED FAMILY STRENGTH- glect; or
‘‘Sec. 209. Authorization of appropriations. ENING SERVICES.—The term ‘community- ‘‘(iii) have disabilities or chronic or ter-
‘‘TITLE III—PREVENTING CHILD FATALI- based family strengthening services’ in- minal illnesses;
TIES DUE TO CHILD ABUSE AND NE- cludes services that— ‘‘(C) provided within or outside the home
‘‘(A) are provided by organizations car- of the child;
GLECT
rying out programs such as family resource ‘‘(D) short-term care (ranging from a few
‘‘Subtitle A—Public Health Approaches to hours to a few weeks of time, per year); and
Identify and Prevent Child Fatalities and programs, family support programs, vol-
‘‘(E) intended to enable the family to stay
Near Fatalities Due to Child Abuse and Ne- untary home visiting programs, respite care
together and to keep the child living in the
glect services programs, parenting education, mu-
home and community of the child.
tual support programs for parents and chil-
‘‘Sec. 301. Purpose. ‘‘(17) SECRETARY.—The term ‘Secretary’
‘‘Sec. 302. Federal Work Group on Data Col- dren, parent partner programs, family advo-
means the Secretary of Health and Human
lection Related to Child Fatali- cate programs, and other community pro-
Services.
ties and Near Fatalities Due to grams or networks of such programs; and
‘‘(18) SERIOUS BODILY INJURY.—The term
Child Abuse and Neglect. ‘‘(B) are designed to prevent or respond to ‘serious bodily injury’ means bodily injury
‘‘Sec. 303. Case registry for child fatalities child abuse and neglect and support families which involves substantial risk of death, ex-
and near fatalities due to child in building protective factors linked to the treme physical pain, protracted and obvious
abuse and neglect. prevention of child abuse and neglect. disfigurement, or protracted loss or impair-
‘‘Sec. 304. Grants for State, Indian Tribe, ‘‘(7) COMMUNITY REFERRAL SERVICES.—The ment of the function of a bodily member,
and Tribal organization child term ‘community referral services’ means organ, or mental faculty.
fatality review of child abuse services provided under contract or through ‘‘(19) SEXUAL ABUSE.—The term ‘sexual
and neglect fatalities and near an interagency agreement to assist families abuse’ includes—
fatalities. in obtaining needed information, mutual ‘‘(A) the employment, use, persuasion, in-
‘‘Sec. 305. Assisting State, Indian Tribe, and support, and community resources, including ducement, enticement, or coercion of any
Tribal organization implemen- respite care services, health care services child to engage in, or assist any other person
tation. (including mental health and substance use to engage in, any sexually explicit conduct
disorder services), employability develop- or simulation of such conduct for the pur-
‘‘Subtitle B—Child Abuse and Neglect ment and workforce development, and other
Records pose of producing a visual depiction of such
social services, including early develop- conduct; and
‘‘Sec. 311. Electronic interstate data ex- mental screening of children, through help ‘‘(B) the rape, and in cases of caretaker or
change system. lines or other methods. inter-familial relationships, statutory rape,
‘‘Subtitle C—Authorization of ‘‘(8) FATALITY.—The term ‘fatality’, used molestation, prostitution, or other form of
Appropriations with respect to a child fatality that is due to sexual exploitation of children, or incest
‘‘Sec. 321. Authorization of appropriations. child abuse or neglect, means a fatality of a with children.
child that occurred— ‘‘(20) STATE.—Except as provided in section
‘‘TITLE IV—PUBLIC HEALTH RESPONSE
‘‘(A) due to an injury resulting from child 106(g), the term ‘State’ means each of the
TO INFANTS AFFECTED BY PARENTAL
abuse or neglect; or several States, the District of Columbia, the
SUBSTANCE USE DISORDER
‘‘(B) where child abuse or neglect was a Commonwealth of Puerto Rico, the Virgin
‘‘Sec. 401. Purpose. contributing factor to the cause of death. Islands, Guam, American Samoa, and the
‘‘Sec. 402. Requirements. ‘‘(9) GOVERNOR.—The term ‘Governor’ Commonwealth of the Northern Mariana Is-
‘‘Sec. 403. National technical assistance and means the chief executive officer of a State. lands.
reporting. ‘‘(10) HOMELESS CHILDREN AND YOUTH.—The ‘‘(21) WITHHOLDING OF MEDICALLY INDICATED
‘‘Sec. 404. Grant program authorized. term ‘homeless children and youth’ means TREATMENT.—The term ‘withholding of medi-
‘‘Sec. 405. Authorization of appropriations.’’. an individual who is described in section cally indicated treatment’ means the failure
SEC. 5003. DEFINITIONS. 725(2) of the McKinney-Vento Homeless As- to respond to the infant’s life-threatening
The Child Abuse Prevention and Treat- sistance Act (42 U.S.C. 11434a(2)). conditions by providing treatment (including
ment Act is amended by striking section 3 ‘‘(11) INDIAN; INDIAN TRIBE; TRIBAL ORGANI- appropriate nutrition, hydration, and medi-
(42 U.S.C. 5101 note) and inserting the fol- ZATION.—The terms ‘Indian’, ‘Indian Tribe’, cation), which, in the treating physician’s or
lowing: and ‘Tribal organization’ have the meanings physicians’ reasonable medical judgment,
‘‘SEC. 2. DEFINITIONS. given such terms in section 4 of the Indian will be most likely to be effective in amelio-
‘‘(a) IN GENERAL.—In this Act: Self-Determination and Education Assist- rating or correcting all such conditions, ex-
‘‘(1) ALASKA NATIVE.—The term ‘Alaska ance Act (25 U.S.C. 5304). cept that the term does not include the fail-
Native’ has the meaning given the term ‘Na- ‘‘(12) INDIVIDUALS WITH PERSONAL EXPERI- ure to provide treatment (other than appro-
tive’ in section 3 of the Alaska Native Claims ENCE IN THE CHILD WELFARE SYSTEM.—The priate nutrition, hydration, or medication)
Settlement Act (43 U.S.C. 1602) term ‘individuals with personal experience in to an infant when, in the treating physi-
‘‘(2) CHILD.—Subject to subsection (b)(2), the child welfare system’ means parents and cian’s or physicians’ reasonable medical
the term ‘child’ means a person who has not youth with current or previous involvement judgment—
attained the lesser of— in the child welfare system, kinship care- ‘‘(A) the infant is chronically and irrevers-
‘‘(A) the age of 18; or givers, foster and adoptive families, and ibly comatose;
‘‘(B) except in the case of sexual abuse, the adults who experienced child abuse or ne- ‘‘(B) the provision of such treatment
age specified by the child protection law of glect as children. would—
the State in which the child resides. ‘‘(13) NATIVE HAWAIIAN.—The term ‘Native ‘‘(i) merely prolong dying;
‘‘(3) CHILD ABUSE AND NEGLECT.—The term Hawaiian’ has the meaning given the term in ‘‘(ii) not be effective in ameliorating or
‘child abuse and neglect’ means, at a min- section 6207 of the Elementary and Sec- correcting all of the infant’s life-threatening
imum, any recent act or failure to act on the ondary Education Act of 1965 (20 U.S.C. 7517). conditions; or
part of a parent or caretaker, which results ‘‘(14) NEAR FATALITY.—The term ‘near fa- ‘‘(iii) otherwise be futile in terms of the
in death, serious physical or emotional tality’ means an act that, as certified by a survival of the infant; or
harm, sexual abuse or exploitation (includ- physician, places a child in serious or crit- ‘‘(C) the provision of such treatment would
ing sexual abuse as determined under para- ical condition. be virtually futile in terms of the survival of
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graph (19)), or an act or failure to act which ‘‘(15) PROTECTIVE FACTORS LINKED TO THE the infant and the treatment itself under
presents an imminent risk of serious harm. PREVENTION OF CHILD ABUSE AND NEGLECT.— such circumstances would be inhumane.
‘‘(4) CHILD WITH A DISABILITY.—The term The term ‘protective factors linked to the ‘‘(b) SPECIAL RULE.—
‘child with a disability’ means a child with a prevention of child abuse and neglect’ means ‘‘(1) IN GENERAL.—For purposes of para-
disability as defined in section 602 of the In- evidence-based or evidence-informed factors graphs (3) and (19) of subsection (a), a child
dividuals with Disabilities Education Act (20 that have been demonstrated to ensure that shall be considered a victim of child abuse
U.S.C. 1401), or an infant or toddler with a families are more likely to be healthy and and neglect or sexual abuse if the child is
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5617
identified, by an employee of the State or competitive contracts of not less than 3 ‘‘(i) the role of the child protective services
local agency involved, as being a victim of years duration, a national clearinghouse for system to identify children at risk of serious
sex trafficking (as defined in section 103 of information relating to child abuse and ne- harm; and
the Trafficking Victims Protection Act of glect. ‘‘(ii) how to direct families in need to al-
2000 (22 U.S.C. 7102)) or a victim of severe ternative pathways for community-based
‘‘(b) CONSULTATION.—In establishing the
forms of trafficking in persons (as defined in family strengthening services in order to
such section 103). clearinghouse under subsection (a), the Sec- safely reduce the number of families unnec-
‘‘(2) STATE OPTION.—Notwithstanding the retary shall consult with the head of each essarily involved with child protective serv-
definition of ‘child’ under subsection (a)(2), Federal agency involved with child abuse ices;
for purposes of application of paragraph (1), and neglect regarding— ‘‘(5) in conjunction with the National Re-
a State may elect to define the term ‘child’ ‘‘(1) the development of the components for source Centers authorized under section
as a person who has not attained the age of information collection; 310(b) of the Family Violence Prevention and
24. ‘‘(2) the management of such clearing- Services Act (42 U.S.C. 10410(b)), effective
‘‘(c) RULE OF CONSTRUCTION.—In this Act, house; and programs and best practices for developing
the term ‘substance use disorder’ includes al- ‘‘(3) mechanisms for the sharing of infor- and carrying out collaboration between enti-
cohol use disorder.’’. mation with other Federal agencies and ties providing child protective services and
TITLE LI—GENERAL PROGRAM clearinghouses. entities providing domestic violence serv-
SEC. 5101. INTERAGENCY WORK GROUP ON ‘‘(c) FUNCTIONS.—The Secretary, through ices;
CHILD ABUSE AND NEGLECT. the clearinghouse established under sub- ‘‘(6) the requirements of section 402(c) and
Section 102 of the Child Abuse Prevention section (a), shall maintain and disseminate best practices relating to the development,
and Treatment Act (42 U.S.C. 5102) is amend- information on— implementation, and monitoring of family
ed to read as follows: ‘‘(1) evidence-based and evidence-informed care plans as described in section 402(c) for
‘‘SEC. 102.
INTERAGENCY WORK GROUP ON programs, including private and community- infants affected by parental substance use
CHILD ABUSE AND NEGLECT. based programs, that have— disorder, including best practices on topics
‘‘(a) ESTABLISHMENT.—The Secretary may ‘‘(A) demonstrated success with respect to such as—
establish and operate an Interagency Work the prevention, assessment, identification, ‘‘(A) collaboration and coordination across
Group on Child Abuse and Neglect (referred and treatment of child abuse or neglect; and substance abuse agencies, child welfare agen-
to in this section as the ‘Work Group’). ‘‘(B) potential for broad-scale implementa- cies, maternal and child health agencies,
‘‘(b) COMPOSITION.—The Work Group shall tion and replication; family courts, early childhood development
be comprised of representatives from Federal ‘‘(2) the medical diagnosis and treatment entities, and other community partners; and
agencies with responsibility for child abuse of child abuse and neglect and the use of ‘‘(B) identification and delivery of services
and neglect related programs and activities trauma-informed practices that prevent and for affected infants and their families, in-
and other programs and activities that mitigate the effects of trauma and adverse cluding for infants affected by parental sub-
strengthen families and support child and childhood experiences; stance use disorder, but whose families do
family well-being. ‘‘(3) best practices relating to— not meet criteria for immediate safety con-
‘‘(c) DUTIES.—The Work Group shall— ‘‘(A) differential response; cerns of child abuse and neglect;
‘‘(1) coordinate Federal efforts and activi- ‘‘(B) the use of alternative pathways to ‘‘(7) the incidence of cases of child abuse
ties with respect to child abuse and neglect connect families experiencing difficulty and neglect in the United States, including
prevention and treatment, including data meeting basic needs or other risk factors as- information based on data submitted by
collection and reporting; sociated with child abuse and neglect to State child protective services agencies
‘‘(2) serve as a forum that convenes rel- community-based family strengthening serv- under section 106(d); and
evant Federal agencies to communicate and ices to prevent child abuse and neglect, in- ‘‘(8) the research conducted under section
exchange ideas concerning child abuse and cluding through the operation of local, 104(a).
neglect related programs and activities and State, or Tribal helplines, websites, or mo- ‘‘(d) DATA COLLECTION AND ANALYSIS.—
other programs and activities that strength- bile applications (which may include expand- ‘‘(1) IN GENERAL.—The Secretary shall, in
en families and support child and family ing hotlines and referral systems operated by accordance with all applicable Federal and
well-being; State, Tribal, or local child protective serv- State privacy law, develop and maintain a
‘‘(3) work to maximize Federal resources to ices agencies for such purposes); Federal data collection and analysis system,
address child abuse and neglect in areas of ‘‘(C) making improvements to the child in consultation with appropriate State, Trib-
critical needs for the field, such as— protective services systems, including efforts al, and local agencies and experts in the
‘‘(A) improving research; to prevent child abuse and neglect, prioritize field, to collect, compile, and make available
‘‘(B) focusing on prevention of child abuse serving children who are at risk of serious State child abuse and neglect reporting in-
and neglect; harm, and implement protocols to identify, formation which shall be universal and case
‘‘(C) addressing racial bias and disparities examine, and eliminate child fatalities and specific and, to the extent practicable, inte-
in the child welfare system; near fatalities due to child abuse and ne- grated with other case-based Federal, State,
‘‘(D) enhancing child welfare professionals’ glect; Tribal, regional, and local child welfare in-
understanding of trauma-informed practices ‘‘(D) making appropriate referrals related formation (including the automated foster
that prevent and mitigate the effects of trau- to the physical, developmental, and mental care and adoption reporting system required
ma and adverse childhood experiences; health needs of children who are victims of under section 479 of the Social Security Act
‘‘(E) identifying actions the child protec- child abuse or neglect, and when appropriate, (42 U.S.C. 679) and including the case registry
tive services system, other public agencies, provide services to parents or children, to authorized under section 303), and which
and community-based organizations can address the needs of such children and their shall include—
take to develop alternative pathways to con- families and effectively treat the effects of ‘‘(A) standardized data on false, unfounded,
nect families experiencing difficulty meeting such abuse or neglect; unsubstantiated, and substantiated reports;
basic needs or other risk factors associated ‘‘(E) supporting children and youth being ‘‘(B) comparable information on child fa-
with child abuse and neglect to community- cared for by kinship caregivers, including talities and near fatalities due to child abuse
based family strengthening services to pre- such children whose living arrangements and neglect, including—
vent child abuse and neglect in order to safe- with kinship caregivers occurred without the ‘‘(i) the number of child fatalities and near
ly reduce the number of families unneces- involvement of a child protective services fatalities due to child abuse and neglect; and
sarily involved in such system; and agency; and ‘‘(ii) case-specific data about the cir-
‘‘(F) addressing the links between child ‘‘(F) workforce development and retention cumstances under which a child fatality or
abuse and neglect and domestic violence; and of child protective services personnel; near fatality occurred due to abuse and ne-
‘‘(4) consult with experts in the child pro- ‘‘(4) professional development resources glect, including the data elements described
tective services field and individuals with available at the State and local level— in section 106(d)(3)(E);
personal experience in the child welfare sys- ‘‘(A) for individuals who are engaged, or ‘‘(C) information about the incidence and
tem.’’. who intend to engage, in the prevention, characteristics of child abuse and neglect in
SEC. 5102. NATIONAL CLEARINGHOUSE FOR IN- identification, and treatment of child abuse circumstances in which domestic violence is
FORMATION RELATING TO CHILD and neglect, including mandated reporters; present; and
ABUSE. and ‘‘(D) information about the incidence and
Section 103 of the Child Abuse Prevention ‘‘(B) for appropriate State, Tribal, and characteristics of child abuse and neglect in
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and Treatment Act (42 U.S.C. 5104) is amend- local officials to assist in the provision of cases related to substance use disorder.
ed to read as follows: professional development for law enforce- ‘‘(2) CONFIDENTIALITY REQUIREMENT.—In
‘‘SEC. 103. NATIONAL CLEARINGHOUSE FOR IN- ment, legal, judicial, medical, physical, be- carrying out paragraph (1), the Secretary
FORMATION RELATING TO CHILD havioral and mental health, child care and shall ensure that methods are established
ABUSE. early learning, education, child welfare, sub- and implemented to preserve the confiden-
‘‘(a) ESTABLISHMENT.—The Secretary shall stance use disorder treatment services, and tiality of records relating to case specific
establish, directly or through one or more domestic violence services personnel on— data.’’.
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S5618 CONGRESSIONAL RECORD — SENATE September 29, 2022
SEC. 5103. RESEARCH AND ASSISTANCE ACTIVI- treatment of child abuse and neglect to ad- Pensions of the Senate and the Committee
TIES. dress such overrepresentation; and on Education and Labor of the House of Rep-
Section 104 of the Child Abuse Prevention ‘‘(I) effective collaborations between the resentatives a report that—
and Treatment Act (42 U.S.C. 5105) is amend- child welfare system and substance use dis- ‘‘(A) identifies the research priorities
ed— order treatment service providers that pro- under paragraph (5) and the process for de-
(1) by amending subsections (a) through (c) vide for the safety of children exposed to par- termining such priorities;
to read as follows: ents with substance use disorders, and that ‘‘(B) contains a summary of the research
‘‘(a) RESEARCH.— improve the investigations, interventions, supported pursuant to paragraphs (1) and (2),
‘‘(1) IN GENERAL.—The Secretary, in coordi- delivery of services, and treatments provided and a summary of any other relevant re-
nation with relevant Federal agencies, and for such children and families. search on child abuse and neglect conducted
in consultation with recognized experts in ‘‘(3) NATIONAL INCIDENCE OF CHILD ABUSE by agencies within the Department of Health
AND NEGLECT.— and Human Services;
the field, shall carry out a continuing inter-
disciplinary program of research, including ‘‘(A) IN GENERAL.—The Secretary shall con- ‘‘(C) contains the findings of the research
longitudinal research, that is designed to— duct research on the national incidence of regarding the national incidence on child
‘‘(A) provide information needed to im- child abuse and neglect and investigate the abuse and neglect conducted under para-
trends in such incidence, including the infor- graph (3); and
prove primary prevention of child abuse and
mation on the national incidence of child ‘‘(D) describes how the Secretary will con-
neglect;
abuse and neglect specified in subparagraph tinue to improve the accuracy of informa-
‘‘(B) better protect children from child
(B).
abuse or neglect; tion on the national incidence on child abuse
‘‘(B) CONTENT.—The research described in
‘‘(C) evaluate the efficacy of programs or and neglect specified in paragraph (3).
subparagraph (A) shall examine the national
practices to improve outcomes; ‘‘(5) PRIORITIES.—
incidence of child abuse and neglect, includ-
‘‘(D) improve the well-being of victims of ‘‘(A) IN GENERAL.—The Secretary shall es-
ing—
child abuse or neglect; and tablish research priorities, which may in-
‘‘(i) the extent to which incidents of child
‘‘(E) be responsive to the research needs of clude long-term studies, for making grants
abuse and neglect are increasing or decreas-
the child welfare field. ing in number and severity; or contracts for purposes of carrying out
‘‘(2) TOPICS.—The research program de- ‘‘(ii) the incidence of substantiated and un- paragraph (1).
scribed in paragraph (1) may focus on— substantiated reported child abuse and ne- ‘‘(B) PUBLIC COMMENT.—The Secretary
‘‘(A) evidence-based or evidence-informed glect cases; shall provide a biennial opportunity for pub-
programs regarding— ‘‘(iii) the number of substantiated cases lic comment concerning the priorities pro-
‘‘(i) prevention of child abuse and neglect that result in a judicial finding of child posed under subparagraph (A) and shall
in families that have not had contact with abuse or neglect or related criminal court maintain an official record of such public
the child protective services system, includ- convictions; comment.
ing through supporting the development of ‘‘(iv) the extent to which the number of un- ‘‘(b) PROVISION OF TECHNICAL ASSISTANCE.—
protective factors linked to the prevention substantiated, unfounded, or falsely reported ‘‘(1) IN GENERAL.—The Secretary shall pro-
of child abuse and neglect; cases of child abuse or neglect have contrib- vide technical assistance to State, local, and
‘‘(ii) trauma-informed and develop- uted to the inability of a State to respond ef-
mentally-appropriate treatment of children Tribal public and private agencies and com-
fectively to serious cases of child abuse or munity-based organizations, including orga-
and families who experience child abuse and neglect;
neglect, including efforts to prevent the re- nizations that support children or youth
‘‘(v) the extent to which the lack of ade- overrepresented in the child welfare system
traumatization of such children and fami- quate resources or the lack of adequate sup-
lies; and and their families, disability organizations,
ports for individuals required by law to re- and persons who work with children with
‘‘(iii) approaches to identify, relieve, and port suspected cases of child abuse and ne-
mitigate stressors affecting families’ unique disabilities, and providers of mental health,
glect have contributed to the inability of a
needs in rural, urban, and suburban commu- substance use disorder treatment, and do-
State to respond effectively to serious cases
nities; mestic violence prevention services, to assist
of child abuse and neglect;
‘‘(B) effective practices to reduce racial such agencies and organizations in planning,
‘‘(vi) the number of unsubstantiated, false,
bias and disparities in the child protective improving, developing, carrying out, and
or unfounded reports that have resulted in a
services system, including examining how evaluating programs and activities, includ-
child being placed in substitute care, and the
neglect is identified, investigated, and treat- duration of such placement; ing replicating successful program models,
ed by such system; ‘‘(vii) the extent to which unsubstantiated relating to the prevention, assessment, iden-
‘‘(C) effective practices and programs in reports return as more serious cases of child tification, and treatment of child abuse and
the use of differential response to identify abuse or neglect; neglect.
children at risk of serious harm and to safely ‘‘(viii) the incidence and prevalence of— ‘‘(2) CONTENT.—The technical assistance
reduce the number of families unnecessarily ‘‘(I) physical, sexual, and emotional abuse under paragraph (1) shall be designed to—
investigated by the child protective services and physical and emotional neglect in sub- ‘‘(A) reduce racial bias and disparities in
system; stitute care; and the child protective services system;
‘‘(D) effective practices and programs de- ‘‘(II) domestic violence in substantiated ‘‘(B) support the child protective services
signed to improve service delivery and out- cases of child abuse and neglect; system to develop and implement trauma-in-
comes for child protective services agencies ‘‘(ix) the incidence and prevalence of child formed approaches to prevent, reduce, and
engaged with children and families with abuse and neglect by a wide array of demo- treat child abuse and neglect;
complex needs, such as families who have ex- graphic characteristics such as age, sex, ‘‘(C) promote best practices for addressing
perienced domestic violence, substance use race, family structure, household relation- child abuse and neglect in families with com-
disorders, or adverse childhood experiences, ship (including the living arrangement of the plex needs, such as families who have experi-
or who have mental health needs; resident parent and family size), school en- enced domestic violence, substance use dis-
‘‘(E) best practices for recruiting and re- rollment and education attainment, dis- orders, or adverse childhood experiences, or
taining a child protective services workforce ability, labor force status, and income in the who have mental health needs, including
and providing professional development; previous year; professional development on such practices
‘‘(F) effective collaborations between the ‘‘(x) the extent to which reports of sus- for the child protective services workforce;
child protective system and domestic vio- pected or known instances of child abuse or ‘‘(D) leverage State, local, and community-
lence service providers that provide for the neglect involving a potential combination of based resources to prevent child abuse and
safety of children exposed to domestic vio- jurisdictions, such as intrastate, interstate, neglect to develop a continuum of preven-
lence and their non-abusing parents and that Federal-State, and State-Tribal, are tion programs and services, including re-
improve the investigations, interventions, screened out solely on the basis of the cross- sources regarding health care (including
delivery of services, and treatments provided jurisdictional complications; and mental health and substance use disorder),
for such children and families; ‘‘(xi) the incidence and outcomes of child housing, food assistance, parent support, fi-
‘‘(G) child abuse and neglect issues facing abuse and neglect allegations reported with- nancial assistance, child care and early
Indians, Alaska Natives, and Native Hawai- in the context of divorce, custody, or other learning, education services, and other serv-
ians, including providing recommendations family court proceedings, and the inter- ices to assist families;
for improving the collection of child abuse action between family courts and the child ‘‘(E) promote best practices for maxi-
and neglect data from Indian Tribes, Tribal protective services system. mizing coordination and communication be-
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organizations, and Native Hawaiian commu- ‘‘(4) REPORT.—Not later than 3 years after tween State, Tribal, and local child protec-
nities; the date of the enactment of the CAPTA Re- tive services agencies and relevant health
‘‘(H) child abuse and neglect issues related authorization Act of 2022 and every 2 years care entities, consistent with all applicable
to children and youth overrepresented in the thereafter, the Secretary shall prepare and Federal and State privacy law; and
child welfare system, including efforts to im- make available on a website that is acces- ‘‘(F) provide other technical assistance, as
prove the child welfare system’s practices re- sible to the public and submit to the Com- determined by the Secretary in consultation
lated to the prevention, identification, and mittee on Health, Education, Labor, and with such State, Tribal, and local public and
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5619
private agencies and community-based orga- ‘‘(2) ELIGIBLE ENTITY.—In this subsection, worship, and other community-based agen-
nizations as the Secretary determines appro- the term ‘eligible entity’ means— cies, such as children’s advocacy centers, in
priate. ‘‘(A) a State or local agency, Indian Tribe accordance with all applicable Federal and
‘‘(3) EVALUATION.—The technical assistance or Tribal organization, or a nonprofit entity; State privacy law, to—
under paragraph (1) may include an evalua- or ‘‘(i) improve responses to reports of child
tion or identification of— ‘‘(B) a consortium of entities described in abuse and neglect;
‘‘(A) various methods and procedures for subparagraph (A). ‘‘(ii) allow for the establishment or im-
the prevention, investigation, assessment, ‘‘(3) APPLICATIONS.—To receive a grant or provement of a coordinated triage system;
and prosecution of child physical and sexual contract under this subsection, an eligible ‘‘(iii) connect families experiencing dif-
abuse cases; entity shall submit an application to the ficulty meeting basic needs or risk factors
‘‘(B) ways to prevent and mitigate the ef- Secretary at such time, in such manner, and associated with child abuse and neglect to
fects of trauma to the child victim; containing such information as the Sec- community-based systems and programs
‘‘(C) effective programs carried out by the retary may require. that assist families seeking support to mini-
States under this title and title II; ‘‘(4) USE OF FUNDS.—An eligible entity re- mize involvement in the child protective
‘‘(D) effective approaches to link child pro- ceiving a grant or contract under this sub- services system; or
tective service agencies with health care (in- section shall use the funds made available ‘‘(iv) modernize data systems and networks
cluding mental health and substance use dis- through the grant or contract to better align to improve the effectiveness of technology
order), and developmental services to im- and coordinate community-based, local, or used by the child protective services system,
prove forensic diagnosis and health evalua- State activities to strengthen families and including to facilitate timely information
tions, and reduce barriers and shortages to prevent, reduce, and treat child abuse and and data sharing and referrals between sys-
such linkages; and neglect, by— tems that are designed to serve children and
‘‘(E) the extent to which changes in meth- ‘‘(A) providing professional development families; or
ods, procedures, and approaches imple- for professionals in prevention, identifica- ‘‘(C) establishing or enhancing coordinated
mented by the child protective service sys- tion, or treatment of child abuse and ne- systems of support for children, parents, and
tem minimized racial bias and disparities in glect, which may include— families, including a continuum of preven-
such system. ‘‘(i) professional development for profes- tion programs and services that strengthens
‘‘(4) DISSEMINATION.—The Secretary may sional and paraprofessional personnel who families and connects families to services
provide for, and disseminate information re- are engaged in, or intend to work in, the and supports relevant to their diverse needs
lating to, various professional development field of prevention, identification, and treat- regardless of how families make contact
available at the State and local level to— ment of child abuse and neglect, including on with such systems.
‘‘(A) individuals who are engaged, or who the links between child abuse and neglect ‘‘(c) FIELD-INITIATED INNOVATION GRANT
intend to engage, in the prevention, identi- and domestic violence and approaches to PROGRAM.—
fication, and treatment of child abuse and working with families affected by substance ‘‘(1) IN GENERAL.—The Secretary may
neglect; and use disorder; award grants or contracts to eligible entities
‘‘(B) appropriate State and local officials ‘‘(ii) professional development on evidence- for field-initiated demonstration projects of
to assist in the provision of professional de- based and evidence-informed programs to up to 5 years that advance innovative ap-
velopment for law enforcement, legal, judi- improve child abuse and neglect reporting, proaches to prevent, reduce, or treat child
cial, medical, mental health, child care and with a focus on adults who work with chil- abuse and neglect.
early learning, education, child welfare, sub- dren in a professional or volunteer capacity, ‘‘(2) ELIGIBLE ENTITY.—In this subsection,
stance use disorder, and domestic violence including on— the term ‘eligible entity’ means—
services personnel in appropriate methods of ‘‘(I) preventing, recognizing, and respond- ‘‘(A) a State or local agency, Indian Tribe
interacting during investigative, administra- ing to child sexual abuse; and or Tribal organization, or public or private
tive, and judicial proceedings with children ‘‘(II) safely reducing the number of fami- agency, or organization; or
who have been subjected to, or children lies unnecessarily investigated by the child ‘‘(B) a consortium of entities described in
whom such personnel suspect have been sub- protective services system; subparagraph (A).
jected to, child abuse or neglect. ‘‘(iii) professional development of per- ‘‘(3) APPLICATIONS.—To receive a grant or
‘‘(c) AUTHORITY TO MAKE GRANTS OR ENTER sonnel in best practices to meet the unique contract under this subsection, an eligible
INTO CONTRACTS.— needs and development of children with dis- entity shall submit an application to the
‘‘(1) IN GENERAL.—The functions of the Sec- abilities, children under the age of 3, and in- Secretary at such time, in such manner, and
retary under this section may be carried out fants affected by substance use disorder; containing such information as the Sec-
directly or through grant or contract. ‘‘(iv) improving the professional develop- retary may require, including, at a min-
‘‘(2) DURATION.—Grants under this section ment of supervisory child protective services imum, a rigorous methodological approach
shall be made for periods of not more than 5 personnel on best practices for recruiting, se- to the evaluation of the grant or contract
years.’’; and lecting, and retaining the child protective and a description of the eligible entity’s ef-
(2) by striking subsection (e). services workforce; forts to engage with individuals with per-
SEC. 5104. GRANTS TO STATES, INDIAN TRIBES ‘‘(v) supporting State child welfare and sonal experience in the child welfare system
OR TRIBAL ORGANIZATIONS, AND child protective services agencies in coordi- in carrying out such grant or contract.
PUBLIC OR PRIVATE AGENCIES AND nating the provision of services with State ‘‘(4) USE OF FUNDS.—An eligible entity that
ORGANIZATIONS.
and local health care agencies, substance receives a grant or contract under this sub-
Section 105 of the Child Abuse Prevention abuse agencies, public health agencies, men- section shall use the funds made available
and Treatment Act (42 U.S.C. 5106) is amend- tal health agencies, other public and private through the grant or contract to carry out or
ed to read as follows:
welfare agencies, and agencies that provide bring to scale promising, evidence-informed,
‘‘SEC. 105. GRANTS TO STATES, INDIAN TRIBES OR
early intervention services to promote child or evidence-based activities to prevent,
TRIBAL ORGANIZATIONS, AND PUB-
LIC OR PRIVATE AGENCIES AND OR- safety, permanence, and family stability, treat, or reduce child abuse and neglect that
GANIZATIONS. which may include best practices to improve shall include one or more of the following:
‘‘(a) AUTHORITY TO AWARD GRANTS OR coordination between agencies to meet ‘‘(A) Multidisciplinary systems of care to
ENTER INTO CONTRACTS.—The Secretary may health evaluation and treatment needs of strengthen families and prevent, reduce, and
award grants and enter into contracts to children who have been victims of substan- treat child abuse and neglect, such as chil-
carry out programs and projects in accord- tiated cases of child abuse or neglect; dren’s advocacy centers or programs that
ance with this section, for any of the fol- ‘‘(vi) professional development for per- focus on addressing traumatic stress in fami-
lowing purposes: sonnel in best practices relating to the provi- lies due to child abuse and neglect, espe-
‘‘(1) Capacity building, in order to create sion of differential response; and cially for families with complex needs, such
coordinated, inclusive, and collaborative sys- ‘‘(vii) professional development for child as families who have experienced domestic
tems that have statewide, local, or commu- welfare professionals to reduce and prevent violence, substance use disorders, or adverse
nity-based impact in preventing, reducing, racial bias in the provision of child protec- childhood experiences, or who have mental
and treating child abuse and neglect. tive services and child welfare services re- health needs.
‘‘(2) Innovation, through time-limited, lated to child abuse and neglect; ‘‘(B) Primary prevention programs or
field-initiated demonstration projects that ‘‘(B) enhancing systems coordination and strategies aimed at reducing the prevalence
further the understanding of the field to pre- triage procedures, including programs of col- of child abuse and neglect among families.
vent, reduce, and treat child abuse and ne- laborative partnerships between the State ‘‘(C) The development and use of alter-
glect. child protective services agency, community native pathways to connect families experi-
dlhill on DSK120RN23PROD with SENATE
‘‘(b) CAPACITY BUILDING GRANT PROGRAM.— social service agencies and community-based encing difficulty meeting basic needs or
‘‘(1) IN GENERAL.—The Secretary may family support programs, law enforcement other risk factors associated with child
award grants or contracts to an eligible enti- agencies and legal systems, developmental abuse and neglect to community-based fam-
ty to improve the capacity of the child pro- disability agencies, substance use disorder ily strengthening services to prevent child
tective services system in strengthening treatment agencies, health care entities, do- abuse and neglect or other public and private
families and preventing, reducing, and treat- mestic violence prevention entities, mental resources, such as supporting the develop-
ing child abuse and neglect. health service entities, schools, places of ment and implementation of—
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S5620 CONGRESSIONAL RECORD — SENATE September 29, 2022
‘‘(i) State, Tribal, or local helplines, ‘‘(d) CONDITIONS ON PAYMENT.—The provi- containing such information as the Sec-
websites, or mobile applications (which may sion of payments under a grant awarded retary may require, including—
include expanding hotlines and referral sys- under this section shall be subject to annual ‘‘(A) the activities that have been carried
tems operated by State, Tribal, or local child approval by the Secretary and subject to the out with such grant funds; and
protective services agencies for such pur- availability of appropriations for each fiscal ‘‘(B) the results of the evaluation described
poses); year to make the payments. under paragraph (2).
‘‘(ii) a continuum of prevention programs ‘‘(e) APPLICATION.—To be eligible to receive ‘‘(g) CONTINUING GRANTS.—The Secretary
and services that strengthen families and a grant under this section, a nonprofit entity may award a continuing grant to an entity
promote child, parent, and family well-being; shall submit an application to the Secretary, under this section only if such entity sub-
and at such time, in such manner, and con- mits a performance report required under
‘‘(iii) innovative collaboration and coordi- taining such information as the Secretary subsection (f)(3) that demonstrates effective-
nation between the child protective services may require. Such an application shall— ness of the project funded.’’.
system, public agencies, and community- ‘‘(1) include a description of the applicant’s SEC. 5106. GRANTS TO STATES FOR CHILD ABUSE
based organizations (including community- OR NEGLECT PREVENTION AND
plan for the operation of a national child TREATMENT PROGRAMS.
based providers supported under title II). abuse hotline and digital services, including
‘‘(D) Innovative approaches to support Section 106 of the Child Abuse Prevention
descriptions of— and Treatment Act (42 U.S.C. 5106a) is
mandated child abuse and neglect reporters, ‘‘(A) the professional development program amended to read as follows:
which may include education tailored to the for advocacy personnel; ‘‘SEC. 106. GRANTS TO STATES FOR CHILD ABUSE
mandated individual’s profession or role ‘‘(B) the hiring criteria and qualifications OR NEGLECT PREVENTION AND
when working with children. for advocacy personnel responding to hotline TREATMENT PROGRAMS.
‘‘(E) Innovative programs, activities, and callers and digital services users; ‘‘(a) STATE GRANTS.—The Secretary shall
services that are aligned with the research ‘‘(C) the methods for the creation, mainte- make grants to the States, from allotments
priorities identified under section 104(a)(5). nance, and updating of a comprehensive made under subsection (g), for each State
‘‘(F) Projects to improve the development database of resources, including prevention that applies for a grant under this section,
and implementation of best practices to edu- and treatment services and alternative path- for purposes of assisting the States in im-
cate and assist medical professionals in iden- ways to connect families experiencing dif- proving the child protective services system
tifying, assessing, and responding to poten- ficulty meeting basic needs or other risk fac- of each such State with respect to one or
tial abuse in infants, including improving tors associated with child abuse and neglect more of the following activities:
communication and alignment with child to community-based family strengthening ‘‘(1) Improving the intake, assessment,
protective services as appropriate and identi- services; screening, and investigation of reports of
fying injuries indicative of potential abuse ‘‘(D) a plan for publicizing the availability child abuse or neglect, including—
in infants, and to assess the outcomes of of the hotline and digital services through- ‘‘(A) the use of differential response;
such best practices. out the United States, including in urban, ‘‘(B) establishing and maintaining a high-
‘‘(G) Projects to establish or implement suburban, and rural areas; risk response system to ensure that each re-
comprehensive child sexual abuse awareness ‘‘(E) a plan for providing service to callers peat referral of the same child, and each re-
and prevention programs in an age- and de- and digital service users with limited ferral of a child under the age of 3 years, re-
velopmentally-appropriate manner for chil- English proficiency, including service ceives a rapid response from such system;
dren and youth, parents, guardians, and pro- through advocacy personnel who are multi- ‘‘(C) protocols and professional develop-
fessionals, including on recognizing and safe- lingual; ment that reduce and prevent—
ly reporting such abuse. ‘‘(F) a plan for facilitating access to the ‘‘(i) the separation of children from their
‘‘(d) EVALUATION.—In awarding grants and hotline and digital services by people with legal parents or guardians solely on the basis
contracts for programs or projects under this disabilities, including individuals who are of poverty; and
section, the Secretary shall require all such deaf or hard of hearing or are blind or have ‘‘(ii) racial bias in the child protective
programs and projects to be evaluated for visual impairments, and for providing profes- services system.
their effectiveness. Funding for such evalua- sional development to hotline and digital ‘‘(2) Supporting trauma-informed response,
tions shall be provided either as a stated per- services personnel in assisting people with investigation, and treatment of child abuse
centage of a grant or contracts or as a sepa- disabilities who are accessing the hotline and neglect by—
rate grant or contract entered into by the and digital services; and ‘‘(A) creating and improving the use of
Secretary for the purpose of evaluating a ‘‘(G) a plan for providing assistance and re- multidisciplinary teams, including children’s
particular program or project or group of ferrals for victims of child abuse, including advocacy centers;
programs or projects. In the case of an eval- youth victims; ‘‘(B) enhancing investigations through
uation performed by the recipient of a grant, ‘‘(2) demonstrate that the applicant has interagency, intra-agency, interstate, and
the Secretary shall make available technical the capacity and the expertise to maintain a intrastate protocols; and
assistance for the evaluation, where needed, child abuse hotline and digital services and a ‘‘(C) improving legal preparation and rep-
including the use of a rigorous application of comprehensive database of service providers; resentation, including procedures for appeal-
scientific evaluation techniques.’’. ‘‘(3) demonstrate the ability of the appli- ing and responding to appeals of substan-
SEC. 5105. NATIONAL CHILD ABUSE HOTLINE. cant to— tiated reports of child abuse or neglect.
Title I of the Child Abuse Prevention and ‘‘(A) provide information and referrals for ‘‘(3) Establishing alternative pathways to
Treatment Act (42 U.S.C. 5101 et seq.) is individuals contacting the hotline or using connect families in need to voluntary, com-
amended— digital services; munity-based family strengthening services
(1) by repealing section 114; ‘‘(B) directly connect callers or users of in order to enable the child protective serv-
(2) redesignating section 112 as section 114 digital services to service providers; and ices system to focus on children at most seri-
and moving such section to the end of title ‘‘(C) employ crisis interventions meeting ous risk of harm and safely reduce the num-
I; the standards of child abuse and prevention ber of families unnecessarily investigated for
(3) by redesignating sections 108 through service providers; child abuse and neglect, through the develop-
111 as sections 109 through 112, respectively; ‘‘(4) demonstrate a commitment to diver- ment, implementation, and expansion of—
and sity and to the provision of services to un- ‘‘(A) local or State helplines, websites, or
(4) by inserting after section 107 the fol- derserved populations, including to ethnic, mobile applications (which may include ex-
lowing: racial, and non-English speaking minorities, panding hotlines and referral systems oper-
‘‘SEC. 108. NATIONAL CHILD ABUSE HOTLINE. older individuals, and people with disabil- ated by State or local child protective serv-
‘‘(a) IN GENERAL.—The Secretary may ities; and ices agencies for such purposes); and
award a grant under this section to a non- ‘‘(5) provide an assurance that the entity ‘‘(B) coordination with other local and
profit entity to provide for the ongoing oper- complies with all applicable State and Fed- State public entities to support a continuum
ation of a 24-hour, national, toll-free tele- eral privacy law and has established quality of prevention programs and services that
phonic child abuse hotline and digital serv- assurance practices. strengthen families and promote child, par-
ices. ‘‘(f) PERFORMANCE METRICS AND REPORT.— ent, and family well-being.
‘‘(b) PRIORITY.—In awarding a grant under An entity receiving a grant under this sec- ‘‘(4) Improving case management ap-
this section the Secretary shall give priority tion shall— proaches, including ongoing case moni-
to applicants with experience in the oper- ‘‘(1) establish quantifiable metrics for toring, and delivery of services and treat-
ation of a hotline and digital services that measuring the performance of the hotline ment provided to children and their families
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provide assistance to victims of child abuse and digital services; to ensure safety and respond to family needs,
or neglect, parents, caregivers, mandated re- ‘‘(2) conduct an evaluation of the effective- including—
porters, and other concerned community ness the hotline and digital services as meas- ‘‘(A) multidisciplinary approaches to as-
members. ured by the metric established under para- sessing family needs and connecting families
‘‘(c) TERM.—The Secretary shall award a graph (1); and with services, including prevention services
grant under this section for a period of not ‘‘(3) submit a performance report to the under section 471 of the Social Security Act
more than 5 years. Secretary at such time, in such manner, and (42 U.S.C. 671);
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5621
‘‘(B) organizing treatment teams of com- ‘‘(A) strategies designed for mandated re- ‘‘(A) IN GENERAL.—To be eligible to receive
munity service providers that prevent and porters in specific professions; a grant under this section, a State shall sub-
treat child abuse and neglect, and improve ‘‘(B) public awareness and understanding mit to the Secretary a State plan for im-
child and family well-being; and relating to the role and responsibilities of proving and strengthening the child protec-
‘‘(C) case-monitoring that can ensure the child protective services system; and tive service system through the activities
progress in child and family well-being. ‘‘(C) the nature and basis for reporting sus- described in subsection (a).
‘‘(5) Modernizing data systems to improve pected incidents of child abuse and neglect. ‘‘(B) DURATION OF PLAN.—Each State plan
case management, coordination, and commu- ‘‘(9) Developing, implementing, or oper- shall—
nication between State and local public ating programs and referrals to assist in ob- ‘‘(i) be submitted not less frequently than
agencies, including— taining or coordinating necessary services once every 5 years, in coordination with the
‘‘(A) updating systems of technology that for families of infants or toddlers with a dis- State plan submitted under part B of title IV
support the program and track reports of ability, including— of the Social Security Act (42 U.S.C. 621 et
child abuse and neglect from intake through ‘‘(A) evaluation and early intervention seq.); and
final disposition and allow for interstate and services for infants and toddlers, with special ‘‘(ii) be periodically reviewed and revised
intrastate information exchange; attention to at-risk infants or toddlers (as by the State, as necessary, to reflect—
‘‘(B) improving real-time case monitoring defined in section 632 of the Individuals with ‘‘(I) any substantive changes to State law
for the child protective services workforce at Disabilities Education Act (20 U.S.C. 1432)), or regulations related to the prevention of
the State and local levels to track assess- in accordance with part C of the Individuals child abuse and neglect that may affect the
ments, service referrals, follow-up, case re- with Disabilities Education Act (20 U.S.C. eligibility of the State under this section;
views, and progress toward case plan goals; 1431 et seq.) and providing other support to and
‘‘(C) facilitating real-time data sharing be- such infants or toddlers, which may in- ‘‘(II) any significant changes from the
tween State and local public agencies and clude— State application related to the State’s fund-
relevant health care entities, consistent with ‘‘(i) financial assistance in obtaining early ing of strategies and programs supported
all applicable Federal and State privacy law; intervention services where an infant or tod- under this section.
and dler does not meet the State’s eligibility re- ‘‘(C) PUBLIC COLLABORATION AND COM-
‘‘(D) developing, improving, and imple- quirements under such part C; and MENT.—In developing the State plan under
menting risk and safety assessment tools ‘‘(ii) support for families, including foster subparagraph (A), each State shall—
and protocols that reduce and prevent bias families and kinship caregivers, in ensuring ‘‘(i) consult widely with stakeholders and
towards children and families involved in the infants and toddlers receive early interven- relevant public and private organizations
child welfare system. tion services; and individuals across the State, which shall
‘‘(6) Developing, strengthening, and facili- ‘‘(B) trauma-informed services, and include parents and other individuals with
tating professional development for profes- ‘‘(C) early care and educational services, personal experience in the child welfare sys-
sionals and volunteers engaged in the pre- including Early Head Start programs. tem;
vention, intervention, and treatment of child ‘‘(10) Enhancing interagency collaboration ‘‘(ii) collaborate with the lead entity and
abuse and neglect, including with respect between agencies and providers of the child community-based providers funded under
to— protective services, public health, mental title II to strengthen the State’s prevention
‘‘(A) the legal duties of such professionals health, substance use disorder treatment, efforts in the State plan;
and volunteers; education, child care and early learning, do- ‘‘(iii) make the draft plan publicly avail-
‘‘(B) personal safety for the child protec- mestic violence services, law enforcement, able by electronic means in an easily acces-
tive services workforce; and juvenile justice to improve the inves- sible format; and
‘‘(C) early childhood, child, and adolescent tigations, interventions, delivery of services, ‘‘(iv) provide all interested members of the
development and the impact of child abuse and treatments provided for children and public at least 30 days opportunity to submit
and neglect, including long-term impacts of families experiencing child abuse and ne- comments on the draft State plan.
adverse childhood experiences; glect, which may include— ‘‘(D) AVAILABILITY.—The State shall ensure
‘‘(D) improving coordination among child ‘‘(A) methods for continuity of treatment that the final approved plan required under
protective service agencies and health care plan and services as children and families subparagraph (A) shall be publicly available
agencies, entities providing health care (in- transition between systems; by electronic means in an easily accessible
cluding mental health and substance use dis- ‘‘(B) addressing the health needs, including format, and shall update such publicly avail-
order services), and community resources; mental health needs, of children identified as able plan to include any revisions to such
‘‘(E) improving screening, forensic diag- victims of child abuse or neglect, including plan described in subparagraph (B)(ii).
nosis, and health and developmental evalua- supporting prompt, comprehensive health ‘‘(2) PLAN PROVISIONS.—
tions, which may include best practices for and developmental evaluations for children ‘‘(A) DESCRIPTIONS.—Each State plan re-
periodic reevaluations, as appropriate; who are the subjects of substantiated child quired under paragraph (1) shall describe—
‘‘(F) addressing the unique needs of chil- abuse and neglect reports; ‘‘(i) the activities the State will carry out
dren with disabilities, including promoting ‘‘(C) the provision of services that assist using amounts received under the grant to
interagency collaboration to meet such children exposed to domestic violence, and prevent, reduce, and treat child abuse and
needs; that also support the caregiving role of their neglect and how those activities will im-
‘‘(G) supporting the placement of children non-abusing parents; prove and strengthen the child protective
with kinship caregivers and addressing the ‘‘(D) enhancing the capacity of public enti- service system;
unique needs of children in such placements; ties or community-based providers to inte- ‘‘(ii) the State’s strategy to implement a
‘‘(H) implementing responsive, family-ori- grate the leadership of parents in such enti- systems-building approach to develop and
ented, and trauma-informed approaches to ties’ decision-making; maintain a continuum of prevention pro-
prevention, identification, intervention, and ‘‘(E) co-locating service providers; and grams and services, in coordination with rel-
treatment of child abuse and neglect; ‘‘(F) the provision of services that assist evant State and local public agencies fami-
‘‘(I) ensuring child safety; infants affected by substance use disorder lies and community-based organizations to
‘‘(J) the links between child abuse and ne- and that also support the bond between chil- prevent child abuse and neglect by strength-
glect and families with complex needs, such dren and birth parents to strengthen families ening and supporting families whenever pos-
as families who have experienced domestic whenever possible. sible, such as through the development of al-
violence, substance use disorders, or adverse ‘‘(11) Supporting the development, imple- ternative pathways described in subsection
childhood experiences, or who have mental mentation, and monitoring of family care (a)(3);
health needs; plans for infants affected by substance use ‘‘(iii) professional development and reten-
‘‘(K) coordinating with other services and disorder and their families and affected care- tion activities to be provided under the grant
agencies to address family and child needs, givers, in accordance with the requirements to support direct line and supervisory child
including trauma; and of section 402(c), including through enhanc- protective services personnel in report tak-
‘‘(L) distinguishing between cases of child ing interagency coordination, such as be- ing, screening, assessment, decision-making,
and abuse neglect and cases related to family tween the State’s substance abuse agencies, and referral for investigating suspected in-
economic insecurity where abuse and neglect public health and mental health agencies, stances of child abuse and neglect;
are not present. child welfare agencies, social services agen- ‘‘(iv) the support and education to be pro-
‘‘(7) Improving the recruitment and reten- cies, health care facilities with labor and de- vided under the grant for mandatory report-
tion of child protective services personnel, livery units, maternal and child health agen- ing by individuals who are required to report
dlhill on DSK120RN23PROD with SENATE
such as efforts to address the effects of indi- cies, early intervention agencies, family known or suspected cases of child abuse and
rect trauma exposure for such personnel. courts with jurisdiction in cases of child neglect, including for purposes of making
‘‘(8) Developing, facilitating the use of, and abuse and neglect, and other agencies or en- such individuals aware of such requirements;
implementing evidence-based or evidence-in- tities involved in supporting families af- ‘‘(v) policies and procedures encouraging
formed strategies and protocols for individ- fected by substance use disorders. the appropriate involvement of families in
uals mandated to report child abuse and ne- ‘‘(b) ELIGIBILITY REQUIREMENTS.— decision-making pertaining to children who
glect, which may include— ‘‘(1) STATE PLAN.— have experienced child abuse or neglect;
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S5622 CONGRESSIONAL RECORD — SENATE September 29, 2022
‘‘(vi) policies and procedures that promote the State’s agencies that support children ‘‘(V) a grand jury or court, upon a finding
and enhance appropriate collaboration and families; that information in the record is necessary
among child protective service agencies, do- ‘‘(x) the State’s efforts to reduce racial for the determination of an issue before the
mestic violence service agencies, substance bias and disparities in its child protective court or grand jury; and
abuse agencies, mental health agencies, services system; ‘‘(VI) other entities or classes of individ-
other relevant agencies, and kinship naviga- ‘‘(xi) the State’s efforts to improve policies uals statutorily authorized by the State to
tors in investigations, interventions, and the and procedures regarding the identification receive such information pursuant to a le-
delivery of services and treatment provided and response to child abuse and neglect in gitimate State purpose;
to children and families affected by child order to safely reduce unnecessary investiga- ‘‘(vi) provisions to require a State to dis-
abuse or neglect, including children exposed tions by State and local child protective close confidential information to any Fed-
to domestic violence, where appropriate; services agencies of— eral, State, or local government entity, or
‘‘(vii) policies and procedures regarding the ‘‘(I) families solely on the basis of cir- any agent of such entity, that has a need for
use of differential response and a timeline cumstances related to poverty; and such information in order to carry out its re-
for the development and implementation of a ‘‘(II) families experiencing homelessness sponsibilities under law to protect children
high-risk response system to ensure that solely on the basis of circumstances related from child abuse and neglect;
each repeat referral of the same child, and to such families’ housing status; ‘‘(vii) provisions requiring, and procedures
each referral of a child under the age of 3 ‘‘(xii) to improve the State’s provision of in place that facilitate, the notification of
years, receives a rapid response from such legal representation to children and parents individuals who are added to a child abuse
in cases involving allegations of child abuse registry and the prompt expungement of any
system;
or neglect that result in a judicial pro- records that are accessible to the general
‘‘(viii) how the State will enact policies
ceeding, in accordance with the require- public or are used for purposes of employ-
and procedures within 2 years of the date of
ments of paragraph (3)(B); and ment or other background checks in cases
enactment of the CAPTA Reauthorization
‘‘(xiii) the State’s provisions to require determined to be unsubstantiated or false,
Act of 2022 requiring timely public disclosure
intrastate and interstate cooperation be- except that nothing in this section shall pre-
of the findings or information about the case
tween State law enforcement officials, court vent State child protective services agencies
of child abuse or neglect that has resulted in
of competent jurisdiction, and appropriate from keeping information on unsubstan-
a child fatality or near fatality (in accord- State agencies providing human services in tiated reports in their casework files to as-
ance with relevant Federal and State privacy the investigation, assessment, prosecution, sist in future risk and safety assessment;
and confidentiality requirements), which and treatment of child abuse and neglect. ‘‘(viii) established and maintained citizen
shall include a description of— ‘‘(B) ASSURANCES.—Each State plan shall review panels in accordance with subsection
‘‘(I) how the State will make such informa- provide assurances that the State has— (c);
tion publicly available in an easily acces- ‘‘(i) provisions or procedures for individ- ‘‘(ix) provisions, procedures, and mecha-
sible format, including information on— uals to report known and suspected in- nisms—
‘‘(aa) the cause and circumstances of the stances of child abuse and neglect directly to ‘‘(I) for the expedited termination of paren-
fatality or near fatality; the appropriate State or local agency, as ap- tal rights in the case of any infant deter-
‘‘(bb) the age, gender, and race or ethnicity plicable under State law, including a State mined to be abandoned under State law; and
of the child; and law for mandatory reporting by individuals ‘‘(II) by which individuals who disagree
‘‘(cc) any previous reports of child abuse or required to report such instances, including, with an official finding of child abuse or ne-
neglect investigations by the perpetrator or as defined by the State— glect can appeal such finding;
the victim; and ‘‘(I) health professionals; ‘‘(x) provisions, procedures, and mecha-
‘‘(II) assurances of the State that the State ‘‘(II) school and child care personnel; nisms that assure that the State does not re-
will not allow an exception to such public ‘‘(III) law enforcement officials; quire reunification of a surviving child with
disclosure, except in a case in which— ‘‘(IV) social workers; a parent who has been found by a court of
‘‘(aa) the State needs to delay public re- ‘‘(V) camp and after-school employees; competent jurisdiction—
lease of case-specific findings or information ‘‘(VI) clergy, except where clergy-penitent ‘‘(I) to have committed murder (which
(including any previous reports of domestic privilege is applicable; and would have been an offense under section
violence and subsequent actions taken to as- ‘‘(VII) other individuals, as a State may re- 1111(a) of title 18, United States Code, if the
sess and address such reports) during a pend- quire; offense had occurred in the special maritime
ing criminal investigation or prosecution of ‘‘(ii) provisions for immunity from civil or or territorial jurisdiction of the United
such a fatality or near fatality; criminal liability under State and local laws States) of another child of such parent;
‘‘(bb) the State is protecting the identity for individuals making good faith reports of ‘‘(II) to have committed voluntary man-
of a reporter of child abuse or neglect; or suspected or known instances of child abuse slaughter (which would have been an offense
‘‘(cc) the State is withholding information or neglect, or who otherwise provide infor- under section 1112(a) of title 18, United
in order to ensure the safety and well-being mation or assistance, including medical States Code, if the offense had occurred in
of the child, parents, and family, if such par- evaluations or consultations, in connection the special maritime or territorial jurisdic-
ents or other members of the victim’s family with a report, investigation, or legal inter- tion of the United States) of another child of
are not perpetrators of the fatality or near vention pursuant to a good faith report of such parent;
fatality; child abuse or neglect; ‘‘(III) to have aided or abetted, attempted,
‘‘(ix) the State’s efforts to collect and re- ‘‘(iii) procedures for the immediate screen- conspired, or solicited to commit such mur-
view data on child fatalities and near fatali- ing, risk and safety assessment, and prompt der or voluntary manslaughter;
ties due to child abuse and neglect to drive investigation of reports of suspected or ‘‘(IV) to have committed a felony assault
systemic change to prevent such incidents known instances of child abuse and neglect, that results in the serious bodily injury to
from occurring in the future, including a de- and triage procedures for the appropriate re- the surviving child or another child of such
scription of— ferral of a child not at risk of imminent parent;
‘‘(I) the criteria utilized by the State’s harm to a community organization or vol- ‘‘(V) to have committed sexual abuse
child protective services agency to deter- untary preventive service; against the surviving child or another child
mine which cases of child fatalities and near ‘‘(iv) procedures for immediate steps to be of such parent; or
fatalities due to abuse and neglect are re- taken to ensure and protect the safety of a ‘‘(VI) to be required to register with a sex
ported under subsection (d), subject to the victim of child abuse or neglect and of any offender registry under section 113(a) of the
requirements of section 422(b)(19) of the So- other child under the same care who also Adam Walsh Child Protection and Safety Act
cial Security Act (42 U.S.C. 622(b)(19)), such may be in danger of child abuse or neglect of 2006 (34 U.S.C. 20913(a));
as whether such agency is submitting data and ensuring their placement in a safe envi- ‘‘(xi) an assurance that, upon the imple-
on— ronment, which may include placements mentation by the State of the provisions,
‘‘(aa) only such cases that— with kinship caregivers; procedures, and mechanisms under clause
‘‘(AA) had involvement with the State’s ‘‘(v) methods to preserve the confiden- (x), conviction of any one of the felonies list-
child protective services agency; tiality of all records in order to protect the ed in clause (x) constitute grounds under
‘‘(BB) were investigated by such agency; rights of the child and of the child’s parents State law for the termination of parental
and or guardians, including requirements ensur- rights of the convicted parent as to the sur-
‘‘(CC) were substantiated as abuse or ne- ing that reports and records made and main- viving children (except that case-by-case de-
glect by such agency; or tained pursuant to the purposes of this Act terminations of whether or not to seek ter-
‘‘(bb) all cases of child fatalities and near shall be made available only to— mination of parental rights shall be within
dlhill on DSK120RN23PROD with SENATE
fatalities identified as being related to child ‘‘(I) individuals who are the subject of the the sole discretion of the State);
abuse and neglect by the State’s child fatal- report; ‘‘(xii) provisions and procedures to require
ity review system; and ‘‘(II) Federal, State, or local government that a representative of the child protective
‘‘(II) how the State is reviewing and ana- entities, or any agent of such entities, as de- services agency shall, at the initial time of
lyzing such data to support reforms intended scribed in clause (vi); contact with the individual subject to a child
to prevent future child fatalities and near fa- ‘‘(III) child abuse citizen review panels; abuse or neglect investigation, advise the in-
talities across the policies and procedures of ‘‘(IV) child fatality review programs; dividual of the complaints or allegations
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